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HomeMy WebLinkAboutResolution - 2014-R0294 - Amendment To Contract - TX DHCA - CEAP - 09/04/2014Resolution No. 2014-RO294 September 4, 2014 Item No. 2.1.3 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, 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, and all related documents. Said Contract 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. 4th Passed by the City Council this INK day of September , 2014. GLE RO RTSON, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Bill Howerton, Assistant Cid anager r� l APP-POVPT) AC TO PC)PXA- Res.CDBG-TDHC-Amend Comprehensive Energy Assist Prog.14 8.26.14 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58130001950 FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 1 to Comprehensive Energy Assistance Program Contract Number. 58130001950 ("First Amendment") by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Department"), and City of Lubbock, a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties", is executed on the respective dates indicated to ratify, confirm and acknowledge the execution date of this First Amendment to be 6/1/2014. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that Comprehensive Energy Assistance Program Contract Number. 58130001950 and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows SECTION 1. 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 $267,101.00." SECTION 2. Exhibit B. Budgetof this Contract is hereby deleted and replaced in its entirety with the attached Exhibit B SECTION 3. 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 terns conflict with the terms of this First Amendment. In the event this First Amendment and the terms of the Contract are in conflict, this First Amendment shall govern, unless it would make the Contract void by law. SECTION 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This First 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 6. 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 7. By signing this First 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. Page 1 of 4 SECTION 8. This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns SECTION 9. This First Amendment shall be effective and memorializes an effective date of & 1/2014 WITNESS OUR HAND EFFECTIVE 6/1/2014 SUBRECIPIENT: City of Lubbock a political subdivisi o S t fTexas By Title. Date: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas Title Its duly authorized officer or representative Date Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. I TO CONTRACT NUMBER 58130001950 FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT B BUDGET City of Lubbock, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 267,101,00 CEAP FUNDS CURRENTLY AVAILABLE TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE i BUDGET CATEGORY FUNDS % Administration $ 16,694.00 46.00 Direct Services $ 250,407.00 46.00 TOTAL CEAP BUDGET $ 267,101.00 8.00 BUDGET CATEGORY FUNDS % Household Crisis $ 115,187.00 46.00 Utility Assistance $ 115,187.00 46.00 Program Services $ 20,033.00 8.00 TOTAL DIRECT SERVICES $ 250,407.00 100.00 Subrecipient's service area consists of the following Texas counties LUBBOCK General Administrative and coordination of CEAP, including costs and all indirect (overhe d cost, examples include salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited 6.2591 the contract expenditures, excluding Training/Travel costs All other administrative costs, exclusive of administrative c rogram Services, must be paid with nonfederal funds. Page 3 of 4 Program Services costs shall not exceed the maximum 8% of total Direct Services Expenditures, 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. 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 Term 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 Page 4 of 4