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Home My WebLink AboutContract 49014-A1 CONTRACT NO.- l I C� "I r l � 222 N� FOR,w10 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49014 WHEREAS, on June 15, 2017, the City of Fort Worth ("City") and the Board of Trustees of the Fort Worth Independent School District ("FWISD"), a political subdivision of the State of Texas and a legally constituted Independent School District, made and entered into City Secretary Contract No. 49014 (the "Contract") as authorized by M&C C-23793, adopted by the City Council on September 22, 2009, and M&C C-26707, adopted by the City Council on March 18, 2014; WHEREAS, the funding provided to FWISD in the Contract was from a grant received by City from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG") Program, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, the purpose of the Contract was to provide $400,000.00 in CDBG funds in the form of a loan for the rehabilitation of Old Fire Station No. 10 for continued use as an educational center to be known as Firehouse 10 Educational Center; WHEREAS, the FWISD has requested an amendment to the construction phase completion dates in Exhibit "C" Construction and Reimbursement Schedule due to the need for an updated survey and title commitment before purchase of the Property could be completed by FWISD; WHEREAS, soft costs including architectural and engineering fees will be eligible for reimbursement in addition to hard construction costs in order to draw down funds from IDIS in order to comply with HUD's spending requirements for grant funds; WHERAS, the 85`h Texas Legislature passed House Bill 89, which prohibits governmental entities from entering into contracts with entities that boycott Israel; and WHEREAS, it is the mutual desire of City and FWISD to amend the Contract to meet Contract objectives. NOW, THEREFORE, City and FWISD hereby agree as follows: 1. Exhibit "C" — Construction and Reimbursement Schedule attached to the Contract is hereby replaced with the attached Exhibit "C" — Construction and Reimbursement Schedule Revised 09/2017. OFFICIAL RECORD CDBG CONSTRUCTION CONTRACT CSC NO. 49014—Al CITE'SECRETARY Zev 09.11.2017 Fort Worth Independent School District Firehouse 10 Educational Centei FT. woRTFI, TX Page 1 H. The following provision will be added as Section 23 to the Contract "23. BOYCOTTING ISRAEL PROHIBITED. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Contract, Developer certifies that Developer's signature provides written verification to City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Contract. III. This Amendment is effective as of the Effective Date of the Contract except for Section 23 which shall be effective as of September 1, 2017. IV. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. [SIGNATURES APPEAR ON NEXT PAGE] CDBG CONSTRUCTION CONTRACT CSC NO. 49014 Al Rev 09.11.2017 Fort Worth Independent School District Firehouse 10 Educational Center Page 2 ACCEPTED AND AGREED: ATTEST: F0Rr Y OF FORT WORTH ity, Secr t y ` ernando Costa, Assistant City Manager M&C: C 23793 Dated 9 2AEU9 M&C: C 26707 Dated 3/ 14......•..... Dat lo[/7t17 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfo e and reporting requirements. Avis Chaisson, Acting Assistant Director Neighborhood Services Department APP VED AS O F AND LEGALITY: Vicki S. Ganske, Senior Assistant City Attorney ATTEST: FORT WORTH INDEPENDENT SCHOOL DISTRICT By: By: Anael Luebanos Dr. Kent Scribner Secretary, FWISD Board of Education Superintendent Date: Attorney for Fort Worth Independent School District By: - OFFICIAL RECORD CDBG CONSTRUCTION CONTRACT CSC NO. 49014 Al CITY SECRETARY Rev 09.11.2017 Fort Worth Independent School District Firehouse 10 Educational Cent r FT o WORTH,TX Page 3 ACCEPTED AND AGREED: ATTEST: CITY OF FORT WORTH By: City Secretary Fernando Costa, Assistant City Manager M&C: C 23793 Dated 9/22/09 M&C: C 26707 Dated 3/18/14 Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Avis Chaisson, Acting Assistant Director Neighborhood Services Department APPROVED AS TO FORM AND LEGALITY: Vicki S. Ganske, Senior Assistant City Attorney ATTEST: FORT WO H EPENDENT SCHOOL DISTRICT ^,--,- By: By: __ Anael Luebanos Dr. Kent if i;c. Secretary,FWISD Board of Education Superintenuunt lk- Date: Attorney for Fort Worth Independent School District !�QfItD d0/30By: �� l!7 OFFICIAL RECORD CDBG CONSTRUCTION CONTRACT CSC NO. 49014 Al CITY SECRETARY Rev 09.11.2017 Fort Worth Independent School District Firehouse 10 Educational Cente FT®WORTH,TX Page 3 EXHIBIT "C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE REVISED 09/2017 FORT WORTH INDEPENDENT SCHOOL DISTRICT Activity CDBG Funds PHASE I Contract signed $0 ACTIVITIES: Purchase of Equipment ■ Purchase Elevator ■ Purchase Playground Equipment ■ Reimburse Soft Costs Contractor/subcontractor/vendor searches under the PHASE I COMPLETE Federal System for Award Management $300000.00 by:February 28,2018 (www.sam.gov)must be submitted prior to any ' reimbursement under this Phase. Hard Construction Costs ■ Install Elevator PHASE II Restrooms ACTIVITIES: Other Interior Improvements ■ Install Playground Equipment ■ Exterior Landscaping PHASE II Contractor/subcontractor/vendor searches under the COMPLETED by: Federal System for Award Management October 31,2018 (www.sam.gov)must be submitted prior to any $60,000.00* reimbursement under this Phase. FINAL ■ Punch List/Final Inspections by PAYMENT Neighborhood Services Department $40,000.00** PHASEInspectors ■ Construction Completed FINAL PAYMENT PHASE Final Payment $40,000.00** COMPLETED By:November 30,2018 TOTAL CDBG FUNDS $400,000.00** *FWISD will only be reimbursed for eligible expenses. The amounts are estimates and are subject to change. **FWISD must submit Complete Documentation with Reimbursement Requests to City within 60 days from each of the abovementioned deadlines in order to be reimbursed. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. CDBG CONSTRUCTION CONTRACT CSC NO. 49014 Al Rev 09.11.2017 Fort Worth Independent School District Firehouse 10 Educational Center Page 4