HomeMy WebLinkAboutContract 49233-A1 (2) CITY SECRETARY
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.49233
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G WHEREAS,on June 28,2017,the City of Fort Worth("City")and SafeHaven of Tarrant County,
a Texas nonprofit corporation("Developer")made and entered into City Secretary Contract No.49233(the
"Contract"), as authorized by the City Council in M&C G-18793, adopted on August 9, 2016, which
provided$140,000.00 of City's Community Development Block Grant("CDBG")funds to Developer;
WHEREAS,the Contract provided funding to Developer pursuant to a grant received by City from
the United States Department of Housing and Urban Development("HUD")through the CDBG Program,
Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG Program is to benefit low and moderate income
persons in accordance with the CDBG Regulations at 24 CFR Parts 570.200 and 570.208;
WHEREAS, Developer serves victims of domestic violence who are homeless or at risk of
homelessness,a"presumed benefit"clientele as defined in 24 CFR Part 570.208(a)(2)(A)and Developer
proposes to use CDBG funds for an eligible project under the CDBG regulations whereby Developer will
construct accessibility improvements in two bathrooms at SafeHaven domestic violence shelter approved
by and located within the City;
WHEREAS, the 85t' Texas Legislature passed House Bill 89, which prohibits governmental
entities from entering into contracts with entities that boycott Israel, and the City actively supports the
Immigration and Nationality Act, which addresses employment eligibility, employment verification and
nondiscrimination;
WHEREAS,the project was not completed by the Completion Deadline due to construction delays,
and City and Developer wish to amend the Contract to extend the Contract term for six months to December
28,2018,amend the definition of the Completion Deadline,delete the inapplicable audit provisions,reflect
current changes in applicable law, amend three of the exhibits,and meet Contract objectives;
NOW, THEREFORE, City and Developer hereby agree to amend the Contract as follows:
I.
Completion Deadline means eighteen months from the Effective Date.
Il.
Section 3.1 Term of Contract is amended to be and to read as follows:
The term of this Contract is 18 months beginning on the Effective Date unless earlier terminated
as provided in the Contract.
Section 9.4.1 Entities that Expend $750,000 or more in Federal Funds Per Year is amended
to be and read as follows:
"9.4.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
Amendment No. 1 to CSC 49233 Page I .
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SafeHaven Domestic Violence Shelter Accessibility Improvements in 2 Bathroom
CITY SECRETARY
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Intentionally Deleted."
III.
The following provision will be added as Section 23 to the Contract:
6623. Immigration Nationality Act.
City actively supports the Immigration and Nationality Act (" ") which includes
provisions addressing employment eligibility, employment verification, and
nondiscrimination. Vendor shall verify the identity and employment eligibility of all
employees who perform work under this Agreement. Vendor shall complete the
Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not
legally eligible to perform such services. Vendor shall provide City with a certification
letter that it has complied with the verification requirements required by this Agreement.
Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision.City shall have the right to immediately terminate this Agreement for violations
of this provision by Vendor."
The following provision will be added as Section 24 to the Contract:
6624. Boycotting Israel Prohibited.
Developer acknowledges that in accordance with Chapter 2270 of the Texas
Government Code,the 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 the
City that Developer: (1)does not boycott Israel;and(2)will not boycott Israel during
the term of this Contract."
IV.
Exhibit"C"-Construction and Reimbursement Schedule is hereby deleted and replaced with
Exhibit"C"-Construction and Reimbursement Schedule Revised 8/2018.
Exhibit"D"—Audit Requirements is deleted in its entirety.
Exhibit"J"—Standards for Complete Documentation is hereby deleted and replaced with
Exhibit"J"—Standards for Complete Documentation Revised 8/2018.
Amendment No. 1 to CSC 49233 Page 2
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SafeHaven Domestic Violence Shelter Accessibility Improvements in 2 Bathrooms
V.
This amendment is effective as of the Effective Date of the Contract.
VI.
All other terms and conditions of the Contract not amended herein remain unaffected and in full
force and effect,are binding upon the parties,and are hereby ratified by the parties. Capitalized terms not
defined herein shall have the meanings assigned to them in the Contract.
[SIGNATURES APPEAR ON NEXT PAGE]
Amendment No. 1 to CSC 49233 Page 3
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ACCEPTED AND AGR ��
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ATTE :: ::Of . OF FORT WORTH
Mary Kayser,Cit creary Fernando osta,Assistant City Manager
M&C: G-18793 Date: August 9,201 .Cf-
Form
,CForm 1295 Certification: 2016-61456 Date: -9/25/18
A P OVED AS TO FORM AND LEGALITY:
Paige MebaiVe,As istant tity Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all per ce and reporting requirements.
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Chad LaaRoque,Housing Development and Grants Manager
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Date
DEVELOPER:
SAFEHAVEN OF TA NT OUNTY
By:
Kathryn J ,Chief Ex utive Officer
Date:
OFFICIAL. kr=CwiO
CITY SECRETARY
FT.WORTH,TX
Amendment No. 1 to CSC 49233 Page 4
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SafeHaven Domestic Violence Shelter Accessibility Improvements in 2 Bathrooms
EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE REVISED 8/2018
SAFEHAVEN OF TARRANT COUNTY
Activity CDBG Funds
PHASE I Costs for Construction of Accessibility
ACTIVITIES Improvements in Two Bathrooms in
SafeHaven Domestic Violence Shelter
PHASE I Contractor/subcontractor/vendor searches $130,000.00
COMPLETED by: under the Federal System for Award
October 31,2018 Management(www.sam.gov) must be
submitted prior to any reimbursement
under the Phase.
FINAL PAYMENT Final Reimbursement for Costs of
PHASE Construction of Accessibility Improvements
in Two Bathrooms in SafeHaven Domestic
Violence Shelter:
• Contractor/subcontractor/vendor
searches under the Federal System
for Award Management
(www.sam.gov) must be submitted
prior to any reimbursement under
this Phase
• Punch List/Final Inspections by
Neighborhood Services Department
Inspectors, if applicable
• Rehabilitation Completed
FINAL PAYMENT Final Reimbursement $10,000.00
PHASE
COMPLETED
by: November 30, 2018
TOTAL CDBG $140,000.00
FUNDS
All Reimbursement Requests along with Complete Documentation shall be submitted by the
Developer to City within 60 days from each of the deadlines shown above.
Developer will be entitled to make Reimbursement Requests until 30 days after the Completion
Deadline.
Amendment No. 1 to CSC 49233 Page 5
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EXHIBIT "J"
STANDARDS FOR COMPLETE DOCUMENTATION REVISED 8/2018
SAFEHAVEN OF TARRANT COUNTY
FORTWORTU.
Standards of Documentation for Reimbursement of Development Costs
Cost Type Documentation Standard
Acquisition of Real Property • Notice to Seller(date must be on or before the date of options
agreement or sales contract and signed by the buyer and seller)
• Recorded Deed of Trust
• Purchase Agreement w/Required HUD language
• Master Settlement Statement/HUD-1
• Appraisal or other document used to determine purchase price
• Proof of Payment(bank statement/cancelled check)
_ • Verification of vacant Status as applicable
Pre-Development and Soft • Invoice
Costs(Architect, Engineer, - Invoice should include:
Landscape Design,Surveys, date;
Appraisals,Environmental, company's letterhead;
Legal Fees,Other Consultants, address for which service Is provided;
Etc.) description of service(s)and item(s);
amount for itemized services;and
total amount
• Proof of Payment(ie. bank statement or cancelled check)
• Fully executed contract/service agreements/letter agreements
and applicable amendments
- Provide printout from www.sam.aov verifying
contractor/subcontractor is not listed on the debarred
and suspension list
• If only a portion is being paid with City funds,then show
calculation and documentation of how costs are allocated.
Construction Costs • Invoice
(Contractors&Subcontractors) - Invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s)and item(s);
amount for itemized services;and
total amount
• Proof of Payment(i.e.bank statement or cancelled check)
• Copy of applicable inspection report(s)conducted by NSD
Inspector
• Copy of executed agreements
Neighborhood Services Department
FINAL as of 6/21/17 Page 1
Amendment No. 1 to CSC 49233 Page 6
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1
FORTWORTH..4
Standards of Documentation for Reimbursement of Development Costs
Provide printout from www.sam.gov verifying
Construction Costs contractor/subcontractors are not listed on the debarred
(Contractors&Subcontractors) and suspension list
(continued) . If only a portion is being paid with City funds,then show
calculation of how costs are allocated.
• For payment of final retainage for the prime contractor,lien
waivers for the prime and all subcontractors.
• List of subcontractors.
Materials Purchased by . Invoice
Developer(if applicable) - Invoice should include:
date;
company's letterhead;
address where materials will be used;
description of service(s)and item(s);
cost by quantity;and
total amount
• Proof of Payment(i.e.bank statement or cancelled check)
• Verification of delivery
Developer Fee • Final Invoice Reflecting Total Development Cost
(if paid directly from HOME . Proof of payment for any other entity/funding source
funds) contributing to development costs.
• Show calculation of agreed upon developer fee percentage
• Copies of final lien releases from contractor/subcontractor
• Complete Documentation income eligibility of buyers/renters
((i.e.income docs for eligible homebuyer/tenants,sales contract
between developer/homebuyer,HAP Deed of Trust w/required
affordability period language,etc.)
• Lease documents
• Final inspections of completed units
Neighborhood Services Department
FINAL as of 6/21/17 Page 2
Amendment No. 1 to CSC 49233 Page 7
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SafeHaven Domestic Violence Shelter Accessibility Improvements in 2 Bathrooms