HomeMy WebLinkAboutResolution - 2021-R0281 - Amendments 1&2 CEAP-CV with TDHCA Contract 15413Resolution No. 2021-110281
Item No. 6.2.1
August 10, 2021
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, Amendments No. 1 and 2 for the Community Development
Funding Agreement 15413 for the Comprehensive Energy Assistance Program (CEAP)
and Coronavirus Aid, Relief and Economic Security (CARES Act) ("CEAP-CV") to
assist low income households affected by COVID-19 in providing immediate utility assistance
and repair or replacement of existing HVAC units, between the City of Lubbock and Texas
Department of Housing and Community Affairs (fD1ICA). Said Amendments are 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 on August 10, 2021
DANIEL M. POPE, MAYOR
ATTEST:
Rcb ca Gana, City Secre ary
APPROVED AS TO CONTENT:
Karen Murfee, Director of Community Development
APPROVED AS TO FORM:
MAwvl�
Ili Leisure, Assistant City Attorney
ccdacs/RES. CD Funding Cmunut 15413 Amend 1&2
07.21.21
Resolution No. 2021-R0281
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58990003291
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) and
Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
(CFDA fl 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2001TXE5C3
Award Year (Year of Award from IIIIS to TDHCA): 2020
Unique Entity Identifier Number: 058213893
This Amendment No. 1 to Comprehensive Energy Assistance Program and CARES Act Contract Number
58990003291 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 Lubbock, a political subdivision of the State of Texas
("Subrecipient") hereinafter collectively referred to as "Parties".
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number
58990003291 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:
SECTION 1.
The following Contract sections, addendums and exhibits are hereby amended as follows:
1. Section 4. F. Department Financial Obligations, of this Contract is hereby amended to read as follows:
Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred
by Department under this Contract shall not exceed the sum of S1,181,397.00.
2. Exhibit A. Budget of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A.
SECTION 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.
SECTION 3.
Each capitalized tern not expressly defined herein shall have the meaning given to such term in the Contract.
Page 1 of 4
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 7.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 8.
This Amendment shall be effective and memorializes an effective date of March 11, 2021.
WITNESS OUR HAND EFFECTIVE: March 11, 2021
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By: Karen Murfee
Title: Executive Director
Date: May 4, 2021 12:17 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: May 7, 2021 8:22 am
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 59990003291
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) and
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES Act)
(CFDA N 93.568)
EXHIBIT A
BUDGET
City of Lubbock
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 1,181,397.00 CEAP FUNDS CURRENTLY AVAILABLE
$ 0.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $ 85,297.00 -
Direct Services $ 1,096,100.00 -
TOTAL CEAP BUDGET $ 1,181,397.00 -
BUDGET CATEGORY
FUNDS
%
43.35
43.35
13.29
100,00
Household Crisis
$ 475,214.00
Utility Assistance
$ 475,214.00
Program Services
S 145,672.00
TOTAL DIRECT SERVICES
$ 1,096,100.00
General Administrative and coordination of CEAP, including costs and all indirect (overhead) cost, examples include
salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures. All other administrative costs, exclusive of administrative costs for program services, must be paid
with nonfederal funds.
Program services cost shall not exceed the maximum 13.29%. Program services cost includes direct administrative cost
associated with providing the client direct service salaries and benefits cost for staff providing program services, cost for
supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable program services
costs when associated with providing client direct services. Other program services costs may include outreach activities
and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP.
Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is
required. Approval of this budget does not constitute prior approval for such purchases.
Page 3 of 4
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and
final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Term.
Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in
termination of this Contract. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds
or other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s), and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in the appropriate
budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This will
credit back the vendor refund(s) for the Subrecipient to expend on eligible expenses during the Contract Term.
If the Contract Term has expired, Subrecipient must return the vendor refund(s) to the Department. This refund must
contain the contract number, and appropriate budget line item associated to the refund(s).
Page 4 of 4
Resolution No. 2021-R0281
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58990003291
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) and
Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
(CFDA N 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2001TXESC3
Award Year (Year of Award from IIHS to TDHCA): 2020
Unique Entity Identifier Number: 058213893
This Amendment No. 2 to Comprehensive Energy Assistance Program and CARES Act Contract Number
58990003291 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 Lubbock, a political subdivision of the State of Texas
("Subrecipient") hereinafter collectively referred to as "Panics".
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number
58990003291 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:
SECTION 1.
The following Contract sections, addendums and exhibits are hereby amended as follows:
1. Section 2. Contract Terre
This Contract shall commence on March 27, 2020, and, unless earlier terminated, shall end on September 30,
2021 ("Contract Term").
2. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
D. Department is not liable for any cost incurred by Subrecipient which:
5. is not reported to Department on a monthly expenditure or performance report within thirty (30)
calendar days following the end of the Contract Tenn; or
3. Section 5. METHOD OF PAYMENT/CASH BALANCES
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipicnt's
Service Area incurred during the Contract Tenn. Subrecipient may incur costs for activities associated with
the closeout of the CEAP contract for a period not to exceed thirty (30) calendar days from the end of the
Contract Tenn.
4. Section 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS
A. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's
Service Area incurred during the Contract Tenn. Subrecipient may incur costs for activities associated with
the closeout of the CEAP and CARES Act contract for a period not to exceed thirty (30) calendar days from
the end of the Contract Term.
Page 1 of 2
5. Section 10. REPORTING REQUIREMENTS
C. FINAL REPORTS. Subrecipient shall electronically submit to Department, no later than thirty (30)
calendar days after the end of the Contract Term, a final report of all expenditures of funds and clients
served under this Contract. Failure of Subrecipient to provide a full accounting of funds expended under
this Contract may result in the termination of this Contract and ineligibility to receive additional funds. If
Subrecipient fails to submit a final expenditure/performance report within thirty (30) calendar days of the
end of the Contract Term, Department will use the last report submitted by Subrecipient as the final report.
SECTION 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.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 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.
SECTION 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.
SECTION 6.
By signing this Amendment, the Parties expressly understand and agree that its terms shall become a pan of the
Contract as if it were set forth word for word therein.
SECTION 7.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 8.
This Amendment shall be effective and memorializes an effective date of May 01, 2021.
WITNESS OUR HAND EFFECTIVE: May 01. 2021
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By: Karen Murfee
Title: Executive Director
Date: June 11, 2021 10:57 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 14, 2021 7:56 am
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