HomeMy WebLinkAboutContract 60399TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 60399
CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: EE-0010018
Award Year (Year of Award from DOE to TDHCA): 2022
Unique Entity Identifier Number: ENS6MKS1ZL18
SECTION 1. PARTIES TO THE CONTRACT
This FY 2022 U.S. Department of Energy ("DOE") Bipartisan Infrastructure Law ("BIL")
Weatherization Assistance Program Contract ("Contract") is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of
Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient"), herein referred to as the "Parties."
SECTION 2. CONTRACT TERM
This Contract shall commence on July 15, 2023, and, unless earlier terminated in writing, shall
end on June 30, 2025 ("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
Department of Energy Act as amended (42 U.S.C. §8621 et seq.) ("DOE Act"); the DOE
implementing regulations codified in 10 CFR Parts 440 and 600 ("WAP Regulations") as
indicated herein; 2 CFR Part 200 any applicable Office of Management and Budget
("OMB") Circulars, Chapter 2306 of the Texas Government Code ("State Act"); the BIL Plan,
the Texas DOE State Plan including the Department's Weatherization Health and Safety
Plan, as revised from time to time, currently posted on the Department's website; Texas
Grant Management Standards (Chapter 783 of the Texas Government Code) ("TXGMS"),
and the implementing State regulations at Title 10, Part I, Chapters 1 and 2 of the Texas
Administrative Code and Title 10, Part I, Chapter 6, Subchapters A and D of the Texas
Administrative Code, as amended or supplemented from time to time (collectively, "WAP
State Rules"). The work will be completed in accordance with the current adopted versions
of Standard Work Specifications ("SWS") and the minimum requirements set in the State of
Texas adopted International Residential Code or in jurisdictions authorized by State law to
adopt later editions.
Page 1 of 56
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
C. Subrecipient shall, in accordance with this Contract throughout it's Service Area,develop
and implement a WAP on an equitable basis throughout its Service Area (as defined in
Exhibit A in accordance with the terms of this Contract; the Budget and Performance
Statement attached hereto as Exhibit A; the Documentation of Disability requirements
attached hereto as Exhibit B; Materials and Work Standards attached hereto as Exhibit C;
and the Certifications attached hereto as Addendums A, B, and C and incorporated herein
for all relevant purposes; the Personal Responsibility and Work Opportunity Act of 1996
("PRWORA"), the Requirements for the WAP attached hereto as Addendum D; the
assurances, certifications, and all other statements made by Subrecipient in its application
funding under this Contract; and with all other terms, provisions, and requirements herein
set forth. All such exhibits, addendums, and certifications are incorporated herein for all
relevant purposes. Subrecipient shall develop and implement the WAP to assist in
achieving a prescribed level of energy efficiency in the dwellings of low-income persons.
WAP services can be provided to owner occupied units as well as rental units.
D. Priority will be given, in no particular order, to (1) Households with "Elderly Persons", (2)
"Persons with a Disability", (3) Households with a child that is age five (5) or younger, (4)
Households with a High Energy Burden and/or (5) Households with "High Energy
Consumption," as defined in Section 10 TAC §6.2. Before commencing any weatherization
work, Subrecipient is required to complete energy audits.
E. Subrecipient is responsible for providing services as required by the DOE Standard Work
Specifications ("SWS"). The SWS requirements for single family homes, manufactured
and multifamily housing can be accessed online. Failure to follow the SWS may cause
payments to be withheld.
F. Subrecipient shall refund to Department any sum of money which has been paid to
Subrecipient by Department, which Department determines has resulted in an
overpayment, is ineligible, or has not been spent in accordance with the terms of this
Contract. Subrecipient shall make such refund no later than the date specified in the notice
that repayment is required, but if no date is specified, within fifteen (15) calendar days.
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 DOE 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
must reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in an
amount up to $1,464,757.00 as specified in the "Budget and Performance Statement,"
attached hereto as Exhibit A and the terms of this Contract.
Page 2 of 56
C. Department's obligations under this Contract are contingent upon the actual receipt and
availability by Department of adequate DOE BIL WAP federal funds. If sufficient funds are
not available to make payments under this Contract, Department shall notify Subrecipient in
writing within a reasonable time after such fact is determined. Department may then
terminate this Contract and will not be liable for the failure to make any payment to
Subrecipient under this Contract. Department acknowledges that it has received
obligations from those sources which, if paid, will be sufficient to pay the allowable costs
incurred by Subrecipient under this Contract.
D. Per Section 6.405 of the WAP State Rules, the Department reserves the right to deobligate
funds under this Contract. Any decision to obligate additional funds or deobligate funds
shall be made in writing by Department in its sole but reasonable discretion based upon the
status of funding under grants to Department and Subrecipient's overall compliance with
the terms of this Contract.
E. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a "dwelling unit" as defined in 10 TAC §6.2(b)(21) ("Dwelling
Unit" or "Dwelling Units") which is not an eligible "dwelling unit" as defined in Section
440.22 of the WAP Regulations;
(2) is incurred to weatherize a Dwelling Unit which is designated for acquisition or
clearance by a federal, state, or local program within twelve months from the date
weatherization of the Dwelling Unit is scheduled to be completed;
(3) is incurred to weatherize a Dwelling Unit previously weatherized with WAP funds,
except as provided for 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) is not incurred during the Contract Term;
(6) 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;
(7) is subject to reimbursement by a source other than Department;
(8) is made in violation of any provision of this Contract or any provision of federal or state
law or regulation, including, but not limited to, those enumerated in this Contract; or
(9) are services that do not meet the standard set forth in https://sws.nrel.gov/.
F. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for eligible costs incurred or performances rendered for activities specified in
the WAP Act and Section 8 of this Contract.
G. Notwithstanding any other provision of this Contract to the contrary, the total of all payments
and other obligatiosn incurred by the Department under this Contract shall not exceed the
sum of $1,464,757.00 .
H. COST MATCHING. Cost matching is not required.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP funds under this
Contract. Subrecipient's requests for advances shall be limited to the amount needed and
be timed to be in accordance with actual immediate cash requirements of the Subrecipient
in carrying out the purpose of this Contract.
B. The timing and amount of cash advances shall be as close as administratively feasible, not
to exceed a thirty (30) calendar day projection of the actual disbursements by the
Subrecipient to direct program costs and the proportionate share of any allowable indirect
costs.
Page 3 of 56
C. Subsection 4(A) of this Contract notwithstanding, the Department reserves the right to use
a modified cost reimbursement method of payment for all funds, whereby reimbursement of
costs incurred by a Subrecipient is made only after the Department has reviewed and
approved backup documentation provided by the Subrecipient to support such costs for all
funds if (1) Department determines that Subrecipient has maintained excess cash
balances; (2) Department identifies any deficiency in the cash controls or financial
management system maintained by Subrecipient; (3) Department identifies any deficiency
in the quality of weatherization work performed by Subrecipient; (4) Department determines
that a modified cost reimbursement method would benefit the program; (5) Department's
funding sources require the use of a modified cost reimbursement method; or (6)
Subrecipient fails to comply with any of the reporting requirements of Section 11 of this
Contract.
D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of
the eligible Dwelling Units of the WAP and for the payment of the allowable expenditures
identified in Section 8 of this Contract.
E. Department may offset or withhold any amounts otherwise owed to Subrecipient under this
Contract against any amount owed by Subrecipient to Department arising under this
Contract.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Uniform cost principles for
political subdivisions are set forth in 2 CFR Part 200. Except as expressly modified by law
or the terms of this Contract, Subrecipient shall also comply with the cost principles and
uniform administrative requirements set forth in the TXGMS. All references therein to "local
government" shall be construed to mean Subrecipient.
B. AUDIT REQUIREMENTS. 2 CFR Part 200, Subpart F, sets forth audit standards for
governmental organizations expending Federal funds. The expenditure threshold of federal
or state funds requiring an audit is $750,000.
C. 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.
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 immediately after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available from the
Department) within sixty (60) calendar days after the Subrecipient's fiscal year end.
F. WAP PLAN SUBMISSION. The Subrecipient must review and comply with the changes
noted in the Weatherization Memorandum 075: Weatherization Assistance Program
Reauthorization Impacts for State Plan Submission, issued on January 8, 2022. It can be
found here: https://www.energy.gov/node/4720894.
Page 4 of 56
G. 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.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Pursuant to Sections 2.202 of the WAP State Rules, 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.
B. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority
to withhold payment and immediately suspend this Contract if Department identifies
possible instances of fraud, abuse, waste, fiscal mismanagement, health and safety
concerns, or other deficiencies in Subrecipient's performance. Suspension shall be a
temporary measure pending either corrective action by Subrecipient or a decision by
Department to terminate this Contract.
C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or during suspension of this Contract.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right
of termination or suspension, Subrecipient shall not be relieved of any liability to Department
for damages by virtue of any breach of this Contract by Subrecipient. Department may
withhold any payment due to Subrecipient until such time as the exact amount of damages
due to Department is agreed upon or is otherwise determined in writing between Parties.
E. 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.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be
determined in accordance with 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.
Page 5 of 56
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this
Contract for the purchase of weatherization materials. All weatherization measures installed
must be justified according to the approved DOE priority list or an approved State of Texas
Energy Audit savings -to -investment ratio ("SIR") of one or greater unless otherwise
indicated as health and safety or incidental repair items. Weatherization measures installed
shall begin with those having the greatest SIR (on approved State of Texas Energy Audit)
and proceed in descending order to the measures with the smallest SIR or until the
maximum allowable per unit expenditures are achieved. Weatherization measures installed
that were justified by the approved DOE priority list shall be installed according to the order
of the DOE priority list. Subrecipient shall weatherize eligible Dwelling Units using only
weatherization materials which meet or exceed the standards prescribed by DOE in
Appendix A of Part 440 of the WAP Regulations, the current adopted versions of the SWS,
and State of Texas adopted International Residential Code ("IRC") or jurisdictions
authorized by State law to adopt later editions.
C. Allowable WAP expenditures under this Contract include:
(1) purchase and delivery of weatherization materials as defined in Section 440.3 of the
WAP Regulations, but not to include storm doors;
(2) weatherization materials and labor for allowable weatherization energy conservation
measures (air and duct infiltration, window and doors, insulation, HVAC and base load
reduction measures, etc.) if such will result in improved energy efficiency as
demonstrated by SIR of one or better in the approved State of Texas Energy Audit, or
justified by the approved DOE priority list, and, 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 of tools, equipment, and vehicles (purchase of vehicles must be approved in
advance by DOE);
(7) employment of on -site supervisory personnel;
(8) storage of weatherization materials, tools, and equipment;
(9) incidental repairs (as defined by applicable Priority List(s) or current DOE WPN
guidance); and
(10) allowable health and safety measures identified in the current approved Health &
Safety Plan.
D. Health and Safety funds not expended may be moved to the labor, materials, and program
support category. These changes will require a contract action; therefore, Subrecipient
must provide written notification to the Department at least forty-five (45) calendar days
prior to the end of the Contract Term before these funds can be moved.
E. Administrative costs incurred by Subrecipient in performing this Contract are to be based
on actual programmatic expenditures and shall be allowed up to the amount outlined in the
"Budget and Performance Statement" attached hereto as Exhibit A. Allowable administrative
costs may include reasonable costs associated with Subrecipient's administrative
personnel, travel office space, equipment, and supplies which are necessary for the
administration of WAP. Administrative costs are earned based upon the allowable
percentage of total allowable expenditures. 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.
Page 6 of 56
F. The cost of liability insurance charged to the weatherization program for personal injury and
for property damage, shall not exceed Ten Thousand and No/100 Dollars ($10,000.00) and
shall be an allowable WAP expenditure under the "Budget and Performance Statement"
attached hereto as Exhibit A.
G. Fiscal audit expenses charged to the weatherization program shall not exceed Five
Thousand and No/100 Dollars ($5,000.00) and shall be allowed under the "Budget and
Performance Statement" attached hereto as Exhibit A, subject to Section 15 of this
Contract, Procurement Standards.
H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to
weatherize Dwelling Units under the direction of qualified supervisors.
I. After reaching 40% of expenditure reporting of its DOE BIL funding under this Contract,
Subrecipient will not be reimbursed for Admin funding that is 20 percentage points greater
than its reported expenditure of non -administrative reimbursements.
SECTION 9. BUY AMERICA, BUILD AMERICA
USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. Contractor shall not
use any of the funds provided pursuant to this Contract for a project for the construction,
alteration, maintenance, or repair of a public building or public work unless all of the iron, steel,
and manufactured goods used in the project are produced in the United states except as
provided in Infrastructure Investment and Jobs Act (Public Law 117-58), also referred to as the
Bipartisan Infrastructure Law (BIL).
This new requirement applies to "infrastructure projects," as those terms are defined by the act:
"Projects" is defined as the "construction, alteration, maintenance, or repair of infrastructure in
the United States." "Infrastructure" includes the structures, facilities, and equipment for, in the
United States: • Roads, highways, and bridges; • Public transportation; • Dams, ports, harbors,
and other maritime facilities; • Intercity passenger and freight railroads; • Airports; • Water
systems, including drinking water and wastewater systems; • Electrical transmission facilities
and systems; • Utilities; • Broadband infrastructure; and • Buildings and real property.
A.
1. 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. In order for a building or project to be considered public, a
determination of what is a public building or public work must be made on a
case -by -case basis by the Department and then DOE Project Officer prior to any work
commencing. 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:
Page 7 of 56
i. Non-ferrous metals;
ii. Plastic and polymer -based products (including p o 1 y v i n y 1 c h 1 o r i d e,
composite building materials, and polymers 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. Damns, ports, harbors, and other maritime facilities;
iv. Intercity passenger and freight railroads;
v. Freights an intermodal facilities;
vi. Airports;
vii. Water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems;
viii. Utilities;
ix. Broadband infrastructure; and
x. Buildings and real property.
xi. Infrastructure includes facilities that generate, transport, and distribute energy.
xii. The infrastructure in question must be publicly -owned or must service a
public auction; 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.
Page 8 of 56
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:
B. Applying the Buy America requirements would be inconsistent with the public
interest;
C. 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
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,
SECTION 10. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth at
Section 440.24 of the WAP Regulations and section 1.409 of the WAP State Rules and with
such additional record keeping requirements as specified herein by Department.
B. FILE DOCUMENTATION. For each Dwelling Unit weatherized with funds received from
WAP under this Contract, Subrecipient shall maintain a file containing the following
information, including the following Department forms found in the Community Affairs
Division section of the Department's website:
(1) Signed and completed Application for Weatherization Services indicating the ages of
the residents, presence in the Household of a Child/children age five (5) or younger,
Elderly Persons (60 years or older), as defined in the WAP State Rules, and Persons
with Disabilities as defined in the WAP State Rules. Date of Application for
Weatherization Services and associated documents must be within 12 months of the
start date indicated on the Building Weatherization Report ("BWR");
(2) Twelve month consumer billing history for utilities;
(3) Consumption disclosure release form (for access to consumption data for use in
surveys and studies);
(4) Priority Rating system as defined by TAC (local design allowed);
(5) Eligibility and Eligibility documentation:
a. Subrecipient should follow 10 TAC §6.4 for income determination.
Page 9 of 56
(6)
(7)
(8)
(9)
b. Subrecipient shall document/verify Household income for the thirty (30) calendar
days preceding their application for all Household members eighteen (18) years and
older, or use a Declaration of Income Statement ("DIS") (if applicable). In order to
use the DIS form, each Subrecipient shall develop and implement a written policy
and procedure on the use of the form, including policies requiring a customer
statement of efforts to obtain documentation of income with a notarized customer
signature. Proof of income documentation requirements are the same for both
single and multifamily housing unless the building is funded by the U .S. Department
of Housing and Urban Development ("HUD") and verified by DOE in accordance
with WPN 22-5, that the building meets certain income eligibility and may meet other
WAP requirements without the need for further evaluation or verification.
Subrecipient must obtain written permission from the Department if weatherizing a
large multifamily building with twenty-five (25) or more Dwelling Units or a shelter in
accordance with 10 TAC §6.414.
c. Subrecipient must follow 10 TAC §6.406(e)(1) and (2) regarding Household Status
Verification as directed on the Department website. Household Status verification is
not required if weatherizing public facilities or multi -unit buildings.
d. 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;
BWR to include Quality Control Inspector - Final Inspection Certification Form and
Justification for Omission of Priorities (if applicable);
Invoices of materials purchased and/or inventory removal sheets;
Invoices of labor;
If a rental unit, Landlord Agreement form, Landlord Financial Participation form and
Landlord Permission to Perform Assessment & Inspections for Rental Units" form and
all other landlord forms found in the Community Affairs Division section of the
Department's website;
(10) "Notice of Denial and Appeal Rights," if applicable;
(11) Signed and dated "Whole House Building Assessment" documentation, as defined by
TAC §6.416, to include all required Energy Audit Data inputs;
(12) ACCA Approved Manual J and Manual S (if applicable);
(13) Documentation of pre and post weatherization carbon monoxide readings for all
combustible appliances;
(14) Pre/Post CAZ Testing (if applicable);
(15) "Blower Door and Duct Blaster Data Sheet" form;
(16) Completed, signed and dated "priority list" form (if applicable);
(17) A complete electronic and printed copy of the approved State of
applicable);
(18) Signed client receipt of the "Unified Weatherization Elements
includes Lead Hazard information, identification of Mold
Historical Preservation information:
(19) Signed client receipt of "Mold -Like Substance
Weatherization Programs" (if applicable);
(20) Work Order;
(21) Final Inspection documentation that
order;
(22) Pre/Post-ASHRAE Printout (RedCalc);
(23) Radon Informed Consent Form;
(24) Client Education verification signed and dated by client and staff;
(25) Compliance with Buy American Requirements.
Like
Notification and
allowable measures are
Texas Energy Audit(if
Notification Form" that
Substance, and State
Release Form
for Texas
completed as per work
C. MULTIFAMILY MASTER FILE. If WAP funds from this Contract are used
multi -family project, Subrecipient shall maintain a master file containing the
additional information:
(1) "Multifamily Proiect Building Data Checklist";
for each
following
Page 10 of 56
(2) "Multifamily Proiect Completion Checklist" (by a multifamily Quality Control Inspector);
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units";
(4) "Landlord Agreement" form;
(5) "Landlord Financial Participation Form";
(6) Davis -Bacon and related Acts, as applicable; and
(7) Significant Data Required in all Multifamily Projects.
D. MATERIAL STANDARDS. Materials standards documentation for weatherization
materials purchased under this Contract must be maintained. These standards must meet
the requirements according to Appendix A of Part 440 of the WAP Act.
E. ACCESS TO RECORDS. Subrecipient shall give the federal and state funding agencies,
the Comptroller General of the United States, and Department access to and the right to
reproduce all records pertaining to this Contract. All such records shall be maintained for at
least three years after final payment has been made and all other pending matters are
closed and in accordance with Sections 600.153 and 600.642 of the WAP Regulations.
Subrecipient shall include the requirements of this Subsection E in all subcontracts.
F. OPEN RECORDS. All WAP records maintained by Subrecipient, except records made
confidential by law, shall be available for inspection by the public during Subrecipient's
normal business hours to the extent required by the Texas Public Information Act (Chapter
552 of the Texas Government Code). 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.
G. 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.
H. 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. Subrecipient
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.
Page 11 of 56
SECTION 11. REPORTING REQUIREMENTS
A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit
timely, complete, and accurate reports in accordance with the contract and maintain
appropriate backup documentation to support the reports.
B. PERFORMANCE AND EXPENDITURE REPORT. By the 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.
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. The failure of Subrecipient to provide a full accounting of all funds
expended under this Contract may result in the termination of this Contract and ineligibility
to receive additional funds or additional contracts. If Subrecipient fails to submit a final
expenditure/performance report within forty-five (45) calendar days of the end of the
Contract Term, Department will use the last report submitted by Subrecipient as the final
report.
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 $5,000.00 or more and/or a
useful life of more than one year, if purchased in whole or in part with funds received under
this or previous weatherization assistance program contracts. The inventory shall reflect
the vehicles, tools, and equipment on hand as of the last day of the Contract Term.
E. UNIT DATA. Subrecipient shall update the Previously Weatherized Units database no
later than fifteen (15) calendar days after the end of each month of the Contract Term for
units weatherized under this Contract.
F. 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 U.S. Department of Energy Internal Auditor or by the Department,
by the Texas State Auditors Office, or by contractors or agents under the direction of such
government entities, or by auditors working with such government entities.
G. 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, withhold or suspend any or all payments otherwise
due or requested by Subrecipient hereunder, and/or initiate proceedings to terminate this
Contract.
H. 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 website www.sam.qov. These
documents must be provided to the Department prior to the processing first payment to
Subrecipient. Subrecipient shall maintain a current UEI number and CCR number for the
entire Contract Term.
I. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall
provide copies of its most recent business continuity and disaster recovery plans.
Page 12 of 56
SECTION 12. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQURED 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 Section 12 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 shall be in writing and executed by both
Parties to this Contract.
C. FACSIMILE 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 13. 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 2 CFR §200.80 and
10 CFR §600.124. Unexpended Program income must be returned to the Department at the
end of the Contract Term. Program income that is received after the end of the Contract Term
must be returned to the Department within ten (10) calendar days.
SECTION 14. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 2 CFR Part 200, 10 CFR §600.236(b-i), TXGMS, TAC, and
all applicable federal, state, and local laws, regulations, and ordinances for making
procurement transactions and purchases under this Contract.
B. Subrecipient may not use funds provided under this Contract to purchase personal
property, equipment, goods, or services with a unit acquisition cost (the net invoice unit
price of an item of equipment) of more than $5,000 unless Subrecipient has received the
prior written approval of Department for such purchase.
C. All vehicle purchases must have the prior written approval from the Department and DOE.
Page 13 of 56
SECTION 16. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, including but
not limited to evaluation of the household under 10 TAC §1.410, §6.4, and §6.406,
expenditure and performance reporting and drawing funds through the Community Affairs
Contract System, and only may enter into properly procured sub -contractual agreements
for consulting and other professional services if Subrecipient has received Department's
prior written approval. Subrecipient may subcontract for the delivery of weatherization
activities without obtaining Department's prior approval. Any subcontract for the delivery of
weatherization activities will be subject to monitoring by the Department as per Section 20
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.
B. In no event shall any provision of this Section 16, 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
hereunder does not constitute adoption, ratification, or acceptance of Subrecipient's or
subcontractor's performance hereunder. Department maintains the right to monitor and
require Subrecipients full compliance with the terms of this Contract. Department's
approval hereunder 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.
SECTION 17. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition
cost of $5,000 or more and/or a useful life of more than one year, if purchased in whole or in
part with funds received under this or previous weatherization assistance program
Contracts, are not assets of either the Subrecipient or the Department but are held in trust
for the Weatherization Assistance Program and as such are assets of the Weatherization
Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one
year and an acquisition cost of $5,000 or more per unit must receive prior approval from the
Department before the purchase is made.
B. Subrecipient shall develop and implement a property management system, which conforms
to the uniform administrative requirements referenced in Section 6 of this Contract.
Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part
with funds provided under this or a previous weatherization assistance program contract
except in accordance with its own property management system.
C. Upon termination or non -renewal of this Contract, the Department may transfer the title of
equipment to a third party named by the Department. Such a transfer shall be subject to the
following standards:
(1) The equipment shall be appropriately identified in the award or otherwise made known
to the recipient in writing.
(2) The Department will issue disposition instructions after receipt of final inventory.
Page 14 of 56
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of
property acquired hereunder and shall promptly report to Department any loss, damage, or
theft of property with an acquisition cost of $5,000 or more.
E. In addition to the inventory of vehicles, tools, and equipment required under Section 17 of
this Contract, Subrecipient shall take a physical inventory of all WAP materials and shall
reconcile the results with its property records at least once every year. Any differences
between quantities determined by the inventory and those shown in the property records
shall be investigated by Subrecipient to determine the cause of the difference.
SECTION 18. BONDING AND INSURANCE REQUIREMENTS
A. If Subrecipient will enter in to a contract for weatherization activities with a third -party in the
amount of $25,000 or greater, Subrecipient must execute with the contractor a payment
bond in the full amount of the contract. If the Subrecipient enters into a contract with a
prime contractor in excess of $100,000, a performance bond in the full amount of the
contract is also required. These bonds must be executed by a corporate surety authorized
to do business in Texas, a list of which may be obtained from the State Insurance
Department. Such assurances of completion will run to the Department as obligee and
must be documented prior to the start of WAP activities.
B. Subrecipient is a "Governmental Unit" 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.
C. Subrecipient should review existing policies to determine if lead contamination is covered. If
it is not, Subrecipient should consider securing adequate lead coverage for all construction
projects. Additional liability insurance costs may be paid from administrative funds subject
to the limitations set forth in Sections 8(F) and 8(G) of this Contract.
D. Subrecipient should consider securing adequate coverage for all units to be weatherized .
Additional liability insurance costs may be paid from administrative or program support
categories. The Department strongly recommends the Subrecipient require their
contractors to carry pollution occurrence insurance to avoid being liable for any mistakes
the contractors may make. Each Subrecipient should get a legal opinion regarding the best
course to take for implementing the pollution occurrence insurance coverage.
E. Subrecipient must also require all contracting independent subcontractors to have general
liability insurance. If pollution occurrence insurance is elected by the Subrecipient, this
insurance coverage must apply for its independent subcontractors or the independent
subcontractors must obtain the coverage.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a
court or administrative agency against Subrecipient and arising out of the performance of this
Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all
pertinent papers received by Subrecipient with respect to such action or claim.
Page 15 of 56
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the
terms of this Contract. Installation of weatherization materials shall be in accordance with
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.
B. Department or its designee may conduct on and off -site monitoring and evaluation of
Subrecipient's compliance with the terms of this Contract. Department's monitoring may
include a review of the efficiency, economy, and efficacy of Subrecipient's performance.
Department will notify Subrecipient in writing of any deficiencies noted during such
monitoring. Department may provide training and technical assistance to Subrecipient in
correcting the deficiencies noted. Department may require corrective action to remedy
deficiencies noted in Subrecipient's accounting, personnel, procurement, and management
procedures and systems in order to comply with State or Federal requirements.
Department may conduct follow-up visits to review the previously noted deficiencies and to
assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result
in disallowed costs. Department may terminate or suspend this Contract or invoke other
remedies Department determines to be appropriate in the event monitoring reveals material
deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency
within a reasonable period of time, as determined by the Department. Department or its
designee may conduct an ongoing program evaluation throughout the Contract Term.
SECTION 21. LEGAL AUTHORITY
A. 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 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 for performance of the provisions of this Contract, if the Department has
terminated this Contract for reason enumerated in this Section 21.
Page 16 of 56
D. MERGER AND DEFAULT. Subrecipient understands that it is an event of default under this
Contract upon the liquidation, termination, dissolution, merger, consolidation or failure 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.
SECTION 22. 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 WAP Act, WAP Regulations,
any applicable Office of Management and Budget ("OMB") Circulars, the Texas DOE WAP
State Plan; the WAP State Rules, the State Rules, the certifications attached and all
applicable federal, state, and local laws, rules and regulations;, regulations, and policies in
effect or hereafter established, including, but not limited to the regulations contained in 2
CFR Part 200 and 10 CFR Part 440 (see: Electronice Code of Federal Regulations at
www.ecfr.gov http://www.ecfr.qov); and other policies and procedures as DOE 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 Certification Regarding Drug -Free Workplace Requirements" attached hereto
as Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41 USC
§701, et seq.) and HUD's implementing regulations including, without limitation, 2 CFR
Parts 182 and 2429.
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must provide program
applications, forms, and educational materials in English, Spanish, and any other
appropriate language, based on the needs of the Service Area and in compliance with the
requirements in Executive Order 13166 of August 11, 2000 reprinted at 65 F.R 50121,
August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455. To ensure
compliance, the Subrecipient must take reasonable steps to insure that persons with LEP
have meaningful access to the program. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary.
D. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation
for disability, medical records or any other medical information in the course of
administering the DOE program, Subrecipient shall comply with the Protected Health
Information state and federal laws and regulations, as applicable, under 10 TAC §1.24,
Chapter 181 of the Texas Health and Safety Code, the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA") (Pub.L. 104-191, 110 Stat. 1936, enacted August 21,
1996) the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E of 45 CFR Part
164).
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 Development Owner 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 Development Owner hereby agrees and acknowledges that
upon termination, Development Owner's rights to any funds shall be terminated.
Page 17 of 56
F. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
(1) 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 anv 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 anv contract.
G. 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.
H. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents
and warrants that if the 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.
I. 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).
J. 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.
Page 18 of 56
SECTION 23. 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 weatherization program .
Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and
prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of
any identified instances of waste, fraud, or abuse.
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 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract,
Subrecipient certifies that it, or a branch, division, or department of Subrecipient does not and
will not knowingly employ an undocumented worker, where "undocumented worker" means an
individual who, at the time of employment, is not lawfully admitted for permanent residence to
the United States or authorized under law to be employed in that manner in the United States. If,
after receiving a public subsidy, Subrecipient or a branch, division, or department of
Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the
public subsidy with interest, at a rate of five percent (5%) per annum, not later than the 120th
day after the date the Department notifies Subrecipient of the violation.
SECTION 25. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain written
standards of conduct and to follow and enforce the written standards is a condition of
default under this Contract and may result in termination of the Contract or deobligation of
funds. In addition, the written standards must meet the requirements in 2 CFR §200.318.
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.
Page 19 of 56
D. If Subrecipients is a local governmental entity in addition to the requirements of this Section
24, Subrecipient shall follow the requirements of Chapter 171 of the Local Government
Code regarding conflicts of interest of officers of municipalities, counties, and certain other
local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written
standards is a condition of default under this Contract and may result in termination of the
Contract or deobligation of funds.
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.
SECTION 26. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds 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. None of the 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.
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited
by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
SECTION 27. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. 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, national origin, sex, or religion.
B. EQUAL OPPORTUNITY. 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.
Page 20 of 56
C. 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.
D. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975
(42 U.S.C. §§ 6101-6107).
E. SUBCONTRACTS. Subrecipient will include the substance of this Section 27 in all
subcontracts.
SECTION 28. 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.
SECTION 29. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. TRAINING. Training and technical assistance funds shall be used for State sponsored, DOE
sponsored, and other relevant workshops and conferences provided the agenda includes
topics directly related to administering WAP in accordance with Section 6.9 of the WAP
State Rules.
B. TRAVEL. Travel funds are to be used only for Department -approved training events.
Subrecipient shall adhere to 2 CFR Part 200 and either its board -approved travel policy, or
in the absence of such a policy, the State of Texas travel policies. 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.
SECTION 30. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or
resources from any other source, nor may they in any way serve to reduce the funds or
resources, which would have been available to or provided through Subrecipient, had this
Contract never been executed.
Page 21 of 56
SECTION 31. DEBARRED AND SUSPENDED PARTIES AND EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED PARTIES. By signing this Contract, Subrecipient
certifies that neither it nor its current principle parties are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by any federal
department or agency as 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 C 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 C, have the meaning set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.
Subrecipient also certifies that it will not make any award provided by this Contract to any
person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4 or which is
debarred, suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549. Subrecipient agrees that prior to
entering into any agreement with a potential subcontractor that the verification process to
comply with this requirement will be accomplished by checking the System for Award
Management ("SAM") at www.sam.gov and including a copy of the results in its project files .
Subrecipient may decide the frequency by which it determines the eligibility of its
subcontractors. Subrecipient may rely upon a certification of a prospective subcontractor
that is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the
certification attached hereto as Addendum C 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 C, without modification, and
this language under this Section 30, 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 32. 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; neither shall any action taken in the
exercise of any right or remedy be deemed a waiver of any other right or remedy. The
failure of Department to exercise any right or remedy on any occasion shall not constitute a
waiver of Department's right to exercise that or any other right or remedy at a later time.
Page 22 of 56
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.
SECTION 33. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this
Contract have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and
constitute promised performances under this Contract:
(1) Addendum A, Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
(2) Addendum B, Certification Regarding Drug -Free Workplace Requirements
(3) Addendum C, Certification Regarding Debarment, Suspension and Other
Responsibility Matters
(4) Addendum D, PRWORA Requirements
(5) Exhibit A, Budget and Performance Statement
(6) Exhibit B, Performance Benchmarks
(7) Exhibit C, Documentation of Disability
(8) Exhibit D, Materials and Work Standards
(9) Attachment A, Davis Bacon Act
SECTION 34. SEVERABILITY
If any section or provision portion of this Contract is held to be invalid or unenforceable by a
court of competent jurisdiction, the remainder of it shall remain valid and binding.
SECTION 35. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is
required to comply with the requirements of Section 106 of the National Historic Preservation
Act (16 U.S.C. 470) ("NHPA"). The Department has provided guidance through the best
practice document posted on the Department's website.
SECTION 36. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any
Subrecipient's employees who use alcoholic beverages while on active duty, for travel
expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages.
SECTION 37. APPEALS PROCESS
In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair
administrative hearing to individuals whose application for assistance is denied, terminated or
not acted upon in a timely manner. Subrecipient must establish a denial of service complaint
procedure in accordance with Section 6.8 of the State WAP Rules, as may be amended from
time to time.
SECTION 38. 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 proselytization, and must be for the benefit of
persons regardless of religious affiliation.
Page 23 of 56
SECTION 39. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or
failure to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary
elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of
terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines,
embargoes and other similar unusual actions of federal, provincial, local or foreign
Governmental Authorities; and
B. The non -performing party is without fault in causing or failing to prevent the occurrence of
such event, and such occurrence could not have been circumvented by reasonable
precautions and could not have been prevented or circumvented through the use of
commercially reasonable alternative sources, workaround plans or other means.
SECTION 40. 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 Alternative Dispute Resolution ("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. 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 43. 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 44. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.state.tx.us
Page 24 of 56
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) calendar days after mailing by certified or registered
mail, postage prepaid, return receipt requested, addressed to the appropriate Notice
Address as defined in the above Subsection A of this Section 43.
SECTION 45. 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 46. 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 DOE 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 47. 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 but reasonable discretion.
SECTION 48. SPECIAL CONDITIONS
A. APPLICATIONS. Subrecipient shall accept applications for WAP benefits at sites that are
geographically accessible to all households in the Service Area. Subrecipient shall provide
Elderly Persons and a Person with a Disabity who cannot independently travel to the
application site the means to submit applications for WAP benefits without leaving their
residence or by securing transportation for them to the sites that accept such applications.
B. ADDITIONAL TERMS AND CONDITIONS. Reserved for EARAC Conditions, if any.
C. Subrecipient needs written permission from Department to use funding on buildings that
trigger the Davis -Bacon Act.
(1) To Keep from triggering Davis -Bacon: Subrecipients shall not weatherize Multi Family
units (buildings with 5 or more units) until this contract is amended.
(2) Buildings with four (4) or less units (duplex, triplex, and/or four-plex) under one roof can
be weatherized under this current contract.
Page 25 of 56
SECTION 49. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS
The program applications for WAP benefits 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. Women 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 50. PROCUREMENT OF RECOVERED MATERIAL
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.
SECTION 51. CYBERSECURITY TRAINING PROGRAM
A. 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.
B. 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.
SECTION 52. 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.
SECTION 53. 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.
SECTION 54. 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 26 of 56
SECTION 55. 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.
EXECUTED to be effective on: 7/15/2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By:
Title:
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
Page 27 of 56
[Executed effective as of August 14, 2023.] / [ACCEPTED AND AGREED:]
City:
By:
Name: Fernando Costa
Title: Assistant City Manager
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Victor Turner
Title: Director Neighborhood Services
Approved as to Form and Legality:
c
By:
Name: Jessika Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0629
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:
Any on no[ (Oct 25, 2�1312:23 CDT)
Name: Amy Connolly
Title: Assistant Director, Neighborhood Services
City Secretary:
4.00voppnq
v�'^°1 �9d
0
By: % 41:rQaes pvo 40
Name: Jannette S. Goodall aaQ��nEp454gd
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for 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 sub -awards at all tiers (including subcontracts, sub -grants,
and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients shall certify and disclose accordingly.
This certification is material representation of fact on which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31 of the U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report 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 $10,000 and not more than
$100,000 for each such failure.
Page 28 of 56
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By:
Title:
Date:
Page 29 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
ADDENDUM B
Certification Regarding Drug -Free Workplace Requirements
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug -Free Workplace Act of
1988: 45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b)
provide that a Federal agency may designate a central receipt point for STATE-WIDE AND
STATE AGENCY -WIDE certifications, and for notification of criminal drug convictions. For the
Department of Health and Human Services, the central point is: Division of Grants
Management and Oversight, Office of Management and Acquisition, Department of Health and
Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee 's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(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 10 calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction .
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices .
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted -
Page 30 of 56
(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:
Title:
Date:
Page 31 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
City of Fort Worth
a political subdivision of the State of Texas
The undersianed certifies. to the best of its knowledae and belief. that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period 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 Period or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent 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 $5,000 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 $ 5,000 or more or
reimbursement. restitution. or damaae in excess of $100.000: 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 32 of 56
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]
Printed Name:
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government,
the Department may terminate this Contract for cause or default.
Page 33 of 56
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By:
Title:
Date:
Page 34 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
ADDENDUM D
PRWORA Requirements
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for WAP funds, a Subrecipient must verify that the individual applying
for WAP funds is a qualified recipient for funding under the Personal Responsibility and Work
Opportunity Act of 1996, ("PRWORA") 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 56
(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
requirements;
(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;
(j) 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.
(I) 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.
Page 36 of 56
(2) Monitorinq and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by
the Subrecipient, including, but not limited to original applicant consent documents required by
the Privacy Act, 5 U.S.C. §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 D 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 D 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 D, SAVE Program procedures or other applicable law, regulation or policy; and
(j) 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.
(k) Subrecipient represents and warrants that it will monitor the activities of the subrecipient as
necessary to ensure that the subaward is used for authorized purposes, in compliance with
applicable statutes, regulations, and the terms and conditions of the subaward, and that
subaward performance goals are achieved.
(3) Criminal Penalties..
Page 37 of 56
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any
purpose permitted by law, including, but not limited to, the prosecution of violations of Federal
administrative or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is
governed by the Privacy Act, 5 U.S.C. §552a, 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.deyounq@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: savereqistration@dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: savereqistration@dhs.gov
(6) Certification.
Page 38 of 56
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.)
Certification must have the signature from a representative with authority to execute
documents 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:
Title:
Date:
Page 39 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 1,114,757.00
$ 350,000.00
$ 1,114,757.00
$ 350,000.00
DOE WAP FUNDS CURRENTLY AVAILABLE
TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY
AVAILABLE
TOTAL ANTICIPATED DOE WAP FUNDS
TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via written amendment(s). Funds shall be obligated and
expended during the current Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES
Administration
FUNDS
$ 126,116.00
Liability / Pollution Occurrence Insurance
$ 17,040.00
Fiscal Audit
$ 5,000.00
Materials / Program Support / Labor
$ 821,611.00
Health and Safety
$ 144,990.00
SUB -TOTAL
$ 1,114,757.00
Training and Technical Assistance
$ 350,000.00
TOTAL
$ 1,464,757.00
Page 40 of 56
FOOTNOTES TO BUDGET
Denotes that the Subrecipient must request in writing any amendment needed to a budget
category before TDHCA will make any amendments. The only categories that can be
reduced are the Administration, Insurance, Fiscal Audit, Training and Technical Assistance
and/or the Health and Safety categories.
Denotes maximum dollar amount permitted for administration based on 8.61% of the total
allowable expenditures.
Denotes maximum $10,000 for liability insurance and the remaining balance for pollution
occurrence insurance.
Denotes the maximum allowed for Health and Safety expenditures.
DOE BIL WAP funding my not be leveraged with DOE Annual grant funding.
Work orders must be submitted to weatherization contractors no later than June 30, 2025 for
any weatherization activities to be completed under this Contract. All weatherization activities
including final inspection must be completed no later than June 30, 2025.
Grantees are advised that any weatherization work must be completed and inspected, and all
necessary monitoring and follow-up activities must be completed, by the performance period
end date of the contract. If costs are incurred after the performance period, these costs must
be covered by another funding source. The following exception is minimal administrative costs
that may be insurred within 45 days after the performance period end date for closeout and final
reporting.
These costs shall be reported on the final report described in Section 11 of this Contract.
Subrecipient shall provide WAP activities sufficient to expend the Contract funds during the
Contract Term. WAP costs per Dwelling Unit (materials, labor, and program support),
excluding health and safety expenses, shall not exceed $8,009 total cost per Dwelling Unit
without prior written approval from the Department. The cumulative total cost per Dwelling Unit
(materials, labor, and program support), shall not exceed the maximum allowable by end of the
Contract Term.
Subrecipient has a federally approved indirect cost rate of 0.00%
Page 41 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT B
PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
PERFORMANCE BENCHMARKS AS REFLECTED THROUGH THE MONTHLY
EXPENDITURE AND PERFORMANCE REPORT
The original amount of funds awarded under this Contract can be found in Section 4B.
1. 10% of BIL units weatherized at 25% of contract term expired;
2. 25% of BIL units weatherized at 40% of contract term expired;
3. 50% of BIL units weatherized at 60% of contract term expired;
4. 80% of BIL units weatherized at 80% of contract term expired.
FOOTNOTES TO BENCHMARKS:
After reaching 40% of expenditure reporting of its DOE BIL funding under this Contract,
Subrecipient will not be reimbursed for Administration funding that is 20 percentage
points greater than its reported expenditure of non -administrative reimbursements.
Failure to meet these benchmarks may result in deobligation of a proportional amount of
funding and repeated failure to meet benchmarks will result in termination of this
Contract.
Page 42 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT C
DOCUMENTATION OF DISABILITY
City of Fort Worth
a political subdivision of the State of Texas
1. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable only
for eligible units for which a whole house assessment has been completed and either
health and safety issues documented, or an approved Priority List, or Energy Audit showing
a Savings -to -Investment Ratio of 1 or greater for the repair, purchase and/or replacement
has been completed. No other reason for repair, purchase and/or replacements, including
medical reasons, shall be accepted. Under NO CIRCUMSTANCES should clients' medical
information be collected or kept by Subrecipient.
2. Except if required by federal law, documentation of disability must NOT include protected
health information as defined in the Texas Health and Safety Code, Subtitle I, Chapter 181.
Page 43 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT D
MATERIALS AND WORK STANDARDS
City of Fort Worth
a political subdivision of the State of Texas
1. Subrecipient shall weatherize eligible Dwelling Units using only weatherization materials
which meet or exceed the standards prescribed by DOE in Appendix A of 10 CFR Part 440.
2. All weatherization measures installed shall meet or exceed the standards prescribed by
DOE in current and applicable Weatherization Program Notices (WPN) 22-4 regarding
Quality Work Plan and Standard Work Specifications ("SWS"). SWS is required on every
unit.
3. All weatherization work must be performed in accordance to the DOE -approved Priority List
or DOE -approved energy audit procedures, 10 CFR Part 440, Appendix A, State of Texas
adopted International Residential Code (or that of jurisdictions authorized by State law to
adopt later editions).
4. Subrecipient will include the substance of this Exhibit D in all subcontracts.
Page 44 of 56
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
ATTACHMENT A
DAVIS BACON ACT
City of Fort Worth
a political subdivision of the State of Texas
Section 1. DAVIS BACON ACT REQUIREMENTS. The Davis Bacon Act only applies to public
works or work on multifamily buildings with five or more units.
A. Definitions. For purposes of this Section, Section1, Contract Work Hours and Safety
Standards Act, and Recipient Functions, the following definitions are applicable:
(1) Award means the Award by the Department of Energy (DOE) to a Recipient that
includes a requirement to comply with the labor standards Clauses and wage rate
requirement of the Davis -Bacon Act (DBA) for work performed by all laborers and
mechanics employed by Subrecipients, Contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government
pursuant to the Recovery Act
(2) "Construction, alteration or repair" means all types of work done by laborers and
mechanics employed by the Subrecipient, construction contractor or construction
subcontractor on a particular building or work at the site thereof, including without
limitation -
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items
fabricated off -site;
(b) Painting and decorating; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site
of the building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the
acquisition of property and services for construction, alteration, and repair under a
Subaward. For purposes of these Clauses, a Contract shall include subcontracts and
lower -tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized to execute awards on behalf of
DOE and who is responsible for the business management and non -program aspects
of the financial assistance process.
(5) Contractor means an entity that enters into a Contract. For purposes of these
Clauses, Contractor shall include subcontractors and lower -tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in
the form of a grant directly from the Federal Government. The term includes the State
that receives an Award from DOE and is financially accountable for the use of any
DOE funds or property, and is legally responsible for carrying out the terms and
conditions of the program and Award.
(7) "Site of the work" --
Page 45 of 56
(a) Means--
(i) The physical place or places where the construction called for in the Award,
Subaward, or Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed,
provided that such site is established specifically for the performance of the
project;
(b) Except as provided in paragraph (c) of this definition, the site of the work includes
any fabrication plants, mobile factories, batch plants, borrow pits, job
headquarters, tool yards, etc., provided-
(i) They are dedicated exclusively, or nearly so, to performance of the project; and
(ii) They are adjacent or virtually adjacent to the site of the work as defined in
paragraphs (7)(a)(i) or (7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments,
fabrication plants, or tool yards of a Contractor or subcontractor whose locations
and continuance in operation are determined wholly without regard to a particular
contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of
bids and not on the project site as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of
this definition, are not included in the "site of the work." Such permanent,
previously established facilities are not a part of the "site of the work" even if the
operations for a period of time may b dedicated exclusively or nearly so, to the
performance of an Award, Subaward, or Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in
lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a
Subrecipient to a lower -tier subrecipient. The term includes financial assistance when
provided by any legal agreement, even if the agreement is called a contract, but does
not include the Recipient's procurement of goods and services to carry out the
program nor does it include any form of assistance which is excluded from the
definition of "Award" above.
(9) Subrecipient means a non -Federal entity that expends Federal awards received from a
pass -through entity [Recipient] to carry out a Federal program, but does not include an
individual that is a beneficiary of such a program. The term includes a Community
Action Agency (CAA), local agency, or other entity to which a Subaward under the
Award is made by a Recipient that includes a requirement to comply with the labor
standards clauses and wage rate requirements of the DBA work performed by all
laborers and mechanics employed by contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government
pursuant of the Recovery Act
Page 46 of 56
B. DAVIS BACON ACT
(1)
(2)
(a) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at the time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is
attached to the Subaward or Contract ad made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the Recipient, a
Subrecipient, or Contractor and such laborers and mechanics.
(i) Applicable to recipient Only: Prior to the issuance of the Subaward or
Contract, the Recipient shall notify the Contracting Officer of the site of the
work in order for the appropriate wage determination to be obtained by the
Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage
determination, the Recipient shall notify the Contracting Officer immediately
of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer
from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the DBA on behalf of laborers or mechanics are
considered wages paid to such laborers and mechanics, subject to the provisions
of paragraph B(4) below; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds,
or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such period.
(c) Such laborers and mechanics shall be paid not less than the appropriate wage
rate and fringe benefits in the wage determination for the classification of work
actually performed, without regard to skill, except as provided in the paragraph
entitled Apprentices and Trainees. Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein; provided that the employer's
payroll records accurately set forth the time spent in each classification in which
work is performed.
(d) The wage determination (including any additional classifications and wage rates
conformed under paragraph B(2) of this Clause) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the Subrecipient and Contractor at the
site of the work in a prominent and accessible place where it can be easily seen
by the workers.
(a) The Contracting Officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under
the Subaward or Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification
and wage rate ad fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed
by a classification in the wage determination.
Page 47 of 56
(ii) The classification is utilized in the area by the construction industry
(iii) The proposed wage rate, including any bona fide fringe benefits, bear a
reasonable relationship to the wage rates contained in the wage
determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and
mechanics to be employed in the classification (if known), or their representatives
agree on the classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the Subrecipient shall notify the Recipient.
The Recipient shall notify the Contracting Officer of this agreement. If the
Contracting Officer agrees with the classification and wage rate (including the
amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within the
30-day period that additional time is necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers
or mechanics to be employed in the classification, or their representatives, do not
agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement.
The Contracting Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting Officer, to the
Administrator of the Wage and Hour Division for determination. The
Administrator, or an authorized representative, will issue a determination within 30
days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(d) The wage rate (including fringe benefits, where appropriate) determined pursuant
to subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all workers
performing work in the classification under the Award, Subaward, or Contract
from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for
a class of laborers or mechanics includes a fringe benefit which is not expressed as
an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
Page 48 of 56
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third
person, the Subrecipient or Contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program; provided, that the Secretary of Labor has
found, upon the written request of the Subrecipient or Contractor that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require
the Subrecipient or Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
C. Rates of Wages
(1) The minimum wages to be paid laborers and mechanics under the Subaward or
Contract involved in performance of work at the project site, as determined by the
Secretary of Labor to be prevailing for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the contract work in the
pertinent locality, are included as an attachment to the Award, Subaward, or Contract.
(2) If the Subaward or Contract has been issued without a wage determination, the
Recipient shall notify the Contracting Officer immediately of the site of the work under
the Subaward or Contract in order for the appropriate wage determination to be
obtained by the Contracting Officer from the Secretary of Labor.
D. Payrolls and Basic Records
(1) Payrolls and basic records relating thereto shall be maintained by the Recipient,
Subrecipient and Contractor during the course of the work and preserved for a period
of 3 years thereafter for all laborers and mechanics working at the site of the work.
Such records shall contain the name, address, and social security number of each
such worker his or her correct classification, hourly rates of wages paid( including
rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described section 1(b)(2)(B) of the Davis -Bacon Act),
daily ad weekly number of hours worked, deductions made, and actual wages paid .
Whenever the Secretary of Labor has found, under paragraph (4) of the provision
entitled David -Bacon Act, that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Subrecipient or
Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(2)
Page 49 of 56
(a) The Contractor shall submit weekly for each week in which any Contract work is
performed a copy of all payrolls to the Subrecipient. The Subrecipient shall
submit weekly for each week in which any Subaward or Contract work is
performed a copy of all payrolls to the Recipient. The Recipient shall submit
weekly for each week in which any Subaward or Contract work is performed a
copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under
paragraph D(1) of this Clause, except that the full social security numbers and
home addresses shall not be included on weekly transmittals. Instead, the
payrolls shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form desired .
Optional Form WH-347 is available for this purpose from the Wage and Hour
Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and
Contractors submit copies of payrolls and basic records as required by
paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is
responsible for ensuring all Contractors, including lower tier subcontractors
submit copies of payrolls and basic records as required by paragraph D, Payrolls
and Basic Records, of this clause. Subrecipients and Contractors shall maintain
the full social security number and current address of each covered worker, and
shall provide them upon request for transmission to the Contracting Officer, the
Recipient, or the Wage and Hour Division of the Department of Labor for
purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shall also obtain and provide the full social security
number and current address of each covered worker upon request by the
Contracting Officer or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a Recipient to require a
Subrecipient or Contractor to provide addresses and social security numbers to
the Recipient for its own records, without weekly submission to the Contracting
Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Recipient, Subrecipient or Contractor or his or her agent who pays
or supervises the payment of the persons employed under the Subaward or
Contract and shall certify -
(i) That the payroll for the payroll period contains the information required to be
maintained under paragraph D(2)(a) of this Clause, the appropriate
information is being maintained under paragraph D(1) of this Clause, and
that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Subaward or Contract during the payroll period has
been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other that permissible deductions as set forth in
the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the Subaward or Contract.
Page 50 of 56
(d) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph D(2)(c) of
this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic
Records, of this Clause may subject the Recipient, Subrecipient or Contractor to
civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of
Title 31 of the United States Code.
(3) The Recipient, Subrecipeint, or Contractor shall make the records required under
paragraph D(1) of this Clause available for inspection, copying, or transcription by the
Contracting Officer, authorized representatives of the Contracting Officer, or the
Department of Labor. The Subrecipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of
Labor to interview employees during working hours on the job. If the Recipient,
Subrecipient, or Contractor frails to submit the require records or to make them
available, the Contracting Officer may after written notice to the Recipient,
Subrecipient, or Contractor take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR §5.12.
E. Withholding of Funds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written
request of an authorized representative of the Department of Labor, withhold or cause
to be withheld from the Recipient or any other contract or Federal Award with the same
Recipient, on this or any other federally assisted Award subject to Davis -Bacon
prevailing wage requirements, which is held by the same Recipient so much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient
or a Contractor the full amount of wages required by the Award or Subaward or a
Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the Award or Subaward or a Contract, the Contracting Officer
may, after written notice to the Recipient take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Page 51 of 56
(2) The Recipient shall, upon its own action or upon written request of the DOE
Contracting Officer or an authorized representative of the Department of Labor,
withhold or cause to be withheld from any Subrecipient or Contractor so much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient
or Contractor the full amount of wages required by the Subaward or Contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part of the wages required by
the Subaward or Contract, the Recipient may, after written notice to the Subrecipient
or Contractor, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased or
the Government may cause the suspension of any further payment under any other
contract or Federal award with the same Subrecipient or Contractor, on any other
federally assisted Award subject to Davis -Bacon prevailing wage requirements, which
is held by the same Subrecipient or Contractor.
F. Apprentices and Trainees
(1) Apprentices
(a) An apprentice will be permitted to work at less than the predetermined rate for the
work they performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship and Training, Employer, and Labor
Services (OATELS) or with a State Apprenticeship Agency recognized by
the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the
program, if certified by the OATELS or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Subrecipient or
Contractor as to the entire work force under the registered program.
(c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not
less than the applicable wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
(d) Where a Subrecipient or Contractor is performing construction on a project in a
locality other than in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the
Subrecipient's or Contractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
Page 52 of 56
(e) Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS,
withdraws approval of an apprenticeship program, the Subrecipient or Contractor
will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(2) Trainees
(a) Except as provided in 29 CFR §5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by (OATELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan
approved by OATELS.
(b) Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship/training program associated with the corresponding journeyman
wage rate in the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating in a training plan approved by the OATELS shall
be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate in the wage determination for the
work actually performed.
(c) In the event OATELs withdraws approval of a training program, the Subrecipient
or Contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program
is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this Clause shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
(G) Compliance with Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3
which are hereby incorporated by reference in the Award, Subaward or Contract.
(H) Subawards and Contracts
Page 53 of 56
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any
Contracts this Clause entitled "Davis Bacon Act Requirements" and such other
clauses as the Contracting Officer may require. The Recipient shall be responsible
for ensuring compliance by any Subrecipient or Contractor with all of the
requirements contained in this Clause. The Subrecipient shall be responsible for the
compliance by Contractor with all of the requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the
Contracting Officer a completed Standard Form (SF) 1413, Statement and
Acknowledgment, for each Subaward and Contract for construction within the
United States, including the Subrecipient's and Contractor's signed and dated
acknowledgment that this Clause) has been included in the Subaward and any
Contracts. The SF 1413 is available from the Contracting Officer or at
http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$f
ile/sf1413 e.pdf. Within 14 days after issuance of a Contract or lower- tier
subcontract, the Subrecipient shall deliver to the Recipient a completed Standard
Form (SF) 1413, Statement and Acknowledgment, for each Contract and lowertier
subcontractor's signed and dated acknowledgment that this Clause has been
included in any Contract and lower- tier subcontracts. SF1413 is available from the
Contracting Officer or at http://contacts.qsa.qov/webforms.nsf/0/70B4872D16EE9
5A785256A26004F7EA8/$file/sf1413e.pdf. The Recipient shall immediately provide
to the DOE Contracting Officer the completed Standard Forms (SF) 1413.
(I) Contract Termination - - Debarment
A breach of these provisions may be grounds for termination of the Award, Subaward, or
Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR §5.12.
(J) Compliance with Davis -Bacon and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts
1, 3, and 5 are hereby incorporated by reference in the Award, Subaward or Contract.
(K) Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures
for resolving disputes concerning labor standards requirements. Such disputes shall be
resolved in accordance with those procedures and shall not be subject to any other dispute
provision that may be contained in the Award, Subaward, and Contract. Disputes within the
meaning of the Clause include disputes between the Recipient, Subrecipient (including any
Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or
their representatives.
(L) Certification of Eligibility
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient,
Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Recipient, Subrecipient, or
Contractor's firm, is a person, entity, or firm ineligible to be awarded Government
contracts or Government awards by virtue of section 3(a) of the Davis -Bacon Act or
29 CFR §5.12(a)(1).
(2) No part of this Award, Subaward or Contract shall be subcontracted to any person
or firm ineligible for award of a Government contract or Government award by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR §5.12(a)(1).
Page 54 of 56
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C.51001.
(M) Approval of Wage Rates
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics
engaged in work under an Award, Subaward or Contract must be submitted for approval in
writing by the head of the federal contracting activity or a respresentative expressly designated
for this purpose, if the straight time wages exceed the rates for corresponding classifications
contained in the applicable Davis -Bacon Act minimum wage determination included in the
Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any
laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the
Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the
Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not
released from the obligation to pay employees at the required overtime rates for any overtime
actually worked.
Section2. Contract Work Hours and Safety Standards Act
This Section 2, entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall
apply to any Subaward or Contract in an amount in excess of $100,000. As used in this
CWHSSA Clause, the terms laborers ad mechanics include watchmen and guards.
(A) Overtime requirements. No Subrecipient or Contractor contracting for any part of the
Subaward work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek such laborer
or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
Clause set forth in paragraph B herein, the Subrecipient or Contractor responsible
therefore shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor
shall be liable to the United States (in the case of work done under a Subaward or
Contract for the District of Columbia or a territory, to such District or to such territory ), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of
the provision set forth in CWSSHA paragraph A, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (A) of this section.
(C) Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the Recipient
on this or any other Federal Award or Federal contract with the same Recipient on
any other federally assisted Award or contract subject to the CWHSSA, which is
held by the same Recipient such sums as may be determined to be necessary to
satisfy any liabilities of such Recipient for unpaid wages ad liquidated damages as
provided in the clause set forth in CWHSSA, paragraph B of this Clause.
Page 55 of 56
(2) The Recipient shall, upon its own action or upon written request of the DOE
Contracting Officer or an authorized representative of the Department of Labor,
withhold or cause from any moneys payable on account of work performed by the
Subrecipient or Contractor on this or any other federally assisted subaward or
contract subject to the CWHSSA, which is held by the same Subrecipient or
Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Subrecipient or Contractor for unpaid wages and liquidated
damages as provided in clause set forth in CWHSSA, paragraph B of this Clause.
Page 56 of 56