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.
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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.
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