HomeMy WebLinkAboutContract 24607 J-
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CITY SECRETARY
CONTRACT NO.
AMENDMENT TO CITY SECRETARY
CONTRACT NO.23W5
STATE OF TEXAS §
COUNTY OF TARRAM §
THIS ogreement is made and entered into by and between the City of Fort Werth ("City'l,
acting by and through Libby Watson, its duly authorized Assistar t City Manager, acrd me Mitchell
Boulevard Development Corporation ("MBDC' or "Contractor"), by and through Gerald Shaw, its
duly authorized Presidnet. Contractor's business address is 2517 Thannisch Avenue, Fort Worth,
Texas 76105.
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WHEREAS,the City and MBDC have entered into a agreement identified as City Secretary
Contract No 23885 for a period beg„:ping May 18, '1998 and ending May 18,2000; and
WHEREAS is°,the mutual desire of the parties to amend said City Secretary Contr-_-t No. :d
23885.
NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH:
That the parties covenant and agree that City Secretary's Contract No. 2388,; currently on
fiie in the office of the City Secretary is hereby amended to read as follows:
1. GENEPAL PROVISIONS
1.1 Purpose
1.1.11 The express purpose of this amendment is to provide Contractor with additional
CDBG funds in an amount not exceed three hundred nineteen thousand, eight hundred
seventeen dollars ($319,817)_ This total is to be added the original contract amount of
four h.andred sixty-five thousand two hundred dollars ($485,200) for an amended
contract total of seven hundred eighty-five thousand, seventeen dollars ($785,017).
1.1.2 These funds shall provide an additional $20,000 for Community facilities/Economic
Development, $100,000 for housing development (purchasetrehab/resale), $19,817 for in-
fill lo, acquisition and site preparation, $80,000 for exterior home improvement matching
grants and $100,000 for neighborhood park development. `Program Summarl -
EXHIBIT A.
1.1.3 Contractor covenants and agrees that, in the event it desires to extend the
terms of this agreement beyond its stated date of expiration, it shall submit a written
request for extension to the City at least 60 days prior to the current expiration date
hereof and that said submission shall include the Contractor's anticipated budget, goals
and objectives for the extended period; provided, nowever, that the City is under no
duty or obligation to grant the requested extension, and that any such extension must
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be in writing as an amendment to this contract and approved by the City Council of the
City of Fort Worth.
1.2 Termination
1.2.1 This contract may be terminated by the City in the event of default, inability, or
failure to perform on the part of Contractor, or whenever such termination is determined
by the City to be in the City's best intere.=,t. Likewise, the contract may be terminated by
Contractor if the City does root provide funds pursuant to this agreement. The contract
may be terminated for mutual convenience upon agreement of the parties.
1.2.2 City shall notify the Contractor in writing of any breach of this contract, and
specify a reasonable: time within which to cure the particular breach. After being) notified
of such non-material breach, if Contractor falls to cure the non-material breach within
the time stated in the notice, this contract shall automatically terminate at the expiration
of the stated time allowed for cure.
1.2.3 Contractor will return to City any unu,�ed monies previously distributed under
this agreement within thirty(30) days of the effective date or contract termination.
City will have no responsibility or liability for Contractor's expenditures or actie^ns
occurring after the effective date of the contract termination. x
1.3 Uniform Administrative Requirements and Cost Princioles ff
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1.3.1 Contractor shall comply with the Office of Management and Budget Circulars A-110,
A-133 and A-122, as applicable.
1.3.2 The allowability of costs incurred for perforre;ances 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. 576.21 (a), (b)or(c), any contrary provisions in this agreement notwithstanding.
1.3.3 Recipients. subrecipients, contractors and/or subcontyrat.°tors which are
governmental entities shall comply with the requirements and standards of OMB Circulars
A-87, A-128 and with 24 CFR, Part 85.
1.4 Venue
1.4.1 Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this agreement,
venue for said action sham be in Tarrant County, Texas.
1.5 Written! Instrument is Entire Agreement ,
1.5.1 Ail terms of this agreement shall apply to any and all subcontractors of
Contractor which are in any way paid with CDBG funds or who F anfcrm any work
in connection with Contractor's Program.
1.5.2 The provisions of this agreement are severable, and, if for any reason a clause,
sentence, paragraph c r other part of this agreement shall be determined to be invaiid
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by a court or federal or state agency, board or commission having iurisdiction over the
subject matter thereof, such invalidity shall not affect other provisions which can be
given effect wiCiout the invalid provision.
1.5.3 The failure of he City to insist upon the perfoiTnance of any term or provision of
this agreement or to exercise any right herein conferred shall not be construed as a
waiver or relinqui shment to any extent of the City's right to assert or rely upon any such
term or right on any future occasion.
1.5.4 This written instrument together with Contract No. 23885 on file at the City
Secretary's office and the exhibits attached hereto, which are incorporated by reference
and made a part of this agreement for all purposes, constitutes the entire contract by
the i;^°ties hereto concerning the work and services to be performed under this
agreement. Any prior or contemporaneous oral or written agreement which purports to
vary the terms of this agreement shall be vnid. Any amendments to the terms of this
agreement must be in writing and must be approved by each party to this agreement.
Unless specifically amended herein, all terms of Contract No. 23885 shall remain
unchanged and in full force and effect.
1.5.5 The paragraph headings contained herein are for convenience in reference to
this agreement and are not intended to define or to limit the scope of any provision of
this agreement.
2 DUTIES AND RESPONSIBILITIES GF CITY
2.1 Disbursement of Funds
2.11 The City will fumish federal grant funds, (CDBG Year XXIV) for use as stated
herein. The City will monetor the use of such funds to ensure appropriate use of the
funds. Funds shall be disbursed after execution of this contract and compliance with
the provisions therein. Disbursements from the CDBG account will require submission
of a "Request For Funds" and supporting documents as specified by HUD and the City
(Exhibit 8).
2.2 Amount of Funds
2.2.1 It is agreed that the total distnbution of federai grant funds made available to or
paid on behalf of Contractor, during the terror of this contract shall not exceed the total
sum of seven hundred eighty-five thousand, seventeen dollars ($785,017).
3 LU'i IES AND RESPONSIBILITIES OF CONTRACTOR
3.1 Scope of Services
3.1.1 Under the terms of this agreement, Contractor shall perform 1) acquisition and
rehabilitation of hor-sing for resale to qualified low and very iow income first time
homebuyer. as defined by HUD 2) estat:ishment of Community Based Development
Organization office facilities 3) acquisition of vacant lots for in-fill construction, 4) site
preparation, to include demolition 5) neighborhood park development 6) economic
development and 7) marketing of the neighborhood the ough print and elertmnic media.
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3.1.2 Contractor wiii inst!re that clients participating in a first-time hom::buyer's
program statiafactor.ly complete a homeownership training program prior to closing on
a property. Contractor will also help homebuyers obtain assistance under the City's
Homebuyer's Assistance Grogram or other avaimable progiams intended to make
housing affordable to homebuyers. Funds will be utilizad only to provide affordable
housing to persons residing within the City of Fort Worth, Texas.
3.2 Budget
3.2.1 Contractor agrees that the CDBG funds will be expended in accordance with
"Program Eudget"- Exhibit B. Any change exceeding plus or minus 10% of the total
shown in this budget shall be made only with the prior written approval of the City.
Under no circumstances shall the total amount of program funds expended by
Contractor from funds paid by the City exceed seven hundred eighfiy-five thousand, x
seventeen dollars ($785,01 YI.
3.2.2 Contractor will not commingle CDBG monies with any other funds in any
manner which would prevent the City from readily identifying program expenditures.
3.3 Time Line for Goals and Expenditures
3.3.1 Contractor will work in accordance with the "Program Timeline" - Exhibit C and
ensure that expenditures correspond with stated goals toward the pie on of the I
Program.
3.4 Program Income
3.4.1 Funds generated by the sale of housing developed under the terms of this
contract will be returned to the City to be deposited in the Contractor's affordable
housing development fund account. These Funds are to be disbursed to Contractor
upon request to develop additional affordable housing projects. Funds received from
the sale of each house in excess of development cost may be retained by the
Contractor, as long as the original corpus amount of the affordable development fund is
maintained and the excess funds are used to further the development of affordable
housing for low and very-low income homebuyers.
3.4.2 Funds generated from economic development activities funded under the terms
of this contract which are excess of operating cost will be returned to the City to be
deposited in the Contractor's economic development fund account. These funds are
to be disbursed to Corn tractor upun request to fund future CDBG eligible activities.
3.5 Reversion of Assets
3.5.1 Contractor agrees to return to the City any CDBG funds remaining at the end of
the contract.
3.5.2 In the event the Contractor adm.iistering the program established under this
agreement is dissolved, this agreement shall thereupon terminate. In the event this
agreement is terminated with or without cause, or for any mason whatsoever, all
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deposits of CDBG funds and any real pmrle-ty that was acquired or improved with
CDBG hands distributed under the tarms of this contract shOl belong to the City and
shall be transferred to the City or to lch assignees as the City may designate.
3.5.3 The City e-na7 at IL discretion allow the Contractor to retaL'i property it has purchased
with CD3G funds so long as they are used by the;on4mc for fix the same basic purposes
that"re originally funded by CDBG funds.
3.6 Affirmative Marketing
3.6.1 Contractor must adopt affirmative marketing procedures and requirements for all
CDBG funded projects. The procedures and requirements must include methods for
informing the public, lenders, partners anei potential clients homebuyers about all i
applicable laws and policies so as to ensure that all individuals, without regard for race,
creed, nationality or religion, are given an equal opportunity to participate in the
Programs.
3.7 Recapture Provisions
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3.7.1 Contractor understands that there are specific property recapture requirements
on CDBG funded properties, including e requirement that a home
buyer q buyer must use the
property as its principal residence. In addition, the loan documents (Note and Deed of
Trust) should also incorporate this requirement.
3.8 Roicords and Audits '
3.8.1 Contractor will keep or cause to be kept an accurate record of all actions taken
and all funds expended, with source documents, in the pursuit of the objectives in the
performance of this agreement. Such records shall be kept for the period of affordability
mandated by the Regulations.
3.8.2 Contractor will obtain and keep on file the follo*rq, information on e 11 '-'ant
serY-.d by its programs:
3.8.2.1 annual income and size of the household of whits the client is a
member:
3.8.2.2 ethnic group of the client, using one of the following five categories:
1 White. not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacif
Islander; American Indian or Alaskan Native;
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3.8.2.3 whether the head of the client's household is rnale yr female; is a
single male or female householder with or without children;
3.8.2.4 additional statistical information as may be required by the City
Housing Department or H;JD regulations and any amendments
thereto.
3.8.3 Contractor will keep on file the following information and docurnentation
on each individual project:
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3.8.3.1 proof that the prdja�i meet% the applicable property and other
standards;
3.8.3.2 the per unit amouni of CDSG and non-CDl3G dollars invested;
3.8.3.3 the compliance with the affirmative marketing requirements and
existence of accept ible procedures;
3.8.3.4 c:omplian.:e with relocation requirements;
3.8.3.5 minority and female owned business dates, and affirmative fair
housing actions;
3.8.3.8 compliance with lead based paint and Davis-Bacon requirements: and
3.8.3.7 compliance with conflict of interest rules.
3.8 Audits
3.9.1 For all CDBG funded contracts in the amount of $300,000 or snore, Contractor
must submit to City ar, annual auudit prepared in of cc.,rdance with 24 CFR Se `ions
570.502-570.503 with specific reference to 0,918 Circular A-122 and A-133 as
appropriate. The audit may cover either Contractor'; fiscal year cr each tweKe month
period during which this agreement is in force beginrsing with the original date of
contract execution. Thls audit must be prepared by art independent certified public
accountant, be completed within twtrive (12) months fn4owving the end of the period
being audited and he submitted to the City within (30)days of its completion.
3.9.2 City reserves the Fight to perform an audit of Contractor's program operations and
finances at any time du:rng the Wan of this contract, if the City• Jetermines that such audit
is necessary for the City's compliance with OMB Circular A-1 2E'; Contractor agreas to allow
access to all pertinent materials as described above. If such audit reveals a questioned
practice or expenditure, such questions mutt be rosolved r..2iin fifteen 115) clay<4 after
notice to Contractor of such questioned practice c%' expendibure. If questions are not
resolved within this period, the City reserve;the right to withhold further funding under this
and/or futurp,contract(s).
3.9.3 it as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds desoibed herein, Contractor agrees to
reimburse the:City the amount of sc!ch monies so misused, misapplied or misappropriated,
plus the amok rnt of any sanction, penalEy or other charge levied against the City be:ause of
such misuse, misapplication or misappropriatio,i
3.10 Reports
3.10.1 During the term on this contract, Contractor w"ll submit to the City monthly
' activity reports of the services provided by contractor as result of this contract which
relate to the program in any way. Reports are due tea the City by the 150' of each month
following the execution of this contract. Each report should detail:
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3.i 0.1.1 actions taken ire pursuit of program objectives
3.10.1.2 progress achieved or expec►ed short-",arm results
3.10.1.3 e.Tenditure detail.
3.10.2 Reports shall be submitted in the format; specified bat Oty. Failure to pr�:vide
accurate reports in a timely manner vnii result in the withholding of funds and possibly
termination of agreement.
3.11 Monitor Effectiveness of Services and Work
3.11.1 The City will review the activities and performance of Contractor not leis than
annually.
3.11.2 Contractor"ill cooperate fully with the City in rnondu ing the program. In this regard
Contractor agrees to keep records sufficient to document its compUence with all applicable
laws, regulations and contract temis.
3.11.3 All costs d Arwyed by CGBG funds will be supported by properly executed checks,
orders, payrolls, time reccerds, invoices, contracts, vouchers or other accounting documents
evidencing in detail the nature and propriety of the charges. Such documentation wilt be
clearty identified, readily accessible and, to the extent possible, kept separate and apart
from all other such documents
3.11.4 All records pertaining to this shall be retained for five(5) years folbNing the date of
termination of this contract. Contractor may destroy program reoards at the erred of this five
(5) year period if no outstanding audit finding exists. City, HUD and tha United States
Comptroller General, or their representatives, shall have access to any books, documents,
records and papers relating to the operations of Contractor under this conbW for the
purpose, of audit, examination, exception and transcription at all reasonable hours at all
offices of Contractor. The C'ry reserves the right to perform an audit of the funds received
under this contract in order to ensure Contractor's compliance with applicable federat
regulatons.
3.11.5 Contractor agrees to likewise monitor the effectiveness of the services and work
to be performed by its subcontractors.
3.17 Complian ca with All Applicable laws and R otions
3.12.' Federal
3.12.1.1 Contractor agrees to comply with the following laws and the
regulations issued thereunder as they are currently written or are hereafter
amended during performance of this contract
3.12.1.1.1 Title VI of Civil Rights Act of i 964(42 USC 2000
et sea)
3.12.1.1.2 1 itle Vill of Civil Rights Act of 1966 (42 USC 3601
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et seq)
3.12.1.1.3 Exenutive Orders 11063, 11246, as amended by
11375 and as supplemented by Department of Labor
regulations (41 CFR, Part$30)
3.12.1.1.4 Section. 504 of the Rehabilitation Act ,f 1973 (29
USC 794)
x.12.1.1.5 The Age Discrimination Act of 975(42 USC
6101 et seq)
3.14.1.1.E Nationat Environmental Policy Alt of 11,450
(N SPA) and the related authorities listed HUD's
implEmenting regulations(24 CFA Part 58)
3.12.1.1.` Immigration Reform and Control Act of 1986
(Pub. L. 99-603, 100 Stat. 3359, as amended) specifically
including the provisions requiring employer verifications
of legal worker status of its employees
3.12.1.1.8 Housing and Community Development.Act.of
1987 (Pub. L. 100-242, 101 Stat. 1815, as amended)
3.12.1.1.9 The Americans with Disabilities Act of 1390 (42
USC 12101 et:,f q.)
3J2.1.1.10 National Affordable Housing Act of 1990
3.12.1.1.11 The Drag Free Workplace Act of 1988(24 CFR
part 23, subpart F)
3.12.2 Contractor, in the operation of its program, will also comply with
Office of Management and Budget Circular A-12.2 and attachments and
revisions thereto, regarding principles for determining costs for
CDSG-funded programs.
3.12.3 As the work pe'formed under this contract is on a project assisted:under
a program providing direct federal financial assistance from the Department of
Housing and UrbF.n Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701, Contractor covenants to abide by the requirements of the said Section 3.
It requires as follows:
3.12.3.1 That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
3.12.3.2 That, to the greatest extent feasible, contracts for Nvor%in
connection with the project be awarded to business concems which
are located in or owned in substantial par`:by persons residing in the
area of the project.
3.13.'1 Contractor will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the ;secretary of Housing and Urba i
Development, set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this agreement.
Contractor certifies and agrees that it is under no contractual or other disability
which would prevent it from complying with these equirements.
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3.13.2 Contractor agrees that a will send to each labor organization or
representative of workers with which it has a collective bargaining agreement or
other agreement or understanding, if any, a notice advising the said labor
organization or workers rapresentatives of its commitments under this Section 3
clause and shall post copies of the notice in conspicuous piacea available to
employees and applicants for employment or training.
3.13.3 Contractor agrees that it will include the said Section 3 clause in every
subcontract for work in connec,,.on with the project and will, at the direction of
City, take appropriate action pursuant to the subcontract upon a finding that the
subcontractors is in violation of regulations issued by the Secretary of Housing
and Urban Development, CFR 135. Contractor agrees that it viii not subcontract k
with any subcontractors where it has notice or knowledge that the latter has
been found in violation of regulations ur?der 24 CFR 1,35 and VAII not let any
subcontract unless the subcontractors has first provided Q ntrac+tor with a
preliminary statement of ability to comply with the requir&,ients of these
regulations.
3.13.4 City and Contractor understand and agree that compliance with the
provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior tc the
execution of this agreement shall be condition of the Federal financial
assistance provided to the project, binding upon City and Contractor, and their
respective successors, assignees and subcontractors. Failure to f Ifd1 these
requirements s'iail subject Contractor and its subcontractors, its successors and
assignees, tc :hose sanctions specified by the Grant Agreement thy ough which
federal assistance is provided and to such sanctions as are.specified by 24 CFR
3.13.5 Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA)
Acts and Regulations
3.13.5.1 This agreement is subject to the requirements of Section 306 of
the Ciean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of
the Clean Water Act(35 USC 1368), Water Pollution Control Act, as
amended (33 USC 1251 et seq.) and the regulations of the EPA with
respect thereto at 40 CFR, Part 15, as amended from time to time, and
Executive Order 11738 (42 USC 7606 nt.). In compliance with said
regulations, Contractor agrees and, with respect to a nonexempt
transaction, shall require each subcontractors to agree to the following
reouirements:
3.13.5.1.1 A stipulation that no facility to be utilized in the
performance of nonexempt contract or subcontract work is
included on the List of Violating Facilities issued by the (EPA)
pursuant to 40 CFR 15.20;
3.115.1.2 Compliant-e with all thq requirements of Section 114 of the
Clean Air Act, as amended (42 USC 1857c-6), and Section 308 of
the Federal Water Pollution Lintrol ,ct, as amended (33 USC
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1318), relating to inspection, 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,
3.13.5.1.3 A stipulation that, as a condition for the award of the
contract, prompt notice will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating that
a facility utilized or to be utilized for the contrail is under
consideration tc be listed on the EPA List of Violating Facilt*des;
3.13.5.1.4 Agreement by Contractor that it will include or cause to
be included the criteria and requirements of this section in every
nonexempt subcontract, requiring that Contractor will take such
action as City may direct as a means of enforcing such
provisions.
3.13.5.2 In no event, shall any amount of the assistance provided under
this agreement be utilized with respect to a facility which has given rise to
a cone--tion under the Clean Air Act or the Clean Water Act.
3.14 Other Laws
3.14.1 Contractor covenants and agrees that its officers, mernbors, agents;
employees, program participants 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 Regulations. Contractor further promises and agrees that it has- read,
and is familiar with, terms and conditions of the Regulations under which funds
are granted and that it will fully comply with same. It is-agreed and understood
that, if City calls the attention of Contractor to any such 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.
3.15 Prohibition Against Discrimination
3.15.1 Contractor, in the execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person because of sex, race,
religion, color or national origin, nor will Contractor permit its officers, members,
agents, employees, subcontractors or program participants to engage in such
discrimination.
3.15.2 During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
3.15.2.1 Contractor will not unlawfully discriminate against any erroployee
or applicant for employment because of race, color, religion, sex or
national oi igin. Contractor will take affirmative action to ensure that
applicants are employed and that employees are treated fairly during
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employment without regard to their race, color, religion, sex or na*maf
origin. Such action shall= include, bill not be limited to, the following:
employment, upgrading, demotion cr transfer, recruitment or rocuitrnent
advertising, layoff c- tifm,^ation, rates of pay or other fbrms, of
compensation, and sc4f,,i von for training, including apprerWkaship..
':ontractor agrees tv wst in conspicuous places,.available to ernpoyees
ind applicant-,for en 1,�uyment, notices setting forth the provisions of this
1ondis ximm.* ., : .,,se,
3.152.2 Contractor v,-!r, :+.t all solicitaticros or�advertisem�ents for employees
placed by or on Bel, -x of Contractor,state that all qualified applicants wit,
reeive consideration for employment. without: regard to race, dolor,
religion, sex or national origin.
3.15.3 in accordance with the: policy of the Executive Branch: of the federal r
government, Contractor covenants neither it nor any, of its offers, members,.
agents; employees, program participants or subcontractors, whiW engaged in
performing this contract, shall, in connection with the employment,, advanaent or
discharge of employees or in connection-with the terms, conditions or privileges of"t
employment, discriminater against persons because of their age or because of any
handicap, except on the basis of a bona fide occupational qualification, retirement plan
or statutory requirement.
115.4 Contractor further covenants that neither it nor its officers, members, agents,
employees, subcontractors, program participants, or persons acting on their• behaY,
shall specify, in solicitations or advertisements for employees to work ott this confta&4- a
maximum age limit for such employment unless the speci€redi maximum age limit is
based upon a bona fide occupational qualification; retirement plan or story
requirement.
3.15.5 In accordance with the provisions of the Americans-With Disabilities Act of 1,990
("ADR), Contractor warrants that it and any of its subcontractors will, not unlawhilly-
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment. for applicants for T
employment with, or employees of Contractor or any of its subcontractors: Contractor
warrants it.will fully comply with ADA's provisions and any other applicable federal,
state and local lav s concerning disability and will defend; indemnify and hot d. City E
harmless;against any claims or allegations asserted,`by third parties or subcontractors `
against City arising, out of Contractor's and/or its subconbsctoW alleged failure to
comply with the above-referenced' laws concerning disability discrimination irc the
performance of this agreement.
3.15.6 This agreement is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article Ili, Division 3 ("Discrimination in Empk,yment
Practices"), of the City Code of the City of Fort 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,
applicant or program participant has been discriminated against by the terms of such
ordinances by either the Contractor or its officers, members, agents, employees or
subcontractors.
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3.16 Prohibition Against Interest
3.16.1 No member, officer or employee of City or its designees 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
responsibilities with respect to the program funded hereunder during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor
shall incorporate, or cause to be incorporated, like language prohibiting such interest in
all contracts and subcontracts hereunder.
3.16.2 No officer, employee, member or program participant of Contractor or its
subcontractors shall have a financial i Oterest, direct or indirect, in this agreement or the
monies transferred hereunder or be financially interested, directly or indirectly, in the
sale to Contractor 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 violation of this paragraph with the
knowledge, expressed or implied, of Contractor or its subcontractors shall render this
agreement voidable by the City of Fort Worth.
3.16.3 No officer, employee, agent, consultant, elected official or appointed official of
the participating jurisdiction, Contractor or its subcontractors who exercised any i
functions or responsibilities with respect to activities assisted with CDBG funds or who
are in a position to participate in a decision making process or gain inside information
with regard to these activities, may obtain a financial interest or benefit from a CDBG
assisted activity, or have an interest in any contract, subccntract, or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those with whom
they have family or business ties, during their tenure or for one year thereafter.
3.17 Assignment
3.17.1 Contractor shall not assign all or any part of its rights, privileges, or duties under
this agreement without the rrrior written approval of City. Any attempted assignment of
same without approval shall be -r;id, and shall constitute a breach of this contract It is
agreed that the City has th€: right to inspect and approve in writing any proposed
subcontracts between Contractor and any subcontractor engaged in any activity in
conjunction with this CDBG funded project prior to any charges being incurred.
3.18 Indemnity
3.18.1 Contractor covenants and agrees to indemnify, hold harmless and deftnd,
at its own expense, 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, attempted 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
12
officrars, agents, sar,,snts, employees or subcontracs*i� of City; and Contractor
hereby assumes all viability and responsibility of CK .i,nd 1.v officers, agents,
servants, and employees for any and all claims ce, su is fa properV loss or
damage and/or personal injury, including death, i., any aiid all persons, of
whatsoever kind or character, whether real or a5srumd, arising out of or In
connection with the execution, performance, :a ;Apted perfomance or
nonperformance of this contract and agreement and/a- the operations, acti-Aties
and services of the prograins described heroin, whir oar 'riot caused in whole or
In part, by alleged negligence of officers, agents, seevanrs, employees or
subcontractors of City. Contractor likewise covenants and agrees to and does
hereby indeonnify and hold City harmless from ana agaln A any and all injury,
damage or destruction of property of City, arising out of or ir, connection with all p
acts or omissions of Contractor, its officers, members, agents, employees, j
subcontractors, invitees, licensees, or program participants, or caused, in whole
or In part, by alleged negligence of officers, agants, servant . em Aoyees or
i
subcontractors of C,ty.
x
3.18.2 Contractor will maintain a blanket fidelity coverage in the Form of insurance or
bond to insure against loss from the fraud, theft or dishonesty of any of C zntractcr's
officers, agents, trustees, directors or employees. The proceeds of such bond snail be
used to reimburse City for any and all loss of CDBG monies occasioned by such
misconduct. To effectuate such reimbursement, such bond shall include a rider stating
th .t reimbursement for any loss or losses thereunder shall he made directly to City for
the uses and benefit of Contractor.
3.19 Waiver of Immunity -
3.19.1 If Contractor, as a charitable or nonprofit organization, has or claims an
immunity or exemption (statutory or otherwise) from and against liability for wmages
or injury, including death, to persons or property, Contractor hereby expressly waives ,
its rights to plead defensively such immunity or exemption as against City. This section
shall not be construed to affect a governmental entity's tmmunibes under constitutional,
statutory or common law.
3.20 Insurance Requirements
3.20.1 Contractor shall furnish to the City certificates of insurance as 'proof that it has
secured and paid for policies of commercial insurance as specified herein. Such
insurance shall cover all insurable risks incident to on in connection with the execution,
performance, attempted performance ar nonperformance of this contract and
agreement
3.20.2 Contractor shall maintain the following insurance coverages and limits thereof:
3.20.2.1 Commercial General Liability Insurance (Policy should be endorsed to
include Environmental Impairment Liability Insurance)
$1,000,000 each occurrence
$4,000,000 aggregate limit
3.20.2.2 Business Automobile Liability Insurance
13
$1,000,000 each accident(policy shall be endorsed to cover"Any
Auto".
3.20.2.3 Professional Liability Insurance(for errors and omissions)
$500,000 each claim Note: This insurance shall cover the
Contractor and any associated board members.
3.20.2.4 Workers'Compensation Insurance
Part A: Statutory Limits
part B: Employer's Liability
$500,000 eacl h accident
$500,000 disease- each employee
$500,000 disease- policy limit
Note: such insurance shall cover employees performing wok on any and
all publi,. rojects including but not limited to construction, demolition,
rehabilitation. Coverage shall be main`,fined by Contractor or its
subcontractors. In the event the respective subcontractors do no
maintain coverage, the Contractor shalt maintain the coverage on such
subcontractors for each applicable subcontract.
3.20.2.5 The City of Port`North shall be endorsed as an additional insured on all
Contractor's insurance policies
3.20.3 Such insurance amounts shall be revised upward at City's option and that
Contractor shall revise such amounts within sixty (60) days following notice to
Contractor of such requirements.
3.20.4. Contractor will submit to City documentation that it has obtained insurance
coverage and has executed bonds as required in this contract within sixty (60) days of
the execution of this contract and prior to payment of any monies hereunder.
3.21 Program Income Qualifications for Families
3.21.1 Contractor agrees to abide by HUD income guidelines, which are specific to the
type of project that is undertaken by the Contractor.
322 Certificatio-± Regarding Lobbying
3.22.1 The undersigned representative of Contractor hereby certifies, to the best of his
or her knowledge and belief, that:
3.22.1.1 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 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 and the
extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan or cooperative agreement.
3.22.1.2 If any funds other than federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to
14
influence an officer or employee of any agency, member of Congress in
connection with this federal contract, grant, loan or cooperative
agreement, Contractor shall complete and subrrA Standard Form-LLL,
"Disclosure Forrn to Report Lobbying,"in accordance with its instructions.
3.22.1.3 The Contractor s :, require that the language of this certification
be included in all subcontracts or agreements involving the expenditure
of federal funds.
Ea:
15
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dft
IN WITNESS V#NHEREOF, ►hr.,parties hereto ire executed#qu r copies of this contract
in FQrLWorth, Tarrant County,Texas,this ' `"` day of ����*t �,� �, A.D.
19
APPROVED AS TO FORM AND LEGALITY:
By,
Asst. City Attorney
ATTEST: CITY OF FORT WORTH
By:
City Secretary
Li by Wats6 , Assistant City Manager
.r
Contract Authorization
ATTEST: MITCHE BOULEVAR ELCIPMENT
CORP�TION
Y
Gerald Shaw, Presi ent
16 {{
t'•
-----.--tea.
ref gyp.
STATE OF TEXAS §
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State. of Texas, on this 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)f 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.
Glv UNDER MY HAND AND SEAL. OF OFFICE this day of
A.D. 19—qq .
ROSELLA BARNES
* '
NOTARY PUBLIC
or�a Comm. Exp.03.31.2001
i
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally aged Gerald Shaw, known to me to be the person whose name 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 duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of
A.D. 18 l
Notary Public in and for the State of Texas
17
EXHIBIT"A"
MITCHELL BOULEVARD DEVELOPMENT CORPORATION
PROGRAM SUMMARY
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 economic development, community facilities, housin and public services .
The penod of performance is two years from the date of original contract execution.
PROGRAM OBJECTIVES:
To effect community development of the Mitchell Boulevard Model Blocks as outlined in the neighborhood
revitalization strategy for the area, the MBDC wilt undertake the following programs: ECONOMIC
DEVELOPMENT by 1) acquisition and rehabilitation of commercial/retail facilities. COMMUNITY
FACILITIES by 1) acquisition of vacant land suitable for development of neighborhood parks 2)
development of neighborhood parks. HOU SING DEVELOPMENT through 1) housing site acquisition and
preparation 2) acquisition, rehabilitation and resale of homes to low an moderate income families 3) a
matching grant program for exterior home improvement. PUBLIC SERVICES by 1) establishment of a y
neighborhood newsletter to increase the area's sense of community and to market the area's assets to
potential businesses, homeowners and investors.
YEAR YEAR
PROGRAM MEASURES: 1 2
Economic Development 1
1. Acquisition and Rehabilitation of commercial facilities 3
2. Coordinate" "ixpansion or establishment of businesses
within commercial facilities. Jobs created.
Community Facilities 2
1. Acquisition and rehabilitation of community facilities 2
2. Development of neighborhood park(s)
Housing
1 Acquisition, rehabilitation and resale of homes located 2 homes 6 Tomes
within the Model Blocks to low and moderate income
families 4 8
2. Acquisition of sites for new home construction. 15 85
3. Exteric. ,tome improvement matching grants
Public Services 1
Develop marketing strategies to promote the area to
homeowners and investors
Agh
EXHIBIT "B"
The table below identifies the documentation required by HUD and/or the City in order for the
Contractor to access finds for any of the purposes described glow. `
Required Documentation (and Purchasel New Home
uisiti
in Rehabilitation Construction
Lagal descri ion ofx •n. ry;•: 4•: :!.'q} ,. .4 '-. s G :. .;t.:
Favorable results of Envirorment Review
Evidence of proper zoning
Ap2ralsal of gEMM"as is" and after rehabilitation
Evidence of site control contractto sell,o n I.etc. 'r s> :• .s;t`` ? '^, r :;< ;} i
Notice to seller 4 4
..�.M.SQ�T::n }•S.
Contract to sell
ReE2rt on status of taxes and liens
Title commitment w.4F:�4'�. ?k -!.: ?
Promissory Nate
Deed of Trust v.tl`:"e`i:Y.r:' :i :•<:Etu k j`
Development buds ` is
Housing plans and sE=ifications
Work write-up of items required to conform to HUD's Housing
Quality Standards
Schedule of draw*for construction
Written construction quote from the builder
Qualifications and track record.of proe2sed builder
Proposed contract with builder and/or subcontractor :.�: . .. , C : IS..
Builder's and Subcontractors proof of general liability '<`} i.waf�` <'>»�� sash � 4..<
Workman's Compensation insurance :.:v:; € :.v^w' ..ax '+' + - +i---`
homebu rs' warranty 1 .. ::
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City of f Fort Worth, �Texas
4 alsor and coupe-i �t�>� �
--DATF REFERENCE NUMBER LOG NAME PAGE
1113/98 **c-1708 05M!TCHELL I 1 of 3 i
SUBJECT � iTCHELL. 9OULG DEVELOPMENT COFMORAT- 10N. COMM UNI Y
DEVELOPMENT BLOC.:K GRANT ALLOCATION AND CONTRACT AMENDMENT
RECOMMENDATION:
It is recommended ,hat the City Council authorize the City MaRSger io:
1. Allocate $379,817 in previously undesignated Community Development Block Grant(CDBG) Year
XXIV rvludef Blocks funds in the following manner; and
A. Transfer $100,000 to the Mitchell Boulevard Development Corporation (MBDC) Housing
Development, Purchase, Rehab and Resale Rehabilitation program;
B. Transfer $19,817 to the MBDC Housing Site Acquisition program; and
t
C. Transfer$80,000 to the MBDC Home Improvement Matching Grant program; and
D. Transfer$20,000 to the MBDC Community Facilities program; and
E. Transfer $80.000 to the MBDC Community Park project: and
F. Transfer$80,000 to the Sidewalks Installation and Repairs project.
?. Authorize the use of $20.000 in previously City-adminisrrated CDBG Model Block funds for the use j
cf t'-e MBDC: and
3. Arnen(t City Secretary Contract No. 23885 with the MBDC to reflect the addition of $319,817 in j
;.-ZBG funds for a contract total of$785,017. 1
I
,J;,,e '. -J97, the Mitchell Boulevard Neighborhood received official designation as a Model Blocks
rx- : rea. At the time of designation, only $820,183 was available for revitalization: activities. The
:,
:), anr;e ova . c be allocated from Year XXIV Community Development Block Grant (CDBG) funds,. Of j
:—a labie. 5323,683 was appropriated for housing activities, leaving a balance of
r anudry i 998, the Citv ^ouncil approved MSC .�-12115 a!locating the $426,500 balance
;: ,o,,z;n a ;ontract with the Mitchell Boulevard Community Development Corporation for
r? 'or park development , :�11.3Q0 for the home improvement loan program.
as ,cer,?riec `he $379.817 neeessary to constitute the total $1.2 million and is requesting
Mj ro vii 0'f co,-,tract amendment with 'he Mitchell Boulevard CDC to provide an additionai $319,817.
v, ' nctl.,de j29°.317 in new fund. plus 320.000 previously set aside to l)e administered by the City
en! The CDC will take respanslb:lity for development of the park with assistance
.-In(l .:
Ci 0 of Fort Worth, Texas
mu-Nor councit cacao
aATE REFERENCE.RURgiff-c LOG r PAGE
1113/98 -17M 05AMTCHELL 2 of 3
SUBJECT MITCHELL BOULEVARD DEVELOPMENT CORPORATION COMImt rcry
DEVELOPMENT BLOCK GRANT ALLOCATION AND CONTRACT AMENDMENT
Faliowing is a listing of revitalization activities and full accounting of the$1.2 million:
Current Activities Under Contract vvf*ME=
Housing purchase, rehabRitatlon and resale $100,000
i
Vacant lot purchase for housing development 40,200
Exterior home improvement grants 20,000 �.
Community facility(retail cutter) 230,000
Marketing 5,000
MBDC operating support 70.MQ
Subtotal $4K200 !
I
Additional Fti ndhM Proposed Under Contract/Unerndr m%t
Housing purchase, rehatailitation and rye $100,000
Vacant lot purchase for housing development 19,817
Exterior home improvement grants. 80,0€10
Community facility (retail center) 20,000
Neighborhood park development '100.000
Subtotal $319,817 1
I
City Administered Projects
Home Improvement Program $334,983
New sidewalks _80.001
Subtotal $414,953
i
Grand Total $1,200,080 i
The Mitcheli 3ouievard Model Blocks is located in COUNCIL DISTRICT 8. I
This recommerdatior was approved by ttte Safety and Community Development Committee at its
C4ctober '3. 1 998 meeting.
, l
) t
i
i
City of Fart Forth, Texas
�
N a Ow Ovd ou crtl
� � Communication
DATE ; H�-=ERENGE NU LOG NAME PAGE
11f3/98 j **C-'f7m 05MITCHELI 3 of 3
s1JaiEC r I MITCfiELL BOULEVARD DEVELOPMENT CORPORATION COMMUNITY �
DEVELOPMEW BLOCK GRANT ALLOCATION AND CONTRACT AMENDMENT
FISCAL INI=ORMATiON/CFRTIFIG TtO ;
The Finance Director certifies that upon approval of the above recommendations, funds wilt be available
in the current operating budget, as approp fated, of the Grants Fund.
L.W:I
f
I }
j
i
ii
4
Submitted for Cityiaaager's bEJV fi??NT i CENTER AMOUNT 1
Of C[TY gE7gy
Office Bv: (to)
GR76 5391 20 005206122730 ; 20,000.00
'4 dtson 6181 i GR76 X39120 005206122740
_ $100.000.00 r r n,
Orizinatinz Department Head: GR76 ,20 005206122150 $ 18,817.00 _APP�,��ED
GR76 912^ 1 OC 5206122760 l I u ti� ,� L
$ X0.000.00 r
GR76 ±?120 ! 00520612277U $ 80,000.00
GR76 539127 005206122780
i 1 $ 80.000.00
game b i,<r - ;from) t
GR76 539120 005206122210 $379,8t7Ofl
Additional Information Contact:
cfty secretuT 09 the r
City ct Fort wOr'h T"I"