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R-12-12-20-E6 - 12/20/2012RESOLUTION NO. R -12-12-20-E6 WHEREAS, the City of Round Rock has previously entered into a Community Development Block Grant Agreement ("Agreement") with Williamson -Burnet County Opportunities, Inc. ("WBCO") for the Sidewalk, Curb and Gutter Program; and WHEREAS, WBCO has submitted Amendment No. 1 to the Agreement to provide for a change in the scope, amount, and expiration term of the Agreement; and WHEREAS, the City Council desires to enter into said Amendment No. 1 with WBCO, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. 1 to Community Development Block Grant Agreement with Williamson -Burnet County Opportunities, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: - <2X4W-,,, SARA L. WHITE, City Clerk O:\wdox\SCCI nt s\0112\ 1204\MUNICIPAL\00264138. DOC/mc EXHIBIT "A» AMENDMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF ROUND ROCK AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. This Amendment No. 1 to the Community Development Block Grant Agreement between the City of Round Rock and Williamson -Burnet County Opportunities, Inc., hereinafter called "Amendment No. I" is made by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City") and Williamson -Burnet County Opportunities, Inc. ("WBCO"). WHEREAS, the City and WBCO executed that Community Development Block Grant Agreement on the 12th day of January, 2012 (the "Agreement"); and WHEREAS, the scope of the Agreement is for the Sidewalk, Curb and Gutter Program in the amount of $58,708.00, whereby WBCO will construct, or cause to be constructed, sidewalks, curbs, gutters and related appurtenances or improvements at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664; and WHEREAS, the Agreement shall expire on the 12`h day of January, 2013; and WHEREAS, in accordance with Section 7.6 of the Agreement, the Agreement may be amended by the execution of an amendment by both parties within the period specified as the term of the Agreement; and WHEREAS, it has become necessary to amend the Agreement to provide for a change in the scope, amount, and expiration term of the Agreement; NOW THEREFORE, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and WBCO agree that said Agreement is amended as follows: Agreement: Section I.I. Activities and Beneficiaries, shall be amended to read as follows: Activity #l: Construct, or cause to be constructed, lighting, dumpster enclosures, playground fence, and related appurtenances or improvements (the "Improvements") at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664 (the "Project"). 2. Section 2.1 shall be amended to read as follows: 2.1 Services of WBCO shall start on the Effective Date. This Agreement shall expire eighteen (18) months after the Effective Date, unless extended in writing by WBCO and 00263843.doc/jmr CITY, except as provided below. WBCO shall complete all services contemplated by this Agreement prior to its expiration. 3. Section III: Budget, shall be amended to read as follows: SECTION III: BUDGET Line Item Amount Construction of lighting, dumpster enclosures, $69,440.24 playground fence, and related appurtenances or improvements at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664. 4. The Agreement is amended to replace all instances of $58,708.00 with $69,440.24. 5. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 6. Except as amended hereby, the Agreement as originally written remains in full force and effect. 7. This Amendment No. I may be executed in multiple counterparts, which, when combined together, shall constitute an original of this Amendment No. 1. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Amendment No. 1. 8. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment No. l and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, the City and WBCO have executed this Amendment No. 1 on the dates indicated. 2 Approved as to form: Stephan L. Sheets, City Attorney CITY: City of Round Rock ALAN MCGRAW, Mayor ATTEST: SARA WHITE City Clerk WBCO: Williamson -Burnet County Opportunities, Inc. Name: Andrew Shell Title: Executive Director ROUND ROCK, TEXAS City Council Agenda Summary Sheet PURPOSE. PASSION. PROSPERITY. Agenda Item No. E6. — CONSENT Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Community Development Block Grant (CDBG) Agreement between the City of Round Rock Agenda Caption: and Williamson -Burnet County Opportunities, Inc. MeetinK Date: December 20. 2012 Department: Finance Staff Person making presentation: Cheryl Delan Finance Director Item Summary: The Community Development Block Grant Program (CDBG) was developed in 1974 and works to ensure decent affordable housing and to provide services to the most vulnerable in our communities. CDBG is an important tool for helping tackle serious challenges facing our community. To be eligible for CDBG funding, activities must meet one of the three national objectives of the program which are 1) benefit low to moderate income persons 2) prevention of slums or blight 3) meet and urgent need. This item is an amendment that extends the 2011 CDBG Williamson -Burnet Counties Opportunities sub -recipient agreement for an additional six months and change the scope of work and additional funding in the amount of $10,732.24. The sub -recipient agreement was approved by city council on January 12, 2012 by Resolution No. R -12- 01-12-10B in the amount of $58,708. Due to construction delays WBCO was unable to expend the funds on the original scope of work. The original scope of work was for the construction of sidewalks, curb and gutter at the new Head Start building. The new scope of work consists of the purchase of lighting, dumpster enclosures and a playground fence at the new Head Start building and the new contract amount is $69,440.24. Cost: $10,732.24 Source of Funds: CDBG HUD Entitlement Grants Recommended Action: Approval Q J F � � z LLMJ O :D x u om AMENDMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF ROUND ROCK AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. This Amendment No. 1 to the Community Development Block Grant Agreement between the City of Round Rock and Williamson -Burnet County Opportunities, Inc., hereinafter called "Amendment No. l" is made by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City") and Williamson -Burnet County Opportunities, Inc. ("WBCO"). WHEREAS, the City and WBCO executed that Community Development Block Grant Agreement on the 12th day of January, 2012 (the "Agreement"); and WHEREAS, the scope of the Agreement is for the Sidewalk, Curb and Gutter Program in the amount of $58,708.00, whereby WBCO will construct, or cause to be constructed, sidewalks, curbs, gutters and related appurtenances or improvements at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664; and WHEREAS, the Agreement shall expire on the 12th day of January, 2013; and WHEREAS, in accordance with Section 7.6 of the Agreement, the Agreement may be amended by the execution of an amendment by both parties within the period specified as the term of the Agreement; and WHEREAS, it has become necessary to amend the Agreement to provide for a change in the scope, amount, and expiration term of the Agreement; NOW THEREFORE, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and WBCO agree that said Agreement is amended as follows: Agreement: Section 1.1. Activities and Beneficiaries, shall be amended to read as follows: Activity #1: Construct, or cause to be constructed, lighting, dumpster enclosures, playground fence, and related appurtenances or improvements (the "Improvements") at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664 (the "Project"). 2. Section 2.1 shall be amended to read as follows: 2.1 Services of WBCO shall start on the Effective Date. This Agreement shall expire eighteen (18) months after the Effective Date, unless extended in writing by WBCO and 00263843.doc/jmr CITY, except as provided below. WBCO shall complete all services contemplated by this Agreement prior to its expiration. 3. Section III: Budget, shall be amended to read as follows: SECTION III: BUDGET T ine Item Amount Construction of lighting, dumpster enclosures, $69,440.24 playground fence, and related appurtenances or improvements at or near WBCO facilities located at 1001 E. Main Street, Round Rock, Texas 78664. 4. The Agreement is amended to replace all instances of $58,708.00 with $69,440.24. 5. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 6. Except as amended hereby, the Agreement as originally written remains in full force and effect. 7. This Amendment No. 1 may be executed in multiple counterparts, which, when combined together, shall constitute an original of this Amendment No. 1. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Amendment No. 1. 8. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment No. 1 and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, the City and WBCO have executed this Amendment No. I on the dates indicated. 2 Approved as to form: Stephan LA Sheets, City Attorney CITY: City of Round Rock ALA MCGRAW, Mayor ATTEST: • SARA WHITE • City Clerk WBCO: Williamson -Burnet County Opportunities, Inc. Name: Andrew Shell Title: Executive Director