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HomeMy WebLinkAboutResolution - 2021-R0307 - Amendment No. 1 Community Development Funding Contract with LHFC 8.24.21Resolution No. 2021-R0307 Item No. 7.22 August 24, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 1 to the Community Development Block Grant (CDBG), Coronavirus Aid and Relief and Economic Security Act Cares (CV) Funding Agreement 15711, and all related documents, between the City of Lubbock the Lubbock Housing Finance Corporation. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: e--Q ---- --- Rebe Garza, City Sec to August 24, 2021 DANIEL M. POPE, MAYOR APPROVED AS TO CONTENT: Karen Murfee, Community DeNVIopment Director APPROVED AS TO FORM: *Ili Leisure, Assistant City Attorney ccdocs/RES. Amend. No. I CBDG Contract 15711 - CDBG-CV 08.09.21 Resolution No. 2021-R0307 AMENDMENT I COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT CARES (CV) FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND LUBBOCK HOUSING FINANCE CORPORATION CDBG-CV MORTGAGE ASSISTANCE This Community Development Block Grant Coronavirus Relief and Economic Security Act CARES (CDBG-CV) Funding Agreement (the "Agreement"), Contract No. 15711, is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and the LUBBOCK HOUSING FINANCE CORPORATION, (the "Grantee"), (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is hereby entered into by the Parties on this 24th day of August , 2021 (the "Effective Date"). RECITALS WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) Program, Public Law 116-136. Funds are to be used to prevent, prepare for and respond to coronavirus pandemic (COVID-19). Coronavirus means SARS-CoV-2 or another coronavirus with pandemic potential, as defined by section 23005 of the CARES Act; and WHEREAS, the Grantee operates a non-profit center offering services to individuals and families throughout Lubbock, Texas; and WHEREAS, the Grantee proposes to use the funds in order to provide individuals and families mortgage assistance (the "Program"); and WHEREAS, the Grantee's services benefit residents in Lubbock, Texas and constitute a valuable public service, and the City Council of the City (the "City Council") has declared the services provided by the City to be a public purpose; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this Agreement; and WHEREAS, the continuing supervision by the City with statutory and contractual requirements provide sufficient assurance that the public purpose of this Agreement will be accomplished; and WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge, and experience necessary for the operation of the Program; and, that the City will receive adequate consideration in the form of substantial public benefit; and NOW, THEREFORE: THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: 2020 CDBG-CV Amendment 1— City of Lubbock & Lubbock Housing Finance Corp. Page 1 AMENDMENT Article 1. The language in Article II `Term of the Agreement' of the Agreement shall be replaced with the following: "This Agreement shall take effect on October 1, 2020, and shall terminate on March 31, 2022, unless otherwise cancelled or modified according to the Terms of this Agreement." Article 2. The language in Article IV `Disbursement of Funds' of the Agreement shall be replaced with the following: "The City agrees to reimburse Grantee when, if and to the extent Federal funds are received under provisions of the Act a sum up to and not to exceed six hundred thousand dollars ($600, 000) for the Grantee's performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit A.) " Article 3. The language in Article IV.A `The Payment' shall be replaced with the following: "Payment is subject to the receipt and approval of such invoices and monthly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last month of the term of this Agreement and the City's approval thereof, which invoice and report shall be due on or before April 10, 2022 following the expiration of the term of this Agreement. " Article 4. The language in Exhibit A `Budget' of the Agreement shall be replaced with the following: "'The budget for this program is $600, 000" Article 5. The language in Exhibit A `Term' of the Agreement shall be replaced with the following: "The term of the Agreement is from October 1, 2020 to March 31, 2022 for eligible expenses incurred. " This Amendment shall become effective upon execution by the Parties. The remainder of the Agreement shall remain in full force and effect accept as changed herein. 2020 CDBG-CA' Amendment 1— City of Lubbock & Lubbock Housing Finance Corp. page 2 SIGNATURES FOR: THE CITY OF LUBBOCK: DANIEL M. POPE, MAYOR ATTEST: k&t-� I A — Re'o Garza, City Sec t APPROVED AS TO CONTENT: e"Z—V-11-- n� Karen Murfee, Community Deve pment Director APPROVED AS TO FORM: Y&A"e�� -- Kelli Leisure, Assistant City Attorney FOR: LUBBOCK HOUSING FINANCE CORPORATION ari Flynn, Executive Directeffr FED.I.D. #75-1889217 2020 CDBG-CV Amendment I - City of Lubbock & Lubbock Housing Finance Corp. Page 3