Res 079-83 4/19/1983RESOLUTION NO. ! !J
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DEVELOPERS. MATHIS, WEST, HUFFINES
CO, OWNERS OF MATHIS, WEST AND HUFFINES DEVELOPMENT FOR
PUBLIC SIDEWALK IMPROVEMENT
WHEREAS, the approved 1981-1982 Community Development Block Grant
Application established a Sidewalk Leveraging Program designed as an incentive
to encourage redevelopment of the central business area; and,
WHEREAS, a prerequisite of the Sidewalk Leveraging Program is that the
applicant expend six dollars ($6.00) for improvement for each City contribution
of one dollar ($1.00) for public improvement in an amount not to exceed twenty
thousand ($20,000) per block face; and,
WHEREAS, the applicant has documented expenditures for improvement
greater than the required minimum for two block faces; and,
WHEREAS, pursuant to said application the City desires to cooperate
with the developers in making certain sidewalk improvements at Block 151, Original
Townsite, facing Indiana Avenue and Seventh Street, in connection with the
development of the Mathis, West and Huffines Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute an Agreement, a copy of which
is attached hereto, with Mathis, West, Huffines & Co. , owners of the Mathis, West, '&
Huffines Development, for the improvement of public sidewalks as legally described
in the Agreement and for an amount, to be contributed by the City, not to exceed
forty thousand dollars ($40,000.00)
PASSED AND APPROVED THIS THE /My of 4I 7,,,,e_./ 1983.
A Y 0 R
ATTEST:
Jr-
et- -( Ytit..4' (-76W4-.
CITY CLERK
CITY OF WICHITA FALLS, TEXAS
PUBLIC AREA IMPROVEMENT
PART I
AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO THIS day of
1983, by and between the City of Wichita Falls, a municipal corporation located
in the County of Wichita and State of Texas (hereinafter referred to as "City") ,
and Mathis, West, Huffines & Co. , (hereinafter referred to as "Developer")
WITNESSETH
WHEREAS, the City of Wichita Falls included in its 1981-1982 Community
Development Block Grant (CDBG) Application a Sidewalk Leveraging Program designed
to encourage reconstruction of public sidewalk facilities in a manner and design
consistent with City plans and to encourage new construction and renovation of
existing privately-owned facilities, with such efforts to enhance the City's tax
base and midtown revitalization plans; and,
WHEREAS, a prerequisite of the Sidewalk Leveraging Program is that the
applicant expend a minimum of six dollars ($6.00) for private improvements for
each City contribution of one dollar ($1.00) for public sidewalk improvements in
an amount not to exceed twenty thousand dollars ($20,000.00) per block face.
NOW, THEREFORE, the City and Developer mutually agree as follows:
1. Scope of Services
A. City agrees to perform the activities consistent with the
approved 1981-1982 CDBG Application to include financial participation in payment
of construction in the public sidewalk and aesthetic improvements of the portion
of Seventh Street and Indiana Avenue abutting Block 151, Original Townsite. Such
improvements are subject to all applicable laws, program regulations and the
Grant Agreement between the City and the U.S. Department of Housing and Urban
Development (HUD) .
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B. Developer agrees to cause the public sidewalk of the portion
of Seventh Street and Indiana Avenue abutting Block 151, Original Townsite, in
connection with the development of Mathis, West, Huffines Development to be
performed in accordance with the attached site plans and specifications prepared
therefor by Dixon-Staley & Associates. Developer further agrees to expend funds
in an amount equal to at least six (6) times the compensation to be paid to
Developer by City as provided in Paragraph 3. Compensation; such Developer
expenditures shall be for private improvements associated with the Mathis, West,
Huffines Development.
2. Time of Performance. The Developer's performance of this Agreement
shall commence as soon as practicable after the execution of this contract and
shall be undertaken in the light of the purposes of this contract; but, in any
event, this contract shall terminate September 30 1983. No payments
shall be made by the City to the Developer for work required herein but uncompleted
by the aforementioned date.
3. Compensation. The City agrees to pay to the Developer a maximum
amount of Forty Thousand Dollars ($40,000.00) at a 6:1 ratio of cost incurred by
the Developer, in connection with the entire Mathis, West, Huffines Development,
which shall constitute full and complete compensation for City's obligation under
this contract.
4. Method of Payment. Payment shall be made for construction in one
payment on a reimbursable basis only after documented evidence has been presented
to the City that required public and private improvements have been made and the
required six-to-one ratio has been satisfied.
5. Developer's Contribution. In the event that the total sum paid to
the Developer under the terms of this Agreement is not sufficient for the
Developer to continue performance of his obligations hereunder until termination
date hereof, Developer shall provide sufficient funds, whether from its own or
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other non-City sources, for continued performance to fulfill the terms of this
contract.
6. Terms and Conditions and Labor Standard Provisions. This Agreement
is subject to and incorporates the provisions attached hereto as "Part II - Terms
and Conditions."
7. Future Funding. The funding of this Agreement in no way commits
the City to future funding beyond this Agreement. Any future funding is solely
the responsibility of the Developer.
IN WITNESS WHEREOF, the City and the owners, Mathis, West, Huffines &
Co. , have hereunto set our hands on the day of 1983.
CITY OF WICHITA FALLS
BY:
Dane J. Bennett, Acting City Manager
DEVELOPER, MATHIS, WEST, HUFFINES & CO.
BY:
Jerry F. Mathis, Partner
BY:
Stan S. West, Partner
ATTEST:
BY:
Vernal L. Huffines, Partner
Wilma J. Thomas, City Clerk
APPROVED AS TO LEGALITY AND FORM:
H. P. Hodge, Jr. , City Attorney
PART II
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Agreement shall be
disbursed by the Developer to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor is in compliance with requirements with regard to accounting
and fiscal matters to the extent applicable.
2. Termination of Contract for Cause. If, through any cause, the
Developer shall fail to fulfill in timely and proper manner his obligations under
this Agreement, or if the Developer shall violate any of the covenants, agreements
or stipulations of this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to the Developer of such termina-
tion and specifying the effective date thereof, at least thirty (30) days before
the effective date of termination. In such event, all finished or unfinished
documents, data, surveys, drawings, maps, models, photographs, and reports prepared
by the Developer under this Agreement shall, at the option of the City, become its
property, and the Developer shall be entitled to receive just and equitable compensa-
tion for any work satisfactorily completed hereunder.
Notwithstanding the above, the Developer shall not be relieved of the
liability to the City for damages sustained by the City by virtue of any breach of
the contract by the Developer, and the City may withhold any payments to the
Developer as determined.
3. Termination for Convenience of City. The City may terminate the
Agreement at any time by giving at least thirty (30) days notice in writing to the
Developer. If the Agreement is terminated by the City as provided herein, the
Developer will be paid an amount which bears the same ratio to the total compensation
as the services actually performed bears to the total services of the Developer
covered by this Agreement, less payments of compensation previously made.
4. Assignability. The Developer shall not assign any interest in this
Agreement, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the City thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the Developer from the
City under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the City.
5. Records.
a. Establishment and Maintenance of Records. The Developer shall
establish and maintain records in accordance with requirements prescribed by the
City, with respect to all matters covered by this Agreement. Except as otherwise
authorized by the City, the Developer shall retain such records for a period of
three years after receipt of the final payment under this Agreement or termination
of this Agreement.
b. Documentation of Costs. All costs shall be supported by properly
executed invoices and/or any other accounting documents pertaining in whole or in
part to this Agreement and shall_ be clearly identified and readily accessible.
c. Reports and Information. The Developer at such time and in such
forms as the City may require, shall furnish to the City such statements, records,
reports, data and information as the City may request pertaining to matters covered
by this Agreement.
d. Audits and Inspections. The Developer shall at any time during
normal business hours and as often as the City may deem necessary, make available
to the City for examination all of its records and data with respect to all matters
covered by this Agreement, and shall permit the City or its designated authorized
representative to audit and inspect all invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered
by this Agreement.
e. Additional Requirements. Unearned payments under this Agreement
may be suspended or terminated upon refusal to accept any reasonable additional
condition that may be imposed by the City at any time.
6. Eligible and IouliEib]c Costs.
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes and end product of the Agreement
under which the services are being performed. Care must be exercised by all con-
cerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Agreement
costs must:
1) Be necessary and reasonable for proper and efficient execution
of the contractual requirements.
2) Be in conformance with any limitations or exclusions in these
instructions, or other governing limitations.
3) Be no more liberal than policies, procedures and practices
applied uniformly to both federally assisted and other activities of the City.
4) Be accorded consistent treatment through application of
accounting policy and procedures approved and/or prescribed herein.
5) Be net of all applicable credits such as purchase discounts,
rebates or allowances, sales of publications or materials, or other income or
refunds.
6) Be in accordance with budgetary or other restriction of expense
established by City.
7) Be fully documented.
8) Comply with policies governing administrative practices,
including policies with respect to employment, salary and wage rates (current Davis-
Bacon Wage Decision) , working hours, holidays, fringe benefits (health and hospitali-
zation, retirement, etc. ) , vacation and sick leave privileges, and travel.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1) Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
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2) Contingencies. Contributions to a contingency reserve or
any similar provision for unforeseen events.
3) Fines and Penalties. Costs resulting from violations of
or failure to comply with federal, state, and local laws and re.gulations.
4) Contributions and Donations.
5) Interest and Other Financial Costs. Interest on borrowing
however represented) , bond discounts, cost of financing and refinancing options
and legal and professional fees paid in connection therewith.
7. Interest of Members of City. No member of the governing body of the
City, and no other office, employee, or agent of the City shall have any personal
financial interest, direct or indirect, in this Agreement; and the Developer shall
take appropriate steps to assure compliance.
8. Compliance with Local Laws. The Developer shall comply with applicable
laws, ordinances, and codes of the State and local governments, and the Developer
shall save the City harmless with respect to damages arising from any tort done in
performing any of the work embraced by this Contract.
9. Civil Ri:hts Act of 1964. The Developer will carry out its work under
this Agreement in a manner which will permit full compliance with Title VI of the
Civil Rights Act of 1964, as amended, so that no person shall, on the grounds of
age, race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving financial assistance.
10. Political Activity Prohibited. None of the funds, materials, property,
or services provided directly or indirectly under this Agreement shall be used in
the performance of this Agreement for any partisan political activity.
11. Lobbying Prohibited. None of the funds provided under this Agreement
shall be used for publicity or propaganda purposes designed to support or defeat
legislation pending before the United States Congress, the Texas State Legislature
or the Board of Aldermen of the City of Wichita Falls, Texas.
12. Equal Employment Opportunity. Durin ; the performance of this Agree-
ment , the Developer agrees as follows:
a. The Developer will not discriminate against any employee or appli-
cant for employment because of age, race color, religion, sex, or national origin.
The Developer will take affirmative action to insure that applicants are employed,
and that employees are treated during employment without regard to their age, race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion or transfer, recruitment
or recruitment advertising; layoff or termination; rates of pay or other terms of
compensation; and selection for training, including apprenticeship. The Developer
agrees to post in conspicuous places available to all employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
b. The Developer will, in all solicitations or advertisements for
employees placed by or on behalf of the Developer, state that all qualified appli-
cations will receive consideration for employment without regard to age, race,
color, religion, sex, or national origin.
c. The Developer will send to each Labor Union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the commitments under this section,
and shall post copies of the notice in conspicuous places available to the employees
and applicants for employment.
d. In the event of the Developer's noncompliance with the nondiscrimina-
tion clauses of this Agreement or with any of the said rules, regulations or orders,
this Agreement may be cancelled, terminated, or suspended in whole or in part, and
the Developer may be declared ineligible for further contracts.
e. The Developer will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Agreement so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions shall
not apply to contracts or subcontracts for standard commercial supplies or raw
material s.
13. Non-Segreated Facilities. The Developer certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their services
at any location, under his control , where segregated facilities'are maintained.
The Developer covenants that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his
employees to perform their services at any location, under his control, where
segregated facilities are maintained. As used in this paragraph, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants
and other eating areas, time clock, locker room and other storage or dressing areas,
transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in effect segregated on the basis of age, race, color,
creed, or national origin, because of habit, local custom, or otherwise.
14. Maintenance Responsibility. Developer will furnish and install an
exterior electrical lighting system and maintain standard operation of same plus
repair damages which may occur. City will pay for all electric utilities for this
exterior lighting system. Developer will furnish, install and maintain a sprinkler
system as indicated by plans and specifications on said property. City will furnish
water for all sprinkler systems on the right-of-way; Developer will furnish water
for planter areas in the parking lot.
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