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Home My WebLink AboutResolution - 2021-R0283 - Amendment No. 1 CEAP with TDHCA Contract 15753Resolution No. 2021-R0283 Item No. 6.2.3 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 Comprehensive Energy Assistance Program Funding Agreement 15753, and all related documents, between the City of Lubbock and the Texas Department of Housing and Community Affairs (TDHCA), for the funding of a program for the Comprehensive Energy Assistance Program (CEAP) to assist low income households in meeting their immediate energy needs and to encourage consumers to control energy costs for years to come through education. 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 C,-,-A - DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Se" APPROVED AS TO CONTENT: y au�02 � Karen Murfee, Community De opment Director APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES. CBDG Amend. 1 Contract 15753 - TDHCA CEAP 07.21.21 Resolution No. 2021-R0283 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58210003379 FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 1 to Comprehensive Energy Assistance Program Contract Number. 58210003379 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 58210003379 ("Contract") on January 01, 2021 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 section is hereby amended as follows: 1. Section 4. DEPARTMENT FINANCIAL OBLIGATIONS F. 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 $1,640,248.00. 2. Exhibit A. Budeet And Performance Statement, 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 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. Page 1 of 4 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 12, 2021. WITNESS OUR HAND EFFECTIVE: March 12, 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 15, 2021 1:02 pm Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58210003379 FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT A BUDGET City of Lubbock, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 1,640,248.00 CEAP FUNDS CURRENTLY AVAILABLE e 2_snn_nn TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $ 118,426.00 - Direct Services $ 1,519,322.00 - TOTAL CEAP BUDGET $ 1,637,748.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 658,702.00 43.35 Utility Assistance $ 658,702.00 43.35 Program Services $ 201,918.00 13.29 TOTAL DIRECT SERVICES $ 1,519,322.00 100.00 General Administrative and coordination of CEAP, including costs and all indirect (or 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, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program services, must be paid with nonfederal funds. Program services costs 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 cost 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. Page 3 of 4 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. 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 Contract termination. 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 containing the contract number and appropriate budget line item associated to the refund(s). Page 4 of 4