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Home My WebLink AboutContract 59936-A3TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 59936-A3 AMENDMENT NO. 3 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. 3 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. Exhibit A. Budget and Performance Statement, 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. 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. OFFICIAL RECORD CITY SECRETARY Page 1 of 4 FT. WORTH, TX 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 April 30, 2024. WITNESS OUR HAND EFFECTIVE: April 30, 2024 SUBRECIPIENT: City of Fort Worth a political subidivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: June 5, 2024 10:33 am 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: June 10, 2024 7:56 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 3 TO CONTRACT NUMBER 56230004072 FOR THE FY 2023 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subidivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 504,472.00 DOE WAP FUNDS CURRENTLY AVAILABLE $ 20,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 504,472.00 TOTAL ANTICIPATED DOE WAP FUNDS $ 20,000.00 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 $ 0.00 $ 0.00 $ 355,396.00 $ 56,174.00 $ 53,567.00 $ 504,472.00 $ 20,000.00 $ 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 WAP activities to be completed under this Contract. All WAP activities including final inspection must be completed no later than June 30, 2024. Subrecipient may incur eligible costs associated with the closeout of this Contract. Closeout guidance is outlined in WPN 21-4 as revised. The closeout period cannot to exceed 45 calendar days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide weatherization program services sufficient to expend the Contract funds during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $8,250.00 total cost per unit without prior written approval from the Department. The cumulative total cost per 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 April 30, 2024] / [ACCEPTED AND AGREED:] City: ByT--,C— Name: Fernando Costa Title: Assistant City Manager CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Name: Kacey Bess Title: Interim Director Neighborhood Services Approved as to Form and Legality: GlJ.e�ia�,ad 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: John Cain (Jun 12, 202407:23 CDT) Name: John Cain Title: Neighborhood Development Manager, Neighborhood Services bp4glo 4�R ��II City Secretary: p�°�° �oo dVo °=4 op ,� 000 A pay 0 o By: 0000 0 *� a Qy ab TB nUaaaoo Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY COUNCIL AGENDA Create New From This M&C DATE: 8/23/2022 REFERENCE NO.: **M&C 22-0629 LOG NAME: 19NSTDHCA-DOE2022 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (ALL) Authorize Acceptance of 2022 United States Department of Energy Weatherization Assistance Program Grant Funds, a Federally Funded Program Sponsored by the United States Department of Energy Designed to Provide Assistance for Low to Moderate Income Residents to Perform Home Modifications to Reduce Overall Energy Costs from the Texas Department of Housing and Community Affairs in an Amount Up to $500,000.00, Authorize Execution of Related Contracts, Waive Indirect Costs, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of United States Department of Energy Weatherization Assistance Program grant funds from the Texas Department of Housing and Community Affairs for the 2023 Weatherization Assistance Program in an amount up to $600,000.00; 2. Authorize the execution of related contracts, including any amendments, extensions and renewals, 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 July 1, 2023 and ending on June 30, 2024; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to $500,000.00, for the purpose of funding the 2022 Weatherization Assistance Program; and 4. Waive indirect costs in the amount of $11,497.85. DISCUSSION: The City of Fort Worth (City) has operated the Weatherization Assistance Program (WAP) with grant funds from the Texas Department of Housing and Community Affairs (TDHCA) since 1982. This funding is in addition to the Low Income Housing Energy Assistance Program funds provided by TDHCA, which has provided approximately $765,104.00 in funding for the current program year. The program provides weatherization services for low-income residents in Tarrant County. Weatherization measures include attic insulation, weather stripping, caulking, repair and replacement of windows and doors and other minor repairs. Administrative costs are restricted to 10 percent based on the total allowable expenditures for the WAP. The City has weatherized approximately 82 houses with funding from this grant between June 2019 to July 2022 and will target the completion of 35 houses in 2022-2023. A waiver by the City of indirect costs will maximize program benefits. The 2022 United States Department of Energy Weatherization Assistance Program grant provides for 1.25 full time positions with estimated direct salaries of $66,500.00. The addition of indirect costs would result in reduction of services and staff. The estimated indirect cost to be waived is $11,497.85. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations, receipt of the grant 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 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 I ID I I I Year I (Chartfield 2) FROM Fund I Department Account Project Program Activity Budget Reference # Amount ID I ID I I Year I (Chartfield 2) Official site of the City of Fort Worth, Texas FoR� H Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Victor Turner (8187) Additional Information Contact: Eric Vodicka (7583) ATTACHMENTS 19NSTDHCA-DOE2022 21001.docx (Public)