10 28 25 HS - Sixth Amendment to PSA - FSL Home Improvements - End Date 10 01 27
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AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF TOLLESON
AND
FSL HOME IMPROVEMENTS dba ALLTHRIVE365 HI
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT (this “Sixth
Amendment”) between the CITY OF TOLLESON, an Arizona municipal corporation (the “City”) and
FSL HOME IMPROVEMENTS, an Arizona non-profit corporation dba ALLTHRIVE365 HI (the
“Vendor”), (collectively, the “parties”), is hereby entered into and shall be effective on the last
signature date set forth below.
Note: Amendment changes are noted with additions in bold font and deletions in strikeout.
RECITALS
A.
WHEREAS, the City and the Vendor entered into a Professional Services Agreement
on September 13, 2022, as amended, (collectively, the “Agreement”), the terms of which are
incorporated herein by reference, relating to the HS 22-01 Housing Rehabilitation Services
Program for the implementation and administration of owner-occupied home repair services
(“Services”).
B.
WHEREAS, the parties desire to amend the Agreement to extend the term of
Agreement, increase the insurance limit and amend the budget for the Housing Rehabilitation
Program.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
City and the Vendor hereby agree as follows:
1.
Term of Agreement. This Agreement shall be extended and remain in effect until
September 1, 2026October 1, 2027.
2.
Commercial General Liability. The first sentence of Section 11.2 (A) shall be deleted
in its entirety and replaced with the following:
“Vendor shall maintain “occurrence” form Commercial General Liability insurance with a
limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and
Completed Operations Annual Aggregate and a $3,000,000$4,000,000 General
Aggregate Limit.”
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3.
Exhibit D to Professional Services Agreement. The Housing Rehabilitation
Program Budget has increased to $555,000.00 for the costs of implementing the housing
rehabilitation program. The Community Development Block Grant (CBDG) and City funds will
provide home repairs to approximately 8 owner-occupied housing units in the City's
Redevelopment Area. The revised budget and project schedule are described in Exhibit D
attached hereto.
4.
Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
5.
Non-Default. By executing this Sixth Amendment, the Contractor affirmatively
asserts that (i) the City is not currently in default, nor has it been in default at any time prior to
this Sixth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
Sixth Amendment are forever waived.
6.
Conflict of Interest. This Sixth Amendment and the Agreement may be canceled
by the City pursuant to A.R.S. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGE(S).]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment as of the
date and year last set forth below.
“City”
CITY OF TOLLESON,
an Arizona municipal corporation
Reyes Medrano, Jr., City Manager
Date
ATTEST:
Crystal Zamora, City Clerk
APPROVED AS TO FORM:
Justin S. Pierce, City Attorney
“Vendor”
FSL HOME IMPROVEMENTS,
an Arizona non-profit corporation dba ALLTHRIVE365 HI
By:
Name:
Date
Title:
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EXHIBIT “D”
TO
SIXTH AMENDMENT OF
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF TOLLESON
AND
FSL HOME IMPROVEMENTS dba ALLTHRIVE365 HI
Housing Services – Housing Rehabilitation Budget
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City of Tolleson Rehab Program
Amount
Assumptions
CDBG Funds
City Funds
Rehabilitation Costs - includes
Construction, Hazardous Materials
Abatement, and Temporary
Relocation
$425,000.00
Contruction: Approximately 8 rehabs; Abatement for 5 of 8
homes with lead paint and/or asbestos; Temporary Relo for 2
out of 8 homes
Professional Fees and Project
Admin - includes Hazardous
Materials Testing and Clearances,
Rehab Specialist, Travel, Admin
Expenses, and Management Fees
$130,000.00
Haz Materials Test/Clearance for all homes; Rehab Specialist
time and travel expenses; Admin costs: Office supplies, audit
costs, insurance, phones, rent, printing; Management fees:
17% of Direct Construction, Haz Materials Abatement and
Testing, and Temporary Relocation
Total Expense
$425,000.00
$130,000.00 Total Budget: $555,000
AT365 will handle all aspects of testing and construction and City will handle intake and environmental reviews
AllThrive 365 Budget for OOHR CDBG funds (2025-2027)