HomeMy WebLinkAboutContract 56993-A1 CSC No. 56993-A1
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER25210003532
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) and
AMERICAN RESCUE PLAN ACT (ARP Act)
(CFDA#93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2101 TXE5C6
Award Year(Year of Award from HHS to TDHCA): 2021
Unique Entity Identifier Number: FXG4SWSNZKT9
This Amendment No. 1 to Comprehensive Energy Assistance Program and American Rescue
Plan Contract Number. 25210003532 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. 25210003532 ("Contract')on October 01, 2021 and
WHEREAS, Chapter 2105 of the Texas Government Code delineates the administration of block
grants and accounts for changes in federal law or regulations;
WHEREAS, funds under the ARP Act are considered temporary funding with distinct obligation and
expenditure deadlines and as such, some references in the Contract to Chapter 2105 of the Texas
Government Code were made in error;
WHEREAS, the Parties have determined Chapter 2105 of Texas Government Code applies,
except for Subchapters E and F;
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:
1. Subsection B of Section 3, SUBRECIPIENT PERFORMANCE, of this Contract is hereby
amended to read, "...Chapter 2105, except for Subchapters E and F..."
2. Subsection A of Section 7, Deobligation, Termination and Suspension, of this Contract is
hereby amended to read, "Chapter 2105, except for Subchapters E and F of the Texas
Government Code."
3. Section A of Section 22, Compliance with Laws of this Contract is hereby amended to read,
"Chapter 2105, except for Subchapters E and F of the Texas Government Code..."
4. Subsection F of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is
hereby amended as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 4
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
$4,872,772.00.
5. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced
in its entirety with the attached Exhibit A.
6. 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.
7. Each capitalized term not expressly defined herein shall have the meaning given to such term
in the Contract.
8. 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.
9. 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.
10. 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.
11. This Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
12. This Amendment shall be effective and memorializes an effective date of June 01, 2022.
WITNESS OUR HAND EFFECTIVE: June 01, 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 3:07 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: July 11, 2022 10:19 am OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 2 of 4
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 25210003532
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM and
AMERICAN RESCUE PLAN ACT (ARP Act)
(CFDA#93.568)
EXHIBITA
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 4,872,772.00 CEAP FUNDS CURRENTLY AVAILABLE
TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $442,935.00 -
Direct Services $4,429,837.00 -
TOTAL CEAP BUDGET $4,872,772.00 -
BUDGET CATEGORY FUNDS %
Household Crisis $ 1,920,556.00 43.36
Utility Assistance $ 1,920,556.00 43.36
Program Services $ 588,725.00 13.29
TOTAL DIRECT SERVICES $4,429,837.00 100.00
General Administrative and coordination of CEAP, including costs and all indirect (overhead) cost,
examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office
space are limited to 9.09% of the Contract expenditures. All other administrative costs, exclusive of
costs for program services, must be paid with nonfederal funds
Page 3 of 4
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 costs 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
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 8 months of the Contract
Term. A second and final budget revision must be received by the Department no later than 45
calendar 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 termination of this Contract. 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
M&C Review Page 1 of 2
CITY COUNCIL AGENDA F(]R_ WoRIII
Create New From This M&C
DATE: 1/11/2022 REFERENCE NO.: M&C 22-0014 LOG NAME: 19NS CEAP
ARPA FUNDS
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of Comprehensive Energy Assistance Program American
Rescue Plan Funds in an Amount Up to $6,496,163.00 from the Texas Department of
Housing and Community Affairs, a Federally Funded Program Sponsored by the U.S.
Department of Health and Human Services Designed to Provide Utility Payment
Assistance and Energy Conservation Education for Low to Moderate Income Residents
Under the American Rescue Plan Act of 2021, Authorize Execution of Related Contracts,
Authorize Waiver of the Indirect Cost, and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that City Council:
1. Authorize acceptance of Comprehensive Energy Assistance Program funds in an amount up
to $6,496,163.00 from the Texas Department of Housing and Community Affairs under the
American Rescue Plan Act of 2021;
2. Authorize the City Manager or his designee to execute related contracts, including any
renewals, amendments and extensions with the Texas Department of Housing and
Community Affairs;
3. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 26.09\%,
estimated total of $179,416.46;and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the amount of $6,496,163.00, for the purpose of
funding utility payment assistance and energy conservation education for low to moderate
income residents under the American Rescue Plan Act of 2021.
DISCUSSION:
The American Rescue Plan Act (ARPA) of 2021 (Public Law 117-2) enacted on March
11,2021, includes provisions to help local governments prevent, prepare for and respond to the
coronavirus pandemic, including providing for additional allocations of formula grant funds under the
Comprehensive Energy Assistance Program (CEAP). The City was notified by Texas Department of
Housing and Community Affairs as an eligible entity with an award up to $6,496,163.00.
The Community Action Partners will administer the funds to assist coronavirus-related clients with:
1. Household Energy Crisis - repair of HVAC systems and/or purchase of window units and
other energy-related assistance;
2. Utility Assistance - assistance to eligible households with priority given to household
composition of elderly and/or disabled members or a child 5 and under; and
3. Education - providing information about energy conservation measures.
All households at or below 150 percent of the Federal Poverty Income Guidelines will have access to
the program. Applicants will need to provide documentation of their income, utility bills and the
impact of the coronavirus relating to their inability to pay.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29566&councildate=I/11/2022 1/12/2022
M&C Review Page 2 of 2
Indirect costs totaling an estimated $179,416.46, calculated by taking wages & salaries designated for
this grant of approximately $687,682.86 multiplied by the Neighborhood Service Departments' indirect
cost rate of 26.09\% defined in the City's most recent Cost Allocation Plan, could be charged to this
grant. A waiver of these indirect costs is requested to allow allocation of these funds to further support
the programs and services to assist low-to-moderate income citizens.
This program is available in ALL COUNCIL DISTRICTS.
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 expenditures being incurred, Neighborhood Services Department has the responsibility
to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner(8187)
Additional Information Contact: Sonia Singleton (5774)
Benedict George (7339)
ATTACHMENTS
19NS CEAP ARP FUNDS 21001 A022(r3).docx (Public)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29566&councildate=I/11/2022 1/12/2022
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 CEAP ARPA PROGRAM
CONTRACT NO. 25210003532 CSC 56993 A#1
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
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M&C: 22-0014 �4.Q n 0000 p
Dated: January 11, 2022
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.
A
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX