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Home My WebLink AboutContract 55418-A2 DocuSign Envelope ID:B298BD65-823D-4CD0-B635-BDAA6E68B47D CSC No.55418-A2 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") SECOND AMENDMENT TO CDBG-CV TERAP AND TEDP CONTRACT NO. 70200001017 CFDA: 14.228 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Awarding Federal Agency: U.S. Department of Housing and Urban Development("HUD") 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 SECOND AMENDMENTTO CDBG-CV TERAP and TEDP CONTRACT NO.70200001017("Second Amendment") between City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"), and the TEXAS DEPARTMENT 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 and TEDP Contract No. 70200001017 by and between the Department and Subrecipient dated to be effective on January 15, 2021("Contract"); and WHEREAS, on April 08, 2021 and April 09, 2021, Subrecipient and Department, respectively, executed that certain First Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001017 ("First Amendment")to be effective on January 15, 2021;and WHEREAS,in accordance with Section 11 of the Contract,the Department has authority to amend the Contract accordingly;and WHEREAS,Subrecipient and Department desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Subsection D, ,Deoblisation of Funds, of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of the Contract,is hereby amended to read as follows: OFFICIAL RECORD Second Amendment to CDBG-CV TERAP and TEDP Contract No. CITY SECRETARY FT. WORTH, TX i DocuSign Envelope ID:B298BD65-823D-4CD0-B635-BDAA6E68B47D I "D. Deobligation of Funds. Failure to meet an expenditure benchmark as reported in the Monthly Expenditure and Performance Report as identified in Exhibit A, Contract Benchmarks, may result in the Department(in its sole discretion)deobligating the unreported amount of expended funds for the benchmark and deobligating an equivalent proportion of administrative funds. Funds obligated to specific landlords or utility providers by September 30, 2021, but not paid to those landlords or utility providers may be reobligated by the Subrecipient in accordance with the terms of this Contract." 2. Section 21, COMPLIANCE WITH LAWS, of the Contract is amended to add the following Subsection I: "I. Excessive Force. The Subrecipient affirms by signing this Contract, as amended,that Subrecipient has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction." 3. The Contract Benchmarks attached as Exhibit "A".to the Contract is replaced in its entirety and attached hereto as Attachment#1, consisting of 1 page, and incorporated herein for all relevant purposes. 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. S. All of the remaining terms and provisions of the Contract shall be and remain in full force and effect. If the terms of this Second Amendment and the terms of the Contract as amended by the First Amendment are in conflict,then this Second Amendment shall control unless it would make the Contract void by law. 6. This Second Amendment shall be binding upon the parties hereto and their respective successors and assigns. 7. This Second 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. 8. 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. 9. By signing this Second Amendment, the parties hereto expressly understand and agree that the terms shall become part of the Contract as if they were set forth word for word therein. Second Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001017 Page 2 of 4 i DocuSign Envelope ID: B298BD65-823D-4CD0-B635-BDAA6E68B47D i I i AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas D"Velened by: By; a �.�i Name: Fernando Qff78$11U2M54... Title: Assistant City Manager Date: 7/10/2021 1 12:35:48 PM CDT DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas Mwsl�ned by: By: Name: Rudy BehtmiVIAMED254511... Title: Its duly authorized officer or representative Date: 7/10/2021 1 5:05:01 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. Farbara LELary Barbara Asbury(Jul 13,202115:46 CDT) Barbara Asbury, Compliance & Planning Manager Neighborhood Services Department Approved as to form and legality: Taylor Paris,Assistant City Attorney oaf FORT �� ► °°°0.0 l� °off 1 Attest �j 0 0 ° ° o° yy Ronald P.Gonzales(Jul 13,2 16:46 � °°° °p T� ICY Ronald P. Gonzales,Acting City Secretary ��il�EXASaA� OFFICIAL RECORD CITY SECRETARY Second Amendment to CDBG-CV TERAP and TEDP Contract No FT. WORTH, TX DocuSign Envelope ID: B298BD65-823D-4CD0-B635-BDAA6E68B47D SECOND AMENDMENT TO CDBG-CV TERAP AND TEDP CONTRACT NO. 70200001017 ATTACHMENT#1 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") CONTRACT NO. 70200001017 EXHIBIT A CONTRACT BENCHMARKS City of Fort Worth, a political subdivision of the of State of Texas CONTRACT BENCHMARKS' AS REFLECTED THROUGH THE MONTHLY EXPENDITURE AND PEFORMANCE REPORT: 1. All subawardee information provided to the Department by February 15, 2021. 2. Contract 20%expended, as provided in the Budget, by fourth month reporting. 3. Contract 40%expended, as provided in the Budget, by sixth month reporting. 4. Contract funds 100% obligated by September 30, 2021. 5. Contract 70%expended, as provided in the Budget, by ninth month reporting. 6. Contract 100% expended, as provided in the Budget, by thirteen month reporting. 'The Department may recapture the unexpended funding up to the expenditure benchmark funding, as further detailed in Section 4 D.of this Contract. The Department may recapture all or a portion of funding not obligated by the Contract benchmark. Second Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001017 Page 4 of 4