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HomeMy WebLinkAboutResolution - 2000-R0123 - Amendment To Contract - LHH - Additional Infrastructure Work, CDBG - 04_27_2000Resolution No. 2000-RO123 April 27, 2000 Item No. 31 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Amendment to a Contract, by and between the City of Lubbock and Lubbock Habitat for Humanity from the Community Development Block Grant for additional infrastructure work, and all related documents. Said Contract 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 this 27th day of April , 2000. WINDY SITTO O A ST: Kaytlli arnell City Seektary APPROVED AS TO CONTENT: — Ll:le� Nancy Hane Community Celopment Malger APPROVED AS 10 FORM: Amy Assistant City Attorney cp ccdocsJLubbockHabitatForHumanity-CDBG.res April 17, 2000 Resolution NO. 2000—R 0123 April 27, 2000 Item No. 31 COMMUNITY DEVELOPMENT FUNDING AGREEMENT AMENDMENT BETWEEN THE CITY OF LUBBOCK AND Lubbock Habitat for Humanity, Inc. STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AMENDMENT, entered this 27th day of April, 2000 by and between the City of Lubbock (herein called the "City") and Lubbock Habitat for Humanity, Inc.(herein called the "Grantee"). WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974; and WHEREAS, the City and Grantee entered into an agreement dated September 14, 1999; and WHEREAS, the City wishes to engage the Grantee to assist the Grantee in utilizing such funds; WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Program pursuant to the Housing and Development Act of 1975, as amended; and WHEREAS, the Grantee operates a non-profit center offering services to low- and moderate - income individuals and families; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the Grantee to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.201; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that this public purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the Lubbock Habitat 2000 Land Development Project and that the City will receive adequate consideration in the form of substantial public benefit; and 1999-2000 CDBG Funding Agreement Page 1 WHEREAS, the City desires to amend the contract with the Grantee to make available additional funds of $25,000 for the Lubbock Habitat 2000 Land Development Project. NOW, THEREFORE, it is agreed between the parties hereto that: The following amendments to the contract entered into on October 14' , 1999. 1. That Section I.(c) of the Agreement is hereby amended to read as follows: I. SCOPE OF SERVICE C. City Responsibilities 1. City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $ $75,000.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. That Section II. of the Agreement is hereby amended to read as follows: II. TIME OF PERFORMANCE Services of the Grantee shall start on the 1't day of October, 1999, and terminate on the 30th day of September, 2001. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Grantee remains in control of CDBG funds or other assets, including program income. 3. That Section III. of the Agreement is hereby amended as follows: The total amount of the budget shall be amended to $75,000.00. 4. That Section IV. of the Agreement is hereby amended to read as follows: IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $ 75,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in OMB Circular A- 110, Attachment F. 1999-2000 CDBG Funding Agreement Page 2 5. That Section VI. of the Agreement is hereby amended to read as follows: VI. SPECIAL CONDITIONS Return of Investment: The Grantee agrees to comply with the Return of Investment Policy. The Grantee will be required to pay back to the City 25% of the $25,000 awarded, or an amount totaling $6,250. The Grantee has two payment options available. First, the Grantee may make a lump sum payment in the amount of $6,250 due within 30 days of the completion of the project. The second option allows for up to a ten-year period to pay back this amount. No interest will be assessed on this loan. 6. Except for the modifications made in this Amendment to the Agreement, all provisions of the Agreement shall continue in full force. 7. These modifications will become effective upon the date this Amendment is signed. All other conditions and requirements from the original contract remain in full force and effect. IN WITNESS WHET t e Parties have executed this contract as of the date first written above. C BOC L rJCK T FOR ANITY, WINDY SITTON JO MALLOR MAYOR A THORIZED REPRESENTATIVE FED. I.D.# '15— 240 A EST: Kaythi arnell, City Secretary APPROVED AS TO CONTENT: AS TO r Amy S' ,Assistant City Att rney 1999-2000 CDBG Funding Agreement Page 3