Loading...
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. 2 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 3 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 4 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 5 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 6 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 8 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 9 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 10 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 11 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) 12