HomeMy WebLinkAboutContract 57319-A2CSC No. 57319-A2
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(CFDA # 93.499)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2101TXLWC5
Award Year (Year of Award from HHS to TDHCA): 2021
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment No. 2 to 2021 Low Income Household Water Assistance Program ("LIHWAP")
Contract Number 34210003670 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 the
"Parties".
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program
Contract Number. 34210003670 ("Contract") on January 01, 2022 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:
1. Section 2, CONTRACT TERM, of this Contract is hereby amended as follows:
This Contract shall commence on January 01, 2022, and, unless earlier terminated in writing,
shall end on December 31, 2023 ("Contract Term").
2. Subsection D. 7. of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is
hereby deleted and replaced in its entirety as follows:
D. Department is not liable for any cost incurred by Subrecipient which:
7. is not reported to Department on a monthly expenditure and performance report within
thirty (30) calendar days following the end of the Contract Term.
3. Subsection D. of Section 5, METHOD OF PAYMENT/CASH BALANCES, of this Contract is
hereby deleted and replaced in its entirety as follows:
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 eligible
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 LIHWAP
contract for a period not
to exceed thirty (30) calendar
days from the end
of the Contract
Term.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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4. Subsection C. of Section 10, REPORTING REQUIREMENTS, of this Contract is hereby deleted
and replaced in its entirety as follows:
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.
5. Exhibit B. Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit B.
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 February 15, 2023.
WITNESS OUR HAND EFFECTIVE: February 15, 2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: September 12, 2023 5:26 pm
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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: September 13, 2023 7:50 am
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
The Consolidated Appropriations Act, 2021 (PL 116-260) (CFDA # 93.499)
FY 2021 LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
EXHIBIT B
PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
PERFORMANCE BENCHMARKS AS REFLECTED THROUGH THE MONTHLY EXPENDITURE
AND PEFORMANCE REPORT
The original amount of funds awarded under this Contract can be found in Section 4F of the Contract.
1. By June 30, 2022, Subrecipient must demonstrate expenditure of 25% or greater of the original
amount funds awarded under this Contract;
2. By April 30, 2023, Subrecipient must demonstrate expenditure of 40% or greater of the original
amount of funds awarded under this Contract;
3. By June 30, 2023, Subrecipient must demonstrate expenditure of 60% or greater of the original
amount of funds awarded under this Contract;
4. By August 31, 2023, Subrecipient must demonstrate expenditure of 80% or greater of the original
amount of funds under this Contract;
5. Subrecipient must submit a final Monthly Expenditure and Performance Report no later than 45
days after the end of the Contract Term.
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M&C Review
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Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORTWORTH
Create New From This M&C
DATE: 1/11/2022 REFERENCE NO.: M&C 22-0016 LOG NAME: 19NS LIHWAP
FUNDS
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of Low Income Household Water Assistance
Program Funds, a Federally Funded Program Sponsored by the United States
Department of Health and Human Services Designed to Provide Funds to Assist Low -
Income Households with Water and Wastewater Bills Under The Consolidated
Appropriations Act, 2021 and The American Rescue Plan Act of 2021 in an Amount Up to
$7,000,000.00 from the Texas Department of Housing and Community Affairs, Authorize
Execution of Related Contracts, Authorize a Waiver of Indirect Costs and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that City Council:
1. Authorize acceptance of Low Income Household Water Assistance Program Funds in an
amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs
under the The Consolidated Appropriations Act, 2021 and 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to
$7,000,000.00, for the purpose of funding the Low Income Household Water Assistance
Program (LIHWAP); and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 26.09\%,
estimated total of $181,083.00.
DISCUSSION:
The Consolidated Appropriations Act, 2021 (Public Law No.:116-260) signed on December 27, 2020
included funding to assist low-income households with water and wastewater bills. Additionally,The
American Rescue Plan Act (ARPA) of 2021 (Public Law 117-2), enacted on March 11, 2021, includes
a provision under Subtitle K (Ratepayer Protection) to assist low-income households that pay a high
proportion of household income for drinking water and wastewater services by providing funds to
reduce arrearages of and rates charged to such households. This provision is being implemented as
formula grant funds under the Low -Income Household Water Assistance Program (LIHWAP) Funds.
The Texas Department of Housing and Community Affairs (TDHCA) awarded LIHWAP funds to
agencies that implement the Low -Income Home Energy Assistance Program (LIHEAP).
The Comprehensive Energy Assistance Program (a component of LIHEAP) allows for low-income Fort
Worth and Tarrant County residents to receive bill payment assistance for heating and cooling their
homes. Guidelines for the LIHWAP will be similar to those of LIHEAP. Households must meet 150\%
of the Federal Poverty Income Guidelines, be a United States citizen or registered to legally work in
the United States and have a water vendor signed up to do business with the City of Fort Worth with a
Vendor Agreement on file.
On June 10, 2021, Neighborhood Services Department (NSD) staff met with the Fort Worth Water
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29568&councildate=l/l1/2022 1/12/2022
M&C Review
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Department and their Wholesale Customers at their annual meeting to introduce the LIHWAP and
guidelines. NSD will administer the program through its Community Action Partners program to assist
individuals and families with paying their home drinking water and wastewater bills. Applicants will
need to provide documentation of their income and utility bills. Currently, only current and past due
bills are eligible for payment. The grant funds are tentatively scheduled to expire on September 30,
2023.
Indirect costs totaling an estimated $181,083.00, calculated by taking wages & salaries designated for
this grant of approximately $694,070.53 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
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity ' Budget Reference #
Year (Chartfield 2)
Program Activity Budget Reference #
Year (Chartfield 2)
19NS LIHWAP FUNDS 21001.docx (Public)
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
Amount
Amount
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29568&councildate=l/l1/2022 1/12/2022
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 LIWAP PROGRAM -Amendment 2
CONTRACT NO.34210003670 CSC No. 57319 A-2
APPROVED AS TO FORM AND LEGALITY:
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Jessika Williams
Assistant City Attorney
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ATTEST: p o�ORT�°d
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Goodall Jannette
City Secretary
M&C: 22-0016
Dated: January 11, 2022
CITY OF FORT WORTH
By: Fernando Costa (signed electronically -see attached contract)
Title: Assistant City Manager
Date: September 12, 2023
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: September 13,2023
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.
4-44
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX