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HomeMy WebLinkAboutC2012-013 - 1/4/2012 - NAFIRST AMENDMENT TO THE CDBG -R SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC. This first amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and the Neighborhood Centers of Corpus Christi, Inc. ("Subrecipient"). WHEREAS, the City and the Subrecipient executed an agreement ( "Agreement ") for the purpose of utilizing a portion of the City's Community Development Block Grant Recovery funding provided under Title XI I of the American Recovery and Reinvestment Act of 2009 [Public Law 111 -5; 123 Stat. 115 (Feb. 17, 2009)] ( "CDBG -R"); WHEREAS, the scope of work to be completed by the Subrecipient also entails the use of FY02 and FY05 Community Development Block Grant ( "CDBG") funding; WHEREAS, due to the cancellation of an unrelated, previously - funded CDBG -R project, the City desires to reallocate additional CDBG -R funding, to be utilized with the allocated CDBG funding, for completion of the Subrecipient's project; WHEREAS, the Agreement expired January 31, 2011; WHEREAS, the City and the Subrecipient mutually desire to reinstate and ratify the Agreement; continue the Agreement in full force and effect for all intents and purposes; and to revise the completion and termination dates of the Agreement by revision of the appropriate sections of the Agreement in this First Amendment; and WHEREAS, the parties desire to execute this First Amendment to effectuate the necessary changes. Section 1. The preamble and introductory paragraphs set out above are incorporated into and form part of this Sixth Amendment. Section 2. Article I of the Agreement, entitled "Scope of Service," section G, is deleted and replaced with the following language: "This Agreement between the parties commences on the date of final execution and ends on September 30, 2012." Section 3. Article II of the Agreement, entitled "Budget," is deleted and replaced with the following language and table: "11. BUDGET Uescriptian I Amount Grant — Marguerite Neighborhood Center 1 $203,435.49 ­­ fi inri nn will be combined with other available funding (previously 2012 -013 o Subrecipient under separate funding agreements to 01/04/12 Neighborhood Centers of C.C., Inc. INDEXED complete the construction of a new local child care facility. TOTAL CDBG -R BUDGET $203,435.49 Section 4. Article Ili of the Agreement, entitled "Payment," is deleted and replaced with the following language: "ill. PAYMENT "It is expressly agreed and understood that the total grant amount to be paid by the City under this Agreement shall not exceed $203,435.49 in funding. Draw downs by the Subrecipient for the payment of eligible expenses must be made against the line item budgets specified in Section II of this Agreement, as shown in Exhibit "A," and in accordance with all required performances and obligations under this Agreement." Section 5. By execution of this instrument, the parties mutually desire to reinstate and ratify the Agreement, and continue the Agreement in full force and effect for all intents and purposes as if the Agreement had not expired. Additionally, the parties desire to extend the completion and termination dates stated in the Agreement. Section 6. All terms and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) CDBG -R Neighborhood Ctrs Agmt 1st Amdmt 20110919 Page 2 of 3 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day Of 201 ATTEST; Armando Chapa City Secretary CITY OF CORPUS CHRIST! Ronald L. Olson City Manager APPROVED AS TO FORM: e/ '6 ' 2011 Elizab R. Hundley Assist City Attorney for the City Attorney NEI D CE S CHRISTI, INC. Printed Name: ' . hRkAY SosR Title: 6GTv& Date: 3 o ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This instrument was acknowledged befor eon � , 2011, by as c (title) of the Neighbo ood Centers of Corpus Christi, Inc., a Texas nonprofit corporate on behalf of th corporation. Y Laurisa Lynn Baklik Nota ublic, State of T s My Commission Expires q` •..._,.: 'r 04112/2015 CDBG -R Neighborhood Ctrs Agmt 1stAmdmt 20110919 Page 3 of 3