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HomeMy WebLinkAboutContract 47550-A1 MY SECRETARY CONTRACT NO. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58160002327 RV � FY 2016 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568) This Amendment No. I to Comprehensive Energy Assistance Program Contract Number. 58160002327 by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Department"), and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as"Parties", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number. 58160002327("Contract")on January 01,2016 and WHEREAS,the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract sections,addendums and exhibits are hereby amended as follows: I. Section 4.A. Department Obligations,of this Contract is hereby amended to read as follows: In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient during the Contract Term for administrative expendtiures, Assurance 16 activities, program services and direct services expenditures in accordance with Section 5.430 of the State Rules,in the amount(s)specified in the Budget attached hereto as Exhibit A. 2. Section 4. F. Department Obli atg ions,of this Contract is hereby amended to read as follows: "Section 4. F. Department Obligations. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum of $4,471,607.00." 3. Section 5.F. Method of Payment/Cash Balances,of this Contract is hereby amended to read as follows: All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible clients of the CEAP and for allowable administrative expenditures, Assurance 16 activities, and program services costs incurred during the Contract Term in accordance with Section 5.430 of the State Rules. 4. Section 8.B. Allowable Expenditures,of this Contract is hereby amended to read as follows: CEAP funds allow up to 6.25% of the award amount to be utilized for administrative costs. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic expenditures and shall be allowed up to the amount outlined in the Budget attached hereto as Exhibit A. Eligible administrative costs include costs related to staff performance of management, accounting and reporting activities in accordance with the LIHEAP State Plan. 5. Section 8.C. Allowable Expenditures,ofthis Contract is hereby amended to read as follows: Administrative, Assurance 16, and program services activities funds are earned through provision of direct services to clients in accordance with the State Rules. Subrecipient may choose to submit a final budget revision no later than forty-five (45) days prior to the end of the Contract Term to use its administrative, Assurance 16,and program services funds for direct services categories OFFICIAL RECORD Page I of 5 CITY SECRETARY FT. WORTH, TX 6. Section 9.E. Record Keeping Requirements,of this Contract is hereby amended to read as follows: CLIENT FILES. Subrecipient shall maintain a client file system to document direct services rendered. Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files found at the time of program monitoring may be disallowed. Each client file shall contain the following: 11. Case notes sufficient to document that Assurance 16 and program service activities have occurred. 7. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. SECTION 2. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract void by law. SECTION 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 4. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. SECTION 5. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 6. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. SECTION 7. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 8. This Amendment shall be effective and memorializes an effective date of April 01,2016. Page 2 of 5 WITNESS OUR HAND EFFECTIVE: April O1,2016 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: July 13,2016 4:22 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Timothy K.Irvine Title: Its duly authorized officer or representative Date: July 15,2016 3:15 pm Page 3 of 5 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2015 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58160002327; AMENDMENT NO. 1 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: Pai a Meban Assistant City Attorney ATTEST: 0l� A. Mary J. y City Secretary M&C C-27612 �F)CAg' Dated: 1/26/2016 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract)_: C_ Title: Assistant City Manager Date: July 13, 2016 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: July 15, 2016 OFFICIAL RECORD CITY SECRETARY FT. Wn,RTH, TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58160002327 FY 2016 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568) EXHIBIT A BUDGET City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $4,471,607.00 CEAP FUNDS CURRENTLY AVAILABLE $ 1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $279,466.00 - Assurance 16 $278,396.00 - Direct Services $3,912,545.00 - TOTAL CEAP BUDGET $4,470,407.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 1,817,074.00 46.44 Utility Assistance $ 1,817,075.00 46.44 Program Services $278,396.00 7.12 TOTAL DIRECT SERVICES $3,912,545.00 100.00 Subrecipient's service area consists of the following Texas counties: TARRANT General Administrative and coordination of CEAP, including costs and all indirect (overhead) cost, examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 6.25% of the contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of administrative costs for Program Services,must be paid with nonfederal funds. Page 4 of 5 Assurance 16 shall not exceed the maximum 6.23%. Assurance 16 activities provide services that encourage and enable households to reduce their home energy needs and thereby the need for energy assistance, including needs assessments, counseling, and assistance with energy vendors, and report to the Secretary concerning the impact of such activities on the number of households served, the level of direct benefits provided to those households, and the number of households that remain unserved. Program services costs shall not exceed the maximum 7.12%. Program services cost includes direct administrative cost associated with providing the client direct service salaries and benefits cost for staff` providing program services, cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable program services cost when associated with providing client direct services. Other program services costs may include outreach activities and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP. Department's prior written approval for purchase or lease of equipment with an acquisition cost of 55,000 and over is required. Approval of this budget does not constitute prior approval for such purchases. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Term. Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or other funds. Page 5 of 5