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HomeMy WebLinkAboutContract 47667-A2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY A �NO Y� AMENDMENT NO. 2 TO CONTRACT NUMBER 81160002404 FY 2016 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM "I"J�� (CFDA#93.568) da `ems ��6 8 1#sjAmendment No. 2 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance rogram "WAP" Contract Number. 81160002404 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 2016 LIHEAP WAP Contract Number 81160002404 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: 1. Section 2.Contract Period,of this Contract is hereby amended to read as follows: The period for performance of this Contract, unless earlier terminated is January 01, 2016 through March 31, 2017(hereinafter the"Contract Term"). 2. Section 4.E.Department Obligations of this Contract is hereby amended to read as follows: 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$910,843.00. SECTION 2. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 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 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 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. OFFICIAL RECORD Page 1 of 4 CITY SECRETARY FT. WORTH, TX 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. 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 S. 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 October 15,2016. WITNESS OUR HAND EFFECTIVE: 10/15/2016 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: December 9,2016 3:18 pm 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 13,2016 10:48 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2016 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM CONTRACT NO. 81160002404; AMENDMENT NO. 2 APPROVED AS TO FORM AND LEGALITY: Paige Mebane Assistant City Attorney by. IF OR onald P. Gonzales, s . City Secretary AS. M&C C-27613 Dated: January 26,2016 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City Manager Date: December 9, 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: December 13, 2016 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J es Ar str Housing Program Supervisor Title E L RECORD ECRETARY RTH, TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 81160002404 FY 2016 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 $908,843.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $908,843.00 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 r CATEGORIES FUNDS 2 Administration $56,928.00 3 Materials/Program Support/Labor $681,532.00 4 Health and Safety $170,383.00 SUB-TOTAL $908,843.00 5 Training and Technical Assistance $2,000.00 TOTAL $910,843.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: I 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 days of the Contract Term. 2 Denotes maximum for Administrative based on 6.25%of total allowable expenditures. 3 Expenses incurred under Roof Repair will come out of your Materials/Program Support/Labor budget. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training/gavel only. Page 3 of 4 PERFORMANCE Subrecipient's service area consists of the following Texas counties: TARRANT Work orders must be submitted to weatherization contractors no later than March 31, 2017 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than April 30,2017. 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 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 $6,500.00 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 N&C Review Page 1 of 2 Official site of the city of Fort Worth,Texas CITY COUNCIL AGENDA FORTI COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22075-01-2016 DATE: 1/26/2016 REFERENCE NO.: C-27613 LOG NAME: 19NS TDHCA- LIHEAP2016 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2016 Low-Income Housing Energy Assistance Program in the Amount Up to $2,000,000.00, Authorize Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs in the amount up to $2,000,000.00 for the 2016 Low-Income Housing Energy Assistance Program; 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, 2016 through December 31, 2016; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,000,000.00, subject to receipt of the grant. DISCUSSION: Since 1982, the City has operated the Low-Income Housing Energy Assistance Program (LIHEAP) through grants from the Texas Department of Housing and Community Affairs (TDHCA). This program serves low-income residents in Tarrant County by weatherizing their houses. 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 seven percent of the LIHEAP grant based on the total allowable expenditures for the Low-Income Housing Energy Assistance Program. The City has weatherized approximately 104 houses with funding from this grant between January and October 2015 and will target completing 120 houses in 2016. Overall, the Low-Income Housing Energy Assistance Program has completed 317 units during the same period in Fort Worth and Tarrant County. This program services ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: (Texas Department of Housing and Community Affairs). FISCAL INFORMATION/CERTIFICATION: The Chief Financial Officer 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. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21830&councildate=1/26/2016 12/27/2016 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 F21001 0190444 4371021 XXXXXX 981999 $2,000,000.00 21001 0190444 5XXXXXX XXXXXX 9819XX $2,000,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 19NS TDHCA-LIHEAP2015 Grant AO.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=21830&councildate=l/26/2016 12/27/2016