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HomeMy WebLinkAboutContract 51634-L1 FORTWORTH. CITY SECRETARYCONTRACT NO. 2 April 13,2020 Trail Drive Management Corp. Attn: Matt Homan,President 1911 Montgomery Street Fort Worth,TX 76107 Facsimile: (817)402-9001 Re: Qualified Management Agreement between City of Fort Worth and Trail Drive Management Corporation(City Secretary Contract No. 51634) Joint Emergency Operation Center use of Parking Spaces at Will Rogers Memorial Center Dear Mr. Homan: Due to the COVID-19 pandemic, the City has declared a public health emergency and has determined that extraordinary and immediate measures must be taken in order to ensure the health and safety of the citizens of the City of Fort Worth. In order to minimize the spread of COVID-19, the City requires additional temporary housing for individuals who may be impacted by the outbreak. This letter("Letter Agreement")will confirm our agreement to allow the City to use up to seventy- eight (78) Recreational Vehicle ("RV") spaces at the Will Rogers Memorial Center ("WRMC") in accordance with the Qualified Management Agreement between City of Fort Worth and Trail Drive Management Corporation (City Secretary Contract No. 51634) (the "Agreement"). This letter will also confirm our agreement of the following terms which shall be in effect only during the City's Declaration of Public Health Emergency related to the COVID-19 pandemic: (1) the City shall be allowed to use up to seventy-eight (78) RV spaces in the "Green Parking Facilities" at the WRMC for the purposes of placing trailers necessary to house first responders , healthcare workers, and others impacted by the COVID-19 pandemic at no cost to the City; (2) the City shall reimburse Trail Drive Management Corp. for water and utility costs required for the trailers; (3) because the trailers are not motor vehicles,the use of parking spaces for the trailers shall not be subject to the venue parking tax and no parking tax shall be required or collected;and (4) the City shall pay any additional security costs that the City, in its sole discretion, determines to be necessary; and (5) the FEMA Mandated Contract Clauses,attached hereto as Exhibit"A"and incorporated herein for all purposes, shall be applicable to the use of parking spaces under this Letter Agreement. OFFICIAL RE 1' �:,,: CITY SECRETAR`f FT.WORTND 7W This Letter Agreement is supplemental to the Agreement and all provisions of the Agreement remain in full force and effect. In the event of any conflict between the terms of the Agreement and the terms of this Letter Agreement,the terms of this Letter Agreement shall control. If this Letter Agreement is acceptable, please indicate your acceptance and acknowledgment by signing below and returning an original executed copy to this office. CITY OF FORT WORTH: TRAIL DRIVE MANAGEMENT CORP.: Jesus J. C h a pa D' itall signed b Jesus J.Che a member:005E555D-C188-4DCC- Dipiteuy at9ed try member 005E555D- g y g y P A2F1-05B52FF72A20 BODE87B3- C1BeaDCC-A2F1-05e52FF72A20 Date:2020.04.17 13:21:10-05'00' 9ODE97B3-C312J42F-870B-1ECUS38DA00 By:C312-442F-B7BB-1EC8853BDA00 Date:2020.04.1411:00:37.05,W Jesus J.Chapa,Deputy City Manager Matt Homan,President RECOMMENDED: William Johnson Digitally signed by William Johnson Date:2020.04.17 09:47:34.05'00' William Johnson,Director Transportation and Public Works Michael E Crum Digitally signed by Michael ECrum Date:2020.04.16 15:36:54-05'00' Michael Crum,Director Public Facilities/Events 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. Kevin O Kemp Da;e:20signed 15 0Kevin 9 0500' Name of Employee:Kevin Kemp Title:Assistant Public Facilities/Events Director APPROVED AS TO FORM AND LEGALITY: Digitally signed by Matt Murray Matt Murray Date:2020.04.17 09:5058 O51DO' Matt Murray Assistant City Attorney No M&C required.Ordinance No.24161-04-2020 P ary ayser ' v City Secretary 0FFOCUA t CITY Ack. FT. WORTM, flus Letter Agreement is supplemental to the Agreement and all provisions of the Agreement remain in full force and clYeet. In the event of any conflict tk*twccn the terms of the Agreement and the terms of this Letter AgrcLtncnL the terms of this Later Agreement shall control. If this Lclicr Agreement is acceptable, please indicate your acceptance and acknowledgment by signing below and returning an original executed copy to this office. CITY OF FORT WOR'll1: TRAIL DRIVI:MANAGINFINT CORP.: By: Jesus J.Chapa,Deputy City Manager Matt I loman,President RI'VOMMENDI'l): Richard lavala,Interim Department Director Public EvcnLs Npartmcnt William Johnson,Director 'I,ransportation and Public Works CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person responsible For the monitoring and administration of this contract,including Ensuring all perfornianec and reporting mquiremcrits. Name of Employee:Peter Elliott Tide:Parking Manager APPROVED AS TO FORM AND ITGAIJIN: Matt Murray Assistant City Attorney No M&C required.Ordinance No.24161-04-2020 Mary Kayser City Secretary EXHIBIT A FEMA MANDATED CONTRACT CLAUSES For purposes of the following clauses, the City of Fort Worth is referred to as "City" and "Contractor" shall refer to the other party to this Agreement. If applicable to the work or services being performed by Contractor under the Agreement, the following provisions are adopted and form a part of the Agreement. A. DAMAGES,2 CFR §200.326 Appendix II to Part 200 (A) (1) All work to be performed under this Agreement shall be timely commenced. A breach of this Agreement by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor's breach of its performance obligations, City shall have all rights and remedies against Contractor as provided by law. B. TERMINATION RIGHTS,2 CFR§200.326 Appendix II to Part 200 (B) In addition to any termination rights included in the Agreement, City shall have the following termination rights: Termination for Convenience: Whenever the interests of the City so require, City may terminate the parties' Agreement, in whole or in part, for the convenience of the City. City shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties' agreement are terminated, Contractor has the right to withdraw from the parties' Agreement, without adverse action or claims. In the event of a termination for convenience by City, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The City may, by written notice of default to Contractor, terminate the parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a Notice of Deficiency provided by City. C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR§200.326 Appendix II to Part 200 (C)) If applicable to the work and services performed by Contractor under the Agreement, during the performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)): (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding,a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules,regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction'by the administering agency the contractor may request the United States to enter into such litigation to protect the interest of the United States. D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR §200.326 Appendix II to Part 200 (D)) If applicable to the work and services performed by Contractor under the parties' Agreement: (1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public works. See FEMA Public Assistance Program and Policy Guide, Ch.2 (V)(G)(2),page 32 and Ch. (FP 104-009-2/January 2016); (2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the contractor and subcontractor must be prohibited from inducing,by any means, any person employed in the construction,completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to the appropriate Federal agency. (a) Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Contractor or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the c compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the Agreement clause above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326 Appendix II to Part 200 (E)) (40 U.S.C.3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (1) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this section. (2) Withholding for unpaid wages and liquidated damages.The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. (3) The Contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT,2 CFR§200.326 Appendix II to Part 200 (F) If applicable to the work and services performed by Contractor under the parties' Agreement and if the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business." G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR§200.326 Appendix II to Part 200 (G)) Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Contractor shall include the foregoing requirements in each subcontract exceeding$100,000. H. DEBARMENT AND SUSPENSION (2 CFR§200.326 Appendix 11 to Part 200 (1)) (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 1. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix 11 to Part 200 W) Contractor must file with the City the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non- Federal award. If not provided with a bid response, Contractor must complete and submit the Certification Regarding Lobbying Form. J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix 11 to Part 200 (K) and 2 CFR §200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired. (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at httl2://www.eppa.aov/cp"/products/htm. K. ACCESS TO RECORDS (1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Contractor agrees to provide the FEMA Administrator or his authorized representative's access to construction or other work sites pertaining to the work being completed under the contract. L. SEAL,LOGO AND FLAGS Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials without specific FEMA preapproval. M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH LAWS The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to City, Contractor, or any other party pertaining to any matter resulting from the contract. City may seek reimbursement for expenses under this Agreement from FEMA and Contractor acknowledges that it must comply with all federal laws, regulations, executive orders, FEMA policies,procedures, and directives. N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.