HomeMy WebLinkAboutItem 06 - 6 Stones Mission NetworkMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
FUNDING SOURCE:
BACKGROUND:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
NOVEMBER 20, 2018
380 AGREEMENT WITH 6 STONES MISSION NETWORK
City Council to consider a 380 Agreement with 6 Stones Mission Network
for residential revitalization services.
Funds are available in the general fund account 100-44686-120-001 in the
amount of $45,000 maximum for administrative fees and 40%
reimbursement cost for each project.
In an effort to provide residential revitilization services, 6 Stones will:
1. Solicit, coordinate and oversee volunteer labor on selected projects;
2. Develop and recruit sponsors for the program;
3. Participate on the commitee selecting projects to complete, including
providing a scope and cost of each project and obtaining the homeowner's
permission;
4. Procurement of ordering, procurement and transportation necessary for
each project;
5. Obtain all necessary permits for each project;
6. Provide the City with a Post Project Completion Report for each project;
7 . Provide invoices and receipts for any non -volunteer labor/supplies
necessary to complete the project; and
8. Provide a report detailing the value of donated labor and supplies.
The City will:
1 . Provide outreach to the public regarding the projects and volunteer
needs;
2. Will oversee project application intake and assessment;
3. Check the local and State registries of sex offenders and violent crime
offenders and will reject any convicted sex offenders from consideration;
4 . The City will reimburse 6 Stones 40% of the project cost for each
project; and
5. Pay a one-time per year administrative fee of $30,000.
Term: One Year
Staff recommends approval.
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
BETWEEN CITY OF GRAPEVINE, TEXAS
AND 6 STONES MISSION NETWORK
This Economic Development Program Agreement ("Agreement") is made by
and between the City of Grapevine, a home rule municipality located in
Tarrant, Dallas, and Denton County, Texas ("City"), acting by and through
Bruno Rumbelow, its duly authorized City Manager, and 6 Stones Mission
Network, a Texas nonprofit corporation ("6 Stones"), acting by and through
Gary McKamie, its duly authorized Interim President and Chief Executive
Officer.
RECITALS
WHEREAS, 6 Stones is a non-profit corporation that engages in the
rehabilitation and repair of residential structures in need of revitalization with
labor and building materials acquired or furnished via volunteers, donations
and grants in cooperation or under arrangements with public and private
entities in the North Texas area; and
WHEREAS, as part of the long range planning and future revitalization
efforts of the City, the City adopted Ordinance Number
("Ordinance"), wherein the City authorized and approved a program of
revitalization and rehabilitation of residential structures for the purpose of
preservation and protection of the ad valorem property tax base to be known
as the Grapevine Community Powered Revitalization Program ("GCPR");
and
WHEREAS, among other things, the Ordinance establishes 6 Stones
as part of the City's economic development policy and program; pursuant to
which the City has offered an economic incentive package to 6 Stones as
outlined in this Agreement, and pursuant to Chapter 380 of the Texas Local
Government Code, Article III, Section 52-a of the Texas Constitution, and
other applicable laws (collectively, the "380 Provisions"); and
WHEREAS, the economic incentive package includes grants and
reimbursements of public money to 6 Stones in the amounts set forth in this
Agreement and the waiver of applicable City permit fees, for residential
improvements for residential revitalization projects performed by 6 Stones
under this Agreement; and
WHEREAS, the City has determined that: (i) by entering into this
Agreement, the potential economic benefits and property value stabilization
that will accrue to the City under the terms and conditions of this Agreement
are consistent with the City's economic development objectives, the GCPR
and the 380 Provisions and will further the goals for positive growth and
property value stabilization in the City, (ii) the GCPR is an appropriate means
to achieve the completion of the residential revitalization projects
contemplated in the GCPR, which the City Council has determined are
necessary and desirable, (iii) the potential economic benefits that will accrue
to the City pursuant to the terms and conditions of this Agreement are
consistent with the City's economic development objectives as outlined in the
380 Provisions, and (iv) this Agreement is authorized by the 380 Provisions;
and
WHEREAS, the City wishes to engage with 6 Stones to assist the
City by providing project administration, oversight and coordination of
volunteer and contract labor for residential revitalization of residential
structures of qualified applicants selected for inclusion in the GCPR program
(each being a "Project").
NOW, THEREFORE, it is agreed between 6 Stones and the City that:
I. TERM
The initial term ("Term") of this Agreement commences upon execution of
this Agreement by both parties and shall expire on September 30, 2019,
subject to renewal in accordance with the provisions of Article VI below.
II. PROJECT SELECTION
A. City Representative. The City Manager of the City is authorized to,
and shall designate a single individual employee of the City to act as
the official liaison and designated representative of the City ("City
Representative") for the purpose of all communications and
coordination between the City and 6 Stones in connection with this
Agreement. The initial City Representative is Jennifer Hibbs,
Assistant City Manager. The current City Representative shall
continue in that capacity until 6 Stones receives written notice of
his/her replacement from the City Manager.
B. 6 Stones Representative. The President/CEO of 6 Stones is
authorized to and shall designate a single individual representative of
6 Stones to act as the official liaison and designated representative
of 6 Stones ("6 Stones Representative"') for the purpose of all
communications and coordination between the City and 6 Stones in
connection with this Agreement. The initial 6 Stones Representative
is the Director of the Community Powered Revitalization program.
The current 6 Stones Representative shall continue in that capacity
until the City receives written notice of his/her replacement from the
6 Stones President/CEO.
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C. Project Selection. The City of Grapevine Community Powered
Revitalization Committee ("GCPR Committee") will be comprised of
the 6 Stones Representative, the City Representative and two (2)
other members appointed by the City Manager. The GCPR
Committee will meet as required to establish methodology for
selection of mutually acceptable and qualified Projects. 6 Stones
may, but will not be required to commence work on more than one
Project prior to completion of a previous Project approved under this
Agreement. 6 Stones will not commence work on any Project under
this Agreement until it has been approved by the GCPR Committee.
Projects that have been approved by the GCPR Committee will be
subject to the Project Reimbursement provisions of this Agreement.
D. Homeowner Approval. 6 Stones will not commence work on any
Project unless and until each homeowner regarding the Project has
signed an agreement authorizing the Project, and has signed the
scope of work for that Project.
III. 6 STONES OBLIGATIONS
6 Stones agrees to and will:
A. Volunteer Labor Force. Provide volunteer labor and worksite
coordination and oversight for Projects selected for inclusion in the
GCPR in accordance with this Agreement. Notwithstanding anything
to the contrary in this Agreement, 6 Stones will not be required to
provide any labor for Projects other than labor provided by
uncompensated volunteers. Express prior written approval of the
City Representative is required for any changes to the GCPR goals
or any of the terms that have been mutually approved by both parties
for any particular Project, scope of work, schedule or budget.
B. Solicitation of Volunteer Laborers. Initiate and coordinate efforts for
solicitation of volunteer laborers for approved Projects through
personal contacts, media coverage (when possible), social media
posts for events, and preparation for local distribution of printed
materials advertising GCPR events in Grapevine.
C. Sponsor Development and Recruitment. Meet and exercise
reasonable efforts to obtain support, volunteer laborers, donations of
money and/or materials and sponsorship of Projects from private
corporations and businesses, faith based organizations and non-
profit entities.
D. Participate with Grapevine Committee Meetings. Provide support to
the Grapevine Committee in making Project selections consistent
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with selection criteria supporting residents in need. Perform site
inspections of homes for Project selection and for preparing Project
scope of work and materials list.
E. Pre -Work Write -Ups. For each approved Project, 6 Stones will
complete a scope of work to be performed with an estimated cost of
each activity. All work performed will comply with city ordinances and
industry standards. The pre -work write-up will be initialed and dated
by the homeowner prior to commencing work on the Project.
F Coordination Selection of Volunteer Laborers. 6 Stones will register,
coordinate, train, and organize all volunteer laborers on Projects. If
and when required and made available, 6 Stones will coordinate the
distribution of food for volunteer laborers. 6 Stones will provide a
system of management for the volunteer laborers on all Project work
sites, which will include at least one Project leader for each Project
who, in the reasonable determination of 6 Stones is qualified by
license, experience and/or training in one or more trade fields of
residential construction (such as electrical, plumbing, framing or
roofing) to act as the coordinator of the work ("Site Captain") to be
present on each Project work site at all times when volunteer laborers
are present. The Site Captain will be responsible for overseeing the
work done by each team of volunteer laborers on the Project. The
City agrees not to be present on any Project work site while volunteer
laborers are present without being accompanied by the 6 Stones
Representative, except for the purpose of performing inspections for
permits required for the work on a Project. The City agrees not to and
will not have any authority to coordinate or instruct any individual
laborers or Site Captains on any Project.
G. Orientation of Volunteer Laborers. 6 Stones will exercise reasonable
efforts under the circumstances to provide volunteers with Site
Captains who will instruct volunteer laborers on work safety, work
tasks, work materials and supplies, use of work tools and equipment,
measures for control and accountability of tools and equipment, and
quality of work to be performed.
H. Coordination of Ordering. Procurement and Transportation
of Materials/Supplies. 6 Stones will procure such building materials
and other supplies for Projects deemed necessary by 6 Stones and
its Site Captain within the budget mutually approved for the Project
by the 6 Stones Representative and the City Representative, or as
otherwise subsequently approved by the 6 Stones Representative
and the City Representative. 6 Stones will coordinate the delivery to
and distribution of building materials and supplies to each Project
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work site, with such assistance from the City as required and
approved by the City Representative.
Permits. The City and 6 Stones agree to exercise all reasonable
efforts to facilitate the timely applications and inspections for and
issuance of all necessary permits and approvals for the work on each
Project from the City and any other applicable permitting entity. The
City agrees to and will waive all applicable City application, permit
and authorization fees for approved Projects.
J. Periodic and Final Inspections. 6 Stones will perform such
continuous site visits and observations when volunteer laborers are
on any Project work site as 6 Stones deems reasonably necessary to
complete Projects and coordinate the work activities on each Project
until completion.
K. Project Completion Documentation. For each Project, within ninety
(90) days after completion, 6 Stones will complete and provide to the
City Representative a post -completion report of the work performed
on that Project, which will include:
(1) invoices and receipts for all building material, supplies and
other out- of -pocket costs paid by 6 Stones for the Project
(and the associated out-of-pocket costs incurred for the
Project) ("Materials Expenses"); and
(2) invoices and receipts for the out-of-pocket amounts paid by 6
Stones to all skilled and licensed contractors that were
engaged to perform services that, in the sole, reasonable
discretion of 6 Stones, the volunteer laborers were not
licensed or skilled to perform or that would not be practical for
volunteer laborers to perform ("Contractor Expenses"); and
(3)
receipts or other reasonable evidence demonstrating the value
(at building contractor price) of all skilled or licensed contractor
labor and services (excluding all volunteer labor), building
material and supplies donated to that Project at arm's length by
third party donors to, or sponsors of, the Project; and
(4) before and after pictures of the Project (and where appropriate
showing some of the volunteers involved at the work site); and
(5)
the number of volunteers and volunteer hours included in the
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work on the Project, and (for Reimbursement purposes) a
computation of the value of the volunteer labor on the Project
("Volunteer Labor Value") determined by multiplying the hours
of volunteer labor included in the work on that Project by the
following labor rates:
Unskilled Volunteer $10.00 per hour
Skilled Volunteer $25.00 per hour
L. Matching Request. On completion of each approved Project 6
Stones has the right to, but is not obligated to, prepare and deliver
to the City Representative a written request ("Matching Request") for
Reimbursement (defined below) from the City for the completed
Project. Upon completion of a major promotional event by 6 Stones
promoting the GCPR or otherwise soliciting community participation
in a Project, 6 Stones may submit a Matching Request for more than
one Project, whether complete or not. The Matching Request will set
forth the Material Expenses, Contractor Expenses and Volunteer
Labor Value for each approved Project included in the Matching
Request (collectively, the "Project Cost"). The City may not issue a
Reimbursement without an approved Matching Request.
IV. CITY OBLIGATIONS
The City agrees to and will:
A. Program Outreach. After consultation with 6 Stones to coordinate the
content with the plans and efforts of 6 Stones, the City will include
mutually acceptable promotional information about the GCPR and 6
Stones' involvement therein not only the target neighborhood but to
the City at large by way of City newsletter (if any), social media, local
newspapers, water bill flyers, city website, and other means as may
be reasonably appropriate and mutually acceptable to 6 Stones and
the City.
B. Project Application Intake and Assessment. The City will accept
applications for proposed Projects and will assist GCPR applicants
with completion of such applications. The City Representative will
make all such applications available to 6 Stones on request and will
maintain records of the application information. The GCPR
committee will review and determine which applications are
acceptable for inclusion as Projects.
C. Project. The City will check all homeowners who file applications for
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inclusion of their homes in the GCPR (and all persons residing with
the applicants) by accessing the applicable registries of local and
state sex offenders and violent crime offenders. The City will reject all
applications of homeowners who (or whose residents) appear as
convicted sex offenders in such registries. The City will perform all
other checks (property tax records, etc.) to ensure that approved
Projects and homeowners meet the GCPR residential revitalization
project criteria established by the GCPR.
D. Reimbursements. For each approved Project, within thirty (30) days
after receipt of the Matching Request from 6 Stones, the City will
review the Matching Request and supporting information and, unless
the City Representative has a question or objection to the Matching
Request, which shall be resolved as set forth below, will pay and
deliver to 6 Stones an amount equal to forty percent (40%) of the
Project Cost ("Reimbursement"). In the event that the City
Representative has any question or objection of any Project Cost in
a Matching Request, the City Representative shall give written notice
thereof to the 6 Stones Representative within fifteen (15) days after
receipt of the Matching Request. The City Representative and the 6
Stones Representative will meet within ten (10) days after the date of
any objection notice from the City Representative and attempt in good
faith to resolve the question or objection. If no written objection or
question is given by the City Representative within the fifteen (15)
day period, the amount of the Project Cost in the Matching Request
will become final and determinative.
E. Maintenance of Records. The City will maintain required records for
the GCPR, including without limitation, all communications and letters
between 6 Stones and the City, all applications from homeowners, all
results of criminal background and other checks, all Project Reports
and all Matching Requests and Reimbursements.
V. PROPERTY TRANSFERENCE
A. For the purpose of creating safe, livable neighborhoods and
communities, and for the ultimate purpose of maintaining property
values within those neighborhoods, the City may transfer properties,
homes or vacant lots held in trust by the City of Grapevine to 6
Stones Mission Network for the purpose of revitalizing or building
homes or necessary structures deemed appropriate to revitalize a
neighborhood and community.
B. Such transference must be in accordance with all state laws, shall be
considered on a case by case basis and requires the approval of the
City Council.
C. The transference of property will establish metrics detailing mutually
agreed upon expectations and timeframe for completion of the
revitalization of the transferred property, home or vacant lot.
VI. RENEWAL OF TERM; TERMINATION
After the Initial Term, this Agreement shall automatically be renewed on
October 1 of each year for additional terms of one year on the same terms
and conditions as stated in this Agreement unless amended or either party
gives notice of termination as provided below. After the Initial Term, either
party may terminate this Agreement by giving thirty (30) days written notice
to the other party thirty days (30) prior to the expiration of the contract
(September 30th).
VII. PROGRAM PAYMENTS
Program payments under this Agreement will be categorized as (1)
Administrative payment, or (2) Reimbursement payments. Within forty-five
(45) days of the beginning of the Initial Term, or the beginning of each
successive renewal term, of this Agreement, the City will pay and deliver
to 6 Stones one payment in the amount of Thirty Thousand Dollars
($30,000.00) for Administrative services under this Agreement. In
accordance with the provisions of Article IV D above, the City will also
issue Reimbursement payments for one or more Matching Requests
submitted by 6 Stones. Reimbursement payments shall not exceed Thirty
Thousand Dollars ($30,000.00) total for the initial or any one year renewal
term of this Agreement.
VIII. NOTICES
Notices required by this Agreement shall be in writing and delivered via
mail (postage prepaid), commercial courier, or personal delivery or sent
by facsimile or other electronic means. Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice. Contact information
for Notices and party representatives:
City:
Bruno Rumbelow, City Manager
City of Grapevine
200 S. Main St.,
Grapevine, TX 76051
Phone: (817) 410-3105
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Fax: (817) 410-3104
Email: brumbelow@grapevinetexas.gov
6 STONES:
Gary McKamie
6 Stones Mission Network
209 N. Industrial Blvd., Ste. 241
Bedford, Texas 76021
Phone: (817) 868-7400
Fax: 817-868-7406
Email: gmckamie@6stones.org
IX. GENERAL CONDITIONS
A. Independent Contractor. Nothing contained in this Agreement is
intended to, or shall be construed in any manner, as creating or
establishing any employment, partnership, joint venture or
agent/principal relationship between the parties. 6 Stones shall at all
times remain "independent contractor" with respect to the City and
the services to be performed under this Agreement, and each of its
volunteer laborer participants shall remain as mere volunteers with
respect to both the City and 6 Stones. The City shall be exempt from
payment of all unemployment compensation, FICA, retirement, life
and/or medical insurance and Workers' Compensation Insurance,
with regard to 6 Stones and its participants.
B. Hold Harmless. To the extent of the insurance coverage provided
below, 6 Stones shall hold harmless, defend, and indemnify the City
from any and all claims, actions, suits, charges and judgments
whatsoever that arise out of the volunteers' negligent conduct or
actions related to this Agreement.
C. Insurance. 6 Stones shall obtain and maintain in place a policy of
commercial general liability insurance coverage of at least one million
dollars ($1,000,000), combined single limits and covering the
Projects.
D. Amendments. This Agreement may be amended at any time, but only
in the event that such amendment is executed in writing, signed by a
duly authorized representative of each organization, and approved
by the City's governing body.
E. Assignment. Neither the City nor 6 Stones may assign this
Agreement, in whole or in part, without the express prior written
consent of the other party. Any attempted assignment without such
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consent is void, ab initio.
F. Attorneys' Fees. If any action, whether real or asserted, at law or in
equity, arises in any legal proceeding on the basis of any provision of
this Agreement, the prevailing party shall be entitled to recover from
the other party the prevailing party's reasonable attorneys' fees and
costs in such proceeding, as determined by the court or person
presiding over such proceeding.
G. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original, but all of
which shall constitute one instrument.
H. No Third Party Beneficiaries. The provisions and conditions of this
Agreement are solely for the benefit of the City and 6 Stones and are
not intended to create any rights, contractual or otherwise, to any
other person or entity. There are no intended third party beneficiaries.
Allocation of Funds. The funds necessary to pay the Program
Payments described in Article VII for the initial one year Term are
available in currently budgeted and available general revenue funds
of the City. Program Payments for any future annual Term, if any,
may not have been included in the currently budgeted and available
general revenue funds of the City. The City's obligation to make
Program Payments for any future annual Term, if not included in the
currently budgeted and available funds of the City for the current
fiscal year, are conditioned on funds being budgeted and available
for Program Payments in future fiscal years. In the event that
sufficient funds for the payment of all of the City's Program Payments
for any annual Term after the initial Term are not included in the City's
budget for the applicable budget year of the City, the City will
immediately give notice thereof to 6 Stones and 6 Stones will be
immediately released from all obligations and duties under this
Agreement thereafter.
X. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Retention.
(1) Client Data. The City shall maintain applicant data demonstrating
homeowner (and other associated residents) eligibility on
approved Projects. Such data shall include, but not be limited to,
homeowner (and other residents) name, address, income level
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or other basis for determining eligibility, results of background
checks and description of the work performed on the applicable
Project. Such information shall be made available to 6 Stones or
its designees for review upon request.
(2) Disclosure. 6 Stones understands that applicant information
collected under this Agreement is private and the use or
disclosure of such information, when not directly connected with
the administration of the City's or 6 Stones' responsibilities with
respect to services provided under this Agreement, is prohibited,
unless written consent is obtained from such homeowners and
other applicable residents in the approved Projects and, in the
case of a minor, that of a responsible parent/guardian. The
parties, however, acknowledge that applicant information or data
may be, in certain circumstances, public information that must be
disclosed as required by the provisions of the Texas Public
Information Act.
XI. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the
remainder of the Agreement shall not be affected thereby and all other
parts of this Agreement shall nevertheless be in full force and effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement
are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
XIII. WAIVER
Either Party's failure to act with respect to a breach by the other Party
does not waive its right to act with respect to subsequent or similar
breaches. The failure of either Party to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
XIV. FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement
that if the performance of any obligations hereunder is delayed by
reason of war, civil commotion, acts of God, inclement weather, or
other circumstances which are reasonably beyond the control or
knowledge of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such
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circumstance is similar to any of those enumerated or not, the party
so obligated or permitted shall be excused from doing or performing
the same during such period of delay, so that the time period
applicable to such requirement shall be extended for a period of time
equal to the period such party was delayed.
XV. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the City and
6 Stones for the use of funds received under this Agreement and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the City and 6
Stones, with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the
day of ,20
City of Grapevine 6 Stones Mission Network
By: By:
Bruno Rumbelow, City Manager Gary McKamie, President/CEO
Attest:
By:
Tara Brooks, City Secretary
(City Seal)
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