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HomeMy WebLinkAboutContract 51337-A1 CITY TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFF6 ft�TRA 3ECCT No.Y AMENDMENT NO.�TO CONTRACT NUMBER 56180002950 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) This Amendment to U. S. Department of Energy Weatherization Assistance Program Contract Number 56180002950 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 April 23,2019. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that U. S. Department of Energy Weatherization Assistance Program Contract Number 56180002950 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 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. 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. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 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. Page 1 of4 OFFICIAL RECORD CITY SECRETARY FT.1P WORTH,'TX 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 23,2019. WITNESS OUR HAND EFFECTIVE: April 23,2019 SU13RECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: April 29,2019 9:23 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: David Cervantes Title: Its duly authorized officer or representative Date: May 1,2019 8:47 am Page 2 of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56180002950; AMENDMENT NO. 1 FY 2018 U. S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM APPROVED AS TO FORM AND LEGALITY: :�iw /.. Matt Murray Assistant City Attorney ATTEST: FORT AA ary J. I a r City Secretary Y EXP' M&C C-28473 '" Dated: November 14, 2017 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City manager Date: April 29, 2019 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: May 1, 2019 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. &6axk a�: � Barbara Asbury, CoInpliance d onitoring Manager Neighborhood Services ®FFIC6�,���CDRD CITY SECRETARY FT.WORTH,TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.2 TO CONTRACT NUMBER 56180002950 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA981.042) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $250,641.00 DOE WAP FUNDS CURRENTLY AVAILABLE $13,380.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $250,641.00 TOTAL ANTICIPATED DOE WAP FUNDS $13,380.00 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 Z Administration $16,402.00 3 Liability/Pollution Occurrence Insurance $0.00 Fiscal Audit $0.00 Materials/Program Support/Labor $203,054.00 4 Health and Safety $31,185.00 SUB-TOTAL $2509641.00 5 Training and Technical Assistance $13,380.00 TOTAL $264,021.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: 1 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 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, 2019 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than July 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 Contract funds during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $7,261.00 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. The Indirect Cost Rate is a maximum 0.00%of modified total of direct costs. Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/14/2017 -Ordinance No.22995-11-2017 DATE: Tuesday,November 14,2017 REFERENCE NO.: **C-28473 LOG NAME: 19NS TDHCA-DOE 2018 SUBJECT: Authorize Acceptance of 2018 U.S.Department of Energy Weatherization Assistance Program Grant Funds,a Federally Funded Program Sponsored by the U.S.Department of Energy Designed to Provide Assistance for Low to Moderate Income Residents to Perform Home Modifications to Reduce Overall Energy Costs from the Texas Department of Housing and Community Affairs in an Amount Up to$400,000.00,Authorize Execution of Related Contracts, Adopt Appropriation Ordinance and Waive Indirect Costs(ALL COUNCIL DISTRICTS) RFCOMMENDATION: 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 2018 Weatherization Assistance Program in an amount up to$400,000.00; 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 the program year beginning on January 1,2018 and ending on December 31,2018; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $400,000.00,subject to receipt of the grant;and 4.Waive indirect costs in the amount of$10,395.00. DISCUSSION: The City has operated the Weatherization Assistance Program(WAP)with grant funds from the Texas Department of Housing and Community Affairs (TDHCA)since 1982. This funding is in addition to the Low Income Housing Energy Assistance Program funds provided by TDHCA,which funds approximately$1,000,000.00 on an annual basis. The program provides weatherization services for low-income residents in Tarrant County. Weatherization measures include attic insulation,weather stripping,caulking,repair and 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 approximately 35 houses with funding from this grant between January and September 2017 and will target completing 50 houses in 2018.Overall,the WAP has completed 113 units during this same period in Fort Worth and Tarrant County. A waiver by the City of indirect costs will maximize program benefits.The 2018 United States Department of Energy Weatherization Assistance Program grant provides for 1.25 full time positions with estimated direct salaries of$63,000.00. The addition of indirect costs would result in reduction of services and staff.The estimated indirect cost to be waived is$10,395.00. 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 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): I Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) EBUM Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office hy: Fernando Costa (6122) Originating ting Department Head: Aubrey Thagard (8187) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 1. 19NS TDHCA-DOE 2018 21001—AO18.docx irunti�l