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HomeMy WebLinkAboutResolution - 2011-R0497 - Amendment To Contract - TX DHCA - LIHEAP - 11_16_2011Resolution No. 2011—RO497 November 16, 2011 Item No. 5.1.2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to a Contract, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the Low Income Home Energy Assistance Program (LIHEAP), and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of November , 2011. y TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Phyl ' Brown, Community Development Director APPROVED AS TO FORM: gs/ccdocs/LIHEAP Amend res-TexDept of Housing&Community Affairs 10.28.11 Resolution No. 2011—RO497 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER. 81100000913 FOR THE L[HEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) AMENDMENT NUMBER: I SECTION 1. The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City or Lubbock (hereinafter the "Subrecipient"), do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 81100000913 ("Contract"). SECTION 2. The period for performance of this contract, unless earlier terminated, is April 01, 2010 through May 31, 2011 (hereinafter the "Contract Term"). SECTION 3. The Contract is amended by deleting the current Attachment A - Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A - Budget and Performance Document as attached to this Amendment. SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in 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 any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation or law. Each capitalized term not expressly defined herein shall have the meaning given to such terse in the Contract. SECTION 5. 'his amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parries hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: City of Lubbock By: Date Signed: TEXAS DEPARTMENT OF HOUSINGAND COMMUNITY AFFAIRS By: Date Signed: Page l of 3 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81100000913 FOR THE LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568) AMENDMENT NUMBER: I ATTACHMENT A - BUDGET AND PERFORMANCE DOCUMENT SUBRECIPIENT NAME: City of Lubbock DEPARTMENT FINANCIAL OBLIGATIONS $ 1,155,258.00 LIHEAP FUNDS CURRENTLY AVAILABLE S 2,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 1,155,258.00 TOTAL ANTICIPATED LIHEAP FUNDS $ 2,000.00 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 year. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS t CATEGORIES FUNDS 2 Administration $ 36,8I6.00 3 Materials / Program Support / Labor S 977,958.00 4 Health and Safety $ 140,484.00 SUB -TOTAL $ 1,155,258.00 S Training and Technical Assistance $ 2,000.00 TOTAL S I,157,258.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories. The only categories that can be reduced are the Administration and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested budget rerlsions during the current contract term. Only those written request(s) from the subrecipients received at least 90 days prior to the end of the contract term (by December 31, 2009) will be reviewed. TDHCA may decline to review written request received during the final 90 days of the contract term. z Denotes maximum for administration based on 8.16% of total allowable expenditures. r 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. S Department approved training / travel only. Page 2 of 3 PERFORMANCE Subrecipient's service area consists of the following Texas counties: LUBBOCK Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract term. WAP costs per unit, excluding health and safety expenses and roof repair as allowed by state regulation, shall not exceed $4.000.00 without prior written approval from the Department. By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein, This Contract shall be binding upon the parties hereto and their respective successors and assigns. Effective Date of Budget: OYI P201 1 City of Lubbock By: TEXAS DEPARTMENT OF HOUSING A\D COMMLYITY AFFA[RS By: This Contract is not effective unless signed by the Executive Director of the Department or their authorized designee. Page 3 of 3