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HomeMy WebLinkAboutResolution - 2021-R0282 - Amendment No. 1 2020 CEAP-CV with LSSS Contract 15414Resolution No. 2021-R0282 Item No. 6.2.2 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, Amendment No. 1 to the Community Development Funding Agreement 15414, and all related documents, between the City of Lubbock and the Lutheran Social Services of the South, Inc. (LSSS) 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. 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 on August 10, 2021 L4 DANIEL M. POPE, MAYOR ATTEST: tQt&tX--Z JNC Re cca Garza, City Sec et APPROVED AS TO CONTENT: 0 (WV, M�L�& Karen Murfee, Community DevNbpment Director APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.CDF Amend 1 Contract 15414 Lutheran Social Services 2020 CEAP CARES ACT 07.21.21 Resolution No. 2021-R0282 FIRST AMENDMENT COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP-CV) CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT) BETWEEN CITY OF LUBBOCK AND LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. This First Amendment Comprehensive Energy Assistance Program and CARES Act ("CEAP-CV") (the "Amendment"), Contract No. 15414 is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and Lutheran Social Services of the South, Inc., a State of Texas non-profit enter (the "Contractor"), (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is hereby entered into by the Parties on this loth day of August 2021 (the "Effective Date"). WHEREAS, the Parties executed the original Agreement August 11, 2020; and WHEREAS, the Parties hereby desire to amend the Agreement; and NOW, THEREFORE, the Parties hereby amend the agreement as follows: Article 1. The language found in Article LA, of the Agreement, entitled "Scope of Service, The City's Responsibilities", shall be replaced with the following language: "The City agrees to award the Contractor funding from the CEAP-CV in an amount not to exceed one million, one hundred eleven thousand, three hundred thirty-one dollars ($1,111,331.00) in return for Contractor performing the Services of the Program (the "Funding")." Article 2. The language found in Article 2, of the Agreement, entitled "Time of Performance", shall be replaced with the following language: "This Agreement shall commence March 27, 2020 and, unless earlier terminated shall end September 30, 2021 (the "Term"), unless extended by written agreement. The funds are received from the Texas Department of Housing and Community Affairs (the "TDHCA", and providing that the Contractor meets its obligations during the Term, subject to the approval of the City Council of the City." Article 3. The language found in Article 3, of the Agreement, entitled "Budget", shall be replaced with the following language: "The Contractor will use the CEAP-CV funds awarded under this Agreement to administer the Program in the following manner: CEAP-CV Utility Assistance/Household Crisis $966,858. CEAP-CV Program Services Cost $144,473 Total CEAP-CV funds awarded under this Agreement $1,111,331. 2020 CEAP-CV Amendment No. 1 - City of Lubbock & Lutheran Social Services Page i Article 4. The language found in Article 4, of the Agreement, entitled "Payment", shall be replaced with the following language: "The City will pay up to one million, one hundred eleven thousand, three hundred thirty-one dollars (S 1, 111,33 1.00) to the Contractor based upon the receipt of a request for funds and project expense summary for the Contractor's Services under the Project. The Contractor shall submit to the City invoices for items purchased in the Contractor's performance of the Services under the Project. The City shall determine the reasonableness of each purchase and shall not make a disbursement of any such payment until the City has reviewed and approved each purchase. The City may release up to ten percent (10%) of the funds to be used as start-up funding for the Contractor's Services under the Project. The Contractor will then bill the City monthly for expenses incurred by the Contractor during the prior month of Services performed under the Project. By December 31, 2021, the Contractor will have provided the City with the proper documentation to show how all funds were expended by the Contractor in its performance of Services under the Program, including the start- up costs. IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE EFFECTIVE DATE [Signature Page to Follow] 2020 CEAP-CV Amendment No. I -- City of Lubbock & Lutheran Social Services Page 2 THE CITY OF LUBBOCK: Liv DANIEL M. POPE, MAYOR ATTEST: Rebe ca rjarza, City Sec to APPROVED AS TO CONTENT: KUZ1V-1'- Mik Karen Murfee, Community Developm Director APPROVED AS TO FORM: elli Leisure, Assistant City Attorney LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. Michael Loo, Cre) M t Cm 6l- T too Michael Loo, CEO (Printed) FED.I.D. # 74- 1109745 2020 CEAP-CV Amendment No. 1 City of Lubbock & Lutheran Social Services Page 3