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HomeMy WebLinkAboutResolution - 2012-R0001 - Amendment To Contract - TX DHCA - ARRA Weatherization Assistance Program - 01/12/2012Resolution No. 2012-R0001 January 12, 2012 Item No. 5.1.1 RESOLUTION NO. IBE 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 Contract 416090000708, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the American Recovery and Reinvestment Act Weatherization 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 January 12, 2012 (ATTEST: t�J Jy! TOM MARTIN, MAYOR Rebec Garza, City Secretary APPROVi;D AS TO CONTENT: f Phys Brown Interim, Community Development Director APPROVED AS TO FORM: City Attorney gs/res.amend CD -Contract 16090000708Amer Recovery & Reinvestment Act 1 1.28.1 1 Resolution No. 2012-R0001 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER. 1600)0000708 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA4 81.042) AMENDMENT NUMBER 6 SECTION 1. PARTIES TO CONTRACT 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 (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000708 ("Contract"). SECTION 2. Subrecipient has voluntarily relinquished a portion of the funds allocated to this Contract. On the effective date of this Amendment Number 6, the relinquished funds are hereby deobligated. SECTION 3. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September W. ?009 through Dccenlb,'r 31, 2011 (hereinafter the "Contract Term") SECTION 4. The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this Amendment. SECTION 5. 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. SECTION 6. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 7. 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 worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: Cite of I,UbbOC< By, Date Signed. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Date Signed: Page 1 of -3 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000708 FOR THE TME AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA4 81402) AMENDMENT NUMBER 6 A'T'TACHMENT A - BUDGET AND PERFORMANCE DOCUMENT SUBRECIPIENT NAME: Cite 01 Lubhock DEPARTMENT FINANCIAL OBLIGATIONS S 1,349,631,00 ARRA FUNDS CURRENTLY AVAILABLE S8 219.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $ 1,349,631.00 TOTAL ANTICIPATED ARRA FUNDS $ 8,219.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current contract term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES DEPARTMENT SHARE Administration $ ?`a.77ii (i0 L.r<tbilit� Pollution Occurrence lninr nCe $ 0_(i0 Fiscal Audit $2,00000 Materials/ Program Support/ Labor $ 1,224,926.00 4 Health and Safetv $ 62,935.00 SUB -TOTAL $ 1,349,631.00 s 1 raining and'fechnical Assistance $ 3219.00 TOTAL $ 1,,�TSi0.00 Page 2 of 3 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested budget revisions during the current contract tern. Only those written request(s) from the subrecipients received at least 120 days prior to the end of the contract term (by April 30, 2011) will be reviewed. TDIICA may decline to review written requests received during the final 90 days of the contract term. z Denotes maximum for administration based on 5.00% of the total allowable expenditures excluding travel for training. 3 Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance. 4 Denotes the maximum allowed for Health and Safety expenditures. Department approved training / travel only. 6 Subrecipient may incur costs associated with the closeout of the ARRA WAP contract. These activities include but are not limited to: inspections, payments of invoices, and quality assurance activities for a period not to exceed 60 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 14 B of this contract. PERFORMANCE Subrecipient's service area consists of the following Texas counties: LUBBOCK Subrecipient's service area consists of the following Texas cities, f.IBBOCK Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract term. ARRA costs per unit, excluding health and safety expenses, shall not exceed S6,500.00 without prior written approval from the Department. By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This Contract shall be binding upon the parties hereto and their respective successors and assigns. Effective Date of Budget I 1 /01 /201 1 Page 3 of 3