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HomeMy WebLinkAboutContract 43280-A2 (2)CITY SECRETA\RYcormikor kito �f cp---io o pi SECTION 1. This Amendment Number 2 Community Affairs, a public political subdivision of the State SECTION 2. TEXAS DEPARTMENT OF HOUSING AND commuNrry AFFAIRS CONTRACT NO. 58120001356 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) AMENDMENT NUMBER: 2 to CEAP Contract No.58120001356 is made by and between the Texas Department of Housing and and official agency of the State of Texas (hereinafter the "Department") and City of Fort Worth , a of Texas (the "Subrecipient"), (hereinafter, collectively the "Parties"). Subrecipient and Department executed that certain CEAP Contract No. 58120001356 ("Contract") to be effective on . SECTION 3. Under the authority described in Section 8 of the Contract and for valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below: 1. Exhibit A, BUDGET, to the Contract is amended by replacing in its entirety with the amended Exhibit A, BUDGET, attach hereto (consisting of two (2) pages). 2. Section 21. Audit Subsection F, of the Contract is amended by replacing in its entirety: Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 4. The Parties hereto agree that all other 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 Second Amendment. In the event this Second Amendment and the terms of the Contract [as amended by the Second Amendment] are in conflict, this Second Amendment shall govern, unless it would make the Contract void by law. SECTION 5. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 6. This Second 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. Page 1 of 4 SECTION 7. If any of the Parties returns this 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 8. By signing this Second 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 9. This Second Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 10. This Second Amendment is executed to be effective on the date of execution by the authorized representative for the Department. AGREED TO AND EXECUTED BY: City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Title: Assistant City Manager 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 Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58120001356 FOR THE FY 2012 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) EXHIBIT A BUDGET City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 7,444,661.00 CEAP FUNDS CURRENTLY AVAILABLE $ 1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS Administration $ 465,216.00 Assurance 16 $ 372,3 84.00 Direct Services $ 6,605,861.00 TOTAL CEAP BUDGET $ 7,443,461.00 BUDGET CATEGORY FUNDS Household Crisis $ 2,091,856.00 Co -payment $ 2,091,856.00 Elderly and Disabled $ 2,091,856.00 Direct Service Support $ 330,293.00 TOTAL DIRECT SERVICES $ 6,605,861.00 Subrecipient's service area consists of the following Texas counties: TARRANT 0/0 ME OW 31.67 31.67 31.67 5.00 100.00 Page 3 of 4 Administrative costs, salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 6.00% of the contract expenditures, excluding Training/Travel costs. Assurance 16 Activities costs are limited to 5.00% of the contract expenditures excluding Training and Travel costs. Direct Services Support costs are limited to 5.00% of total Direct Services expenditures. Expenditures for Elderly/Disabled must be at least 10% of Direct Service Dollars expended. Household Crisis and Co -Payment Percentage will be established by Subrecipient. Direct Services Support (may not exceed 5% of Direct Services dollars expended). Depai nent's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 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 Period. A second and final budget revision must be received by the Department on or before November 16, 2012. 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 "Direct Service Support" funds or other funds. Page 4 of 4 TIE AS D III:pAR `M Il+ NT OF HOUSING AN COMMUNIF II °V AFFA rl' S AM KNI)MEN'T' NO. 2,9 CON'JI' & CT NO. 58120001356 IVY 2012 C M PREH ENSIvE ENERGY ASSIS 1! ANC V PROGRAM (CIKAIE») APPROVED AS TO Tyler Walla�iz Assistant City Attorney ;ORM AND ATTEST: Mary J. Kayser City Secretary M&C C=25329 Dated: ecember 6, 2011 all V O H FORT W I- RTH , II+, GA 1II' 111Y o 6nOrgr it ztze to0000000,i woo Y O Q Qvig4 o4°1; °°000001 ecratrifj o � d 4*tzi y: Susan Alanis (signed electronically -see attached contract) Title: Assistant City manager ate: September 5, 2012 TEXAS DEPARTMENT OF OUSING AND COMMUNITY AFFAIRS y: Timothy K. Irvine (signed electronically -see attached contract) Title: Its duly authorized officer or representative Date: September 7, 2012 O C� C�-/!(7\I ©27 Ir''oral VR!&I2YhY9 11 G'S:Cc=9,9 Mayor and Cociiirmll Communicat" i -7� diLmalik DATE: Tuesday, December 06, 2011 R;} F E P N C h : ��C:25329 LOG V\I PuriBOCEAP2012 S U f= JJ;a: C t7 u Authorize Execution of a Contract and Grant with Texas Department of Housing and Community Affairs for 2012 Comprehensive Energy Assistance Program Up to a Total of $10,000,000.00 Through December 31, 2012, Authorize Interfund Loan, Apply Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOk AWFV\IDA T OON: It is recommended that the City Council: 1. Authorize acceptance of a grant and execution of a contract with the Texas Department of Housing and Community Affairs in an amount up to $10,000,000.00 for the 2012 Comprehensive Energy Assistance Program; 2. Authorize non -interest bearing interfund loan from the fund balance of the General Fund to the Grants Fund in the amount of $320,000.00 for interim financing of this grant project pending contract execution; 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $10,000,000.00; and 4. Apply indirect costs at the rate of 19.18 percent, which is the most recently approved rate for this department, and apply the new approved rate when available. ISCUSSIO► k1 The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive Energy Assistance Program (LEAP) through Community Action Partners (CAP) offices managed by the City's Parks and Community Services Department. The TDHCA has notified the City to use the prior year's grant award and contract amount as a planning figure for the 2012 CEAP. The total 2011 contract amount was $9,202,727.00. In response to the continuing increase in energy rates, CAP staff projects an increase in funding resulting in an estimated grant award of $10,000,000.00 for this program in 2012. The CEAP for 2012 has five components: 1. Energy Crisis - weatherization and/or energy related assistance; 2. Elderly/Disabled Assistance e assistance to households with a composition of elderly and/or disabled members; 3. Co -Payment Assistance - assistance to households targeted for energy self-sufficiency; 4. Direct Service Support m assistance to new customers and program outreach; and 5. Case Management e promoting energy self-sufficiency. T iwname: SOCEAP20 t 2 Page 1 of 2 • • All households at or below 125 percent of the Federal Poverty Income Guidelines will be afforded access to the program. Applicant households will be determined eligible according to income guidelines and program procedures Benefit determinations include household income household size, energy consumption and/or vulnerability and the availability of funds. CAP staff will accept applications at 10 neighborhood CAP facilities and at other identified locations throughout Tarrant County. Payments will be made for eligible clients directly to the utility vendors and heating and cooling system repair companies TDHCA allows no more than seven percent of the grant award (excluding travel and training) to be budgeted for administrative costs, six percent for case management administrative costs and five percent for direct services administrative costs. Indirect costs are budgeted within the administrative costs for all categories. The remaining funds will be used for Energy Crisis, Elderly/Disabled and Co -Payment Assistance and Heating and Cooling Systems repair or replacement for the duration of the Contract. Interim financing is necessary in order to provide for transition from one grant funding program period to the next. No matching funds are required from the City for the CEAP grant. This program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers GR76 220001 000200513000 GR76 488195 080200513000 GR76 5XXXXX 080200513XXX. FROM Fund/Account/Centers $320.000.00 GG01 136076 0000000 $10.000.000.00 $10.000.000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact:. ATTACHMENTS 1. 80CEAP2012-AO.DOC (Public) Susan Alan's (8180) Richard Zavala (5704) Sonia Singleton (5774) $320.000.00 Loaname: 80CEAP2012 Page 2 of 2 • • Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $10,000,000.00, UPON RECEIPT OF A GRANT FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, FOR THE PURPOSE OF FUNDING THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM FOR 2012; PROVIDING FOR A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: S ECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2011-2012 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $10,000 000.00, upon receipt of a grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Comprehensive Energy Assistance Program for 2012. S ECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. S ECTION 3. That this ordinance shall be cumulative of Ordinance No.19911 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: SECTION 4.