HomeMy WebLinkAboutContract 55184-A2 CSC No.55184-A2
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 58210003378
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568)
This Amendment No. 2 to Comprehensive Energy Assistance Program Contract Number. 58210003378 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
58210003378("Contract")on January 01,2021 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 section is hereby amended as follows:
1. Section 2.Contract Term,of this Contract is hereby amended to read as follows:
The period for performance of this Contract, unless earlier terminated is January 01, 2021 through March
31,2022(hereinafter the"Contract Term").
2. Section 4. DEPARTMENT FINANCIAL OBLIGATIONS
F. 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 $7,101,333.00.
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.
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.
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 4 FT. WORTH, TX
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 December 15,2021.
WITNESS OUR HAND EFFECTIVE: December 15,2021
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 28,2021 7:00 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 3,2022 7:56 am
OFFICIAL RECORD
CITY SECRETARY
Page 2 of FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 58210003378
FY 2021 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
L 7J nL333.no CEAP FUNDS CURRENTLY AVAILABLE
P 2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $512,716.00 -
Direct Services $6,586,117.00 -
TOTAL CEAP BUDGET $7,098,833.00 -
BUDGET CATEGORY FUNDS %
Household Crisis $2,855,411.00 43.35
Utility Assistance $2,855,411.00 43.35
Program Services $875,295.00 13.29
TOTAL DIRECT SERVICES $6,586,117.00 100.00
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.
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.
Page 3 of 4
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.
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.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s)and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in the appropriate
budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This
will credit back the vendor refund(s)for the Subrecipient to expend on eligible expenses during the Contract Term.
If the Contract Term has expired, Subrecipient must return the vendor refund(s) to the Department containing the
contract number and appropriate budget line item associated to the refund(s).
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0017
LOG NAME: 19NSCEAP2021
SUBJECT
(ALL)Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to$8,000,000.00 for the
2021 Comprehensive Energy Assistance Program, a Federally Funded Program Sponsored by the United States 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 Costs
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to$8,000,000.00 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,
2021 and ending on December 31,2021;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an
amount up to$8,000,000.00,subject to receipt of the grant;and
4. Waive indirect costs.
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 2021 CEAP.The total
2020 contract amount was$6,747,841.00.CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to
$8,000,000.00 for this program in 2021.The additional appropriation takes into account anticipated energy rate increases and the award of
subsequent grant amounts due to other grantees being unable to spendtheir funding. During the past five years,the City has received an average
of$5,782,948.00 per year and as much as $6,747,841.00 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. Education-providing information about energy conservation measures.
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 policies. Benefit determinations include household income,household size,
energy consumption and/or vulnerability,and the availability of funds.CAP staff will accept applications at nine 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 2020 to September 2020,CAP served 4,162 households and 10,643 individuals using this grant.
A waiver by the City of indirect costs will maximize program benefits.CEAP provides for 20 full-time positions with estimated direct salaries of
$975,000.00.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$182,618.00.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: 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 and adoption of the attached appropriation ordinance,funds
will be available in the current operating budget,as appropriated, in the Grants Operating Federal Fund.The Neighborhood Services
Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an
expenditure being incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds.This is a
reimbursement grant.
,Submitted for City Manaaer's Office by Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact:, Sonia Singleton 5774
Gail Duncan 5730
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 CEAP PROGRAM
CONTRACT NO.58210003378;AMENDMENT NO. 2 CSC No. 55184 -A2
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris
Assistant City Attorney
ATTEST:
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M&C: 21-0017 °°°°°°°°°° a�
Dated: January 12, 2021 ���EXASoa
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title: Assistant City Manager
Date: December 28, 2021
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson(signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: January 3, 2022
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.
Son—iyTiinglet (Jan 5,202216:46 CST)
Sonia Singleton,Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX