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HomeMy WebLinkAboutContract 46657 Crnr SECREMW CONTRACT N0. _ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56140001992 FOR THE U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) SECTION 1. PARTIES TO THE CONTRACT This 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 The period for performance of this Contract, unless earlier terminated, is September 08, 2014 through June 30, 2015(hereinafter the"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 U.S. Department of Energy (DOE) implementing regulations codified in 10 C.F.R. Parts 440 and 600("WAP Regulations"), any applicable Office of Management and Budget (OMB) Circulars, the Texas DOE State Plan, and the implementing State regulations at Title 10, Part I, Chapter 1 of the Texas Administrative Code and Title 10, Part I, Chapter 5, Subchapters A, E and F of the Texas Administrative Code, as amended or supplemented from time to time (collectively, "WAP State Rules"). Subrecipient shall use amended WAP State Rules starting January 5, 2015. Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance Program (WAP) in the counties and in accordance with the terms of this Contract and the 'Budget and Performance Statement' attached as Exhibit A to this Contract, the Certifications attached hereto as Exhibit B. the Personal Responsibility and Work Opportunity Act of 1996("PRWORA") Requirements for the WAP attached hereto as Exhibit C, the Documentation of Disability requirements attached hereto as Exhibit D, and all such Exhibits incorporated herein for all relevant purposes; 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. 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 will be provided to owner occupied units as well as rental units. Priority will be given, in no particular order, to (1) households with Elderly Persons as defined in WAP State Rules, (2) Persons with Disabilities fr1 as defined in WAP State Rules, (3) households with young children that are age five (5) or younger, and/or C") (4) households with a high energy burden and households with high energy consumption. Before M < commencing any weatherization work, Subrecipients are required to complete energy audits. The work will M be completed in accordance with the International Energy Conservation Code and the minimum requirements set in the State of Texas adopted International Residential Code or in jurisdictions authorized aby State law to adopt later editions. i B. Subrecipient is responsible for providing services as required by the Department of Energy (DOE) 00 Standard Work Specifcations (SWS). The SWS requirements for Single family homes, Manufactured and o Multifamily housing can be accessed at https://sws.nrel.gov/. If these specifications are not followed, payment must not be made to sub-contractor. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipients satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in the 'Budget and Performance Statement'attached hereto as Exhibit A. OFFICIAL RECORD Page 1 of 21 CITY SECRETARY FT.WORTH,TX B. Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate 2014 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. 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 §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§440.18(e)(2)of the WAP Regulations; (4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 8 of this Contract; (5) is not incurred during the Contract Term; (6) is not reported to Department on a monthly expenditure or performance report, within forty five (45) days following the end of the Contract Term; (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. E. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of $183,060.00. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Each month, Subrecipient may request an advance payment of WAP funds under this Contract. As per the Uniform Grant Management Standards, 34 T.A.C. §20.421 et seq (herein "UGMS"), 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 30 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) notwithstanding, pursuant to §5.17 of the WAP State Rules, 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. D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible dwelling units of the weatherization assistance program and for the payment of the allowable expenditures identified in Section 8 of this Contract. Page 2 of 21 SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. Except as expressly modified by law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the UGMS. All references therein to "local government"shall be construed to mean Subrecipient. B. Uniform cost principles for political subdivisions are set forth in Office of Management and Budget ("OMB") Circular A-87 as implemented by 2 C.F.R. Part 225. Uniform administrative requirements for political subdivisions are set forth in OMB Circular A-102. OMB Circular A-133"Audits of States, Local Governments, and Non-Profit Organizations," sets forth audit standards for governmental organizations and other organizations expending Federal funds. The expenditure threshold requiring an audit under Circular A-133 is$500,000. C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs incurred or performances rendered for activities specified in the WAP Act. 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. Department shall notify Subrecipient in writing no less than thirty (30) days prior to the date of termination. B. Nothing in this Section 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, 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. 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. D. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract. E. 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. F. Subrecipient's failure to expend the funds provided under this Contract in a timely manner may result in either the termination of this Contract or Subrecipient's ineligibility to receive additional funding under WAP,or a reduction in the original allocation of funds to Subrecipient. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in accordance with the provisions of Sections 4 and 5 of this Contract and the regulations set forth in §440.18 of the WAP Regulations,subject to the limitations and exceptions set forth in this Section. 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 have 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. 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, State of Texas adopted International Residential Code (IRC) or jurisdictions authorized by State law to adopt later editions. Page 3 of 21 Allowable WAP expenditures under this Contract include: (1) the purchase and delivery of weatherization materials as defined in §440.3 of the WAP Regulations, but not to include storm doors; (2) labor costs for doors, primary windows and storm windows that will result in approved energy savings with SIR of one or greater in accordance with§440.19 of the WAP Regulations; (3) 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 SIR of one or better in the approved State of Texas Energy Audit and, whenever available, heating and cooling systems must have an Energy 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 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) 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 measures (If incidental repairs are necessary to make the installation of the weatherization measures effective, the cost of incidental repair measures charged to WAP funds awarded under this Contract shall not exceed the cost of weatherization measures charged to WAP funds and shall have a whole house SIR of one(1)or greater on the approved State of Texas Energy Audit.); (11) allowable health and safety measures;and (12) allowable base load reduction measures. C. 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) days prior to the end of the Contract Term before these funds can be moved. D. 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) days prior to the end of the Contract Term before these funds can be moved. E. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to exceed One Thousand and No/100 Dollars ($1,000.00) shall be an allowable WAP expenditure under the"Budizet and Performance Statement"attached hereto as Exhibit A. F. Fiscal audit expenses for the weatherization program not to exceed Eight Hundred and No/100 Dollars ($800.00) shall be allowed under the "Budget and Performance Statement" attached hereto as Exhibit A, subiect to Section 14,Procurement Standards. G. To the maximum extent practicable, Subrecipient shall secure the services of volunteers 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 §440.24 of the WAP Regulations and §5.22 of the WAP State Rules and with such additional record keeping requirements as specified herein by Department. Page 4 of 21 B. 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 at http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm#forms: (1) Signed and completed Application for Weatherization Services indicating the ages of the residents, presence in the household of children age five (5) or younger, Elderly Persons (60 years or older), as defined in the WAP State Rules, and Persons with Disabilities as defined in the WAP State Rules. Date of Application for Weatherization Services and associated documents must be within 12 months of the start date indicated on the building weatherization report(BWR); (2) Twelve month consumer billing history for utilities; (3) Consumption disclosure release form(for access to consumption data for use in surveys and studies); (4) Eligibility and Eligibility documentation: a. Subrecipient shall utilize the following definition of income for this contract.Subrecipient should not follow 10 T.A.C. §5.19 for client eligibility. I. INCOME: Income means Cash Receipts earned and/or received by the applicant before taxes during applicable tax year(s) but not the Income Exclusions listed below in Section C. Gross Income is to be used,not Net Income. II. CASH RECEIPTS:Cash Receipts include the following: i. money,wages and salaries before any deductions; ii. net receipts from non-farm or farm self-employment (receipts from a person's own business or from an owned or rented farm after deductions for business or farm expenses); iii. regular payments from social security, railroad retirement, unemployment compensation, strike benefits from union funds, worker's compensation, veteran's payments, training stipends,alimony,and military family allotments; iv. private pensions, government employee pensions (including military retirement pay), and regular insurance or annuity payments; V. dividend and/or interest; vi. net rental income and net royalties; vii. periodic receipts from estates or trusts; viii net gambling or lottery winnings;and ix. any other required by Federal Laws. III. INCOME EXCLUSIONS: The following Cash Receipts are not considered sources of income for the purposes of determining applicant eligibility: i. capital gains; ii. any assets drawn down as withdrawals from a bank; iii. money received from the sale of a property,house,or car; iv. one-time payments form a welfare agency to a family or person who is in temporary financial difficulty; V. tax refunds; vi. gifts,loans,or lump-sum inheritances; vii. college scholarships; viii. one-time insurance payments,or compensation for injury; ix. non-cash benefits,such as the employer-paid or union-paid portion of health insurance; X. employee fringe benefits,food or housing received in lieu of wages; xi. the value of food and fuel produced and consumed on farms; xii. the imputed value of rent from owner-occupied non-farm or farm housing; xiii. Depreciation for farm or business assets; xiv. Federal non-cash benefit programs such as Medicare, Medicaid, Food Stamps, school lunches,and housing assistance; xv. combat zone pay to the military; xvi. Child Support; xvii. Reverse mortgages; xviii. Payments for care of Foster Children;and xix. Any other exclusion required by Federal Law including those listed in FR-5741-N-01. Page 5 of 21 b. Documentation/verification of client income for the thirty (30) days preceding their application for all household members eighteen (18) years and older, or 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 user of the form, including policies requiring a client statement of efforts to obtain documentation of income with a notarized client signature; as outlined in §5.407(e) of the State Rules. Proof of income documentation requirements are the same for both single and multifamily housing. All proof of income must reflect earnings from within 12 months of the start date indicated on the Building Weatherization Report(BWR). C. No dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in§440.22 of the WAP Regulations. (5) BWR to include certification of final inspection and Justification for Omission of Priorities if applicable; (6) Invoices of materials purchased or inventory removal sheets; (7) Invoices of labor; (8) 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 at http://www.tdhca.state.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf; (9) "Notice of Denial and Appeal Rights,"if applicable; (10) Signed and dated"Building Assessment"form,to include at a minimum,existing efficiencies of all heating and cooling appliances; (11) "Attic Inspection"form(local design allowed); (12) "Wall Inspection"form(local design allowed); (13) Documentation of pre weatherization carbon monoxide readings for all combustible appliances; (14)Documentation of post weatherization carbon monoxide readings for all combustible appliances; (15) "Blower Door Performance Standards and Data Sheet"; (16) "Duct Blower Data Sheet"(if applicable); (17)Refrigerator metering information; (18) Signed client"Refrigerator Replacement Form"(if applicable); (19) Completed,signed and dated"Priority List"form(if applicable),- (20) pplicable);(20)A complete copy of the approved State of Texas Energy Audit(if applicable); (21) A complete"Energy Audit Data Collection Form"(local design allowed); (22) A complete electronic copy of the approved State of Texas Energy Audit; (23) 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;and (24) Signed client receipt of"Mold-Like Substance Notification and Release Form for Texas Weatherization Programs". C. For each multi-family project weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a master file containing the following information: (1) "Multifamily Project Building Data Checklist"; (2) "Multifamily Project Completion Checklist"; (3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units"; (4) "Landlord Agreement"form; (5) "Landlord Financial Participation Form";and (6) Significant Data Required in all Multifamily Projects D. Materials standards documentation for weatherization material purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A to Part 440 of the WAP Regulations. E. 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 §§600.153 and 600.642 of the WAP Regulations. Subrecipient shall include the requirements of this Subsection in all subcontracts. Page 6 of 21 F. 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). G. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures. 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 Contract Term a Performance Report listing demographic information on all units completed in the previous month and an Expenditure Report listing all expenditures of funds under this Contract during the previous month. These reports are due even if Subrecipient has no new activity to report during the month.Both reports shall be submitted electronically. B. Subrecipient shall electronically submit to Department no later than forty-five (45) 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 ineligibility to receive additional funds or additional contracts. C. Subrecipient shall submit to Department no later than forty-five (45) 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 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 tools and equipment on hand as of the last day of the Contract Term. D. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15) days after the end of each month of the contract for units weatherized under this Contract. E. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required by DOE pursuant to §440.25 of the WAP Regulations, by the U.S. Department of Health and Human Services,or by Department. F. 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 Contracts of subsequent terms, funds may be withheld or this Contract suspended or terminated by Subrecipient's failure to submit a past due report or response(including a report of audit)from a prior Contract Term. G. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contractor Registration (CCR) System number. The DUNS number must be provided in a document from Dun and Bradstreet and the current CCR number must be submitted from a document retrieved from the https://www.sam.gov/portal/public/SAM/ website. These documents must be provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number for the entire Contract Term. SECTION 11. CHANGES AND AMENDMENTS A 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, so long as the amendment request is submitted to the Department in writing and the Department approves it. B. 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. If any Party returns an executed copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission, to be its original signature. Page 7 of 21 C. Written requests for Contract amendment must be received by the Department by no later than forty-five (45)days prior to the end of the Contract Term. SECTION 12. PROGRAM INCOME Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds provided under this contract in accordance with the Uniform Grant Management Standards Common Rule,§_.25,OMB Circular A-102,Attachment,2e. SECTION 13. INDEPENDENT SUBRECIPIENT It is agreed that Department is contracting with Subrecipient as an independent contractor. SECTION 14. PROCUREMENT STANDARDS A. Subrecipient shall comply with OMB Circular A-102, 10 C.F.R. §600.236(b-i)and 10 TAC§5.10. 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. Upon the termination or non-renewal of this Contract, Department may transfer title to any such property or equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit price of an item of equipment)of$5,000 or more to itself or to any other entity receiving Department funding. SECTION 15. SUBCONTRACTS A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to expenditure and performance reporting and drawing funds through the Community Affairs Contract System. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client assistance will be subject to monitoring by the Department as per Section 20. 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 under this section does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval under this Section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. C. Every initial assessment, every approved State of Texas Energy Audit, and every final inspection is the sole responsibility of the Subrecipient. Subrecipients may request in writing that the Department permit the Subrecipient to subcontract the performance of assessments, audits and final inspections. The Department will review each request separately to determine whether the request will be granted. SECTION 16. 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: Page 8 of 21 (1) Subrecipients expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shall have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations" issued June 30, 1997. For purposes of Section 16, "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, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with OMB guidelines. 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 may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract. (3) Subrecipient shall submit two (2) copies of such audit report and any associated management letter to Department's Compliance and Asset Oversight Division within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subrecipient shall make the audit report available for public inspection within thirty (30) days after receipt of the audit report(s). Audits performed under this Section 16 are subject to review and resolution by Department or its authorized representative. Subrecipient shall submit such audit report to the Federal clearinghouse designated by OMB in accordance with OMB A-133. (4) The audit report must include verification of all expenditures by budget category, in accordance with the"Budget and Performance Statement"attached as Exhibit A to this Contract. B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an allowable charge under Federal awards. C. Subsection A of this Section 16 notwithstanding, 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. Subsection A of this Section 16 notwithstanding, Subrecipients expending less than $500,000 in Federal financial assistance may arrange for the performance of an annual financial statement audit. Such audit should include verification as required in Subsection 16(A)(4)of this section. F. 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. G. Subrecipient shall procure audit services through an open, competitive process at least once every five 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. H. 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) days after the Subrecipient's fiscal year end. Page 9 of 21 SECTION 17. MANAGEMENT OF EQUIPMENT AND INVENTORY A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of $5,000 or more per unit must receive prior approval from the Department before the purchase is made. B. Subrecipient shall develop and implement a property management system, which conforms to the uniform administrative requirements referenced in Section 6. 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. D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of five thousand and no/100 dollars($5,000)or more. E. In addition to the inventory of 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 18. BONDING AND INSURANCE REQUIREMENTS A. If Subrecipient will enter in to a contract for weatherization activities with a third-party in the amount of $25,000 or greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient enters into a contract with a prime contractor in excess of $100,000, a performance bond in the full amount of the contract is also required. These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be documented prior to the start of weatherization activities. B. The Subrecipient is basically a self-funded entity 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 consider securing adequate coverage for all units to be weatherized. 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. D. Subrecipients 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. Page 10 of 21 SECTION 19. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 20. TECHNICAL ASSISTANCE AND MONITORING A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract. Installation of weatherization materials shall be in accordance with the Material Installation Standards Manual. B. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance with the terms of this Contract. Department's monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and management procedures and systems in order to comply with State or Federal requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this Contract or invoke other remedies Department determines to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or its designee may conduct an ongoing program evaluation throughout the Contract Term. SECTION 21. LEGAL AUTHORITY A. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms. B. 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. Department shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipient, to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for performance of the provisions of this Contract, if the Department has terminated this Contract for reasons enumerated in this Section 21. Page 11 of 21 SECTION 22. COMPLIANCE WITH LAWS A. FEDERAL STATE AND LOCAL LAW. Subrecipient shall comply with the WAP Act, WAP Regulations, any applicable Office of Management and Budget (OMB) Circulars, the Texas DOE WAP State Plan; the WAP State Rules, and all federal, state, and local laws and regulations applicable to the performance of this Contract. B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract that it is implementing the Drug-Free Workplace Act of 1988. C. PRO-CHILDREN ACT OF 1994. Subrecipient shall follow the requirements of the Pro-Children Act of 1994, (20 U.S.C. Sec. 6081 et seq.) which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governments by Federal grant, contract, loan or loan guarantee. D. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful access to the program. Meaningful access may entail provide language assistance services,including oral and written translation,where necessary. SECTION 23. 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 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. B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the WAP. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any identified instances of waste,fraud,or abuse. C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this Contract or of any law or regulation to Department or to any appropriate law enforcement authority,if the report is made in good faith. SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that Subrecipient/Local Operator, 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. Section 1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies Subrecipient of the violation. SECTION 25. CONFLICT OF INTEREST/NEPOTISM A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. 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. Page 12 of 21 C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of the Subrecipient. D. Subrecipients who are local governmental entities shall, in addition to the requirements of this Section, 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 SECTION 26. POLITICAL ACTIVITY PROHIBITED A. Funds provided under this Contract shall not 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. Funds provided under this Contract may not 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. SECTION 27. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. A person shall not 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, on the grounds of race,color,religion,sex,national origin,age,disability,political affiliation or belief. B. 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. C. Subrecipient will include the substance of Section 27 in all subcontracts. SECTION 28. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS The Department may not award a Contract that includes proposed financial participation by a person who, during the five year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24,2005. By execution of this Contract, the Subrecipient/Local Operator hereby certifies that it is eligible to participate in this Program and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. SECTION 29. TRAINING AND TECHNICAL ASSISTANCE FUNDS A. 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§5.532 of the WAP State Rules. B. Travel funds are to be used only for Department-approved training events. Subrecipient shall adhere to OMB Circular A-87 and either its board-approved travel policy, or in the absence of such a policy, the State of Texas travel policies. Page 13 of 21 SECTION 30. MAINTENANCE OF EFFORT Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source, nor may they in any way serve to reduce the funds or resources, which would have been available to or provided through Subrecipient,had this Contract never been executed. SECTION 31. DEBARRED AND SUSPENDED PARTIES By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it will not award any funds provided by this Contract to any party that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the System for Award Management (SAM) at www.sam.gov and including a copy of the results in its project files. SECTION 32. NO WAIVER No right or remedy given to Department by this Contract shall preclude the existence of any other right or remedy, nor hall 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 33. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract. B. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: (1) Exhibit A,Budget and Performance Statement (2) Exhibit B, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (3) Exhibit C,PRWORA Requirements (4) Exhibit D,Documentation of Disability SECTION 34. SEVERABILITY If any section or provision portion of this Contract is held to be invalid or unenforceable by a court of competent jurisdiction,the remainder of it shall remain valid and binding. SECTION 35. HISTORICAL PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (16 U.S.C. 470) (NHPA). The Department has provided guidance through the best practice document posted on the Department's website at http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-BP-HistoricPresFiowchart.pdf. SECTION 36. USE OF ALCOHOLIC BEVERAGES Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages,or for the purchase of alcoholic beverages. Page 14 of 21 SECTION 37. APPEALS PROCESS In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, terminated or not acted upon in a timely manner. Subrecipient must establish a denial of service complaint procedure in accordance with §5.505 the State WAP Rules. SECTION 38. SPECIAL CONDITIONS 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. SECTION 39. FORCE MAJURE If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform hereunder: A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines, embargoes and other similar unusual actions of federal,provincial,local or foreign Governmental Authorities;and B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means. SECTION 40. 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. Page 15 of 21 SECTION 43. NOTICE A. If notice is provided concerning this Contract,notice may be given at the following(herein referred to as "Notice Address"): As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P.O.Box 13941 Austin,Texas 78711-3941 Attention: Michael De Young Telephone:(512)475-2125 Fax:(512)475-3935 michael.deyoung@tdhca.state.tx.us As to Subrecipient: City of Fort Worth 4200 South Fwy Ste 2200 Fort Worth,TX 76115 Attention:Susan Alanis,Assistant City Manager Telephone:(817)392-8180 Fax:(817)392-6134 Email:susan.alanis@fortworthtexas.gov B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or five 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 is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this Contract,venue shall lie in Travis County,Texas. EXECUTED to be effective on: 9/8/2014 City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Title: Assistant City Manager Date: April 9,2015 8:19 am TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Timothy K.Irvine Title: Its duly authorized officer or representative Date: April 15,2015 8:33 am Page 16 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS DEPARTMENT OF ENERGY CONTRACT NO. 561400001992 PERIOD SEPTEMBER 8, 2014 THROUGH JUNE 30, 2015 APPROVED AS TO FORM AND LEGALITY: Tyler Wal Assistant ity Attorney ATTEST: AaAy r'114 E.. g 73 City Secr ry V 8 $° op�* M&C C-27232 00000000 Dated: March 15, 2015 x A� CITY OF FORT WORTH By: Susan Alanis (signed electronically-see attached contract) Title: Assistant City manager Date: April 9, 2015 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: April 15, 2015 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56140001992 FOR THE FY 2014 DOE WEAT14ERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXIIIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $161,060.00 DOE WAP FUNDS CURRENTLY AVAILABLE $22,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $161,060.00 TOTAL ANTICIPATED DOE WAP FUNDS $22,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term.Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES FUNDS Administration $16,106.00 Liability/Pollution Occurrence Insurance $7,533.00 Fiscal Audit $800.00 Materials/Program Support/Labor $109,297.00 Health and Safety $27,324.00 SUB-TOTAL $161,060.00 Training and Technical Assistance $22,000.00 TOTAL $183,060.00 Page 17 of 21 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: 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. Subrecipients are limited to two (2) requested budget amendments during the current Contract Term. Only those written request(s) from the subrecipients received at least forty-five (45) days prior to the end of the Contract Term will be reviewed. TDHCA may decline to review written requests received during the final forty-five(45)days of the Contract Term. 2 Denotes maximum dollar amount permitted for administration based on 10.00% of the total allowable expenditures excluding travel for training. 3 Denotes maximum $2,000 for liability insurance and the remaining balance for pollution occurrence insurance. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training / travel only. The Department must pre-approve any training and travel expenses. PERFORMANCE Subrecipient's service area consists of the following Texas counties: TARRANT Work orders must be submitted to weatherization contractors no later than June 30, 2015 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than July 30,2015. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period no to exceed 45 days from the end of the Contract Term defined in Section 2 of this 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 $6,904.00 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. Page 18 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUN'ITY AFFAIRS CONTRACT NO.56140001992 FOR THE FY 2014 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT B 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, 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, U.S.C. 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. City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Title: Assistant City Manager Date: April 9,2015 8:19 am Page 19 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO.56140001992 FOR THE FY 2014 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT C 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"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. § 1601 et. seq., as amended by the Omnibus Appropriations Act, 1997,Pub.L. 104-208. 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. An exception to the requirement of verification of alienage status applies when the applicant's eligibility is determined by a non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable." An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generally accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously-affiliated organizations and educational organizations.(Federal Register on November 17, 1997 at 62 Fed.Reg.61344) Page 20 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56140001992 FOR THE FY 2014 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT D DOCUMENTATION OF DISABILITY City of Fort Worth, a political subdivision of the State of Texas 1. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable only for eligible units for which a whole house assessment has been completed and either health and safety issues documented or an Energy Audit showing a Savings-to-Investment Ratio of 1 or greater for the repair, purchase and/or replacement has been completed. No other reason for repair, purchase and/or replacements, including medical reasons, shall be accepted. Under NO CIRCUMSTANCES should clients' medical information be collected or kept by Subrecipients. 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 21 of 21 v(&--G Review Pagel of Official site . FORTWORTII CITY COUNCILAGENDA 'y COUNCIL ACTION: Approved on 3/17/2015 -Ordinance No. 21689-03-2015 DATE: 3/17/2015 REFERENCE NO.: **C-27232 LOG NAME: 8OTDHCA-DOE SUP-2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Ratify Acceptance of a Grant from the Texas Department of Housing and Community Affairs for Unexpended Funds from the 2014 U.S. Department of Energy Weatherization Assistance Program in the Amount Up to $183,060.00, Ratify Execution of the Related Contract and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Ratify acceptance of a grant from the Texas Department of Housing and Community Affairs for unexpended funds from the 2014 U.S. Department of Energy Weatherization Assistance Program in the amount up to $183,060.00; 2. Ratify the execution of the related grant contract with the Texas Department of Housing and Community Affairs; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$183,060.00. DISCUSSION: The City has operated the Weatherization Assistance Program (WAP), an energy conservation initiative, with grants from the Texas Department of Housing and Community Affairs (TDHCA) since 1982. This funding is in addition to the existing Low Income Housing Energy Assistance Program funds provided by TDHCA, which funds approximately $2,000,000.00 on an annual basis. The program serves low-income residents in Tarrant County by weatherizing their homes. Weatherization measures include attic insulation, weather-stripping, caulking, repair and /or replacement of windows and doors and other minor repairs. The WAP's goal is to weatherize approximately 19 houses with funding from this grant in Fort Worth and Tarrant County. This program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director 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, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 488954 08020OXXXXXX $183.060.00 GR76 5XXXXX 08020OXXXXXX $183.060.00 Submitted for City Manager's Office by: Susan Alanis (8180) ittp://apps.cfwnet.org/council 4/7/201. vJ&G Review Page 2 of Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 80TDHCA-DOE SUP-2 GR76 A014.docx ittp://apps.cfwnet.org/council_packet/mc_review.asp?ID=20838&councildate=3/17/2015 4/7/201.