HomeMy WebLinkAboutRES 10-196 RESOLUTION NO. 10-196
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS,on June 30,2009, City Council approved Resolution 09-197 authorizing
a contract in an amount up to $1,382,533 through the Texas Weatherization Assistance
Program, a reimbursement program provided by the Texas Department of Housing and
Community Affairs (TDHCA); and
WHEREAS, TDHCA split the initial grant amount to ensure proper administration
of the program prior to releasing all of the funding; and
WHEREAS, TDHCA has proposed an amendment to the original contract,
substantially in the form attached hereto as Exhibit "A," to increase the amount of grant
funding from $750,728 to $1,506,338; and
WHEREAS, the amendment must be executed by the City;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the documents
amending the contract with TDHCA for participation in the Texas Weatherization Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July,
2010. =
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- Mayor Becky Ames -
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA4 81.042)
SECTION 1. PARTIES TO CONTRACT
This contract (hereinafter "Contract") is made by and between the Texas Department of Housing and Community Affairs,
an agency of the State of Texas (hereinafter the "Department") and City of Beaumont (hereinafter the "Subrecipient").
The term of this Contract shall be for the period identified under Attachment A — Budget and Performance Document
(hereinafter the"Attachment A").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafter the"Contract Term").
SECTION 3. DESIGNATED CONTRACTOR CONTACTS
Subrecipient shall designate, in writing, at the time Subrecipient executes this Contract, one or more responsible and
qualified individuals as points of contact with the Department to maintain a flow of current information relating to the
receipt,deployment,reporting,management and use of funds received under this Contract.
SECTION 4. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance
Program (WAP) in accordance with the budget described in Attachment A of this Contract. 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 to
households with elderly, persons with disabilities, households with young children that are age five (5) or younger, and/or
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. §6861 et seq.); the US. 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 ARRA State Plan; State weatherization
regulations; Texas Administrative Code: 10 TAC §5.10—§5.20; §5.501--§5,508; §5.521-§5.532; and §5.601—§5.609. The
International Residential Code; International Energy Conservation Code; or in accordance with jurisdictions authorized by
State law to adopt later editions;and the terms of this Contract.
SECTION 5. 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 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. Funding of the full contract is contingent upon federal release
and adequate contractor performance on Ist half award of this contract and 10 TAC Chapter 5 Subchapter 1,
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.§44022;
(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;
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EXHIBIT "A"
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for in 10
C.F.R§440.18(e)(2);
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 9 of
this Contract,
(5) is not incurred during the Contract term,
(6) is not reported to Department on a monthly ARRA expenditure report and/or a monthly ARRA performance
report,within sixty(60)days of the termination ofthe Contract term;
(7) is subject to reimbursement by a source other than Department;
(8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation,
including,but not limited to,those enumerated in this Contract;or
(9) is used for any casino or other gambling establishment,aquarium,zoo,golf course,or swimming pool.
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. The Department reserves the right to evaluate the performance and expenditures on this contract and transfer funds at
the sole discretion of the Department. Underperformance under this contract may result in subsequent deobligation of
funds from this contract.
SECTION 6. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP funds under Attachment A by submitting a
monthly expenditure Report to Department (through the electronic reporting systern) at its offices in Travis County,
Texas. Subrecipient must maintain and follow written procedures to 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 to perform contractual
obligations 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, 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, 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 9 of this
Contract.
SECTION 7. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
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 Uniform Grant and Contract Management Standards, 1 T.A.C. § 5.141
et seq. (the "Uniform Grant Management Standards"); 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 govemments are set forth in OMB
Circular No.102 and for non-profits in OMB Circular No.110.
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SECTION 8. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS AND SUBCONTRACI'ORS
Notwithstanding any other provision of law and in a manner consistent with other provisions of the American Recovery
and Reinvestment Act of 2009, all laborers and mechanics employed by Subrecipient and subcontractors on projects
funded directly by or assisted in whole or in part by and through the federal government pursuant to the American
Recovery and Reinvestment Act of 2009 shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code. All implementing regulations, notices, guidance and any other requirements issued by the
federal government related to Subrecipient's performance under this Contract.
SECTION 9. 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 shall be used for the purchase of
alcoholic beverages.
SECTION 10. 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, the Texas Administrative Code: 10 TAC §5.17 (Sanctions and Contract Close Out), any state weatherization
regulation and the WAP State Plan. Department shall notify Subrecipient in writing no less than thirty (30) days prior
to the date oftermination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately
suspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. 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 the suspension of this
Contract. The termination or suspension of this Contract notwithstanding, Subrecipient shall not be relieved of any
liability for damages due to Department by virtue of any prior or future 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.
SECl'ION 11. ALLOWABLE EXPENDITURES
A. The allowabiliry 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. §440.18, 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 be listed on a DOE approved State of Texas
Priority List or have an approved State of Texas Energy Audit savings-to-investment ratio (SIR) of one or greater
unless otherwise indicated. 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 10 C.F.R. Part 440, Appendix
A, State of Texas adopted International Residential Code (IRC) or in accordance with jurisdictions authorized by State
law to adopt later editions.
Allowable WAP expenditures under Attachment A include:
(l) purchase and delivery of weatherization materials as defined in 10 C.F.R.§440.3,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 10 C.F.R.§440.19,
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(3) weatherization materials and labor for beating 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 ofvehicles 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
Department and 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 Attachment A 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. 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 90 days prior to the end of the Contract term before
these funds can be moved.
C. 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 Attachment 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 90 days prior to the end of the
Contract term before these funds can be moved.
D. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to
exceed Two Thousand Dollars ($2,000.00) shall be an allowable WAP expenditure wider 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. If Subrecipient is allowed to waive the liability insurance limit, amounts in excess
of the $2,000 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
and 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.
Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent contractors or
the independent contractors must obtain the coverage.
E. Fiscal audit expenses for the weatherization program not to exceed One Thousand Dollars ($1,000.00) shall be allowed
under Attachment A,subject to Section 15.
F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
under the direction of qualified supervisors.
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SECTION 12. USE OFAMERICAN IRON,STEEL,AND MANUFACTURED GOODS
Contractor shall not use any of the funds provided pursuant to this Contract for a project for the construction, alteration,
maintenance, or repair of a public building or public work tmless all of the iron, steel, and manufactured goods used in the
project are produced in the United states except as provided in Section 1605 of the American Recovery and Reinvestment
Act of 2009.
SECTION 13. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such
additional record keeping requirements as specified by Department.
B. For each dwelling writ weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a
file containing the following information:
(1) 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),and persons with disabilities;
(2) 12 month customer billing history for utilities or consumption disclosure 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.P.R. §440.22. All proof of income roust reflect earnings from within 12 months of the start date indicated on
the building weatherization report (BWR). Proof of income documentation requirements are the same for both
single and multifamily housing; effective January 1, 2005, all new applications must have proof of income or
Declaration of Income Statement for the previous 30 days;
(4) BWR 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 foram and
Permission to Conduct Energy Audit Form (Department form); and all other Landlord forms found in the Energy
Assistance Section of the Departments website.
(8) Self-help Certification(Department form),if applicable;
(9) Notice of Denial(Department form),ifapplicable;
(10) Signed and dated Building Assessment form,
(t I) Attic Inspection(local design allowed);
(12) Wall Inspection(local design allowed);
(13) Justification for Omission of Priorities(local design allowed),if applicablc;
(14) Documentation of pre weatherization carbon monoxide readings for all combustible appliances.;
(15) Documentation of post weatherization carbon monoxide readings for all combustible appliances.
(16) Blower Door Data Sheet;
(17) Copy of the cover sheet, SIR page, and Suggested Repairs and Measures page for the approved State of Texas
Energy Audit;
(18) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless
using computer based audit);
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(19) Signed client receipt of Lead Safe Information(for homes built in 1978 or prior);and
(20) Refrigerator replacement form(ifapplicable).
C. Materials standards documentation for weatherization materials purchased under this Contract must be maintained.
These standards must meet the requirements according to Appendix A of 10 CFR 440.
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 WAY 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,TEXAS GOVERNMENT CODE ANNOTATED Chapter 552.
F. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures.
SECTION 14. REPORTING REQUIREMENTS
A. On or before the fifth (5th) day of the month, Subrecipient shall electronically submit a Performance Report and
Expenditure Report to the Department reporting all activities up to the last day of the previous month. These reports
are due each month even if Subrecipient has no new activity to report during the month. Subrecipient must submit the
first Performance Report and Expenditure Report no later than October 5, 2009 regardless of whether Subrecipient
makes a fund request.
R. Subrecipient shall electronically submit to Department no later than sixty (60) days after the end of the Contract term
of this Contract 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 sixty (60) 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 vehicles,tools,and equipment on hand as of the last day of the Contract term.
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.§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 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.
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SECTION I5. ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS
Subrecipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall
assist Department in preparing and filing the Department's recipient reports required by Section 1512(c) of the American
Recovery and Reinvestment Act of 2009. Subrecipient shall provide to the Department, not later than five (5) calendar
days after the end of each calendar quarter;the following information:
A. An estimate of the number ofjobs created and the number of jobs retained by the project or activity,
B. For infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure
investment with funds made available under this Contract, and the name of the person to contact, and contact
information,if there are concerns with the infrastructure investment,
C. The names and total compensation of the five most highly compensated officers of the entity if:
(1) the recipient in its preceding fiscal year received.
a. 80 percent or more of its annual gross revenues in Federal awards;and
b. $25,000,000 or more in annual gross revenues from Federal awards;and
(2) the public does not have access to information about the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986[26 U.S.C.§6104];
D. Vendor information including description of product or service,name,zip code,DUNS number,payment amount and
E. Any other information requested by the Department related to the Contract.
SECTION 16. 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 and Subrecipient is on constrtnc:tive notice of
this change whether actual notice is provided. Except as otherwise specifically provided herein any other change in the
terns of this Contract shall be by amendment in writing and signed by both parties to this Contract.
SECTION 17. NON-BINDING GUIDANCE
Department may issue non-binding guidance to explain the rules and provide directions on the terms of this Contract.
SECTION 18. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor. 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 19. PROCUREMENT STANDARDS&SUBCONTRACTS
A. Subrecipient shall develop and implement procurement procedures, which conform to the uniform administrative
requirements referenced in Section 6 of this Contract. Subrecipient shall not procure supplies, equipment, materials, or
services for this Contract except in accordance with its procurement procedures and the Texas Administrative Code:
10 TAC §5.10-§5.12 and §5.608. All procurement contracts, other than "small purchases' shall be in writing and shall
contain the required provisions. Subrecipient must obtain advance written permission from DOE through Department
before purchasing any vehicle. Subrecipient shall include language in any subcontract that provides the Department
the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work
performed wider this Contract.
B. In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the
Department with an electronic version of any notice of procurement opportunity for posting on the Department's
website.
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C. To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed-price contracts
through the use of competitive procedures. Subrecipient shall post a summary of any contract awarded with such funds
that is not fixed-price and not awarded using competitive procedures on the federal website established pursuant to
Section 1526 of the American Recovery and Reinvestment Act of 2009.
D. 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.
E. It is the sole responsibility of Subrecipient's authorized weatherization staff to perform every initial assessment, every
approved State of Texas Energy Audit, and every final inspection. In an emergency situation, Subrecipient may
request in writing 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 20, AUDIT
A. Subrecipient shall arrange for die 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) Suhrecipients expending $500,000 or more in federal financial assistance for any fiscal year ending on or after
December 31, 2003, 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 27,
2003, "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 tern includes awards of federal financial assistance
received directly from federal agencies,or indirectly througlr other units of state and local government.
(2) Subrecipient shall 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, 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, and 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 16 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
Monthly Expenditure Report submitted to close out the contract year.
B. Subsection A 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
§16(Ax4).
C. Subsection A 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 Iiable 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.
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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 21. 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 Department but are held in
Lust 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 $5,000.00 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 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
Dollars($5,000.00)or more.
E. 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 ofthe difference.
Page 9 of 29
SECTION 22. 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 may obtain 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 and
safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient shall review existing
policies to ensure that lead contamination is covered and if not, secure adequate coverage for all units to be weatherized.
Additional liability insurance costs may be paid from administrative or program support categories. The Department
strongly recommends the subrecipient require their contractors to carry pollution occurrence insurance to avoid being
liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take
for implementing the pollution occurrence insurance coverage.
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.
Subrecipients must also require all contracting independent subcontractors to have general liability insurance.
Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent subcontractors or
the independent subcontractors must obtain the coverage.
SECTION 23. 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 fumish to Department copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 24. TECHNICAL.ASSISTANCE AND MONITORING
Department or its designee may conduct periodic technical assistance visits, 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 Subrccipient'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 tv correct any deficiency within a reasonable
period of time.
SECTION 25. 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 terns 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 ofthis Contract.
Page 10 of 29
SECTION 26. 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 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 27. HB 1196 CERTIFICATION
Subrecipient / Local Operator certifies that it, or a branch, division, or department of Subrecipient / Local Operator 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 / Local Operator, or a
branch, division, or department of Subrecipient / Local Operator is convicted of a violation under 8 U.S.C. Section 1324x,
Subrecipient / Local Operator shall repay the public subsidy with interest, at a rate of 50% per annum, not later than the
120th day after the date TDHCA notifies Subrecipient/Local Operator of the violation.
SECTION 28. SB 608 CERTIFICATION
Under Section 2261.053, Texas Goverment Code, Subrecipient I Local Operator certifies that it is not ineligible to
receive this contract and acknowledges that this contract may be terminated and payment withheld if this certification is
inaccurate.
SECTION 29, 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 On 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.
Page I I of 29
SECTION 30. 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.
R. 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 govemment 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 Member of Congress in connection with this Contract, Subrecipient shall complete and
submit a Certification Regarding Lobbying form in accordance with its instructions- No state funds may be given to
persons who are required to register wider TX GOVT CODE ANN 305.
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 31. REQUIRFNIENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND REMEDIES
Any employer receiving finds under this Contract shall post notice of the rights and remedies afforded whistleblowers
under Section 1553 ofthe American Recovery and Reinvestment Act of2009.
SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground(s) 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 33. JOB POSTINGS ON WORKINTEXAS.COM
Subrecipient must post all oftheir Contract-related job opportunities on the Workintexas.com website.
SECTION 34. 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.
SECTION 35. 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 the Texas Administrative Code: 10 TAC §5.532. For Training and Technical Assistance other than State or DOE
sponsored Subrecipient must receive prior written approval from the Department.
R. 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.
Page 12 of 29
SECTION 36. 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 aveable to or provided through
Subrecipient,had this Contract never been executed.
SECTION 37. 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 render Executive Order 12549,
"Debarment and Suspension and 45 CFR Part 76."
(2)Subrecipient certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declared
ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency.
(3)Where Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this Contract.
(4)Subrecipient shall include in any subcontracts that failure to adequately perform under this Contract may result in
penalties up to and including Debarment from performing additional work for the Department.
SECTION 38. 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 39. 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 40. LEGAL USE OF FUNDS CERTIFICATION
Subrecipient hereby certifies, as a condition to receiving funds from the Department under this Contract, that the funds
will be used in accordance with state and federal laws.
SECTION 41. COMMENCEMENT OF ACTIVITY
Prior to the commencement of any home related weatherization expenditures, Subrecipients must attend the September,
2009 Weatherization 101 training conducted by the Department.
SECTION 42. 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.
Page 13 of29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDAt S 1.042)
AMENDMENT NUMBER: 1
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and City of Beaumont (hereinafter the "Subrecipient") do hereby contract and agree to amend the
contract by and between the parties identified on Department records as Contract Number 16090000702("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafer the"Contract Term").
SECTION 3.
The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment,
SECTION 4. AGREEMENT
The parties hereto agree that all other terns of the Contract shall remain in effect as therein set forth and shall continue to
govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized tern not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
Page 14 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA4 81.042)
AMENDMENT NUMBER: 2
ATTACHMENT A-BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: City of Beaumont
DEPARTMENT FINANCIAL OBLIGATIONS
$1,382,533.00 ARRA FUNDS CURRENTLY AVAILABLE
$123,805.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$1,382,533.00 TOTAL ANTICIPATED ARRA FUNDS
$123,805.00 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 DEPARTMENT SHARE
Z Administration $69,127.00
3 Liability/Pollution Occurrence Insurance S9,246.00
Fiscal Audit S2,000.00
Materials I Program Support/LaboT $ 1,041,728.00
4 Health and Safety $260,432.00
SUB-TOTAL $1,382,533.00
5 Training and'Cechnical Assistance $123,805.00
TOTAL $1,506,338.00
Page 15 of 29
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will
make any adjustments to the budget categories. The only categories that can be reduced are the Administration,
Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested
budget revisions during the current contract term. Only those written request(s) from the Subrecipients received at
least 120 days prior to the end of the contract term (by April 30, 2011) will be reviewed. TDHCA may decline to
review written requests received during the final 90 days of the contract term.
2 Denotes maximum for administration based on 5.00% of the total allowable expenditures excluding travel for training.
Administration for 2nd 50% of funds will be held until receipt of DOE approval of State requirements detailed
in Weatherization Program Notice 10-5.
2
Denotes$4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
4
Denotes the maximum allowed for Health and Safety expenditures.
s
Department approved training/travel only.
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
JEFFERSON
Subrecipient's service area consists of the following Texas cities:
BFATTMONT
Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract
term. ARRA costs per unit, excluding health and safety expenses, shall 1 not exceed $6,500.00 without prior written
approval from the Department.
By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This
Contract shall be binding upon the parties hereto and their respective successors and assigns.
Effective Date of Budget: 09/04/2009
Page 16of29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: I
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and City of Beaumont (hereinafter the "Subrecipient") do hereby contract and agree to amend the
contract by and between the parties identified on Department records as Contract Number 16090000702("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafter the"Contract Term").
SECTION 3.
The Contract is amended by adding Attachment B — DAVIS BACON ACT; adding Attachment C — SECTION 43.
IIISTORIC PRESERVATION, and Revising SECTION 13. RECORD KEEPING REQUIREMENTS to add item
"G Subrecpients must provide Program applications forms and educational materials in English Spanish and any other
appr=date language." as identified in its entitrety in Attachment D -- SECTION 13. RECORD KEEPING
REQUIREMENTS as attached to this Amendment.
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to
govern except to the extent that said terms conflict with the terns of this amendment. In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION S.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shalt become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
City of Beaumont
By
Date Signed:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By:
Date Signed:
Page 17 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: 1
ATTACHMENT B-DAVIS BACON ACT
SUBRECIPIENT NAME: City of Beaumont
Prescription: Include for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT("RECOVERY ACT")Clauses are required.
CLAUSE XX. DAVIS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause XX, Contract Work Hours and Safety Standards Act, and Clause XX,
Recipient Functions,the following definitions are applicable:
(1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis-Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects
finrded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.
(2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the
Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site
thereof,including without limitation—
(a) Altering,remodeling,installation(if appropriate)on the site of the work of items fabricated off-site;
(b) Painting and decorating;or
(c) Manufacturing or furnishing of material s,articles,supplies,or equipment on the site of the building or work,
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and
services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall
include subcontracts and lower-tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is
responsible for the business management and non-program aspects of the financial assistance process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include
subcontractors and lower-tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant
directly from the Federal Government. The term includes the State that receives an Award from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(7) "Site of tine work'--
(a) Means--
(i) The physical place or places where the construction called for in the Award, Subaward, or Contract will
remain when work on it is completed;and
(ii) Any other site where a significant portion of the building or work is constructed, provided that such site
is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants,
mobile factories,batch plants,borrow pits,job headquarters,tool yards,etc.,provided—
(1) They are dedicated exclusively,or nearly so,to performance of the project;and
Page IS of 29
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or
(7)(a)(ii)ofthis definition,and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a
supplier of materials for the project before opening of bids and not on the project site as defined in
paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work" Such
permanent, previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or
Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under
an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier Subrecipient. The term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does not include the Recipient's procurement of goods and services to carry out the program nor does it include
any form of assistance which is excluded from the definition of"Award"above.
(9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through entity
[Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a
program. The term includes a Cornmwrity Action Agency (CAA), local agency, or other entity to which a
Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards
clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by
contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal
Government pursuant of the Recovery Act,
B.Drnds Bacon Act
(1)(a)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
less often thatt once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor wider the Copeland Act (29 CFR
Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and
mechanics.
(i) Applicable to recipient Only- Prior to the issuance of the Subaward or Contract, the Recipient shall notify
the Contracting Officer of the site of the work in order for the appropriate wage determination to be
obtained by the Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify
the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
(b)Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to
the provisions of paragraph 13(4) below, also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period,are deemed to be constructively made or incurred during such period.
(c)Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without regard to skill, except as provided in the
paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein; provided that the employer's payroll records accurately set forth the time spent in each classification in
which work is performed.
Page 19 of 29
(d)The wage determination (including any additional classifications and wage rates conformed under paragraph
B(2) of this Clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Subrecipient and
Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(2)(a)The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Subaward or Contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an additional classification and wage rate
ad fringe benefits therefore only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
detennination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bear a reasonable relationship to the wage
rates contained in the wage determination.
(b)If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the
classification (if known), or their representatives agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S.Department of Labor
Washington,DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(c)In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed
in the classification, or their representatives, do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(d)The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or
B(2)(c) of this Clause shall be paid to all workers perforating work in the classification under the Award,
Subaward,or Contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or
Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor
has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
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C.Rates of Wages
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in
performance of work at the project site, as determined by the Secretary of Labor to he prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the pertinent locality,are included w an attachment to the Award,Subaward,or Contract
(2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the
Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
D.Payrolls and Basic Records
(1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security number of
each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section
l(b)(2)(B) of the Davis-Bacon Act), daily ad weekly number of hours worked, deductions made, and actual
wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled
David-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section I(bx2XB) of die Davis-Bacon
Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(2)(a)The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all
payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or
Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each
week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer.
The payrolls submitted shall set out accurately and completely all of the information required to be maintained
tinder paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this
purpose from the Wage and Hour Division Web site at h_ptt '//www dot govlesa/whd/fos/wh347instr.htm or its
successor site.
(b)The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls
and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of
the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shall also obtain and provide the full social security number and current address of
each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social
security numbers to the Recipient for its own records,without weekly submission to the Contracting Officer.
(c)Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify—
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(i) That the payroll for the payroll period contains the information required to be maintained under paragraph
D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(I) of this
Clause,and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward
or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the frill
wages earned,other that permissible deductions as set forth in the Regulations,29 CFR Part 3;and
(iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the Subaward or Contract.
(d)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WU-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
D(2)(c)of this Clause.
(e)The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may
subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 3729 of Title 31 of the United States Code.
(3) The Recipient, Subrecipeent, or Contractor shall make the records required under paragraph D(1) of this Clause
available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the
Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Recipient, Subrecipient, or Contractor frails to submit the
require records or to make them available, the Contracting Officer may after written notice to the Recipient,
Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debamrent action pursuant to 29 CFR 5.12.
E.Withholding offunds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other
contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to
Davis-Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the
Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by
the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
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(2) The Recipient shall, upon its own action or upon written request of the DOE Contractbig Officer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or
Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any taborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased or the Government may cause the suspension of any further payment
under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Subrecipient or
Contractor.
F.Apprentices and Trainees
(1) Apprentices.
(a)An apprentice will be pen mitted to work at less than the predetermined rate for the work they performed when
they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the
OATELS,or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even
though not individually registered in the program, if certified by the OATELS or a State Apprenticeship
Agency(where appropriate)to be eligible for probationary employment as an apprentice.
(b)The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered
program.
(c)Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
(d)Where a Subrecipient or Contractor is performing construction on a project in a locality other than in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
(e)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination.
(e)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an
apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
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(2) Trainees
(a)Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by OATELS.
(b)Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
Progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall
be paid not less than the applicable wage rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate in the wage determination for the work
actually performed.
(c)In the event OATELs withdraws approval of a training program, the Subrecipient or Contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
G.Compliance with Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the Award,Subaward or Contract.
TL Subawards and Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled
"Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require, The Recipient
shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements
contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward,the Recipient shall deliver to the Contracting Officer a completed
Standard Form(SF)1413,Statement and Acknowledgment,for each Subaward and Contract for construction
within the United States,including the Subrecipient's and Contractor's signed and dated acknowledgment that
this Clause)has been included in the Subaward and any Contracts. The SF 1413 is available from the
Contracting Officer or at
Ltq?J/egntacts,gsa eov/webforms nsf/0/7UB4872D16EE95A785256A26004F7EA8/Sfr_le/sfl4l3 o ndf.
Within 14 days after issuance of a Contract or lower-tier subcontract,the Subrecipient shall deliver to the
Recipient a completed Standard Form(SF)1413,Statement and Acknowledgment,for each Contract and lower-
tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and
lower-tier subcontracts. SF1413 is available from the Contracting Officer or at
http//contacts esa eov/webforns nsf/0/70B4872D16EE95A785256A26004F7EA8/Sfile/sfl413Lndf.
The Recipient shall immediately provide to the DOE Contracting Officer die completed Standard Forms(SF)
1413.
L Contract Termination--Debarment
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A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a
Contractor of subcontractor as provided in 29 CFR 5.12.
J.Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby
incorporated by reference in the Award,Subaward or Contract.
IC.Disputes Concerning Labor Standards
I he United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall
not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes
within the meaning of the Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the
Department of Energy,the U.S.Department of Labor,or the employees or their representatives.
I.Certification of Eligibility
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
} Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a)of the Davis-Bacon Actor 29 CFR 5.12(a)(1).
(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of
a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
S.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S.Criminal Code,18 U.S.C. 1001,
M Approval of Wage Rates
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an
Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a
respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding
classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the Award,
Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the
Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLA USE XXX. Contract Work Hours and Safety Standards Act
This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or
Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers ad mechanics include
watchmen and guards.
A. Overtime requirements. No Subrecipient or Contractoi contracting for any part of the Subaward work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
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B. Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the Clause set forth in
paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In
addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a
Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of$10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in paragraph(A)ofthis section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOF. Contracting Officer shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on
any other federally assisted Award or contract subject to the CWHSSA, which is held by the same Recipient
such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad
liquidated damages as provided in the clause set forth in CWHSSA,paragraph B of this Clause.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of
work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract
subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined
to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated
damages as provided in clause set forth in CWIISSA,paragraph B ofthis Clause.
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA*81.042)
AMENDMENT NUMBER: I
ATTACHMENT C-HISTORIC PRESERVATION
SUBRECIPIENT NAME: City of Beaumont
SECTION 43, 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 16 U.S.C.470 the National Historic Preservation Act(NHPA). The Department has
provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the
Department website.
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TEXAS DEPARTMENT OR HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: I
ATI'ACl4MENT D-SECTION 13.RECORD KEEPING REQUIREMENTS
SUBRECIPIENT NAME: City of Beaumont
SECTION 13. RECORD KEEPING REQUIREMENTS
G. Subrecipients must provide program applications, forms and eductional materials in English, Spanish and any other
appropriate language.
Page 28 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: 2
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and City of Beaumont (hereinafter the `Subrecipient") do hereby contract and agree to amend the
contract by and between the parties identified on Department records as Contract Number 16090000702("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafter the"Contract Term").
SECTION 3.
The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment. Attachment A-Budget and Performance Document is being amended to include the 2nd year disbursement_
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Contract shall remain in effect as thereat set forth and shall continue to
govern except to the extent that said terns conflict with the terms of this amendment. In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
City of Beauront
By.
Date Sigted:
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