HomeMy WebLinkAboutContract 30923 Y SECRETARY
C_i. TRACT NO.
DOE / OIL OVERCHARGE WEATHERIZATION ASSISTANCE PROGRAM
ATTACHMENT A - BUDGET AND SERVICE AREA
SUBRECIPIENT NAME: FORT WORTH, CITY OF, GRANT ADMIN.
CONTRACT NUMBER: 564039
ALLOCATION YEAR: 564
ALLOCATION PERIOD: 04/01/2004 - 03/31/2005
CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated, is
April 1, 2004 through March 31, 2005 (hereinafter the "Contract Period")
DEPARTMENT FINANCIAL OBLIGATIONS
$159,531.00 DOE WAP FUNDS CURRENTLY AVAILABLE
$2,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$159,531.00 TOTAL ANTICIPATED DOE WAP FUNDS
$2,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Letter of Notification. Funds may only be
obligated and expended during the current allocation period. unexpended fund
balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS*
CATEGORIES DEPARTMENT SHARE
------------------------------------------ ----------------
ADMINISTRATION** $18,334.00
LIABILITY/POLLUTION OCCURRENCE INSURANCE*** $3,052.00
FISCAL AUDIT $800.00
MATERIALS/PROGRAM SUPPORT/LABOR $123,611.00
HEALTH AND SAFETY**** $13,734 .00
SUB-TOTAL $159,531.00
TRAINING AND TECHNICAL ASSISTANCE $2,000.00
------------------------------------------ ----------------
TOTAL $161,531.00
DWELLING UNITS TO COMPLETE 47.00
* Denotes that a request to adjust any budget categories must be received
in writing before the adjustment can be made to the budget breakdown.
The only categories that can be adjusted are the Administration,
Insurance, Fiscal Audit and/or Health and Safety. There can be no
more than 2 revisions made per allocation year. Written request must
be received at least 90 days prior to the end of the allocation period.
** Denotes maximum for administration based on 10.526315% of total allowable
expenditures excluding travel for training.
*** Denotes $1,500 for liability insurance and the remaining balance for
pollution occurrence insurance.
**** Denotes the maximum for Health and Safety expenditures.
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
Tarrant County I— -- —
Subrecipient shall provide weatherization program services to complete a minimum
of 47 dwelling units during the allocation period. WAP costs per unit,
excluding health and safety expenses, shall not exceed $2,672 without prior
written approval from the Department.
EFFECTIVE: 04/01/2004
FORT WORTH, CITY OF, GRANT ADMIN.
BY: Jerome Walker on 07/23/2004
FORT WORTH, CITY OF, GRANT ADMIN. , Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: Edwina Carrington on 07/28/2004
Edwina P. Carrington, Executive Director
This contract is not effective unless signed by the Executive Director of the
Department or her authorized designee.
APPROVED FOR THE RT WORTH CITY MANAjqERIS OFFICE
t
BY
APPROVED AS TO FORM AND LEGALITY:
ATTESTED BY
l�
CCP
Greg
Contact Authorization
r7—
Date
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER: 564039 FOR THE
DOE (CFDA# 81.042)
OIL OVERCHARGE WEATHERIZATION ASSISTANCE PROGRAM
SECTION 1. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Housing
and Community Affairs, an agency of the State of Texas (hereinafter the
"Department") and FORT WORTH, CITY OF, GRANT ADMIN.
(hereinafter the "Subrecipient") .
SECTION 2_ SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area,
develop and implement a Weatherization Assistance Program (WAP) in
accordance with Attachment A, "Budget and Performance" . Subrecipient
shall develop and implement the WAP to assist in achieving a prescribed
level of energy efficiency in the dwellings of low-income persons.
Priority will be given to elderly, persons with disabilities,
households with young children under 6 years of age in proportion to
the current demographics for age, income, and ethnicity for
Subrecipient's service area, households with a high energy burden and
households with high energy consumption. Subrecipient shall implement
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.
Sec. 6861 et seq.) , the U.S. Department of Energy (DOE) regulations
codified in 10 C.F.R. Parts 440 and 600, any applicable Office of
Management and Budget (OMB) Circulars, the Texas WAP State Plan, State
weatherization regulations, the Oil Overcharge Restitutionary Act (TEX.
GOV'T CODE ANN. Chapter 2305) , and the terms of this contract.
SECTION 3. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this
contract, Department shall reimburse Subrecipient for the actual
allowable costs incurred by Subrecipient in the amount specified in
Attachment A of this contract.
B. Department's obligations under this contract are contingent upon
the actual receipt by Department of adequate state and federal
funds. If sufficient funds are not available, Department shall
notify Subrecipient in writing within a reasonable time after such
fact is determined. Department shall then terminate this contract
and will not be liable for the failure to make any payment to
Subrecipient under this contract.
C. Department is not liable for any cost incurred by Subrecipient
which:
(1) is incurred to weatherize a dwelling unit which is not an
eligible dwelling unit as defined in 10 C.F.R. Sec. 440.22;
(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 10
C.F.R. Sec. 440.18 (e) (2) ;
(4) is for Subrecipient's administrative costs incurred in excess
of the maximum limitation set forth in Section 8 of this
contract;
(5) is not incurred during the allocation year;
(6) is not reported to Department on a WAP Progress Expenditure
Report/Monthly Funding Report (hereinafter "Funding Report")
within sixty (60) days of the termination of the allocation
year;
(7) is subject to reimbursement by a source other than Department;
or
(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.
D. Subrecipient shall refund, within fifteen (15) days of Department's
request, any sum of money paid to Subrecipient which Department
determines has resulted in an overpayment or has not been spent in
accordance with the terms of this contract. Department may offset
or withhold any amount otherwise owed to Subrecipient under this
contract against any amount owed by Subrecipient to Department
arising under this or any other contract between the parties.
SECTION 4. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP
funds under Attachment A by submitting to Department at its offices
in Travis County, Texas a Funding Report provided Subrecipient
maintains written procedures that minimize the time elapsing
between the transfer of funds from Department and the disbursement
of such funds by Subrecipient.
B. Subrecipient's requests for advances shall be limited to the
minimum amount needed and timed to be in accordance with actual,
immediate cash requirements of the Subrecipient in carrying out the
purpose of this contract. The timing and amount of cash advances
shall be as close as administratively feasible to the actual
disbursements by the Subrecipient for direct program costs and the
proportionate share of any allowable indirect costs.
C. Notwithstanding Subsection 4 (A) , Department reserves the right to
use a cost reimbursement method of payment 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 determines that a cost reimbursement method would
benefit the program; (4) Department's funding sources require the
use of a cost reimbursement method; or (5) Subrecipient fails to
comply with any of the reporting requirements of Section 10.
D. All funds paid to Subrecipient under this contract are paid in
trust for the exclusive benefit of the eligible recipients of the
weatherization assistance program and for the payment of the
allowable expenditures identified in Section 8.
SECTION S. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 1 ,
Except as expressly modified by law or the terms of this contract,
Subrecipient shall comply with the cost principles and uniform
I
administrative requirements set forth in the Uniform Grant and Contract
Management Standards, 1 T.A.C. Sec. 5.141 et seq. (the "Uniform Grant
Management Standards") ; provided, however, that all references therein
to "local government" shall be construed to mean Subrecipient. Uniform
cost principles for local governments are set forth in OMB Circular No.
87, and for non-profits in OMB Circular No. 122. Uniform
administrative requirements for local governments are set forth in OMB
Circular No. 102 and for non-profits in OMB Circular No. 110.
SECTION 6. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this contract shall be used for the
payment of salaries to any employee who uses alcoholic beverages while
on active duty. No funds provided under this contract for travel
expenses shall be used for the purchase of alcoholic beverages.
SECTION 7. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any
time Department determines that there is cause for termination.
Cause for termination includes but is not limited to Subrecipient's
failure to comply with any term of this contract, with the
Department's "Criteria and Procedures for Termination or Nonrenewal
of Weatherization Subgrantee Contracts" -- Policy Issuance #95-
12.8, any state weatherization regulation and the WAP State Plan.
Department shall notify Subrecipient in writing at least thirty
(30) days before the date of termination.
B. Nothing in this Section shall be construed to limit Department's
authority to withhold payment and immediately suspend
Subrecipient's performance of this contract if Department
identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, or other serious deficiencies in Subrecipient's
performance. Suspension shall be a temporary measure pending
either corrective action by Subrecipient or a decision by
Department to terminate this contract.
C. Department shall not be liable for any costs incurred by
Subrecipient after termination or during suspension of this
contract. Notwithstanding the termination or suspension of this
contract, Subrecipient shall not be relieved of any liability for
damages due to Department by virtue of any breach of this contract
by Subrecipient. Department may withhold any payment otherwise due
to Subrecipient until such time as the exact amount of damages owed
to Department by Subrecipient is determined and paid.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the
performance of this contract shall be determined in accordance with
the provisions of Section 5 and the regulations set forth in 10
C.F.R. Sec. 440.18, subject to the limitations and exceptions set
forth in this Section.
B. Allowable WAP expenditures under Attachment A include: (1) the
purchase and delivery of weatherization materials as defined in 10
C.F.R. Sec. 440.3, but not to include storm doors; (2) labor costs
in accordance with 10 C.F.R. Sec. 440.19; (3) the cost of
weatherization materials and labor for heating and cooling system
tune ups, repairs, modification, or replacements if such will
result in improved energy efficiency as demonstrated by Savings to
Investment Ratio (SIR) of one (1) or better in the EASY audit and,
whenever available, heating and cooling systems must have an Energy
I
Star rating; (4) transportation of weatherization and repair
materials, tools, equipment, and work crews to a storage site and
to the site of weatherization work; (5) maintenance, operation, and
insurance of vehicles used to transport weatherization materials;
(6) maintenance of tools and equipment; (7) purchase or lease of
tools, equipment, and vehicles (purchase of vehicles must be
approved in advance by DOE) ; (8) employment of on-site supervisory
personnel; (9) storage of weatherization materials, tools, and
equipment; (10) the cost of incidental repairs (such as repairs to
roofs, walls, floors, and other parts of a dwelling unit) if such
repairs are necessary for the effective performance or preservation
of weatherization materials; and (11) allowable health and safety
measures. Health and Safety funds not expended may be moved to the
labor, materials & program support category. These changes will
require a contract action; therefore, Subrecipient must provide
written notification to the Department at least 90 days prior to
the end of the allocation period before these funds can be moved.
C. PROVIDED THAT:
(1) If incidental repairs are necessary to make the installation
of the weatherization materials effective, the cost of
incidental repair materials charged to WAP funds awarded under
Attachment A shall not exceed the cost of weatherization
materials charged to WAP funds and shall have a whole house
SIR of one (1) or greater on the EASY for Texas Energy audit.
(2) Subrecipient shall weatherize eligible dwelling units using
only weatherization materials which meet or exceed the
standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A
and are installed in compliance with the Materials
Installation Standards Manual.
(3) All measures related to the insulation of ceilings, exterior
walls and floors are included as proposed measures in the EASY
Audit on all units not insulated to prescribed standards and
suitable to receive these measures.
D. Administrative costs incurred by Subrecipient in performing this
contract are to be based on actual expenditures and shall be
allowed up to the amount outlined in Attachment A. Allowable
administrative costs may include reasonable costs associated with
Subrecipient's administrative personnel, travel (out of service
area) , 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.
E. The cost of liability insurance for the weatherization program for
personal injury and for property damage, not to exceed Fifteen
Hundred Dollars ($1,500.00) shall be an allowable WAP expenditure
under Attachment A. Subrecipient may request in writing a waiver
of the limit on liability insurance. The waiver request must
provide price quotes from at least three (3) insurance carriers.
Amounts in excess of the $1,500 may be charged to the
administrative or program support category. The liability
insurance category has increased to enable subrecipient to purchase
pollution occurrence insurance in addition to the general liability
insurance. Generally, regular liability insurance policies do not
provide coverage for potential effects of many health & safety
measures, such as lead disturbances and other pollution occurrence
items. Subrecipient should review existing policies to ensure that
lead is covered and if not, secure adequate coverage for all units
to be weatherized. Note: The pollution occurrence insurance has
been based on the number of units the subrecipient plans to
weatherize with all of the different funding sources, i.e. , LIHEAP
and DOE.
F. The cost for supporting fiscal audit expenses for the
weatherization program not to exceed Eight Hundred Dollars
($800.00) shall be an allowable WAP expenditure under Attachment A,
subject to Section 15.
G. To the maximum extent practicable, Subrecipient shall utilize funds
provided herein for the purchase of weatherization materials. All
weatherization materials installed must have an EASY for Texas
energy audit SIR of one (1) or greater. Weatherization measures
installed shall begin with those having the greatest SIR (on EASY
for Texas energy audit) and proceed in descending order to the
materials with the smallest SIR or until the maximum allowable per
unit expenditures are achieved. Subrecipient may use for the
purchase and delivery of weatherization materials any or all of the
funds allowed for administrative purposes under this contract.
These changes will require a contract action therefore Subrecipient
must provide written notification to the Department at least 90
days prior to the end of the allocation period before these funds
can be moved.
H. To the maximum extent practicable, Subrecipient shall secure the
services of (1) volunteers, (2) training participants, and (3)
public service employment workers assisted pursuant to the Job
Training Partnership Act, to weatherize dwelling units under the
direction of qualified supervisors.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with the record keeping requirements set
forth at 10 C.F.R. Sec. 440.24 and with such additional record
keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from WAP
under this contract, Subrecipient shall maintain a file containing
the following information:
(1) completed Application for Weatherization Services;
(2) 12 month customer billing history for utilities / consumption
release form;
(3) eligibility documentation (proof of income eligibility shall
consist of checks, check stubs, award letters, employer
statements, or other similar documents including total income
and public assistance payments) ; no dwelling unit shall be
weatherized without documentation that the dwelling unit is
an eligible dwelling unit as defined in 10 C.F.R. Sec.
440.22. All proof of income must be within 12 months of the
start date indicated on the BWR. Proof of income
documentation requirements are the same for both single and
multifamily housing; effective January 1, 2004, all new
applications must have proof of income for the previous 90
days;
(4) Building Weatherization Report (local design allowed) to
include certification of final inspection;
(5) invoices of materials purchased and/or inventory removal
sheets;
(6) invoices of labor;
(7) if a rental unit, Landlord Agreement Form (including Exhibits
A and B) , Landlord Financial Participation Form and
Permission to Conduct Energy Audit Form (Department form) ;
and all forms as required by WAP Policy Issuances #04-11.30
(8) Self-help Certification (Department form) , if applicable;
(9) Notice of Denial (Department form) if applicable;
(10) Signed and dated Building Assessment form;
(11) Attic Inspection (local design allowed) ;
(12) Wall Inspection (local design allowed) ;
(13) Justification for Omission of Priorities (local design
_ allowed) , if applicable;
(14) Documentation of pre & post CO readings for all combustible
appliances used in the conditioned space.
(15) Blower Door Data Sheet;
(16) Copy of the cover sheet, SIR page, and Suggested Repairs and
Measures page for the EASY for Texas energy audit;
(17) A complete EASY for Texas energy audit on disk and a disk
back-up for all units weatherized; and,
(18) Other forms as may be required by Policy Issuances.
WAP unit files-for this contract shall be kept separate from LIHEAP
WAP files and each shall be identified with allocation year number
followed by "DOE-WAP".
C. Materials standards documentation for weatherization materials
purchased under this contract must be maintained. These standards
must meet the requirements as per Appendix A of 10 CFR 440 and the
Material Installation Standards Manual.
D. Subrecipient shall give the federal and state funding agencies, the
Comptroller General of the United States, and Department access to
and the right to reproduce all records pertaining to this contract.
All such records shall be maintained for at least three years after
final payment has been made and all other pending matters are
closed. Subrecipient shall include the requirements of this
Subsection in all subcontracts.
E. 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, TEX. GOV'T CODE ANN,
Chapter 552 .
SECTION 10. REPORTING REQUIREMENTS
A. Subrecipient shall electronically submit to Department no later
than fifteen (15) days after the end of each month of the
Allocation Period a Funding Report of all expenditures of funds
under this contract during the previous month. The Funding Report
is due even if Subrecipient has no new activity to report during p.
the month. All reports shall be submitted electronically.
_J
B. Subrecipient shall electronically submit to Department no later
than sixty (60) days after the end of the Allocation Period of this
contract a final expenditure and programmatic report utilizing the
Funding Report. The failure of Subrecipient to provide a full
accounting of all funds expended under this contract may result in
termination of this contract and ineligibility to receive
additional funds.
C. Subrecipient shall submit to Department no later than sixty (60)
days after the end of the Allocation Period an inventory of all
vehicles, tools, and equipment with a unit acquisition cost of
$5,000.00 or more and a useful life of more than one year, if
purchased in whole or in part with funds received under this or
previous weatherization assistance program contracts. The
inventory shall reflect the vehicles, tools, and equipment on hand
as of the last day of the Allocation Period.
D. Subrecipient shall submit other reports, data, and information on
the performance of this contract as may be required by DOE pursuant
to 10 C.F.R. Sec. 440.25, or by Department.
E. If Subrecipient fails to submit, in a timely and satisfactory
manner, any report or response required by this contract, including
responses to monitoring reports, Department may withhold any and
all payments otherwise due or requested by Subrecipient hereunder.
Payments may be withheld until such time as the delinquent report
or response is received by Department. If the delinquent report or
response is not received within forty-five (45) days of its due
date, Department may suspend or terminate this contract. If
Subrecipient receives Weatherization Program funds from the
Department over two or more Allocation Periods, funds may be
withheld or this contract suspended or terminated by Subrecipient's
failure to submit a past due report or response (including a report
of audit) from a prior Allocation Period.
SECTION 11. CHANGES AND AMENDMENTS
Any change in the terms of this contract required by a change in state
or federal law or regulation is automatically incorporated herein
effective on the date designated by such law or regulation. Except as
otherwise specifically provided herein any other change in the terms of
this contract shall be by amendment in writing and signed by both
parties to this contract or by a Letter of Notification (LON) signed by
Department.
SECTION 12. DEPARTMENT ISSUANCES
Department may issue policy directives which serve to establish
subrecipient eligibility or interpret and clarify the terms of this
contract. Such policy directives shall be in the form of a WAP Policy
Issuance. An Issuance shall not alter the terms of this contract so as
to relieve Department of any obligation of reimbursement of an
allowable cost incurred by Subrecipient prior to the effective date of
the Issuance. All WAP Policy Issuances promulgated by Department,
whether before or after the date this contract is executed, shall
govern the performance of this contract until specifically rescinded by
Department.
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an
independent subrecipient. Subrecipient agrees to indemnify Department
against any disallowed costs or other claims, which may be asserted by
any third party in connection with the services to be performed by
Subrecipient under this contract.
SECTION 14. PROCUREMENT STANDARDS & SUBCONTRACTS
A. Subrecipient shall develop and implement procurement procedures,
which conform to the uniform administrative requirements referenced
in Section 5. Subrecipient shall not procure supplies, equipment,
materials, or services except in accordance with its procurement
procedures and WAP Policy Issuance #02-10.2. All procurement
contracts, other than "small purchases" as defined in WAP Policy
Issuance #02-10.2, shall be in writing and shall contain the
provisions required by WAP Policy Issuance #02-10.2. Subrecipient
must obtain advance written permission from DOE through Department
before purchasing any vehicle.
B. Subrecipient shall ensure that its subcontractors comply with all
applicable terms of this contract as if the performance rendered by
the subcontractor was being rendered by Subrecipient. 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.
C. It is the sole responsibility of Subrecipient's authorized
weatherization staff to perform every initial assessment, every
EASY Audit, and every final inspection. In an emergency situation,
Subrecipient may request that the Department waive this
requirement. The Department will review each request separately to
determine whether a waiver will be granted, the conditions for the
waiver, and the maximum time allotted for the waiver. Under no
circumstances will a waiver be granted for longer than six months.
Failure to strictly adhere to this policy will result in disallowed
costs.
SECTION 15. AUDIT
A. Subrecipient shall arrange for the performance of an annual
financial and compliance audit of funds received and performances
rendered under this contract, subject to the following conditions
and limitations:
1. Subrecipients expending $300,000 or more in federal financial
assistance for any fiscal year ending on or after June 30,
1997, shall have an audit made in accordance with Department's
supplemental audit guide, the Single Audit Act Amendments of
1996, 31 U.S.C. 7501 et seq. and OMB Circular No. 133 -. Revised
June 30, 1997, "Audits of States, Local Governments, and Non-
Profit Organizations" . For purposes of this Section 15,
"federal financial assistance" means assistance provided by a
federal agency in the form of grants, contracts, loans, loan
guarantees, property, cooperative agreements, interest
subsidies, insurance or direct appropriations, but does not
include direct federal cash assistance to individuals. The
term includes awards of federal financial assistance received
directly from federal agencies, or indirectly through other
units of state and local government.
2. Subrecipient shall utilize funds budgeted under this contract G _
to pay for that portion of the cost of such audit services
properly allocable to the activities funded by Department under 4 f
this contract, provided however that Department shall not make
payment for the cost of such audit services until Department
has received a satisfactory audit report, as determined by
Department, from Subrecipient.
3. Subrecipient shall submit two (2) copies of the report of such
audit to Department within thirty (30) days after the
completion of the audit, but no later than nine (9) months
after the end of the audit period. However, for fiscal years
beginning on or before June 30, 1998, the audit shall be
completed and submitted within the earlier of 30 days after
receipt of the auditor's report or 13 months after the end of
the audit period. Subrecipient shall ensure that the audit
report is made available for public inspection within thirty
(30) days after completion of the audit. Audits performed
under this Section 15 are subject to review and resolution by
Department or its authorized representative.
4. The audit report must include verification of all expenditures
by budget category, in accordance with the final Funding Report
submitted to close out the allocation year.
B. Notwithstanding Subsection A, Subrecipients expending less than
$300,000 in Federal financial assistance may arrange for the
performance of an annual financial statement audit. Such audit
should include verification as required in Sec. 15(A) (4) .
C. Notwithstanding Subsection A Department reserves the right to
conduct an annual financial and compliance audit of funds received
and performances rendered under this contract. Subrecipient agrees
to permit Department or its authorized representative to audit
Subrecipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
D. Subrecipient understands and agrees that it shall be liable to
Department for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to
Department of such disallowed costs shall be paid by Subrecipient
from funds which were not provided or otherwise made available to
Subrecipient under this contract.
E. Subrecipient shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this section as
Department may require of Subrecipient.
F. Subrecipient shall procure audit services through an open,
competitive process at least once every four years. The auditor
shall retain working papers and reports for a minimum of three
years after the date of issuance of the auditor's report to the
auditee. Audit working papers shall be made available upon request
to Department at the completion of the audit, as a part of a
quality review, to resolve audit findings, or to carry out
oversight responsibilities consistent with the purposes of this
part. Access to working papers includes the right to obtain copies
of working papers, as is reasonable and necessary.
SECTION 16. PROPERTY MANAGEMENT
A. Subrecipient acknowledges that any vehicles, tools, and equipment
with a unit acquisition cost of $5,000.00 or more and a useful life
of more than one year, if purchased in whole or in part with funds
received under this or previous weatherization assistance program
contracts, are not assets of either the subrecipient or the
t
Department but are held in trust for the Weatherization Assistance
Program and as such are assets of the Program. Any equipment,
tools, or vehicles having a useful life of more than one year and
an acquisition cost of $5,000.00 or more per unit must receive
prior approval from the Department before the purchase is made.
B. Subrecipient shall develop and implement a property management
system, which conforms to the uniform administrative requirements
referenced in Section 5. 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 and Department Issuances.
C. Subrecipient shall establish adequate safeguards to prevent loss,
damage, or theft of property acquired hereunder and shall promptly
report to Department any loss, damage, or theft of property with an
acquisition cost of Five Thousand and no/100 Dollars ($5,000.00)
or more.
D. In addition to the inventory of vehicles, tools, and equipment
required under Section 10, Subrecipient shall take a physical
inventory of all WAP materials and shall reconcile the results with
its property records at least once every year. Any differences
between quantities determined by the inventory and those shown in
the property records shall be investigated by Subrecipient to
determine the cause of the difference.
SECTION 17. INSURANCE REQUIREMENTS
Subrecipient shall maintain adequate personal injury and property
damage liability insurance or, if Subrecipient is a unit of local
government, shall maintain sufficient reserves to protect against the
hazards arising out of or in connection with the performance of this
contract. Subrecipient shall also maintain adequate pollution
occurrence insurance in addition to the general liability insurance.
Generally, regular liability insurance policies do not provide coverage
for potential effects of many health & safety measures, such as lead
disturbances and other pollution occurrence items. Subrecipient should
review existing policies to ensure that lead is covered and if not,
secure adequate coverage for all units to be weatherized. Note: The
pollution occurrence insurance has been based on the number of units
the subrecipient plans to weatherize with the following different
funding sources, i.e., LIHEAP and DOE.
If Subrecipient is not a unit of local government, Subrecipient shall
provide Department with certificates of insurance evidencing
Subrecipient's current and effective insurance coverage. Subrecipient
agrees to notify the Department immediately upon receipt of
notification of the termination, cancellation, expiration, or
modification of any insurance coverage or required policy endorsements.
Subrecipient agrees to suspend the performance of all work performed
under this contract until Subrecipient satisfies the coverage
requirements and obtains the policy endorsements, and has delivered to
Department certificates of insurance evidencing that such coverage and
policy endorsements are current and effective, and has been notified by
Department that such performance of the work under this contract may
recommence. Subrecipient must also require all contracting independent
contractors to have general liability and pollution occurrence
insurance.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any
claim or action filed with a court or administrative agency against
Subrecipient and arising out of the performance of this contract or any
subcontract hereunder. Subrecipient shall furnish to Department copies
of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic desk and on-site
monitoring to evaluate the efficiency, economy, and effectiveness of
Subrecipient's performance of this contract. Department will advise
Subrecipient in writing of any deficiencies noted during such
monitoring. Department may provide technical assistance to
Subrecipient and may require changes in Subrecipient's accounting,
personnel, procurement, and management procedures in order to correct
any deficiencies noted. Subrecipient may be required by Department to
return to dwelling units to correct identified problems. Department
may further review and assess the efforts Subrecipient has made to
correct previously noted deficiencies. Department may withhold funds,
place Subrecipient on a cost reimbursement basis, deobligate funds,
suspend performance, terminate this contract, or invoke other remedies
in the event monitoring reveals material deficiencies in Subrecipient's
performance or if Subrecipient fails to correct any deficiency within a
reasonable period of time.
SECTION 20. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the practical ability and
the legal authority to enter into this contract, receive and manage
the funds authorized by this contract, and to perform the services
Subrecipient has obligated itself to perform under this contract.
B. The person signing this contract on behalf of Subrecipient hereby
warrants that he/she has been authorized by Subrecipient to execute
this contract on behalf of Subrecipient and to bind Subrecipient to
all terms herein set forth.
C. 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 to enter into this
contract or to render performances hereunder. Should such
suspension or termination occur, subrecipient is liable to
Department for any money it has received for performance of the
provisions of this contract.
SECTION 21. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal
control systems and procedures sufficient to prevent, detect, and
correct incidents of waste, fraud, and abuse in 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.
B. 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.
C. Department will notify the funding source upon identification of
possible instances of waste, fraud, and abuse or other serious
deficiencies.
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 22. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient represents that neither it nor any member of its
governing body presently has any interest or shall acquire any
interest in, directly or indirectly, which would conflict with the
performance of this contract and that no person having such
interest shall be employed by Subrecipient or appointed as a member
of Subrecipient's governing body.
B. Subrecipient shall establish safeguards to prohibit its employees
from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have
family, business or other ties.
C. Subrecipient agrees that it will comply with TEX. GOVT CODE ANN.
Chapter 573 by ensuring that no officer, employee, or member of the
governing body of Subrecipient shall vote for or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of the
governing body or to any officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the
continued employment of a person who has been continuously employed
for a period of two years prior to the election or appointment of
the officer, employee, or governing body member related to such
person in the prohibited degree.
SECTION 23. POLITICAL ACTIVITY AND LOBBYING PROHIBITED
A. None of the funds provided under this contract shall be used for
influencing the outcome of any election, or the passage or defeat
of any legislative measure. This prohibition shall not be
construed to prevent any official or employee of Subrecipient 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. Any action taken against
an employee or official for supplying such information shall
subject the person initiating the action to immediate dismissal
from employment.
B. No funds provided under this contract may be used directly or
indirectly to hire employees or in any other way fund or support
candidates for the legislative, executive, or judicial branches of
government of Subrecipient, the State of Texas, or the government
of the United States.
C. If any funds other than federally 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 I
Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, Subrecipient shall complete and
submit a Certification Regarding Lobbying form in accordance with
its instructions.
D. None of the funds provided under this contract shall be paid to any
official or employee who violates any of the provisions of this
section.
SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race, color, religion, sex, national
origin, age, disability, political affiliation or belief be excluded
from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in the administration of
or in connection with any program or activity funded in whole or in
part with funds made available under this contract.
SECTION 25. SPECIAL COMPLIANCE PROVISIONS
Subrecipient shall comply with the requirements of all applicable laws
and regulations, including those specified in 10 C.F.R. Part 600,
Appendix A.
SECTION 26. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. Training and technical assistance funds shall be used only for
Department and/or DOE training events.
B. Allowable travel costs under this contract shall be determined in
accordance with OMB Circulars A-122 or A-87, as applicable, any
Department Issuance on travel, and with Subrecipient's written
travel policy. 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.
Prior to incurring any costs for travel, subrecipient must provide
Department with a copy of its travel policy and evidence that such
policy has been approved by Subrecipient's governing body. If
Subrecipient has no established written travel policy, the travel
regulations applicable to Department employees shall apply.
C. Department may, from time to time, provide funds in this category
that are for the sole purpose of purchasing designated
weatherization equipment.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this contract may not be
substituted for funds or resources from any other source nor in any way
serve to reduce the funds or resources, which would have been available
to or provided through Subrecipient, had this contract never been
executed.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
(1) Subrecipient must not make any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from
or ineligible for participation in Federal assistance programs
under Executive Order 12549, "Debarment and Suspension 45 C.F.R
Part 76" .
1 _
(2) Subrecipient shall certify 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 agency.
(3) Where if.Subrecipient is unable to provide the certification
required by this Section, such prospective participant shall
attach an explanation to this contract.
SECTION 29. NO WAIVER
No right or remedy given to Department by this contract shall preclude
the existence of any other right or remedy, nor shall any action taken
in the exercise of any right or remedy be deemed a waiver of any other
right or remedy. The failure of Department to exercise any right or
remedy on any occasion shall not constitute a waiver of Department's
right to exercise that or any other right or remedy at a later time.
SECTION 30. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior oral or written agreements between the parties hereto
relating to the subject matter of this contract have been reduced to
writing and are contained herein.
SECTION 31. SEVERABILITY
If any portion of this contract is held to be invalid by a court of
competent jurisdiction, the remainder of it shall remain valid and
binding.
APPROVED FOR THE ORT WORTH CITY MAN ER'S OFFICE
BY
APPROyED AS TO FORM AN EGALITY: 411
ATTESTED BY
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/17/2004 - Ordinance No. 16079
DATE: Tuesday, August 17, 2004
LOG NAME: 05WAP 04-05 REFERENCE NO.: **C-20210
SUBJECT:
Acceptance of the Weatherization Assistance Program Grant and Approval of Related Contracts
RECOMMENDATION:
1. It is recommended that the City Council authorize the City Manager to accept the Weatherization
Assistance Program (WAP) Grants funds totaling $430,053.00 in anticipated funds, and enter into two
separate contracts with the Texas Department of Housing and Community Affairs (TDHCA), as follows:
a. Low Income Housing Energy Assistance Program(LIHEAP) $ 268,522.00
b. Department of Energy $ 161,531.00
Total $ 430,053.00
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $430,053.00, subject to receipt of the grant.
DISCUSSION:
The City of Fort Worth has operated the Weatherization Assitance Program (WAP) on a grant basis, funded
by TDHCA since 1982. The program serves low-income residents in Tarrant County, primarily the elderly
and persons with disabilities by weatherizing their homes. Weatherization measures include attic insulation,
weather-stripping, caulking, window repairs, door repairs and/or replacement and other minor repairs. A
maximum of $2,672.00 in weatherization funds can be expended on each home for Program Year 2004-
2005.
Administrative costs are restricted to 10.526% of the Department of Energy (DOE) grant and 5.26% of the
LIHEAP grant based on the total allowable expenditures for the WAP. Housing Department staff will target
133 homes in Fort Worth, 86 units under the LIHEAP grant and 47 units under the DOE grant. Staff
will perform inspections prior to payment of the contractor.
The Weatherization Assistance Program is available in all Council Districts, since the program is available
countywide.
Logname: 05 WAP 04-05 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488954 005200965000 $268,522.00
GR76 588954 005200965010 $268,522.00
GR76 488954 005200966000 $161,531.00
GR76 588954 005200966010 $161,531.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 05WAP 04-05 Page 2 of 2