Res 2676 11/18/1980RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT FOR THE PREPARATION OF A GENERAL HOUSING PLAN
WHEREAS, the need for a general housing plan was advocated as a result
of the April 10, 1979 disaster; and
WHEREAS, the need was accepted and pursued by Midtown Now, Inc. by the
establishment of the non-profit organization, Housing Wichita Falls, Inc; and
WHEREAS, Housing Wichita Falls, Inc. contracted with Pierce M. Mahony
to prepare Phase I of the plan for an amount of $10,000.00 and Phase II, if funding
became available; and
WHEREAS, the Board of Aldermen agreed to provide a maximum of $30,000.00 '
from FY 1980-1981 CDBG Program funds; and
WHEREAS, the negotiation of an agreement with Pierce M. Mahony will pro-
vide for the completion of a study currently underway.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Stuart Bach, City Manager, is authorized to execute that certain agree-
ment, a copy of which is attached hereto, with Pierce M. Mahony, for the contin-
uation of the preparation of a General Housing Plan for an amount not to exceed
30,000.00.
PASSED AND APPROVED THIS THE /fZf ay of ;/ee Act a c 1 , 1980.
MAYOR
ATTEST:
1 Gt a LIC
CITY CLERK
CONTRACT FOR PERSONAL SERVICES
GENERAL HOUSING PLAN
THIS AGREEMENT, entered into on this
by and between Pierce M. Mahony, herein called the "Contractor" and the City
of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT:
WHEREAS, the Planning Agency desires to engage the Contractor to
render certain technical or professional services hereafter described in
connection with an undertaking which is expected to be financed by the Planning
Agency.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Supersession of Agreement. This agreement supersedes the agree-
ment entered into on May 28, 1980 by and between Pierce M. Mahony, Contractor,
and Housing Wichita Falls, Inc. , Corporation.
2. Employment of Contractor. The Planning Agency hereby agrees to
engage the Contractor and the Contractor hereby, agrees to perform in cooperation
with the Planning Agency.
3. Area Covered. The Contractor shall perform all the necessary
services provided under this contract in connection with and respecting the
following area or areas, herein called the "Planning Area": The incorporated
area of the City of Wichita Falls, Texas and its immediate environment.
4. Scope of Services. The Contractor shall do, perform, and carry
out in a satisfactory and proper manner, determined by the Planning Agency, the
services in accordance with the terms and conditions described in Exhibit One (1) .
5. Personnel.
a) The Contractor represents that he has, or will, secure at
his own expense, all personnel required in performing the services under this
contract. Such personnel shall not be employees of or have any contractual •
relationship with the Planning Agency.
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b) All of the services required hereunder will be performed
by the Contractor or under his supervision, and all personnel engaged in the
work shall be fully qualified and shall be authorized under State and Local
law to perform such services.
c) None of the work or services covered by this contract
shall be subcontracted without the prior written approval of the Planning
Agency.
6. Time of Performance. The services of the Contractor are to
commence on or prior to December 1, 1980, and shall be undertaken and completed
in such sequence as to assure their expeditious completion in light of the
purpose of this contract. All of the services required hereunder shall be
completed by June 30, 1981 in accordance with the Work Schedule presented by
the Contractor to the Planning Agency fifteen (15) working days after the contract
is signed. The Contractor shall also present. a. monthly progress report by the .
first of each month to the Planning Agency.
7. Compensation. The Planning Agency agrees to pay the Contractor
a sum of $30,000.00 for the services to be provided herein.
8. Method of Payment. The Contractor shall submit a summary of
hours worked by labor classification plus all incurred expenses and applicable
markups. Payment will be made monthly based on the percentage of work completed
as reflected in the monthly progress report. A ten percent (10%) retainer will be
withheld from each payment. Upon completion and approval of the Planning Agency,
the ten percent (10%) retainer will be paid to the Contractor.
9. Termination of Contract for Cause. If, through any cause except
for fault of Planning Agency, the Contractor shall fail to fulfill in timely
and proper manner his obligations under this contract, or if the Contractor shall
violate any of the covenants, agreements, or stipulations of this contract, the
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Planning Agency shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of
such termination. In that event, models, photographs, and reports or other
material prepared by the Contractor under this contract shall, at the option of
the Planning Agency, become its property, and the Contractor shall be entitled
to receive just and equitable compensation for any satisfactory work completed
on such documents and other material.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the Planning Agency for damages sustained by the Planning Agency by virtue of
any breach of the contract by the Contractor, and the Planning Agency may with-
hold any payments to the Contractor for the purposes of setoff until such time
as the exact amount of damages due the Planning Agency from the Contractor is
determined.
10. Termination for Convenience of Planning Agency. The Planning
Agency can terminate this contract at any time by giving written notice to the
Contractor of such termination and specifying the effective date thereof, at
least ten (10) d a ys before the effective date of such termination. In that
event, all finished or unfinished documents and other materials as described in
Paragraph 8 above shall, at the option of the Planning Agency, become its
property. If the contract is terminated by the Planning Agency as provided
herein, the Contractor 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 Contractor covered by this contract, less payments of compensation
previously made.
11. Termination of Contract for Cause by the Contractor. If work is
stopped for a period of thirty (30) days by the Planning Agency, or as a result
of an act of government, such as a declaration of a national emergency, through
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no act or fault of the Contractor, then the Contractor may, upon seven (7)
additional days' written notice to the Planning Agency, terminate the contract
and recover from the Planning Agency payment for all work executed.
12. Changes. The Planning Agency may, from time to time, require
changes in the scope of services of the Contractor to be performed hereunder.
Such changes including any increase or decrease in the amount of the contractor's
compensation, deviations in project schedule, and/or work scope which are
mutually agreed upon by and between the Planning Agency and the Contractor shall
be incorporated in written amendments to this contract.
13. Equal. Employment Opportunity.
a) The Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex or national
origin. The Contractor shall take affirmative action to ensure that applicants
are employed and that employees are treated during employment, without regard
to their race, color, religion, sex or national origin. Such actions shall
include, but not be limited to the following: employment, upgrading, demotions,
or transfers, recruitment or recruitment advertising; layoffs or terminations,
rates of pay or other forms of compensation; selection for training including
apprenticeship; and participation in recreational and educational activities.
The Contractor agrees to post in conspicuous places available to employees and
applicants for employment, notices to be provided setting forth the provisions
of this non-discrimination clause. The Contractor will in all solicitations or
advertisements for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin. The Contractor will
cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this contract so that such provisions will be binding upon such
subcontractors provided that the foregoing provisions shall not apply to contracts
II
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or subcontracts for standard commercial supplies or raw materials.
b) The Contractor shall keep such records and submit such
reports concerning the racial and ethnic origin of applicants and employees as
the Planning Agency may require.
c) The Contractor agrees to comply with such rules, regulations,
or guidelines as the Department of Housing and Urban Development (HUD) may issue
to implement this project.
14. Interest of Members of Planning Agency and Others. No officer,
member, or employee of the Planning Agency and no members of its governing
body of the locality or localities in which the Project is situated or being
carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate
in any decisions relating to this contract which affects his personal interest
or the interest of any corporation, partnership, or association in which he is,
direct or indirect, in this contract or the proceeds thereof.
15. Assignability. The Contractor shall not assign any interest in
this contract, and shall not transfer any interest in the same (whether by
assignment or notation), without the prior written consent of the Planning
Agency thereto: Provided, however, that claims for money due or to become due
to the Contractor from the Planning Agency under this contract 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
Planning Agency.
16. Interest of Contractor. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services
required to be performed in this contract. The Contractor further covenants
that in the performance of this contract no person having any such interest
shall be employed.
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17. Findings Confidential. Any reports, information, data, etc. ,
given to or prepared or assembled by the Contractor under this contract which
the Planning Agency request to be kept as confidential shall not be made
available to any individual or organization by the Contractor without the prior
written approval of the Planning Agency.
18. Officials Not to Benefit. No members of or delegate to the
Congress of the United States of America, and no resident commissioner, shall
be admitted to any share or part hereof or to any benefit to arise herefrom
19. Identification of Documents. All reports, maps, and other
documents completed as a part of this contract, other than documents exclusively
for internal use within the Planning Agency, shall carry the following notation
on the front cover or a title page, (or in the case of maps, in the same block
containing the name of the Planning Agency) :
The preparation of this report, map, document, etc. , was
financed by the City of Wichita Falls with Community
Development Block Grant funds, together with the date
month and year) the document was prepared.
20. Publication, Reproduction and Use of Material. No material
produced in whole or in part under this contract shall be subject to copyright
in the United States or in any other country. The Planning Agency, HUD, and
CONTRACTOR shall have unrestricted authority to publish, disclose, distribute,
and otherwise use, in whole or in part, any reports, data, or other materials
prepared under this contract.
21. Audits and Inspections. At any time during normal business hours
as often as the Planning Agency or HUD may deem necessary, there shall be made
available to the Planning Agency or HUD for examination all of its records with
respect to all matters covered by this contract and will permit the Planning
Agency or HUD to audit, examine and make excerpts or transcripts from such
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records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all
matters covered by this contract. It is understood that the Contractor's
accounting system is based upon the requirements of the Federal Procurement
Regulation and Cost Accounting Standards.
IN WITNESS WHEREOF, the Planning Agency and the Contractor have
executed this agreement as of the date first above written.
Stuart Bach, City Manager Pierce M. Mahony, Consultant
ATTEST:ATTEST:
SCOPE OF SERVICES
GENERAL HOUSING PLAN
CITY OF WICHITA FALLS, TEXAS
BACKGROUND '
For local gbvernmen4s, housing is a significant consideration. Residential devel-
opment is usually the predominant user of urban land. Taxes on housing are a
principal source of local government property taxes. Services to housing and
services to the citizens of this housing comprise a major portion of local govern-
ment's responsibility and expenditures. In order to meets the citizen's housing
needs for Wichita Falls and simultaneously strengthen its local ecommy and tax
base, a comprehensive housing plan needs to be conducted. Thus, the contractor
will be responsible for, but not limited to, the following:
Consultant Responsibilities
1. Identification of the city's housing trends since 1970 to include, but not limit
itself to, the following:
a. Review of previous studies that determined need, redevelopment and devel-
opment trends, and projection of needed housing stock including:
Midtown 2000
Housing Assistance Plans
Vacant Land Study, 1980
Economic Adjustment and Development Strategies for the City of Wichita
Falls, 1980
Goals for Wichita Falls, 1980
Study of Potential Demand for Single Family Residential Mortgage Funds,
Wichita Falls, Texas
Housing Element, 1977
Property Services Element, 1979
Land Use Element, 1977
Capital Improvement Program for the City of Wichita Falls
b. Review of existing programs and committees working toward housing for
Wichita Falls in order to cohesively coordinate community goals. Accom-
panied with City staff, the consultant shall meet with each listed committee,
organization or corporation at a minimum of one time to communicate the
City's desire to achieve unified housing goals for Wichita Falls. The
contents of the meeting shall be predetermined with City staff. The
organizations should include, and be limited to:
North Texas Home Builders Association
Midtown Now, Housing Committee
y
Housing Wichita Falls, Inc.
Planning Board
Board of Commerce & Industry
Wichita Falls Board of Realtors
Salvation Army
Community Action Corporation
Inter-Faith Disaster Services
Discussion with: Federal Housing Administration, Veterans Administration
At least one public hearing will be held with a representative from
each forementioned organization/corporation. It will be conducted by the
consultant and City staff to discuss and set common, unified housing goals.
The consultant will also hold a minimum of two (2) workshops with the
Planning Board to strengthen their guidance skills for housing development.
e. Identification with City's housing trends from 1970-1980 to include, but
not limit itself to, the following variables:
1) Housing stock including condition and status by identifiable geographic
unit
2) Density ranges and economic, fiscal and environmental impacts
3) Housing development trends including, but not limited to, effectiveness/
limitations of the city's growth management tools, utilization of existing
infrastructure and its fiscal impact, current land use policies, etc.
How do these variables effect the city's housing stock?
4) Sector analysis to include identification of housing problems over the
last decade. Causal factors should be determined.
2. Utilization of 1980 Census data to aggregate data and analyze the city's
population, age distribution, employment, income level, and economic indicators.
These variables should be correlated to their total impact on the city's housing
stock.
3. Housing Market Analysis conducted to analyze development trends and its impact
on the housing market, local economy (i.e. commercial, industrial development) ,
the city's tax base, etc.
4. Identification of city's redevelopment goals in harmony with previously
defined organizations. Coordination and meetings must take place with other
local organizations in order to facilitate a cohesive, workable housing
redevelopment plan. The "stage of the city's development"* shall be identified
by the consultant for each planning sector.
See attachment.
l
5. Analysis of Drawn Data to include, Luc not limitud tO, the following:
a. Causes of housing trends in relation to ilty' s growth management tools,
land use, density, etc.
b. Impacts of housing trends including discussion OC over or under development
on the housing market and its impact on the local economy and the city' s
tax base; CBD deterioration; enviionmental , infrastructure, physical, energy,
and topographical effects from current Lousing trends, attainment of community
housing goals, etc.
6. Projection of housing_ needs for net tive .rears, developed with varying scenarios
to include, but not limit itself to :
a. Scenario 1: Present housing trends continued, without' population increase,
and its environmental, energy, economic, fiscal, etc. impacts. Correlation
to previously defined demographic variables.
b. Scenario 2: Three different five year projections of housing needs assuming
0%, 1% and 3% population growth. A plan shall accompany each growth assump-
tion recommending avenues the city could take to cost-effectively meet the
projected housing needs. This shall also include suggestions to the Planning
Board as to identifying development potential in various planning sectors.
c. Scenario 3: In order to protect its economic viability, the City should be
aware of alternative actions for housing if population for Wichita Falls
slightly decreases. This scenario should recommend to the city how it
should react in order to assure itself of its tax base and meeting citizen
housing needs.
7. A Management Information System (MIS) will be established to provide a solid-
updated data base. The consultant will develop a workable system to provide
base housing data, city's fiscal capabilities, etc. A proposal as to a comput-
erized MIS system shall be provided. Sources of funding for a computerized
MIS program shall be in the MBO plea.
8. Management by objectives (MBO) tied to projected cost established for the next
five years on an annual basis for city' s housiw4 policies. The MBOs established
for each year shall be quantifiable, measurable, and tied to budgetary constraints
in order to insure efficient and cost-effective implementation. The MBOs should
be cohesive with the City of Wichita Falls' comprehensive goals.
a. Coordination of goals with previous studies and local organizations, to
include but not be limited to:
1) Elderly and handicapped needs
2) Low, moderate income needs
3) Enforcement/growth management tools
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4) City's Comprehensive Plan
5) Redevelopment needs
6) Energy conservation
b. A five year plan shall be developed for each growth scenario per sector
based on, but not limited to:
1) Quantifiable MBO community housing goals including rehabilitation, energy
conservation, elderly/handicapped needs and projected market demand.
2) Inter-relating and integrating the management by objectives (both quantified
and time table) with the other elements of the Comprehensive Plan, city
goals, and community housing goals previously set by forementioned organi-
zations/corporations.
3) Development of federal funding and other sources for identified MBO housing
action programs to include agency, program, available money, and applica-
bility to the City of Wichita Falls.
4) Impacts of the accomplished MBO goals on the neighborhood, housing market,
local economy, city's tax base, etc.
c. A ten year general plan shall be developed in regard to the projected MBO
growth scenarios and including general guidelines for the Planning Agency and
Planning Board.
9. Final Report developed by the consultant should be divided into five (5) sections.
a. Local environment including:
1) Identification of existing housing programs
2) 1970-1980 housing trends and its impact
3) 1980 demographic data and its impact on housing needs
4) Housing Market Analysis
b. Impact analysis of local housing development and needs
c. Identification of management by objective community housing goals
d. Projection of housing needs including three (3) growth scenarios tied to
recommended MBOs and fiscal constraints
e. MBO plan to achieve community housing goals (5 years - specific
10 years - general)
ATTACH.IENT
Stages of city development
1) Initial development and construction
2) Initial evidence of minor maintenance needs
3) General shift in ownership and changes in residents, uses and activities
4) Some rebuilding, remodeling and conversion of structures coupled with
continued evidence of maintenance problems
5) Significant decline in value and quality of property; increase of
vacancies and abandonment. Severe deterioration and disinvestment
in area
6) Reinvestment in property to current market standards