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Home My WebLink AboutContract 28676m CIiY ��R�`fA�� , G�N�RAC�' 6� � —...._ r_. �� STATE OF TEXAS � COUI�TTY OF TARRAIiiT § A1Vi�l�DN1EI�TT TO CITY SECRETARY CONTRACT NO. 28473 AGREEIVIEIv'I' WITH FORT WORTH CULTURAL DISTRICT COMMYTTEE T}us amendment to City Secretaxy Contraci Na.28473 (�Iie "Agreernent") is made and entered tnto by and hetween the City of Fort Worth, a home-rule municipal corparation situated in Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as "Cit�') acting herein by and through its duly autharized Assistant City Manager and Fort Worth Cultural District Commitiee (hereinafter referred to as"Cultural District Coma�ittee"). WHEREAS, on March 24, 2�03, City and C�ltural Districi Committee entered into an agrec�ment known as City ,S�cretary Conbrac�t No. 28473, on file in the Office of the City Sc:cre�ary of Fort Worth, to assist Cultural District Committee in promoting tourism, econamic activity and efficient transportation in the Cultural District and to create a clean, attractiv� city by installing appealing signage to assist visitors in finding destinations and parking; WHEREA5, the City and Cultural Disirici Committ�e desire to a.mend said City 5ecretary Contract No. 28473, at the request af the Texas Department of Transportation, to add language that will allaw the City tfl be reimhursed by the federal governrnent for funds expended by the Ciiy; 1�TOW, THEREFORE, KllTOR' ALL PERSONS BY THESE PRESENTS: That the City and Cultural DiStrict Committee, for and in good and valuable consideration af the mutual covenants and agreem�nts contained herein, da mutually covenant and agree that said City Secretaxy Contract 28473, on file in the office of the City Secretary of the City of Fori Worth, is hereby amended as follows: 1. That City Secretary Contract No. 28473, is hereby amended by asn�n�ia�, �e�;tica�a .� 4. "FUNllING" ta change the first sentence at' Section 4.1 as follows: �� t�� °. SE�CTIOl� 4. FUNDI1�iG Section 4.1 The City was awarded a Conges�ion Mitigation Air Quality (CMA� pra,�ec# from the Federal Highway Adminisiration in the amount af $570,004, which included $336,300 in fed�ral money, which requires a $223,700 local match. Cultural District Committee's monetary contribution shall include cash and in-kind services in the amounts listed in Exb.i.bit C. All cash con�ributions by Cultural District Committee, as listed in Exhibit C, shall ba paid ta the City by no later than Navember 1, 2003. 2. That City Secr�tary Contract No. 2$473 is hereby amended by amending Section 11. "RIGHT TO AUDIT", to change th� period of time the City may audit and examine the books fram 3 years to 4 y�ars far both Sectian 11.1 and 11.2 to read as foilows: SECTION 11 RYGHT TO AUDIT Section I1.I Cultural District Cammit�ee agrees that City shall, until the expiration of four (�4) years aftu�' final payment under this Agreement, have access to and the rigl�t to examine and photocopy any directly pertinent books, documents, papers and records of Cultural District Commzttee involving transactians relating ta this Agreement. Cultural District Committee agre�s that City shall have access during normal working ho�u�rs to a11 necessary Cultural District Cornrnittee facilities and �hall be provided adequate and appropriat� workspace an arde�r to conduct audits in compliance with the provisions of this section. Section 11.2 Cultural Disfri�t Committee further agrees to include in a11 its subcont�acfs hereunder a prvvision ta the �ffect that the subconi�acting consultant agrees that City shall, until fhe expiration af four {4) years after final payment under � the subconi�act, have access to and the righ� to examine any direetly pertinent books, documents, papers and records of such subcantractor, invnlving appropriate work space, in order to canduct audits in compliance with the �rovisions of this sectzon together with subsection hereof. City shall giv� the subcontractor reasonable advance notice of intended audits. 3. � That City Secretary Contract No. 28473 is hereby amended by adding Exhibit "D" SPECIAL PROVISIONS, CONSULTANT CONTRACT" t� be incorpoxated herein and made a patt of the Agreement for ail intents and purposes as it relates to the Project. 4. That all other tem�s and conditions of City �ecretary Contract No. 28473, which are not amended herein, shall remain in full farce and effect tt�roughaut the term of this Agreement. EXECUTED in the Cit� o�Fort Wort�, this C�T�' OF FORT WORTH �� i � � � � -�. By: : - - --- :, -_ sistant City Manager APPROVED AS T4 FORM AND: LEGALITY: David Yett, City Attorney B ' _ �'�' ! ��. � � Assistant�C�ty Attorney I �D�� day of ATTE�;� �� 2003. �� BY� �v _ ',�.d� _ � ._ _- �i�4_�?" City Secr�'Eazy APPROVAL R�COMMENDED: By: . _ , .� - - Fernando Costa, Director D�partm�nt of Plant�ing FORT WORTH CULTURAL DTSTRICT COMMITTEE , I� Tom Reyr�old , Pr sident Fort Worth Cu 1 District Cornmittee � �L.�� ContraGt Au�horiz��inn r��t� �,JG,'�� -"•��?� �t'1 �� , n�,,:n��I7I��99,[(� � .-LLa I�11��I�SG:YY1, . . � EX�IIBIT D SPECIAL PROVYSION CONSLTLTANT CONTRACTS Chan��s in Wark: The ConsuItant sha11 make sUch revisions in the work included im this contract which l�s been cnrnpleted as are necessary to correet errors appearing therein when requixed to do so by the City without undue delays and additional cost to the City. If the Gity finds it necessary to request changes to pre�iously satisfactarily conr�pleted wark or parts thereof, the Cansultant shall rnake suah revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Addi�ronal Work. � Addiiaonal Work: Work nat specifically described under "Sco�e of Services" rnust be approved by supplemental agreernent to this contract by the City before it is unc�erta%ez� by the Consultant. If the Consultant is of the opinion that any work ihe Consultant has been directed ta perform is beyond the scope of this agreement and constiiutes extra wark, the Consultant shall prornpily no�ify the City in wrifing. Zn the event the City finds that such work does constitute extra work, then the Ciiy shall so advise the Consultant, in writing, and shall provide extra compensaiion to the ConsuItant for doing this work on the same basis as covered under Compensation ar�d a� provided under a supplemenkal agz�eernent and performed by ihe Consultant. Any contract modification shall have TxDOT appro�val prior to beginning the addition.al woxk. • Retention. AvaiIabilitv of Records and Andit Reauiremenis: The City shall have the exclusive right to examine the boo�Cs and records of the Consultant for the piupose af checking the amount of work performed by the Consultant at the rime o� contract termination. The Consultant shall maintain aIl books, documents, papers, accounting records and other evidence pertaining io cost incurred and shall make such materials available at its office during the contraat period and for four {4) years from th� date of final payment under #his contract or until penciing litigation has been completely and fuIly resol�ed, w�ichever occurs lasi. The City or any of its duly authorized representatives, the Texas Depat�ament of Transportatian, the Federal Highway Administration, the Unzted Stat�s' Departrnent of Transportation Office of 7nspe�tor General and the Comptroller General shall have access to any and a11 books, documents, papers and records of �e Cansultant which ars directly p�rtineni to this contract for t1�e purpose of making audits, examinatrons, excer�ts and transariptions. � Cost principals must be based on the prpvisions of 4$ CF'R Chapter 1, Part 31 Federal Acauisition Re�ulatiog fFAR31). DBE Percentage GoaL• The percentage gaal for Disadva�tage Business Enterprise participation in the work to be performed under this contract is zero (0%) percent of the contract amount.