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HomeMy WebLinkAbout060399-A5 - General - Contract - Texas Department of Housing and Community Affairs (TDHCA)TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC NO. 60399-A5 AMENDMENT NO. 5 TO CONTRACT NUMBER 55220004050 FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) OFFICIAL RECORD Awarding Federal Agency: United States Department of Energy TDHCA Federal Award Number: EE-0010018 CITY SECRETARY Award Year (Year of Award from DOE to TDHCA): 2022 FT. WORTH, TX Unique Entity Identifier Number: ENS6MKS1ZL18 This Amendment No. 5 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. SECTION 2. CONTRACT TERM, of this Contract is hereby amended as follows: This Contract shall commence on July 15, 2023, and, unless earlier terminated in writing, shall end on June 30, 2028 ("Contract Term"). 2. 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 $4,381,549.00 as specified in the "Budget and Performance Statement," attached hereto as Exhibit A and the terms of this Contract. 3. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 4. 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. Page 1 of 4 5. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 6. 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. 7. 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. 8. 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. 9. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 10. This Amendment shall be effective and memorializes an effective date of March 01, 2026. WITNESS OUR HAND EFFECTIVE: March 01, 2026 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Dana Burghdoff Title: Assistant City Manager Date: April 2, 2026 5:17 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: April 6, 2026 10:20 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS A ENDMENT NO. 5 TO CONTRACT NUMBER 55220004050 FOR THE Y 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 $ 4,031,549.00 DOE WAP FUNDS CURRENTLY AVAILABLE $ 350,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 4,031,549.00 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 FUNDS $ 377,251.00 Liability / Pollution Occurrence Insurance $ 19,902.00 Fiscal Audit $ 5,000.00 Materials / Program Support / Labor $ 3,084,987.00 Health and Safety $ 544,409.00 SUB -TOTAL $ 4,031,549.00 Training and Technical Assistance $ 350,000.00 TOTAL $ 4,381,549.00 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, 2028 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than June 30, 2028. 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 July 1, 2025, shall not exceed $8,547 total cost per Dwelling Unit 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 Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORT Create New From This M&C DATE: 6/9/2026 REFERENCE NO.: **M&C 26-0498 LOG NAME: 19NSTDHCA-DOE BIL 2023 A5 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Acceptance of Additional Grant Funds from the Texas Department of Housing and Community Affairs in an Amount Up to $2,180,000.00 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 $1,416,792.00 to Help Facilitate the Administration of the Grant, Waive Indirect Costs of $48,172.45 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 $2,180,000.00 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 $1,416,792.00, resulting in a total five-year (Fiscal Years 2024-2029) contract authority of $46,204,292.00, to facilitate administration of the grant; 4. Waive indirect costs of $48,172.45; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to $1,416,792.00, for the purpose of funding the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program (City Project No. 105203) DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize acceptance of additional grant funds from the Texas Department of Housing and Community Affairs (TDHCA) from the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program (DOE BIL WAP). These grant funds 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 (M&C 23-0870), the City Council approved the acceptance of a grant from TDHCA from the 2023 DOE BIL WAP for an amount up to $1,464,757.00. In 2024, TDHCA informed the City that additional funding was available for this grant, so on 3/26/2024 (M&C 24-0239), the City Council approved the acceptance of a grant from TDHCA from the 2023 DOE BIL WAP for an amount up to $1,500,000.00, however the City only received $736,792.00. TDHCA has informed the City once again that additional funding will be available to DOE BIL WAP for an amount up to $2,180,000.00, bringing the total amount of grant funds to $4,381,549.00. The Neighborhood Services Department currently has $2,964,757.00 appropriated for funds from this source and is now asking for an additional $1,416,792.00 to be appropriated. http://apps.cfwnet.org/council_packet/mc review.asp?ID=34541&councildate=6/9/2O26 6/11/2026 M&C Review Page 2 of 3 The DOE BIL WAP program's goals are to enhance and provide innovation to existing weatherization programs by leveraging resources and performing energy retrofits of low-income residential buildings. TDHCA's DOE BIL WAP funds will be administered within existing Weatherization Assistance Program standards and guidelines, and through existing contracts with subcontractors. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood Services Department staff. 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's indirect costs totaling an estimated $48,172.45, calculated by taking wages & salaries designated for this grant of approximately $356,833.00 multiplied by the Neighborhood Service Departments' indirect cost rate of 13.50\% defined in the City's most recent Cost Allocation Plan from 2023, 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 DOE BIL WAP 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. 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 T Department Account Project Program Activity Budget Reference # Amount 1 ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Dana Burghdoff (8018) Kacey Thomas (8187) James Armstrong (7380) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34541&councildate=6/9/2O26 6/11/2026 M&C Review Page 3 of 3 2023 #60399 A5 .pdf (Public) FID TABLE FOR DOE BIL A5.xlsx (CFW Internal) ORD.APP 19NSTDHCA-DOE BIL 2023 A5 21001 AO26(R5).docx (Public) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34541&councildate=6/9/2O26 6/11/2026 [Executed effective as of ] / [ACCEPTED AND AGREED:] City: Dana Burandoff By: Dana Burghdoff (Jul 1, 2095 22:29:04 CDT) Name: Dana Burghdoff Title: Assistant City Manager CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Title: 1%I4W� Kacey Thomas (Jul 1, 2026 17:01:52 CDT) Kacey Thomas Director, Neighborhood Services Approved as to Form and Legality: By: Sophie kaehewJ Name: Sophie Mathews Title: Assistant City Attorney Contract Authorization: M&C: 26-0498 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 08:47:24 CDT) Name: John Cain Title: Neighborhood Development Manager, Neighborhood Services City Secretary: oa owe o=a Qua n amdrx % aan'NZ dada By: /UI Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Department of Energy (DOE) Subject of the Agreement: This is the fifth amendment to contract number 55220004050 of the FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW WEATHERIZATION ASSISTANCE PROGRAM This amendment is to add more grant funds and extend the contract to June of 2028. M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes © No ❑ 60399 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No IZI If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: July 15,2023 Expiration Date June 30th, 2028 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving AM or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.