HomeMy WebLinkAboutContract 23885 3�
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Cate Approved By C(Alncil
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C,ty Secretary -
STATE OF TEXAS � T e �
F �Ll 1
COUNTY OF TARRANT
THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and
through Libby Watson, its duly authorized Assistant City Manager, anc''he %tchell Boulevard Development
Corporation ("MBDC" or "Contractor'), by and through Gerald Shaw, its duly authorized Chairman.
Contractor's business address is 2517 ThGnniscb Avenue, Fort Worth, Texas 76105.
WHEREAS, the City of Fort Worth has received grant monies from the United States Department of
Housing and Urban Development ("HUD") through ;:he Community Development Block Grant ("CDBG")
and,
WHEREAS, the primary purpose of the CDBG Program is the development of viable urban
communities, by providing decent housing, a suitable Living environment and expanding economic
opportunities, principally :`or persons of low and moderate income; and
WHEREAS, the citizens of Fort Worth and the City Courcil of Fort Worth have determnined that
neighborhood revitalization is needed to assist persons of low and moderate income in Fort Worth and have
designed the Model Blocks Program as a Diimary means of assisting those neighborhoods to achieve
mvitaiization:_ and
'atl'HF_REAS, fife Mitchell E3ouievard Neichboshood Asscciation was seieoited in September. 1996, to
receive a Model Blocky award of$1.2 million fur E ic:ighborhood revitalization, and
WHEREAS the neigi.borhood has adopted a co nprehensive revitalization stratec°y for the area and
created a local community development corporation to carry out that plan;
NOW, THEREFORE, THIS AGREEMENT FURTI !ER WITNESSETH: ---- --°`° r
That, the parties covenant and agree as follows:
1.Scope of ervices
i rye City hereby certifies t lat Contractor is a 501(c)(3), nor,-profit, development corporation
responsible for implementing the neighborhood revitalization strategy for Mitchell Boulevard Model
Blocks area_ The MBDC will offer housing, community fe-cilitias, and public services in keeping with the
comprehensive revitalization strategy developed for the area. The contract period shall be for a term of two
years, with a performance review to be conducted by the City of Fort Worth at the end of the first year.
Program measures are contained in EXHIBIT"A" -PROGRAM SUMMARY.
MBDC,will act in accordance with EXHIBIT"B" -PROGRAM TIME (LINE.
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Funding and Reports
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Clty wiii provide the MBDC with CDBG monies In an amount not to exceed a kotal of former
hundred sixty-five thousand,two hundred dollars($465,200).
Of the total amount of$465,200, Contractor agrees that program funds for houshig shall not exceed
one-hundred siht�j triousand, two hundred dohs,s ($160,200), that program funds for public services shall
not exceed five thousand dollars ($5,000) and that program finds for community facilities shall not exceed
two hundred th;,rty thousand dollars ($2130,000).
Of the total amount, Contractor further agrees that funds for operations and administration may not
exceed seventy thousand dollars ($70,000). Of these funds, forty thousand, nine hundred seventy-one
dollars ($40,971) shall be for operating support of housing programs. twenty-eight thousand, four hundred
sixty dollars ($28,460) shall be for operating support of community facilities programs and five hundred sixty-
nina dollars (569) shall be ;'or operating support of public service programs. Funds for program operations
and administration will be expended in accordance with EX"MIT "C"- OPERATING BUDGETS.
Contractor may not increase or decrease line-item amounts in its budget for operation of programs without
the prior written approval of the City. Contractor may obtain an initia', advance equal to one-twelfth of the
total amount available from operating support funds.
Contractor will notify the City promptly of any additional funding it receives for operation of the
Program. and City reserves the right to amend the program budget in such instances.
Contractor YAII not commingle CDBG monies wKh any other funds in any manner which would
prevent the City from readily identify'Ir<j program expenditures fcr operation of the Program.
1. CDBG Housing Funds
1.1. Revolving Loan Fund. From the one hundred sixty thousand, two hundred dollars ($160,200)
Housing allocation, the Contractor will establish and maintain an amount of funds not to
exceed forty-five thousand dollars($45,000) in revolving loan funds, fr)m which it will provide
for housing purchase/rehab/resale, lot acquisition for !n-fill construction and exterior home
improvement projects. All principal and interest received by Contractor shall be retumed to
the revolving loan fund,to be used for future loans.All activities carried out through the use of
these funds must conform to rules and regulations as set forth in 24 CFR 570.
1.2. Housing Support Fund. The City mill provide Contractor with monies in an nrnount not to
exceed a total of forty thousand, nine hundred seventy-one dollars ($40,971) to cover the
cost of operating the Housing Program. Such monies will be disbursed to Contractor on a
cost reimbursement basis following receipt of Contractor's monthly Request for Funds.
2. CDBG Community Facilities Funds
2.1. From the$230,000 community facilities allocation,the Contractor will establish and
maintain an amount of funds not to exceed$45,000 in a revolving loan fund from which it Wit
provide acquisition and development costs for community facilities. The MBDC itself may
A-aw from this fund for the acquisition and rehabilitation of office facilities. —1 hese activities
Must conform to rules and regulations as set forth in 24 CFR 570.
2.2, Community Facilities Support Fund, The'City will provide Contractor with monies in an
amount not to exceed a total of twenty-eight thousand, four hundred sixty dollar-, ($28,460) to
cover the cost of operating the 'Community Facilities Program. Such monies will be disbursed
to Contractor on a cost reimbursement basis following receipt of Contractors monthly
Request for Funds.
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3. CDBG Public Services Fund
�.1. Public Services Fund. The City will provide Contractor with monies in an amount not to
exceed five thousand dollars ($5,000) to be used for marketing the Mitchell Boulevard area
LO potential homeowners, businesses and investors through the use of electronic, print and
other available media.
3.2. Public Services Support Fund. The City wi;l provide Contractor with mortiQs in an amount
not to exceed a total of five hundred sixty-nine dr.11ars ($569) to cover the cost of operating
the Public Services Program. Such monies will be disbursed to Contractor on a cost
reimbursement basis following receipt of Contractor's monthly Request for Funds.
3, Unifo,Tn Administrative Requirements and Cost Principles
A. Contractor shall comply with the Office of Management and Budget Circulars A-110, A-133
and A-122, as applicable.
B. The allowability of costs incurred fat performances rendered hereunder by Contractor shall
be determined in accordance with OMB Circular A-122. City shall be liable to Contractor only for costs
incurred or performances rendered for activities specified in 24 CFR, Sec. 576.2.1 (a), (b)or(c), any contrary
provisions in this agreement notwithstanding.
C. Recipients, subrecipients, contractors and/or subcontractors which are governmental entities
shall comply with the requirements and standards of OMB Circulars A-87, A-128 and with 24 CFR, Part 85.
4. Recordkeeping
Contractor will cooperate fully with the city it monitoring the prog,am. In this regard Contractor
agrees to keep T ecords sufficient to document its compliance with all applicable laws, regulations and
contract terms. In addition, Contractor agrees to keep records to fully document all expenditures charged to
the :CBG program. The documentation must support the amounts charged to the Program and
demonstrate that the expenditures were appropri,.,e to the stated goals of the Program and allowable under
applicable Federal, Stale and City guidelines. Al records pertaining to this shall be retained for five (5)
years following the date of termination of this contract. Contractor may destroy program records at the end
of this five(F)')year period if no outstanding audit finding exists. City, HUD and the United States Comptroller
General, or the±,represenfiatives, sha!1 have ac eess to anY books, documents, records and papers relating
to the operatons of Contractor under this contract for the purpose of audit, examiration, exception acid
transcription at all reasonable !mourn at all offices of Contractor. The City reserves the right to perform an
audit of the funds received under this contract in order to ensure Contractor's compliance with applicable
federal regulations.
6. Reports and Audits
Contractor will submit to the City monthly activity reports of the services provided by Contractor as a
re_u!t of this contract which relate to the program in any way for a period of two (2) years, with the first
&port due June 15, 1998 and successive reports due on the W'day of each month thereafter.
City reserves the right to perform an audit of Contractors program operations and finances at any
time during the term of this contract, if the City determines that such audit is necessary for the Citys
compliance with OMB Circular A-128; Contractor agrees to allow access to all pertinent materials as
described above.. if such audit reveals a questioned practice or expenditure, such questions must be
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resolved within fifteen (15) days after notica to Contractor of such questioned practice or expenditure. If
questions are not resolved within this period. the City reserves the right to wi0hold further funding under this
and/or future contract(s).
If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated
all or any part of the grant funds described herein, Contractor agrees to reimburse to City the amount of
such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other
charge levied against the C+y because of such misuse, misapplication or msapprop iation.
6. Reversion of Assets
Contractor agrees to return to the City any CDBG funds remaining on hand at the end of the
contract.
All property purchased with CDBG funds under this contract will be used solely for operation of the
program. Contractor agrees to obtain the City approval prior to purchase of property. Contractor agrees to
notify he City upon receipt of property so that it may be properly tagged and inventoried. Title to such
property will be vested with the City, and, at the ten-nination of the program for which CDBG funds have
been received, Contractor will deliver all such property to the City;for disposition at the City's sole discretion.
,he City may at its discretion allow the Contractor to retain property it has purchased with CDBG
funds so long as they are used by the Contractor for the same basic purposes that we;e originally funded by
CDBG funds.
7.Applicable Laws
A. Federal
Contractor agrees to comply with the following laws and ti-te regulations issued thereunder as they
are currerty written or are hereafter amended during performance of this contract-,
Title V1 of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
Title VIII of the Civil Rights Act of 1968(42 USO 3601 et seq.)
Executive Orders 11063, 11246, as amended by 11375 and as supplemented by
Department of tabor regulations(41 CFR, Part 60)
The Age Discrimination in Employment Act of 1975(42 USC 6101 et seq.)
Immigration Reform and Control Act of 1986, (Pub. L. 99-603,
100 Stat. 3359, as amended), specifically including the provisions requiring employer verification
of the regal worker status of its employees
Housing and Community Development Act of 1987(Pub. L. 100-242, 101 Stat. 1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 1210'1 et seq.)
Contractor, in the operation of its Program will also comply with Office of Management and Budget
Circula,A-122 and attachments and revisions thereto, regarding principles for determining costs for CDBG
fi-ir,ded programs.
e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701
As the work to be performed under this contract is on a project assisted under a program provide ig
dir:?ct Federal financial assistance from the Department of Housing and Urban Development and is subject
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to the requirements of Section 3 of the Housing and Urban Development Act if 1968, as amc nded, 12 USC
1701, Contractor covenants to abide by the requirements of the said S--,r-bon 1 It requires zs foilows:
(a) That, to the greatest extent feasible, opportunities for training and employment be given lower
income residents of the project area, and
(b)That, to the greatest extent feasibie, contracts for work in connection with the project be awarded
to business concerns which are located In or owned in substantial part by persons residing in
the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations issued puns, an:
thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135 and all applicable
rules and orders of the Department issued thereunder prior to the execution of this contract Contractor
certifies and agrees that it is under no contractual or other disability which woo!;d prevent it from complying
with these requirements.
'Contractor agrees that it will send to each labor organization or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said
i labor organization or workers rep-esentatives of its commitments under this Section 3 clause and shall post
copies of ,he notice in conspicuous places available to emr!oyees and applicants for employment or
training.
Contractor agrees that it will include the said Section 3 clause in every subcontract for work in
connection vAth, the project and will, at the direction of the City, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any
subcontractor w here it has notice or knowledge that the latter has been found in virniation of regulations
under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor
with a preliminary statement of ability to comply with the requirements of these regulations.
City and Contractor understand and agree that compliance with tr,3 provisions o1 Section 3, the
regulations set forth in 24 CFR 135, and all applicable ales and orders of the Department issued thereunder
prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the
project, binding upon the City and thr, Contractor, and their respective successors, assigns and
subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its
succes so:s and assigns, to those sanctions specified by the Grant Agreement through which Federal
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assistance is provided and to such sanctions as are specified by 24 CFR 135.
C. Clean Air Act; Cleary Water Act; Environmental Protection Agency Acts and Regulations
This agreement is subject to the requirements of Section 306 of the Clean Air Act, as amended (42
j USC 1857(h) Pt sect.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as
f amended (33 USC 1251 et , Qq.) and the regulations of the Environmental Protection Agency with respect
thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.).
In �mmpliance with said regulations, Contractor agrees and,with respect to ?.-iy nonexempt transaction, shall
require each subcontractor to agree to t,ie following requirements:
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(1.) A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract
work is included cxi the List of 'Vio ating Facilities issued by the Environmental Protection Agency (EPA)
Pursuant to 40 CFR t 5.10:.
{ —ompliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USG
I k337c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating
to inspecticn, monitoring, entry, reports and information, as well as all other requirements specified in said
Section 114 and Section 308 and all regulations and guidelines issued hereunder,
(3.) A stipulation that, as a condition for the award of the contract, prompt notice will be giver of any
notification received from the Director, Office of Fedorai Activities, EPA, indicating that a facility utilized or to
be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities,
(4.) Agreement by Contractor that it will include or cause to be included the criteria and requirements in
Paragraphs (A) through (D) of this section in every nonexempt subcontract, requiring That Contractor will
take Stich action as the City may direct as a means of enforcing such provisions.
(5.) In no event shall anv amount of the assistance provided under this agreement be utilized ;'rite
respect to a facility which hps given 9se to a conviction under Vie Clean Air Act or the Clean Water Act.
D. Other Laws
Contractor covenants and agrees that its officers, members, agents, emp+)gees, program
p;rticipants and subcontractors shall abide by and comply with all other laws, Federal, State and local,
relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort
Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat 633,), as
amended, and all regulations pertaining thereto. Contractor further promises and agrees that rt hei read,
and is familiar with, terms and conditions of the Community Development Block Grant under !vhich funds are
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granted and that it will fully comply with same. It is agreed and understood that, if the City calls the attentio:l
of Contractor to any su h violations on the part of Contractor or any of its officers. members, agents,
employees, program participants or subcontractors, then Contractor shall immediately desist from and
correct such violation.
8. Prohibition Against Discrimination
A. Generally
Contractor, in the execution, performance or attempted performance of this contract and a,,,'eement,
will not unlawfully discriminate against any person cr persons because of sex, race, religion, age, disability,
color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors
or program participants to engage in such discrimination.
B. Employment
During the performance of this contract Contractor egrees, and will require all of its subcontractors to
agree, as follows:
(1) Contractor will )ot unlawfully discriminate against any employee or applicant for employment
because of sex, race, religion, age, disability, color or nation origin. Contractor will take affirmation action to
ensure that applicants are employed and that employees are treated during employment without unlawful
regard to their sex, race, religion, age, disability, color or national origin. Such action shall include, but not be
limited to, the following- employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compen3ation,- and selection for training, including
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apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for
employment notices setting forth the provisions of Lhis nondiscrif ninaJon clause.
('onlractor will, in all solicitations or advertisements for employees placed by or on behalf of
(;ontractcr, state that ali quaiffea applicants will receive consideration for employment without regard to
sex, race, religion, age, disability, color or national origin,
C. Age
in accordance with the policy of the Executive Branch of the Federal government, Contractor
covenants 1."iat neither it not, any of its offic,3rs, members, agents, ernployl-es, program participants or
.,3ubcontractors, while t�ngaged in performing this contract, shall, in connection vith the employment,
advancement or discharge of employees or in connection with the terms, conditions or privileges of ffieir
employment, discriminate against persons because of theil, age, exrept on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or
adverflSSMPrii 3 for employees to work on this contract, a maximum age limit fcr such employment unless
the specified rnaximurn age limit is based upon a bona fide occupational qualification, retirement plan or
statutory requiremient.
D. Disability
In accordance with the provisions ef the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any C&fl all of its subcontractors will not unla,�ffiilly discriminate on the basis of disability in
the provision of services to the general public, nor in the availability, tenns and/or conditions of employment
for applicants for employment with, or employees of Contactor or any of its subcontractors. Contractor
warrants it will fully comply with ADNs provisions end any other applicable Federal, State and local laws
concerning disability and will defend, indemnify and hold the City harmless against any claims or allegations
asserted by third parties or subcontractors against the City arising out of Contractors and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability discilmination
in the performance of this agreement,
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City Ordinances
This agreement is made and entered into with reference specifically to the ordinances codified at
Chapter 17, Article III, Division 3 ("Uscrimination in Employment Practices"), of the City Code of the City of
For', Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents,
employees and subcontractors, have fully complied with all provisions of same and that no employee,
employee-applicant or program participant has been discriminated against oy the terms of such ordinances
by either the Contractor or its officers, members, agents, employees or subcontractors.
9.Prohibition Aciainst Interest
No member, officer or employee of the City or its designeeq or agents.- no member of the governing
body of the locality in which the program is situated; and no other public official of such locality or localities,
who exercises any functions or respinsibilifies with respect to the program funded hereunder during his or
her tenure of,for one year thereafter, shall have any interest, direct or indirect in any contra,,t or subcontract,
or the proceeds thereof, for work to be perfon-ned hereunder. Conti-actor shall incorporate, or Cap se n be
incorporated, like language prohibiting such interest in all contracts and sLb,-,ontra;-ts hereurlder. i
No officer, employee, member or program pw-ti cipant of Contractor or its subcontractors shall have a
financial interest. direct or indirect, in this contract or the monies transierred hereunder or be financially
interested, directly or indirectly, in the sale to '-" Untractor of any land, materials, supplies or services
purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee,
member or program, participant. Any willful violaticri of this paragraph with the knowledge, expressed or
implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth.
10. Non-Assignment
Contractor wilt' not assign any or all of its rights or responsibilities under this contract without the prior
written approval of the City. Any purported assignment wiffiout such approval will be a breach of this
contract and void in all respects.
11. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an officer, agfnt,
servant or employee of the City. Contractor shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, licensees or invitees- The doctrine of respondent supenor shall not
apply as between the City and Contractor, its officers, members, agents, serfants, employees,
subcontractors, program participants, licensees or invitees, and nothing hereir. shall be construed as
creating a partnership or joint enterprise between the amity and Contractor. It is expressly understood and
agreed that no officer, me,nber, agent, employee, subcontractor, licensee or invitee of the Contractor, nor
any program participant hareunder, is in the paid service of the City and that tsie City does not have the legal
right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents,
employees, subcontractors, program participants, licensees or invitees.
City shall in ra way nor under any circumstances be responsible for any property belonging to
Contractor, its officers, members, agents, employe", subcontractors, program participants, licensees or
invitees, which may bK lost, stolen, destroyed or in any way damaged; and Contactor hereby indemnifier
and holds harmless the City and its officers, agents, and employees fron't and against any and all claims or
suits.
11.1ndemnav: Insurance
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City and its officers, agents, servants and employees from and against any and all claims or suits for
property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of or in connection with the execution, performance,
att�3mpted performance or nonperformance of this contract and agreement and/or the operations, activities
and services of the program described herein, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, cont-actors or subcontractors of the City. Contractor
hereby assumes all liability and responsibility of the City and its officers, agents, servants, and employees for
any and all d3iMS or suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the
execution, Performance, attemoted performance or nonperformance of this contract and agreement and/or
the operations, activities and services of the programs described herein, whother or not caused in whole or
in part, by alleged negiigence of officers, agents, servants, employees, contractors or subcontractors of"he
City, Contractor likewise covenants and agrees to and does hereby indemnify wid hold harmless City m
and against any and all injury, damage or destruction of property of Cit'v, arising out of or in connection with
ail acts or omissions of Contractor, its officers, members agents, employees, subcontractors, invitees,
licensees, or program participants, or caused, in whole or in part by afloged negligence of olffloeis, agents,
sorvants, employees, contractors or subcontractors of the City.
13.Waiver of IMMun*r_N
If Contractor, as a charitable or nonprofit organization, has or cAaims an immunity or exemption
(statutory or othervOse) from and against liability for damages or injury, including death, to persons or
property, Contractor hereby expressly waives its rights to plead defensively such in,munity or exemption as
against Ciq,. This section shall not be construed to affect a governmental entity's immunities under
constitutional, statutory or common law.
14. Public Liability Insurance
Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of
public liability and automobile liability insurance covering all risks incident to or in connector, with the
execution, perforrmance, attempted performance or nonperformance of this contract and agreement.
The amounts of such insurance shall not be less than the maximum liability which can be imposed
on the City Linder the laws of the State of Texas. Ac present, such amounts shall be as follows:
Property damage, per occurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury or death, per occurrence $500,000,
with the understanding and agreement by Contractor that such insurance amounts shall be revised
upward at the City's option and that Contractor shall revise such amounts within thirty (330) days following
notice to Contractor of such requirements.
Contractor also covenants and agrees to furnish the City of Fort Worth with a certificate of insurance
as proof that it has obtained and paid for a policy of Workers' Compensation Insurance in the amounts
required by state law, covering any and all employees of Contractor active in the program funded under this
contract; and Contractor agrees to require its subcontractors to carry adequate Workers' Compensation
Insurance in the amounts required by state I&-N.
Contractor will submit to the City documentation that it has obtained insurance coverage and has
exe-.uted bonds as required in this contract,within thirty (30) days of the execution of this contract and prior
to payment of any monies hereunder.
15. Termination
('It,v may terminate this contract in event of Contractors default, inability or failure to perform or to
comply with any of the terms herein, or for other good cause. Likewise, the contract may be terminated by
Contractor if the City does not provide funds pursuant to this agreement. The c;ontraGt may be terminated for
mutual convenience upon agreement of the parties.
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The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial
i funding for Contractor's program operations. If non-CDBG funds included ir, the operating budget are not
forthcoming, to Contractor during the contract term, the City ri-ray terminate¢his contras.
CDBG funds provided hereunder may no, be used as coliateral for loans to Contractor to defray
program operation expenses, ai id any attempted use of CDBG funds for this purpose will result in
tem?ination of this contract by the City.
ermination will be effected by vvaritten notice to Contractor, specifying the portions of the contract
affected a,id the effective date of termination. Upon Contractor's receipt of arch termination notice,
Contractor will:
(a) Stop work under the contract on the date and to the extent specified by the City;
(a) Cease expenditures of CDBG monies, except as necessary for completion: of the portions of
the contract not terminated: and
(c) Terminate all orders and contracts to the extent that they relate to terminated portions of the
contract.
Contractor will return to the City any unused monies previously distributed under this contact within
thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for
Contractor's expenditures or actions occurring after the effective date of contract termination.
16.Certification Regarding Lobbying
The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge
and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant the making of any
Federal loan, the entering into of any cooperative agreement ana the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement
(b) tf any sands other than Federal appropriated funds have been paid cr will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard
Form-LLL, "disclosure Form to Report Lobbying,"in accordance with its instructions.
(c) The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
r 17. Miscelianeous Provisions
It is expressly understood and agreed by and between the parties hereto that this agreement is
wholly conditioned upon the actual receipt by the City of CDBG funds: that all monies distributed to
Contractor hereunder shaii be exclusivc;1 from r 'Aral monies received under said grant and not from any
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monies of the City, and 4,;"at it such funds under said grant are not firnely forthcoming, in whole or in part, tite
City may, at its sole discretion, terminate this contract and agreement and the City shall not be liable for
Payment for any work or services performed by Contractor under or in connection,.Mth this contract.
All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way
paid with CIDBG funds or who perform any worK in connection with Contractor's program.
The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph
or other part of this agreement shall be determined tc be invalid by a court or Federal or State agency,
board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
The failure of the City to insist upon the performance of ary term or provision of this agreement or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the
City's right to assert or rely upon any such term or right on any future occasion.
Should any action, whether real or asserted, at law or in equity, arise out of the execution
performance, at.empted perfonriance or nonperformance of this contract and agreement, venue for said
action shall lie in Tarrant County,Texas.
This written instrument and the exhibits attached hereto, which are incorporated by reference and
m-de a part of this contract for ali purposes, constitute the entirs agreement between the parties hereto
concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms
of this contract must be in writing and must be approved by both parties to this contract. The terms of this
contract may be amended as approved by both parties to the contract.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in Fort Worth, Tarrant Ccunty,
Texas,this day of A.D. 19-9,.
APPROVED AS TO FORM AND LEGALITY:
By: r� G
Assistant City Attorney
k
ATTEST: CITY OF FORT WORTH
BY `.Ed'.�
City Secretary
By: C
Libby Watson,Assistant City Manager
Contract A tho ization
Date
ATTEST: MITCHELL BOULEVARD
k,
DEVELOPMENT GORPORATION
all
f r
----�`
Gerald Shaw,Chairman
12
STATE OF TFXP,S §
i:OUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on leis day personally appeared
Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort
Worth for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,f 1 day A,D. 19 .
a' Y ��d�T�i.iJ1 BARNES _ 'a-'�U_ •L.,. / t%�9.`-,U' rte.
NOTARY PUBLIC Notary Public in and for the State of Texas
State of Te:A;as
o{1r Comm, Exp.03-31.2001
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personalty appeared
Gerald Shaw, known to me to be the person whose dame is subscribed to the foregoing instrument,and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the Mitchell
Boulevard Development Corporation,and in the capacity therein stated as its duty authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this' day of ,A D, 19�r�
::rye• y=CW,:a Notary Public in a r the State of Texas
13
EXHIBIT A
MITCHELL BOULEVARD DEVELOPMENT CORPORATION
PROGRAM SUMMARY
Program Title
MITCHELL BOULEVARD NEIGHBORHOOD REVITALIZATION STRATEGY
DESCRIPTION:
The Mitchell Boulevard Development Corporation (MBDC) will provide staff, facilities, development
services, acquisition and rehabilitation to implement the neighborhood revitalization strategy in the areas of
housing, coni uni!y facilities and public services .
The period of performance is two years from the date of contract execution..
PROGRAM OBJECTIVES:
To effect community development of the Mitchell Boulevard Model Blocks as outlined in the neighbo-Atood
revitalization strategy for the area, the MBDC will undertake the following programs: COMMUNITY
FACILITIES by 1) acquisition and rehabilitation of community facilities 2) Assisting the expansion or
establishment of area businesses within these facilities. HOUSING through 1) housing site acquisition 2)
acquisition, rehabilitation and resale of homes to low and moderate income families 31 a matching grant
program for exterior home improvement. PUBLIC' SERVICES by 1) marketing the area's assets to potentiai
businesses, homeowners and investors.
PROGRAM MEASURES: Estimated Estimated
1998 1999
Community Facilities
1. Acquisition and Rehabilitation of community facility 1
2. Assist expansion or establishment of businesses within 3
community facility
Housing
1. Acquisition, rehabilitation and resale of hoanes located I homes 3 homes
within the Model Blocks to low and moderate income
families
2. Acquisition of sites for new home construction. 4 sites 4 sites
Public Services
1. Develop a neighborhood newsletter
2. Produce print and electronic publicity materials
14
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EXHIBIT"G"
MBDC OPERATING BUDGET FOR PERIOD II? -DEC 1998
Total CL 3G Other Sources
Bud et ; Bud e:
t} [B] [C] [D] [El
HOME Fundraising Dev. Fees
CHDO
PlTRt ai�;kf~ 5EU1:
23,500 $
Salaries $18,000 $18,000
FICA 1500 $1,500
Health Insurance
Life Insurance
Unemployment-State ;$
Unem to rnent-Federal
Worker's compensation
Retirement
Misc. Fringe Benefits
Of Supplies $200 $200
Postage $200, $200
Other Operating Supplies $100 $100
Teaching Aids
O T `:I;T f� :XM4.\ ik✓ -!K.::i:�: <�.
424.0119 4 .$g�::'p :` :;:'..... ........ ... .VI ..P...:...:!-':.
Telephone $790 $590 $200
Electric $1,029
Gas utif' $ .
Water[Waste $25t?' $250
Rent :.
Custodial Services $50t1 $500
Office Equipment 41CM $13,000
'—', 000
Printing €' 0 $1,050 $$200
Repairs
Fidelity Band $300', $200 $100
Liability Insurance $5q0 $500
Consultant Fee
v 700. $1,100
Legal &Accounting $15t1rJ $1,000 $500
Other Professional Services
1 Private Auto Allowance-local $800 $St1q
Private Auto Allowance-Other
Leased Vehicle Charges
Gasoline, Oil & Lube
Conference & Seminars $1,500 $1,000 $500
j. Indirect Cost ::$500 $500
MAPiTAt QUT#.A $4,70Q .....n:. .;-
I and _ $
Furniture & Fixtures $4,700 $4,700
Office Equipment Rental $
TOTAL_ $48,219 $45,219 $ $3,000 $
A ,, i,
EXHIBIT"C"
MBDC PROPOSED OPERATING BUDGET FOR PERIOD JAN -DEC 3999
7otai GDBG Other Sources
t3udt ,:! Budget
HOME Fundraising Developmnt_
CHDO Fees
PERSQNIVEL COST " $38,15 $17,701 $17;224 $ $31230
Salaries $3.1'$00 $12,500 $16,000 $3,000
FICA $21.0< $956 $1,224 $230
Health !nsurance $bat; 650
Life Insurance :
Unemployment-State $600
Unem o ment-Fed,�rai $600
Worker's compensation $40Q
Retirement
Misc. Fringe Benefits
s'1 Q0
Offce Su lies $700 $500
Posta 2 $400 $SQO
Other Operating supplies $500
Teaching Aids _....:5<........'»
CONTRACTUAL SE�CES1 $30 �5 yt30 571700 $4 725 .. $1;1%'2.5:
Telephone $1000
Electric $ ; $1,000 $225
Gas(utility)
Water/Waste $500
Rent ----
Custodial Services =<'' ?f3Q $500 $500
Office Equipment
$1,000 $2,000 $1.000
Printing ` >> r30>l $300 $500 $500
Repairs
Fidelity Bond $ O(!' $500
Liability Insurance _ 5 'ta0t1' $500 $504
Consultant Fee 5 .o(3 $1,000 $1,000
Legal &Accounting1r?t00 $1,400
Other Professional Services $SQQ $500
Private Auto Allowance-local $46f3. $4$Q
Private Auto Allowance-Other
Leased Vehicle Charges
Gasoline, Oil& Lube
Conference &Seminars $300 $1,000 $1,000
Indirect Cost $1;625 $504 $1,125
CAPITAL OUTLAY
Land �-
( Furniture & Fixtures $2'C100 $2,000
Office Equipment Rental $ >
TOTAL $61`585 $24,781 326,224 $6,225 $4,355
x
18
City of Fort Worth, Texas
moor and cou"Cil com-muni n ion
DATE REFERENCE NUMBER Loc NAME PAGE --�
1/27/98
G-12115 05MITCHF-.LL 1 of 3
SUBJECT REQUEST FOR APPROVAL OF THE MITCHELL BOULEVARD COMMUNITY
REVITALI7-ATION STRATEGY AND ALLOCATION OF UNDESIGNATED FUNDS FOR
ITS IMPLEMENTATION
r
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Allocate $496,500 in previously Undesignated Community Development Block Grant (CDBG)
funds, Year XXlil Model Blocks in the following manner; and
A. Transfer $160,200 Model Blocks funds to the new Mitchell Boulevard Community
Development Corporation (CDC) Housing Development and Rehabilitation Program
Center;
B. Transfer $40,971 Model Blocks funds to the new Mitchell Boulevard CDC Housing
Development and Rehabilitation Operating Support Center;
C, Transfer$5,000 Model Blocks funds to the new Mitchell Boulevard CDC Public Services
Development Center;
D. Transfer $569 Model Blocks funds to the new Mitchell Boulevard CDC Public Services
Operating Support Center;
E. Transfer $230,000 Model Blocks funds to the new Mitchell Boulevard CDC Community
Facilities Center;
F. Transfer $28,460 "Acdel Blocks funds to the new Mitchell Boulevard CDC Community
Facilities Operating Support; and
G. Transfer $20,000 Model Blocks funds to the new Mitchell Boulevard Community Park
Center; and
H. Transfer $11,300 Model Blocks funds to the new Mitchell Boulevard Home Improvement
Loan Program Center.
2. Include the Mitchell Boulevard Community Revitalization Strategy in the City's Consolidated
Plan; and
3. Execute a contract with the Mitchell Boulevard CDC in the amount of $465,200 to implement the
revitalization strategy for the Mitchell Boulevard Model Blocks area over a two-year period
extending from the date of the signing of the contract. (Of the 496,500 total, $20,000 will be
managed by the Parks & Community Services Department for neighborhood park development
and $11,300 will be managed by the Housing Department for the Home Improvement Loan
Program).
f
DISCUSSION:
On June 1, 1997, the Mitchatl Boulevard Neighborhood Association received official designation as a
Model Blocks Program area and an award of $1.2 million. Of the $1.2 million, only $820,183 is
presently available of which $323,683 was appropriated for housing activities and $496,500 was set
aside, pending completion of the revitalization strategy. The remaining balance of$379,817, when it
becomes available from 1998 Community Development Block Grant funds, will be spent for housing
development programs ($199,817), community facilities development ($20,000), neighborhood parks
City of Fort Worth, Texas
"affor and council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/27198 G-12115 05MITCHELL 2 of 3 j
SUBJECT REQUEST FOR APPROVAL OF THE MITCHELL BOULEVARD COMMUNITY
REVITALIZATION STRATEGY AND ALLOCATION OF UNDESIGNATED FUNDS FOR
ITS IMPLEMENTATION
($80,000), and infrastructure improvement ($80,000). The Association plans to work closely with the
City to achieve greater improvements of streets, sidewalks, curbs, gutters and street lighting in the
community.
The revitalization strategy has been approved by the Model Blocks Steering Committee. A public
hearing was conducted in the neighborhood on November 20, 1997. This was the first of two public
hearings required before the strategy may be included in the City's Consolidated Plan. The second
hearing will be before City Council.
The Mitchell Boulevard Community Development Corpo€ation has applied for non-profit status and will
subsequently seek certification as a Community Housing Development Organization (CHDO) and a
Community Based Development Organization (CBDO) in order to fully execute its revitalization
strategy.
Summary of the Revitalization Strategy.
The areas identified as most critical to the success of the revitalization strategy include:
1. Housing development and rehabilitation; and
2. Commercial development; and
3. Infrastructure improvements.
Housing activities will include construction of new homes on currently city-owned, vacant lots and the
acquisition of additional lots for new home construction. The strategy also calls for the purchase and
rehabilitation of eight existing homes for resale to low and, moderate income families. The community also
plans to make matching grants of up to $1,000 per structure to homeowners who will invest in improving
the exterior of their homes.
To address the lack of basic retail and commercial services, the community plans to purchase and
rehabilitate an existing commercial structure and encourage businesses to locate in it, through various
forms of incentives. Two-hundred thirty thousand ($230,000+` ',,as beer, allocated for this project. It is
envisioned that a police storefront will also be housed within °' structure.
PROGRAM BUDGET
Program Items Funds Allocated
Housing
Housing Purchase, Rehabilitation and Resale $ 100,000
Purchase of Vacant Lots for Infili Construction $ 40,200
Exterior Home Improvement Grant Program $ 20,000
Home Improvement Loan Program $ 11,300
Sub Total $ 171,500
n' •
City of Fort Worth, Texas
4 agar and Council o unication
_
DATE REFERENCE NUMBER LDG NAME F3C
1/27/98 G-1211 05MITCHELL 3 of 3
SUBJECT REQUEST FOR APPROVAL OF THE MITCHELL BOULEVARD COMMUNITY
REVITALIZATION STRATEGY AND ALLOCATION OF UNDESIGNATED FUNDS FOR
ITS IMPLEMENTATION
Community Facilities
Commercial Development $230,000
Neighborhood Faris Development $ 20,000
Sub Total $250,000
Pvblic Services $ 5,000
Marketing Area to Prospective Residents and Businesses
Administration: CDC Operating Expenses $ 70.000
TOTAL $496,500
The Mitchell BoulEdard Model Blocks is located in COUNCIL DISTRICT 8.
This recommendation was approved by the Safety and Community Development Committee at its January
13, 1998 meeting.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that upon approval of the above recommendations, finds will be
available in the current operating budget, as appropriated, of the Grant Fund.
LW:m
>x
t
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office 6y: (to)
GR76 539120 005206112750 $160,200
Libby Watson 6183 GR76 539120 005206112760 40,971
Originating Department Head: GR76 539120 00.5206112770 r 5,000 APPROVED
GR76 539120 005206112780 1 $ 569 T +rI "I
GR76 539120 005206112790 $230,000 C � ��'",`�` '
GR76 539120 005206112800 $ 28,460
GR76 539120 005206112810 $ 20,000
GR76 539120 005206112820 $ 11,300
Jerome Walker 7537 (from) f"`��
GR76 539120 005206112240 $496,500 s = '• �'
Additional Information Contact:
I I
Jerome V�Ialker 5 7
trNS _.