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Home My WebLink AboutResolution - 2012-R0376 - Amendment To Contract - TX DHC - CEAP - 10_11_2012Resolution No. 2012—RO376 October 11, 2012 Item No. 5.5.1. RESOLUTION BF. 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 Community Development Funding Contract, by and between the City of Lubbock and Texas Department of Housing and Community Affairs (TDHCA) for the Comprehensive Energy Assistance Program, 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 October 11 --, 2012 ,O—Zzlor Ir GL6,eAr)FfEfAON, MAYOR ATTEST: ReLcc a Garza, City Secretary APPROVED AS TO CONTENT: Phyl ' Brown, Interim Community Development Director APPROVED AS TO FORM: Amy ss' ity gs/amendment-TDHC-Comprehensive Energy Assistance Prog.res 9.25. l2 Resolution NO. 2012—RO376 TEXAS DEPARTNIFNT OF HOUSING AND CONINIUN'IT1' AFFAIRS CONTRACTNO 58120001362 FORTHE COMPRL.HI:NSIVE ENERGY ASSISTANCE PROGRAM (CE:AP) (CFDA # 93 568) CopyANIENDMENTNUMBER 2 SECTION 1. This Amendment Number 2 to CLAP Contract No.58120001362 is made by and between the Texas Department of Housing and Connnunity Affairs, a public and official agency of the State of -rexas (hereinafter the "Department") and C ilv of t ubhock a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter, collectively the "Parties") SECTION 2. Subrecipient and Department executed that certain CLAP Contract No 581211lii r 1362 ("Contract") to he effective on SECTION 3. Under the authority described in Section 8 of the Contract and for valuable consideration, the receipt and sufficiency which are hereby acknovdedged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below 1 Exhihit A, BUDGET, to the Contract is amended b) replacing in its entiretywith the amended Cxhihil A, BUDGET, attach hereto (consisting of mo (2) pages) 2 Seewri 21 Audit Subsection F, of the Contract is amended by replacing in its entirety Subrecipient shall procure audit scrxices through an open, competitive process at least once every five years The auditor shall retain working papers and reports Ibr a minimum of the three years after the date of directive of the auditors report to the Subrecipient Audit corking papers shall be made available upon request to Department at the completion of the audit, 'as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary SECTION A. The Parties hereto agree that all other terms of the Contract shall he and remain in full force and effect its therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Second Amendment In the event this Second Amendment and the terms of the Contract [as arnended by the Second Amendment] are in conflict, this Second Amendment shall govern, unless it would make the Contract void by lavv SECTION 5. Each capitalized term not expressly defined herein shall have the meaning given to such term to the Contract_ SECTION 6. This Second Amendment may be executed in several counterparts, each of tchich 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. Page] of4 SECTION 7. If any of the Parties returns this copy by facsimile inachme or electronic trunsnussicrn, the signing party intends the copy of its authorized signature printed bs the receiving machine or the electronic transmission to be its original signature SECTION 8. By signing this Second Amendment, the Parties eNpressly understand and agree that its terms shall become a part ofthe Contract as if it were set for-th word for word therein SFCTION 9. This Second Amendment shall he binding upon the Parties hereto and their respective successors and assigns SECTION 10. This Second Amendment is executed to be effective on the date of execution by the authorized representative rur the Dcpanment AGREED TO AND EXECUTED BY; Cite ol'I uhboch a pohOcal subdrvisi � �� rxas 13v Title" TEXAS DEPARTMENT OF HOUSING AND CO\INHINITY AFFAIRS a public and official agency of the Slate of Texas By. Title: Its duly authorized ofllcer or represeotultce Page 2 of 4 TEXAS DEPARTMENT OF IIOIISING AND COMMUNITY AFFAIRS CONTRACT NO 581209U 1362 FOR THE FY 2012 COMPRFUENSIVF, ENERGY ASSISTANCE PROGRAM (CF.AP) (CFDA 9 93.568) EX111131 r A BUDGET C'it} of Lubb(A. a political subdivision of the State of "resas DEPARTMENT FINANCIAL OBLIGATIONS S 1,749,690.00 CEAP FUNDS CURRENTLY AVAILABLE ti 1 7nrl fill TRAINTNUI"RAVEL:1LLOR'ANCE FUNDS CURRENTLYAVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS Ill'DC]ET C',aTEGORI' I FUNDS A6III ill istrati�III I S 109.281.00 M,surance 16 1 S 87,474,00 Direct Serrice, I S 1.551.741,00 ITOTAL. LEAP BUDGET I S 1.74R.496.00 I BUDGE-r CATEGORY FUNDS I louschold Crisis S 491.185.00 31.07 Co -payment $ 491,385.00 31.67 F-lderly and Disabled S 491. 384.00 31.67 Direct SerN ice Support S 77.587.00 i.00 TOTAL DIRECT SERVICES S 1.551.741.00 100.00 Subrmpient's service area consists of the fulloaing'I'esas counties Page 3 of 4 Administrative costs. salaries, fringe benefits, nun -training travel, equipment. supplies, audit and office space are limited to 6.(H)% of the contract expenditures. excluding Trainingri'ravel costs Assurance 16 Activities costs are limited to 50090 of the contract expenditures excluding Training and Travel costs Direct Services Support Busts are limited to 5.00% of total Direct Ser%ices expenditures. Fxpenditures for Elderly/Disabled must be at least 10% of Direct Service Dollars expended. Household Crisis and Co -Payment Percentage will he established by Subrecipient Direct Services Support (may not exceed 5% of Direct Services dollars expended) Depurtment's prior written approval for purchase or lease of equipment with an acquisition cast of S5,000 and Liver is required Approval of this budget does not constitute prior approval for such purchases. Funds may not he used for the purchase or improvement of land, or the purchase; construction, or permanent improvement of any building or facility Subrecipient is limited to only one hudget revision request during the first 6 months of the Contract Perimi A second and final budget revision must be received by the Department on or before November 16. 2012 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 "Direct Service Support" funds or other funds Page 4 of 4