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Home My WebLink AboutContract 57158-A2 CSC No. 57158-A2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) Awarding Federal Agency: United States Department of Health and Human Services TDHCA Federal Award Number: 2201TXLIEA Award Year(Year of Award from HHS to TDHCA): 2022 Unique Entity Identifier Number: FXG4SWSNZKT9 This Amendment No. 2 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81220003605, City of Fort Worth Contract Number CSC 57158, 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 Department and Subrecipient, respectively, executed FY 2022 LIHEAP WAP Contract Number 81220003605 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: 1. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS E. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of$965,104.00. 2. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 3. 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. 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 5. 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. OFFICIAL RECORD CITY SECRETARY Page I of 4 FT. WORTH, TX 6. 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. 7. 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. 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 9. This Amendment shall be effective and memorializes an effective date of October 01, 2022. WITNESS OUR HAND EFFECTIVE: October 01, 2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: October 18, 2022 12:47 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date: October 20, 2022 11:48 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 81220003605 FOR THE FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $963,104.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $963,104.00 TOTAL ANTICIPATED LIHEAP FUNDS $2,000.00 TOTAL ANTICIPATED TRAINING &TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES FUNDS Administration $69,584.00 Materials/Program Support/Labor $714,816.00 4 Health and Safety $ 178,704.00 SUB-TOTAL $963,104.00 Training and Technical Assistance $2,000.00 TOTAL $965,104.00 Page 3 of 4 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final 45 calendar days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21% of total allowable expenditures. s Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget. a Denotes the maximum allowed for Health and Safety expenditures. a Department approved training/travel only. PERFORMANCE Work orders must be submitted to weatherization contractors no later than December 30, 2022 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than December 31, 2022. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed forty-five (45) days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed Eleven Thousand and No/100 Dollars ($11,000.00) per unit without prior written approval from the Department. The cumulative total cost per unit (materials, labor, and program support), shall not exceed the maximum allowable by end of the Contract Term. Page 4 of 4 [Executed effective as of October 20, 2022.] / [ACCEPTED AND AGREED:] City: By:� G+— Name: Fernando Costa Title: Assistant City Manager CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all By: performance and reporting requirements. Name: Victor Turner Title: Director Neighborhood Services By:Amy on no[l Oct 20,20 213:5 CDT) Approved as to Form and Legality: Name: Amy Connolly Title: Assistant Director,Neighborhood Senices By: City Secretary: Name: Taylor Paris Title: Assistant City Attorney yannette S. Goo�%ll a� FOn By:Jannette S.Goodall(Oct 21,2022 13:34 CDT) /yO 0000000,of00 Contract Authorization: Name: Jannette S. Goodall 9A,. G��d M&C: 21-0969 Title: City Secretary ��o 040, 0v0 0 °00 000 �d o ��nEXAS.oAp 0000 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX