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HomeMy WebLinkAboutPR 21441: MOU WITH TENDER LOVING CARE CENTER FOR CHILDREN DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS Date: June 11, 2020 To: Ron Burton, City Manager Mayor and City Council From: Beverly A. Freeman, Housing&Neighborhood Revitalization Manager RE: P.R. 21441-Authorizing a Memorandum of Understanding between the City of Port Arthur and Tender Loving Care Center for Children(TLCCC) dba Legacy Community Development Corporation(Legacy CDC) Nature of the request: It is recommended the City Council adopt P. R. 21441 authorizing the City Manager to execute a Memorandum of Understanding between the City of Port Arthur and Tender Loving Care Center for Children (TLCCC) dba Legacy Community Development Corporation (Legacy CDC) for the construction of affordable housing in the downtown target area. StaffAnalysis/Considerations: TLCCC dba Legacy CDC will build, market, and sell affordable homes at appraised value to eligible homebuyers whose income range is 60%up to 120% area median income (AMI). Recommendation: It is recommended the City Council adopt P. R. 21441 authorizing a Memorandum of Understanding between the City of Port Arthur and TLCCC dba Legacy CDC for the construction of affordable housing in the targeted downtown area. Budget Consideration: N/A P. R. 21441 6/11/20 BF RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND TENDER LOVING CARE CENTER FOR CHILDREN (TLCCC) DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION (LEGACY CDC) FOR THE DEVELOPMENT OF AFFORDABLE HOUSES ON NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTIES IN THE DOWNTOWN TARGETED AREA. WHEREAS, pursuant to Ordinance 17-20, City Council approved Tender Loving Care Center for Children (TLCCC) dba Legacy Community Development Corporation (Legacy CDC), to collaborate with the City of Port Arthur for development of affordable housing on Neighborhood Stabilization Program (NSP) properties in the downtown target area; and, WHEREAS, all affordable homes will be built, marketed, and sold at appraised value to eligible homebuyers whose income ranges between 60% to 120% Area Median Income (AMI); and, WHEREAS, it is deemed in the best interest of the City of Port Arthur to authorize the City Manager to execute a Memorandum of Understanding between the City of Port Arthur and TLCCC dba Legacy CDC for the development of affordable houses in the downtown target area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT City Council hereby authorizes the City Manager to execute a Memorandum of Understanding between the City of Port Arthur and TLCCC, dba Legacy CDC in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: COUNCILMEMBERS: NOES: THURMAN "BILL" BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: A () VAL TIZENQO CITY ATTORNEY APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER i 4) BEVERLY FREEMAN, OUSING AND NEIGHBORHOOD R VITALIZATION MANAGER ATTACHMENT "A" MEMORANDUM OF UNDERSTANDING BETWEEN TENDERL LOVING CARE CENTER FOR CHILDREN DBA LEGACY, CDC, AND CITY OF PORT ARTHUR THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") made and entered into effective as of the day of , 2020 (the "Effective Date"), by and between Tender Loving Care Center for Children (TLCCC) dba Legacy Community Development Corporation (Legacy CDC") and THE CITY OF PORT ARTHUR". RECITAL THE CITY OF PORT ARTHUR desires to retain and engage TLCCC DBA LEGACY, CDC as a DEVELOPER and TLCCC DBA LEGACY, CDC desires to contract with the City of Port Arthur to develop market, and sell affordable housing to eligible homebuyers in the downtown target area whose income ranges between 60% up to 120% of the area median income (AMI). All homes will be sold in the amount not to exceed the appraised value. NOW, THEREFORE, in consideration of the mutual covenants herein contained, THE CITY OF PORT ARTHUR hereby engages and retains TLCCC DBA LEGACY, CDC as an Independent Contractor: (A) Recital: The recital set forth above and the Proposal for Services attached hereto as Attachment "A" are incorporated into this Agreement as if fully set forth herein, for all purposes. (B) Term: The term of this Agreement shall begin effective , 2020 and shall continue , for completion of Services, or until earlier terminated pursuant to paragraph D below. (C) Compensation: During the term of this Agreement, TLCCC DBA LEGACY, CDC acknowledges and agrees that the project is totally funded and completed by the developer and the City of Port Arthur is only providing funding for eligible infrastructure projects (Installation of water and sewer lines up to the foundation). (D) Services: TLCCC DBA LEGACY, CDC agrees to provide Services to THE CITY OF PORT ARTHUR as set forth in Attachment "A" provided that such services may be modified from time to time by written agreement of both parties. (E) Termination: THE CITY OF PORT ARTHUR shall be entitled to terminate this Agreement in the event that TLCCC DBA LEGACY, CDC fails or refuses to perform its obligations. In addition, THE CITY OF PORT ARTHUR may also terminate this agreement upon thirty (30) days written notice for convenience or in the event of the termination or lack of funding. (F) Independent Contractor: Nothing in this Agreement shall be construed to create the relationship of employer and employee or a joint venture or partnership agreement. TLCCC DBA LEGACY, CDC shall be at all times and for all purposes an Independent Contractor and, accordingly, THE CITY OF PORT ARTHUR will not make any deductions for taxes or other deductions from compensation. As an Independent Contractor, TLCCC DBA LEGACY, CDC will pay its own taxes and be responsible for securing its own vehicle insurance and shall fully indemnify THE CITY OF PORT ARTHUR for any such liability. TLCCC DBA LEGACY, CDC recognizes and agrees that it has no authority to bind or commit THE CITY OF PORT ARTHUR except as expressly authorized by THE CITY OF PORT ARTHUR. (G) Performance: TTLCCC DBA LEGACY, CDC agrees that it will to the best of its ability and experience perform all of the duties which may be required pursuant to this Agreement, and will exercise the same degree of skill and care in performing said services as normally employed by persons performing the same or similar services. (H) Insurance: TLCCC DBA LEGACY, CDC shall, at its own expense, maintain liability insurance on any personal automobile used for business purposes with a minimum of$1,000,000 combined single limit. TLCCC DBA LEGACY, CDC shall further maintain, at its own expense, general liability insurance in the amount of $1,000,000 each occurrence, Umbrella Liability in the amount of$1,000,000 each occurrence, and Workers Compensation coverage as required by law. Proof of insurance shall be furnished to THE CITY OF PORT ARTHUR upon request, and shall list THE CITY OF PORT ARTHUR as an additional insured upon request. (I) Outside Activities: This Agreement is not intended to prohibit TLCCC DBA LEGACY, CDC from accepting other employment or providing services to its own clients provided that such employment does not compete with or substantially interfere with the business of THE CITY OF PORT ARTHUR and does not create a conflict with THE CITY OF PORT ARTHUR partners including the City or THE CITY OF PORT ARTHUR incentive recipients. (J) Confidentiality: Any information, including client information, which THE CITY OF PORT ARTHUR may disclose to TLCCC dba LEGACY, CDC in connection with this Agreement will be considered confidential and TLCCC dba LEGACY, CDC will not disclose said confidential information to any person unless expressly authorized by THE CITY OF PORT ARTHUR. TLCCC dba LEGACY, CDC shall not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm, or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of THE CITY OF PORT ARTHUR, including its manner of operation, its plans, processes, data or any other information not generally known in the practice but which has been disclosed to TLCCC DBA LEGACY, CDC or become known by it as a consequence of this engagement by THE CITY OF PORT ARTHUR. All documents, records, word papers and correspondence prepared by Independent Contractor while in the engagement of THE CITY OF PORT ARTHUR are the property of THE CITY OF PORT ARTHUR and after termination of this Agreement shall remain with THE CITY OF PORT ARTHUR. (K) No Assignment: TLCCC dba LEGACY, CDC acknowledges that the services to be performed hereunder are unique and personal. Accordingly, TLCCC DBA LEGACY, CDC may not assign any of his rights or delegate any of his duties or obligations hereunder without the prior written consent of THE CITY OF PORT ARTHUR. (L) Mutual Limitation of Liability: Notwithstanding any other provision of this Agreement, neither party hereto, including their respective officers, agents, servants, and employees, shall be liable to the other party for lost profits or punitive damages or for any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused or based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if advised about the possibility of such damages. (M) Governing Law: This Agreement is deemed to be effective in and shall be construed in accordance with the laws of Texas, and shall not be modified or amended except in writing signed by all parties. Jurisdiction shall be in a court of competent jurisdiction in Jefferson County, Texas. WITNESS our signature, this the day of , 2020. City of Port Arthur By: WITNESS our signature, this the day of , 2020. Tender Loving Care Center for Children dba Legacy Community Development Corporation By: Vivian Ballou, Executive Director EXHIBIT "A" CONSTRUCTION AND/OR REHABILITATION OF IMPROVEMENTS The Local Partner must conduct and complete construction and/or rehabilitation of the Leased Premises within a reasonable time frame. Construction shall commence within 6 months of the Effective Date of the Lease. All construction and/or rehabilitation shall be completed pursuant to the requirements of the Federal, State and Local Codes, Ordinances, Regulations and other Federal Requirements and program policies, the Lease, and any and all provisions of the Memorandum of Understanding (the "MOU") between the Corporation and Local Partner, and in full compliance with all laws and regulations.