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HomeMy WebLinkAboutResolution - 2019-R0446 - CEAP With Lutheran Social Services - 12/03/2019 Resolution No. 2019-RO446 Item No. 7.2 December 3,2019 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, Contract No. 14729, by and between Lutheran Social Services of the South Plains, Inc. and the City of Lubbock, and 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 on December 3, 2019 ��v DANIEL M. POPE, MAYOR ATTEST: 'Iteb cca Garza, City Secret ry APPROVED AS TO CONTENT: Bill How an, Deputy Cr4er APPROVED AS TO FORM: r < Ili Leisure, Assistant City Attorney ccdocs/RES.Amend#1 EnergyAsst Agrmt-14729 Lutheran SocialServices 11.18.19 i Resolution No. 2019-RO446 FIRST AMENDMENT TO COMPREHENSIVE ENERGY ASSISTANCE PROGRAM BETWEEN CITY OF LUBBOCK AND LUTHERAN SOCIAL SERVICES OF THE SOUTH PLAINS,INC. This First Amendment (the "Amendment") to the Comprehensive Energy Assistance Program Agreement(the"Agreement) Contract No.14729 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 organization (the "Grantee"), (collectively the "Parties") acting by and through the Parties' representative officers and officials, and is entered into by the Parties on this -3rr] day of nec�er 2019 (the"Effective Date") RECITALS WHEREAS, the Parties executed the original Agreement on May 28, 2019; WHEREAS, the Parties hereby desire to amend the Agreement; and NOW THEREFORE,the Parties hereby amend the Agreement as follows: AMENDMENT Article 1.The language in Article 2,on page 3 of the Agreement,entitled"Time of Performance", shall be replaced with the following language: "This Agreement shall commence January 1,2019 and sham terminate March 31, 2020 (the'Term"). The Term may be extended on a year to year basis during the five (5) year roll-over cycle ending December 31,2023, provided fiends 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 2. The language in Article 4, on page 3 of the Agreement, entitled "Payment", shall be replaced with the following language: "The City will pay up to one million three hundred eighty-nine thousand two hundred seventy-two dollars($1,389,272)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. SIGNATURES THE CITY OF LUBBOCK: LUTHERAN SOCIAL SERVICES OF THE SOUTH,INC. DANIEL M. POPE, MAYOR Dr. Kurt Senske ATTEST: FED.I.D.# 74- 1109745 AQ L&V 4-t--f— A/—� Ke-be ca Garza, City Secretary APPROVED AS TO CONTENT: �21a'� OA'u�� Karen Murfee, Community Devel ment Director APPROVED AS TO FORM: Kell Leisure, Assistant City Attorney The Contractor will then bill the City monthly for expenses incurred by the Contractor during the prior month of Services perform under the Project. By March 31, 2020, 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." Article 3. Upon execution by the Parties, this Amendment shall become effective on the Effective Date, with the remainder of the Agreement remaining in full force and effect except as changed herein. IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE EFFECTIVE DATE (Signature Page to Follow)