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HomeMy WebLinkAboutContract 52859-A1 CITY SECRETARY TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 5a AMENDMENT NO.1 TO CONTRACT NUMBER 56190003121 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) This Amendment to U. S. Department of Energy Weatherization Assistance Program Contract Number 56190003121 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 01,2019. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that U. S. Department of Energy Weatherization Assistance Program Contract Number 56190003121 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. 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$361,416.00." 2• 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. Aj OFFICIAL.RECORD RECEIVER CITY SECRETARY JAN 21 2020 Page I of FT WORTH,TX CITY OF FORT WORTFF CITYSECRETARY 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 November 01,2019. WITNESS OUR HAND EFFECTIVE: November 01,2019 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: December 30,2019 4:37 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date: January 6,2020 10:01 am OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56190003121; AMENDMENT NO. 1 FY 2019 U. S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM APPROVED AS TO FORM AND LEGALITY: Matt Murray Assistant City Attorney ATTEST: > *T Mary Aer City Sy M&C 190055 Dated: August 20, 2019 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract)j C_ Title: Assistant City manager Date: December 30, 2019 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson(signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: January 6, 2020 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. Am Conno Assistant ector Neighborhood Services TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.1 TO CONTRACT NUMBER 56190003121 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 $336,416.00 DOE WAP FUNDS CURRENTLY AVAILABLE $25,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $336,416.00 TOTAL ANTICIPATED DOE WAP FUNDS $25,000.00 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 CATEGORIES FUNDS 2 Administration $18,071.00 3 Liability/Pollution Occurrence Insurance $7,664.00 Fiscal Audit $1,000.00 Materials/Program Support/Labor $263,229.00 4 Health and Safety $46,452.00 SUB-TOTAL $3369416.00 s Training and Technical Assistance $25,000.00 TOTAL $361,416.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: 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-live (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 5.00% 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, 2020 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than July 31,2020. 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 $7,541.00 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. Subrecipient has a federally approved indirect cost rate of 0.00%. Page 4 of 4