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Home My WebLink AboutContract 28677� , „ ' �I�Y S�CR��'�I�� STATE OF TEXAS § ' ' GO��ACT f� , �_ _ ��_ *__ COUNTY OF TARRANT § AMENDMENT TO CITY SECRETARY CONTRACT NO. �84i� AGREEMENT WITH DOWl�TOWN FORT WORTH, INC This arnendment to City Secretary Contract No.28475 {the "Agreement") is made and entered into by and between the City of Fort Worth, a home�rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred ta as "Cit�'), acting herein by and �hirough its duly authorized Assistant City Manager and Down�awn Fort Worth, Inc. (hereinafter referxed to as "DFWI"). WHEREAS, on March 24, 2Q03, City and DFWI entered into an agreement known as City Secreiary Contract No. 28475, on �Ie in the Office of �he City Secretary of Fort Worth, to assist DFWI in promoting taurism, economic activity and efficient transportation in the downtown ar�a and ta cxeate a clean, atfiracfiive city by installing appealing signage to assist visitors in finding destinations and parking; WHEREAS, fihe City and DF�]VI desire to amend said City Secretary Contract No. 28475, at the request of the Texas Department of Transportatron, to add language that will allow t�ie City to be reimbursed by tl�e federal government far fiznds expended by the City; NOW, TFIEREFORE, KNOW ALL PERSON5 BY THESE PRESENTS: That City ar�d DFWI for and in good and val�able consideratian of the mutual cavenants and agreements coniained herein, do mutually covenant and agree tihat said City �ecretary Contract 2$475, on file in the office of the City Secretary of the City of Fort Worth, is hereby amand�d as £ollows: 1. That Ciiy Secreiary Contract No. 28475, is her�by amended by amending Section 4. "FLJNDING'° to change the first sentence of Section 4.1 as follows: ��i��►� �� $ �� ;. F SECTION 4. FUIiiDING Section 4.1 The Crty was awarded a Cangestion Mitigation Air Quality (CMAQ) project from the Federal Highway Administration in the amount of $57Q,�00 which inc�uded $336,30d in federal maney which requires a $223,70D local match. DFWI'� monetary cantribution sha11 include cash and in-kin,d serviees in the amounts lis�ed in Exhibit C. A11 cash contributians by DFVVI, as listed in Exhibit C, sha11 be pa.id to the City by no later than November 1, 2003. 2. That City Secretary Contract No. 28475 is herehy amended by amEnding Se�tion l l. "RIGHT TO AUDIT", to change the period of ii_me the City may audit and examine the books from 3 years to 4 yeat�s far both Section 11.1 and 11.2 to read as follows. SECTION 11 RYGHT TO AUDYT Sect�on 11.1 DFWI agrees that City shall, until the expiration of four (4} years after final payment under this Agreernent, have access to and the right to examine and photacopy a.ny directly pertinent books, documents, papexs and xecards o� DFWI i�volving transactions relatang to thi� Agreement. DFWI a�ees that City shall have access during normal working haurs ta all necessary DFWI facilities and s�a11 be provided adequate and appropriate workspace in order io conduct audits in compliance with the provisions of t�iis sectian. Section 11.2 DFWI furkher agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that City shall, until th� expiratian of four (4) years a£�ear final payment under tha subcontract, ha�e access to and the zight to examine any directly pertinent books, documents, papers and records of such subcontractar, in�volving appropriate work space, in order to conduct audits in compiiance wifh the provisions of this section tagether with suY�section hereof. City shall give the subcontractor reasonable advance notice o�int�nded audits. 3. That City Sacretary Contract No. 28475 is hereby amended �y adding E�ibit "D" SPECIAL PROVISI4NS, CONSULTANT CONTRACT" to be incorporated herein and made a part of the Agreement for all intents and purposes as it relates to the P�raject. Q Tha� a11 other terms and conditions of City Secretaxy Contract No. 28475, which are not amended herein, sha11 remain in full force and effect throughout the t�rm of this Agre�ment. EXECUTED in the City of Fort Worth, this 1�P�� day of 20Q3. CITY OF FORT WORT - ATTE��r. -, B � ,� � � � B _ _ y: - �- � y y: _� �� : �---= -- - sistant City Manager City 5�-et�ary APPROVED A5 TO FO1�M AND: LEGALITY: David Yett, City Attorney By �� II� A8315ta11t Clt Attorney DOWNTOWN FORT WORTH, INC. By: Kenneth Devero, President Downtawn Fart Warth, Inc. APPROVAL RECOMMENllED: By: s- _ _ .- _ Femando Casta, Director De�artment of Pla�u�ng � ��. .�� C�n�za��. ,�utk�t�ri��ti�n �� .r,._....---._,.._ ..,�.�. r � ��„��z � � G�� I �J r � WY � li �, � .. �[��',�, EXHIBIT D SPECIAL PROVISION CONSULTANT C4NTRACTS o Chan�es in_ Work: The Consultant sl�all make such revisions in the work included in this coniraet which has been completed as are necessary to correct errors appearing ther�in when requir�d to do so by the City vvithout undue delays and additional cost to the City. Z£ the City find.s it necessaty to requesi ahanges ta pre�iously satisfactorily completed wark or parts thereof, the Consuliant shall make such ravisions if requested and as directed by the City. This u+�ill be considered as additionai wor�C and paid for as specified under Additionaj Work. � Additional Work. Work not specifically described undex "�cope of 5ervices" must be approved by sup�iemental agreemant to this cantract by the City before it is undertaken by the Consultant. If the Consultant is of the opinion that any wark the Cons�ltant has been directed to perforrn is beyond the scope of this agreement and constitutes exira work, tlie Consultant shall promptIy notify the Gity in writing. In the e�ent the City finds that such wark does constitute extra work, than the City shall so advise the Cons�ltant, in writing, and shall pro�ide extra cornpensation to the Consultant for doing this work on the sarne basis as covered under Corxipeusation and as provided unc�er a supplementai agreement and performed by the Consultant. Any contract modification shall have T�OT approval prior to beginning the additianal woric. Retention. Availabilitv of Records and Audit Reauirenaents: The City shall have the exclusive right to examine the books and records of the Consultant for the purpose of checking the arnount of work perfarmed by the Consultant at the time of cantract termination. Thc Consultant shall maintain all books, documents, papers, accaunting records and o�her evidence pertaivi�g ta cost in�curred and shaIl n�ake such matexials available at its ot�'ice during the contract period and for four (4) years from the date of final payment under this contract ar until pending litigatian has been carnpletely and £ully resolved, whiche�er occurs last. ThE City or any of its duly authorized representatives, the Texas Department of Transport�tion, the Federal Highway Administration, the United States' Department of Transportation Office of Inspector General and tb.e Cazx�pt�oller General shalt have access to any and ai1 books, documents, pap�rs and r�cords of i1�e Consultant which are directly pertinent to this coniract far the purpose of making audits, examinations, excerpts and transcriptions. � Cost principals xnust be based on tY�e provisions of 48 CFR Chauter L Part 31 Federal Acauisition Re�ulation (FAR31}. DBE Percentage Goal: The percentage goal for Disadvantage Business Enterpxise particzpation in #he work to be performed under thi� contract is zero (0%) percent of the contract amount.