HomeMy WebLinkAboutContract 61586CITY OF FORT WORTH
FACADE IMPROVEMENT PROGRAM REIMBURSEMENT
AGREEMENT
CSC No. 61586
This FACADE IMPROVEMENT PROGRAM REIMBURSEMENT AGREEMENT
("Agreement") is entered into by and between the CITY OF FORT WORTH ("City"), a home
rule municipality, and Illumination Education, Inc. dba Academy of Visual and Performing Arts
("Developer"). City and Developer may be referred to individually as a "Party" and jointly as the
"Parties".
RECITALS
City and Developer hereby agree that the following statements are true and correct and
constitute the basis upon which City and Developer have entered into this Agreement:
A. On or about September 7, 1979 the City entered into Urban Development Action Grant
Agreement with the United States Department of Housing and Urban Development Grant ("UDAG")
No. B-79-AA-48-0013 for use in acquiring land and constructing a parking garage located under
General Worth Park in downtown Fort Worth (City Secretary Contract No. 10610) (the "UDAG
Grant Agreement"), as more specifically set forth in the UDAG Grant Agreement. The City has
leased this parking garage under a Lease Agreement ("Parking Garage Lease") dated on or about
May 22, 1980 by and between City and Hunt Hotel/Fort Worth, Ltd. (City Secretary Contract No.
11085, as amended and assigned). Rental revenues from this lease are deemed "Grant Revenues"
under the UDAG Grant Agreement (the "UDAG Grant Fund Proceeds"). The UDAG Grant
Agreement allows the City to use the UDAG Grant Fund Proceeds for community or economic
development activities eligible for assistance under Title I of the Housing and Community
Development Act of 1974, Pub. L. No. 93-383, as amended (the "Act").
B. The purpose of the Urban Village Storefront/Fa�ade Improvement Program ("Facade
Improvement Program") is to encourage local businesses to improve storefronts/fagades in eligible
areas, and to promote commercial revitalization and economic development. The Facade
Improvement Program is funded with revenues generated from the City -owned parking garage
located under General Worth Square originally funded with Urban Development Action Grant
("UDAG") funds. The Facade Improvement Program provides $1.00 for every $3.00 spent up to
$30,000.00.
Developer owns or is authorized to undertake the facade improvements to a building located
on certain real property in the City commonly described as 801 W. Shaw Street, Fort Worth TX 76110
(collectively the "Property"). The Property and the proposed facade improvements, along with other
improvements, are described on the attached Exhibit "A", attached hereto and hereby made a part of
this Agreement for all purposes (collectively the "Project"). A rendering that identifies the proposed
fagade improvements to the building and the estimated cost of the improvements is set forth in
Exhibit "B", attached hereto and hereby made a part of this Agreement for all purposes (the
"Improvements").
C. The 2023 Comprehensive Plan, adopted by the City Council under Ordinance No.
26050-03-2023 (the "Comprehensive Plan"), recommends that the City focus on revitalization of
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 11 FT. WORTH, TX
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
the Central City, as defined in the Comprehensive Plan. The Comprehensive Plan specifies that one
of the principal means of revitalization of the Central City will be the redevelopment of distressed
commercial corridors, especially in the vicinity of urban villages, which are highly urbanized places
that have a concentration of jobs, housing units, commercial uses, public spaces, public transportation
and pedestrian activity, and are typically located along priority commercial corridors. The project is
located in the South Main Urban Village, or along the commercial corridor within one half mile of
the Urban Village which, in accordance with the Comprehensive Plan, the City Council has been
selected as one of 10 areas in the City where revitalization efforts are most needed and where the use
of public incentives can most sensibly be focused.
D. The Improvements qualify as community or economic development activity eligible
for assistance under Title I of the Act. The City Council has determined that activities such as the
Improvements will meet a vital public purpose and constitute a positive step in revitalization of the
Central City and the designated Urban Village, in particular. The City Council has also determined
that, by entering into this Agreement, the potential economic benefits that will accrue to City under
the terms and conditions of this Agreement are consistent with City's economic development
objectives as set forth in the Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORTION OF RECITALS.
City and Developer hereby agree that the recitals set forth above are true and correct and form
the basis upon which City and Developer have entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms have the
definitions ascribed to them herein:
Act has the meaning ascribed to it in Recital A.
Building means, for funding purposes, a contiguous structure with shared walls, not including
firewalls on which the Improvements will be made.
Complete Documentation means a report or reports in a form reasonably acceptable to City
that contains a summary of the costs expended for the Improvements covered by the report, with the
following supporting documentation: (i) copies of invoices for all completed work and other
documents necessary to demonstrate that the amounts represented were actually paid, including,
without limitation, final lien waivers signed by the general contractors or appropriate subcontractors;
(ii) copies of all City permits issued for this work and City -issued "pass" inspections for this work;
and (iii) any other documents or records reasonably necessary to verify costs spent for the
Improvements or to otherwise comply with UDAG Regulations.
Completion Deadline means December 30, 2024.
Comprehensive Plan has the meaning ascribed to it in Recital C.
Page 2 of 11
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
Developer means a legal entity/party that enters into a Facade Improvement Program
Reimbursement Agreement with City to receive funds from the Facade Improvement Program.
Director means the Director of the City's Neighborhood Services Department or authorized
designee.
Effective Date means the date City issues a building permit for the project.
Eligible Improvements means any construction or aesthetic alteration made to the side of the
Building parallel to the primary right-of-way and improvements to the interior wall of the Facade
caused as a result of improvements to the Facade, as approved by City. Eligible improvements are
limited to the following: signage attached to the Facade, painting, siding, brick/stone/masonry, glass,
windows, doors, trim, awnings, and structural improvements to the Facade or exterior lighting
attached to the Facade.
Facade means the portion of the Building parallel to the primary right-of-way as determined
by City.
Facade Improvement Program has the meaning ascribed to it in Recital B.
Force Maieure means an event beyond a Party's control, including, without limitation, acts
of God, fires, strikes, national disasters, wars, terrorism, riots, epidemics, pandemics, material or labor
restrictions, and, with respect to Developer, unreasonable delays by City in issuing any permits with
respect to the Improvements or inspection of any of the Improvements (taking into account City's
then -current workload with respect to the issuance of permits or the conducting of inspections), but
does not include construction delays caused due to purely financial matters involving any entity,
including, but not limited to, Developer, such as, without limitation, delays in the obtaining of
adequate financing.
«A».
HUD means the United States Department of Housing and Urban Development.
Improvements has the meaning ascribed to it in Recital B and as further described in Exhibit
Owner means the owner of the real property on which the Building is located.
Records means all financial and business records of Developer or provided to Developer that
relate to the Improvements or that contain information necessary for the City to calculate or verify
Developer's compliance with this Agreement.
UDAG means Urban Development Action Grant and the grant program of the same name
administered by HUD.
UDAG Grant Agreement has the meaning ascribed to it in Recital A.
UDAG Grant Fund Proceeds has the meaning ascribed to it in Recital A.
UDAG Regulations means the Act and all other laws, rules, regulations, and contractual
obligations pertaining to UDAG and the use of the UDAG Grant Fund Proceeds.
Page 3 of 11
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
3. TERM.
3.1 This Agreement will commence on the Effective Date and terminate on June 30, 2025,
unless terminated earlier as provided herein.
3.2 This Agreement may be extended by the City in its sole discretion upon written request
from the Developer.
4. DEVELOPER'S OBLIGATIONS.
4.1. Completion of Improvements.
Developer must expend at least an aggregate total of $308,850.00 for the Facade
Improvements for the Property, which amount is subject to written verification by the Director based
on Complete Documentation submitted to City by Developer in accordance with this Agreement.
4.2. Reports.
Developer must supply any additional information requested by City that is necessary to assist
City in demonstrating compliance with UDAG Regulations and conditions of this Agreement.
4.3. Inspection of Improvements.
Following reasonable advance notice to Developer, City will have, and Developer will provide
or cause to be provided, access to the project, in order for City to inspect the project and evaluate the
Improvements to ensure compliance with the terms and conditions of this Agreement. Developer will
cooperate fully with City during any such inspection and/or evaluation.
4.4. Audits.
Developer agrees that City shall, until the expiration of 3 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 3 years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and
records, including, but not limited to, all electronic records, of Developer involving transactions
relating to this Agreement at no additional cost to City. Developer agrees that City shall have access
during normal working hours to all necessary Developer facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Developer reasonable advance notice of intended audits.
This provision shall survive the expiration or termination of this Agreement.
4.5 Approvals.
Prior to commencement of construction of the Improvements, all Federal, state, and/or local
approvals necessary to complete the Improvements must be provided. Necessary approvals may
include:
1. City's Historic and Cultural Landmarks Commission;
2. City's Zoning Commission;
3. City's Urban Design Commission;
4. City's Downtown Design Review Board;
5. City's Plan Commission;
6. City's Building Standards Commission; and
7. Permitting.
Page 4 of 11
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
5. REIMBURSEMENT BY CITY
Subject to all terms and conditions of this Agreement, City will reimburse Developer upon
completion of the Improvements as follows:
5.1. Program Reimbursement.
City will pay Developer up to $30,000.00 on a reimbursement basis for eligible expenses for
the Improvements to the Property provided that Developer: (i) completes the Improvements by the
Completion Deadline; (ii) submits Complete Documentation to City with respect to the
Improvements; and (iii) City has verified that Developer spent at least $308,850.00 on the
Improvements based on inspection and Complete Documentation. The amount City shall reimburse
Developer will be based on the amount spent by Developer on the Improvements. City shall reimburse
$1.00 for every $3.00 spent by Developer. For example, if Developer spends $30,000.00 on Eligible
Improvements, City will reimburse $10,000.00. Developer shall only be reimbursed for Eligible
Improvements.
5.2. Source of Funds; Allocation Limitations.
Notwithstanding anything to the contrary herein, it is understood and agreed that funding
under this Agreement will come from currently available UDAG Grant Proceeds and will be paid
only in accordance with and subject to UDAG Regulations and any other applicable HUD
requirements. It is specifically agreed by Developer that no other City funds or bond proceeds shall
be paid in connection with this Agreement.
6. DEFAULT AND TERMINATION.
6.1. Failure to Comulete Imurovements.
If Developer fails to spend $308,850.00, complete the improvements by the Completion Date
and submit Complete Documentation, City will have the right to terminate this Agreement effective
immediately upon written notice to Developer.
6.2. Failure to Submit Revorts.
If Developer fails to submit any documentation required by Section 4.2, City will notify
Developer in writing and Developer will have 10 calendar days from the date of receipt of the notice
to submit the requested documentation to City. If Developer fails to submit the requested
documentation within that time, City will have the right to terminate this Agreement effective
immediately upon written notice to Developer.
6.3. In General.
Subject to Sections 6.1 and 6.2 and unless specifically provided otherwise in this Agreement,
Developer will be in default if Developer breaches any term or condition of this Agreement. In the
event that the breach remains uncured after 10 calendar days following receipt of written notice by
City referencing this Agreement (or, if Developer has diligently and continuously attempted cure
following receipt of written notice but reasonably requires more than 10 calendar days to cure, then
an additional amount of time as is reasonably necessary to effect cure, as determined by the Parties
mutually and in good faith), the City will have the right to terminate this Agreement effective
immediately upon provision of written notice to Developer.
6.4. By Mutual Agreement.
The Parties may terminate this Agreement by mutual written agreement.
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Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
6.5. IMMIGRATION NATIONALITY ACT.
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request
by City, Developer shall provide City with copies of all 1-9 forms and supporting eligibility documentation for
each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws
as well as establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the
right to immediately terminate this Agreement for violations of this provision by Developer.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Developer will operate as an independent contractor
in each and every respect hereunder and not as an agent, representative or employee of City.
Developer will have the exclusive right to control all details and day-to-day operations relative to the
project and the Improvements and will be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, subcontractors, licensees and invitees. Developer
acknowledges that the doctrine of respondeat superior will not apply as between City and Developer,
its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees.
Developer further agrees that nothing in this Agreement will be construed as the creation of a
partnership or joint enterprise between City and Developer.
8. INDEMNIFICATION AND RELEASE.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, 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
CONTRACTAND/OR THE OPERATIONS, ACTIVITIESAND SERVICES OF THE PROJECT
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY, AND DEVELOPER HEREBYASSUMES
ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL
PERSONS, OF WHATSOEVER KINDS 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
PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER LIKEWISE COVENANTS
AND AGREES TO AND DOES HEREBYINDEMNIFYAND HOLD HARMLESS CITY FROM
AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
DEVELOPER, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR
Page 6ofII
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
CAUSED, IN WHOLE OR INPART, BYALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTIONINCLUDES INDEMNITY
BYDEVELOPER TO INDEMNIFYAND PROTECT CITYFROM THE CONSEQUENCES OF
CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE
SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT,
EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR
CONCURRENT NEGLIGENCE.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A
RELEASE AND INDEMNITY IN FA VOR OF CITY IN SUBSTANTIALLY THE SAME FORM
AS ABOVE.
9. NOTICES.
All written notices called for or required by this Agreement must be addressed to the
following, or another party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand delivery:
City:
Attn: Director
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Developer:
Attn: Dr. Stephanie Love
Illumination Education, Inc. dba Academy of Visual
and Performing Arts
8101 Boat Club Road, Suite 240
PMB 306
Fort Worth, Texas 76179
with a copy to:
Attn: Jessika J. Williams
City Attorney's Office
100 Fort Worth Trail (previously 100 Energy Way)
Fort Worth, TX 76102
10. ASSIGNMENT AND SUCCESSORS.
Developer may not assign, transfer or otherwise convey any of its rights and obligations under
this Agreement to another party without the written consent of the City, which consent will not
unreasonably be withheld or delayed, conditioned on prior execution by the proposed assignee or
successor of a written agreement with the City under which the proposed assignee or successor agrees
to assume all covenants and obligations of Developer under this Agreement. Any lawful assignee or
successor in interest of Developer under this Agreement will be deemed the "Developer" for all
purposes under this Agreement. The City may assign this agreement to any party provided that the
assignee agrees to assume the rights and obligations of the City under this Agreement.
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Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to, and the Parties must comply with, all applicable Federal,
state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of
the City's Charter and ordinances, as amended.
12. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, City does not waive or surrender any of
it governmental powers.
13. NO WAIVER.
The failure of either Party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder will not constitute a waiver of that Party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
14. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired.
15. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or
the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement will be governed by the laws of the State of Texas.
16. NO THIRD PARTY RIGHTS.
THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT ARE SOLELY FOR
THE BENEFIT OF CITYAND DEVELOPER, AND ANYLAWFUL ASSIGN OR SUCCESSOR
OF DEVELOPER, AND ARE NOT INTENDED TO CREATE ANYRIGHTS, CONTRACTUAL
OR OTHER WISE, TO ANY OTHER PERSON OR ENTITY, INCLUDING TO ANY PERSONS
OR ENTITIES CONTRACTING OR PARTNERING WITH DEVELOPER TO CONSTRUCT
THE IMPROVEMENTS.
17. FORCE MAJEURE.
Subject to any UDAG Regulations and any other applicable rules and regulations of HUD, it
is expressly understood and agreed by the Parties that if the performance of any obligations hereunder
is delayed on account of an event of Force Majeure, the Party so obligated will be excused from doing
the same for an amount of time equal to the duration of the event of Force Majeure.
18. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this Agreement,
this Agreement must be interpreted fairly and reasonably, and neither more strongly for or against
either Party, regardless of the actual drafter of this Agreement.
19. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and will not be
deemed a part of this Agreement.
20. ENTIRETY OF AGREEMENT.
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Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Developer
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement. This Agreement
may not be amended unless executed in writing by the Parties.
21. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which will be considered
an original, but all of which constitute one instrument.
22. PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
Developer acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable
to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides
written verification to City that Developer: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement.
23. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES.
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification from
the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of
the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies
that Developer's signature provides written verification to City that Developer: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade association during
the term of this Agreement.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL.
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. By signing this Agreement, Developer
certifies that Developer's signature provides written verification to the City that Developer: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
Page 9 of I I
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
EXECUTED by the Parties to be effective as of the Effective Date.
CITY OF FORT WORTH: DEVELOPER:
By: By:
Fernando Costa Dr. Stepha ie Love, Director
Assistant City Manager
ATTEST:
QooIIIIII�n
w°
ago oxp
/��
aa4 fExA`�op
By:
�IIII46d�
City Secretary
M&C G-17804 Date:
Feb. 12, 2013
M&C G-17892 Date:
May 14, 2013
M&C G-19052 Date:
August 1, 2017
APPROVED AS TO FORM AND LEGALITY:
By:
Jessika J. Williams
Assistant City Attorney
APPROVAL RECOMMENDED:
By: K"
Kacey Bess
Interim Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 10 of 11
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
EXHIBITS
Exhibit "A" — Description of Proposed Fagade Improvements and other Project
Improvements
Exhibit `B" — Renderings and Estimated Cost of Improvements
Page 11 of 11
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and Illumination Education, Inc. dba Academy of Visual and Performing Arts
Exhibit A
Description of Facade Improvements
Facade Renovation
Tuckpointing/Restoration
Window Restoration/Repair
Caulking/Sealants
Structural Infill
Canopy
Cast Stone Repairs
Restore/Repair Front Door
Signage
Proiect Rendering and Budget
• Attached
Exhibit B
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1 I SOT ELEVATION
Location: I Fort Worth, Texas
BID SUMMARY
Area Site = 0 Area Bldg. = 45,000
C04 U1
1
DEMOLITION
6.8%
#DIV/0!
$17.99
0.00%
560,710
2
EARTHWORK
0.0%
#DIV/0!
$0.00
0.00%
I 0
3
TERMITE TREATMENT
0.0%
#DIV/0!
$0.00
0.00%
I 0
4
SITE UTILITIES
0.1%
#DIV/0!
$0.33
0.00%
I 10,391
5
PAVEMENT MARKINGS
0.3%
#DIV/0!
$0.78
0.00%
I 24,246
6
ASPHALT PAVING
0.0%
#DIV/0!
$0.00
0.00%
I 0
7
STONE RETAINING WALL
0.0%
#DIV/0!
$0.00
0.00%
I 0
8
LANDSCAPING
0.8%
#DIV/0!
$2.22
0.00%
* 69,275
9
FENCING
2.1%
#DIV/0!
$5.56
0.00%
173,445
10
FINE GRADE
#VALUE!
#VALUE!
#VALUE!
0.00%
0
11
CONCRETE
1.3%
#DIV/0!
$3.50
0.00%
108,963
12
MASONRY
2.5%
$6.62
0.00%
I 206,353
13
STRUCTURAL & MISC. STEEL
0.6%
$1.69
0.00%
I 52,801
14
ROUGH CARPENTRY
0.0%
$0.00
0.00%
I 0
15
MILLWORK
0.6%
$1.62
0.00%
I 50,363
16
WATERPROOFING
0.2%
$0.56
0.00%
I 17,319
17
BUILDING INSULATION
0.4%
$1.1 1
0.00%
I 34,637
18
ROOFING
5.4%
$14.34
0.00%
I 447,039
19
DOORS, FRAMES, HARDWARE
1.3%
$3.38
0.00%
I 105,409
20
GLASS/GLAZING
0.9%
$2.34
0.00%
I 73,062
21
RELIGIOUS ICON COVERINGS
0.6%
$1.67
0.00%
I 51,956
22
DRYWALL & ACOUSTICAL
4.5%
$1 1.84
0.00%
I 369,042
23
TILE
0.9%
$2.51
0.00%
I 78,138
24
WOOD FLOORING
0.8%
$2.08
0.00%
64,810
25
FLOORING & BASE
1.0%
$2.77
0.00%
86,236
26
ACOUSTICAL PANELS
#VALUE!
#VALUE!
0.00%
0
27
PAINTING
2.4%
$6.26
0.00%
195,151
28
VISUAL DISPLAY BOARDS
0.2%
$0.49
0.00%
15,382
29
SIGNAGE
0.3%
$0.74
0.00%
23,207
30
WALL/CORNER GUARDS
0.1%
$0.18
0.00%
I 5,542
31
TOILET PARTITIONS & ACCESSORIES
0.2%
$0.41
0.00%
I 12,885
32
FOLDING PANEL PARTITIONS
0.0%
$0.00
0.00%
I 0
33
FIRE EXTINGUISHERS & CABINETS
0.2%
$0.48
0.00%
I 15,033
34
LOCKERS
1.1%
$3.02
0.00%
94,186
35
CANOPIES
0.0%
$0.00
0.00%
I 0
36
FLAGPOLES
0.0%
$0.00
0.00%
I 0
37
RESIDENTIAL APPLIANCE
0.0%
$0.00
0.00%
I 0
38
FOOD SERVICES EQUIPMENT
5.0%
$13.32
0.00%
I 415,275
39
STAGE EQUIPMENT
0.8%
$2.22
0.00%
I 69,275
40
ATHLETIC EQUIPMENT
0.1%
$0.22
0.00%
I 6,927
41
WINDOW TREATMENT
0.6%
$1.70
0.00%
I 52,978
42
BICYCLE RACKS
0.0%
$0.10
0.00%
I 3,117
43
ELEVATORS
0.2%
$0.56
0.00%
I 17,319
44
FIRE PROTECTION
2.2%
$5.77
0.00%
I 179,810
Location: I Fort Worth, Texas
BID SUMMARY
Area Site = Area Bldg. _
C04 U1
Item
45
PLUMBING
6.3%
$16.67
0.00%
519,742
46
HVAC
16.1%
$42.71
0.00%
47
ELECTRICAL
11.2%
$29.64
0.00%
L48
FIRE ALARM
1.1%
$2.84
0.00%
L49
751,956
LOW VOLTAGE
0.0%
$0.00
0.00%50
COMMUNICATIONS
0.6%
$1.67
0.00%
51
AUDIO/VISUAL EQUIPMENT
2.0%
$5.31
0.00%
1 165,539
52
ACCESS CONTROL
0.5%
$1.40
0.00%
jJ11111b 43,738
0
Subtotal Direct Cost
Iff 0
0.00%
6,815,084
s.o%
Construction Contingency
GOAL
0.00%
340,754
Building Permit - By Owner
above/belo�
0.007.
0
Plan Review Fee - By Owner
0
o.91%
General Liability
75,639
0.075o%
Builders Risk
6,234
o.00%
Testing and Inspection
0
Subtotal
7,237,712
7.27%
GENERAL CONDITIONS
746,030
6.0%
Construction Fee
434,263
o.o7.
Bonus
0
Subtotal
8,418,004
ALLOWANCES:
Allowance Total
I
I
I 0
Total Construction Cost
8,418,004
1.o7o
Payment & Performance Bond
81,985
0
Sales Tax - EXEMPT
Total Construction Cost
- ' ' '
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Sarah J. Odle /
Name of Employee/Signature
Neighborhood Development Coordinator_
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
Official site of the City of Fort Worth, Texas
CITY COUNCILAGENDA FORTORTII�
COUNCIL ACTION: Approved on 8/1/2017 - Resolution No. 4820-08-2017
DATE: 8/1/2017 REFERENCE G-19052 LOG NAME: 19FIPPOLICYAMEND
NO.:
CODE: G TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Adopt Resolution Amending the Policy for the Urban Village Storefront/Fagade
Improvement Program by Changing the Eligible Project Boundary to Include Projects
Located Along Commercial Corridors Within One Half Mile of the Designated Urban
Villages and in a Community Development Block Grant Eligible Area (COUNCIL
DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the
Urban Village Storefront/Fagade Improvement Program to change the eligible project boundary to
include projects located along commercial corridors within one half mile of the designated Urban
Villages under the Program and in a Community Development Block Grant Eligible Area.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the
creation of an Urban Village Storefront/Fagade Improvement Program (Program) and adopting a
policy for the Program by Mayor and Council Communication (M&C G-17804). On May 14, 2013, the
City Council approved Resolution 4204-05-2013 changing the appellate body from the Urban Design
Commission to the Community Development Council (M&C G-17892).
Staff has had inquiries into the Program from citizens with property outside the current eligible project
boundary. The Program is funded with Urban Development Action Grant (UDAG) funds, which must
be spent in a similar manner as Community Development Block Grant (CDBG) Funds and in CDBG
eligible areas. At the June 6, 2017 Housing and Neighborhood Services Committee (HNSC)
meeting, the committee expressed interest in amending the eligible project boundary to allow
applications to be located along commercial corridors within one half mile of the designated Urban
Villages in the Program and in a CDBG eligible area. This policy amendment will allow for the
expansion of the Program while maintaining the guidelines on expending UDAG funds.
Based on approval of the HNSC, Staff is recommending adoption of the resolution amending the
Program.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
TO
Fund Department Account Project Program Activity Budget I Reference # Amount
ID I ID Year I (Chartfield 2)
FROM
Fund Department Account Project I Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Aubrey Thagard (8187)
Sarah Odle (7316)
Redline Facade Improvement Program Policv 8-01-17.0f
STOREFRONT FACADE IMPROVEMENT PROGRAM 2017 POLICY CHANGE
RESOLUTION.docx
- - . 'M&C Review
CITY COUNCIL AGENDA
Page 1 of 2
Official site of the City of Fort Worth, Texas
F�Ri TWO�xTtl
COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013
DATE: 5/14/2013 REFERENCE NO.: G-17892 LOG NAME: 17FIP POLICY
AMENDMENT
CODE: G TYPE: PUBLIC NO
CONSENT HEARING:
SUBJECT: Adopt Resolution Amending the Policy for the Urban Village Storefront/Facade
Improvement Program to Change the Appellate Body from the Urban Design Commission
to the Community Development Council (COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the
Urban Village Storefront/Facade Improvement Program to change the appellate body from the Urban
Design Commission to the Community Development Council.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the
creation of an Urban Village Storefront/Fagade Improvement Program (Program) and adopting a
policy for the Program (M&C G-17804). The policy provides that appeals of denials of funding under
the Program be heard by the Urban Design Commission. However, Staff has been advised that the
Urban Design Commission should not serve as the appellate body for the Program because it is
already part of the design approval process and hearing appeals would conflict with its role under the
Zoning Ordinance. Since the Program is funded with Urban Development Action Grant funds, which
must be spent in a similar manner as Community Development Block Grant (CDBG) funds in CDBG-
eligible areas, Staff proposed that the Community Development Council (CDC) hear appeals under
the Program. Staffs proposal was based upon the CDC's familiarity with CDBG and other federal
requirements.
Staff made a presentation about the Program and its appeals process to the CDC at its April 10, 2013
meeting and the CDC agreed to hear appeals of denials of funding under the Program. Since the
CDC has agreed to serve as the appellate body for the Program, Staff recommends amending the
policy.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18435&councildate=5/14/2O13 05/19/2015
.'M&C Review
Leticia Rodriguez (7319)
ATTACHMENTS
Page 2 of 2
AMEN DEDUVStroreFrontFacadePolicv2 7 13CG VG FINAL.pdf
STOREFRONT FACADE IMPROVEMENT PROGRAM POLICY 2013 RESOLUTION FINAL.doc
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 8435&councildate=5/14/2013 05/19/2015
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTR711
COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013
DATE: 2/12/2013REFERENCE**G-17804 LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM
NO.: NAME:
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Expenditure in the Amount of $300,000.00 in Urban Development Action Grant Program
Income for the Urban Village Store Front/Fagade Improvement Program, Adopt Appropriation
Ordinance and Resolution Adopting Program Policy (COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the expenditure in the amount of $300,000.00 of Urban Development Action Grant
program income for the Urban Village Storefront/Fagade Improvement Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of
the Grants Fund in the amount of $300,000.00 from available funds; and
3. Adopt the attached Resolution approving the creation of the Urban Village Storefront/Fagade
Improvement Program and adopting the attached Policy.
DISCUSSION:
On December 4, 2012, Staff made a presentation to the Housing and Economic Development
Committee regarding a proposed Urban Village Storefront/Fagade Improvement Program (Fagade
Improvement Program), The City does not have a program to assist with the improvement of
storefronts or fagades in targeted areas. This type of incentive program has been recommended by
consultants involved in the development of the Commercial Corridor and Urban Village
plans. However, funding has not been available.
Staff has identified the amount of $300,000.00 of Urban Development Action Grant (UDAG) program
income to use for this program. The UDAG program income funds are rental revenues received from
the lease for the City -owned parking garage under General Worth Square (City Secretary Contract
No. 11085 as amended and assigned). The construction of the parking garage, originally known as
the Radisson Parking Garage project, was funded with UDAG funds and rental revenues from the
lease are deemed "Grant Revenues" under the UDAG Grant Agreement (City Secretary Contract No.
10610). The Grant Revenues from what is now known as the Hilton Parking Garage project must be
used for projects that meet the requirements of the Community Development Block Grant (CDBG)
program and include private investment. Annual revenue from the parking garage is approximately
$100,000.00 and the project has a remaining balance of approximately $580,000.00.
The Fagade Improvement Program meets the UDAG economic development project eligibility
requirements. Staff recommends that City Council approve the creation of the Fagade Improvement
Program and approve the expenditure of UDAG funds for the program under the following
guidelines:
Program Guidelines:
• Project must be within an Urban Village and in a CDBG-eligible census block group (West 7th,
Berry -University and Magnolia Urban Villages are not eligible).
Participation by the City shall be capped in the amount of $30,000.00 per building and the
private
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17867&councildate=2/12/2013 05/19/2015
i\/'.&C Review
investment must be at least one-third the City investment ($3 private for every $1 public).
• Eligible expenditures are only for store front or fagade improvements that will improve the
aesthetics of the building.
• City funding will be on a reimbursement basis once the project is completed.
• Staff will administratively approve applications for proposed improvements.
• Appeals of Staffs denial of applications will be to the Urban Design Commission.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 442216 005206948000 $300.000.00
GR76 539120 017206948100 $300.000.00
Submitted for Citv Manaaer's Office by
Oriainatinca Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76 539120 017206948100 $300.000.00
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Avis F. Chaisson (6342)
ATTACHMENTS
17UDAGSTOREFRONTIMPROVEMENTPROGRAM A013.doc
Draft UVStroreFrontFacadePoIicv2 7 13CG.Ddf
Storefront. Facade Improvement Proaram Policv 2013 Resolution VG(1).doc
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17867&councildate=2/12/2O13 05/19/2015
FORT WORTH
Routing and Transmittal Slip
Neighborhood Services Department
DOCUMENT TITLE: Facade Imarovement Proaram Reimbursement Aareement
between City of Fort Worth and Academv of Visual & Performina Arts
M&C G-17804
M&C G-17892
M&C G-19052
DATE:
TO:
1. Sarah Odle
2. Chad LaRoque
3. Kacey Bess
4. Jessika Williams
5. Fernando Costa
CPN
6. Jannette S Goodall
7. Allison Tidwell
CSO # DOC#
INITIALS DATE OUT
Sakai, OdIp
Jun 20 2024
S—h Odle (Jun 20, 20241155 CD I
f"'
Jun 20, 2024
Chad LaVoque (Jun 20, 202411.51 CDT)
I
Jun 20, 2024
Jun 20, 2024
Jun 20, 2024
�?
Jun 20, 2024
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments
requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for
approval first. Once the ACM has signed the routing slip, David will review and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ �
ROUTING TO CSO: XYes
Action Required:
❑ As Requested
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
-1 Yes ❑ No NEXT DAY: XYes ❑ No
❑ No
❑ Attach Signature, Initial and Notary Tabs
❑ Attach Signature