HomeMy WebLinkAboutContract 50028-A1 l� I
` CITY SECRETARY
CONTRACT NO. O —
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50028
r G G WHEREAS, the City of Fort Worth ("City") and Tarrant County Samaritan Housing, Inc.
("Developer'), a Texas nonprofit corporation, made and entered into City Secretary Contract No. 50028
(the"Contract"),as authorized by M&C C-27866,adopted by the City Council on August 16,2016;
WHEREAS,the Contract provided funding to Developer pursuant to a grant received by the City
from the United States Department of Housing and Urban Development through the Housing Opportunities
for Persons with AIDS Program("HOPWA"),Program No. TX-H-16-F002,Catalog of Federal Domestic
Assistance No. 14.241;
WHEREAS,the primary purpose of HOPWA pursuant to the AIDS Housing Opportunity Act, as
amended,42 U.S.C. 131 et seq. and its accompanying regulations, 24 CFR Part 574 et seq., is to benefit
low and moderate income individuals and families with HN/AIDS by providing them with affordable
housing;
WHEREAS,Developer is the primary provider of housing to persons with AIDS in the City and
used the HOPWA funds awarded in the Contract to rehabilitate its 60 unit single room occupancy rental
facility which it has operated since 1996;
WHEREAS,the completion of the project was delayed due to permitting and asbestos issues,and
City and Developer desire to amend the Contract to extend the Completion Deadline and revise Exhibit
"C"— Construction and Reimbursement Schedule, and also to amend other Contract terms and
provisions for clarity and to reflect current changes in applicable laws and regulations;
WHEREAS, it is the mutual desire of City and Developer to amend the Contract to
complete the project and meet Contract objectives.
NOW THEREFORE,City and Developer agree to amend the Contract as follows:
I.
DEFINITIONS
The definition of Completion Deadline is amended to be and read as follows:
"Completion Deadline means September 30,2018."
Il.
Subsection 5.6.1.2 is amended to be and to read as follows:
«5.6.1.2 Pr-e.yide Gitywith„ r,r,,..t,.agee's n,.hey of 64e: o in the affleiffint
Subsection 14.11.1 E is hereby amended to be and to read as follows:
"E. The contractor will certify that any vacant employment positions,
including training positions that are filled: (1) after the contractor is selected but
before the contract is executed, and(2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
The contractor will not subcontract with any subcontractor where it has notice or
FIRST AMENDMENT TO CSC NO. 50028 Page 1
Tarrant County Samaritan Housing,Inc. OFFICIAL RECORD Rev.07.18.2018
CITY SECRETARY
FT.WORTHS TX
knowledge that the subcontractor has been found in violation of regulations in 24
CFR Part 135.
Subsection 14.15.3 is hereby amended to be and to read as follows:
"14.15.3 In order to comply with the reporting requirements of 24 CFR Part
92.508(a)(7)(ii), Developer must submit the form attached to the contract as
Exhibit"K"—MBE Reporting Form for each contract or subcontract with a value
of$10,000.00 or more paid,or to be paid, with HOPWA Funds. This form shall be
submitted with the final Reimbursement Request."
III.
Exhibit"C"— Construction and Reimbursement Schedule attached to the Contract is hereby
replaced with the attached Exhibit"C"—Construction and Reimbursement Schedule Revised 07/2018.
IV.
This Amendment is effective as of the Effective Date of the Contract.
V.
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]
FIRST AMENDMENT TO CSC NO.50028 Page 2
Tarrant County Samaritan Housing,Inc. Rev.07.18.2018
ATT T: CITY OF FO—RT WORTH
By: /�a �
C*S retary a r Yv ` Fernando Costa,Assistant City Manager
M&C C-27866 ® Q
Dated August 16,2016 �� Date:
Form 1295:2016-67957 U `_
Contract Compliance Manag 7EX
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensra
ll!er�fced reporting requirements.
Chad LaRoque,Housing Development and Grants Manager
Arr VED AS TO FO"'vi IND LEGALITY:
Vicki S.Ganske, Senior Assistant City Attorney
TA jt
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SING,INC,
a Texas orp
By:
Nor ,Pres' t,CEO
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
FIRST AMENDMENT TO CSC NO.50028 Page 3
Tarrant County Samaritan Housing,Inc. Rev.07.18.2018
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE REVISED 07/2018
TARRANT COUNTY SAMARITAN HOUSING,INC.
Activity**** HOPWA Funds
PHASE I ACTIVITIES Mobilization,Permitting,Contract Execution, $134,289.18
and Construction Activities
PHASE I COMPLETED by: First Payment** $134,289.18
February 28,2018
PHASE II ACTIVITIES Construction Activities and Exterior Lighting $128,359.80
PHASE II COMPLETED by Second Payment** $128,359.80
April 30,2018
PHASE III ACTIVITIES Construction Activities $20,644.63
PHASE III COMPLETED by Third Payment** $20,644.63
June 30 2018
PHASE IV ACTIVITIES Construction Activities $48,670.61
PHASE IV COMPLETED by Fourth Payment** $48,670.61
August 31,2018
PHASE V ACTIVITIES Holdback and Lease-Up of HOPWA Units $10,000.00
PHASE V COMPLETED by Prior to Reimbursement in Phase V,the $10,000.00
September 30,2018 following items must be submitted:
1.Rent Schedule for HOPWA Units. See
Section 7.5.
2.Tenant Selection Policy.See Section 7.6.
3.Affirmative Marketing Plan.See Section
7.7.
Prior to Reimbursement for Final Payment,
Exhibit"G"—Project Compliance Report:
Rental Housing must be submitted to City.
Final Payment**(Lease-Up of HOPWA
Units)***
*Developer will only be reimbursed for eligible expenses.The amounts and activities are estimates
and are subject to change.
**Developer must submit Complete Documentation with Reimbursement Request, including the
contractor/subcontractor/vendor searches under the Federal System of Award Management
(www.sam.gov)to City within 60 days from each of the 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.
***If milestone is reached before the Phase completion date, reimbursement will be made when the
milestone percentage is reached and the City is provided all required documentation.
****Expenses incurred prior to execution of this Contract will be allowed only at the sole discretion
of the City.Exterior Lighting expenses authorized or expended by the Developer on or after March
8,2017 are eligible for reimbursement by the City.No other expenses shall pre-date the Effective
Date of this Contract.
FIRST AMENDMENT TO CSC NO. 50028 Page 4
Tarrant County Samaritan Housing,Inc. Rev.07.18.2018