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HomeMy WebLinkAboutContract 48755-A1 CITYSECRETARY CONTRACT NO. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.!;,fO CONTRACT NUMBER 58170002578 FY 2017 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568) 1 10 This Amendment No. /to Comprehensive Energy Assistance Program Contract Number. 58170002578 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. 58170002578("Contract")on January 01,2017 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 8 B.is deleted in it's entirety and replaced in it's entirety with: CEAP funds allow up to 7.22% 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. 2. Section 4.F. Denartment Obligations,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 $4,686,508.00." 3. 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. OFFICIAL RECORD Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. CITY I3ECRITARY 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. Page 1 of 4 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 June 14,2017. WITNESS OUR HAND EFFECTIVE: June 14,2017 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: July 17,2017 7:45 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 18,2017 8:29 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2017 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (LEAP) CONTRACT NO. 58170002578; AMENDMENT NO. 2 (CFDA #93.568) APPROVED AS TO FORM AND LEGALITY: 7 4Paieane Assistant City Attorney ATTEST: FORT- Mary J. er _ City Secretary M&C C-28112 TEXAS OFFICIAL RECORD Dated: February 14,2017 CITY SECRETARY FT.WORTH,TX -------------- CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City Manager Date: July 17, 2017 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 18, 2017 By signing below, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ( Sonia Singleton, AssiDirector Neighborhood Service TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 58170002578 FY 2017 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 S 4,686,508.00 CEAP FUNDS CURRENTLY AVAILABLE $1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $338,366.00 - Direct Services $4,346,942.00 - TOTAL CEAP BUDGET $4,685,308.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 1,884,616.00 43.35 Utility Assistance $ 1,884,617.00 43.36 Program Services $577,709.00 13.29 TOTAL DIRECT SERVICES $4,346,942.00 100.00 Subrecipient's service area consists of the following Texas counties: TARRANT General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program services,must be paid with nonfederal funds. Page 3 of 4 Program services costs shall not exceed the maximum 13.29%. 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 $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 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 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/14/2017 -Ordinance No.22606-02-2017 DATE: Tuesday,February 14, 2017 REFERENCE NO.: C-28112 LOG NAME: 19NS CEAP2017 SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $7,000,000.00 for the 2017 Comprehensive Energy Assistance Program,a Federally Funded Program Sponsored by U.S. Department of Health and Human Services Designed to Provide Utility Payment Assistance and Energy Conservation Education for Low to Moderate Income Residents,Authorize Related Contracts,Adopt Appropriation Ordinance, and Waive Indirect Cost(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs; 2. Authorize the execution of related contracts, including any amendments, renewals and extensions in accordance with City policies and regulations with the Texas Department of Housing and Community Affairs for the grant funds for the program year beginning on January 1, 2017 and ending on December 31,2017; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $7,000,000.00, subject to receipt of the grant; and 4. Waive indirect costs in the amount of$100,980.00. DISCUSSION: The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive Energy Assistance Program(CEAP)through the Community Action Partners (CAP), which is managed by the City's Neighborhood 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 2017 CEAP. The total 2016 contract amount was $4,471,607.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $7,000,000.00 for this program in 2017. The additional appropriation takes into account anticipated energy rate increases and the award of subsequent grant amounts due to other grantees being unable to spend their funding. During the past seven years, the City has received an average of$6,341,752.00 per year and as much as $9,202,727.00 in one year. The three components of the program are: 1. Household Energy Crisis -weatherization and/or energy related assistance,repair of HVAC systems and/or purchase of window units; 2. Utility Assistance-assistance to all eligible households with priority given to household composition of elderly and/or disabled members or a child under the age of five;and 3. Case Management-promoting energy self-sufficiency. All households at or below 150 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 7.22 percent of the grant award(excluding travel and training)to be budgeted for administrative costs and 13.29 percent for program service costs. The remaining funds will be used for Household Energy Crisis and Utility Assistance for the duration of the contract. From January 2016 to December 2016, CAP served 5,677 households and 14,204 individuals. A waiver by the City of indirect costs will maximize program benefits. CEAP provides for 14 full-time positions with estimated direct salaries of $612,000.00. The addition of indirect costs would result in the reduction of Staff and services. The estimated indirect costs that are being asked to be waived is$100,980.00. No matching funds are required from the City for the CEAP Grant. This program serves 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 Director of Finance 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. This is a reimbursement grant. FUND IDENTIFIERS (FIDS): ID Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) J Y FROM Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City_Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Tbagard (8187) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 1. 19 NS CEAP2017 Ordinance.docx (Public)