HomeMy WebLinkAboutContract 58870CSC No. 58870
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
FY 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2301TXLIEA
Award Year (Year of Award from HHS to TDHCA): 2023
Unique Entity Identifier Number: FXG4SWSNZKT9
SECTION 1. PARTIES TO THE CONTRACT
This 2023 Low Income Home Energy Assistance Program ("LIHEAP") Weatherization
Assistance Program Contract Number 81230003873 ("Contract") is made by and between the
Texas Department of Housing and Community Affairs, a public and official agency of the State
of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient") hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2023, and, unless earlier terminated, shall end
on December 31, 2023 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. The following County/Counties constitute the Subrecipient's Service Area: TARRANT
B. Subrecipient shall, throughout its Service Area implement a Weatherization Assistance
Program ("WAP") in accordance with the provisions of Part A of the Energy Conservation in
Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.) ("WAP Act"), the
sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10
CFR Parts 440 and 600 ("WAP Regulations") as indicated herein, 2 CFR Part 200 (as
applicable), the Texas WAP State Plan, the Texas LIHEAP State Plan; the implementing
State regulations at Title 10, Part I, Chapter 1, Chapter 2, and Subchapters A and D of
Chapter 6, of the Texas Administrative Code, as amended or supplemented from time to
time (collectively, "State Rules"), Chapters 2105 and 2306 of the Texas Government Code
("State Act"), the Low -Income Home Energy Assistance Act of 1981 as amended (42
U.S.C. §8621 et seq.) ("LIHEAP Act"), and the implementing regulations codified in 45 CFR
Part 96 ("LIHEAP Regulations").
C. Subrecipient shall, in accordance with this Contract throughout its Service Area,
develop
and implement a WAP in the counties and in accordance with the terms of this
Contract;
the certifications attached hereto as Addendums A, B, C and D and incorporated
herein for
all relevant purposes; the "Personal Responsibility and Work Opportunity Act
of 1996
("PRWORA") Requirements for the WAP" attached hereto as Addendum
E and
incorporated herein for all relevant purposes; the "Budget and Performance Statement"
attached hereto as Exhibit A and incorporated herein for all relevant purposes; the
"LIHEAP
Priority List" attached hereto as Exhibit B and incorporated herein for all relevant
purposes;
the assurances, certifications, and all other statements made by Subrecipient in its
funding
under this Contract; and with all other terms, provisions, and requirements herein set forth.
OFFICIAL RECORD
CITY SECRETARY
Pagel of 45
FT. WORTH, TX
D. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level
of energy efficiency in the dwellings of "Households" that are "Low -Income". WAP services
will be provided to owner occupied units as well as rental units. Priority will be given to, in no
particular order, (1) Households with "Elderly Persons", (2) "Persons with Disabilities", (3)
Households with young children that are age five (5) or younger, (4) Households with a
"High Energy Burden", and/or (5) Households with "High Energy Consumption", as defined
in 10 the Texas Administrative Code §6.2. Subrecipient is allowed to perform weatherization
measures as detailed in LIHEAP Priority List, Exhibit B of this Contract. If Subrecipient
leverages LIHEAP with any DOE weatherization funds, all federal and state rules and
current Weatherization Program Notice requirements will apply including but not limited to
income calculation requirements as outlined in applicable Department of Energy
Weatherization Program Notice or updated Income Determination Notice in accordance
with the State Rules. The work will be completed in accordance with NREL Standard Work
Specifications (SWS), the International Energy Conservation Code, and the minimum
requirements set in the State of Texas adopted International Residential Code ("IRC") or in
jurisdictions authorized by State law to adopt later editions.
E. Subrecipient shall refund to the Department any sum of money which has been paid to
Subrecipient by the Department, which Department determines has not been strictly spent
in accordance with the terms of this Contract. Subrecipient shall make such refund within
fifteen (15) calendar days after the Department's request.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. Subrecipient understands that all obligations of TDHCA under the Contract are subject to
the availability of grant funds appropriated by Congress for the purpose of this program and
the availability of future -year budget authority. The Grantee shall administer LIHEAP funds
received under the WAP in accordance with Federal rules and regulations and State
policies and procedures. The Grantee is to manage Federal Funds in a prudent, effective
and efficient manner to accomplish program objectives. Grantees shall take the necessary
steps to ensure that funds are expended within the grant project period. The Contract is
subject to termination or cancellation, either in whole or in part, without penalty to TDHCA if
such funds are not appropriated or become unavailable.
B. In consideration of Subrecipient's satisfactory performance of this Contract, Department
may reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the
amount specified in "Budget and Performance Statement" attached hereto as Exhibit A.
C. The Contract shall not be construed as creating a debt on behalf of Department in violation
of Article III, Section 49a of the Texas Constitution. Department's obligations under this
Contract are contingent upon the actual receipt and availability by Department of adequate
2022 LIHEAP federal program funds. If sufficient funds are not available to make payments
under this Contract, Department may notify Subrecipient in writing within a reasonable time
after such fact is determined. Department shall then terminate this Contract and will not be
liable for the failure to make any payment to Subrecipient under this Contract. Department
acknowledges that it has received obligations from those sources which, if paid, will be
sufficient to pay the allowable costs incurred by Subrecipient under this Contract.
D. Department is not liable for any cost incurred by Subrecipient which:
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(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined
in Section 440.22 of the WAP Regulations, except that pursuant to 10 TAC §6.2(b)(28)
the dwelling unit shall be eligible for weatherization assistance if it is occupied by a
family unit whose income is at or below one hundred fifty percent (150%) of the poverty
guidelines updated periodically in the Federal Register by the U.S. Department of Health
and Human Services ("HHS") under the authority of "Poverty Income Guidelines" at 42
U.S.C. §9902 (2);
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance
by a federal, state, or local program within twelve (12) months from the date
weatherization of the dwelling unit is scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds or
charged to another LIHEAP WAP or DOE WAP contract, except as provided for in
Section 440.18(e)(2) of the WAP Regulations;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation
set forth in Section 8 of this Contract;
(5) dwelling units layered with Bipartisam Infrastructure Bill DOE WAP funds, where work
began before written Department approval;
(6) is not incurred during the Contract Term;
(7) is not reported to Department on a monthly expenditure or performance report within
forty five (45) calendar days following the end of the Contract Term;
(8) is subject to reimbursement by a source other than Department; or
(9) is made in violation of any provision of this Contract, including the addendums and
exhibits, or any provision of federal or state law or regulation, including, but not limited to
those enumerated in this Contract.
E. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the WAP Act and LIHEAP Act.
F. Notwithstanding any other provision of this Contract to the contrary, the total of all payments
and other obligations incurred by the Department under this Contract shall not exceed the
sum of $785,365.00.
G. COST MATCHING. Cost matching is not required.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30)
days. Subrecipient's request for cash advance shall be limited to the minimum amount
needed and be timed to be in accordance with the actual, immediate cash requirements of
the Subrecipient or an advance of Five Thousand and No/100 Dollars ($5,000.00),
whichever is greater. In carrying out the purpose of this Contract. Subrecipient must
request an advance payment by submitting a properly completed monthly expenditure
report to Department through the electronic reporting system no later than the fifteenth
(15th) day of the month prior to the month for which advance payment is sought, together
with such supporting documentation as the Department may reasonably request.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize
the time between the disbursement of funds from Department to Subrecipient and the
expenditure of such funds by Subrecipient.
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C. DEPARTMENT OBLIGATIONS. Subsection 4(A) of this Contract notwithstanding,
Department reserves the right to utilize a modified cost reimbursement method of payment,
whereby reimbursement of costs incurred by a Subrecipient is made only after the
Department has reviewed and approved backup documentation provided by the
Subrecipient to support such costs for all funds, if at any time (1) Subrecipient maintains
cash balances in excess of need or requests advance payments in excess of thirty (30)
days need, (2) Department identifies any deficiency in the cash controls or financial
management system used by Subrecipient, (3) Subrecipient owes the Department funds,
or (4) Subrecipient violates any of the terms of this Contract.
D. ALLOWABLE EXPENSES.
All funds paid to Subrecipient pursuant to this
Contract
are for
the payment of allowable
expenditures to be used for the exclusive
benefit
of the
Low -Income population of
Subrecipient's Service Area incurred during the
Contract Term.
Subrecipient may incur costs
for activities associated with the closeout
of the
LIHEAP
contract for a period not to
exceed forty-five (45) calendar days from the end of the
Contract
Term.
SECTION 6. ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES
AND
AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES. Except as expressly modified
by law or the terms of this Contract, Subrecipient shall comply with the cost principles and
uniform administrative requirements set forth in the Texas Grant Management Standards
d("TXGMS") in effect on the effective date of this Contract, Chapter 783 of the Texas
Government Code and 2 CFR Part 200. All references therein to "local government" shall
be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act
and Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is Seven
Hundred Fifty Thousand and No/100 Dollars ($750,000.00) of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds
received and performances rendered under this Contract. Subrecipient agrees to permit
Department or its authorized representative to audit Subrecipient's records and to obtain
any documents, materials, or information necessary to facilitate such audit.
E. CERTIFICATION FORM. For any fiscal year ending within or one (1) year after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available from the
Department) within sixty (60) days after the Subrecipient's fiscal year end. If the
Subrecipient's Single Audit is required by 2 CFR Part 200, Subpart F, the report must be
submitted to the Federal Audit Clearinghouse ("FAC") the earlier of thirty (30) calendar days
after receipt of the auditor's report or nine (9) months after the end of its respective fiscal
year. As noted in 10 TAC §1.403(f), Subrecipient is required to submit a notification to
Department within five (5) business days of submission to the FAC. Along with the notice,
indicate if the auditor issued a management letter. If there is a management letter, a copy of
the letter must be sent to the Department. Both the notice and the copy of the management
letter, if applicable, must be submitted to SAandACF@tdhca.state.tx.us.
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F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas
Government Code, the state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under any contract or indirectly through a subcontract
under the Contract. The acceptance of funds by the Subrecipient or any other entity or
person directly under the Contract or indirectly through a subcontract under the Contract
acts as acceptance of the authority of the state auditor, under the direction of the legislative
audit committee, to conduct an audit or investigation in connection with those funds. Under
the direction of the legislative audit committee, the Subrecipient or other entity that is the
subject of an audit or investigation by the state auditor must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
Subrecipient shall ensure that this paragraph concerning the authority to audit funds
received indirectly by subcontractors through the contract and the requirement to cooperate
is included in any subcontract it awards.
G. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that
provides the Department the ability to directly review, monitor, and/or audit the operational
and financial performance and/or records of work performed under this Contract.
SECTION 7. DEOBLIGATION, TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance
with 10 TAC §1.411, 10 TAC §6.405, and Chapter 2105 of the State Act.
B. TERMINATION. Pursuant to 10 TAC §2.202, Department may terminate this Contract, in
whole or in part, at any time Department determines that there is cause for termination.
Cause for termination includes but is not limited to Subrecipient's failure to comply with any
term of this Contract or reasonable belief that Subrecipient cannot or will not comply with
the requirements of the Contract. If the Department determines that a Subrecipient has
failed to comply with the terms of the Contract, or has failed to provide services that meet
appropriate standards, goals, or other requirements established by the Department,
Department will notify Subrecipient of the deficiencies to be corrected and require the
deficiencies be corrected prior to implementing termination.
C. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority
to withhold payment and immediately suspend Subrecipient's performance under this
Contract if Department identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, or other serious deficiencies in Subrecipient's performance.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
deobligation, termination or suspension, Subrecipient shall not be relieved of any liability to
Department for damages by virtue of any breach of this Contract by Subrecipient.
Department may withhold any payment due to Subrecipient until such time as the exact
amount of damages due to Department is agreed upon or is otherwise determined in writing
between Parties.
E. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or during suspension of this Contract or for any costs that are disallowed.
F. GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a
timely manner may result in either the termination of this Contract or Subrecipient's
ineligibility to receive additional funding under WAP, or a reduction in the original allocation
of funds to Subrecipient.
G. STATEWIDE OR REGIONAL PROVIDER. Department may award deobligated or
terminated funds from this Contract to a Statewide or Regional Provider in accordance with
10 TAC §1.411. Subrecipient agrees to provide information as requested by the
Department to serve clients in the Service Area.
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SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be
determined in accordance with the provisions of Sections 4 and 5 of this Contract and the
regulations set forth in Section 440.18 of the WAP Regulations, subject to the limitations
and exceptions set forth in this Section 8.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this
Contract for the purchase of weatherization materials. Subrecipient shall weatherize eligible
dwelling units using only weatherization materials which meet or exceed the standards
prescribed by DOE in Appendix A to Part 440 of the WAP Regulations, current adopted
versions of NREL Standard Work Specifications ("SWS"), State of Texas adopted
International Residential Code ("IRC") or jurisdictions authorized by State law to adopt later
editions.
C. Administrative and program services activities funds are earned through provision of direct
services to clients in accordance with the State Rules. Subrecipient may choose to submit
a final budget revision no later than forty-five (45) calendar days prior to the end of the
Contract Term to use its administrative and program services funds for direct service
categories.
D. For units where Subrecipient leverages with any DOE weatherization funds, all
weatherization measures installed must be justified with: (1) use of DOE -approved Priority
List and LIHEAP Priority List, or (2) have an approved State of Texas Energy Audit
savings -to -investment ratio ("SIR") of one (1) or greater unless otherwise indicated as
health and safety or incidental repair items. Weatherization measures justified with an
energy audit will be installed with those having the greatest SIR (on approved State of Texas
Energy Audit) and proceed in descending order to the measures with the smallest SIR or
until the maximum allowable per unit expenditures are achieved.
E. Allowable expenditures under this Contract include:
(1) the purchase and delivery of weatherization materials as defined in Section 440.18 of
the WAP Regulations;
(2) the cost of weatherization materials and labor for air and duct sealing, insulation,
allowable base load reduction measures, heating and cooling system tune ups,
repairs, modification, or replacements. Whenever available, heating and cooling
systems must have an Energy Star rating;
(3) transportation of weatherization and repair materials, tools, equipment, and work
crews to a storage site and to the site of weatherization work;
(4) maintenance, operation, and insurance of vehicles used to transport weatherization
materials;
(5) maintenance of tools and equipment;
(6) purchase or lease of tools or equipment;
(7) employment of on -site supervisory personnel;
(8) storage of weatherization materials, tools, and equipment;
(9) incidental repairs (as defined by the Priority List(s) or current DOE WPN guidance);
and
(10) allowable health and safety measures in the current approved Health & Safety Plan.
F. Health and Safety funds not expended may be moved to the labor, materials, and program
support category. These changes will require a Contract action; therefore, Subrecipient
must provide written notification to the Department at least forty-five (45) calendar days
prior to the end of the Contract Term before these funds can be moved.
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G. Administrative costs incurred by Subrecipient in performing this Contract are to be based
on actual programmatic expenditures and shall be allowed up to the amount outlined in the
"Budget and Performance Statement" as Exhibit A. Allowable administrative costs may
include reasonable costs associated with Subrecipient's administrative personnel, travel,
audit fees, office space, equipment, and supplies which are necessary for the
administration of WAP. Administrative costs are earned based upon the allowable
percentage of total allowable expenditures, excluding the allowance for Department /LI HEAP
Training Travel or special equipment purchases. Subrecipient may use any or all of the
funds allowed for administrative purposes under this Contract for the purchase and delivery
of weatherization materials. These changes will require a Contract action; therefore,
Subrecipient must provide written notification to the Department at least forty-five (45)
calendar days prior to the end of the Contract Term before these funds can be moved.
H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to
weatherize dwelling units under the direction of qualified supervisors.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth below
and at Section 440.24 of the WAP Regulations and shall maintain fiscal and programmatic
records and supporting documentation for all expenditures of funds made under this
Contract in accordance with the TXGMS, Subrecipient agrees to comply with any changes
to the TXGMS' record keeping requirements. For purposes of compliance monitoring, all
associated documentation must be readily available, whether stored electronically or hard
copy to demonstrate compliance with Subrecipient Performance as outlined in Section 3.
B. CLIENT FILES. Except as otherwise described in TAC regarding shelters, for each
dwelling unit weatherized with funds received from LIHEAP WAP under this Contract,
Subrecipient shall maintain complete client files at all times, as described herein. Costs
associated with incomplete files found at the time of program monitoring may be
disallowed. Each file shall contain the following information, including the applicable
Department forms found in the Community Affairs Division section of the Department's
website and any required video or photographic records as directed by the Department:
(1) Signed and completed "Application for Weatherization Services" form indicating the
ages of the residents, presence in the Household of children age five (5) or younger,
Elderly Persons, and a Person with a Disability. Date of said application and
associated documents must be within twelve (12) months of the start date indicated
on the "Building Weatherization Report" ("BWR");
(2) Twelve (12) month consumer billing history for utilities;
(3) Consumption disclosure release form (for access to consumption data for use in
surveys and studies);
(4) Priority Rating system as defined by TAC (local design allowed);
(5) Eligibility documentation in accordance with the following:
a. Subrecipient must use the definition of "income" in 10 TAC §6.4;
b. Subrecipient must provide documentation/verification of client income for the thirty
(30) days preceding their application for all Household members eighteen (18) years
and older, or provide a "Declaration of Income Statement" ("DIS") form (if
applicable). In order to use the DIS form, each Subrecipient shall develop and
implement a written policy and procedure on the user of the form, including policies
requiring a client statement of efforts to obtain documentation of income with a client
signature. Proof of income documentation requirements are the same for both
single and multifamily housing. All proof of income must reflect earnings from within
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c. No dwelling unit shall be weatherized without documentation that the dwelling unit is
an eligible dwelling unit as defined in Section 440.22 of the WAP Regulations, except
that pursuant to 10 TAC §6.2(b)(28) the dwelling unit shall be eligible for
weatherization assistance if it is occupied by a family unit whose income is at or
below one hundred fifty percent (150%) of the "Poverty Income Guidelines" at 42
U.S.C. §9902(2); and
d. If a dwelling unit is layered with DOE funding, Subrecipient may instead of items a.
-c. document income as identified in Weatherization Program Notices, 22-5 and
22-13, and Weatherization Memorandum 099, if applicable.
(6) BWR form, including certification of final inspection and justification for omission of
priorities if applicable;
(7) Invoices of materials purchased or inventory removal sheets;
(8) Invoices of labor;
(9) If a rental unit, "Landlord Agreement" form, "Landlord Financial Participation" form and
"Landlord Permission to Perform Assessment & Inspections for Rental Units" form
and all other landlord forms found in the Community Affairs Division section of the
Department's website;
(10) "Notice of Denial and Appeal Riqhts," if applicable;
(11) Signed and dated "Whole House Assessment" documentation, as defined by TAC, to
include all required energy audit inputs, if applicable;
(12) ACCA approved Manual J and Manual S, if applicable;
(13) Documentation of pre/post weatherization carbon monoxide readings for all
combustible appliances;
(14) "Blower Door and Duct Blaster Data Sheet" form;
(15) Client Education Verification;
(16) Completed, siqned and dated "Priority List" form (if applicable);
(17) A complete copy of the approved State of Texas Energy Audit (if applicable);
(18) Signed client receipt of the "Unified Weatherization Elements Notification Form" that
includes lead hazard information, identification of mold like substance, and state
historical preservation information;
(19) Work Order;
(20) Pre/Post CAZ Testing (if applicable);
(21) Pre/Post-ASHRAE Printout (RED Calc);
(22) Signed client receipt of "Mold -Like Substance Notification and Release Form for Texas
Weatherization Proqrams" (if applicable);
(23) Final Inspection documentation that allowable measures are completed as per work
order;
(24) Compliance with Buy American Requirements (if units are layered with 2023 DOE).
C. MASTER FILES. For each multifamily project weatherized with funds received from
LIHEAP under this Contract, Subrecipient shall maintain a master file containing the
following information:
(1) "Multifamily Project Building Data Checklist";
(2) "Multifamily Project Completion Checklist";
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units";
(4) "Landlord Agreement" form;
(5) "Landlord Financial Participation Form"; and
(6) Significant data required in all multifamily projects.
D. STANDARDS FOR MATERIALS. Materials standards documentation for weatherization
material purchased under this Contract must be maintained. These standards must meet
the requirements according to Appendix A to Part 440 of the WAP Regulations.
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E. ACCESS TO RECORDS. Subrecipient shall give the HHS, the U.S. General Accounting
Office, the Texas Comptroller, the State Auditor's Office, the HHS Office of Inspector
General, and Department, or any of their duly authorized representatives, access to and the
right to examine and copy, on or off the premises of Subrecipient, all records pertaining to
this Contract. Such right to access shall continue as long as the records are retained by
Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant to
this Subsection E.
F. RECORD RETENTION. Subrecipient represents and warrants its compliance with the
records retention requirements of 2 CFR §200.333. Department reserves the right to direct
a Subrecipient to retain documents for a longer period of time or transfer certain records to
Department custody when it is determined the records possess longer term retention value.
Subrecipient must include the substance of this clause in all subcontracts. Subrecipients
agrees to maintain such records in an accessible location for the greater of: (i) the time
period described in TXGMS; (ii) the date that the final audit is accepted with all audit issues
resolved to the Department's satisfaction if the Department notifies the Subrecipient in
writing; (iii) if any litigation claim, negotiation, inspection, or other action has started before
the expiration of the required retention period records must be retained until completion of
the action and resolution of all issues which arise under it; (iv) or a date consistent with any
other period required by the performed activity reflected in federal or state law or regulation
Upon termination of this Contract, all records are property of the Department.
G. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled,
or maintained by Subrecipient pertaining to this Contract, except records made confidential
by law, is subject to the Texas Public Information Act (Chapter 552 of the Texas
Government Code) and must provide citizens, public agencies, and other interested parties
with reasonable access to all records pertaining to this Contract subject to and in
accordance with the Texas Public Information Act. Subrecipient understands that the
Department will comply with the Texas Public Information Act (Chapter 552 of the Texas
Government Code) as interpreted by judicial rulings and opinions of the Attorney General of
the State of Texas. Information, documentation, and other material in connection with this
Contract may be subject to public disclosure pursuant to Chapter 552 of the Texas
Government Code ("the Texas Public Information Act"). In accordance with Section
2252.907 of the Texas Government Code, Subrecipient is required to make any information
created or exchanged with the State pursuant to the Contract, and not otherwise excepted
from disclosure under the Texas Public Information Act, available in a format that is
accessible by the public at no additional charge to the State.
H. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full Whole House
Assessment required by Chapter 6 Subchapter D of the TAC, to include all required energy
audit inputs, as applicable, to address all possible allowable weatherization measures.
I. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all
subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit
timely, complete, and accurate reports in accordance with the grant and maintain
appropriate backup documentation to support the reports.
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B. FUNDING REPORT. By the fifteenth (15th) of each month, Subrecipient shall electronically
submit to Department a Performance Report listing demographic information on all units
completed in the previous month and an Expenditure Report listing all expenditures of funds
under this Contract during the previous month. These reports are due even if Subrecipient
has no new activity to report during the month. Both reports shall be submitted
electronically.
C. FINAL REPORTS. Subrecipient shall electronically submit to Department no later than
forty-five (45) calendar days after the end of the Contract Term a final expenditure and
programmatic report utilizing the Monthly Expenditure Report. The failure of Subrecipient to
provide a full accounting of all funds expended under this Contract may result in ineligibility
to receive additional funds or additional contracts. After forty-five (45) calendar days, any
expenditures not reported to the Department will result in funds being reallocated to LIHEAP
purposes.
D. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department
no later than forty five (45) calendar days after the end of the Contract Term an inventory of
all vehicles, tools, and equipment with a unit acquisition cost of Five Thousand and No/100
Dollars ($5,000.00) or more and/or a useful life of more than one (1) year, if purchased in
whole or in part with funds received under this or previous WAP Contracts. The inventory
shall reflect the tools and equipment on hand as of the last day of the Contract Term.
E. DATABASE. Subrecipient shall update the Previously Weatherized Units database no later
than fifteen (15) days after the end of each month of the Contract for units weatherized
under this Contract.
F. HOUSEHOLD DATA. By the fifteenth (15th) of each month, Subrecipient shall
electronically upload data on Households served in the previous month into the CA
Performance Measures Module located in the Community Affairs Contract System.
G. OTHER REPORTS. Subrecipient shall submit other reports, data, and information on the
performance of this Contract as may be required by DOE pursuant to Section 440.25 of the
WAP Regulations, by the HHS, or by the Department.
H. DEFAULT. If Subrecipient fails to submit, within forty-five (45) calendar days of its due date,
any report or response required by this Contract, including responses to monitoring reports,
Department may, in its sole discretion, deobligate, withhold, or suspend any and all
payments otherwise due or requested by Subrecipient hereunder and/or initiate
proceedings to terminate this Contract in accordance with Section 7 of this Contract. If
Subrecipient receives LIHEAP WAP funds from the Department over two (2) or more
Contracts of subsequent terms, funds may be withheld or this Contract suspended or
terminated by Subrecipient's failure to submit a past due report or response (including a
report of audit) from a prior Contract Term.
UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall register in the System of Award
Management ("SAM") a Unique Entity Identifier ("UEI") number on all contracts and
agreements. The UEI number must be registered at the www.sam.gov website. These
documents must be provided to the Department prior to the processing first payment to
Subrecipient. Subrecipient shall maintain a current UEI number for the entire Contract
Term.
J. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall
provide copies of its most recent business continuity and disaster recovery plans.
Page 10 of 45
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to
the terms of this Contract required by a change in federal or state law or regulation is
automatically incorporated herein and is effective on the date designated by such law or
regulation without the requirement of a written amendment hereto. Said changes, additions,
or deletions referenced under this Subsection A of Section 11 may be further evidenced in a
written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes,
additions, or deletions to the terms of this Contract not required by a change in state or
federal law or regulation shall be in writing and executed by both Parties to this Contract.
C. FACSIMILIE SIGNATURES. If any Party returns an executed copy by facsimile machine or
electronic transmission, the signing party intends the copy of its authorized signature
printed by the receiving machine or the electronic transmission, to be its original signature.
D. REQUEST. Written requests for Contract amendment must be received by the
Department by no later than forty-five (45) days prior to the end of the Contract Term.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in
whole or in part with funds provided under this Contract in accordance with TXGMS.
SECTION 13. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless
and, to the extent allowed by law, indemnify it against any disallowed costs or other claims
which may be asserted by any third party in connection with Subrecipient's performance of this
Contract.
SECTION 14. PROCUREMENT STANDARDS
Subrecipient shall comply with 2 CFR Part 200, TXGMS, 10 TAC §1.404, and all applicable
federal, state, and local laws, regulations, and ordinances for making procurement transactions
and purchases under this Contract. If leveraging DOE funds, Subrecipient shall also comply
with 10 CFR §600.236(b-i).
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract or subgrant the primary performance of this Contract,
including but not limited to expenditure and performance reporting and drawing funds
through the Community Affairs Contract System, and only may enter into properly procured
contractual agreements for consulting and other professional services if Subrecipient has
received Department's prior written approval. Subrecipient may subcontract for the delivery
of client assistance without obtaining Department's prior approval. Any subcontract for the
delivery of client assistance will be subject to monitoring by the Department as per Section
19 of this Contract. Subrecipient shall inspect all subcontractors' work and shall be
responsible for ensuring that it is completed in a good and workmanlike manner
Subrecipient shall make no payment to subcontractor until all work is complete and has
passed a final inspection.
Page I 1 of 45
B. In no event shall any provision of this Section 15, specifically the requirement that
Subrecipient obtain Department's prior written approval of a subcontractor, be construed as
relieving Subrecipient of the responsibility for ensuring that the performances rendered
under all subcontracts are rendered so as to comply with all of the terms of this Contract,
as if such performances rendered were rendered by Subrecipient. Department's approval
under this section does not constitute adoption, ratification, or acceptance of Subrecipient's
or subcontractor's performance hereunder. Department maintains the right to monitor and
require Subrecipient's full compliance with the terms of this Contract. Department's
approval under this Section 15 does not waive any right of action which may exist or which
may subsequently accrue to Department under this Contract.
C. Every initial assessment, justification for every installed weatherization measure, and every
final inspection is the sole responsibility of the Subrecipient. Subrecipient may request in
writing that the Department permit the Subrecipient to subcontract the performance of
assessments, audits, and final inspections. The Department will review each request
separately to determine whether the request will be granted.
D. Subrecipient represents and warrants that it will maintain oversight to ensure that
subcontractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition
cost of Five Thousand and No/100 Dollars ($5,000.00) or more and a useful life of more
than one (1) year, if purchased in whole or in part with funds received under this or previous
WAP Contracts, are not assets of either the Subrecipient or the Department but are held in
trust for the WAP and as such are assets of the WAP.
B. Subrecipient shall develop and implement a property management system, which complies
with 10 TAC §1.407. Subrecipient shall not use, transfer, or dispose of any property
acquired in whole or in part with funds provided under this or a previous WAP Contract
except in accordance with its own property management system.
C. Upon termination of this Contract or non -renewal of the funds hereunder, the Department
may require transfer of the title of equipment to a third party named by the Department.
Such a transfer shall be subject to the following standards:
1. The equipment shall be appropriately identified in the award or otherwise made known
to the recipient in writing.
2. The Department will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of
property acquired hereunder and shall promptly report to Department any loss, damage, or
theft of property with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00)
or more.
E. In addition to the inventory of tools and equipment required under Section 10C, Subrecipient
shall take a physical inventory of all WAP materials and shall reconcile the results with its
property records at least once every year. Any differences between quantities determined
by the inventory and those shown in the property records shall be investigated by
Subrecipient to determine the cause of the difference.
Page 12 of 45
SECTION 17. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND REQUIREMENTS. If Subrecipient will enter in to
a contract for weatherization activities with a third -party in the amount of Twenty -Five
Thousand and No/100 Dollars ($25,000.00) or greater, Subrecipient must execute with the
contractor a payment bond in the full amount of the contract. If the Subrecipient enters into
a contract with a prime contractor in excess of One Hundred Thousand and No/100 Dollars
($100,000.00), a performance bond in the full amount of the contract is also required. These
bonds must be executed by a corporate surety authorized to do business in Texas, a list of
which may be obtained from the State Insurance Department. Such assurances of
completion will run to the Department as obligee and must be documented prior to the start
of weatherization activities. This bonding requirement applies as set forth in 10 TAC §1.405
and to the extent required by federal or state law.
B. INSURANCE REQUIREMENTS. Subrecipient is basically a self -funded
entity in
accordance with Chapter 2259 of the Texas Government Code subject to statutory
tort laws
and, as such, generally, it does not maintain a commercial general liability insurance
and/or
auto liability policy. Subrecipient is encouraged to obtain pollution occurrence
insurance.
Generally, regular liability insurance policies do not provide coverage for potential
effects of
many health and safety measures, such as lead disturbances and other
pollution
occurrence items. Subrecipient should review existing policies to determine
if lead
contamination is covered. If it is not, Subrecipient should consider securing
adequate
coverage for all construction projects. Additional liability insurance costs may be
paid from
administrative funds. The Department strongly recommends the Subrecipient require their
contractors to carry pollution occurrence insurance to avoid being liable for any
mistakes
the contractors may make. Each agency should get a legal opinion regarding
the best
course to take for implementing the pollution occurrence insurance coverage.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a
court or administrative agency against Subrecipient and arising out of the performance of this
Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all
pertinent papers received by Subrecipient with respect to such action or claim.
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the
terms of this Contract. Installation of weatherization materials shall be in accordance with
DOE Appendix A to Part 440 of the WAP Regulations, applicable DOE WPNs, current
adopted versions of NREL Standard Work Specifications ("SWS"), current State of Texas
adopted International Residential Code ("IRC") or jurisdictions authorized by State law to
adopt later editions.
Page 13 of 45
B. Department or its designee may conduct on and off -site monitoring, which may include
remote monitoring, and evaluation of Subrecipient's compliance with the terms of this
Contract. Department's monitoring may include a review of the efficiency, economy, and
efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any
deficiencies noted during such monitoring. Department may provide training and technical
assistance to Subrecipient in correcting the deficiencies noted. Department may require
corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel,
procurement, and management procedures and systems in order to comply with State or
Federal requirements. Department may conduct follow-up in -person or remote monitoring
to review the previously noted deficiencies and to assess the Subrecipient's efforts made to
correct them. Repeated deficiencies may result in disallowed costs. Department may
terminate or suspend this Contract or invoke other remedies Department determines to be
appropriate in the event monitoring reveals material deficiencies in Subrecipient's
performance, or Subrecipient fails to correct any deficiency within a reasonable period of
time, as determined by the Department. Department or its designee may conduct an
ongoing program evaluation throughout the Contract Term.
SECTION 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient represents that it possesses legal authority to apply for
the grant. A resolution, motion or similar action has been duly adopted or passed as an
official act of the Subrecipient's governing body, authorizing the filing of the Contract,
including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative, or the designee of
Subrecipient to act in connection with the Contract and to provide such additional
information as may be required. The Subrecipient assures and guarantees that it
possesses the legal authority to enter into this Contract, to receive and manage the funds
authorized by this Contract, and to perform the services Subrecipient has obligated itself to
perform hereunder. The execution, delivery, and performance of this Contract will not violate
Subrecipient's constitutive documents or any requirement to which Subrecipient is subject
and represents the legal, valid, and binding agreement of Subrecipient, enforceable in
accordance with its terms.
B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient
hereby warrants that he/she has been authorized by Subrecipient's governing board to
execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient
to all terms, provisions and performances herein.
C. TERMINATION AND LIABILITY. Department shall have the right to suspend or terminate
this Contract if there is a dispute as to the legal authority of either Subrecipient or the
person signing this Contract on behalf of Subrecipient, to enter into this Contract or to
render performances hereunder. Subrecipient is liable to Department for any money it has
received from Department for performance of the provisions of this Contract, if the
Department has terminated this Contract for reasons enumerated in this Section 20.
D. MERGER AND DEFAULT. Subrecipient understands that it is an event of default under this
Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails
to maintain good standing in the State of Texas, and such is not cured prior to causing
material harm to Subrecipient's ability to perform under the terms of this Contract.
Page 14 of 45
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient represents and warrants that it will
comply, and assure the compliance of subcontractors, with the LIHEAP Act, the WAP Act,
the WAP Regulations, the LIHEAP Regulations, any applicable Office of Management and
Budget ("OMB") Circulars, the Texas DOE WAP State Plan, LIHEAP State Plan, the State
Act, the State Rules, the certifications attached, and all applicable federal, state, local laws,
rules, regulations, and policies in effect or hereafter established, including, but not limited to
the regulations contained in 2 CFR Part 200 and 10 CFR 440; and other policies and
procedures as HHS and TDHCA may, from time -to -time, prescribe for the administration of
financial assistance. In addition, Subrecipient represents and warrants that it will comply
with all requirements imposed by TDHCA concerning special requirements of law, program
requirements, and other administrative requirements. In instances where multiple
requirements apply to Subrecipient, the more restrictive requirement applies. Subrecipient
shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any
illegal activity in the performance of or associated with the performance of this Contract. No
funds under this Contract shall be used for any illegal activity or activity that violates any
federal, state or local laws.
B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this
Contract and the "Certification Regarding Drug -Free Workplace Requirements" attached
hereto as Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41
U.S.C. §701, et seq) and HUD's implementing regulations including, without limitation, 2
CFR Parts 182 and 2429.
C. LIMITED ENGLISH PROFICIENCY (" LEP").
applications, forms, and educational materials in
language, based on the needs of the Service Area
in Executive Order 13166 of August 11, 2000. To
take reasonable steps to insure that persons wi
program. Meaningful access may entail providing
oral and written translation, where necessary..
Subrecipient must provide program
English, Spanish, and any appropriate
and in compliance with the requirements
nsure compliance, the Subrecipient must
i LEP have meaningful access to the
language assistance services, including
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS
1. General. Subrecipient shall comply with the information security and privacy
requirements under 10 TAC §1.24 to ensure the security and privacy of Protected
Information (as said term is defined under 10 TAC §1.24).
2. Information Security and Privacy Agreement ("ISPA"). Prior to beginning any work under
this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as
required by 10 TAC §1.24, on file with the Department, or (ii) will execute and submit to
the Department an ISPA in accordance with instructions found on the Department's
website at the "Information Security and Privacy Agreement" link.
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with
Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C.
§7104 et seq.). If Subrecipient or its contractor or subcontractor engages in, or uses labor
recruiters, brokers or other agents who engage in any of the prohibited activities under
Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may terminate
this Contract and Subrecipient hereby agrees and acknowledges that upon termination,
Subrecipient 's rights to any funds shall be terminated.
F. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
Page 15 of 45
General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are
prohibited from using funds under this Contract for equipment, services, or systems
that use the following covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of
any system in accordance with Section 889 of Public Law 115-232 (National Defense
Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of
such entities).
c) Telecommunications or video surveillance services provided by such entities or
using such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any contract.
G. CYBERSECURITY TRAINING PROGRAM.
1. Subrecipient represents and warrants its compliance with Section 2054.5191 of the
Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or
database.
2. If Subrecipient has access to any state computer system or database, Subrecipient
shall complete cybersecurity training and verify completion of the training program to the
Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
H. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipient represents
and warrants its compliance with 2 CFR §200.113 which requires the disclosure in writing
of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of
certain civil, criminal, or administrative proceedings to SAM.
DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS
CHARIABLE TRUSTS, AND PRIVATE FOUNDATIONS. Subrecipient represents and
warrants that it will comply with Section 2252.906 of the Texas Government Code relating to
disclosure protections for certain charitable organizations, charitable trusts, and private
foundations.
J. EXECUTIVE HEAD OF STATE AGENCY AFFIRMATION. In accordance with Section
669.003 of the Texas Government Code, relating to contracting with the executive head of a
state agency, Subrecipient certifies that it is not (1) the executive head of the Department,
(2) a person who at any time during the four years before the date of the Contract was the
executive head of the Department, or (3) a person who employs a current or former
executive head of the Department.
Page 16 of 45
K. PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents and warrants
that it will comply with the requirements of Section 6002 of the Solid Waste Disposal Act
(Chapter 361 of the Texas Health & Safety Code, formerly Tex. Rev. Civ. Stat. Ann. Art.
4477-7), as amended by the Resource Conservation and Recovery Act.
L. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subrecipient
represents and warrants that it will comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C.1251-1387).
M. LEAD BASED PAINT. Subrecipient shall comply with the Lead: Renovation, Repair, and
Painting Program Final Rule (40 CFR Part 745) and Response to Children with
Environmental Intervention Blood Lead Levels. Subrecipient must incorporate this
requirement in any contract and require its contractors to incorporate this requirement
into any contract.
N. BUY AMERICAN REQUIREMENTS FOR UNITS LAYERED WITH 2O23 DOE FUNDING.
Buy America Requirements for Infrastructure Projects Federal assisted projects which
involve infrastructure work, undertaken by applicable recipient types, require that: all
iron, steel, and manufactured products used in the infrastructure work are produced in
the Unites States; and all construction materials used in the infrastructure work are
manufactured in the United States. Whether a given project must apply this
requirement is project -specific and dependent upon several factors, such as the
recipient's entity type, whether the work involves "infrastructure," as that term is defined
in Section 70914 of the Bipartisan Infrastructure Law, and whether the infrastructure in
question is publicly owned or serves a public function. For Weatherization projects, this
requirement will typically apply to work performed on publicly -owned housing.
Weatherization work conducted on privately -owned residences is not required to
comply with this requirement.
2. Definitions: For the purposes of the Buy America requirements, the following definitions
apply:
a. Construction materials includes an article, material, or supply- other than an item of
primarily iron or steel; a manufactured product; cement and cementitious materials,;
aggregates such as stone, sand, or gravel; or aggregate binding agents or additives -
that is or consists primarily of:
i. Non-ferrous metals;
ii. Plastic and polymer -based products (including polyvinylchloride, composite
building materials, and polvmers used in fiber optic cables):
iii. Glass (including optic glass;
iv. Lumber; or
v. Drywall.
b. Infrastructure includes, at a minimum:
i. The structures, facilities, and equipment for, in the United States, roads,
highways, and bridges;
ii. Public transportation;
iii. Dams, ports, harbors, and other maritime facilities;
iv. Intercity passenger and freight railroads;
v. Freight and intermodal facilities;
vi. Airports;
vii. Water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems;
Page 17 of 45
viii. Utilities;
ix. Broadband infrastructure; and
x. Buildings and real property.
A. Infrastructure includes facilities that generate, transport, and distribute energy.
xii. The infrastructure in questions must be publicly -owned or must service a
public function; privately owned infrastructure that is sole utilized for private use
is not considered "infrastructure" for purposes of Buy America applicability.
The Department, not the Subrecipient, will have the final say as to whether a
given project includes the infrastructure, as defined herein.
c. Project:: The construction, alteration, maintenance, or repair of infrastructure in the
United States.
3. Buy America Requirements for Infrastructure Projects ("Buy America" requirements),
Funds. In accordance with Section 70914 of the BIL, none of the project funds (includes
federal share and recipient cost share) may be used for a project for infrastructure
unless:
a. All iron and steel used in the project are produced in the United States- this means
all manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
b. All manufactured projects used in the project are produced in the United States- this
means the manufactured product was manufactured in the United States; and the
cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining
the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
c. All construction materials are manufactured in the United States- this means that all
manufacturing process for the construction material occurred in the United States.
4. The Buy America requirements only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America requirements apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment that are used at or
within the finished infrastructure project, but are not an integral part of the structure or
permanently affixed to the infrastructure project. The Buy America requirements only
apply to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and removed
at or before the completion of the infrastructure project. Nor does the Buy America
requirements apply to equipment and furnishings, such as movable chairs, desks, and
portable computer equipment that are used at or within the finished infrastructure
project, but are not an integral part of the structure or permanently affixed to the
infrastructure project. These requirements must flow down to all sub -awards, all
contracts, subcontracts and purchase orders for work performed under the proposed
project. In limited circumstances, DOE may waive the application of the Buy America
requirements where DOE determines that:
a. Applying the Buy America requirements would be inconsistent with the public
interest;
Page 18 of 45
b. The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
c. The inclusion of iron, steel, manufactured products, or construction materials
produce in the United States will increase the cost of the overall project by more
than 25 percent. This excludes cement and cementitious materials, aggregates
such as stone, sand, or gravel, or aggregate binding agents or additives. If
Subrecipient seeks a waiver of the Buy America requirements, Subrecipient must
follow the wavier requirements outlined in its 2023 DOE Contract.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to
the State Auditor's Office.
B. Subrecipient shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP
and to provide for the proper and effective management of all program and fiscal activities
funded by this Contract. Subrecipient's internal control systems and all transactions and
other significant events must be clearly documented and the documentation made readily
available for review by Department.
C. Subrecipient shall give Department complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the WAP. Subrecipient shall fully
cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and
abuse. Subrecipient shall immediately notify the Department of any identified instances of
waste, fraud, or abuse.
D. Subrecipient may not discriminate against any employee or other person who reports a
violation of the terms of this Contract or of any law or regulation to Department or to any
appropriate law enforcement authority, if the report is made in good faith.
SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract,
Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of
Subrecipient does not and will not knowingly employ an undocumented worker, where
"undocumented worker" means an individual who, at the time of employment, is not lawfully
admitted for permanent residence to the United States or authorized under law to be employed
in that manner in the United States. If, after receiving a public subsidy, Subrecipient, or a
branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C.
§1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent
(5%) per annum, not later than the one hundred -twentieth (120th) day after the date the
Department notifies Subrecipient of the violation.
SECTION 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
Page 19 of 45
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which
employs or is about to employ any of the parties indicated herein, has a financial or other
interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to
subagreements. Subrecipient may set standards for situations in which the financial
interest is not substantial or the gift is an unsolicited item of nominal value. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards
by officers, employees, or agents of the Subrecipient.
D. Subrecipient shall, in addition to the requirements of this Section 24, follow the
requirements of Chapter 171 of the Local Government Code regarding conflicts of interest
of officers of municipalities, counties, and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written
standards is a condition of default under this Contract and may result in termination of this
Contract or deobligation of funds.
F. Subrecipient represents and warrants that performance under the Contract will not
constitute an actual or potential conflict of interest or reasonably create an appearance of
impropriety. Further, Subrecipient represents and warrants that in the administration of the
grant, it will comply with all conflict of interest prohibitions and disclosure requirements
required by applicable law, rules, and policies, including Chapter 176 of the Texas Local
Government Code. If circumstances change during the course of the Contract,
Subrecipient shall promptly notify Department.
SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of
any election, or the passage or defeat of any legislative measure. This prohibition shall not
be construed to prevent any state official or employee from furnishing to any member of its
governing body upon request, or to any other local or state official or employee or to any
citizen information in the hands of the employee or official not considered under law to be
confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees
or in any other way fund or support candidates for the legislative, executive, or judicial
branches of government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
governed by the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352) as the Development
Owner and each of its tiers have certified by their execution of the "Certification Regarding
Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached hereto as
Addendum A and incorporated herein for all relevant purposes. Further, none of the funds
obligated on the award shall be expended, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before Congress other than as
described in 18 U.S.0 1913. This restriction is in addition to those prescribed elsewhere in
statute and regulation.
Page 20 of 45
SECTION 26. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105.004 of the Texas
Government Code, Subrecipient represents and warrants that it will not use block grant
funds in a manner that discriminates on the basis of race, color, nation origin, sex or
religion.
B. EQUAL O PORTUNITY. Subrecipient agrees to carry out an Equal Employment
Opportunity Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965, as amended, and its implementing regulations at 41
CFR Part 60.
C. REASONABLE ACCO ATIONS. Subrecipient shall operate each program or activity
receiving financial assistance so that the program or activity, when viewed in its entirety, is
readily accessible and usable by individuals with disabilities. Subrecipient is also required to
provide reasonable accommodations for a Person with a Disability.
D. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the
Rehabilitation Act of 1973 (5 U.S.C. §794) (ii) Fair Housing Act (42 U.S.C. §3601 et seq.),
and (iii) Titles II and III of the Americans with Disabilities Act (42 U.S.C. §12131-12189; 47
U.S.C. §155, 201, 218 and 255), as implemented by U. S. Department of Justice at 28 CFR
Parts 35 and 36.
E. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975
(42 U.S.C. § 6101-6107).
F. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all
subcontracts.
SECTION 27. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. Training and technical assistance funds shall be used for State sponsored LIHEAP training,
federal sponsored LIHEAP training, and other relevant workshops and conferences
provided the agenda includes topics directly related to administering WAP. For training and
technical assistance other than State or LIHEAP sponsored, Subrecipient must receive
prior written approval from the Department.
B. Travel funds are to be used only for Department -approved training events. Subrecipient
shall adhere to either its board -approved travel policy (not to exceed the amounts
established in subchapter I of Chapter 57 of Title 5, United States Code Travel and
Subsistence Expenses; Mileage Allowances'), or in the absence of such a policy, the State
of Texas travel policies under 10 TAC §1.408. Subrecipient's written travel policy shall
delineate the rates which Subrecipient shall use in computing the travel and per diem
expenses of its board members and employees.
Page 21 of 45
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that none
of its principal employees, board members, agents, or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any
federal department or agency as provided on the State of Texas Debarred Vendor List
maintained by the Texas Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services Administration and in the
Certification Regarding Debarment, Suspension and Other Responsibility Matters attached
hereto as Addendum D and incorporated herein for all relevant purposes. The terms
"covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction",
"participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily
excluded", as used in the certification attached as Addendum D, have the meaning set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.
Subrecipient also certifies that it will not knowingly award any funds provided by this
Contract to any person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4
or that is debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549. Subrecipient agrees that prior
to entering into any agreement with a potential subcontractor that the verification process to
comply with this requirement will be accomplished by checking the System for Award
Management ("SAM") at www.sam.gov and including a copy of the results in its project files.
After said verification, Subrecipient may decide the frequency by which it determines the
eligibility of its subcontractors during the term of the subcontractor's agreement except that
Subrecipient must verify at the start of a new contract or with the award of additional
funding. Subrecipient may subsequently rely upon a certification of a subcontractor that is
not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient knows
that the certification is erroneous. Failure of Subrecipient to furnish the certification attached
hereto as Addendum D or an explanation of why it cannot provide said certification shall
disqualify Subrecipient from participation under this Contract. The certification or
explanation will be considered in connection with the Department's determination whether
to continue with this Contract. Subrecipient shall provide immediate written notice to
Department if at any time Subrecipient learns that the certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. Subrecipient
further agrees by executing this Contract that it will include the certification provision titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusive -Subcontracts," as set out in Addendum D, without modification, and this
language under this Section 28, in all its subcontracts.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not
listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or
Support Terrorism," published by the United States Department of the Treasury, Office of
Foreign Assets Control.
SECTION 29. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall
not preclude the existence of any other right or remedy, nor shall any action taken in the
exercise of any right or remedy be deemed a waiver of any other right or remedy. The
failure of Department to exercise any right or remedy on any occasion shall not constitute a
waiver of Department's right to exercise that or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in
any way intended to constitute a waiver by the Department or the State of Texas of any
immunities from suit or from liability that the Department or the State of Texas may have by
operation of law.
Page 22 of 45
SECTION 30. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this
Contract have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and
constitute promised performances under this Contract:
(1) Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
(2) Addendum B - Certification Regarding Drug -Free Workplace Requirements
(3) Addendum C - Certification Regarding Environmental Tobacco Smoke
(4) Addendum D - Certification Regarding Debarment, Suspension and Other
Responsibility Matters
(5) Addendum E - PRWORA Requirements
(6) Exhibit A - Budget and Performance Statement
(7) Exhibit B - LIHEAP Priority List
SECTION 31. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is
required to comply with the requirements of Section 106 of the National Historic Preservation
Act (16 U.S.C. §470) ("NHPA"). The Department has provided guidance through the best
practice document posted on the Department's website
SECTION 32. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any
Subrecipient's employees who use alcoholic beverages while on active duty, for travel
expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages.
SECTION 33. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious
activities such as worship, religious instruction or prose lytization, and must be for the benefit of
persons regardless of religious affiliation. If Subrecipient conducts such activities, the activities
must be offered separately, in time or location, from the programs or services funded with
direct financial assistance from Department, and participation must be voluntary for
beneficiaries of the programs or services funded with such assistance. Subrecipient shall
comply with the regulations promulgated by the HHS at 45 CFR §87.2.
SECTION 34. APPEALS PROCESS
In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair
administrative hearing to individuals whose application for assistance is denied, terminated or
not acted upon in a timely manner, according to 10 TAC §6.8.
SECTION 35. OPEN MEETINGS
If the Subrecipient is a governmental entity, Subrecipient represents and warrants its
compliance with Chapter 551 of the Texas Government Code, which requires all regular,
special or called meetings of a governmental body to be open to the public, except as otherwise
provided by law.
Page 23 of 45
SECTION 36. SPECIAL CONDITIONS
A. Subrecipient shall accept applications for W P benefits at sites that are geographically
accessible to all Households in the Service Area. Subrecipient shall provide Elderly Persons
and a Person with a Disability who cannot independently travel to the application site the
means to submit applicationsA for W P benefits without leaving their residence or by
securing transportation for them to the sites that accept such applications.
B. Temporary flexibilities will be in place effective at the start of the Contract Term, until the
later of the end of the COVID-19 disaster or December 31, 2023 to:
1. Allow Subrecipient to utilize Texas Rent Relief income certification. For such
Households, no additional income documentation is needed as they are deemed
income eligible through the Texas Rent Relief Program which also uses 150% poverty
rate.
2. Allow the payment of 100% of a customer's annual usage in one lump sum; and
3. Allow a Non -Vulnerable Population Household with an inoperable heating and cooling
unit to receive up to $7,500 for service and repair regardless of the existence of Crisis
conditions.
SECTION 37. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS
The program applications must provide a space for applicants to indicate if they are a veteran
as required by Section 434.214 of the Texas Government Code. In addition, the application
must include the following statement: "Important Information for Former Military Services
Members. W men and men who served in any branch of the United States Armed Forces,
including Army, Navy, Air Force, Marines, Coast Guard, Reserves or National Guard, may be
eligible for additional benefits and services. For more information please visit the Texas
Veterans Portal at https://veterans.portal.texas.gov/.
SECTION 38. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Subrecipient represents and warrants that if this Contract involves construction of a project, it
will comply with the requirements of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708) for contracts involving employment, as applicable.
SECTION 39. FORCE MAJURE
An equitable adjustment will be made for delay or failure to perform hereunder if:
A. Any of the following events occurs:
(1) Catastrophic weather conditions or other extraordinary elements of nature or acts of
God;
(2) Acts of war (declared or undeclared);
(3) Acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; or
(4) Quarantines, disease pandemics, embargoes and other similar unusual actions of
federal, provincial, local or foreign Governmental Authorities; and
B. The non -performing party is without fault in causing or failing to prevent the occurrence of
such event, and such occurrence could not have been circumvented by reasonable
precautions and could not have been prevented or circumvented through the use of
commercially reasonable alternative sources, workaround plans or other means.
Page 24 of 45
SECTION 40. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is
available to the parties to resolve any dispute arising under the Contract. If at any time the
Subrecipient would like to engage Department in an ADR procedure, the Subrecipient may
send a proposal to Department's Dispute Resolution Coordinator. For additional information on
Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated
Rulemaking at 10 TAC §1.17.
SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants,
agreements, terms, and conditions of this Contract.
SECTION 42. SEVERABILITY
If any portion of this Contract is held to be invalid by an administrative tribunal or a court of
competent jurisdiction, the remainder of it shall remain valid and binding.
SECTION 43. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Signed signature
pages may be transmitted by facsimile or other electronic transmission, and any such
signature shall have the same legal effect as an original.
SECTION 44. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and singular words shall include the plural.
SECTION 45. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable
without the written consent and agreement of Department, which consent may be withheld in
Department's sole discretion.
SECTION 46. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.state.tx.us
Page 25 of 45
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephone: (817) 392-6122 Fax: (817) 392-6134 Email:
fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered,
mailed by overnight service, or five (5) days after mailing by certified or registered mail,
postage prepaid, return receipt requested, addressed to the appropriate Notice Address as
defined in the above Subsection A of this Section 46.
C. Subrecipient shall provide contact information and required notifications to the Department
through the Contract System in accordance with 10 TAC §1.22 and 10 TAC §6.6.
SECTION 47. VENUE AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this
Contract is fixed in any court of competent jurisdictions of Travis County, Texas.
SECTION 48. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with
funds expended under this Contract. If copyrighted materials are developed in the under this
Contract, the Department and HHS shall each have a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the
copyrighted work for government purposes.
SECTION 49. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF
TEXAS AND THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY
AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS
OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS,
ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER
THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF
THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
Page 26 of 45
EXECUTED to be effective on January 01, 2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
DEPARTMENT:
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: February 9, 2023 8:07 am
Page 27 of 45
[Executed effective as of January 1, 2023.] / [ACCEPTED AND AGREED:]
City:
By'w,..4c —
Name: Fernando Costa
Title: Assistant City Manager
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: Uu
Name: Victor Turner
Title: Director Neighborhood Services
Approved as to Form and Legality:
Zeffllw iVRIIaWt
By: Jessika Williams (Feb 14, 202310:12 CST)
Name: Jessika Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0969
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Amy ormoll (Feb 13, 2 314:24 CST)
Name: Amy Connolly
Title: Assistant Director, Neighborhood Services
o vopnn
City Secretary:f�Rt`�o°PP
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By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
FY 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly. This certification is material representation of fact
on which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, of the U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than Ten
Thousand and No/100 Dollars ($10,000.00) and not more than One Hundred Thousand
and No/100 Dollars ($100,000.00) for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
Page 28 of 45
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subject to a civil penalty of not less than Ten Thousand and No/100
Dollars ($10,000.00) and not more than One Hundred Thousand and No/100 Dollars
($100,000.00) for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
Page 29 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
FY 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
ADDENDUM B
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug -Free Workplace Act of
1988: 45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b)
provide that a Federal agency may designate a central receipt point for STATE-WIDE AND
STATE AGENCY -WIDE certifications, and for notification of criminal drug convictions. For the
Department of Health and Human Services, the central point is: Division of Grants
Management and Oversight, Office of Management and Acquisition, Department of Health and
Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant;
Page 30 of 45
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice
under paragraph (d)(2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the
specific grant] (include street address, city, county, state, zip code):
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used
(e.g., all vehicles of a mass transit authority or State highway department while in operation,
State employees in each local unemployment office, performers in concert halls or radio
studios). If Subrecipient does not identify the workplaces at the time of application, or upon
award, if there is no application, the Subrecipient must keep the identity of the workplace (s) on
file in its office and make the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the Subrecipient's drug -free workplace
requirements.
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a
false certification, or otherwise violates the requirements of the Drug -Free Workplace Act,
Department, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
Page 31 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
FY 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies to the followinq:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children
Act of 1994, requires that smoking not be permitted in any portion of any indoor routinely
owned or leased or contracted for by an entity and used routinely or regularly for provision of
health, day care, education, or library services to children under the age of eighteen (18), if
the services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to
children's services provided in private residences, facilities funded solely by Medicare or
Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure
to comply with the provisions of the law may result in the imposition of a civil monetary
penalty of up to One Thousand and No/100 Dollars ($1,000.00) per day and/or the
imposition of an administrative compliance order on the responsible entity by signing and
submitting this Contract the Subrecipient certifies that it will comply with the requirements of
the Act.
The Subrecipient further agrees that it will require the language of this certification be
included in any subcontracts which contain provisions for the children's services and that
all subgrantees shall certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
Page 32 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
FY 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
section (b) of this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during
this Contract Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most resent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of Five
Thousand and No/100 Dollars ($5,000.00) or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault
and liability and your payment of either a monetary fine or penalty of Five
Thousand and No/100 Dollars ($5,000.00) or more or reimbursement,
restitution, or damage in excess of One Hundred Thousand and No/100 Dollars
($100,000.00); or
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3)
items (i) - (iii) of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following definitions apply:
Page 33 of 45
i. An "administrative proceeding" means a non -judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings, Civilian Board of Contract
Appeals proceedings, and Armed Services Board of Contract Appeals
proceedings). This includes proceedings at the Federal and State level but only
in connection with performance of a Federal contract or grant. It does not include
audits, site visits, corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment
or conviction of a criminal offense by any court of competent jurisdiction,
whether entered upon a verdict or a plea, and includes a conviction entered upon
a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this
certification, such Subrecipient shall attach an explanation of why it cannot provide said
certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all
subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED
(1) The prospective lower tier participant/subcontractor certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of
the statements in this certification, such prospective participant shall attach an explanation
to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government,
the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
Page 34 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
Y 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
ADDENDUM E
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual
applying for LIHEAP funds is a qualified recipient for funding under the Personal Responsibility
and Work Opportunity Act of 1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105,
codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997,
Pub. L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to
public benefits based on immigration status. This includes activities that: (1) deliver in -kind
services at the community level, (2) are necessary for the protection of life or safety, and (3) do
not condition the provision of assistance on the applicant's income or resources.
To ensure that a non -qualified applicant does not receive "federal public benefits," a unit of
general purpose government that administers "federal public benefit programs" is required to
determine, and to verify, the individual's alienage status before granting eligibility (8 U.S.C.
§1642 (a) and (b)). Subrecipient must use the SAVE verification system to verify and
document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's
immigration or naturalization documentation that contains the information (e.g., alien
registration number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether
the document(s) reasonably appear(s) to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization
documentation for initial automated verification, (2) additional information obtained from the
alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and
information required for manual verification are provided;
Page 35 of 45
(d) Ensure that, prior to using the Verification Information System, all employees designated by
Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification
procedures complete SAVE required training including: reading the SAVE Program Guide,
taking the latest version of Web tutorial(s), and maintaining a working knowledge of
requirements contained therein and in this Contract as updated. Documentation of training
must be maintained by the Subrecipient for monitoring review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to
perform verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained
in the SAVE Program Guide, web -based tutorial, this Contract, and updates to these
(g) Ensure that all Users performing verification procedures have contact information for the
SAVE Program and SAVE Monitoring and Compliance.
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit
use of such information in accordance with this and all other provisions of this Contract;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014
("FISMA") (PL-113-283, as amended) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by
either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it
is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS.
Each applicant seeing access to information regarding him/her may do so by submitting a
written signed request to DHS-USCIS.
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy
guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory
use of the SAVE Program based upon the national origin, color, race, gender, religion, or
disability of the applicant;
(n) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary.
A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted
on their website;
(o) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial
and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C. §1324a.
(2) Monitoring and Compliance.
Page 36 of 45
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by
the Subrecipient, including, but not limited to original applicant consent documents required by
the Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to
believe a violation of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to
believe an information breach has occurred as a result of User or Subrecipient action or
inaction pursuant to Office of Management and Budget ("OMB") Memorandum M-07-16,
"Safeguarding Against and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by
any User, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review Subrecipient's compliance with this Addendum E and all other SAVE -related
policy, procedures, guidance and law applicable to conducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's
User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information, system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and
any and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and
usage and to assist SAVE users as necessary to ensure compliance with the terms of this
Addendum E and the SAVE Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department
or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or
any misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum E, SAVE Program procedures or other applicable law, regulation or policy; and
0) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S.
postal service address, physical address, name and telephone number Users authorized
representative for any notifications, questions or problems that may arise in connection with
Users participation in SAVE and with notification of changes in the benefit offered by the User.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information fro
purpose permitted by law, including, but not limited to, the
administrative or criminal law.
m TDHCA or Subrecipient for any
prosecution of violations of Federal
Page 37 of 45
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is
governed by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this
information under false pretenses or uses it for any purpose other than as provided for in this
Contract may be subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim
or action by third parties arising out of or related to the execution and/or performance of this
Contract, whether civil or criminal, and retain responsibility for the payment of any
corresponding liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or
the Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512) 475-2125
Email: michael.deyoung(a�tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: saveregistration(cb_dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888) 464-4218
Email: save. monitoring(c)_dhs.gov
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and
correct to the best of their knowledge and belief. The purpose of this statement is to certify that
City of Fort Worth ("Subrecipient"):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State
Statute and affiliated with a state or governmental entity (such as a housing finance
agency, public housing authority, unit of local government, council of governments,
county, etc.)
Page 38 of45
Certification must have the signature from a representative with authority to execute
document on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for
knowingly and willingly making a materially false, fictitious, or fraudulent statement or entry in
any matter under the jurisdiction of the federal government (18 U.S.C. Sec. §1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 8, 2023 2:25 pm
Page 39 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
Y 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 783,365.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$ 2,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$ 783,365.00 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 Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES
Administration
FUNDS
$ 56,625.00
Materials / Program Support / Labor
$ 581,392.00
4 Health and Safety
$ 145,348.00
SUB -TOTAL
$ 783,365.00
' Training and Technical Assistance
$ 2,000.00
TOTAL
$ 785,365.00
Page 40 of 45
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
1 Denotes that the Subrecipient must request in writing any adjustment needed to a budget
category before the Department will make any adjustments to the budget categories. The
only categories that can be reduced are the Administrative, Training and Technical
Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2)
requested budget revisions during the current Contract Term. Only those written
request(s) from the Subrecipient received at least forty-five (45) days before the
end of the Contract Term will be reviewed. The Department may decline to review
written requests received during the final forty-five (45) calendar 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.
PERFORMANCE
Work orders must be submitted to weatherization contractors no later than December 30, 2023
for any weatherization activities to be completed under this Contract. All weatherization
activities including final inspection must be completed no later than December 31, 2023.
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
not to exceed forty-five (45) days from the end of the Contract Term defined in Section 2 of this
Contract.
These costs shall be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the funds under
this Contract during the Contract Term. WAP costs per unit (materials, labor, and program
support), excluding health and safety expenses, shall not exceed Twelve Thousand and No/100
Dollars ($12,000.00) 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 41 of 45
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81230003873
Y 2023 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA# 93.568)
EXHIBIT B
LIHEAP PRIORITY LIST
For Single -Family, Mobile Homes, and Small Multi -Family Buildings
City of Fort Worth
a political subdivision of the State of Texas
An energy conservation measure ("ECM") may include contributory items necessary for the
proper installation of that ECM. The installed cost of all contributory items, associated with the
proper installation, cannot exceed the cost of the individual ECM cost. Both the contributory and
ECM costs are to be wrapped for the total ECM cost.
Contributory Item: Items required by current WAP Regulations, current adopted versions of
NREL Standard Work Specifications ("SWS"), or State of Texas adopted International
Residential Code ("IRC") to achieve a final product in a typical installation. Contributory items
must be necessary to complete the proper installation and ensure proper performance of the
ECM.
Incidental Repair is defined as: repairs necessary on items for the effective preservation of
weatherized materials.
Instructions for Priority List:
1. Perform the Major Measures in order as they appear on the list below. Documentation
(including client denial of major measures) must be provided if a Major Measure is not
addressed, or end result is not achieved.
- If the unit does not meet required criteria, then Major Measures have not been
completed adequately and additional work must be considered and/or completed.
- Subrecipient CANNOT perform any Secondary measures until ALL criteria for
Major Measures have been adequately addressed and/or installed.
- If Subrecipient does NOT meet or exceed the required criteria for major measures
consistently across program years, future LIHEAP Weatherization contracts for
Subrecipient could be restricted on the installation of secondary measures.
2. Once Major Measures have been adequately addressed, any of the Secondary Measures
may be addressed in any order according to the professional judgment of the Subrecipient
staff.
- Decisions should be based on what is best for each individual client and unit and what
has the best potential energy savings impact for that household, while maximizing
allowable program expenditures.
Major Measures
1. Health & Safety
a. Households that have a pregnant woman - Window screens/Solar screens to help
prevent exposure to the Zika Virus.
Page 42 of 45
b. Must meet ASHRAE62.2-2016 Standard.
c. Refer to the current Health & Safety Plan
d. To include cook stoves refer to current Texas Health & Safety Plan
2. Air Infiltration
a. NO MAXIMUM COST LIMITATION.
b. All costs (labor and materials) must be detailed on the Building Weatherization
Report (BWR).
c. Complete current Blower Door Data Sheet as instructed.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED the Blower Door Target
as defined by TDHCA WAP Air Infiltration and Duct Sealing Target Policy.
3. Duct Sealing
a. NO MAXIMUM COST LIMITATION.
b. All return ducts to be sealed regardless of location.
c. All supply ducts to be sealed when in unconditioned space.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED Duct Blaster Target
(With Reference to Outside) as defined by TDHCA WAP Air Infiltration and Duct
Sealing Target Policy.
4. Attic Insulation
a. If existing insulation is assessed as R27 or below, must insulate to meet current
code.
b. Block all heat sources & attic hatches.
c. If no insulation is added but ventilation needed, install ventilation under H&S.
5. Wall Insulation
a. Check all exterior walls for existing insulation levels.
i. If adequately insulated, document and proceed to next measure.
ii. If not adequately insulated, dense pack applicable wall cavities, including above
and below all windows and doors.
6. Floor Insulation
a. If addressed, must follow current code.
b. Vapor barrier always required.
c. Follow OSHA accessibility standards.
7. Refrigerator
a. Replacement must be justified by LIHEAP WAP Refrigerator Replacement Calculator.
b. Units fifteen (15) years old or more can be replaced without metering or further
justification, as long as manufactured year is documented.
c. Replaced units must be de -manufactured properly, materials must be recycled and
refrigerant properly disposed of in accordance with EPA regulations.
Secondary Measures
Low -Cost Measures
a. Water Savers - aerators and low flow showerheads.
b. Water heater tank/pipe insulation.
c. LED lighting replacement of all existing screw -based incandescent, halogen, or CFL
used for a minimum of one hour per day.
• Smart Thermostat
a. Install only after consultation/training with client.
• Solar Screens/Window Film
a. Install in the following order:
i. West, South, East, then North side of house.
b. If the windows are covered by any permanent shading structure, then solar
screens/window film cannot be installed on that window.
Page 43 of 45
• Incidental Repairs
a. Maximum expenditure allowed is Five Hundred and No/100 Dollars ($500.00).
b. Must be related to weatherization measure.
c. Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies,
minor window and door repair, gutters, downspouts, paint, stains, and sealants.
d. Regarding mobile homes, could include mobile home skirting and overhangs to
protect mobile home doors.
e. Could also include carpentry work to protect water heaters located outside to protect
DWH from weather elements.
f. Could include roof, wall, and floor repair; excluding leveling.
g. Repair of "essential wiring"
i. Essential wiring defined as any wiring going directly to an appliance that is
being addressed by the WX program.
• HVAC/Evaporative Cooler Replacement
a. Complete replacement of furnace/AC/HVAC as energy efficiency measure is
possibility.
i. Must meet current Energy Star rating for complete system replacement (see
guidance below for component only replacement).
ii. Must document accurate Manual J and Manual S in client file;
iii. HVAC units with a SEER or downgraded SEER of 12 or less should be
replaced. Documentation of the downgraded formula should be in the client file
as part of the assessment;
iv. Central heating units with an Annual Fuel Utilization Efficiency ("AFUE") or
downgraded AFUE of sixty-five percent (65%) or less should be replaced with
Energy Star rated AFUE equipment. Documentation of the downgraded formula
should be in the client file as part of the assessment;
v. Resistance central heating units, if the cooling side meets replacement criteria,
may be replaced with a complete central heat pump system. Documentation of
degraded cooling unit SEER and age of heating unit should be in the client file
as part of the assessment;
vi. The replacement of AC only components of the HVAC system in cases where
the existing furnace does not meet the degraded AFUE will be allowed if the
following criteria is met:
1. Must meet new 2023 SEER2 and EER2 Energy Star requirements
2. The components have a valid AHRI rating.
b. Repair of central system is potentially allowable. Justification for the repair must be
documented in the client file. Repair can include, but is not limited to:
i. Clean and tune.
ii. Clean Evaporative and Condensing coils.
iii. Check/adjust gas pressure.
iv. Clean blower wheel (squirrel cage).
v. Check all controls, set heat anticipator if applicable.
c. Change and leave up to twelve (12) new air filters.
d. No replacement of window air -conditioners if a central system is replaced or
repaired to working order.
e. Replacement of window air conditioners.
i. Replacement must be justified by LIHEAP WAP AC Replacement Tool.
ii. Units eight (8) years old or more can be replaced without metering or further
justification, as long as manufactured year is documented.
iii. Maximum of three (3) window units can be replaced.
Page 44 of 45
iv. Must be Energy Star Rated and sized according to manufacturer's room sizing
specifications.
v. Mini split replacement options for units with inefficient or oversized window
units will be considered on a case by case basis with Department approval. In
order to receive Department approval, Subrecipient must provide the following:
1. Billinq history information to verify the need.
2. Window unit plate information to include age, rated efficiency, maintenance
factor/condition, and BTU size.
3. Brief synopsis of the auditors reasoning for the mini split consideration.
4. Unit drawing showing the coverage of each window unit.
5. Type of heating system in the house.
6. Cost information of the replacement system.
7. Other information deemed necessary by the Department to justify window
unit replacement with a mini split system.
• Doors and/or Windows
a. Doors/windows that are structurally unsound or unable to be repaired may be replace
b. Prior to replacement, Subrecipient must receive written Department approval. If prior
approval is not received, costs are disallowed.
Page 45 of 45
fficlal site of the ,
ACITY COUNCIL AGEND FORT�TII
Create New From This M&C
DATE: 11/29/2022 REFERENCE NO.: **M&C 22-0969 LOG NAME: 19NS TDHCA-
LIHEAP 2023
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs from the 2023 Low -Income Housing Energy Assistance Program, a
Federally Funded Program Sponsored by the United States Department of Health and
Human Services Designed to Provide Assistance for Low to Moderate Income Residents
to Lower Home Energy Costs through the City of Fort Worth Weatherization Assistance
Program, in an Amount Up to $1,200,000.00, Waiving Indirect Costs of $41,498.77,
Authorize Execution of Related Contracts and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of grant funds from the Texas Department of Housing and
Community Affairs in an amount up to $1,200,000.00 from the 2023 Low -Income Housing
Energy Assistance Program for the City of Fort Worth Weatherization Assistance Program;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Department of Housing and Community Affairs for the grant
funds;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to
$1,200,000.00, for the purpose of funding the 2023 Low -Income Housing Energy Assistance
Program; and
4. Waive indirect costs of $41,498.77.
DISCUSSION:
The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that
will be used to assist with weatherization and energy efficiency efforts in the homes of low-income
individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the City
and the Texas Department of Housing and Community Affairs (TDHCA) will be executed upon receipt
of the contract from TDHCA in January, 2023.
The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk
of the funding for the program comes from the TDHCA through the Low -Income Housing Energy
Assistance Program (LIHEAP), which also administers grant funds from the United States
Department of Energy and the United States Department of Health and Human Services. Additional
funds are supplied by the Texas Association of Community Action Agencies (TACAA), which
administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low -Income
Weatherization Program that complements the federally funded WAP and provides assistance to
Oncor's low-income customers for energy efficiency measures.
The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with
household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these
residents by weatherizing their homes and making them more energy -efficient. TDHCA's LIHEAP will
be administered within existing WAP standards and guidelines, and through various contracts with
subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair
and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any
eligible services for the City will not be paid until work is inspected and approved by Neighborhood
Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant
based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program
funding will allow for up to 200 homes to be weatherized through the 2022-2023 grant cycle.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 4.00 FTE positions in the Neighborhood Services
Department. Indirect costs totaling an estimated $41,498.77, calculated by taking wages & salaries
designated for this grant of approximately $240,016.00 multiplied by the Neighborhood Service
Departments' indirect cost rate of 17.29\% defined in the City's most recent Cost Allocation Plan,
could be charged to this grant. Awaiver of these indirect costs is requested to allow allocation of
these funds to further support the programs and services to assist low -to -moderate income citizens.
Positions funded with Low -Income Housing Energy Assistance Program grant funds are subject to
grant availability. In the event of a grant award being decreased or eliminated, Neighborhood
Services Department would review programs and services funded by the grants and determine a
level of service and staffing that aligns with the available funding. Alternative to consider may include
staff and program reductions or eliminations.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. Neighborhood Services (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City.
Prior to expenditures being incurred, Neighborhood Services Department has the responsibility to
validate the availability of funds. This is a reimbursement grant.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I Year I (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I Year I (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: James Armstrong (7380)
ATTACHMENTS
ORD.APP19NS TDHCA-LIHEAP-2023 21001.docx (Public)