HomeMy WebLinkAboutContract 60399-A2TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 55220004050
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
CSC No. 60399-A2
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: EE-0010018
Award Year (Year of Award from DOE to TDHCA): 2022
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment No. 2 to FY 2022 U. S. Department of Energy ("DOE") Bipartisan Infrastructure
Law ("BIL") Weatherization Assistance Program Contract Number 55220004050 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 2022 U. S. Department
of Energy ("DOE") Bipartisan Infrastructure Law ("BIL") Weatherization Assistance Program
Contract Number 55220004050 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 $2,201,549.00 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 January 01, 2024.
WITNESS OUR HAND EFFECTIVE: January 01, 2024
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By:
Title:
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
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[ACCEPTED AND AGREED:]
City:
7_
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:
�� GfJyrcd
By:
Name: Jessika Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0239
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 Connol (Mar 2FI202415:10 CDT)
Name: Amy Connolly
Title: Assistant Director, Neighborhood Services
City Secretary:
By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
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
$ 1,851,549.00 DOE WAP FUNDS CURRENTLY AVAILABLE
$ 350,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY
AVAILABLE
$ 1,851,549.00 TOTAL ANTICIPATED DOE WAP FUNDS
$ 350,000.00 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
SUB -TOTAL
Training and Technical Assistance
TOTAL
FUNDS
$ 189,553.00
$ 19,902.00
$ 5,000.00
$ 1,391,530.00
$ 245,564.00
$ 1,851,549.00
$ 350,000.00
$ 2,201,549.00
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 8.61% of the total
allowable expenditures.
Denotes maximum $10,000 for liability insurance and the remaining balance for pollution
occurrence insurance.
Denotes the maximum allowed for Health and Safety expenditures.
DOE BIL WAP funding may not be leveraged with DOE Annual grant funding.
Work orders must be submitted to weatherization contractors no later than June 30, 2025 for any
weatherization activities to be completed under this Contract. All weatherization activities
including final inspection must be completed no later than June 30, 2025.
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
incurred 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 11 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, EFFECTIVE January 1, 2024, 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
M&C Review Page 1 of 3
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 3/26/2024 REFERENCE NO.: **M&C 24-0239 LOG NAME: 19NSTDHCA-DOE BIL
2023 A2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of Additional Grant from the Texas Department of Housing
and Community Affairs in an Amount Up to $1,500,000.00 for the 2023 Department of
Energy Bipartisan Infrastructure Law Weatherization Assistance Program to Provide
Assistance for Low to Moderate Income Residents to Lower Home Energy Costs through
the City of Fort Worth Weatherization Assistance Program, Authorize Execution of
Related Contracts, Authorize an Increase in the City's Home Repair Program Contract
Authority by $1,500,000.00 to Help Facilitate the Administration of the Grant, Waive
Indirect Costs of $50,996.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of additional grant funds from the Texas Department of Housing
and Community Affairs in an amount up to $1,500,000.00 from the 2023 Department of
Energy Bipartisan Infrastructure Law Weatherization Assistance Program;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Department of Housing and Community Affairs for the grant
funds;
3. Authorize an increase in the City's Home Repair Program contract authority by
$1,500,000.00, resulting in a total five-year (Fiscal Years 2019-2024) contract authority of
$37,323,330.53, to facilitate the administration of this new grant;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in an amount up to $1,500,000.00, for the purpose of
funding the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization
Assistance Program (City Project No. 105203); and
5. Waive indirect costs of $50,996.00
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize acceptance of
additional grant from the Texas Department of Housing and Community Affairs (TDHCA) from the
2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program (BIL).
These grant funds that will be used to assist with weatherization and energy efficiency efforts in the
homes of low-income individuals in the City of Fort Worth (City) and Tarrant County.
On 10/17/2023 through M&C 23-0870 City Council approved the acceptance of a grant from Texas
Department of Housing and Community Affairs (TDHCA) from the 2023 Department of Energy
Bipartisan Infrastructure Law Weatherization Assistance Program (BIL) for an amount up to
$1,464,757.00. TDHCA informed the City that additional funding will be available to this grant and the
department estimated an additional grant up to $1,500,000.00 for this program.
The BIL program's goals are to enhance and provide innovation to existing weatherization programs
by leveraging resources and performing deep energy retrofits of low-income residential buildings.
TDHCA's BIL funds will be administered within existing Weatherization Assistance Program
standards and guidelines, and through existing contracts with subcontractors. All subcontractors
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31946&councildate=3/26/2024 3/27/2024
M&C Review
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performing any eligible services for the City will not be paid until work is inspected and approved by
Neighborhood Services Department staff.
The Neighborhood Services deparment currently has $1,464,757.00 appropriated for funds from this
source and are now receiving an additional $736,792.00, bringing the total amount of received funds
to $2,201,549.00. We are asking for $1,500,000.00 in additional appropriations instead of the
$736,792.00 due to the fact that there will be additional funds provided this year by this source to
make up this difference. Additional funding will be appropriated as the award is received.
A waiver by the City of indirect costs will maximize program benefits. Grant funds support
administrative and program delivery allocations for 3.25 full-time employee positions in the
Neighborhood Services Department. Indirect costs totaling an estimated $50,996.00, calculated by
taking wages & salaries designated for this grant of approximately $294,945.00 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 BIL 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 2023 Department of Energy Bipartisan Infrastructure
Law Weatherization Assistance Program.
This program services 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. Neighborhood Services (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
I Account
Project I
Program Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund Department
Account I Project
Program Activity
Budget
Reference # Amount
ID
ID
Year
(Chartfield 2)
Submitted for Citv Manager's Office bv:
Fernando Costa (6122)
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
2023 #60399 A2.pdf (Public)
Victor Turner (8187)
Amy Connolly (7556)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31946&councildate=3/26/2024 3/27/2024
M&C Review
Page 3 of 3
FID TABLE for DOE BIL A2.xlsx (CFW Internal)
ORD.APP 19NSTDHCA-DOE BIL 2023 A2 AO24 21001 (R4).docx (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31946&councildate=3/26/2024 3/27/2024