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HomeMy WebLinkAboutContract 59936-A2TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC NO.59936-A2 AMENDMENT NO. 2 TO CONTRACT NUMBER 56230004072 FY 2023 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) Awarding Federal Agency: United States Department of Energy TDHCA Federal Award Number: DE-EE0009933 Award Year (Year of Award from DOE to TDHCA): 2023 Unique Entity Identifier Number: ENS6MKS1ZL18 This Amendment No. 2 to FY 2023 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract Number 56230004072 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 Department and Subrecipient, respectively, executed FY 2023 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract Number 56230004072 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. Subsection A of SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is herebv amended as follows: In consideration of Subrecipient's satisfactory performance of this Contract, Department must reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in an amount up to $524,472.00 as specified in the "Budget and Performance Statement," attached hereto as Exhibit A and the terms of this Contract. 2. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 3. 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. 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 4 5. 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. 6. 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. 7. 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. 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 9. This Amendment shall be effective and memorializes an effective date of December 01, 2023. WITNESS OUR HAND EFFECTIVE: December 01, 2023 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: December 12, 2023 4:22 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: December 15, 2023 8:10 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS A ENDMENT NO. 2 TO CONTRACT NUMBER 56230004072 FOR THE Y 2023 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 474,472.00 DOE WAP FUNDS CURRENTLY AVAILABLE $ 50,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 474,472.00 TOTAL ANTICIPATED DOE WAP FUNDS $ 50,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via written amendment(s). Funds shall be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES Administration Liability / Pollution Occurrence Insurance Fiscal Audit Materials / Program Support / Labor Health and Safety Work Readiness SUB -TOTAL Training and Technical Assistance TOTAL FUNDS $ 39,335.00 $ 6,077.00 $ 1,000.00 $ 318,319.00 $ 56,174.00 $ 53,567.00 $ 474,472.00 $ 50,000.00 $ 524,472.00 Page 3 of 4 FOOTNOTES TO BUDGET Denotes that the Subrecipient must request in writing any amendment needed to a budget category before TDHCA will make any amendments. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit, Training and Technical Assistance and/or the Health and Safety categories. Denotes maximum dollar amount permitted for administration based on 7.50% of the total allowable expenditures. Denotes maximum $2,000 for liability insurance and the remaining balance for pollution occurrence insurance. Denotes the maximum allowed for Health and Safety expenditures. PERFORMANCE AND SERVICE AREAS Subrecipient's service area consists of the following Texas counties ("Service Area"): TARRANT Work orders must be submitted to weatherization contractors no later than June 30, 2024 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than June 30, 2024. Grantees are advised that any weatherization work must be completed and inspected, and all necessary monitoring and follow-up activities must be completed, by the performance period end date of the contract. If costs are incurred after the performance period, these costs must be covered by another funding source. The following exception is minimal administrative costs that may be insurred within 45 days after the performance period end date for closeout and final reporting. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide WAP activities sufficient to expend the Contract funds during the Contract Term. WAP costs per Dwelling Unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $8,250 total cost per Dwelling Unitnit without prior written approval from the Department. The cumulative total cost per Dwelling Unit (materials, labor, and program support), shall not exceed the maximum allowable by end of the Contract Term. Subrecipient has a federally approved indirect cost rate of 0.00% . Page 4 of 4 [Executed effective as of August 14, 2023.] / [ACCEPTED AND AGREED:] City: By: Name: Fernando Costa Title: Assistant City Manager CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Victor Turner Title: Director Neighborhood Services Approved as to Form and Legality: By: Name: Jessika Williams Title: Assistant City Attorney Contract Authorization: M&C: 22-0629 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By:Amy o IIY ( n 3, 202416:20 CST) Name: Amy Connolly Title: Assistant Director, Neighborhood Services City Secretary: s By: V Name: Jannette S. Goodall Title: City Secretary ,004vongL �s°°FORT�,od°d d �aaan nEZA?4pd OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX