HomeMy WebLinkAboutResolution - 2016-R0290 - Contract - TX DHCA - CSBG - 08/25/2016Resolution No.2016-R0290
Item No.6.23
August 25,2016
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,a First Amendment to Contract No. 12725 for Community
Services Block Grant funding for poverty assistance,community revitalization,and low-
income family empowerment,by and between the City of Lubbock and the Texas Department
of Housing and Community Affairs, 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 August 25.2016 .
ATTEST:
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Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
i-«
Bill HJBwerton,Assistant/Cjty Manager
APPROVED AS TO FORM:
ity Attorney
ccdocs/RES.Amendment 1 to Contract 12725 -TDIICA
July 6.2016
DANIEL M.PPPE,MAYOR
Resolution No. 2016-RO290
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 58160002328
FY 2016 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA H 93.568)
This Amendment No. I to Comprehensive Energy Assistance Program Contract Number. 58160002328 by and
between the Texas Department of Housing and Community Affairs, a public and official agency of the Stale 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.
58160002328 ("Contract") on January 01, 2016 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 sections, addendums and exhibits are hereby amended as follows:
I. Section 4. A. Department Obligations, of this Contract is hereby amended to read as follows:
In consideration of Subrecipienfs satisfactory performance of this Contract, Department shall reimburse
Subrecipient for the actual allowable costs incurred by Subrecipient during the Contract Tenn for administrative
expendtiures, Assurance 16 activities, program services and direct services expenditures in accordance with
Section 5.430 of the State Rules, in the amount(s) specified in the Budget attached hereto as Exhibit A.
2. Section 4. F. Department Obligations, of this Contract is hereby amended to read as follows:
"Section 4. F. Department Obligations. 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
$1,050,396.00."
3. Section 5. F. Method of Payment/Cash Balances, of this Contract is hereby amended to read as follows:
All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible
clients of the CEAP and for allowable administrative expenditures, Assurance 16 activities, and program
services costs incurred during the Contract Term in accordance with Section 5.430 of the State Rules.
4. Section 8. B. Allowable Expenditures, of this Contract is hereby amended to read as follows:
CEAP funds allow up to 6.25% of the award amount to be utilized for administrative costs. Administrative
costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic expenditures
and shall be allowed up to the amount outlined in the Budget attached hereto as Exhibit A. Eligible
administrative costs include costs related to staff performance of management, accounting and reporting
activities in accordance with the LIHEAP State Plan.
5. Section 8. C. Allowable Expenditures, of this Contract is hereby amended to read as follows:
Administrative, Assurance 16, and program services activities funds are earned through provision of direct
services to clients in accordance with the State Rules. Subrecipient may choose to submit a final budget
revision no later than forty-five (45) days prior to the end of the Contract Term to use its administrative,
Assurance 16, and program services funds for direct services categories
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6. Section 9. E. Record Keeping Reguirements, of this Contract is hereby amended to read as follows:
CLIENT FILES. Subrecipient shall maintain a client file system to document direct services rendered.
Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files found at the
time of program monitoring may be disallowed. Each client file shall contain the following:
11. Case notes sufficient to document that Assurance 16 and program service activities have occurred.
7. Exhibit A. Budget 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.
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 April 01, 2016.
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WITNESS OUR HAND EFFECTIVE: April 0l, 2016
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By:
Title: Daniel M. P pe, MAYOR
Date: August 25, 2016
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. I TO CONTRACT NUMBER 58160002328
FY 2016 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA N 93.568)
EXHIBIT A
BUDGET
City of Lubbock,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
S 1,050,396.00 CEAP FUNDS CURRENTLY AVAILABLE
S1,200.00 TRAINING TRAVEL ALLOWANCE FINDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY
FUNDS
%
Administration
$ 65,648.00
-
Assurance 16
$ 65,396.00
-
Direct Services
$ 918,152.00
-
TOTAL CEAP BUDGET
$ 1,049,196.00
-
BUDGET CATEGORY
FUNDS
%
Household Crisis
$ 426,378.00
46.44
Utility Assistance
$ 426,378.00
46.44
Program Services
$ 65,396.00
7.12
TOTAL DIRECT SERVICES
S 918,152.00
100.00
Subrecipient's service area consists of the following Texas counties:
LUBBOCK
General Administrative and coordination of CEAP, including costs and all indirect (overhead) cost, examples include
salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 6.25% of the
contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of administrative costs
for Program Services, must be paid with nonfederal funds.
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Assurance 16 shall not exceed the maximum 6.23%. Assurance 16 activities provide services that encourage and enable
households to reduce their home energy needs and thereby the need for energy assistance, including needs
assessments, counseling, and assistance with energy vendors, and report to the Secretary concerning the impact of
such activities on the number of households served, the level of direct benefits provided to those households, and the
number of households that remain unserved.
Program services costs shall not exceed the maximum 7.12%. Program services cost includes direct administrative cast
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.
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 of any building or facility.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Tenn. 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.
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