Loading...
1986-067-RES WHEREAS, Resolution No. 84-084 passed and adopted on the 10th day of December, 1984, authorized RESOLUTION NO. 86-067 WHEREAS, Resolution No. 84-084 passed and adopted on the 10th day of December, 1984, authorized the processing of an application for grant from the Texas Department of Community Affairs for assistance for the purpose of reha- bilitation of substandard units and compliance with the Texas Rental Rehabilitation Program; and, WHEREAS, the City Council of the City of Paris did thereafter in Resolution No. 85-058 authorize the entering into of Contract No, 00023904585 and Amendment No.1; and, WHEREAS, the Mayor of the City of Paris, George Fisher, Jr., did on the 1st day of March, 1986, execute Amendment No.2, a copy of which is attached hereto as Exhibit A, which action should be ratified; and, WHEREAS, said contract should be amended as reflected in Amendment No, 3 attached hereto as Exhibit B, which amendment provides for the contractor submitting audit report to the Texas Department of Community Affairs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Amendment No. 2 to Contract No. 00023904585 between the City of Paris and the Texas Department of Community Affairs, attached hereto as Exhibit A, be in all things ratified and confirmed; and, BE IT FURTHER RESOLVED, That the City Manag~r of the City of Paris, David H. Doty, be, and he 1S hereby authorized and directed to execute on behalf of the City of Paris Amendment No. 3 to said Contract No. 00023904585 between the City of Paris and the Texas Department of Community Affairs in the form attached hereto as Exhibit B. Passed and adopted this 14th day of July, 1986. 7 k~6~i<Yor ATTEST: ~~\.-~ ~~ Mattie Cunningham, Cit C er APPROVED AS T FORM: ~. T. . Haynes, ity Attorney ~' AME.NOME.NT NO. 02 TE.XAS COMMUNI1Y DEVELOPME.NT PROGRAM CONTRACl NO. 0002390~5B5 TE.XAS DE.PARTME.NT OF COMMUNITY AFFAIRS AND C lTY OF PAR IS STATE. OF TE.XAS ] COUNTY OF TRAVIS ] SectIon 1. The Texas Department of CommunIty AffaIrs, an agency of the State of Texas, hereInafter referred to as "Department", and the CIty of ParIs, hereInafter referred to as "Contractor", do hereby contract and agree to amend theIr orIgInal contract, as InItIally executed by the ExecutIve DIrector of Department effectIve AprIl 15, 19B5, through AprIl 14, 19B7, for the performance of rental rehabIlItatIon actIvItIes, SectIon 2. The partIes hereto agree to amend the contract IdentIfIed In SectIon 1 above by deletIng In Its entIrety SectIon 19, AudIt, and,replaclng It wIth the followIng: SectIon 19. AUDIT A, Unless otherwIse dIrected by Department, Contractor shall arrange for the performance of a fInancIal and complIance audIt of funds receIved under thIs contract, subject to the followIng condItIons and lImitatIons: 1, Contractor shall have an audIt made In accordance wIth the SIngle AudIt Act of 19B4, P,L. 9B-502 (hereInafter referred to as "AudIt Act"), and OMB's CIrcular No, A-12B, "AudIt RequIrements for State and Local Governments," 49 Fed. Reg, 50134 (Dec, 2&, 19B4), for any of Its fIscal years In whIch Contractor receIves more than $100,000 In Federal fInancIal assIstance. For pruposes of thIs SectIon 19, "Federal fInancIal assIstance" means assIstance provIded by a Federal agency In the form of grants, contracts, cooperatIve agreements, loans, loan guarantees, property, Interest subsIdIes, Insurance, or dIrect approprIatIons, but does not Include dIrect Federal cash assIstance to IndIvIduals. It Includes awards receIved dIrectly from Federal agencIes, or Indirectly through other units of State and local governments. 2. Unless otherwIse specIfically authorIzed by Department In wrItIng, Contractor shall submIt the report of such audIt to the U.S. Department of Housln9 and Urban Development (HUD) wIthin thIrty (30) days after the completIon of the audIt, but no later than one year after the end of the audIt period. AudIts performed under thIs SectIon 19 are subject to revlew and resolutIon by the U,S, Department of HousIng and Urban Development (HUD) or Its authorIzed representatIve. ResolutIon of PAGE 1 OF 2 EXHIBIT A n I _, '2:> I flndlngs shall be made wlthln sIx (6) months after receIpt of the audIt report by the U.S, Deportment of HousIng and Urban Development (HUD). B. Contractor shall take such actIon to facIlItate the performance of such audIt or audIts conducted pursuant to thIs SectIon 19 as Department or the U.S, Department of HousIng and Urban Development requIre of Contractor. Sectlon 3. The partles hereto agree to amend the contract ldentlfled ln Sectlon 1 above so that the Schedule for CommIttIng Rental Rehabllltatlon Funds, Exhlblt D, ls revlsed to read hereafter as gIven In the Sched4le for Commlttlng Rental Rehabllltatlon Funds, Exhlblt D attached to thIs amendment, hereInafter referred to as ExhIbIt D and hereby made a part of thls amendment. ExhIbIt D consIsts of one (1) page. Sectlon 4, The partIes hereto agree that thIs amendment shall become effectlve on March 1, 1986. Sectlon 5. The partIes hereto agree that all of the terms of the contract ldentlfled In Sectlon 1 above shall remaIn ln effect and shall contlnue to govern except to the extent that they conflIct wlth the terms of thIs amendment, SectIon 6, The partles hereto agree that nothIng ln thIs amendment shall be construed as authorlzlng any vlolatlon of federal, state or local laws or regulatlons as they pertaln to the contract IdentIfIed ln Sectlon 1 above. Sectlon 7. By the sIgnIng of thls amendment, the partles hereto expressly understand and agree that thIs amendment shall become a part of the contract ldentlfled above ln SectIon 1 as though It were set forth word for word thereln. WITNESS OUR HAND EFFECTIVE MARCH 1, 1986, ~~ 1~~~ Ge ge Flsher, Jr. Mayor City of Parl s Approved and accepted on behalf of of Communlty AffaIrs, ThIs contract amendment Is not effectIve unless slgned by the Executlve DIrector of the Texas Department of Communlty Affalrs, or hls authorlzed desIgnee, PAGE 2 OF 2 E.xhiblt 0 SCHE.DULE FOR COMMITTING RENTAL REHABILITATION FUNDS Contractor shall have rental rehabilitation funds received under this contract commItted to specIfIc local projects In accordance wIth the tImetable set out below. .Commlt to specIfIc local projects. means a legally bIndIng agreement between Contractor and an OWner under whIch the Contractor agrees to provIde rental rehabIlItatIon funds to the Owner for IdentIfIable rehabIlitatIon project that can reasonably be expected to start constructIon wIthin 90 days of the agreement and the Owner agrees to start constructIon wIthIn that perIod. Upon wrItten request by Contractor, Department may, at Its sole optIon and In Its sole dIscretIon, alter and amend the schedule for commIttIng rental rehabIlItatIon funds by wrItten letter of notIfIcatIon. ThIs notIfIcatIon procedure shall be an exceptIon to SectIon 1& of thIs contract requirIng all amendments to be In wrItIng and executed by both partIes thereto, 1st Quarter FFY 198& 2nd Quarter FFY 198& 3rd Quarter FFY 198& January-March AprIl-June July-September $3&,192 ,8& $72,385,72 $108,518.51 Page 1 of 1 g~-'3.2'- EXHIBIT A 'f<;-r-/~s i..J.{ ullll ;: ; AMENDMENT NO. 03 TEXAS RENTAL REHABILITATION PROGRAM CONTRACT NO. 00023904585 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF PARIS STATE OF TEXAS ] COUNTY OF TRAVIS ] Section 1. The Texas Department of Community Affairs~ an agency of the State of Texas, hereinafter referred to as "Department", and the City of paris, hereinafter referred to as "Contractor", do hereby contract and agree to amend their original contract, as initially executed by the Executive Director of Dep.artment effective April 15, 1985, through April 14, 1987, for the performance of rental rehabilitation activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above by deleting Section 19 (A) (2), Audit, in its entirety and replacing it with the following: SECTION 19. Audit A. 2. Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department within thirty (30) days after the completion of the audit, but no later than one year after the end of the audit period. Audits performed under this Section 19 are SUbject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. Section 3. The pa~ties hereto agree that this amendment shall become effective on May 31, 1986. Section 4. 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. PAGE 1 OF 2 EXHIBIT B Section 5. 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 6. 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 as though it were set forth word for word therein. WITNESS OUR HAND EFFECTIVE JULY 14, 1986. David H, Doty City Manager City of Paris Approved and accepted on behalf of the Texas Department of Community Affairs. Bob Williams, Acting Executive Director Texas Department of Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Texas Department of Community Affairs, or his authorized designee. . PAGE 2 OF 2