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Home My WebLink AboutContract 56006-A3 DocuSign Envelope ID: D5D088FC-ED3D-40OA-99F6-OCC33C6B8641 CSC No.56006-A3 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 Mortgage Assistance Program ("TEMAP") THIRD AMENDMENT TO CDBG-CV TEMAP CONTRACT NO. 70300001006 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: 084646327 This THIRD AMENDMENT TO CDBG-CV TEMAP CONTRACT NO. 70300001006 ("Third Amendment") between City of Fort Worth, a political subdivision in 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 June 15, 2021. RECITAL WHEREAS, on May 27, 2021 and May 28, 2021, Subrecipient and Department, respectively, executed that certain CDBG-CV TEMAP Contract No. 70300001006 by and between the Department and Subrecipient dated to be effective on June 15, 2021 ("Contract");and WHEREAS, on July 23, 2021 and July 23, 2021, Subrecipient and Department, respectively, executed that certain First Amendment to CDBG-CV TEMAP Contract No. 70300001006 ("First Amendment")to be effective on June 15, 2021; and WHEREAS, on August 20, 2021 and August 20, 2021, Subrecipient and Department, respectively, executed that certain Second Amendment to CDBG-CV TEMAP No. 70300001006("Second Amendment") to be effective on June 15, 2021; and WHEREAS, in accordance with Section 11 of the Contract,the Department has authorityto 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, Deobligation of Funds, of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of the Contract, is hereby amended to read as follows: OFFICIAL RECORD Third Amendment to CDBG-CV TEMAP Contra CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: D5D088FC-ED3D-40OA-99F6-OCC33C6B8641 "D. Deoblieation 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 homeowners by February 28, 2022, but not paid to those homeowners may be reobligated by the Subrecipient in accordance with the terms of this Contract." 2. 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. 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 4. All of the remaining terms and provisions of the Contract shall be and remain in full force and effect. If the terms of this Third Amendment and the terms of the Contract as amended by the Second Amendment are in conflict,then this Third Amendment shall control unless it would make the Contract void by law. 5. This Third Amendment shall be binding upon the parties hereto and their respective successors and assigns. 6. This Third 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. 7. If a party returns this copy byfacsimile machine,the signing party intends the copy of its authorized signature printed by the receiving machine to be its original signature. 8. By signing this Third 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. Third Amendment to CDBG-CV TEMAP Contract No. 70300001006 Page 2 of 4 DocuSign Envelope ID: D5D088FC-ED3D-40OA-99F6-OCC33C6B8641 AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision in the State of Texas DocuSigned by: By: t44,4440 CoIff 4u 655F7B6B652A454... Name: I-ernanao costa Title: Assistant City Manager Date: 12/9/2021 1 11:58:51 AM CST DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas DocuSigned by: Ebu4�I� By. 20EED25455 Name: Rudy Bentancourt Title: Its duly authorized officer or representative Date: 12/9/2021 1 2:23:39 PM CST Approved as to form and legality Jo Ann Pate,Assistant City Attorney Attest: a ` o 0000�� Y 0 TG�YIYIPi��Pi S. GOOdgII a o °oO�� Jannette S.Goodall(Jan 14,202214:00 CST) ° °p d �O Jannette S. Goodall, City Secretary V o o=� ° ° °oo °oo �� d 00 000000 /,/ rfiXASa�a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to CDBG-CV TEMAP Contract No. 70300001006 Page 3 of 4 DocuSign Envelope ID: D5D088FC-ED3D-40OA-99F6-OCC33C6B8641 THIRD AMENDMENT TO CDBG-CV TEMAP CONTRACT NO. 70300001006 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 Mortgage Assistance Program ("TEMAP") CONTRACT NO. 70300001006 EXHIBIT A CONTRACT BENCHMARKS City of Fort Worth, a political subdivision in the State of Texas CONTRACT BENCHMARKS' AS REFLECTED THROUGH THE MONTHLY EXPENDITURE AND PEFORMANCE REPORT: 1. All subawardee information provided to the Department by July 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 February 28, 2022. 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. Third Amendment to CDBG-CV TEMAP Contract No. 70300001006 Page 4 of 4 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. Barbara Asbury(Jan 14,202 08:45 CST) Barbara Asbury, Compliance and Planning Manager Neighborhood Services Department Ll This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX