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HomeMy WebLinkAboutResolution - 2008-R0344 - Amendment To Contract - Housing And Community Affairs For CEAP - 09/11/2008Resolution No. 2008-RO344 September 11, 2008 Item No. 5.13 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to a Contract, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program (CEAP), 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. by the City Council this 11th day of September '2008. e ,s~ Zt4a;�- TOM MARTIN, MAYOR TTEST: Rebe a Garza, City Secretary APPROVED, 'A.S,TO CONTENT: Bill Howerton, Jr., Communi 711elopment Director APPROVED AS TO FORM: .1i r01 =111� 1 11 '1111 r�! a E&) gs/ccdocs/CEAP-Amend res-TexDept of Housing&Community Affairs 08/26/08 Resolution No. 2008-RO344 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58080000150 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) AMENDMENT NUMBER: 2 SECTION 1. This contract (hereinafter "Contract" is made by and between the Texas Department of Housing and Community Affairs (the "Department"), an agency of the State of Texas and City of Lubbock (hereinafter the "Subrecipient"). SECTION 2. The period for performance of this contract, unless earlier terminated, is January 01, 2008 through December 31, 2008 (hereinafter the "Contract Term"). SECTION 3. The contract is amended by: Obligating 2008 LIHEAP additional funding, TDHCA Administration, and 2007 CEAP Unutilized Balance. As well as the changes to Section 11. Non -Binding Guidance Department may issue non-binding guidance to explain the rules and provide directions on terms of this Contract. Such non-binding guidance shall not alter the terms of this Contract so as to relieve Department of any obligation of reimbursement of an allowable cost incurred by Subrecipient prior to the effective date of the non-binding guidance. SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in 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 any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Fly M— LOW This amendment shall be effective on the date of execution. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terns shall become a part of the Contract as if it were set forth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: City of Lubbock By: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Page 11 of 13 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58080000150 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) ATTACHMENT A BUDGET DEPARTMENT FINANCIAL OBLIGATIONS $ 604,917.00 EAP FUNDS CURRENTLY AVAILABLE $ 730.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET CATEGORY FUNDS % TOTAL CEAP BUDGET _ Co -payment 5 124,534.00 23.75 Direct Service Support $ 26,218.00 5.00 Elderly and Disabled $ 124,534.00 23.75 Energy Crisis S 124,534.00 23.75 Heating/Cooling S 124,534.00 23.75 TOTAL DIRECT SERVICES $ 524,354.00 100.00 Subrecipient's service area consists of the following Texas counties: LUBBOCK Page 12 of 13 Administrative costs, salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 7.00°(=of the contract expenditures, excluding Training/Travel costs. Assurance 16 Activities costs are limited to 6.00% of the contract expenditures excluding Training and Travel costs. Direct Services Support costs are limited to 5.00% of total Direct Services expenditures. Subrecipients may adjust budgets within the components at levels not to exceed 10% of the component budget. Expenditures for Elderly/Disabled and Heating/Cooling must be a minimum 10% of Direct Service Dollars expended. Energy Crisis and Co -Payment Percentage will be established by Subrecipient Direct Services Support (may not exceed 5% of Direct Services dollars expendedl. 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. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement ofarry building or facility. Subrecipient is limited to only one budget revision request during the first 6 months of the Allocation Period. A second and final budget revision must be received by the Department on or before October 31, 2008. 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. Effective Date of Budget: 08/01/2008 Page 13 of 13