HomeMy WebLinkAboutContract 26844 CITY SECRETARY
CONTRACT NO. S
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth
("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager,
and Lake Como Area Council ("Contractor"), by and through Marla Sapp, its duly
authorized Executive Director. Contractor's business address is 5620 Houghton Street,
Fort Worth, Texas 76106.
WHEREAS, the City of Fort Worth and Contractor have entered into a contract
identified as City Secretary Contract No 23745 for a period beginning March 28, 1998 and
ending March 27, 2001; and
WHEREAS, the City and Contractor amended City Secretary Contract No. 23745
through City Secretary Contract No. 25753 to add an additional $63,150 on April 7, 2000;
and
WHEREAS, it is the mutual desire of the parties to renew said City Secretary
Contract No 23745.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
That, the parties covenant and agree that City Secretary's Contract No. 23745,
currently on file in the office of the City Secretary is hereby amended to read as follows:
1. Duration
This contract period shall be for a term of one year, from the date of contract
execution. This Contract may be extended for one (1) six-month term. Contractor shall
request the extension in writing and submit the request to the City sixty (60) days prior
to the end of the Contract. The City may then approve extension of the Contract. It is
specifically understood that it is the City's sole discretion whether to approve or deny
the request. If no request for extension is received prior to the expiration of contract,
the contract is deemed terminated and the unexpended balance shall automatically
revert to the City's CDBG Program Fund.
Section 2 "Disbursement of Funds" of City Secretary Contract No. 23745, currently on
file in the office of the City Secretary of the City of Fort Worth is hereby amended to
read as follows:
Contractor shall have an amended spending authority, not to exceed, four hundred
ninety-one thousand, six hundred ninety-three dollars ($491,693). This balance reflects the
addition of two thousand, five hundred forty-two dollars ($2,542) in CDBG monies and eleven
thousand, five hundred and one dollars ($11,501) in HOME monies to the contract total. These
additional monies are to be used as follows in the Lake Crdel RinckAr a:
ON Cr��~G�I�Wrt�11 1
a. Housing Development and Rehabilitation Projects, in an amount-not to
exceed eleven thousand, five hundred and one dollars ($11,501) HOME.
b. Economic Development Activities, in an amount not to exceed two thousand,
five hundred forty-two dollars ($2,542) CDBG.
Additionally, an amount not to exceed fifty thousand dollars ($50,000) in CDBG funds,
previously dedicated to Economic Development in the form of a Small Business
Revolving Loan Fund shall be used for the rehabilitation/construction of commercial
structures for sale or leasing to economic enterprises. "Amended Program Summary" —
EXHIBIT A.
All of the above activities must conform to rules and regulations as set forth in
24CFR570.
Section 3.1 "Scope of Services" of City Secretary Contract No. 23745, currently on file in
the office of the City Secretary of the City of Fort Worth is hereby amended to read as
follows:
Under the terms of this agreement, Contractor shall perform 1) acquisition and
rehabilitation of housing for resale to qualified low and moderate income first-time
homebuyers as defined by HUD 2) establishment of Community Based Development
Organization office and training facilities 3) provide academic and job skills training to
community residents 4) rehabilitate or construct commercial structures for sale or leasing
to economic enterprises as a means of job creation and economic development.
Section 3.20 "Insurance Requirements" of City Secretary Contract No. 23745, currently
on file in the office of the City Secretary of the City of Fort Worth is hereby amended to
read as follows:
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 agreement 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
FFi� E C a E D
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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.
c. Contractor will maintain blanket fidelity coverage in the form of an insurance
bond in the amount of $50,000, to insure against loss from the fraud, theft or
dishonesty of any of Contractor's officers, agents, trustees, directors or
employees. The proceeds of such bond shall be used to reimburse City for any
and all loss of CDGB monies occasioned by such misconduct. To effectuate such
reimbursement, such bond shall include a rider stating that reimbursement for
any loss or losses thereunder shall be made directly to City for the uses and
benefit of Contractor.
d. Contractor shall furnish to the City, in a timely manner, certificates of
insurance as proof that it has secured and paid for policies of commercial
insurance as specified herein. Such insurance shall cover all insurable risks
incident to or in connection with the execution, performance, attempted
performance or nonperformance of this contract and agreement. Contractor shall
maintain the following coverage and limits thereof:
i. Commercial General Liability Insurance
$1,000,000 each occurrence
$1,000,000 aggregate limit
ii. Business Automobile Liability Insurance
$1,000,000 each accident
Insurance policy shall be endorsed to cover "Any Auto".
Pending availability of the following coverage, and at the discretion of th
Contractor, the policy shall be the primary responding insurance polic
versus a personal auto insurance policy if or when in the course o
Contractor's business as contracted herein.
iii. Professional Liability Insurance
$ 500,000 each claim
In the event the insurance policy is written on a claims made basis
Contractor shall agree to maintain such coverage a minimum of two (2
years post termination of the contract agreement.
Note: This. insurance shall cover the Contractor and any associated Board o
Directors members.
iv.Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$500,000 each accident
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$500,000 disease - each employee
$500,000 disease— policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, rehabilitation.
Coverage shall be maintained by Contractor or its subcontractors. In the
event the respective subcontractors do not maintain coverage, the Contractor
shall maintain the coverage on such subcontractors for each applicable
subcontract.
V. Asbestos Abatement/Lead Abatement/Pollution
(Environmental Impairment Liability Insurance)
$1,000,000 each occurrence
Note: The primary purpose of this requirement is to cover risks associated
with demolition projects. The coverage would be acceptable to the City of Fort
Worth as endorsed onto a Commercial General Liability insurance policy or
provided under a separate insurance policy.
vi. Additional Requirements
Such insurance amounts shall be revised upward at City's option and
that Contractor shall revise such amounts within thirty (30) days following
notice to Contractor of such requirements.
Contractor will submit to City document that it has obtained insurance
coverage and has executed bonds as required in this contract and prior to
payment of any monies hereunder.
Each insurance policy shall be endorsed to provide City with a
maximum sixty (60) days notice of cancellation, non-renewal, and/or material
change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City
of Fort Worth as an additional insured as its interests may appear. Additional
insured parties shall include employees, officers, agents, and volunteers of
the City of Fort Worth.
The Workers' Compensation Insurance policy shall be endorsed to
include a waiver of subrogation, also referred to as a waiver of rights of
recovery, in favor of the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall
not be construed as a waiver of such requirement nor as a waiver of the
insurance requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do
business in the state of Texas by the Department of Insurance or be
otherwise eligible and authorized to business in the state of Texas. Insurers
shall be acceptable to the City insofar as their financial strength and solvency
and each such company shall have a current minimum A.M. Best Key Rating
Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by the City of Fort Worth.
NED
4
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Deductible limits on insurance policies shall not exceed $5,000 per
occurrence unless otherwise approved by the City of Fort Worth.
In the event there are any local, federal or other regulatory insurance
or bonding requirements for the housing program addressed in this contract,
should such requirements exceed those specified herein, the former shall
prevail.
Contractor shall furnish City proof that its procurement meets the
minimum Federal requirements (24 CFR 85.36(h)) for contracts and
subcontracts exceeding $100,000 for bid guarantees, performance bonds,
and payment bonds. These include:
• A bid guarantee from each bidder equivalent to five percent of the bid
price. The "bid guarantee" must be a firm commitment in the form of a bid
bond, certified check, or other negotiable instrument as assurance that
the bidder is prepared to execute a contract within the time specified for
the bid amount;
• A performance bond from the (sub)contractor for 100 percent of the
contract price, to secure the (sub)contractor's fulfillment of all obligations
under the contract; and,
• A payment bond from the (sub) contractor for 100 percent of the contract
price, to assure payment of all persons supplying labor and material
under the contract.
Contractor shall agree to require its subcontractors to maintain
applicable insurance coverage, limits, and other requirements as those
specified herein; and, Contractor shall require its subcontractors to provide
Contractor with certificate(s) of insurance documenting same; and, Contractor
shall require its subcontractors to have the City of Fort Worth and the
Contractor endorsed as additional insured (as their interests may appear) on
their respective insurance policies.
Contractor shall require its subcontractors to maintain builders risk
insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as
specified by the City of Fort Worth.
Miscellaneous Provisions
This contract amendment together with Contract No. 23745 and Contract No.
25753 on file at the City Secretary's office and the exhibits attached hereto, which are
incorporated by reference and made a part of this contract for all purposes, constitute
the entire contract between the parties hereto concerning the work and services under
this contract. Any prior or contemporaneous oral or written agreement, which purports
to vary from the terms of this contract, shall be void. Any future amendments to the
terms of this contract must be in writing and must be approved by each party to this
contract.
"FFi)ECOUG1)D
IN WITNESS WHEREOF, the parties.hreto have cuted four copies of this contract in Fort
Worth, Tarrant County, Texas,this -5+�day of J2 A.D. 20 .
APPROVED AS TO FORM AND LEGALITY:
By:
_z
A istant City Attorney
ATTEST: CITY OF F WORTH
By: .
y Secretary
By:
Libby W 00n, Assistant City Manager
ATTEST: LAKE COMO AREA COUNCIL
By:
Mara Sapp, Executiv ector
Contract Authorization
CNN IF?5�1°1 u Date
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Libby Watson, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN U ER MY HAND AND SEAL OF OFFICE this a�°t day of
A.D. 20_121 .
Notary Public in and for the State of Texas
1� P
ROSEBARNES
�? �{ NOTARY PUBLIC
N9f/ State of Texasmm.Exp.03-31-2005
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Maria Sapp, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed the same for the
purposes and consideration therein expressed, as the act and deed of the Lake Como Area
Council, and in the capacity therein stated as its duly authorized officer or representative.
IVEN NDER MY HAND AND SEAL OF OFFICE this ' l` day of
A.D. 20-C-11
OW! BEK'r CRIDER Not ry Public in and for the State of Texas
STATE OF TEXAS
my Cow Lo,t 10/2001
T,E ;a GY
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EXHIBIT A
LAKE COMO AREA COUNCIL
PROGRAM SUMMARY
Program Title
LAKE COMO NEIGHBORHOOD REVITALIZATION STRATEGY
DESCRIPTION: The Lake Como Area Council (LCAC)will provide staff, facilities, development
services, acquisition and rehabilitation to implement the neighborhood revitalization strategy in the
areas of housing, economic development, community facilities and public services .
The period of performance is one year from the date of contract execution.
PROGRAM OBJECTIVES: To effect community development of the Lake Como Model Block as
outlined in the Neighborhood Revitalization Strategy for the area, the LCAC will undertake the following
programs: ECONOMIC DEVELOPMENT by 1) acquisition and rehabilitation or construction of a
commercial building which will be sold or leased for the expansion or establishment of area businesses
within these facilities 2) encouragement of local businesses to employ residents who have completed
LCAC training courses by subsidizing starting wages. COMMUNITY FACILITIES by 1) establishment
and operation of a computer based training facility within the community. HOUSING DEVELOPMENT
through 1) housing site acquisition 2) acquisition,, rehabilitation and resale of homes to low and
moderate income families 3) new home construction, alone or in partnership with other housing
developers PUBLIC SERVICES by 1) providing training to enhance job skills of local residents 2)
establishment and maintenance of a job referral database.
PROGRAM MEASURES
Activit (.tyt ECD
Economic Development
1. Acquisition and rehabilitation or construction of commercial 1 December
building(s)to be used for the expansion or establishment of business 2001
activity.
Community Facilities
1. Construction and operation of a permanent office and computer 1 December
based training facility. 2001
Housing
1. Acquisition, rehabilitation of homes located within the Model Blocks 2 June, 2001
to low and moderate income families
2. Acquisition of sites for new home construction 12 Completed
3. New home development, alone or in partnership with other housing 12 Completed
developers.
Public Services
1. Provide training (GED, TAAS, computer software, office skills, health 40 Completed
field related)to enhance job skills of local residents (Phase 1)
2. Provide health field related training to residents who have completed 12 March - 01
(Phase 1) training
3. Develop employment opportunities for residents c II 6 Dec—01
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City of Fort Worth, Texas
avelvarr and cou""K communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
5/29/01 **C-18605 05COM0 1 of 3
SUBJECT CONTRACT RENEWAL AND REALLOCATION OF CDBG AND HOME MODEL
BLOCKS FUNDS FOR THE LAKE COMO AREA COUNCIL
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to renew City Secretary Contract (CSC) No. 23745, as amended by
CSC No. 25753, with the Lake Como Area Council, Inc. (LCAC) for one year from the date of
execution of the contract amendment; and
2. Authorize reallocation of up to $11,501.00 in Home Investment Partnerships Program (HOME)
funds from the City's Home Improvement Loan Program to the LCAC's Housing Development and
Rehabilitation account; and
3. Authorize reallocation of up to $2,542.24 in Community Development Block Grant (CDBG) funds
from the City's Home Improvement Loan Program to the LCAC's Economic Development activities;
and
4. Authorize amendment of the contract amount to reflect the addition of up to $11,501.00 (HOME)
and up to $2,542.24 (CDBG) funds, for an amended contract amount not to exceed $491,693.24;
and
5. Allow a change-in-use of up to $50,000.00 in CDBG funds dedicated to Economic Development in
the form of a Small Business Revolving Loan Fund to Economic Development in the form of
acquisition or construction of a commercial structure; and
6. Authorize extension or renewal of the contract if the LCAC requests an extension or renewal; and
7. Authorize amendment of the contract, if necessary, to achieve project goals, provided that the
amendment is within the scope of the project and in compliance with applicable laws and
regulations; and
8. Authorize amendment of the Year 1997 Consolidated Plan to reflect reallocation of up to $2,542.24
in CDBG funds from the Home Improvement Loan Program to Economic Development.
DISCUSSION:
The LCAC is the development arm of the Lake Como Model Blocks. After receiving the $1.2 million
Model Blocks award in 1995, residents created and empowered the LCAC to carry out, on their behalf,
projects for the development of housing, economic development activities, employment and training
opportunities, and community facilities. In October 1997, Lake Como's Neighborhood Revitalization
Strategy was reviewed and approved by the U.S. Department of Housing and Urban Development, and
the LCAC was recognized as a Community Based Development Organization.
City of Fort Worth, Texas
"anor and Couni"K Communieniflon
DATE REFERENCE NUMBER LOG NAME PAGE
5/29/01 **C-18605 05COM0 2 of 3
SUBJECT CONTRACT RENEWAL AND REALLOCATION OF CDBG AND HOME MODEL
BLOCKS FUNDS FOR THE LAKE COMO AREA COUNCIL
The LCAC requests that City Secretary Contract No. 25753, which expired on March 28, 2001, be
renewed for one year. This will allow further enrollment for the jobs and skills training being conducted
for Lake Como residents, and it will allow those students currently enrolled in the LCAC's programs to
complete their training and obtain employment. The renewal period will also allow the LCAC to
complete the construction of their permanent office and training facility, obtain additional funding from
outside sources, and expand programs. It will also allow the LCAC the opportunity to develop an
economic enterprise as a means of providing employment opportunities and an additional income
stream to support its programs.
In March 1998 (M&C C-16183), the City Council authorized a contract with the LCAC (City Secretary
Contract No. 23745) for $414,500.00 in CDBG and HOME funds. The contract was amended on
December 14, 1999 (M&C G-12759, City Secretary Contract No. 25753) to add an additional
$63,150.00 in HOME funds for a new contract total of $477,650.00. The current balance available is
$125,633.45.
The LCAC is currently making progress in all areas of their revitalization strategy. Through their
partnership with Bank America and Liberation Community they completed the construction of twelve
new homes in the year 2000. They anticipate the completion of twenty new homes in this, their second
year. They have also begun an acquisition and rehabilitation program for the benefit of low and
moderate income first-time homebuyers. In addition, the LCAC has acquired the use of a renovated
building from a local church, and has begun to provide training to Lake Como residents seeking to
enhance their academic and job skills.
As part of their original plan for economic development, the LCAC set aside funds to establish a Small
Business Revolving Loan Fund (RLF). Due to limited staffing and experience, and because the Fort
Worth Economic Development Corporation already operates a Small Business RLF, the LCAC requests
that the $50,000.00 previously allocated for this purpose be reallocated to allow the acquisition or
construction of a commercial structure, which the LCAC will lease out as an economic enterprise.
Current allocation for activities under contract with LCAC
Community Facilities $ 120,000.00
Housing Develop ment/RehabiIitation $ 113,150.00
LCAC Program Support $ 112,500.00
Employment and Training $ 82,000.00
Economic Development $ 50.000.00
$ 477,650.00
City Administered Projects
Home Improvement Program $ 715,000.00
Lot acquisition/construction 7,350.00
$ 722,350.00 .
Grand Total $1,200,000.00
City of Fort Worth, Texas
"floor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/29/01 **C-18605 05COMO 3 of 3
SUBJECT CONTRACT RENEWAL AND REALLOCATION OF CDBG AND HOME MODEL
BLOCKS FUNDS FOR THE LAKE COMO AREA COUNCIL
The revised budget for the extended contract would be as follows:
Revised allocations for activities under contract with LCAC
Community Facilities $ 120,000.00
Housing Development/Rehabilitation $ 124,651.00
LCAC Program Support $ 112,500.00
Employment and Training $ 82,000.00
Economic Development 52,542.24
$ 491,693.24
City Administered Projects
Home Improvement Program $ 700,956.76
Lot acquisition/construction $ 7,350.00
$ 708,306.76
Grand total $1,200,000.00
The Lake Como Model Blocks is located in COUNCIL DISTRICT 7.
On April 10, 2001, the Safety and Community Development Committee recommended City Council
approval of this recommendation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
2)GR76 539120 005206133190 $11,501.00
Libby Watson 6183 3)GR76 539120 005206100710 $ 2,542.24 APPROVED
Originating Department Head: (T f,/ VOUN V'L
Jerome Walker 7537 (from) MAY
2)GR76 539120 005206133150 $11,501.00
Additional Information Contact: 3)GR76 539120 005206100170 $ 2,542.24
�t9 ge�soia�of tif�
Jerome Walker 7537 ity of Fort north,TezaE