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HomeMy WebLinkAboutContract 55402-A4 CSC No.55402-A4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.4 TO CONTRACT NUMBER 81210003413 FY 2021 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) This Amendment No. 4 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81210003413 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 2021 LIHEAP WAP Contract Number 81210003413 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 2.CONTRACT TERM The Contract shall commence on January 01,2021 and,unless earlier terminated,shall end on June 30,2022 ("Contract Term). 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. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Page 1 of 4 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 March 15,2022. WITNESS OUR HAND EFFECTIVE: March 15,2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: April 7,2022 7:27 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: April 11,2022 8:01 am OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO.4 TO CONTRACT NUMBER 81210003413 FOR THE FY 2021 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 $842,261.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $842,261.00 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 Z Administration $60,871.00 3 Materials/Program Support/Labor $655,112.00 4 Health and Safety $126,278.00 SUB-TOTAL $842,261.00 5 Training and Technical Assistance $2,000.00 TOTAL $8449261.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: 1 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 calendar 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. 5 Department approved training/travel only. Page 3 of 4 PERFORMANCE All weatherization work under this contract must be completed and the work must have successfully passed a final inspection by June 30,2022. Grantees are advised that any weatherization work must be completed and inspected, and all necessary monitoring and follow-up activities must be completed, by the performance period end date of the contract. If costs are incurred after the performance period, these costs must be covered by another funding source. The following exception is minimal administrative costs that may be insurred within 45 days after the performance period end date for closeout and final reporting. 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 $8,000.00 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 i i i City of Fort Worth,Texas Mayor and Council Communication DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0019 LOG NAME: 1gNSTDHCA-LIHEAP2021 SUBJECT (ALL)Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2021 Low-income Housing Energy Assistance Program,a Federally Funded Program Sponsored by the United States Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs,in an Amount Up to$1,500,000.00,Authorize Related Contracts,Adopt Appropriation Ordinance,and Waive Indirect Costs RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs In an amount up to$1,500,000.00 for the 2021 Low-Income Housing Energy Assistance Program; 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 program year January 1,2021 through December31,2021; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to$1,500,000.00,subject to receipt of the grant;and 4. Waive indirect costs. DISCUSSION: Since 1982,the City has operated the Low-Income Housing Energy Assistance Program(LIHEAP)through grants from the Texas Department of Housing and Community Affairs(TDHCA).This program serves low-Income residents in Tarrant County by weatherizing their homes,making them more energy-efficient.Weatherization measures include attic insulation,weather-stripping,caulking,repair and/or replacement of windows and doors, and other minor repairs.Administrative costs are restricted to seven percent of the LIHEAP grant based on the total allowable expenditures for the LIHEAP. The City has weatherized approximately 54 houses with funding from this grant between January and September 2020 and projects completing 150 houses in 2021.All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized. A waiver by the City of indirect costs will maximize program benefits.The LIHEAP provides for 3.00 full-time positions with estimated direct salaries of$160,000.00.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$29,968.00. This program services 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 ordinances,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 expenditures being incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds.This is a reimbursement grant. Submitted for City Manager'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 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM CONTRACT NO. 81210003413; AMENDMENT NO.4 CSC No. 55402-A4 APPROVED AS TO FORM AND LEGALITY: Taylor Paris Assistant City Attorney ATTEST: OR)� p�000000000* �d o o t��o o��� J etteS.Goodall(Apr25,202209: CDT) �fj°o 0=� 0 0 0 Jannette Goodall 0� 00 *�� 00 City Secretary d�aAy 4 EXA5b4a M&C: 21-0019 Dated: January 12,2021 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City Manager Date: April 7, 2022 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: April 11, 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. A .lt/ Amy C o (Apr22,202211:46 CDT) Amy Connolly, Assistant Director Neighborhood Services OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX