Ordinance No. 9,486ORDINANCE NO. 9486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING ADDITIONAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO THE BAY AREA REHABILITATION CENTER
FOR THE 2001 WHEELCHAIR ACCESSIBLE NATURE TRAIL AND
PLAYGROUND PROJECT IN AN AMOUNT. OF TWO THOUSAND ONE
HUNDRED FIFTEEN AND NO /100 DOLLARS ($2,115.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF. '
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown authorizes additional
Community Development Block Grant funds to the Bay Area Rehabilitation Center for the 2001
Wheelchair Accessible Nature Trail and Playground Project in an amount of TWO THOUSAND
ONE HUNDRED FIFTEEN AND NO 1100 DOLLARS ($2,115.00).
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 12th day of December, 2002.
PETE C. ALFARO, yor
AT'T'EST:
G Y W. SNI-ITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, R City Attorney
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FIRST AMENDMENT
TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT SUB - RECIPIENT AGREEMENT
BETWEEN
BAY AREA REHABILITATION CENTER
AND
THE CITY OF BAYTOWN
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Community Development Block
Grant Sub - Recipient Agreement," between Bay Area Rehabilitation Center, a non -profit agency
hereinafter called the "Agency" and the City of Baytown, Texas, a municipal corporation,
hereinafter called the "City," for the 2001 grant year, is made by and between the same parties
on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City and the Agency did enter into a Community Development Block
Grant Sub - Recipient Agreement, for the 2001 grant year ( "Agreement "); and
WHEREAS, in accordance with the Agreement, the Agency is required to construct a
portion of Phase I of the Patsy's Destiny Wheelchair Accessible Nature Trail and Playground
with Community Development Block Grant ( "CDBG ") funds; and
WHEREAS, the grant funds are to be used to develop a '/o -mile, 5 -foot wide cement
nature trail, which is fully wheelchair assessible and which will wind through a 7 -acre wooded
site on Decker Drive next to the Agency's outpatient therapy building; and
WHEREAS, the Agency obtained competitive bids for the project; and
WHEREAS, the Agency awarded a contract to the lowest bidder for the work at an
amount which exceeded the funding provided for in the subrecipient agreement by TWO
THOUSAND ONE HUNDRED FIFTEEN AND NO /100 DOLLARS ($2,115.00); and
WHEREAS, the Agency has requested the City through the CDBG Program to increase
the award under the Agreement by TWO THOUSAND ONE HUNDRED FIFTEEN AND
NO 1100 DOLLARS ($2,115.00); and
WHEREAS, on November 11, 2002, the Community Development Advisory Committee
reviewed the Agency's request for additional funding and recommends the increase; and
First Amendment to the Community MEf+ A
Development Block Grant Agreement, Pam
WHEREAS, the City and the Agency now desire to amend the Agreement in order
increase the grant award by TWO THOUSAND ONE HUNDRED FIFTEEN AND N01100
DOLLARS ($2,115.00) to complete the project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1.
Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Agreement.
III
Article Il "Services," Section 2.1 of the Agreement is hereby amended to read as follows:
2.1 For the sum of $52,115 (see attached budget proposal Exhibit B) the
Agency shall perform all work and shall take all actions and incur all costs
necessary for adequate implementation of the project(s) as outlined in the
Scope of Services. The Scope of Services cannot be modified without the
prior written concurrence of the Director of Planning and Community
Development or his designee (the "Director ").
Ill
Exhibit `B" of the Agreement is hereby amended to read as follows:
85001 Construction
EXHIBIT "B"
Proposed Budget Summary
IV.
$52,115
The provisions of this Amendment and the provisions of the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this Amendment and the provisions of the Agreement,
the provisions of this Amendment shall control.
•
First Amendment to the Community
Development Block Grant Agreement, Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same amendment, this 12`h day of December, 2002.
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
ATTEST:
Signature Date
Printed Name
Title
CITY OF BAYTOWN
GARY JACKSON, City Manager
I
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First Amendment to the Community
Development Block Grant Agreement, Page 3