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HomeMy WebLinkAboutContract 46977-A1 CITY SECT AW, ►�►,; TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CON 1 RACT 1O• cov AMENDMENT NO. 1 TO CONTRACT NUMBER 56150002260 o U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) i This Amendment to U. S. Department of Energy Weatherization Assistance Program Contract Number 56150002260 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", is executed on the respective dates indicated to ratify,confirm and acknowledge the execution date of this Amendment to be November 01,2015. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that U. S. Department of Energy Weatherization Assistance Program Contract Number 56150002260 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. Section 4.E.Department Obligations,of this Contract is hereby amended to read as follows: "Section 4. E. Department Obligations. 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$260,717.00." SECTION 2. The following Contract sections and exhibits are hereby amended as follows: 1. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 2. Add to Section 9 B. (25)A complete Quality Control Inspection(QCI)Fonn. SECTION 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 govenn 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 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 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 RECOW Page 1 of 4 CITY SECRETAR.:, FT WORTH,TY SECTION 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. SECTION 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. SECTION 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 9. This Amendment shall be effective and memorializes an effective date of November 01,2015. WITNESS OUR HAND EFFECTIVE: November 01,2015 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Title: Assistant City Manager Date: December 9,2015 1:10 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: December 11,2015 8:32 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS DEPARTMENT OF ENERGY CONTRACT NO. 561500002260 AMENDMENT NO. 1 APPROVED AS TO FORM AND LEGALITY: Paige Me e Assistant City Attorney ATTEST: Q�oo®�� � um C'$ 0;0 Mary J. Kayser $ 8� City Secretary �000 0 S M&C C-27071 AS Dated: November 4,2014 CITY OF FORT WORTH By: Susan Alanis (signed electronically-see attached contract) Title: Assistant City manager Date: December 9, 2015 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: December 11, 2015 [0FRCUAL "RECOR0 Ut �fo rl nJuu�l; 9 7x TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.1 TO CONTRACT NUMBER 56150002260 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $250,717.00 DOE WAP FUNDS CURRENTLY AVAILABLE $10,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $250,717.00 TOTAL ANTICIPATED DOE WAP FUNDS $10,000.00 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 n CATEGORIES FUNDS 2 Administration $26,072.00 3 Liability/Pollution Occurrence Insurance $5,967.00 Fiscal Audit $800.00 Materials/Program Support/Labor $174,302.00 4 Health and Safety $43,576.00 SUB-TOTAL $250,717.00 5 Training and Technical Assistance $10,000.00 TOTAL $260,717.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: n Denotes that the Subrecipient must request in writing any amendment needed to a budget category before TDHCA will make any amendments. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit, Training and Technical Assistance and/or the Health and Safety categories. Subrecipients are limited to two (2) requested budget amendments during the current Contract Term. Only those written request(s) from the subrecipients received at least forty-five (45) days prior to the end of the Contract Term will be reviewed. TDHCA may decline to review written requests received during the final forty-five(45)days of the Contract Term. Page 3 of 4 2 Denotes maximum dollar amount permitted for administration based on 10.00% of the total allowable expenditures excluding travel for training. 3 Denotes maximum $2,000 for liability insurance and the remaining balance for pollution occurrence insurance. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training / travel only. The Department must pre-approve any training and travel expenses. PERFORMANCE Subrecipient's service area consists of the following Texas counties: TARRANT Work orders must be submitted to weatherization contractors no later than June 30, 2016 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than July 30,2016. 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 no to exceed 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 Contract funds during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $7,105.00 total cost 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 M&C Review Page 1 of Official e of the City of • Worth, CITYCOUNCILAGENDA FoRTr11 COUNCIL ACTION: Approved on 11/4/2014- Ordinance No. 21523-11-2014 DATE: 11/4/2014 REFERENCE NO.: C-27071 LOG NAME: 80TDHCA-DOE 2015 CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2015 U.S. Department of Energy Weatherization Assistance Program in an Amount Up to $300,000.00, Authorize Related Contracts, Apply Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of U.S. Department of Energy Weatherization Assistance Program grant funds from the Texas Department of Housing and Community Affairs for the 2015 Weatherization Assistance Program in an amount up to $300,000.00; 2. Authorize the execution of related contracts, including any amendments, extensions and renewals, in accordance with City policies and regulations, with the Texas Department of Housing and Community Affairs for the grant funds for program year January 1, 2015 through December 31, 2015; 3. Apply the indirect costs at a rate of 10 percent of salary expenses only, which is the minimum standard rate allowed by the granting agency, if permitted by the Texas Department of Housing and Community Affairs; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$300,000.00, subject to receipt of the grant. DISCUSSION: The Texas Department of Housing and Community Affairs (TDHCA) operates the Weatherization Assistance Program (WAP) with funds from the U.S. Department of Energy (DOE) and the U.S. Department of Health and Human Services Low Income Home Energy Assistance Program (LIHEAP). WAP is designed to help low income customers control their energy costs through installation of weatherization materials and education. The WAP is administered through sub recipients, such as the City. The City has administered the WAP since 1982. The TDHCA has recently informed the City that DOE funding is now available for the 2015 WAP. This funding is in addition to the existing Low Income Housing Energy Assistance Program funds provided by TDHCA, which funds approximately $2,000,000.00 on an annual basis. The WAP serves low-income residents in Tarrant County by weatherizing their homes. Weatherization measures include attic insulation, weather stripping, caulking, repair and/or replacement of windows and doors and other minor repairs. Administrative costs are restricted to 10 percent based on the total allowable expenditures for the WAP. The City has weatherized 30 houses with funding from this grant between January 2014 and August 2014 and will target completing 50 houses in 2015. Overall, the WAP has completed 184 units during this same period in Fort Worth and Tarrant County. This program services ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/Mc—review.asp?ID=2041 1&councildate=l 1/4/2014 12/16/2015 M&C Review Page 2 of FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/AccounVCenters FROM Fund/Account/Centers 4) $300,000.0 GR76 488954 08020OXXX000 41 $300,000.00 GR76 5XXXXX 08020OXXX010 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 80TDHCA-DOE 2015AO14.docx http://apps.cfwnet.org/council_packet/mc—review.asp?Il]--2041 Mcouncildate—I 1/4/2014 12/16/2015