HomeMy WebLinkAboutContract 44554-A1c�a�uT� r��o��i ��S�I- I�-1
TG�CAS D�Pr1R'CNIGNT OT HOUSING AND COMMUNITY ArTAIRS
CONTRACT NO. 58130001621 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CPDA # 93.568)
AMENDMENT NUMBER: 1
SECTION 1.
This Amendment Number 1 to CEAP Contract No. 58130001621 (the "�irst Amendment") is made by and between the Texas
Deparhnent of Housing and Community Affairs, a public and official agency of the State of Tesas (hereinaRer the "Department")
and City of Fort Worth a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter, collectively the "Parties").
S�CTION 2.
Subrecipient and Department executed that certain CEAP Contract No. 58130001621 ("Contract") to be effective on 1/2/2013.
SECTION 3. AGR�EM�N'P
Under the authority described in Section 12 of the Contract and for valuable consideration, the receipt and sufficiency which are
hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein belo�v:
l. Section 15, Independent Subrecipient, to the Contract is amended by replacing in its entirety
A. It is agreed that Department is contracting �vith Subrecipient as an independent contractor.
2. Section 18 F, Audit, to the Contract is amended by replacing in its entirety
A. Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor
shall retain working papers and reports for a minimum of the three years after the date of directive of the audito�s report to
the Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as
part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this
Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.
3. Section 21 B, Bonding and Insurance Requirements, to the Contract is amended by replacing in its entirety
A. The Subrecipient is basically a self-funded entity subject to statutory tort laws and, as such, generally, it does not maintain a
commercial general liability insurance and/or auto liability policy. The Department strongly recommends the Subrecipient
require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may
make. Each agency should get a legal opinion regarding the best course to take Yor implementing the pollution occurrence
insurance coverage.
SECTION 4.
The Parties hereto agree that all other terms of the Contract shall be and remain in fiill force and effect as therein set forth and shall
continue to govern except to tlie extent that said terms conflict with the tenns of this Pirst Amendmenk In the event this First
Amendment and the tenns of the Contract (as amended by the First Amendment] are in conflict, this First Amendment shall govem,
unless it �vould make the Contract void by law.
S�CTION 5.
Each capitalized tenn not expressly defined herein shall have the meaning given to such term in the Contract.
SEC'CION 6.
This First Amendment may be executed in several counterpaRs, each of which shall be deemed to be an original copy, and all of
�vhich together shall constitute one agreement binding on Parties, nohvithstanding that aU the Parties shall not have sig�ted the same
counterpart.
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SGCTION 7.
[f any of the Parties retums this 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 8.
By signing this First 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.
SCCTION 9.
This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
S�CTION 10.
This First Amendment is executed to be effective on the date of execution by the authorized representative for the Department.
AGR�ED TO AND G!C�CUT�D BY:
City of Fort Worth
a political subdivision of the State of Tesas
By: Susan Alanis
Title:Assistant City Manager
Date:S/29/2013
T�YAS D�PARTNIENT OT HOUSING AND COMNIUNITY ArrAIRS
By: Timothy K. Irvine
Title:Its duly authorized officer or representative
Date:S/29/2013
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 58130001621; AMENDMENT NO. 1
PY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
APPROVED AS TO FORM AND LEGALITY:
_ _ = -� �, � � /�/'
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Tyler Walla
Assistant City Attorney _
ATTEST: �
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Mary J. Kayser
City Secretary
M&C C-26093
Dated: February 5, 2013
CITY OF FORT WORTH
By: Susan Alanis (signed electronically-see attached contract)
Title: Assistant City manager
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K. Irvine (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
OFFICIAL ItEC�Fd�
CITY SECFtf�'�'A�y
�'9'. iMORYH� �'X ;
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/5/2013 - Ordinance No. 20609-02-2013
DATE: Tuesday, February 05, 2013
LOG NAME: 80CEAP2013
REFERENCE NO.: C-26093
SUBJECT:
Authorize Acceptance of a Grant and Execution of a Contract with Texas Department of Housing and
Community Affairs for 2013 Comprehensive Energy Assistance Program in the Amount Up to
$10,000,000.00 Through December 31, 2013, Authorize Interfund Loan, Waive Indirect Costs and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant and the execution of a contract with the Texas Department of
Housing and Community Affairs in the amount up to $10,000,000.00 for the 2013 Comprehensive Energy
Assistance Program;
2. Authorize a non-interest bearing interfund loan from the fund balance of the General Fund to the
Grants Fund in the amount of $500,000.00 for interim financing of this grant project pending contract
execution;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $10,000,000.00; 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 Community Action Partners
(CAP) offices managed by the City's Parks and Community 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 2013
CEAP. The total 2012 contract amount was $7,444,661.00. In response to the continuing increase in
energy rates, CAP staff projects an increase in funding resulting in an estimated grant award in the
amount up to $10,000,000.00 for this program in 2013.
The TDHCA has proposed to substantially modify the rules governing the administration of the
CEAP. Under the new rules, there will be three components:
1. Household Energy Crisis - weatherization andlor energy related assistance; and repair of HVAC
systems and/or purchase of window units;
2. Elderly/Disabled Assistance - assistance to households with a composition of elderly and/or disabled
members; and
Logname: 80CEAP2013 Page 1 of 2
3. Case Management - promoting energy self-sufficiency.
All households at or below 125 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 procedures. Benefit determinations include household income, household size, energy
consumption and/or vulnerability and the availability of funds. CAP staff will accept applications at 10
neighborhood Community Action Partners 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 six percent of the grant award (excluding travel and training) to be budgeted
for administrative costs and five percent for case management administrative costs. The remaining funds
will be used for Household Energy Crisis and Elderly/Disabled Assistance for the duration of the
Contract. During 2012, CAP served 8,868 households and 22,099 individuals.
Interim financing is necessary in order to provide for transition from one grant funding program period to
the next. Repayment to the General Fund will be made after the first reimbursement, which is anticipated
to be in the March or April timeframe. No matching funds are required from the City for the CEAP
grant. A waiver by the City of indirect costs will maximize program benefits.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director 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, of the Grants Fund. Upon execution of the grant contract, interim funding will be
returned to the General Fund, after the first reimbursement.
FUND CENTERS:
TO Fund/Account/Centers
GR76 488195 080200615000
GR76 SXXXXX 080200615XXX
GR76 220001 000200615
CERTIFICATIONS:
FROM FundlAccount/Centers
$10,OOp,000.00 GG01 136076 0000000
$10,000,000.00
$500, 000.00
Submitted for City Manaqer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 80CEAP2013 A013.doc (Public)
2. fundinq verificationqen.doc (CFW Internal)
Logname: 80CEAP2013
Susan Alanis (8180)
Richard Zavala (5704)
Sonia Singleton (5774)
$500, 000.00
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