HomeMy WebLinkAboutContract 26058 s.
CITY SECRETARY U
CONTRACT NO. U
AMENDMENT TO CITY CONTRACT NO. 23885
STATE OF TEXAS §
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, and the
Mitchell Boulevard Development Corporation ("MBDC" or "Contractor"), by and through
Gerald Shaw, its duly authorized President. Contractor's business address is 2517 Thannisch
Avenue, Fort Worth, Texas 76105.
WHEREAS, the City and MBDC have entered into a contract identified as City Contract
No 23885 and amended by City contract No 24607 for a period beginning May 18, 1998 and
ending May 18, 2000; and
WHEREAS it is the mutual desire of the parties to amend and extend said City
Contract No. 23885
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
That, the parties covenant and agree as follows:
1. GENERAL PROVISIONS
Contract Period
This amendment extends the contract period until May 18, 2001.
Written Instrument is Entire Agreement
This written instrument together with Contract No. 23885 as amended by
Contract No. 24607 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 parties 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 void. 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 as amended by
Contract No. 24607 shall remain unchanged and in full force and effect.
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 to
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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.
All terms of this agreement shall apply to any and all subcontractors of
Contractor which are in any way paid with federal funds or who perform any work in
connection with Contractor's Program.
The failure of the City to insist upon the performance of any 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.
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.
Scope of Services
Section "Scope of Services" of City Contract No. 23885 as amended by City contract
24607, currently on file in the office of the City Secretary of Fort Worth is hereby further
amended to read as follows:
2. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
The City hereby certifies that Contractor is a Community Based Development
Organization (CBDO) responsible for implementing the neighborhood revitalization strategy
for the area. The area in which these programs will be available is the Mitchell Boulevard
Model Blocks area. The MBDC will offer housing programs, lot acquisitions, park development
and economic development programs in keeping with the comprehensive revitalization plan
developed for the area and reflected in EXHIBIT"A" - PROGRAM SUMMARY.
Funding and Reports
Section "Funding and Reports" of City contract No. 23885 as amended by City
contract 24607, currently on file in the office of the City Secretary of Fort Worth is hereby
further amended to read as follows:
3. DUTIES AND RESPONSIBILITIES OF CITY
Disbursement of Funds
The previously amended contract amount of $785,017 is further amended to add
$80,000 in Year XXIV Community Development Block Grant (CDBG) funds reallocated from
the City's (Model Blocks) Sidewalk Installation and Repair project fund and $18,124.77
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($6,824.77 FY1997 HOME funds and $11,300 Year XXII CDBG funds) reallocated from the
City's (Model Blocks) Home Improvement Loan Program fund. Therefore, the City will provide
MBDC with funds in an amount not to exceed a total of eight hundred eighty-three thousand,
one hundred forty-one dollars and seventy-seven cents ($883,141.77).
Of the total amount, Contractor agrees that program operating support funds may not
exceed seventy thousand dollars ($70,000); program funds for housing acquisition, rehabilitation
and resale shall not exceed two hundred fifty-eight thousand, one hundred twenty-four dollars
and seventy-seven cents ($258,124.77); program funds for lot acquisition shall not exceed
sixty thousand, seventeen dollars ($60,017); program funds for neighborhood park
development shall not exceed one hundred thousand dollars ($100,000); program funds for
the Exterior Home Improvement Grant program shall not exceed forty thousand dollars
($40,000); program funds for marketing shall not exceed five thousand dollars ($5,000); and
program funds for economic development shall not exceed three hundred fifty thousand
dollars ($350,000).
Housing Funds
Housing Purchase, Rehabilitation and Resale. Revolving Fund. The City will provide
MBDC with CDBG funds in an amount not to exceed two hundred fifty-eight thousand, one
hundred twenty-four dollars and seventy-seven cents ($258,124.77) from which the Contractor
may draw funds to purchase vacant housing units suitable for rehabilitation and resale to first-
time homebuyers. A Request for Funds for the purchase of an existing structure for the
purpose of rehabilitation and resale must be accompanied by the results of an
environmental review, work write-up, appraisal, Contract for Sale, and a copy of the
Notice to the Seller. Funds received from the sale of rehabilitated housing shall be
returned to the City to reimburse the fund for the cost of development. Funds received in
excess of development cost may be returned to the Contractor for use in other eligible,
housing projects. Funds returned to the City may be drawn down, by the Contractor, for
use in future housing purchase /rehabilitation projects. All activities carried out through the
use of these funds must conform to rules and regulations as set forth in 24 CFR 570.
Exterior Home Improvement Matching Grant Program. The City will provide MBDC with
CDBG funds in an amount not to exceed a total of forty thousand dollars ($40,000) to operate
an Exterior Home Improvement Matching Grant Program. Monies will be disbursed to
Contractor on an advance-of-funds basis following submission of Contractor's monthly reports
and monthly request for funds. All activities carried out through the use of these funds must
conform to rules and regulations as set forth in 24 CFR 570.
Lot Acquisitions. The City will provide MBDC with CDBG funds in an amount not to
exceed sixty thousand, seventeen dollars ($60,017) from which the Contractor may draw
funds to purchase vacant lots for In-fill Housing development. Advance of funds for
program activities will require submission of a "Request for Funds" and supporting
documents as specified by HUD and the City. A Request for Funds for the purchase of
vacant land must be accompanied by the results of an environmental review and site
survey, Contract for Sell, and Notice to Seller. All activities carried out through the use of
these funds must conform to rules and regulations as set forth in 24 CFR 570.
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Economic Development Funds
The City will provide the MBDC with CDBG funds in an amount not to exceed Three
hundred fifty thousand dollars ($350,000) from which the Contractor may draw funds to cover
the cost associated with the expansion of economic development activities in the Mitchell
Boulevard Model Blocks area. These activities must conform to rules and regulations as set
forth in 24 CFR 570.
Community Facilities Funds
City will provide the MBDC with CDBG funds in an amount not to exceed one hundred
thousand dollars ($100,000) from which the Contractor may draw funds to cover the cost of
developing a neighborhood park. Contractor will coordinate its efforts with the City's Parks and
Community Services Department to ensure that the park, when completed, will conform to all
applicable City and Federal codes and regulations. These activities must conform to rules and
regulations as set forth in 24 CFR 570.
Public Services Funds
City will provide the MBDC with CDBG funds in an amount not to exceed Five
thousand dollars ($5,000) from which the Contractor may draw funds to cover the cost
associated with marketing the neighborhood and its assets to prospective first-time
homebuyers and businesses. These activities must conform to rules and regulations as set
forth in 24 CFR 570.
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IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract
in Fort Worth, Tarrant County, Texas, this—jqtk day of Ai , A.D. 2000.
APPROVED AS TO FORM AND LEGALITY:
By:
City Attorney
6l-)l/dlt�
Date
ATTEST: CITY OF FORT WORTH
By:
ity ecreta
1- 4-00
Date
By:
Libby Watson, Assistant City Manager
C- 196 3&
Contract Authorization
5- 36-01)
Date
ATTEST: MITCHELL BOULEVARD
DEVELO7)4/0-
NT CORPORAT
i
By: �
d Shaw, President
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigneeoautuuuuuuu 't a Notary Public in and for the State of Texas, on this
day personally appeared Li a sorb, 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 UN ER MY HAND AND SEAL OF OFFICE this day of
A.D. 2000.
ROSELLA BARNES
NOTARY PUBLIC )
"rqyte'j' State of Texas
Comm. Exp. 03-31-2001 Notary Public in and for the State of Texas
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 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 Mitchell
Boulevard Development Corporation and in the capacity therein stated as its duly authorized
officer or representative.
I N UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2000.
g e
Y`F VIVIAN LUCILLE CLARK
MY CCM"AISSION r-XPIRES
=� May 18,2003 Notary Public in and for the State of Texas
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Exhibit A "PROGRAM SUMMARY" is hereby amended to read as follows:
MITCHELL BOULEVARD DEVELOPMENT CORPORATION
PROGRAM SUMMARY
Program Title
MITCHELL BOULEVARD NEIGHBORHOOD REVITALIZATION STRATEGY
DESCRIPTION:
The Mitchell Boulevard Development Corporation will provide staff, development services,
acquisition and marketing to implement the neighborhood revitalization strategy in the areas
of economic development, housing, community facilities, and public services.
The period of performance extends until May 18, 2001.
PROGRAM OBJECTIVES:
To effect community development of the Mitchell Boulevard Model Blocks area as outlined in
the neighborhood revitalization strategy for the area, the MBDC will undertake the following
programs: ECONOMIC DEVELOPMENT through 1) design and construction of a
neighborhood retail center 2) assistance to area businesses; HOUSING through 1)
acquisition, rehabilitation and resale of homes to low and moderate income families 2)
purchasing of lots for new home construction; COMMUNITY FACILITIES through 1) the
establishment of a neighborhood park; and PUBLIC SERVICES by development of a
marketing plan and neighborhood newsletter to attract new homeowners and businesses to
the area.
PROGRAM MEASURES: Estimated
2000-2001
Economic Development
1. Development of neighborhood economic 1 site
activities: construction of a neighborhood
retail center
2. Businesses assisted 3-4 business
Housing
1. Acquisition, rehabilitation and resale of homes 4 homes
to low and moderate income families in the
Mitchell Boulevard Model Blocks area.
2. Accusation of lots for new home construction 8
COMMUNITY FACILITIES
1. Development of a neighborhood park. 1 park
PUBLIC SERVICES
1. Design and execute a marketing plan for the 1 plan
Mitchell Boulevard area, to include a
neighborhood newsletter.
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'• City of Fort Worth, Texas
"Avow And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18036 1 05MITCH 1 of 4
SUBJECT APPROVE AMENDMENT OF CONTRACT WITH MITCHELL BOULEVARD
DEVELOPMENT CORPORATION, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Extend City Secretary Contract (No. 23885), as amended by City Secretary Contract (No. 24607)
with the Mitchell Boulevard Development Corporation, Inc. (MBDC) for one year from the current
expiration date of May 18, 2000; and
2. Reallocate $40,000.00 in Year XXIV Community Development Block Grant (CDBG) funds within the
contract from the Exterior Home Improvement Matching Program Year XXIV CDBG Funds to the
MBDC's Purchase/Rehabilitation/Resale Year XXIV CDBG Funds; and
3. Reallocate $20,000.00 in Year XXIII CDBG funds within the contract from the Exterior Home
Improvement Matching Program to the Office and Commercial Facility Project Year XXIII CDBG
Funds to help cover the cost of constructing a new retail facility; and
4. Amend City Secretary Contract (No. 23885) with the MBDC in the amount of $80,000.00 for the
construction of a new retail facility, and reallocate $80,000.00 in Year XXIV CDBG Funds from the
City's Sidewalk Installation and Repair project to the Office and Commercial Facility project; and
5. Amend City Secretary Contract (No. 23885) with the MBDC in the amount of $18,124.77 and
reallocate $18,124.77 from the City's Home Improvement Loan Program ($6,898.00 FY1997 HOME
funds and $11,300.00 Year XXIII CDBG Funds) to the MBDC's Purchase/Rehabilitation/Resale
program; and
6. Amend the contract to achieve project goals, provided that the amendment is within the scope of the
project and in compliance with applicable laws and regulations.
DISCUSSION:
The MBDC is the development arm of the Mitchell Boulevard Model Blocks program. After receiving
the $1.2 million Model Blocks award, residents created and authorized the MBDC to carry out, on their
behalf, housing and community development activities.
In January 1998 (M&C G-12115), the City Council authorized a contract with the MBDC for
$465,200.00 in CDBG funds. It also authorized $20,000.00 for park development and $11,300.00 for
the Home Improvement Loan Program. The City contracted the amount of $465,200.00 with the MBDC
on May 18, 1998, through City Secretary Contract (No. 23885). The contract was amended on
November 3, 1998 (M&C C-17083), City Secretary Contract (No. 24607) to add an additional
$319,817.00 for a new contract total of $785,017.00.
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City of Fort Worth, Texas •"
"avow and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18036 1 05MITCH 2 of 4
SUBJECT APPROVE AMENDMENT OF CONTRACT WITH MITCHELL BOULEVARD
DEVELOPMENT CORPORATION, INC.
Because of the level of commitment of the Parks and Community Services Department (PACSD), the
MBDC assumed responsibility for development of their neighborhood park with the assistance of the
PACSD. In addition to the park, the MBDC is using its Model Blocks allocations to accomplish Housing
Purchase/Rehab/Resale, exterior home beautification, and commercial facility construction (retail
center).
Current allocation for activities under contract with MBDC
Commercial facility construction (retail center) $ 250,000.00
Housing purchase, rehabilitation and resale 200,000.00
Exterior home improvement grants 100,000.00
Neighborhood park development 100,000.00
MBDC operating support 70,000.00
Vacant lot purchase for housing development 60,017.00
Marketing 5.000.00
Sub total $ 785,017.00
City Administered Projects
Home Improvement Program $ 334,983.00
New sidewalks 80,000.00
Sub total $ 414,983.00
GRAND TOTAL $1,200,000.00
The MBDC is currently making progress in all areas of their revitalization strategy. To complete its
goals, the MBDC requests that City Secretary Contract (No. 23885), which expires May 18, 2000, be
extended for one year. It also requests that all funds remaining from the Home Improvement Loan
Program, totaling $18,124.77, be reallocated and contracted with the MBDC for its Purchase/
Rehabilitation/Resale Program.
Initially the MBDC set aside $80,000.00 for sidewalk installation and repairs. However, the City has
completed street reconstruction and sidewalk repair in the area using Capital Improvement Program
funds. The MBDC requests that the $80,000.00 previously maintained by the City for sidewalk
installation and repair be reallocated and contracted to the MBDC to provide additional funding for
construction of its commercial facility. The MBDC also requests that $20,000.00 previously allocated to
the Exterior Home Improvement program be reallocated to provide additional funding for construction of
the commercial facility.
City of Fort Worth, Texas
"Agar And, Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18036 1 05MITCH 3 of 4
SUBJECT APPROVE AMENDMENT OF CONTRACT WITH MITCHELL BOULEVARD
DEVELOPMENT CORPORATION, INC.
The revised budget for the extended contract would be as follows:
Revised allocations for activities under contract with MBDC
Commercial facility construction (retail center) $ 350,000.00
Housing purchase, rehabilitation and resale 258,124.77
Neighborhood park development 100,000.00
Vacant lot purchase for housing development 60,017.00
MBDC operating support 70,000.00
Exterior home improvement grants 40,000.00
Marketing 5,000.00
Sub total $ 883,141.77
City Administered Projects
Home Improvement Program $ 316,858.23
New sidewalks 0.00
Sub total $ 316,858.23
GRAND TOTAL $1,200,000.00
The Mitchell Boulevard Model Blocks is located in COUNCIL DISTRICT 8.
The Safety and Community Development Committee approved this recommendation at its May 9, 2000
meeting.
t .
City of Fort Worth, Texas N
"agar and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18036 1 05MITCH 4 of 4
SUBJECT APPROVE AMENDMENT OF CONTRACT WITH MITCHELL BOULEVARD
DEVELOPMENT CORPORATION, INC.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
LW:k
Submitted for City Manager's FUND JACCOUNTF CENTER I AMOUNT CITY SECRETARY
Office by: (to)
2)GR76 539120 005206122740 $40,000.00
Libby Watson 6183 4)GR76 539120 005206122730 $80,000.00 APPROVED
Originating Department Head: 5)GR76 539120 005206112750 $11,300.00 CITY COUNCIL
5)GR76 539120 005206113580 $6,824.77
3)GR76 539120 005206112790 $20,000.00 MAY
Jerome Walker 7537 (from)
2)GR76 539120 005206122760 $40,000.00
Additional Informatloa Contact: 4)GR76 539120 005206122780 $80,000.00 1
5)GR76 539120 005206112820 $11,300.00 CiC T F�1 7�%,V
5)GR76 539120 005206113540 $6,824.77
Jerome Walker 7537 3)GR76 539120 005206112870 $20,000.00