HomeMy WebLinkAboutContract 62308TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC NO. 62308
CONTRACT NUMBER 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: DE-EE0009933
Award Year (Year of Award from DOE to TDHCA): 2024
Unique Entity Identifier Number: ENS6MKS1ZL18
SECTION 1. PARTIES TO THE CONTRACT
This FY 2024 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract
("Contract") is made by and between the Texas Department of Housing and Community Affairs, a
public and official agency of the State of Texas ("Department") and City of Fort Worth, a political
subdivision of the State of Texas ("Subrecipient").
SECTION 2. CONTRACT TERM
This Contract shall commence on July 01, 2024, and, unless earlier terminated in writing, shall end
on June 30, 2025 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance
with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as
amended (42 U.S.C. §6861 et seq.) ("WAP Act"), the Department of Energy Act as amended
(42 U.S.C. §8621 et seq.) ("DOE Act"), the DOE implementing regulations codified in 10 CFR
Parts 440 and 600 ("WAP Regulations"), any applicable Office of Management and Budget
("OMB") Circulars, Chapter 2306 of the Texas Government Code, 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 NREL Standard Work Specifications ("SWS"), the International Energy
Conservation Code, and the minimum requirements set in the State of Texas adopted
International Residential Code or in jurisdictions authorized by State law to adopt later editions.
B. Subrecipient shall, develop and implement a Weatherization Assistance Program ("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; the Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA")
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 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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C. Priority will be given, in no particular order, to (1) Households with "Elderly Persons" , (2)
"Person with a Disability" , (3) Households with Child that is age five (5) or younger, (4)
Households with "High Energy Burden" and/or (5) Households with "High Energy
Consumption," as defined in TAC. Before commencing any weatherization work, Subrecipient
is required to justify measures with complete energy audit or proper use of an applicable
DOE -approved Priority List.
D. Subrecipient is responsible for providing services as required by the DOE Standard Work
Specifications ("SWS"). The SWS requirements for single-family homes, manufactured and
multifamily housing can be accessed online. Failure to follow the SWS may cause payments
to be withheld.
E. 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.
F. This Contract is not a research and development contract per 2 CFR §200(a)(1)(viii).
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. 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 $443,127.00 as specified in the "Budget and Performance Statement," attached hereto
as Exhibit A and the terms of this Contract.
B. Department's obligations under this Contract are contingent upon the actual receipt and
availability by Department of adequate 2024 DOE WAP federal funds. If sufficient funds are not
available to make payments under this Contract, Department shall notify Subrecipient in writing
within a reasonable time after such fact is determined. Department may then terminate this
Contract and will not be liable for the failure to make any payment to Subrecipient under this
Contract. Department acknowledges that it has received obligations from those sources
which, if paid, will be sufficient to pay the allowable costs incurred by Subrecipient under this
Contract.
C. 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.
D. 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(f)(2) of the WAP Regulations, or as allowed according to
Weatherization Program Notice 23-1;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set
forth in Section 8 of this Contract;
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(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 NREL Standard Work Specifications
(SWS), International Energy Conservation Code, and minimum requirements set in the
State of Texas adopted International Residential Code or in jurisdictions authorized by State
law to adopt later editions.
E. 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.
F. Fundina Limitation. The Contract shall not be construed as creating a debt on behalf of the
Department in violation of Article III, Section 49a of the Texas Constitution. Subrecipient
understands that all obligations of the Department under the contract are subject to the
availability of grant funds.
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.
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 10 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.
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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. SUBCONTRACT MONITORING. Subrecipient represents and warrants that it will monitor the
activities of the subrecipient as necessary to ensure that the subcontract used for authorized
purposes, in compliance with applicable statutes, regulations, and the terms and conditions of
the subcontract, and that subcontract performance goals are achieved.
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 TAC, 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.
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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
manner may result in either the terminatio
receive additional funding under WAP, or
Subrecipient.
SECTION 8. ALLOWABLE EXPENDITURES
n
the funds provided under this Contract in a timely
of this Contract or Subrecipient's ineligibility to
a reduction in the original allocation of funds to
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.
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 DOE -approved 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 NREL Standard Work Specifications (SWS"), and
the current adopted version of State of Texas 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;
(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;
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(4) maintenance, operation, and insurance of vehicles
materials;
(5) maintenance of tools and equipment;
(6) purchase of tools, equipment, and vehicles (purchase
equipment with a unit cost of $5,000 or more, must
Department and DOE);
(7) employment of on -site supervisory personnel;
(8) storage of weatherization materials, tools, and equipment;
used to transport weatherization
of vehicles and special purpose
be approved in advance by the
(9) incidental repairs (as defined by applicable Priority List or current DOE WPN 19-5
guidance); and
(10) allowable health and safety measures as identified in the current Department's 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, excluding the allowance for Department/DOE Training Travel or special
equipment purchases. Subrecipient may use any or all of the funds allowed for administrative
purposes under this Contract for the purchase and delivery of weatherization materials. These
changes will require a contract action; therefore, Subrecipient must provide written notification
to the Department at least forty-five (45) calendar days prior to the end of the Contract Term
before these funds can be moved.
F. The cost of liability insurance charged to the weatherization program for personal injury and for
property damage, shall not exceed Two Thousand and No/100 Dollars ($2,000.00) 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 One Thousand
and No/100 Dollars ($1,000.00) and shall be allowed under the "Budget and Performance
Statement" attached hereto as Exhibit A, subject to Section 14 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.
SECTION 9. 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 and any video or photographic records as needed:
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(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, if available;
(3) Consumption disclosure release form (for access to consumption data for use in surveys
and studies);
(4) Priority Rating system as defined by TAC 6.406 (local design allowed);
(5) Eligibility and Eligibility documentation:
a. Subrecipient should follow 10 TAC §6.4 for income determination.
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 as modified
by WAP Memorandum 109 REVISED, or United States Department of Agriculture
(USDA) as defined within WAP Memorandum 099, 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;
(6) Client Education verification;
(7) Signed H&S Questionnaire;
(8) Signed client receipt of the "Unified Weatherization Elements Notification Form" that
includes Lead Hazard information, identification of Mold Like Substance, and State
Historical Preservation information;
(9) Signed client receipt of "Mold -Like Substance Notification and Release Form for Texas
Weatherization Programs," (if applicable);
(10) Signed TDHCA Radon Informed Consent Form;
(11) 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;
(12) "Notice of Denial and Appeal Riqhts," (if applicable);
(13) Signed and dated "Whole House Assessment" documentation, as defined by TAC, to
include all required energy audit inputs;
(14) Documentation of pre/post weatherization carbon monoxide readings for all combustible
appliances (if applicable);
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(15) Pre/Post Combustion Appliance Zone (CAZ)Testing documentation, (if applicable);
(16) Pre/Post-ASHRAE Printout (Red Calc);
(17) "Blower Door and Duct Blaster Data Sheet" form;
(18) Work Order;
(19) ACCA Approved Manual J and Manual S, (if applicable);
(20) Completed, signed and dated "Priority List" form, (if applicable);
(21) A complete copy of the approved State of Texas Energy Audit, (if applicable);
(22) BWR to include Quality Control Inspector - Final Inspection Certification Form and
Justification for Omission of Priorities (if applicable);
(23) Invoices of materials purchased and/or inventory removal sheets;
(24) Invoices of labor;
(25) Final Inspection documentation that allowable measures are completed per work order;
(26) A completed and signed Quality Control Inspector ("QCI") Final Inspection Certification
Form; and
(27) Compliance with Buy American Requirements (if applicable).
C. MULTIFAMILY MASTER FILE. If WAP funds from this Contract are used for each
multi -family project, Subrecipient shall maintain a master file containing the following additional
information:
(1) "Multifamily Project Building Data Checklist";
(2) "Multifamily Project 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"; and
(6) 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 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.
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G. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a Whole House Assessment, , to
include all required energy audit inputs, as applicable, to address all possible allowable
weatherization measures.
H. RECORD RETENTION. Subrecipient shall maintain and retain all records relating to the
perfomance of the grant including supporting fiscal documents adequate to ensure that claims
for grant funds are in accordance with applicable State of Texas requirements. All records
pertinent to this Contract shall be retained by Subrecipient for a period of three (3 years after
the Contract expiration date or until all audit, claim, and litigation matters are resolved,
whichever is later. 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.
SECTION 10. REPORTING REQUIREMENTS
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
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G. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall register in the System f Award
Management ("SAM") a Unique Entity Identifier (UEI) number on all contracts and agreements.
The UEI number must be registered at the website at https://www.sam.gov. These documents
must be provided to the Department prior to the processing first payment to Subrecipient.
Subrecipient shall maintain a current UEI number for the entire Contract Term.
H. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall provide
copies of its most recent business continuity and disaster recovery plans.
REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup
documentation to support the reports.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the
terms of this Contract required by a change in federal or state law or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement of a written amendment hereto. Said changes, additions, or deletions referenced
under this Section 11 may be further evidenced in a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions,
or deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile m chine 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 in
accordance with Section 6.3 of the WAP State Rules.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program ncome derived from ctivities 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 13. INDEPENDENT SUBRECIPIENT
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and,
to the extent allowed by law, indemnify it against any disallowed costs or other claims which may
be asserted by any third party in connection with Subrecipient's performance of this Contract.
SECTION 14. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 2 CFR Part 200, TXGMS, 10 TAC §1.404, and all applicable
federal, state, and local laws, regulations, and ordinances for making procurement transactions
and purchases under this Contract.
Page 10 of 42
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 purchases of vehicle(s) and/or special purpose equipment with a unit cost of $5,000 or more
must have the prior written approval from the Department and DOE.
SECTION 15. 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.
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 19 of this Contract. Subrecipient shall
inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a
good and workmanlike manner. Subrecipient shall make no payment to subcontractor until all
work is complete and has passed a final inspection.
B. In no event shall any provision of this Section 15, specifically the requirement that Subrecipient
obtain Department's prior written approval of a subcontractor, be construed as relieving
Subrecipient of the responsibility for ensuring that the performances rendered under all
subcontracts are rendered so as to comply with all of the terms of this Contract, as if such
performances rendered were rendered by Subrecipient. Department's approval hereunder
does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's
performance hereunder. Department maintains the right to monitor and require Subrecipient's
full compliance with the terms of this Contract. Department's approval 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.
SECTION 16. 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.
B. Subrecipient shall develop and implement a property management system, which conforms to
the uniform administrative requirements referenced in Section 6 of this contract and complies
with 10 TAC §1.407. Subrecipient shall not use, transfer, or dispose of any property acquired in
whole or in part with funds provided under this or a previous 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 11 of 42
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property
acquired hereunder and shall promptly report to Department any loss, damage, or theft of
property with an acquisition cost of $5,000 or more.
E. In addition to the inventory of vehicles, tools, and equipment required under Section 10 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 17. 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 of 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 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court
or administrative agency against Subrecipient and arising out of the performance of this Contract or
any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers
received by Subrecipient with respect to such action or claim.
Page 12 of 42
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the
terms of this Contract. Installation of weatherization materials shall be in accordance with DOE
Appendix A to Part 440 of the WAP Regulations, applicable DOE WPNs, current adopted
versions of NREL Standard Work Specifications ("SWS"), current State of Texas adopted
International Residential Code ("IRC") or jurisdictions authorized by State law to adopt later
editions.
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 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. 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. A
resolution, motion or similar action has been duly adopted or passed as an official act of the
Subrecipient's governing board, 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.
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; 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 20.
D. MERGER; 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
Page 13 of 42
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL. STATE AND LOCAL LAW. Subrecipient represents and warrants that it will
comply, and assure the compliance of all its subrecipients and contractors, with all applicable
federal and state laws, rules, and regulations, and policies in effect or hereafter established. In
addition, Subrecipient represents and warrants that it will comply with all requirements imposed
by the awarding agency 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 comply with the WAP
Act, WAP Regulations, any applicable Office of Management and Budget ("OMB") Regulations
and Circulars, the Texas DOE WAP State Plan; the WAP State Rules, and all federal, state,
and local laws and regulations applicable to the performance of this Contract. 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 CLEP").
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.
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):
Page 14 of 42
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 any 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 Securitv and Privacv Aareement ("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 Safetv 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.
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTRAL 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. BUILD AMERICA BUY AMERICA REQUIREMENTS
(1) Build America 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, or privately -owned buildings that serve a
public purpose such as a shelter. Weatherization work conducted on privately -owned
residences is not required to comply with this requirement.
Page 15 of 42
(2) Definitions: For the purposes of the Build America Buy America requirements, the following
definitions apply:
a. Construction materials includes an article, material, or supply- other than an item of
primarily iron or steel; a manufactured product; cement and cementitious materials;
aggregates such as stone, sand, or gravel; or aggregate binding agents or additives - that
is or consists primarily of:
i. Non-ferrous metals;
ii. Plastic and polymer -based products (including polyvinylchloride, composite
building materials, and 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. Dams, ports, harbors, and other maritime facilities;
iv. Intercity passenger and freight railroads;
v. Freight and intermodal facilities;
vi. Airports;
vii. Water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems;
viii. Utilities;
ix. Broadband infrastructure;
x. Buildings and real property;
A. Infrastructure includes facilities that generate, transport, and distribute energy; and
xii. The infrastructure in question must be publicly -owned or must service a public
function; privately owned infrastructure that is sole utilized for private use is not
considered "infrastructure" for purposes of Build America 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) Build America Buy America Requirements for Infrastructure Projects ("Build America 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
Page 16 of 42
c. All construction materials are manufactured in the United States - this means that all
manufacturing process for the construction material occurred in the United States.
(4) The Buy America requirements only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America requirements apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment that are used at or within the finished
infrastructure project, but are not an integral part of the structure or permanently affixed to
the infrastructure project. The Buy America requirements only apply to articles, materials,
and supplies that are consumed in, incorporated into, or affixed to an infrastructure project.
As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does the Buy America requirements apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment that are
used at or within the finished infrastructure project, but are not an integral part of the
structure or permanently affixed to the infrastructure project. These requirements must flow
down to all sub -awards, all contracts, subcontracts and purchase orders for work
performed under the proposed project. In limited circumstances, DOE may waive the
application of the Buy America requirements where DOE determines that:
a. Applying the Build America Buy America requirements would be inconsistent with the
public interest;
b. The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
c. The inclusion of iron, steel, manufactured products, or construction materials produce
in the United States will increase the cost of the overall project by more than 25 percent.
This excludes cement and cementitious materials, aggregates such as stone, sand, or
gravel, or aggregate binding agents or additives. If Subrecipient seeks a waiver of the
Build America Buy America requirements, Subrecipient must follow the wavier
requirements outlined in its 2024 DOE Contract.
(5) Waiver requests must be submitted to the Department and approved by the Department
and DOE before construction can begin. The waiver request must contain all the
information identified in https://www.energy.gov/sites/default/files/2024-02/wap-memo-104-
revised_022324.pdf.
(6) Subrecipient
must obtain authorization from the
Department to layer 2023 or 2024 LIHEAP
WAP with
DOE BIL funding,
as Subrecipient
must also obtain authorization from
the
Department
before beginning
a project that
triggers the Davis -Bacon Act. If
the
Davis -Bacon
Act is triggered,
then the Subrecipient and Department must execute
an
Amendment
to this Contract
to be compliant
with the Davis -Bacon requirement, if
that
layering occurs.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to the
State Auditor's Office
Page 17 of 42
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 23. 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 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. 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
sub -agreements. 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 18 of 42
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.
Further, Subrecipient represents and warrants that in the administration of the Contract, it will
comply with all conflict of interest prohibitions and disclosure requirements required by
applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code.
If circumstances change during the course of the Contract, Subrecipient shall promptly notify
Department.
SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds 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 shall 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.
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 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. In accordance with Section 2105 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 19 of 42
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 26 in all
subcontracts.
SECTION 27.
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 28. 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 10 TAC §6.9, in compliance
with DOE's Quality Work Plan.
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 29. 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 20 of 42
SECTION 30. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED PARTIES. Subrecipient certifies that it and its principals
are not suspended or debarred from doing business with the state or federal government as
listed 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. 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 provided 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 31. 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 21 of 42
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 32. 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, Documentation of Disability
(7) Exhibit C, Materials and Work Standards
SECTION 33. 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 34. 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 35. 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 36. 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.
Page 22 of 42
SECTION 37. 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.
SECTION 38. 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, disease
pandemic, 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 39. 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 40. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements,
terms and conditions of this Contract.
SECTION 41. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Signed signature
pages may be transmitted by facsimile or other electronic transmission, and any such signature
shall have the same legal effect as an original.
SECTION 42. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and singular words shall include the plural.
SECTION 43. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
Page 23 of 42
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
As to Subrecipient:
City of Fort Worth
100 Fort Worth Trail, Floor 9
Fort Worth, TX 76102
Attention:Jesica McEachern, Assistant City Manager
Telephone: (817) 392-5804
Email: Jesica.McEachern@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 44. 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 45. 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 46. 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 47. 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 and disabled individuals the means to submit applications for WAP benefits without
leaving their residence or by securing transportation for them to the sites that accept such
applications.
Page 24 of 42
B. ADDITIONAL TERMS AND CONDITIONS. Reserved for EARAC Conditions, if any.
C. Subrecipient may not use these funds on dwelling units also funded by the Bipartisan
Infrastructure Law.
SECTION 48. 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:Hveterans.portal.texas.gov/.
SECTION 49. 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 50. CYBERSECURITY TRAINING PROGRAM
A. Subrecipient represents and warrants its compliance with Section 2054.5191 or 2054.5192 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 51. 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 52. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZTIONS,
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 53. 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 25 of 42
SECTION 54. 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 NY 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
OM SSIONS 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 M Y NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM HE 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: 7/1/2024
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Jesica McEachern
Title: Assistant City Manager
Date: October 29, 2024 4:32 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: August 12, 2024 11:25 am
Page 26 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for 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 27 of 42
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Jesica McEachern
Title: Assistant City Manager
Date: 10.24.2024
Page 28 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM B
Certification Regarding Drug -Free Workplace Requirements
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988:
45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a
Federal agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY -WIDE certifications, and for notification of criminal drug convictions. For the Department
of Health and Human Services, the central point is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(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 29 of 42
(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
100 Fort Worth Trail, 9th Floor
Fort Worth, TX 76102
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: Jesica McEachern
Title: Assistant City Manager
Date: 10.24.2024
Page 30 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY 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 damage 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 31 of 42
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 TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government, the
Department may terminate this Contract for cause or default.
Page 32 of 42
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Jesica McEachern
Title: Assistant City Manager
Date: 10.24.2024
Page 33 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY 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. seg., 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) Svstem 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 34 of 42
(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;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014
(FISMA) (PL-113-283, as amended) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by either
agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it is
not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each
applicant seeing access to information regarding him/her may do so by submitting a written signed
request to DHS-USCIS;
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy
guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use
of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the
applicant;
(n) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A
Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted on
their website;
(o) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and to
contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
Page 35 of 42
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C.
§1324a.
(2) Monitorina 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
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal
service address, physical address, name and telephone number Users authorized representative
for any notifications, questions or problems that may arise in connection with Users participation in
SAVE and with notification of changes in the benefit offered by the User.
(3) Criminal Penalties.
Page 36 of 42
(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(i)(1), and that any person who obtains this information under
false pretenses or uses it for any purpose other than as provided for in this Contract may be
subject to criminal penalties.
(4) Third Partv Liabilitv.
(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.devouna(a)tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: savereaistration(c)dhs.aov
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: save. monitorina(@dhs.aov
(6) Certification.
Page 37 of 42
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 a NOT private nonprofit charitable organization that 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: Jesica McEachern
Title: Assistant City Manager
Date: 10.24.2024
Page 38 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
*A:11=711 r_1
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 393,127.00 DOE WAP FUNDS CURRENTLY AVAILABLE
$ 50,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY
AVAILABLE
$ 393,127.00 TOTAL ANTICIPATED DOE WAP FUNDS
$ 50,000.00 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
Liability / Pollution Occurrence Insurance
Fiscal Audit
Materials / Program Support / Labor
Health and Safety
Work Readiness
SUB -TOTAL
Training and Technical Assistance
TOTAL
FUNDS
$ 33,234.00
$ 5,129.00
$ 1,000.00
$ 265,289.00
$ 46,816.00
$ 41,659.00
$ 393,127.00
$ 50,000.00
$ 443,127.00
Page 39 of 42
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 7.50% of the total
allowable expenditures.
Denotes maximum $2,000 for liability insurance and the remaining balance for pollution
occurrence insurance.
Denotes the maximum allowed for Health and Safety expenditures per 10 TAC §6.415(a)
PERFORMANCE AND SERVICE AREAS
Subrecipient's service area consists of the following Texas counties ("Service Area"):
TARRANT
Work orders must be submitted to weatherization contractors no later than June 30, 2025 for any
WAP activities to be completed under this Contract. All WAP activities including final inspection
must be completed no later than June 30, 2025.
Subrecipient may incur eligible costs associated with the closeout of this Contract. Closeout
guidance is outlined in WPN 21-4 as revised. The closeout period cannot to exceed 45 calendar
days from the end of the Contract Term defined in Section 2 of this Contract.
These costs shall be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the Contract funds
during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding
health and safety expenses, shall not exceed $8,250.00 total cost per unit without prior written
approval from the Department. The cumulative total cost per unit (materials, labor, and program
support), shall not exceed the maximum allowable by end of the Contract Term.
Subrecipient has a federally approved indirect cost rate of 0.00% .
Page 40 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
=V1/:Il:i11i:3
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 the measure (s)
meet the current approved H&S Plan criteria, are listed within an approved Priority List, or are
cost -justified by an Energy Audit.
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 41 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 56240004261 FOR THE
FY 2024 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
EXHIBIT C
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
Weatherization Program Notice (WPN) 22-4 regarding Quality Work Pland 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 C in all subcontracts.
Page 42 of 42
[Executed effective as of.] / [ACCEPTED AND AGREED:]
City:
By: cv��
Name: Jesica McEachern
Title: Assistant City Manager
Date: 11 /13/2024
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
BY: K"
Name: Kacey Bess
Title: Director Neighborhood Services
Approved as to Form and Legality:
By.
Name: Jessika Williams
Title: Assistant City Attorney
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:
Name: Pamela Rambo -Sexton
Title: Acting Assistant Director
Neighborhood Services
u
IlIl
o � � pORt�9do
O
l.g
City Secretary: °Pa* ��e .e.
CdQIl nEaoga.d
By:
Contract Authorization: Name:
M&C: 24-0893 Title:
Jannette S. Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 10/15/2024 REFERENCE NO.: **M&C 24-0893 LOG NAME: 19NSTDHCA-
DOE2024
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs from the 2024 Department of Energy Weatherization Assistance
Program a Federally Funded Program Providing Assistance for Low to Moderate Income
Residents to Lower Home Energy Costs through the City of Fort Worth Weatherization
Assistance Program, in an Amount Up to $600,000.00, Waive Indirect Costs of
$17,366.25, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of grant funds from the Texas Department of Housing and
Community Affairs in an amount up to $600,000.00 from the 2024 Department of
Energy Weatherization Assistance Program grant for the City of Fort Worth Weatherization
Assistance Program;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Department of Housing and Community Affairs for the grant
funds;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to
$600,000.00, for the purpose of funding the 2024 Department of Energy Weatherization
Assistance Program; and
4. Waive indirect costs of $17,366.25.
DISCUSSION:
The purpose of this Mayor and Council Communication is to approve acceptance of Department of
Energy (DOE) grant funds that will be used to assist with weatherization and energy efficiency efforts
in the homes of low-income individuals in the City of Fort Worth (City) and Tarrant County. A contract
for services between the City and the Texas Department of Housing and Community Affairs (TDHCA)
will be executed upon receipt of the contract from TDHCA in July, 2024.
The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of
the funding for the program comes from the TDHCA through the Low -Income Housing Energy
Assistance Program (LIHEAP), which also administers grant funds from the United States Department
of Energy and the United States Department of Health and Human Services. Additional funds are
supplied by the Texas Association of Community Action Agencies (TACAA), which administers monies
allocated by Oncor Electric Delivery (Oncor) to provide a Low -Income Weatherization Program that
complements the federally funded WAP and provides assistance to Oncor's low-income customers
for energy efficiency measures.
The WAP will utilize DOE grant funding to serve low-income residents in Tarrant County with
household incomes at or below 200\% of Federal Poverty Income Guidelines. WAP will assist these
residents by weatherizing their homes and making them more energy -efficient. TDHCA's DOE funds
will be administered within existing WAP standards and guidelines, and through various contracts with
subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair
and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any
eligible services for the City will not be paid until work is inspected and approved by Neighborhood
Services Department staff. Administrative costs are restricted to 7.5 percent of the DOE grant based
on the total allowable expenditures for the DOE. All Weatherization Assistance Program funding will
allow for up to 200 homes to be weatherized through the 2024-2025 grant cycle. The City has
weatherized approximately 40 houses with funding from DOE grant between July 1, 2023 to June 30,
2024 and will target the completion of 45 houses in 2024-2025. DOE Contract terms stipulates that
average costs per Unit (materials, labor, and program support), excluding health and safety expenses,
shall not exceed $8,250.00 per Unit.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 1.25 Full Time Equivalent positions in the
Neighborhood Services Department. Indirect costs totaling an estimated $17,366.25, calculated by
taking wages and salaries designated for this grant of approximately $82,500.00 multiplied by the
Neighborhood Service Department's indirect cost rate of 21.05\% defined in the City's most recent
Cost Allocation Plan, could be charged to this grant. A waiver of these indirect costs is requested to
Official site of the City of Fort Worth, Texas
FoRTWoRm
allow allocation of these funds to further support the programs and services to assist low -to -moderate
income citizens.
Positions funded with Low -Income Housing Energy Assistance Program grant funds are subject to
grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services
Department would review programs and services funded by the grants and determine a level of
service and staffing that aligns with the available funding. Alternative to consider may include staff and
program reductions or eliminations.
This program services ALL COUNCIL DISTRICTS
FISCAL IN FORMATIONICERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. Neighborhood Services (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City.
Prior to expenditures being incurred, Neighborhood Services Department has the responsibility to
validate the availability of funds. This is a reimbursement grant.
TO
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund Department Account
Project
Program
Activity Budget
Reference # I Amount
ID I
ID
I Year I
(Chartfield 2)
Submitted for Cibi Manaaer's Office bv:
Fernando Costa (6122)
Originating Denartment Head:
Kacey Bess (8187)
Additional Information Contact:
James Armstrong (7380)
ATTACHMENTS
ORD.APP 19NSTDHCA-DOE2024 A023(r3).docx (Public)