HomeMy WebLinkAboutContract 36183 CITY SECRETARY
CONTRACT NO. j3LLS3
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 33696
WHEREAS, on July 12, 2006, the City of Fort Worth("City") and Fort Worth Area
Habitat for Humanity, Inc ("FWAHFH")made and entered into City Secretary Contract No.
33696 (the"Contract");
WHEREAS, the Contract provided funding to FWAHFH pursuant to a grant received by
City from the United States Department of Housing and Urban Development ("HUD") under the
Title 1 of the Housing and Community Development Act of 1979, as amended, (42 USC 5301 et
seq.) for utilization in connection with its Community Development Block Grant ("CDBG'),
Grant No. B-06-MC-48-0010, for Year XXXII;
WHEREAS, FWAHFH has adopted Trinity Habitat for Humanity as an assumed name
and may undertake certain activities under the Contract in that name;
WHEREAS, the Contract provided FWAHAH with $11,958.00 in CDBG Funds to
purchase in-fill lots in established City neighborhoods on which it will construct new homes to
provide home ownership opportunities to low and moderate income City citizens;
WHEREAS, FWAHAH has requested an extension of the term of the Contract to enable
it to obtain and finalize the purchase of in-fill lots suitable for its housing program;
WHEREAS, the City Council has authorized the City Manager to execute contracts in
amounts less than $25,000.00 without City Council action.;
WHEREAS, City has agreed that it is to the mutual benefit of City and FWAHFH to
agree to extend City Secretary Contract No. 33696 to achieve Program goals.
NOW, THEREFORE, City,whose address is 1000 Throckmorton St.,Fort Worth TX
76102, acting by and through Dale Fisseler, its duly authorized Assistant City Manager, and
FWAHFH, whose address is 3345 S. Jones St, Fort Worth, Texas 76110 acting by and through
Gage Yager, its duly authorized Executive Director, do hereby agree as follows:
1.
1. Scope of Services This section is amended to be and read as follows:
"a. FWAHFH will purchase two (2) infill lots in established City neighborhoods on which it
will construct new homes to provide home ownership opportunities to low and moderate
income persons under the program name In-Fill Lot Purchases ("Program"), for the term
from June 1, 2007 to December 31, 2007.
a. FWAHFH will be responsible for administering the Program in a manner satisfactory to
City and consistent with any standards required as a condition of providing the CDBG
funds (as hereinafter defined). The Program will include the following CDBGx ch 'bo 1P
CONTRACT AMENDMENT CSC NO.33696 �.
FWAHFH(CDBG) ✓�� (lI9 6 .�e
activities: FWAHFH will provide the services and activities as set forth in Exhibit A-
Program Summary in accordance with Exhibit B-Program Services Schedule.
b. FWAHFH agrees to meet the National Objective of activities benefiting low and
moderate-income individuals and to maintain full documentation supporting fulfillment
of this National Objective in its files as defined in 24 CFR 570.208. FWAHFH certifies
that the activities carried out under this Contract will serve low and moderate-income
persons. FWAHFH will obtain information on family size and income of Program
participants. All such documentation shall be furnished to City upon request if necessary
for City to fulfill its obligations under its Federal grant. If this documentation is not
maintained and furnished to City on request, City may exercise all remedies available
under this Contract, including the right to withhold payment to FWAHFH on this
Contract or any other contract with FWAHFH, or terminate this Contract as described
herein.
c. City will monitor and evaluate FWAHFH's performance using the goals and performance
standards required in this Contract. Substandard performance as determined by City
monitoring will constitute non-compliance with this Contract. If action to correct such
substandard performance is not taken by FWAHFH within a reasonable period of time
after being notified in writing by City, procedures to suspend or terminate the Contract
will be initiated.
e. If applicable, FWAHFH shall comply and assist City in complying with the provisions of
any federal requirements regarding displacement, relocation and/or real property
acquisition.
f. FWAHFH agrees to take reasonable steps to ensure meaningful access to the Program and
associated activities by limited English proficient persons.
II.
2. Compensation and Method of Payment
The last sentence of paragraph b. of this section is amended to be and read as follows:
"City will not disburse funds for expenditures that occurred prior to the beginning date of
the term of this Contract."
The last sentence of paragraph c. of this section is amended to be and read as follows:
"FWAHFH acknowledges and agrees that any CDBG Funds not used in accordance with
the CDBG Regulations and the terms of this Contract will be repaid to City.
III.
3. Uniform Administrative Requirements and Program Management Standards
The third sentence of subparagraph b. v. (2) is amended to be a read as follows:
CONTRACT AMENDMENT CSC NO.33696 Page 2
FWAHFH(CDBG)
"The audit must be prepared by an independent certified public accountant, be completed
within nine (9)months following the end of the period being audited and be submitted to
City within thirty(30) days of its completion. Contractor's audit certification is attached
hereto as Exhibit D -Audit Certification Form and Audit Requirements."
IV.
7. Applicable Laws
The following is added to subsection a. of this section:
Uniform Relocation Assistance and Real Property Acquisition Assistance Policies Act of
1970 (URA) (42 U.S.C. 4601-4655) and 49 CFR Part 24
V.
The last sentence in Exhibit A — Program Summary is amended to be and read as
follows:
"The performance period will be from June 1, 2006 to December 31, 2007."
Exhibit B - Program Activities and Schedule attached to the Contract is hereby
replaced with the Exhibit B—Program Activities and Schedule attached hereto.
VI.
All other terms and conditions of City Secretary Contract No. 33696 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 BLAND
CONTRACT AMENDMENT CSC NO.33696 Page 3
FWAHFH(CDBG)
IN WITNESS WHEREOF, the parties her to have e uted thre co ies of this contract
amendment in Fort Worth, Texas,thiw day o , 2007.
CITY OF FORT WORTH FORT WORTH AREA HABITAT FOR
HUMANII T Y, INC., DBA TRINITY HABITAT
FOR HUMANITY
By: By:
Dale Fisseler Gage ag
Assistant City Manager Exe utive irect
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
T rN07M&C REQUIRED
City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT § j
This instrument was acknowledged before me on !Zlprt 6 l , 2007
by Dale Fisseler Assistant City Manager of the City of Worth, on behalf o the City of Fort
Worth, TexOEM
wENOupi oi es NOTARY PUBLIC, STATE OF TEXAS
Expires011
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2007
by Gage Yager, Executive Director, of Fort Worth Area Habitat For Humanit , Inc. dba Trinity
Habitat for Humanity, a Texas non-profit corporation, o ee�halffo�of said c rpo ion.
NOTARY PUBLI , STA�yt OF TEXAS
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CONTRACT AMENDMENT CSC NO.33696 25,2 REs Pag�¢
FWAHFH(CDBG)