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Home My WebLink AboutResolution - 2023-R0389 - Amendment 2 Community Development Funding Contract 17086, TDHCA - 08/22/2023Resolution No. 2023-R0389 Item No. 6.2.1 August 22, 2023 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 to Community Development Funding Contract 17086, and all related documents, between the City of Lubbock and Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program for energy assistance. Said Amendrnent 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 Au�ust 22, 2023 ATTEST: Courtney Paz, City S cretary APPROVED AS TO CONTENT: � Karen Murfee, Community Devel ment Director ccdocslRES. Amendment CEAP Contract 17086- TDHCA 8.723 APPROVED AS TO FORM: Resolution No. 2023-R0389 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 58230003823 FY 2023 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) Awarding Federal Agency: United States Department of Health and Human Services TDHCA Federal Award Number: 2301LIEA Award Year (Year of Award from HHS to TDHCA): 2023 Unique Entity Identifier Number: LXDNEKWRVKJ6 This Amendment No. 2 to Comprehensive Energy Assistance Program Contract Number 58230003823 by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("DepartmenY'), 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 58230003823 ("ContracY') on January 01, 2023 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 acknowledqed, the Parties aqree as follows: 1. Subsection G of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is hereby amended 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 $1,928,180.00. 2. Section 36. Special Conditions C.2. is hereby deleted in its entirety. 3. Section 36. Special Conditions C.3. is hereby deleted in its entirety. 4. Exhibit A. Budqet, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 5. 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 aovern. unless it would make the Contract void bv law. Page 1 of 4 6. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 7. 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. 8. 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. 9. 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. 10. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 11. This Amendment shall be effective and memorializes an effective date of March 10, 2023. WITNESS OUR HAND EFFECTIVE: March 10, 2023 SUBRECIPIENT: City of Lubbock a political subdivision of the State of Texas By: Karen Murfee Title: Executive Director Date: May 10, 2023 7:43 am bEPARTMENT: 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 11, 2023 7:53 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 58230003823 FY 2023 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT A BUDGET City of Lubbock, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGA710NS $ 1,928,180.00 CEAP FUNDS CURRENTLY AVAILABLE $ 2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $ 139,215.00 - Direct Services $ 1,786,465.00 - TOTAL CEAP BUDGET $ 1,925,680.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 774,522.00 43.36 Utility Assistance $ 774,522.00 43.36 Program Services $ 237,421.00 13.29 TOTAL DIRECT SERVICES $ 1,786,465.00 100.00 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. All other administrative costs, exclusive of costs for program services, must be paid with nonfederal funds. Page 3 of 4 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 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. DepartmenYs 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 8 months of the Contract Term. A second and final budget revision must be received by the Department no later than 45 calendar 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 containing the contract number and appropriate budget line item associated to the refund(s). Page 4 of 4