HomeMy WebLinkAboutContract 58717-A3CSC No. 58717-A3
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 3 TO CONTRACT NUMBER 58230003822
FY 2023 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
(CFDA # 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2301 LIEA
Award Year (Year of Award from HHS to TDHCA): 2023
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment No. 3 to Comprehensive Energy Assistance Program Contract Number
58230003822 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 58230003822 ("Contract") on January 01, 2023 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 aqree as follows:
1. Exhibit A. Budget, of this Contract is hereby deleted and replaced in its entirety with the
attached Exhibit A.
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.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term
in the Contract.
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.
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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 4
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.
7. This Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
8. This Amendment shall be effective and memorializes an effective date of August 31, 2023.
WITNESS OUR HAND EFFECTIVE: August 31, 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 5:25 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: September 13, 2023 7:49 am
Page 2 of 4
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 3 TO CONTRACT NUMBER 58230003822
FY 2023 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568)
EXHIBIT A
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 8,200,247.00 CEAP FUNDS CURRENTLY AVAILABLE
$ 2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $ 367,058.00 -
Direct Services $ 7,830,689.00 -
TOTAL CEAP BUDGET $ 8,197,747.00
BUDGET CATEGORY
FUNDS
%
Household Crisis
$ 3,297,446.00
42.11
Utility Assistance
$ 3,672,446.00
46.90
Program Services
$ 860,797.00
10.99
TOTAL DIRECT SERVICES
$ 7,830,689.00
100.00
General Administrative and coordination of CEAP, including costs and all indirect (or overhead)
cost, examples include salaries, fringe benefits, non -training travel, equipment, supplies, audit and
office space are limited to 7.22% 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
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2023 CEAP PROGRAM Amendment 3
CONTRACT NO. 58230003822 CSC No. 58717 A- 3
APPROVED AS TO FORM AND LEGALITY:
JeOssika Williams
Assistant City Attorney
ATTEST:
Jeannette Goodall
City Secretary
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M&C: M&C 22-0965 Dated: November 29, 2022
: M&C 23-0593 Dated: June 27, 2023
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.
419_q
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 3
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 11/29/2022 REFERENCE NO
CODE: C TYPE:
Official site of the City of Fort Worth, Texas
FO "18 T
**M&C 22-0965 LOG NAME: 19NS CEAP
2023
CONSENT PUBLIC NO
HEARING:
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 2023 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, 2023 and ending on December 31, 2023;
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
$8,000,000.00 for the purpose of funding utility payment assistance and energy conservation
education for "low to moderate" income residents; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\%,
estimated total of $165,284.27.
DISCUSSION:
The City of Fort Worth (City) 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 2023 CEAP. The total 2022 contract amount was $5,319,219.00. 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 2023. 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 $6,386,944.00 per year and
as much as $7,101,333.00 in one year.
The three components of the program are:
Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC
systems and/or purchase of window units;
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
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
http://apps.cfwnet.org/council packethnc_review.asp?ID=30518&counciIdate=11/29/2022 1/11/2023
M&C Review
Page 2 of 3
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 2022 to September 2022, CAP served 4,284 households and 9,770 individuals using this
grant.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 20.00 FTE positions in the Neighborhood Services
Department. Indirect costs totaling an estimated $165,284.27, calculated by taking wages & salaries
designated for this grant of approximately $955,953.00 multiplied by the Neighborhood Service
Departments' indirect cost rate of 17.29\% 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.
Positions funded with Comprehensive Energy Assistance Program grant funds are subject to grant
availability. In the event of a grant award being decreased or eliminated, Neighborhood Services
Department would review programs and services funded by the grants and determine a level of
service and staffing that aligns with the available funding. Alternative to consider may include staff and
program reductions or eliminations.
No matching funds are required from the City for the CEAP Grant.
This program serves 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 an expenditure being incurred, the 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 I ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID I ID
Submitted for Citv Manaqer's Office bv:
Oriciinatinci Department Head:
Additional Information Contact:
Program Activity Budget Reference # Amount
Year I (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30518&councildate=l 1 /29/2022 1 /11 /2023
M&C Review
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ATTACHMENTS
ORD.APP19NS CEAP 2023 21001 AO23(r3).docx (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30518&councildate=l1/29/2022 1/11/2023
9/27/23, 11:49 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 6/27/2023 REFERENCE NO.: **M&C 23-0593 LOG NAME:
CODE: C TYPE:
CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoR 1 i
19NS CEAP
ADDL 2023
NO
SUBJECT. (ALL) Authorize Acceptance of Additional Grant from the Texas Department of Housing
and Community Affairs in an Amount Up to $2,000,000.00 for the 2023 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, and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Additional Comprehensive Energy Assistance Program funds in
an amount up to $2,000,000.00 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, 2023 and ending on December 31, 2023; and
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
$2,000,000.00 for the purpose of funding utility payment assistance and energy conservation
education for "low to moderate" income residents.
DISCUSSION:
The City of Fort Worth (City) 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. On
November 29, 2022, (Mayor and Council Communication (M&C) 22-0965) the City Council approved
acceptance of funding from TDHCA in an amount up to $8,000,000.00 for the 2023 CEAP Program.
Recently, the City received notification from TDHCA that the revised actual grant award for this year is
in the amount of $8,200,247.00 and additional funds may further be available. Approval to accept and
appropriate the additional grant funds in the amount of $2,000,000.00 is hence requested. 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.
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 awarded
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
apps.cfwnet.org/council_packet/mc_review.asp?ID=31220&counciIdate=6/27/2023 112
9/27/23, 11:49 AM
M&C Review
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 2023 to April 30, 2023 CAP served 1,692 households and 3,491 individuals by
providing Utility Assistance of $3,521,585.97 using this grant.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 20.00 FTE positions in the Neighborhood Services
Department. Positions funded with Comprehensive Energy Assistance Program grant funds are
subject to grant availability. In the event of a grant award being decreased or eliminated,
Neighborhood Services Department would review programs and services funded by the grants and
determine a level of service and staffing that aligns with the available funding. Alternative to consider
may include staff and program reductions or eliminations.
No matching funds are required from the City for the CEAP Grant.
This program serves 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 an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budget Reference # Amount
Year (Chartfield 2) 1
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
ORD.APP 19NS CEAP ADDL 2023 21001 A023(r3).docx (Public)
apps.cfwnet.org/cou ncil_packet/mc_review.asp? I D=31220&counci ddate=6/27/2023 2/2