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HomeMy WebLinkAboutContract 60912-A1CSC No. 60912-A1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 81240004098 FY 2024 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) Awarding Federal Agency: United States Department of Health and Human Services TDHCA Federal Award Number: 2401TXLIEA Award Year (Year of Award from HHS to TDHCA): 2024 Unique Entity Identifier Number: ENS6MKS1ZL18 This Amendment No. 1 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81240004098 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 2024 LIHEAP WAP Contract Number 81240004098 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 and replaced in its entirety to read as follows: This Contract shall commence on January 01, 2024, and, unless earlier terminated, shall end on March 31, 2025 ("Contract Term"). 2. Exhibit A. Budaet 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. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 4 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 November 15, 2024. WITNESS OUR HAND EFFECTIVE: November 15, 2024 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Jesica McEachern Title: Assistant City Manager Date: December 11, 2024 1:56 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSINGAND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date: December 12, 2024 7:30 am Page 2 of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 81240004098 FOR THE FY 2024 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 539,456.00 LIHEAP FUNDS CURRENTLY AVAILABLE $ 0.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 539,466.00 TOTAL ANTICIPATED LIHEAP FUNDS $0.00 TOTAL ANTICIPATED TRAINING& TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS 2 Administration CATEGORIES FUNDS $ 38,895.00 3 Materials / Program Support / Labor $ 452,849.00 4 Health and Safety $ 47,712.00 SUB -TOTAL $ 539,466.00 5 Training and Technical Assistance $ 0.00 TOTAL $ 639,456.00 Page 3 of FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final 45 calendar days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21 % of total allowable expenditures. s Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training / travel only. PERFORMANCE Work orders must be submitted to weatherization contractors no later than March 30, 2025 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than March 31, 2025. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed forty-five (45) 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 funds under this Contract during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed Twelve Thousand and No /100 Dollars ($12,000.00) 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. Page 4 of 4 [Executed effective as of November 11, 2024.] / [ACCEPTED AND AGREED:] City: By: C 9� 1_ - Y Name: Jesica McEachern Title: Assistant City Manager Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: I By: Name: Kacey Bess Title: Director, Neighborhood Services Approved as to Form and Legality: By: Name: Jessika Williams Title: Assistant City Attorney Contract Authorization: M&C: 24-0027 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. Br& ahAay 61 By: Name: Pamela Sexton -Rambo Title: Acting Assistant Director, Neighborhood Services uagn P OD pOHT 2 City Secretary: �oO°sdA By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WO RTII Create New From This M&C DATE: 1/23/2024 REFERENCE NO.: **M&C 24-0027 LOG NAME: 19NS TDHCA- LIHEAP 2024 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs from the 2024 Low -Income Housing Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs through the City of Fort Worth Weatherization Assistance Program, in an Amount Up to $1,200,000.00, Waive Indirect Costs of $36,295.34, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of grant funds from the Texas Department of Housing and Community Affairs in an amount up to $1,200,000.00 for the 2024 Low -Income Housing Energy 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to $1,200,000.00, subject to receipt of the grant; and 4. Waive indirect costs of $36,295.34. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of 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. A contract for services between the City and the Texas Department of Housing and Community Affairs (TDHCA) will be executed upon receipt of the contract from TDHCA in January 2024. The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of the funding for the program comes from the TDHCA through the Low -Income Housing Energy Assistance Program (LIHEAP), which also administers grant funds from the United States Department of Energy and the United States Department of Health and Human Services. Additional funds are supplied by the Texas Association of Community Action Agencies (TACAA), which administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low -Income Weatherization Program that complements the federally funded WAP and provides assistance to Oncor's low-income customers for energy efficiency measures. The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these residents by weatherizing their homes and making them more energy -efficient. TDHCA's LIHEAP will be administered within existing WAP standards and guidelines, and through various contracts with subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood http://apps.cfwnet.org/council_packet/mc_review. asp?ID=3173 5&councildate=1 /23/2O24 1 /25/2024 M&C Review Page 2 of 2 Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized through the 2024 grant cycle. A waiver by the City of indirect costs will maximize program benefits. The LIHEAP grant provides funding for four full-time positions with estimated direct salaries of $209,921.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are being asked to be waived is $36,295.34. Positions funded with LIHEAP 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. Alternatives to consider may include staff and program reductions or eliminations. 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 Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project 1 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 Victor Turner (8187) Vidal Turner (8187) ORD.APP 19NS TDHCA-LIHEAP 2024 21001 A024(r3).docx (Public) Signature:5` Email: allison.tidwell@fortworthtexas.gov http://apps.cfwnet.org/council_packet/mc_review. asp?ID=3173 5&councildate=1 /23/2O24 1 /25/2024