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HomeMy WebLinkAboutContract 55184-A4 CSC No. 55184-A4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 4 TO CONTRACT NUMBER 58210003378 FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568) This Amendment No. 4 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 sections 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 September 30,2022(hereinafter the"Contract Term"). 2. SECTION 4.DEPARTMENT FINANCIAL OBLIGATIONS D. Department is not liable for any cost incurred by Subrecipient which: 4. is not reported to Department on a monthly expenditure or performance report within thirty (30) calendar days following the end of the Contract Term;or 3. SECTION 5.METHOD OF PAYMENT/CASH BALANCES D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's Service Area incurred during the Contract Term. Subrecipient may incur costs for activities associated with the closeout of the CEAP contract for a period not to exceed thirty (30) calendar days from the end of the Contract Term. 4. SECTION 10.REPORTING REQUIREMENTS C. FINAL REPORTS. Subrecipient shall electronically submit to Department, no later than thirty (30) calendar days after the end of the Contract Term, a final report of all expenditures of funds and clients served under this Contract. Failure of Subrecipient to provide a full accounting of funds expended under this Contract may result in the termination of this Contract and ineligibility to receive additional funds. If Subrecipient fails to submit a final expenditure/performance report within thirty (30) calendar days of the end of the Contract Term,Department will use the last report submitted by Subrecipient as the final report. OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX 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. 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 June 15,2022. WITNESS OUR HAND EFFECTIVE: June 15,2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: July 8,2022 3:06 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson OFFICIAL RECORD Title: Its duly authorized officer or representative Date: July 11,2022 10:19 am CITY SECRETARY FT. WORTH, TX Page 2 of 2 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 spend their 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 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 CEAP PROGRAM CONTRACT NO. 58210003378; AMENDMENT NO.4 CSC No. 55184 —A4 APPROVED AS TO FORM AND LEGALITY: Jessika Williams Assistant City Attorney ATTEST: a ° d ° 00 0. J ette S.Good a[[(Aug 3,2022 12: DT) 00 o o- ° o o° �d Jannette Goodall o ° ° d City Secretary d �4 nEXASoA M&C: 21-0017 Dated: January 12,2021 CITY OF FORT WORTH By: Fernando Costa(signed electronically-see attached contract) Title: Assistant City Manager Date: July 8, 2022 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: July 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. /ems Sonia Singleton, Assistant Director Neighborhood Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX