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HomeMy WebLinkAboutResolution - 2009-R0298 - Amendment To Contract - TX DHCA - SPS Company Program For Weatherization - 08/13/2009Resolution No. 2009-80298 August 13, 2009 Item No. 5_1.4 RESOLUTION BE 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 Southwestern Public Service (SFS) Company Program to weatherize homes, 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 13th day of August , 2009. TOM MARTIN, MAYOR ATTEST: Rebe caGarza�Ci� Secrctary APPROVED AS TO CONTENT: 0 Bill Howerton, Jr. Community Development Dir' jr APPROVED AS TO FORM: Amy6jx%s, -!�ssistant City Attorney gslccdocs/res.amendment CD-TDHCA WeatEherization Assist Prog(SPS) 07/29/2009 Resolution No. 2009-80298 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER: 409048 FOR THE SOUTHWESTERN PUBLIC SERVICE (SPS) COMPANY AMENDMENT NUMBER: 1 SECTION 1. This amendment (hereinafter "Contract") is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas (hereinafter the "Department") and CITY OF LUBBOCK (hereinafter the "Subrecipient"), for the purposes of amending contract 409048 (Contract). SECTION 2. The contract is amended by deleting Attachment A - Budget in its entirety and substituting in lieu thereof the amended Attachment A -- Budget as attached to this Amendment. SECTION 3. 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 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 4 This amendment shall be effective on the date of execution. 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 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: CITY OF LUBBOCK BY: NOT SIGNED CITY OF LUBBOCK , Executive Director TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BY: NOT SIGNED Michael Gerber, Executive Director TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER: 409048 FOR THE SOUTHWESTERN PUBLIC SERVICE (SPS) COMPANY ATTACHMENT A BUDGET DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount of: (1) SPS Funds for: $35,995-.00 B. By written notice to Subrecipient, Department may deobligate or obligate additional funds from this budget component. For planning purposes only, Subrecipient may assume that the total award during the Contract Period will be: $.00 BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY -------------------------------------- Weatherization Administration Refrigerators CFL's & W/S TOTAL EFFECTIVE: 06/01/2009 AMOUNT $26,852.00 $1,343.00 $7,575.00 $.00 $35,770.00 Subrecipient's service area shall consist of the .following Texas counties: Lubbock County 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, 2009. Effective Date of Budget: 06/01/2009