R2021-CUP21-00027 2021-10-11Fourth Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act (“CDBG CARES” or “CDBG-CV”)
Texas Emergency Rental Assistance Program (“TERAP”) and
Texas Eviction Diversion Program (“TEDP”)
FOURTH AMENDMENT TO CDBG-CV TERAP AND TEDP CONTRACT NO. 70200001033
CFDA: 14.228 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Awarding Federal Agency: U.S. Department of Housing and Urban Development (“HUD”)
Federal Award Number(s): B-20-DW-48-0001
Federal Award Year: 2020
Pass Through Entity: Texas Department of Housing and Community Affairs
HUD Entity Type: Subrecipient
Unique Entity Identifier Number: 020796397
This FOURTH AMENDMENT TO CDBG-CV TERAP and TEDP CONTRACT NO. 70200001033 (“Fourth
Amendment”) between City of Pearland, a political subdivision of the State of Texas (“Subrecipient”),
and the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the
State of Texas, (“Department”), is executed to be effective on January 15, 2021.
RECITAL
WHEREAS, on January 28, 2021 and January 29, 2021, Subrecipient and Department, respectively,
executed that certain CDBG-CV TERAP and TEDP Contract No. 70200001033 by and between the
Department and Subrecipient dated to be effective on January 15, 2021 (“Contract”); and
WHEREAS, on May 11, 2021, Subrecipient and Department, respectively, executed that certain
First Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033 (“First Amendment”) to be
effective on January 15, 2021; and
WHEREAS, on June 2, 2021, Subrecipient and Department, respectively, executed that certain
Second Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033 (“Second Amendment”) to
be effective on January 15, 2021; and
WHEREAS, on August 2, 2021, Subrecipient and Department, respectively, executed that certain
Second Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033 (“Third Amendment”) to
be effective on January 15, 2021; and
WHEREAS, in accordance with Section 11 of the Contract, the Department has authority to amend
the Contract accordingly; and
WHEREAS, Subrecipient and Department desire to amend the Contract in the manner provided
herein below.
AGREEMENTS
DocuSign Envelope ID: BAD69ABC-BBBB-4F5F-9235-3FBB0DB17EE5
Fourth Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033
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NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Subsection D, Deobligation of Funds, of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of
the Contract, is hereby amended to read as follows:
“D. Deobligation of Funds. Failure to meet an expenditure benchmark as reported
in the Monthly Expenditure and Performance Report as identified in Exhibit A, Contract
Benchmarks, may result in the Department (in its sole discretion) deobligating the
unreported amount of expended funds for the benchmark and deobligating an
equivalent proportion of administrative funds. Funds obligated to specific landlords or
utility providers by November 30, 2021, but not paid to those landlords or utility
providers may be reobligated by the Subrecipient in accordance with the terms of this
Contract.”
2. The Contract Benchmarks attached as Exhibit “A” to the Contract is replaced in its entirety and
attached hereto as Attachment #1, consisting of 1 page, and incorporated herein for all relevant
purposes.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in
the Contract.
4. All of the remaining terms and provisions of the Contract shall be and remain in full force and
effect. If the terms of this Fourth Amendment and the terms of the Contract as amended by the
Third Amendment are in conflict, then this Fourth Amendment shall control unless it would make
the Contract void by law.
5. This Fourth Amendment shall be binding upon the parties hereto and their respective successors
and assigns.
6. This Fourth Amendment may be executed in several counterparts, each of which shall be deemed
to be an original copy, and all of which together shall constitute one agreement binding on all
parties hereto, notwithstanding that all the parties shall not have signed the same counterpart.
7. If a party returns this copy by facsimile machine, the signing party intends the copy of its authorized
signature printed by the receiving machine to be its original signature.
8. By signing this Fourth Amendment, the parties hereto expressly understand and agree that the
terms shall become part of the Contract as if they were set forth word for word therein.
DocuSign Envelope ID: BAD69ABC-BBBB-4F5F-9235-3FBB0DB17EE5
Fourth Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033
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AGREED TO AND EXECUTED BY:
SUBRECIPIENT:
City of Pearland,
a political subdivision of the State of Texas
By:
Name: Ron Fraser
Title: Assistant City Manager
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Name: Rudy Bentancourt_________________________
Title: Its duly authorized officer or representative
Date:
DocuSign Envelope ID: BAD69ABC-BBBB-4F5F-9235-3FBB0DB17EE5
9/9/2021 | 1:53:04 PM CDT
9/9/2021 | 2:34:04 PM CDT
Fourth Amendment to CDBG-CV TERAP and TEDP Contract No. 70200001033
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FOURTH AMENDMENT TO CDBG-CV TERAP AND TEDP CONTRACT NO. 70200001033
ATTACHMENT #1
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act (“CDBG CARES” or “CDBG-CV”)
Texas Emergency Rental Assistance Program (“TERAP”) and
Texas Eviction Diversion Program (“TEDP”)
CONTRACT NO. 70200001033
EXHIBIT A
CONTRACT BENCHMARKS
City of Pearland,
a political subdivision of the of State of Texas
CONTRACT BENCHMARKS1 AS REFLECTED THROUGH THE MONTHLY EXPENDITURE AND PEFORMANCE
REPORT:
1. All subawardee information provided to the Department by February 15, 2021.
2. Contract 20% expended, as provided in the Budget, by fourth month reporting.
3. Contract 40% expended, as provided in the Budget, by sixth month reporting.
4. Contract funds 100% obligated by November 30, 2021.
5. Contract 70% expended, as provided in the Budget, by ninth month reporting.
6. Contract 100% expended, as provided in the Budget, by thirteen month reporting.
1 The Department may recapture the unexpended funding up to the expenditure benchmark funding, as further
detailed in Section 4 D. of this Contract. The Department may recapture all or a portion of funding not obligated
by the Contract benchmark.
DocuSign Envelope ID: BAD69ABC-BBBB-4F5F-9235-3FBB0DB17EE5