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HomeMy WebLinkAboutContract 62308-A1CSC No. 62308-A 1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 56240004261 FY 2024 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): 2024 Unique Entity Identifier Number: ENS6MKS1ZL 18 This Amendment No. 1 to FY 2024 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract Number 56240004261 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 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract Number 56240004261 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 hereby 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 $547,267.00 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 1. In the event this Amendment 1 and the terms of the Contract are in conflict, this Amendment 1 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. Page 1 of 4 5. This Amendment 1 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 1, 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 1 shall be binding upon the Parties hereto and their respective successors and assigns. 9. This Amendment 1 shall be effective and memorializes an effective date of January 01, 2025. WITNESS OUR HAND EFFECTIVE: January 01, 2025 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Jesica McEachern Title: Assistant City Manager Date: January 29, 2025 1:54 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: February 3, 2025 11:35 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 56240004261 FOR THE FY 2024 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 $ 497,267.00 DOE WAP FUNDS CURRENTLY AVAILABLE $ 50,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 497,267.00 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 FUNDS Administration $ 41,045.00 Liability / Pollution Occurrence Insurance $ 5,129.00 Fiscal Audit $ 1,000.00 Materials I Program Support / Labor $ 326,499.00 Health and Safety $ 57,617.00 Work Readiness $ 65,977.00 SUB-TOTAL $ 497,267.00 Training and Technical Assistance $ 50,000.00 TOTAL $ 547,267.00 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 per 10 TAC §6.415(a). 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, 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 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 January 29, 2025.] / [ACCEPTED AND AGREED:] City: By: Name: Jesica McEachem Title: Assistant City Manager Date: 02/18/2025 Approval Recommended: By: K� Name: Kacey Bess Title: Director Neighborhood Services Date: 02/18/2025 Approved as to form and Legality: °::-:-w� By: � Name: Jessika Williams Title: Assistant City Attorney Date: 02/18/2025 Contract Authorization: M&C: 24-0893 Amendment to CSC #62308 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: Name: John Cain Title: Manager, Neighborhood Services Date: 02/13/2025 City Secretary: By: ri � Name: Jannette S. Goodall Title: City Secretary Date: 02/19/2025 CITY COUNCIL AGENDA Create New From This M8C DATE: 10/15/2024 REFERENCE NO.: *"M&C 240893 LOG NAME: 19NSTDHCA- DOE2024 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 Department of Energy Weatherization Assistance Program a Federally Funded Program Providing 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 $600,000.00, Waive Indirect Costs of $17,366.25, Authorize Execution of Related Contracts and AdoptAppropriation 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 $600,000.00 from the 2024 Department of Energy Weatherization Assistance Program grant for the City of Fort Worth 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. 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 $600,000.00, for the purpose of funding the 2024 Department of Energy Weatherization Assistance Program; and 4. Waive indirect costs of $17,366.25. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of Department of Energy (DOE) 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 July, 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 DOE grant funding to serve lov�income residents in Tarrant County with household incomes at or below 200\% of Federal Poverty Income Guidelines. WAP will assist these residents by weatherizing their homes and making them more energy-efficient. TDHCA's DOE funds 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 Services Department staff. Administrative costs are restricted to 7.5 percent of the DOE grant based on the total allowable expenditures for the DOE. All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized through the 20242025 grant cycle. The City has weatherized approximately 40 houses with funding from DOE grant between July 1, 2023 to June 30, 2024 and will target the completion of 45 houses in 20242025. DOE Contract terms stipulates that average costs per Unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $8,250.00 per Unit. 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 1.25 Full Time Equivalent positions in the Neighborhood Services Department. Indirect costs totaling an estimated $17,366.25, calculated by taking wages and salaries designated for this grant of approximately $82,500.00 multiplied by the Neighborhood Service DepartmenYs indirect cost rate of 21.05\% 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 Fo�T���o�ni _�_ allow allocation of these funds to further support the programs and services to assist low-to-moderate income citizens. Positions funded with Low-Income Housing 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. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATIONICERTIFICATION: 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. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year IChartfield 2) Submitted for City Manager's Office by_ rigin ing�nartment Head: Additional Information Contact: Fernando Costa (6122) Kacey Bess (8187) James Armstrong (7380) ATTACHMENTS ORD.APP 19NSTDHCA-DOE2024 A023(r3).docx (Public)