HomeMy WebLinkAboutContract 44554-A1 (4;1h I
COWMCT `
`FEXAS DEPARTMENT OF HOUSING AND CO INMU ITY AFFAIRS
S
CONTRACT T NO, 5813000,1621 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(C CAP
( FDA# ,568
AMENDMENT NUMBER, l
SECTION I'..
This Amendment Number l to EAP Contract No. 58130001612,1 (the "First Amendment") is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department")
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and City of Fort Worth a political subdivision of the State of Texas(thee"Subrecipient"),(hereinafter,collectively the"Parties").
SECTION 2.
ubrecipient and Department executed that certain C`' AP Contract No,58130001621("Contract")to be effective on 1/2/2,013,
SECTION 3. ASR 1l E T
Under the authority described in Section 12 of the Contract and for valuable considleration, the receipt and sufficiency which are
hereby acknowledged,the Parties hereby agree to[further]amend the Contract in the manner provided herein below:
1.. Section l 5,Independent Subrecipient,to the Contract is amended by replacing in its entirety
X It is agreed that Department is contracting with 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, eve years, The auditor
shall retain working papers and reports for a nliniuruum of the three years after the date of directive of the auditoes report to
the Subrecipicnt. Audit working paupers 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 ofworking papers,as is reasonable and necessary.
3, Section 21 131.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 skate tory 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 rnistal es the contractors may
make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence
insurance coverage.
SECTION 4.
The Parties hereto agree that all other 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 burst Amendment, In the event this First.
Amendment and the terms of the Contract [as amended by the First Amendment] are in conflict, this First Airiendrnent shall govern,
unless it would make the Contract void by law.
SECTION 5.
Each capitalized term not expressly defined herein shall have the rneauling given to such term in the Contract,
SECTION 6.
This First 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 oil Parties, notwithstanding that all the Parties shall not have signed the same
counterpart.
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SECTION 7.
If any of the Parties returns this copy by facsimile niachine 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 S.
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.
SECTION 9.
'his First Amendment shall be binding upon the Parties hereto and their respective successors and assigns,
SECTION 10.
This First Amendment is executed to be effective on the date of execution by the authorized representative for the Department,
AGREED TO AND EXEcuTED BY:
City of Fort Worth
a political subdivision of the State of Texas,
BY: SUsan Al,anis
Title:Assistant City Manager
late:5/29,/2013
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K.Irvine
Title:Its duly authorized officer or representative
Date:5/29120 13
Page 2,of 2
TEXAS DEPARTMENT OF HOUSING AND COMMIUNITY AFFAIRS
CONTRACT NO. 5813000162 1* AMENDMENT NO. I
PY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
APPROVED LEGALITY,AS TO FORM AND
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Assistant City Attorney
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M&C C-26093
Dated.: February 5, 2013
CITY OF FORT WORTH
By Susan Alan is (signed electronically-see attached contract),
Title*, Assistant City manager
TEXAS. "EP., RT T OF HOUSING AND COMMUNITY AFFAIRS
BY** Timothy K. Irvine (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
FOIFFICIAL RECORD
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M.al,vor n,d uouncil co unication
COU'N'CIL ACTION:: Approved on 2/5/2011,31 -1 Ordiniance No, 20609,.02-2013
C 'Tuesday, February 05, 2013 REFERENCE NO.: C-26093
E.
LOG NAME: 80CEAP201 3
SUBJECT:
Authorize Acceptance of a Grant and Execution of a Contract with Texas Department of Housing and
Community Affairs for 201,3, Comprehensive Energy Assistance Program in the Amount Up,to
$10,000,000.00 Through December 31, 20,113, 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 g:rant and the execution of a contract with the Texas Department of
Housing and Community Affairs in the amount up to$101 0100, 10.,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,finalnicA'nig, 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 cif$10,000,000.001 and
4. Waive indirect costs.
DISCUSSION:
The City of Fort Worth contracts with the Texas, Department of Housing and Community Affairs TD CA
to provide the Comprehensive Energy Assistance Program (CEAP) ,through Community Action Partners,
(CAP), offices managed by the City's Parks,and Comp m�unlity Services Department. The TDHCA has
notified the City to use the prior years grant award and contract amount as a plans iing figu�re 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 substantia�lly modify the rules, governing -the administration of the
CEAP. Under the new rulesf there will be three compo�nents'.
1., Household Energy Crisis-weatherization and/or 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
Loge me 80CEAP2 13: Page 1, of 2
3. Case Management- promoting energy self-sufficiency.
I
All households, at or below 1125 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 to 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.
TD CA 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 g,rant,funding, program period to
the next. Repayment to the General Fund wilil 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 LEAP
grant. A waiver by the City of indirect costs will maximize program benefits.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMAnnON I CERTIFICATION.
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance) funds will be avai�ll,able in the current,operating
budget, as apipropriated, of the Grants, Fund. Upon exelcut,ion of the grant contract, 'interim funding will be
returned to the General Fund, after the first reimbursement.
FUND CENTERS:
TO F'und/AccounVCenters FROM F and/Acco,unt/Centers
GR76 488195 080200615000 $101000,000.00 GG 1 136,076 O000000 15001 00.00
G 76 5XXXXX 080200615XXX $1 ,00OLO 0
GR76 220001 000200615 115010,0OO.00
CERTIFICATION&
Submitted for Cijy Manager's Offic Susan Alanis (8180)
Richard Zala (5 704)
06ginating Deoartment Head,, av
i ta Sonia S,ingleton (5774),
Additions al Information Cone
ATTACHMENTS
1. 80CEAP2013 A013.dioc (Public)
2. fundinq verificationcien.doc (CFW�intemal)
Logname: 80CE,AP'20113 Page 2 of 2