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Home My WebLink AboutContract 55418-A1 i CSC No.55418-A1 DocuSign Envelope ID:88D80215-CCOD-4D51-A11E-884044470991 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT Coronavirus Aid, Relief, and Economic Security Act("CDBG CARES" or "CDBG-CV") Texas Emergency Rental Assistance Program ("TERAP") and Texas Eviction Diversion Program ("TEDP") FIRST AMENDMENT TO CDBG-CV TERAP CONTRACT NO. 70200001017 CFDA: 14.228 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Awarding Federal Agency:U.S.Department of Housing and Urban Development Federal Award Number(s): B-20-DW-48-0001 Federal Award Year:2020 Pass Through Entity:Texas Department of Housing and Community Affairs HUD Entity Type: Subrecipient Unique Entity Identifier Number:073170458 This FIRST AMENDMENT TO CDBG-CV TERAP CONTRACT NO. 70200001017 ("First Amendment") between City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"), and the TEXAS DEPARTM ENT OF HOUSING AND COMMUNITY AFFAIRS,a public and official agency of the State of Texas, ("Department"), is executed to be effective on January 15, 2021. RECITAL WHEREAS,on January 19,2021 and January 19,2021,Subrecipient and Department, respectively, executed that certain CDBG-CV TERAP Contract No. 70200001017 by and between the Department and Subrecipient dated to be effective January 15, 2021("TERAP Contract"); and WHEREAS, Subrecipient and Department desire to expressly incorporate the requirements imposed by the conforming amendments required by changes in "Program Guidelines" as defined in the TERAP Contract and to correct the terms and conditions of the TERAP Contract to reflect the current Program Guidelines;and WHEREAS, in accordance with Section 11 of the TERAP Contract,the Department has authorityto amend the TERAP Contract accordingly; and WHEREAS, Subrecipient and Department desire to amend the TERAP Contract in the manner provided herein below. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment for TERAP Contract#70200001017 Page 1 of 5 DocuSign Envelope ID:881380215-CCOD-41351-A11E-884044470991 I AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Subsection C,TEDP, of Section 3, SUBRECIPIENT PERFORMANCE,SCHEDULE,AND SERVICE AREA, of the TERAP Contract is hereby deleted in its entirety and amended to read as follows: "C. TEDP. As of March 1,2021,Subrecipient is no longer required to administer TEDP activities, as this program is now being implemented through the Texas Rent Relief Funds.While Subrecipient can continue to serve clients referred by Justices of the Peace, Subrecipient will need to track these expenditures under Rental Assistance in the monthly reporting in accordance with Subsection G, Section 10 of this Contract and under Rental Assistance line item in the Budget attached as Exhibit C to this Contract. Subrecipient may use all of the funds originally dedicated for TEDP activities for emergency rental assistance." 2. Subsection C, Allowable Expenses, of Section 5., PAYMENT / CASH BALANCES, of the TERAP Contract is hereby amended to read as follows: "C. Allowable Expenses., All funds paid to Subrecipient pursuant to this Contract are for the payment of allowable expenditures to be used for the exclusive benefit of low-to moderate- income Households with Gross Annual Income at or below 80 percent of HUD's AMI, applicable per each Household's size and zip code and county of residence. Subrecipient may incur administrative costs to deliver emergency assistance: salaries and related costs; supplies and equipment (with Department approval and as limited by 10 TAC §1.10), overhead (utilities, maintenance, etc.), transportation, and mileage. Preparation of the CDBG-CV application and staff time to attend or participate in pre-contract training are eligible pre-award administrative costs. Subrecipient may incur costs for activities associated with the closeout of the Contract for a period not to exceed forty-five (45) calendar days from the end of the Contract Term. Payment of late fees for rental arrears are allowable under the TERAP project activity for expenses incurred on or after July 23, 2020, if paid as part of a month of rental assistance. The late fees for rental arrears must be outlined in the lease and cannot be greater than allowed under Texas Property Code §92.019. No otherfees including but not limited to late check fees,washer/dryer rental or pet rent are allowable." 3. Subsection A, Administrative Requirements and Cost Principles, of Section 6., ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS, of the TERAP Contract is hereby amended to read as follows: "A. Administrative Reauirements and Cost Principles. Except as expressly modified by law or the terms of this Contract,Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the state Uniform Grant Management Standards,34 TAC Chapter 20,Subchapter E, Division 4 in effect on the effective date of this Contract("UGMS"). If First Amendment for TERAP Contract#70200001017 Page 2 of 5 i DocuSign Envelope ID:88D80215-CCOD-41D51-A11E-884044470991 I i funds are added to this Contract after this date, UGMS will remain the grant management standard." 4. Subsection A, of Section 17, SUBAWARDS, of the TERAP Contract is hereby amended to read as follows: "A. Subrecipient may request to the Department to enter into a subaward to a unit of local government, council of government, public housing authority, or private nonprofit organization for some or all of its program and administrative funds through a direct(non-competitive) award. The Subrecipient must fulfil all of the requirement of a pass-through entity listed in 2 CFR §200.332, and must monitor its subawardee at least once during the Contract Term." 5. Subsection A,of Section 42,NOTICE,of the TERAP Contract is hereby amended to read as follows: "A. if a notice is provided concerning this Contract, notice may be given at the following ("Notice Address"): As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P. 0. Box 13941 Austin,Texas 78711-3941 Attention: Rudy Bentancourt, Director of CDBG CARES Telephone: (361)232-3020 rudy.bentancourt@tdhca.state.tx.us As to Subrecipient: City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Attention: Fernando Costa,Assistant City Manager Telephone: (817)392-6134 Email:fernando.costa@gortworthtexas.gov 6. Each capitalized term not expressly defined herein shall have the meaning given to such term in the TERAP Contract. 7. All of the remaining terms and provisions of the TERAP Contract shall be and remain in full force and effect. If the terms of this First Amendment and the terms of the TERAP Contract are in conflict,then this First Amendment shall control unless itwou ld make the TERAP Contract void by law. 8. This First Amendment shall be binding upon the parties hereto and their respective successors and assigns. 9. 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 all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. First Amendment for TERAP Contract#70200001017 Page 3 of 5 DocuSign Envelope ID:88D80215-CCOD-4D51-A11E-884044470991 I 10. If a party returns this copy by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving machine to be its original signature. 11. By signing this First Amendment, the parties hereto expressly understand and agree that the terms shall become part of the TERAP Contract as if they were set forth word for word therein. First Amendment for TERAP Contract#70200001017 Page 4 of 5 i DocuSign Envelope ID:SSD80215-CCOD-4D51-All E-884044470991 AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas J—Z"Oto Slgned by: By. eblu Name: Fernglfff'86V6M4 Title: Assistant City Manager Date: 4/7/2021 1 7:07:52 PM CDT DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas DocuSlgned by: By: Name: R 3M€e2ffrt Title: Its duly authorized officer or representative Date: 4/8/2021 1 1:34:58 PM CDT Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Bar6aral AE6"_Y-g Barbara Asbury(Jul 13,2021 5:48 CDT) Barbara Asbury, Compliance & Planning Manager Neighborhood Services Department Approved as to form and legality: a FORT Taylor Paris,Assistant City Attorney °°O d� ..0 °�-�� OFFICIAL RECORD Attest: v o =d ° CITY SECRETARY TJ 0 yy lRoag�%PleGonzc�28 6:46CDT) �� °°° o T� P. °0000000 .C7 Ronald P. Gonzales,Acting City Secretary I FT. WORTH TX First Amendment for TERAP Contract#70200001017 Page 5 of 5