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Home My WebLink AboutContract 50143-A1 CITY SECRETARY CONTRACT NO. S TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO I X TO CONTRACT NUMBER 81180002880 FY 2018 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) QW This Amendment No. I X to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81180002880 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 2018 LIHEAP WAP Contract Number 81180002880 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 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$1,172,931.00. 2. Section 16 A. Management of Equipment and Inventory of this Contract is hereby deleted in it's entirety and replaced with the following: Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost $5,000.00 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization Assistance Program. 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. s CWN 3. cn `p ``" E capitalized term not expressly defined herein shall have the meaning given to such term in the Cc nt 99� rd60FICIAL RECORD Page 1 of4 CITY SECRETARY FT..'NORTH,TX 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. 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 April 24,2018. WITNESS OUR HAND EFFECTIVE: 4/24/2018 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costae Title: Assistant City Manager Date: June 6,2018 12:45 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: June 7,2018 10:42 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2018 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM AMENDMENT NO. 1 CONTRACT NO. 81180002880 APPROVED AS TO FORM AND LEGALITY: e Paige Mebane Assistant City Attorney ATTEST: FORT ary J. K4Y,4, 2 f City Secretary M&C C-28482 �XAS Dated: November 14,2017 CITY OF FORT WORTH tea- By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City Manager Date: June 6, 2018 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: June 7, 2018 Contract Compliance Manager: 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. &Joia- 44-i-M - BarbarA Asbury, Complian e and Monit mg Manager Neighborhood Services OFFICIAL RECORD CITY SECRETARY Wofawo'TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO!k TO CONTRACT NUMBER 81180002880 FY 2018 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 $1,170,931.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $1,170,931.00 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 1 CATEGORIES FUNDS 2 Administration $84,568.00 3 Materials/Program Support/Labor S 869,090.00 4 Health and Safety S 217,273.00 SUB-TOTAL $1,170,931.00 Training and Technical Assistance $2,000.00 =TOTAL $1,172,931.00 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 days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21%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. 3 Department approved training/travel 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 December 31, 2018 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than January 31,2019. 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