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2004-083-RES AUTHORIZING THE EXECUTION OF AMENDMENT NO 2 TO THE TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 719068 RESOLUTION NO. 2004-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO THE TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 719068; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May, 1999, by adoption of Resolution No. 99-053, which said Resolution was amended on the 27th day of July, 1999, by Resolution No. 99-095, authorize an application to be made to the Texas Department of Housing and Community Affairs for a Texas Community Development Program grant; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of November, 1999, in Resolution No. 99-159, accept the grant award entitled "1999 Housing Infrastructure Fund Program" Grant, TCDP Contract No. 719068, for the period beginning September 10, 1999, and ending September 9, 2002, in the total amount of $399,500.00, requiring no matching funds; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of February, 2003, in Resolution No. 2003-031, approve Amendment No.1 to the Texas Community Development Program Contract No. 719068 to extend the period of such grant to September 9, 2003; and, WHEREAS, said contract is in need of further revision to extend the period of such grant to September 9,2005; and, WHEREAS, the form of Amendment No.2 to Texas Community Development Program Contract No. 719068, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS. Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of Amendment No.2 to the Texas Community Development Program Contract No. 719068, to extend the period of the "1999 Housing Infrastructure Fund Program" grant to September 9,2005, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, of behalf ofthe City of Paris, said Amendment No.2, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of May, 2004. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: AMENDMENT NO.2 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 719068 I OFFICE OF RURAL COMMUNITY AFFAIRS AND THE CITY OF PARIS STATE OF TEXAS COUNTY OF TRAVIS Section 1. The Office of Rural Community Affairs, an agency of the State of Texas, hereinafter referred to as "Office", and the City of Paris, hereinafter referred to as "Contractor", do hereby contract and agree to amend their origin'al contract, as initially executed by the Executive Director of the Office effective September 10, 1999, for the performance of community development activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above by deleting in its entirety Section 2, Contract Period, and replacing it with the following: Section 2. CONTRACT PERIOD This contract and agreement shall commence on September 10, 1999, and shall terminate on March 9, 2005, unless otherwise specifically provided by the terms of this contract. Section 3. The parties hereto agree to amend the contract identified in Section 1 by adding Section 19 (F) as follows: The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. Section 4. The parties hereto agree that this amendment shall become effective on September 9, 2003. Section 5. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 A.. EXHIBIT Section 6. The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in effect and shall continue to govern except to the extent that they conflict with the terms of this amendment. Section 7. The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above. Section 8. By the signing of this amendment, the parties hereto expressly understand and agree that this amendment shall become a part of the contract identified above in Section 1 above as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE SEPTEMBER 9, 2003. Q ayor Approved and accepted on behalf of the Office of Rural Community Affairs. Robt. J. "Sam" Tessen, MS, Executive Director Office of Rural Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorized designee. Page 2 of 2