HomeMy WebLinkAboutContract 31830 CITY SECRETARY
CONTRACT NO.
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SECOND AMENDMENT TO
CITY SECRETARY CONTRACT NO. 28003
WHEREAS, on September 23, 2002, the City of Fort Worth ("City") and the Worth
Heights Neighborhood Association, Inc. ("Contractor") made and entered into City Secretary
Contract No. 28003, (the"contract") as authorized by M&C G-13404 adopted by the City
Council on October 16, 2001;
WHEREAS, on October 14, 2004, City and Contractor amended City Secretary Contract
No. 28003 through City Secretary Contract Amendment No. 30716 to extend the effective date of
the contract for six months to provide additional time to Contractor to complete its Model Block
objectives;
WHEREAS, the contract amendment expires by its terms on April 30, 2005;
WHEREAS, the contract amendment allows for a six (6) month extension;
WHEREAS, it the mutual desire of the City of Fort Worth and the Worth Heights
Neighborhood Association to extend the contract.
NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX
76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and
Contractor,whose address is 3724 Jones St., Fort Worth TX 76110, acting by and through
Raymond Rodriguez, its duly authorized Director, do hereby agree as follows:
I.
I. GENERAL PROVISIONS
2. Duration
This section is amended to be and read as follows:
"This contract is extended for six (6) months beginning on the date of execution of this
contract amendment."
II.
15. Indemnity and Bonding
The first paragraph of this section is amended to be and read as follows:
CONTRACT AMENDMENT CSC NO.28003 Page 1
Worth Heights Neighborhood Assn.
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CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE
PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE
OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OR IN CONNECTION
WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR
PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES
INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NECLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF THE
INJURY, DAMAGE OR DEATH.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
CONTRACT AMENDMENT CSC NO.28003 Page 2
Worth Heights Neighborhood Assn.
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PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR
OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
III.
The contract is amended to be and read as follows by adding Section 20.
20. Miscellaneous Provisions
All terms of this contract shall apply to any and all subcontractors of Contractor who are
in any way paid with HOME funds or who perform any work in connection with the Program.
All notices required or permitted by this contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following (i) deposit in
a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail
return receipt requested; and (iii) addressed to the other party at the address set out in the
preamble of this contract or at such other address as the receiving party designates by proper
notice to the sending party.
If applicable, Contractor must meet conditions and limitations for use of HOME funds
involving a primarily religious entity as set forth in the HOME Regulations.
Contractor shall notify City in writing of any changes in its 501 (c) (3) tax exempt status
during the term of this contract as well as any other change that alters Contractor's certification
as a CHDO under the HOME Regulations. Contractor agrees to document its continued
compliance, including but not limited to an annual board roster and certification of continued
compliance.
Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this contract
and to perform the responsibilities herein required.
JV.
Exhibits A, B, and C attached to the contract are hereby replaced with the Exhibits A, B,
and C attached hereto.
CONTRACT AMENDMENT CSC NO.28003 Page 3
Worth Heights Neighborhood Assn.
All other terms and conditions of City Secretary Contract No. 28003 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
CONTRACT AMENDMENT CSC NO.28003 Page 4
Worth Heights Neighborhood Assn.
IN WITNESS WHEREOF, the p psereto have xecu ed four copies of this contract
amendment in Fort Worth, Texas,thiday of 12005.
ATTEST: CITY OF FORT WORTH
.
By:
City Secreta Dale A. Fisseler
Assistant City Manager
APZ,(_ED.AS TO FO AND LEGALITY:
_ a S
Assistant City Attorney
Pr 1 N04 WORTH HEIGHTS NEIGHBORHOOD
Contract Authorization ASSOCIATION, INC.
Date By. :
Ra and Ro guez, Di for
L
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 9 2005
by Dale A. Fisseler, Assistant City Manager, of the City of Fort Worth, on behalf of the City of
Fort Worth, Texas.
?iAY KATHY F.DURHAM
: MY COMMISSION EXPIRES NOTARY P LIC, STATE OF TEXAS
JIMMY 24,zoos
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2 9200.5
by Raymond Rodriguez, Director of the Worth Heights Neighborhood Association, Inc, Model
Blocks Committee on behalf of said corporation.
•`,SPY iUw••i
KATHY CAMP '
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5• •= _ golarr Public.Stale of lesas
•: my commission Expires 0530.09; NOTARY PUBLIC, STATE TEXAS
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SECOND CONTRACT AMENDMENT CSC NO.28003 k
Worth Heights Neighborhood Assn.,Inc. a �,
EXHIBIT "A"
PROGRAM SUMMARY
WORTH HEIGHTS NEIGHBORHOOD REVITALIZATION STRATEGY
DESCRIPTION:
The Worth Heights Neighborhood Association, Inc. (Contractor) will provide staff, facilities, and
development services to implement the neighborhood revitalization strategy in the areas of housing,
economic development, and public service.
The period of performance is 6 months from the date of contract execution.
PROGRAM OBJECTIVES:
To effect community development of the Worth Heights Model Block as outlined in the neighborhood
revitalization strategy for the area, Contractor will undertake the following activities:
Current
Programs Projected Accomplishments Funding
Balance
Operations Support • Set up an office $13,825.00
• Establish personnel policies and procedures
• Set up reporting and accounting systems
• Administer Model Blocks Housing programs
Housing Development • Acquisition of sites; construct or rehab 2 single-family homes $108,158.38
for sale to qualified First-time homebuyers
TOTAL PROGRAM BUDGET $121,983.38
Contract Amendment CSC NO. 28003
Worth Heights Neighborhood Assn. (HOME) 3�1�
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EXHIBIT "C"
AMENDED OPERATING BUDGET
Total Budget CDBG HOME Other Sources
Funds Funds
[A] [B] [C] [D] [E]
Fundraising/ Development
In-Kind Fees
PERSONELL SERVICES
Salaries 10,057.00 7,057.00 $3,000.00
FICA 540.00 540.00
Health Insurance
Life Insurance
Unemployment-Federal
Unemployment-State
Worker's Compensation
Retirement
Misc.Fringe Benefits
SUPPLIES
Office Supplies 208.00 208.00
Postage
Other Operating Supplies 4,000.00 4,000.00
Teaching Aids
CONTRACTUAL SERVICES
Telephone 240.00 240.00
Electric 820.00 820.00
Gas(Utility) 760.00 760.00
Water/Waste
Rent(Building) 6,000.00 6,000.00
Custodial Services
Copier
Office Equipment Rental 3,000.00 3,000.00
Printing
Repairs
Fidelity Bond
Liability Insurance
Consultant Fee
Legal&Accounting 3,000.00 3,000.00
Annual Audit
Other Professional Services
Private Auto Allowance-local
Private Auto Allowance-Other
_ Contractual Services
Gasoline,Oil&Lube
Conference&Seminars 1,200.00 1,200.00
Indirect Cost
CAPITAL OUTLAY
Land
Furniture&Fixtures 7,000.00 7,000.00
Office Equipment
TOTAL 1 $36,825.001 1 $13,825.00 $20,000.00 $3,000.00
OFFICIAL �B(�(��Q ON,
Contract Amendment CSC NO. 28003 Cirf tl��REdgAKa
Worth Heights Neighborhood Assn. (HOME) (�Q. wART , 1�1
City of Fort Worth, Texas
"Agar And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 **G-13404 05WORTH 1 of 2
SUBJECT REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
FUNDS FOR THE WORTH HEIGHTS MODEL BLOCKS
RECOMMENDATION:
It is recommended that the City Council:
1. Reallocate $729,111 in FY2001 Home Investment Partnerships Program (HOME) funds, and
$470,889 in Year XXVII Community Development Block Grant (CDBG) funds for a total of
$1,200,000 to the Worth Heights Model Blocks (WHMB) Program as follows:
a) Reallocate $603,000 in FY2001 HOME funds to the Worth Heights Neighborhood Association
(WHNA) Home Improvement Program; and
b) Reallocate $112,286 in FY2001 HOME funds to the WHNA Housing Development Program; and
c) Reallocate $13,825 in FY2001 HOME funds to the WHNA Program Operating Support; and
d) Reallocate $61,175 in Year XXVII CDBG funds to the WHNA Program Operating Support; and
e) Reallocate $332,714 in Year XXVII CDBG funds to the WHNA Sidewalk Installation and Repair
Program; and
f) Reallocate $2,000 in Year XXVII CDBG funds to the WHNA Street Sign Topper Program; and
g) Reallocate $50,000 in Year XXVII CDBG funds to the WHNA Small Business Revolving Loan
Fund Program; and
h) Reallocate $20,000 in Year XXVII CDBG funds to the WHNA Neighborhood Landscaping
Program; and
i) Reallocate $5,000 in Year XXVII CDBG funds to the WHNA Library English Second Language
Program.
2. Authorize the City Manager to execute a contract in the amount of $257,286 with the WHNA upon
attainment of their 501(c)(3) status to administer Program Operating Support ($75,000), the
Neighborhood Landscaping Program ($20,000), the Housing Development Program ($112,286) and
the Small Business Revolving Loan Fund Program ($50,000); and
3. Authorize amendment of the contract, if necessary, to achieve project goals provided that the
amendment is compatible with the neighborhood revitalization strategy and in compliance with
applicable laws and regulations; and
4. Authorize extension of the contract with the WHNA for one year if they request an extension; and
5. Authorize amendment of the City's CDBG Year XXVII Consolidated Plan to reflect the above
funding allocations.
City of Fort Worth, Texas
"agor And Council commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 **G-13404 1 05WORTH 2 of 2
SUBJECT REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
FUNDS FOR THE WORTH HEIGHTS MODEL BLOCKS
DISCUSSION:
On May 23, 2000, the Worth Heights Neighborhood Association received the City's twelfth Model
Blocks award of $1.2 million. The Worth Heights Model Blocks area is bound on the north by Pafford
Street (between May Street and Grove Street) and Biddison Street (between Grove Street and the
South Freeway), on the east by the South Freeway (between Biddison Street and Bolt Street), on the
south by Bolt Street (between May Street and the South Freeway), and on the west by May Street
(between Bolt Street and Pafford Street) and Grove Street (between Pafford Street and Biddison Street).
The WHNA, which will administer a portion of the funds upon attainment of their 501(c)(3) status, is
recognized as a corporation by the State of Texas and is currently in the process of applying for
501(c)(3) status with the Internal Revenue Service. The goal of the WHNA is to enhance the quality of
life for all Worth Heights residents.
On September 11, 2001, the above proposal was endorsed by the Safety and Community Development
Committee for City Council approval.
The Worth Heights Model Blocks area is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
JP:n
Submitted for City Managcr`s FUND ACCOUNT CENTER AbfOUNT CITY SECRETARY
Office by: (to)
1 a)GR76 539120 005206698090 $603,000.00
Joe Paniagua 6140 1b)GR76 _539120 005206698100 $112,286.00
Originating Department Head: 1c)GR76 539120 005206698110 $ 13,825.00
1d)GR76 539120 005206697750 $ 61,175.00
1e)GR76 539120 005206697760 $332,714.00
1f)GR76 539120 005206697770 $ 2,000.00
1g)GR76 539120 005206697780 $ 50,000.00
1h)GR76 539120 005206697790 $ 20,000.00
1i)GR76 539120 005206697800 $ 5,000.00
Jerome Walker 7537 (from) APPROVED 10/16/01
1)GR76 539120 005206698040 $729,111.00
Additional Information Contact: 1)GR76 539120 005206697210 $470,889.00
Jerome Walker 7537