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Home My WebLink AboutResolution - 2013-R0317 - Amendment To Contract - TX DHCA - CEAP - 09/26/2013Resolution No. 2013-RO317 September 26, 2013 Item No. 5.1.1 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 Community Development Funding Contract #58130001622, by and between the City of Lubbock and Texas Department of Housing and Community Affairs (TDHCA) for the Comprehensive Energy Assistance Program, 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. Passed by the City Council this September 26 , 2013 ATTEST: Rebe ca Garza, City Secre ary APPROVED AS TO CONTENT: APPROVED AS TO FORM: 7 AT y Si sistant y Liaison gs/Amend-TDHC-Comprehensive Energy Assist Prog.res 8.20.13 Resolution No. 2013-RO317 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58130001622 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) AMENDMENT NUMBER: I SECTION 1. This Amendment Number I to 58130001622 (the First Amendment) is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City of Lubbock, a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter, collectively the "Parties"). SECTION 2. Subrecipient and Department executed that certain CEAP Contract No. 58130001622 ("Contract') to be effective on 6/15/2013. SECTION 3. Under the authority described in Section 12 of the Contract and for valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below: 1. Section 9 A, Record Keeping Requirements, to the Contract is amended by replacing in its entirety Subrecipient shall maintain fiscal and programmatic records and supporting documentation for all expenditures of funds made under this Contract in accordance with the UGMS, Section III, Common Rule: State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post Award Requirements, _.42. For purposes of compliance, all associated documentation must be ready available, whether stored electronically or hard copy to justify compliance with program rules and regulations. 2. Section 18 F, Audit, to the Contract is amended by replacing in its entirety Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall retain working papers and reports for a minimum of the three years after the date of directive of the auditors report to the Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. 3. Exhibit B, BUDGET, to the Contract is amended by replacing in its entirety with the amended Exhibit B, BUDGET, attached hereto (consisting of two (2) pages). SECTION 4. The Parties hereto agree that all other 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 First Amendment. In the event this First Amendment and the terms of the Contract [as amended by the First Amendment] are in conflict, this First Amendment shall govern, unless it would make the Contract void by law SECTION 5. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 6. 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. Page 1 of 4 SECTION 7. If any of the Parties returns this 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 S. 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. SECTION 9. This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 10. This First Amendment is executed to be effective on the date of execution by the authorized representative for the Department. AGREED TO AND EXECUTED BY: City of Lubbock a political subdivision of the State of Texas By: Title 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 Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58130001622 FOR THE FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568) EXHIBIT B BUDGET City of Lubbock, a political subdivision DEPARTMENT FINANCIAL OBLIGATIONS $ 1,1 15,754.00 CEAP FUNDS CURRENTLY AVAILABLE $ 1.200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET CATEGORY FUNDS % Administration $ 69,660.00 50.00 Assurance 16 $ 72,892.00 - Direct Services $ 972.002.00 - TOTAL CEAP BUDGET $ 1,114,554,00 BUDGET CATEGORY FUNDS % Household Crisis $ 486,001.00 50.00 Utility Assistance $ 486,001.00 50.00 TOTAL DIRECT SERVICES $ 972.002.00 100.00 Subrecipient's service area consists of the following Texas counties: LUBBOCK Page 3 of 4 Administrative costs, salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited 6.2°/ of the contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of administrative costs for Assurance 16 Activities, must be paid with nonfederal funds. Assurance 16 Activities costs will be the maximum allowable under the total State of Texas LIHEAP award but not more than 6.6% of the contract expenditures excluding Training and Travel costs. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed 45 days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Departments 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