HomeMy WebLinkAboutRES 11-102 RESOLUTION NO. 11-102
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, on July 27, 2010, City Council approved Resolution No. 10-196
amending the original contract to increase the amount of the grant funding from $750,728
to $1,506,338; 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 by an additional amount not to exceed $1,000,000.00 and extend the deadline
from April, 2011 until December, 2011; 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 8th day of
March, 2011.
i �1
�t�, - Mayor Becky Ames -
i
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUM11ER. 160,(X)000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDAN 81.042)
SECTION 1. PARTIES TO CONTRACT
This contract (hereinafter "Cemtract'l is made by and between the Texas Department of Housing and Community Affairs,
an agency of the State of Tw m (hereinafter the `Department') and City of Beaumont (hereinafter the "SubtecipienV1.
The term of this Contract shall be for the period identified under Attachment A - Budget and Performance Doe mnont
(lardnafter the"Attachment A'J.
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafter the"Contrail Term'7.
SECTION 3. DESIGNATED CONTRACTOR CONTACTS
Subtncipient 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
Subrecipiaut shall. on an equitable basis throughout its service ares, develop and implement a Weatherization Assistance
Program (WAP) in accordance with the budget described in Attachment A of this Contrail Subrecipient shall develop
and implement the WAP to assist in achieving a proscribed level of energy efficiency in the dwellings of low-income
persons. WAP services will be provided to owner occupied units u well as natal units. Priority will be given to
households with elderly, persons with disabilities, hawdhoels with young children that are age five (5) or younger, and/or
households with a high energy burden and households with high energy consumption. Syubrecipieet shalt implement WAP
in accordance with the provisions of Part A of the Bmergy Conservation in Existing Buildings Act of 1976, as amended
(42 U.S.C. 16861 et seq.); the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R. Parts 440 and 600; any
applicable Office of Management and Budget (OMB) Circulars; the Texas ARRA State Plan; State wootherization
regulations; Texas Administrative Code. 10 TAC §5.10-§5.20; 15.501-$5.508; §5.521-$5.532; and $5.601-§5.609. The
hdanatronal 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.
SECTIONS, DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of SubrecipienVa satisfactory performance of this Contract Department shall reimburse Subrecipient
for the actual allowable costa 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 foods am not available. Department shall notify Subrecipiertt in writing within a reasonable time
after such fact is determined. Department shall then terromate 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 1st half award of this contact and 10 TAC Chapter 5 Subchapter I.
C. Department is not liable for any coat incurred by Subrecipiart which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit"defined it 10 C.F.R.§440.22;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clarance by a federal, state, or
local program within twelve months from the data weatherization of the dwelling unit is scheduled to be
eompteted;
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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.§440.19(e)(2X
(4) is for Subreeipient'e administrative costs incurred in excess of the maximum limitation $ot 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 wtpeaditsae report and/or a monthly ARRA performance
report,within sixty(60)days of the termination of the Contract fain;
(7) is subject to reimbursement by a source other than Department;
(g) 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 refuAd, within fi8aan (15) days of DepartmenVa request, any sum of money Paid to Subroeipiemt
which Department determines has resulted in an overpayment or has not been spent in Accordance with the tams of
this Contrail Department may OtTset or withhold any amount otherwise owed to Submecipient under this Contract
against any amount owed by Subrecipient to Department arising under this or any other contract between the pasties.
E. The Department reserves the right to evabu to the performance and wrpernd*" on this contract and trunafor finds at
the sole discretion of the Department Undeperfomunoe under this contract may result in subsequent deobligation of
funds from this contract-
SECTION 6. METHOD OF PAYMENTICAM BALANCES
A. Each month, Subrecipieu►t may request an advance payment of WAP funds under Atlachmeat A by submitting a
monthly agxv4*mc Report to Department (through the eloc m ue reporting system) at its officoe in Travis County,
Texas. Subrecipient most maintain and follow written pmcedoms to minimize the time elapsing between the transfer
of funds from Department and the disbursement of such finds by Submaipient
B. Subrecipiomt's requests for advances &hall be united 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 Conks& The timing and amount of cash advances shall be As close as Administratively fauible, not
to exceed a 30 day projection of the actual d'esburmnants by the SubrecipiaLL to direct program cob and the
proportionate sham of any allowable indirect coals.
C. Subsection 4(A) notwithstanding. Department reserves the right to use a cost reimbursement method of payment for all
funda if (1) Department determines that Subrocipient has maiatairod excess cash balances; (2) Department identifies
any deficiency in the cash controls or financial management system maintained by Subrecipiant, (3) Department
determines that a cost reimbursement method would benefit the program; (4) DcpartmenVe finding sour= require the
use of a cost reimbursement method; or (5) Subreeipiemt fails to comply with any of the reporting requirements of
Section 10.
D. All funds paid to Subrocipient under this Contract are paid in trust for the exclusive benefit of the eligible rmipients of
the weatheruation assistance program and for the payment of the allowable openditums identified in Section 9 of this
Contract
SECTION 7. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as expraily modified by law or the tams of this Contract, Subrocipient shall comply with the cost principles and
uniform administrative roquirentents eat forth in the Uniform Grant and Contract Management Standards, 1 T.A.C. i S.141
of eeq. (the "Uniform Gwent Management Standards); all references therein to "local government" sball be construed to
mean Subrecipmut Uniform cost principles for local governments ace set forth in OMB Circular No. 97, and for
non-profits in OMB Circular NO. 122. Uniform administrative requirements for local gwernmeebr Are set forth in OMB
Circular No.102 and for rah-pro da in OMB Circular No.110.
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SECTION@. PREVAILING WAGES AND RATES PAID TO SUBRIDCIPIENTS AND SUBCOMIRACfORS
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 Subrocipiert 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 two than those prevailing on projects of a
character similar in the locality as determined by the Socretary, 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 Submcipieat's performance under"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 ftmds 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
temrioation. Cause for texmaptim includes but is not limited to Suhbrecipient's failure to comply with any tam of this
Contract, the Tans Adminiwit ive Code: 10 TAC §5.17 (Sanctions and Contract Close Out). any state wutherization
regulation and the WAP State Plan. Department shall notify Subrecipient in writing no less than thirty (30) days prior
to the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately
suspend Subrecipiemt's performance undw this Contract if Dapattoeot identifies posarilie instances of fraud, abuse,
waste„ fecal mismanagement, or other serious deficiencies in Subroeipieot's performance. Suspension shall be a
temporary measure pending either corrective sedan by Subreeipient or a decision by Department to terminate this
Contract.
C. Depa4nest shall not be liable for any costs mcu red by SubtaciptoM after termination or during the suspension of this
Contract. The termination or suspension of this Contract nohvithstamdiog, Subroeipiaht shall not be relieved of any
liability for damages duo b Department by virtue of any prior or future breach of this Contract by Submoipiet.
Department may withhold any payment otherwise duo to Subrocipieml wail such time as the exact amount of damages
owed to Dgxdmat by Subrecipie nt is determined and paid.
SECTION 11. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determiaod in accordance
with to provisions of Satan '5 and the regulations set forth in 10 CF.R. §440.28, subject to the limitations and
exceptions set forth in this Section.
B. To the maximum extent practicable, Subvecipient shall utilize funds provided under this Contract for the purchase of
wealhaization materials. All weadicorization measures installed must be listed on a DOE approved State of Terns
Priority List or have an approved State of Texas EwW Audit savings-to-imv t 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 anrallest SIR or until
the maximum allowable per unit expenditures are achieved. Subreoipient shall woatherize eligs'ble dwelling units using
only weal ormtion materials which meat or a xcaod 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 adapt later editions.
Allowable WAP expenditures under Attachment A include:
(1) purchase and delivery of woadwriration materials as defined in 10 C.F.R.§440.3,but not to include atom door;
(2) labor costs for doors, primary windows and storm windows that will result in approval energy savings with SIR
of one ex groatex in aeoordamce with 10 C.F.I.§440.19:
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(3) weatherization materials and labor for heating and cooling system tune ups, repairs, modification, or replacements
if such will result in improved energy efficiency as demonstrated by SIR of one or better in the approved State of
Taxers Energy Audit and,whenever availablo,heating and cooling systems must have an Energy Star rating;
(4) transportation of woothorization and repair materials, tools, equipment, and work crows to a storage site and to the
site ofweatherization work;
(5) maintenance,operation,and insurance of vehicle used to transport weatherization materials;
(6) maintenance of tools and oquipment;
(7) purchase or lease of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by
Department and DOEr
(8) employment of on-site supervisory personnel;
(9) storage of waatheriration materials,tools,and equipment;
(I0) incidental repairs (such as repairs to roofs, walla, floors, and other pads of a dwelling unit) if such repairs m
necessary for the effective performaea or preservation of weatherization measures (If incidental repairs m
necessary to make the installation of the weadwriration 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, Subrecipiert
must provide written notification to the Deparbma t 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 outlim A in Attachment A. Allowable administrative casts may
include reasonable ousts associated with Subrocipient'a adminWntivo personal, travel office space, equipment, and
supplies which are necessary for the administration of WAP. Administrative costs are earned lased upon the allowable
percentage of total alowablo expenditures, excluding the allowsmce for Department / DOE Training Travel or special
equipment purchases. Subrocipind may sae any or all of the funds allowed for administrative purposes under this
Contract for the purchase and delivery of weadwram cot materials. Those Chagos will require a contract action;
therefore, Subrecipient must provide written notification to the Department at least 90 days prior to the and of the
Contract tam before theso 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 Thotrand Dollars (52,000.00) shall be an allowable WAP expenditure under Attachment A. Subrecipient
may request in writing a waiver of the limit on liability iturance. The waiver request mast provide price quotes from
at least throe (3) i menace carriers. If subsecipient is allowed to waive the liability insurance limit, amounts in Maass
of the 52,000 may be charged to the administrative or program support category. The liability insurance category has
increased to enable subracipient to purchase pollution occurrenco insurance in addition to the goneral 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 rwhow
existing policies to serum that load is covered and if not, accum adequate coverage for all units to be weatherized.
Subrocipients' insurance must cover the poll cum occurrence insurance coverage for Weir independent contractors or
We independent contractors must obtain the coverage.
E. Fiscal audit expenses for the wentherization 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 pradicable, Subrecipient shall secure the services of volu dects to weatherize dwelling units
under the direction of qualified supervisors.
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SECTION 11 USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS
Contractor shall not use any of the funds provided pursuant to this Contract for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of fie iron, steel, and manufactured goods used in the
project are produced in the United states accept as provided in Section 1605 of the American Recovery and Reinvestment
Ad of 2009.
SECTION 13. RECORD KEEPING REQUIREMENTS
A. Subraeipiont shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such
additional record keeping rapiramo is as specified by Department
B. For each dwelling unit weatherizod 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 parsons(60 years or older),and parsons with disabilities;
(2) 12 mouth customer billing history for utilities or consumption disclosure release form;
(3) eligibility documentation (proof of income eligibility shall consist of chocks, check stubs, award latter , employer
statements, or other similar documents including total income and public assistance payments); no dwelling unit
shall be westierized without documentation that the dwelling unit is an eligible dwelling unit as defined in 10
C.F.R. §440.22. All proof of income must rafted earnings from within 12 mantis of the stud date indicated on
the building weadmization report (BWR). Proof of income documentation requirements are the same for both
single and multifammily housing; effective January 1, 2005, all now applications must have proof of income or
Declaration of Income Statement for the previous 30 days;
(4) BWR to include certification off=l inspection;
(5) invoices of materials purchased and/or inventory removal sheots;
(6) invoices of labor;
(7) if a rental unit, landlord agreement form (including Exbibits A and B), landlord financial participation form and
Permission to Conduct Vnergy Audit Farm (Department formy and all oticr Landlord forms found in the Energy
Assistance Section of the Departments website.
(S) Self-help Certification(Department form),if applicable;
(9) Notice of Da ial(Department form),if applicable;
(10) Signed and datod Building Assessment form;
(11) Attic Inspection(local design allowed);
(12) Wall Inspection(local design allowed):
(13) Justification for Omission of Priorities(local design allowed),if applicable;
(14) Documentation ofpro westherization carbon monoxide readings for all combustible appliances.;
(15) Documentation of post weatherization carbon monoxide readings for all combustible appliances.
(16) Blower Door Data Shed;
(17) Copy of the cover shed, SIR page, and Suggested Repaim and Measures page for the approved State of Texas
Energy Audit;
(19) A complete approved State of Tana Energy Audit on disk and a disk back-up for all units weatherized (unless
using computer based an");
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(19) Signed client receipt of Lead Safe Information(for homes built in 1978 or prior);and
(20) Refrigerator roplaeanont form(if sppiicobla}
C. Materials standards documentation for weathorization materials purchased under this Contract must be maintained.
These standards must meet the requirements according to Appendix A of 10 CFR 440.
D. Subrocipient shall give the federal and state funding agencies, the Comptroller General of the United States, and
DoporhmeM acoosa to and the right to reproduce all records pertaining to this Contract All such records shall be
maintained for at leant throe years after final payment has boon made and all other pending matters are closed.
Subrocipient shall include the requirements of this Subsection in all subcontracts.
E. All WAP records maintained by Subrocipient, 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. AD subrecipiente 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, Subrocipimrt shall electronically submit a Performance Repot and
Expenditure Report to the Department reporting all activities up to the last day of the previous month. These repots
are due each month even if Subrocipient has no new activity to report during the month. Subrocipioot must submit the
first Performance Repot and Expenditure Report no later than October 5, 2009 regardless of whether Subrecipicat
makes it fiord request.
B. Subrccipient shall electronically x0bmit to Department no later than sixty (60) days after the and of the Contract term
of this Contract a final expenditure; and programmatic roport. The failure of Subrocipient to provide a full accounting
of alt funds axpnnded 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 and of the Contract tam sit inventory of
all vehicles, tools, and equipment with a unit acquisition cost of 55,000.00 or more and a useful life of more than one
yea, if purchased in whole or ie part with funds received under this or previous westhcrr ton assistance program
contracts. The inventory shell reflect the vehicles,toots,and equipment on hand as of the last day of the Contract term.
D. Subrecipiatt shall submit other reports, data, and information on the performance of this Contract u may be required
by DOE pursuant to 10 C.F.R.§440.25,or by Department.
E. If Subraoipicrt fails to submit, in a timely and satisfactory marmot, any report or response required by this Contract,
including responses to monitoring rgrods, Department may withhold any aid all paymanh otherwise due or requested
by Subreeipient 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 Subreaipient receives Weadwrization 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 dare repot or response (including a report of audit) from a prior
Contract tam.
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SECTION 1S ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS
Subnxipiont shall track all funds under this Contract and their projected statuses separately from all other funds, and shall
assist Department in picla ing and filing the Department's recipient reports required by Section 1512(c) of the American
Recovery and Reinvestment Act of 2009. Subroeipiont shall provide to the Department, not later than five (5) calendar
days after the end of esch calendar quarter,the following information:
A. An estimate of the number of jobs created and the number of jobs retained by the project or activity;
B. Pot infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure
investment with fim& 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 oSicen of the entity if
(1) the recipient in its preceding fiscal year received:
a. 80 percent or mote 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.§61041;
D. Vendor information including description ofpmduct or service,name,zip code,DUNS number,payment amount;and
E. Any other information requested by the Department relatod to the Contract.
SECTION 16. CHANGES AND AMENDMEN'T'S
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 oomstsuctive notice of
this change whether actual notice is provided. Except as otherwise sped vAly provided herein any other change in the
tams of this Contract shall be by amendment in writing sad 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 tents of this Co tract.
SECTION 18. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipiaat agrees to
indemnify Department against my disallowed costs or other claims, which may be asserted by any third party in
connection with the services to be parfiotrnod by Subrocipient 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 Subiecipiett 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 procarement contracts, other than `small psmchasa" shall be in writing and shall
contain the required provisions. Subrecipient must obtain advance written permission from DOE trough Department
before purchasing any vehicle. Subr**cnt shall include language in any subcontract that provides the Department
the ability to directly review, monitor, and/or audit the operational and fmnancial performance and/or records of work
performed under this Contract.
B. In addition to following any applicable state or local procurement laws, Subracipient shall timely provide the
Department with an electronic version of any notice of procumneht opportunity for posting on the Depadmant's
websito.
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C. To the maximum extent possible, ahbooatracts faded under this Contract shall be awarded as feed-price contracts
through the use of competitive procedures. Subrocipiml shall post a summary of any contract awarded with such funds
that is not fixed-price and not awmdod using competitive procedures on the federal website established pursuant to
Section 1526 of the American Recovery and Reinvestment Act of 2009.
D. Subrecipimrt shall csure that its subcontractors comply with all applicable terns of this Contract as if the performance
rendered by the subcontractor was being rendered by Subrocipient. Subreciwient shall inspect all enboontraclors' work
and shall be responsible for ensuring that it is completed in a good and woriomanlilm manner. Subrocipient shall make
no payment to subcontractor until all work is complete and has passed a final inspection.
E. It is the sole responsibility of Submeipicet's authorized weAmization staff to perform every initial assessment, am)
approved State of Texas Energy Audit, and every final inspection. In an emerFncy situation, Subrecipient may
request in writing that the Department waive Ibis requirement Tho 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 20L AUDIT
A. Subseeipient shall arrmogo for the performance of an annul financial and compliance audit of fonds received and
performances rendered under this Contract,subject to the following conditions and limitations:
(1) Subrocipierds expanding $500,000 or more in federal financial anistsooe for any fiscal year coding on or after
December 31, 2003, shall bave an so& made in► accordance with DopsrlmeWa supplemental audit guide, the
Single Audit Act Amendments of 1996, 31 U.S.C. 7501 at seq. and OMB Circular No. 133 - Revised June 27.
2003, "Audits of States, Local Crovormnents, and Non-Profit Organizations" For purposes of this Section 15,
"Weral financial assistance" means assistance provided by a federal agency in the form of grants, contracts, loans,
We guarantees, property, cooperative agreements, iatesvot subsidies, insasaace or direct appropriations. but does
not include direct federal cash assistance to individuals. The term inchaks awards of federal financial aasiatance
received directly from federal agencies,or indirectly through other units of stale and local government
(2) Subrocipient shelf utilize finds budgeted undo this Contract to pay for that portion of the cat of such audit
services propcly 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 satis6ctory
audit report,as datemined by Depstdneht,from Subrocipient.
(3) Subrocipient shall submit two (2) copies of tho report of such audit to Depa tuent 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, far fiscal
years beginning on or before June 30, 1999, the audit shall be completed and submitted within the earlier of 30
days after receipt of the auditor's report or 13 months after rho end of the audit period. Subrocipient shall ensure
that the audit report is made available for public inspection within thirty (30) days after completion of the audt.
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 sill expenditures by budget category, in accordance with the final
Monthly Expenditure Report submitted to close out the ccNract year.
B. Subsection A notwithstanding, Subrocipic is ending tae than 5500,000 in Federal fnaecial assistamoo may arrsmge
for the performance of an annual financial alltonaA audit Such audit should include verification as required in
§16(A)(4).
C. Subsection A notwithsWding, Doparhnemt rescues the right to conduct an annual financial and compliance audit of
funds received and pesformanom rendered under this Contract Subrecipict agrees to permit Depulment or its
authorized representative to anent Subreeipient's records and to obtain any documents, materials. or information
necessary to facilitate such audit
D. Subrecipient undmdands and agrees that it shall be liable to Department for any ooab disallowed pursuant to financial
and compliance audit(,) of funds received under Isis Contract. Subrecipant further understands and agrees that
reimbunmhat to Dcpiatmad of sure disallowed costs shall be paid by Subrocipic t from funds which were not
provided or otherwise made available to Subracipie t under ibis Contract
Page 9 of 29
E. Subrecipicat 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 sn open, competitive process at least once every four years. The
auditor "I retain working papers and reports for a minimum of three years after the date of issuance of the auditor's
report to the sudBee. Audit working papers shall be made availabla 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 pat. 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, toots, and equipment with a unit acquisition cost of $5,000.00 or more
and a usefal life of mom flu m one year, if purchased in whole or in part with funds reccivod under this or previous
weatherization assistance program Contracts, are not assets of either the subrecipient or the Department but are held in
treat for the Weatherization Assistance Program and as such arc assets of the Westhdssatioa Assistance Program. Any
equipment, tools, or vahiclm having a useful life of more than one year and an acquisition coat of S5,000.00 or more
per unit must roceive 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. Subrecipiesst shall not use, traasfer, or dispose of any property
acquired in whole or in pad with funds providod 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, are 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]mown to the recipient in writing.
2) The Dgmtmert will issue disposition instructions after receipt of fmal inventory.
D. Subrecipient shad establish adoquato safeguards to prevent loss, damage, or theft of property acquired hereunder and
shall promptly repot to Department any loss, damage, or theft of property with an acquisition wet of Five T ssiand
Dollars($5,000.00)or more.
E. In addition to the inventory of vehicles, tools, and equipment required under Section 10, Subrecipiont shall take a
physical inventory of all WAP materials and shad reconcile are results with its prophxty records at kart once every
year Any differcxhces between quantities determined by the inventory and those shown in the property records shall be
investigated by Subrocipierd to determine the cause of the differeme.
Page 9 of 29
SECTION 21 INSURANCE REQUIREMENTS
Subrocipiont shall maintain adequate personal injury and property damago 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. Subrecipie+rt may obtain pollution occurrence insurance in addition to die 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. Subrocipient 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 Departmad
strongly recommends the subrecipient require their contractors to carry pollution occurrence insurance to avoid being
liable for any mistakes the contractors may snake. Each agency should get a legs[ opinion regarding the best course to take
for implementing the pollution occurrence insurance coverage.
If Subrecipient is not a unit of local gavemmeut, Subrocipiert shall provide Department with catiftcates of insurance
evidencing Subrocipient's current and affective insurance coverage. Subrocipiart agrees to notify the Department
immediately upon receipt of notification of the termination, canxilation, eViration, or modification of any insurance
coverage or required policy endorsements.ts. Subrocipie nt agrees to suspend the performance of all work performed under
this Contract until Snbreeipient 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 bas bean notified by Department that such performance of the work under this Contract may reoummonce.
Subrocipio nts must also require all contracting independent subcontractors to have general liability insurance
Subrocipients' insurance must cover the pollution occunmoc insurance coverage for their independent subcontractors or
the independent subcontractors most obtain the owwage.
SECTION 23. LITIGATION AND CLAIMS
Subrecipient shall give Department immedisto written notice of any claim or action filed with a court or administrative
agency against Subrocipient and arising out of the performance of this Contract or say subcontract heromtder.
Subrocipiant shall furnish to Department copies of all pertinent papers received by Subrocipiad with respect to such
notion or claim.
SECTION 24 TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic technical assiataaee visits, desk and on-site monitoring to evaluate the
efficiency, economy, and effectiveness of Subrecipient's poefonnanoc of this Contract. Department will advise
Subrocipient in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to
Submcipxnt and may require changes in Subrecipient's accountinS personnel, procurement, and management procedures
in order to correct any defieiencics noted. Subrocipient may be required by Department to return to dwelling units to
correot identified problem. Department may further review and amen the efforts SubrocipioW has made to correct
previously noted deficiencies. Department may withhold funds, place Subrecipieat on a cost reimbursement basis,
deobligate funds, suspend pwformsnoe, terminate this Contract, or invoke otter remedies in Are event monitoring reveals
material deficiencies in Subrecipient's pesfornurrce or if Subrecipient fails to corned any deficiency within a reasonable
period of time
SECTION 2S 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 SubrocipieM has obligated itself to
perform under this Contract
B. The person signing this Contract on behalf of Subrocipsent hereby warrants that he/she has been authorized by
Subrocipient to eowcute this Contract on bdalf of Subr eipient and to bind Subrocipient to all terms herein act 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 Subrscipient or the person signing thin Contract to enter into this Contract or to ronder performances hereunder.
Should such suspension or termination occur, subrecipient is liable to Department for any money it has received for
performance of the provisions of this Contract.
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 convet incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of
all program and fiscal activities fundod 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 aecas to all of its records, employees, and agents for the purpose of
monitoring or investigating the weatherization program. Subrecipient shalt filly cooperate with Department's efforts
to detect, investigate, and prevard wastes, fraud, and abuse. Subrocipient shall immediately notify the Department of
any identified instances of waste,fraud,or abuse.
C. DepaMnrd will notify the funding source upon identification of possible iruWtces of waste, fraud, and abuse or otter
serious deficiencies.
D. Subrocipient may not discriminate against any employee or other person who reports a violation of the turns of this
Contract or of any law or regulation to Department or to any appropriate law enforoxment 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 Subrocipient / Local Operator does
not and will not knowingly employ an undocumented worker, where 'undocumented worker" me&= 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 mamar in the United States. If; after receiving a public subsidy, Subrecipiont / Local Operator, or a
branch, division, or department of Subrecipitnt / Local Operator is convicted of a violation under g U.S.C. Section 1324a,
Subrecipient / Local Operator shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the
120th day after the data TDHCA notifies Smbre*iemt/Local Operator of the violation.
SECTION A S8608 CERTIFICATION
Under Section 7261.053, Texas Govemment Code, Subiecipiat / Local Operator catifios that it is not ineligible to
roceive 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 mpresents that neither it not any number of its governing body presently has any interest or shall acquire
any i faat in. directly at indirectly. which would conflict with the perfa nnanee of this Contract and that no parson
having such interest shall be employed by Subrecipient or appointed as a member of Subroeipiert's governing body.
B. Submcipiemt shall establish sad'egunds to prohibit its amployeas fiom using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom
they have£unify,business or other ties.
C. Subrecipient &grew that it will comply with TEX. GOVT CODE ANN. Chapter 573 by eneuring that no oflicar,
a mployea, or member of the governing body of Subrecipient shall vote for or confu'm 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 offer or employee authorized to employ or supervise such person. Thia prohibition shall not prohibit the
continued employment of a parson who has been continuously employed £or 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 11 of 29
SECTION 3d POLITICAL ACTIVITY AND LOBBYING PROHIBITED
A. None of the fitnds provided under this Contract shall be used for influencing the outomne 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 say mamba of its governing body upon request, or to any other local or
state official or employee or to any citizen information in !be bands 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 fiwn employment
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fumd or
support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Terse,
or the government of the United States.
C If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Contract, Subrecipient shall complete and
submit a Cetification Regarding Lobbying form in accordance with its instructions. No state funds may be given to
persons who are required to m*sta under 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. REQUIREMENT TO POST NOTICE OF WHIS'iLEBLOWER RIGHTS AND REMEDIES
Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistloblowers
under Section€553 of the American Recovery and Reinvestment Act of 2009.
SECTION 32, NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground(a) of race, color, religion, sex, national origin, ago, disability, political affiliation or belief
be excluded from participation in, be denied the bencfrtr 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 WORKINTBXAS.COM
Subreeipient must post all of their Contract-related job oppatunilica on the Workintoxas.eom wobsite.
SECTION 34. SPECIAL COMPLIANCE PROVISIONS
Subrecipient shalt comply with the requirements of 211 applicable laws and regulations, including those specified in 10
C.F.R.Pad 600.
SECTION 3S 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 ageada 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 Submcipient must receive prior written approval from the Department-
B. Allowable travel costs under this Contract shall be determined in accordance with OMB Circulars A-122 or A-97, as
applicable, any Department Issuance on travel, and with Subrecipient's written travel policy. Subrecipient's written
travel policy shall ddkmta the rates which Subrecipient shall use in computing the travel and par diem expanses of its
board mambas and employees. Prior to memring any costs for travel, subrecipiad must provide Department with a
copy of its travel policy and evidence that such policy has boon approved by Subrecipied's governing body. If
Subrocipient has no established written travel pol icy, 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 weatnerization 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 acrve to reduce the funds or resources, which would have been available 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 under Executive Order 12549,
'T)obarment and Suspension and 45 CFR Fart 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)Whore Subrecipient is unable to certify to any of the statements in this ce"cation, such prospective participant shall
attach an explana tion 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 39 NO WAIVER
No right or remedy given to Deparhnerd by this Contract shall preclude the existano of any other right or remedy, nor
shall any action taker in the exercise of any right or remedy be deemed a waiver of any other right or remedy. Tire failure
of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to
exercise that of any other right or remedy at a data time.
SECTION 39 PRIOR ORAL AND WRITTEN AGREEMENT'S
All prior oral or written agreements between the parties hereto relating to the subboet matter of this Contract have been
reduced to writing and are contained herein.
SECTION 40. LEGAL USE OF FUNDS CERTIFICATION
Subrocipiad hereby certifies, as a condition to receiving funds from the Department under this Contract, that the funds
Will be used in accordance with stale and federal laws.
SECTION 41. COMMENCEMENT OF ACTIVITY
Prior to the commencement of any home related weathwb2tion expenditures, Subrocipie nts must attend the September,
2009 Westherization 101 training conducted by the Department
SECTION 42. SEVERABILITY
If any portion of this Contract is hold to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
Page 13 of 29
TEXAS DEPARTMENT OF SOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 16090000702 FOR THE
THE AKCRICAN RECOVF,RY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: 1
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the Stato of Texas (hereinafter
the "Department') and City of Beaumont (hereinafter the "Subrceipicntj do hereby contract and agree to amend the
contract by and between the parties identified on Department r000rds as Contract Number 16090000702("Contraci—�
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September 01, 2009 through Angust 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 lies thereof the amended Attachment A — Budget and Performarrce Document as attached to this
Amendment.
SECTION 4. AGREEMENT
The parties hereto agree that all other tams of the Contract dull remain in effect as therein sat forth and shall continue to
govern except to the admt that said terms conflict with the tams of this amendment. In the event any con liet in terms
exists, this amendment shall control, unless it can not be read consistently with the erttirdy 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 tam in the
Contract.
SECTION 5.
This amendment stall be affective on the date of execution of ibis amendment by the Exocative Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties exproahy understand and agree that its terms shall become a part of the Contract as
if it were ant 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 160900(X)702 FOR THE
THE,AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDA#81.042)
AMENDMENT NUMBER: 2
ATTACHINENT A-BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Cily of Beaumont
DEPARTMENT FINANCIAL OBLIGATIONS
$1,382,533.00 ARRA FUNDS CURRENTLY AVAILABLE
S123.805.00 TRAINING dt TECIINICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
S 1,382,533.00 TOTAL ANTICIPATED ARRA FUNDS
$123.805.00 TOTAL ANTICIPATED TRAINING dt TECHNICAL ASSISTANCE FUNDS
Additional funda may be obligated via Arneadment(s). Funds may only be obligated and expended during the current
contract tam. Unexpended ford balances will be racaphuv&
BUDGrf FOR AVAILABLE ALLOCATIONS l
CATEGORIES DEPARTMENT SHARE
2 Administration $(59,127.00
3 Liability I Pollution Ocomrence Insurance S 9,24&00
Fiscal Audit $2.000.()0
Malorials I program Support I Labor S 1,041,728.00
4 13ealth and Safety S 260,432.00
SUB-TOTAL S 1,382,533.00
3 1'raininS and Technical Assislance S 123,805.011
TOTAL $1,506,338.00
Page 15 of 29
FO OT NOTFC TO BUDGET FOR AVAILABLE Aid , .ATIONS:
r 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
Masi 120 days prior to the end of the contract team (by April 30, 2011) will be reviewed. TDHCA may decline to
review written requests received during the final 90 days ofthe coatrad term.
2 Demotes maximum for administration based on 5.011% 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
3
Denotea$4,000 for liability insurance and the remaining balance for pothrtion occnrrarce insurance.
a
Denotes the maximum allowed for Health and Safety expenditures.
s
Department approved training/travel roily.
PERFORMANCE
SubreWpient's service area consists ofthe following Texas counties:
RATERSON
Subrocipient'e service area consists ofthe following Texas cities:
BEAU MONT
Subnecipieut shall provide weathmiostion program services sufficient to expend the contract Rinds during the contract
term. ARRA ousts per unit excluding health and safety experues, shall not exceed 56,500.00 without prior written
approval from the Department.
By signing this Contract the parties expressly understand and ague to the terms act forth word for word therein. This
Corntract shaU be binding upon the parties hereto and their respective successors and assigns.
Effective Date of Budget: W04/2009
Page 16 of29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUN[BER 160900(X)702 FOR THE
TIT:AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDAH 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'l and City of Beaumont (haoinafler the "Subnecipie t'0 do hereby contract and agree to amend the
contract by and between the parties identifial on Departmad records as Contract Number 16090000702 Montract'l.
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September (H. 2009 through August 31, 2011
(hereinafter the"Contract Ternt'j.
SECTION 3.
The Contract is amended by adding Attachment B — DAVIS BACON ACT; adding Attachment C — SECTION 43,
HISTORIC PRESERVATION, and Revising SECTION 13. RECORD KEEPING REQUIREMENTS to add item
"C 4Yh+rr_1Vients must p=j& Protuatrn ggplicaWns. forms and educational mated-12 in .n i.h_ Spanish and any other
,gyp Qpri de laminae." as identified in its entitroty 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 qw Contract shall remain in offect as therck act 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 tans
exists, this amendment shall oontrol unless it can not be road consistently with rho 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 exprxdy understand and agree that its two shall become a put of the Contract as
if it were act worth word for word therein. This amendment shall be binding upon the parties hereto and Weir respective
successors and assigns.
AGREED TO AND EXECUTED BY:
City of Beaumont
By: Kyle Hayes
Date Signed: July 30,2010
TEXAS DEPARTMENT OF ROUSING AND COMMUNITY AFFAIRS
By: Michael Gerber
Date Signed: July 30,2010
Page 17 o£29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000702 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)(CFDAfi 81.042)
AMENDMENT NUMBER: I
ATTACHMENT B-DAVIS BACON ACT
SUBRECIP'IENTNAME: CiVOCT3oiumont
Prescription: Include for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT("RECOVERY ACT"J Clause&are required
CLAUSE X)L DAVIS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause XX. Contract Work Houra and Safety Standards Act, and Clause XX,
Recipient Functions,the following definitions are applicable:
(1) /Award means the Award by the Department of Ersergy (DOE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis-Bacon Ant (DBA) for work
performed by all laborers and mechanics employed by Subrecipiats, Contractors and subcontractors on projects
ftmdod by or assisted in whole or is part by and through the Federal Government pursuant to the Recovery Ad.
(2) "C:onstructioa, alteration or repair" means all types of work done. by laborers and mechanics employed by the
Subroeipiemt, 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) Paimtaug and decorating;or
(c) Manufacturing or furnishing of materials,articles,supplies,or equipment on the site of the building or work.
(3) Contract means a wntion procurement contrail 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
inhale suboontraets and lowos4ier subcontracts under the Contract.
(4) Contracting Of/lcer moans the DOE official authorized to exocoU awards on behalf of DOE and who a
responsible for the business management and non-program aspoots of the financial assistance process.
(S) Contractor means an entity that eutas into a Contract. For proposes of these Clauses, Contractor shall include
subcontractors and lower-tier subcontractors.
(6) Recipient mama any entity other than an individual that receives Recovery Act fimds in the form of a grant
directly from the Federal Government. The tam includes tho State that receives am Award from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
two and conditions of the program and Award.
(7) "site of the worle'--
(a) Moans-
(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;mid
(ii) Any other site where a significant potion of the building or work is constructed, provided that such site
is established specifically for the peefotmance of the project;
(b) F-xcept as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants,
mobile factories,batch plants,barrow pits,job headquarters,tool yards,eta.provided—
(1) They are dedicated exclusively,or nearly so,to performance of the pro*4 and
Page 18 of 29
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphe (7xa)(i) or
(7)(axii)of this definition;and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project In addition, fabrication plants, batch plants,
borrow pits, job headquntea, 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 (7xa)(i) or (7)(a)(ii) of this definition, are not included in the `kite 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 fain of money, or property in lieu of money, made under
an award by a Recipient to an eligible Subrocipient or by a Subracipient to a lower-tier submipiert. Tlw term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does not include the Rocipicut's procurement of goods and services to catry out the program nor does it include
any form of assistance which is excluded firom the definition of"Award"above.
(9) Subrecipient means a non-Federal entity that expands Federal awards received from a pass-through entity
[Recipicaq to carry out a Fedonai program, but does not include an individual that is a beneficiary of such a
program. The term includes a Community Action Agency (CAA), local agency, or other entity to which a
Subaward render 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.Davis Bacon Art
(1)(a)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
Ices often than once a weds, and without sulroegnent deduction or rebate on any account (except such payroll
deductions as are pamittod by mgulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3)), the Rill amount of wages and bona fide fringe benefits (or cash equivalents therool) due at the time of
payment compated 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, ragarillm 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 Olfiicar 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 dote mination to be obtained by the Contracting Office'from the Secretary of Labor.
(b)Contributions made or costs reasonably anticipated for lieu fide hinge benefits under section 1(b)(2) of the
ABA on behalf of laborers or mechanics an considered wages paid to such laborers and mechanics, subject to
the provisions of paragraph B(4) below; also, regular contributions made or costs incurred for more than a
weekly period (but not lees often than quarterly) under plans, funds, or programs which cover the particular
weekly period,are deemod 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 performod, without regard to skilt 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 sped 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 ebaaifientions and wage rates conformed under paragraph
B(2) of this Clause) and the Davis-Baoon posh (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 sew by the workers.
(2)(a)The Contracting Officar shall require that any elms 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 boon met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(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 reuonablo relationship to the wage
rates contained in the wage determination.
(b)If the Submcipient (and Contactor, when applicable) and the laborers and mechanics to be employed in the
olasaifieation (if known), or their relmentatives agree on the classification and wage rate (including the amount
designated for fringe benafts, where appropriate), the Subrecipieat shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the CoOftaCting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefda, whom appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of tho:
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 mccipt and to advise the Contracting Off1ow or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(c)In the event the Subrecipiant (and Contractor, whoa 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 am mot designated for fringe benefits, whose appropriatoj the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer 9x11
refer the quaetions, including the views of all interested parties and the recommendation of Uhl Contracting
Officer, to the Administrator of the Wage and Hour Division for determination. Thor 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 fiiage benefits, where appropriate) determined pursuant to subparagraphs B(2xb) or
B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award,
Sabaward,or Contract ffom the fist day on which work is performed in the clarification.
(3) Whenever the minimum wage ate prescribed an the Award, Subaward, or Contract for a class of laborers or
mechanics includes a fringe benefit whits,is not expressed as an hourly rate, the Subrocipiont and Contractor
shall either pay the benefit as stated in the is
determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(4) If the Subrocipiwt or ContracWr does not make payments to a trustee or other third person, the Subrccipic t or
Contractor may consider as part of the wages of any laborer or mocbanic the amount of any costs reasonably
anticipated in providing bona fide fiiogo benefits under a plea or program; provided, that the Secretary of Labor
has fbur4 upon the written request of the Subrocipient or Contractor flat the applicable standards of the
Davis-Bacon Act have bean mat The Secretary of Labor may require the Sobrecipiad or Contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
Page 20 of 29
C.Rotas of wager
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract irvolvod in
performance of work at the project site, as ddamined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the peatinet locality,are included as an attachment to the Award,Subaward,or Contract,
(2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the
Contracting Officar 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 Otiicar from the Secretary of Labor.
D.Pm"&surd Basic Resordr
(1) Payrolls and basic records relating thereto shall be mairdainod by the Recipient, Subrecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborer 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
costa anticipated for bona fide fringe bemofts or cash equivalonts thereof of the types described section
l(bx2)(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-Macon Ad, that the wages of any laborer or mechanic include the amount of any costa reasonably
anticipated in providing benefits under a plan or program described in section 1(bx2)(B) of the Davis-Bacon
Act, the Subre cipiet or Contractor shall maintain records which show that the commitment to provide such
bonofds is eanforceablo, that the plan or program is flmaacially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costa anticipated or
the actual cost incurred in providing such benefits. The Subre«piemt or Contractor employing apprentices or
trainees wider approved progrsme shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of 1ho 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 Subrecipiemt. Ike Subrecipic t shall submit weedily 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 my Subaward or Contract work is performed a copy of all payrolls to rho Contracting Officer.
The payrolls submitted shall act out accurately and completely all of the information required to be maintained
under paragraph D(I) of this Clause, amept that due fog social security numbers and home addresses shah mot be
included on weekly transmittals. Instead, the psyrolb shall only need to include an individually identifying
number for each employee (a.&, the last four digits of do employee's social security number). The required
weekly payroll mforrnstias may be submitted in any farm desired. Optional Farm WH-347 is available for this
purpose from the Wage and Hour Division Web site at http://x,%%,w del.etov1csa/whd/f2 mtsi%0347instr,htm or its
successor sites
(b)The Recipient is responsible for the ensuring that all Subrocipiatts and Contractors submit copies of payrolls
and basic records as required by paragraph D. Payrolls and Basic Records, of this Clause. The Subrecipiert is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
retorda as required by paragraph D. Payrolls and Basic Records, of this clime. Subrocipiemts and Contractors
shall maintain the full social socurity number and current address of each covered worker, and shall provide
than upon request for transmission to the Contracting Officer, the Recipient. or the Wage and Hour Division of
the Departmet of Labor for purposes of a investigation or audit of compliance with prevailing wage
regairementa. The Recipient shall also obtain and provide the full resat security number and curreat 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 invatigation or an" of compliance with prevailing wage requirements. It is not a
violation of this section for a Reeipiet to require a Suubrocipiant or Contractor to provide addream sad social
security numbers to the Recipient for its own records,without weekly submission to the Contracting Officer.
(c)Had payroll submitted shall be accompanied by a "Statement of Compliance:' signed by the Recipient,
Subrocipient or Contractor or his or her agar who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify—
Page 21 of 29
(i) That the payroll for the payroll period contains the information required to be maintained under paragraph
D(2xa) of Wa Clause, the appropriate information in being maintained under paragraph D(1) of this
Claus*,and that such information is oorreet and completer;
(ii) That each laborer or mechanic (including each helps, apprentice, and trainee) employed on the Subaward
or Contract during the payroll period has been paid the Rill waddy wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned,other that permissible deductions as act forth in the Regulations,29 CFR Part 3;and
(iii)That each taborer or mechanic has boon paid not less than the applicable wage rates and fringe benefits or
cash equivolonta 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 erteouted certification act fottih on the reverse side of Optional Form
WH-347 shall satisfy the requitement for submission of the "Statement of Compliance" required by paragraph
D(2)(c)of this Clause.
(e)no Relsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may
subject the Rccipie4 Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 3729 of Title 31 of due United States Code.
(3) The Recipient, Subrocipeint, or Contractor shall make the records required nudes paragraph D(l) of this Clause
available for inspection, copying, or transcription by the Contracting Officer, authorized r pmmtWves of the
Contracting Officer, or the Department of labor. The Subreeipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview
employces during working hours on the job. if the Recipient, Sabsedpient, or Contractor fraile to submit the
roWiro records or to make than availkK the Contracting Offices may after written notice to the Recipient,
Submcipien% or Contractor take such action as may be necessary to cause Use suspension of any further
payment, advance, or guarantee of funds. Furthermore. failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
E.WidiE WUS offurrda
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized
representative of due Department of Labor, withhold or eswe 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
Davie-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 holpers, employed by the Subr+eeipient or a Contractor the full amount of wages required by the
Award or Subaward or a Cootrset In the ever of failure W pay any laborer or mechanic. including any
Apprentice, trainee, or helper, employed or working on the site of the work, all or pad of the wages required by
the Award or Subaward or a Contrack the Contracting Offioor may, after written notice to the Recipient take
such action as may be necessary to canoe the suspension of any father payment, advance, or guarantee of finds
until such violations have oessed.
Page 22 of 29
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Nicer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrocipient or
Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on One site of the work, all or part of the wages
required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipieat 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 Davie-Bacon prevailing wage requirements, which is held by the same Subrecipient of
Contractor.
F.Apprudioes and 7}rkwa
(1) Apprentices.
(a)An apprentice will be permitted to work at less tlwt the prodetemined rate for the work they performed when
they are—ployed-
(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 axft classification shall not be grater
than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered
program.
(c)Any worker listed on is payroll at an apprentice wage ante, who is not registered or otherwise employed as stated
in paragraph F(1) of this Clause, shaft be paid not lees than the applicable wage determination for the
classification of work actually performed. In addition, any apprentice perf ing work on die job site in oxcesa
of the ratio permitted under the registered program shall be paid not lees than the applicable wage rate on the
wsgo determination for the work actually performed
(d)Where a Subrscipie nt or Contractor is performing construction on a project in a locality other than in which its
program is registered, die 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 apprentioeg level of progress, expressed
as a percentage oftho joutnoyman hourly rate specified in the applicable wage determination.
(a)Appr"ces shall be paid fringe benefits in accordance wilt the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefts listed on the wage determination for the applicable classification. If the Administrator detemhinee that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that doteminatiom
(o)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentim mud be paid the full amount of Singe
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
apprortiarship program, the Subrecipient or Contractor will no longer be permitted b utilize apprentices at Ica$
than the applicable prodeterminod rate for the work performed until an acceptable program is approved.
Page 23 of 29
(2) Trainees
(a)Except as provided in 29 CFR 5.16, trainces will not be pennitted to work at leas thaw 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 leas than the rate specified in the approved program for fire trainee's level of
progress, expressed as a percentage of the joumeynran 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 borwfits. 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 apptenticeshipftraining program associated with the corresponding journeyman wage rata in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainco 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 stall be paid not less than the applicable wage rate in the wage determination for the work
actually petformod.
(c)In the event OATELs withdraws approval of a training program, the Subrxipient or Contractor will no longer
be permitted to utilize trainees at lees than the applicable predet Trained rate for the week performed until an
acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprantioa, 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.Connplimce wi*Copdwad Act Re¢ kowash
The Recipient, Subrocipient or Contractor shall comply with the rcquuanents of 29 CFR Part 3 which are hereby
incorporated by reference in the Award.Subaward or Contract.
IL bSsbaworalr and Conhwets
(1) The Recipient, the Subrecipimt and Contactor shall inset in the Subaward of any Contracts this Clause entitled
"Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may =Whv. The Recipient
shall be responsible for ensuring compliance by any Snbrncipiord or Contractor with all of the roquiremants
contained in this Clause. The Subraeipient shall be responsible for the compliance by Contractor with all of the
regeucnrents eeahined in this Cam.
(2) Whin 14 days after issuance of a Sabawsed,the Recipient shall deliver to the Contracting ulcer a completed
Standard Form(SF)1413,Statement and Aekmwledgmeat,for each Subaward and Contract for contraction
wil in 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 Offtceror at
rat /Icontacts gsa Wv%webforms nsf/On OB48721)1617E95A7 85256A26004F7FA8/Stileisfl413 a odC.
Within 14 days after issuance of a Contact or lower tier subcontract,the Subreeipient shall deliver to the
Recipient a computed 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 Contacting Officer or at
lt
te / ontacts ssa aov/webforms naf/01701 3 4 8 7 21)1 61'F95A785256A26004F7EA8/$ftic/sII413 a ndf.
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms(SF)
1413.
L Coanftwd Tdrrrbw6m--Deba w"t
Page 24 of 29
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a
Contractor or subcontractor as provided in 29 CPR 5.12,
J.Compliance with Davis Aacoa and RelatedAct ftuktioxr
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CPR Parts 1, 3, and 5 are hereby
incorporated by reference in the Award,Subaward or Contract.
Ili Dignstes Coweerxiug label Standards
The United States Department of Labor has act forth in 29 CFR Puts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements_ Such disputes shall be resolved in accordance with those procedues 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 ineludo disputes between the Recipient, Subrecipient (including any Contractor) and the
Department of Energy,the U.S.Department of Labor,or the employes or their representatives.
L.Cealr-NWaar ofE4Aalary
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrocipienk or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
Subro*ienk or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(ax1).
(2) No pad of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of
a Government contact or Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(3) The penalty for making false statements is proscribed in the U.S.Criminal Code,1S U.S.C.1001.
K Approver!of Wage Rarrx
Ali straight time wage rates, and overtive rates based thereon, for laborers and mechanics engagod 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
respresentatiive oWassly 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 Contact. Any amount paid by the Subrecipieni or Contactor to atry laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subreipiert or Contractor and shall not be reimbursed by the
Recipient or Submaipient. If the Government refuses to authorize the use of the overtirno, the Subrocipieat or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLAUSE 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 am amount in excess of $100,000. As used in this CWHSSA Clause, the !erne laborers ad mechanics include
watchmen and guards.
A. Overtime requirements. No Subr cipient or Contractor contacting for any part of the Subaward work which may
require or involve the employment of laborers or moehanica 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 lea than one and tae-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
Page 25 of 29
B Violation; liability for unpaid wages; liquidated damages. In the event of any Violation of the Clause ad forth im
paragraph 8 heroin, the Subradpient or Contractor responsible therefore shall be liable for the unpaid wages. In
addition, such Subreeipient 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 fkA 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 ad forth in paragraph(A)of this section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable an account of work
performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipiot on
any other federally assisted Award or contact subject to the CWHSSA, which is hold 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 ofthis Clause.
(2) The Rompimt 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 Subrecipimt or Contractor on this or any other federally assisted subaward or contract
subject to the CWHSSA, whioh is held by the same Subreoipient or Contractor such sums as may be determined
to be necessary to satisfy any liabilities of such Subrw4irat or Contractor for unpaid wages and liquidated
damages as provided in chuse ad forth in CWHSSA,paragraph B of this Clause.
Page 26 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 C-HISTORIC PRESERVATION
SUBRECIPIENT NAME: City of Beaumont
SECTION 43. HISTORICAL PRESERVATION
Prior to the expenditure of Federal fimds 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.
Page 27 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: l
ATTACHMENT D-SECTION 13.RECORD KEEPING REQUIREMENTS
SU13RECIMNT NAME: Citv of Beaumont
SECTION 13. RECORD KEEPING REQUIREMENTS
G. Subrwipients must provide program applications, forms and educW=l 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)(CFDAY 81.042)
AMENDMENT NUMBER: 2
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 "Departaent') and City of 13caumont (heieinafter the "Subrecipient'l do hereby contract and agree to amend the
contract by and between the parties identified on Department records as Contract Number 10090000702("Contract').
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is Scptcmlbcr 01, 2009 through Augmt 31. 2011
(hereinsfler the"Contract Term').
SECTION 3.
The Contract is amended by deleting the currant Attachment A — Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — &Wgd and Performance Document as attached to this
Amendment_ Attachment A-Budget and Performance Document is being amended to include the 2nd year d sbursemcut.
SECTION 4. AGREEMENT
The parties hereto agree that all other tens of the Contract shall remain in effect as theein ad forth and shall continue to
govern except to Ole extent that said lama conflict with the terms of this amendment. In the event any conflict in tams
exists, this amendment shall controt unless it can not be red consistently with the entirety of One contract or is made void
by operation of law. Each capital¢od tam not expressly defmod herein shall have the meaning given to such tam 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 tams 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 130aWilont
By: Kyle Ifaycs
Date Signed: July 30,2010
Page 29 of 29