HomeMy WebLinkAbout2000 08 28 Regular F Wyman Fields Foundation Contract
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City Manager Department
Agenda Item Regular "F"
August 28, 2000
Page 1 of2
C:OMMISSION AGENDA
ITEM F
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
8- 28-00
Meeting
MGR. ~ /DEPT
Authorization
REQUEST: The City Manager requesting the Commission to authorize the City
Manager to enter into a contract with Wyman Fields Foundation to
administer C.D.B.G. Funded Street Improvem.ents to receive a status
repOJrt on Phase I of the housing project and discuss issues relating to
Phas(: II and Phase III of the project.
PURPOSE: The purpose of this agenda item is to get Commission authority for Wyman
Fields Foundation to administer the C.P.D.G. fu1jlded road improvement
agreement of the housing improvement project, to give the Commission a
status report on Phase I, and to discuss future phases.
CONSIDERATIONS:
On February 23, 2000 the City Commission entered into a development
agreement with Wyman Fields Foundation to rehabilitate and convert four-
plex housing units on the West Side of the city to ownership units.
One component of the project is improvements and conversion of Rhoden
Lane to a public street.
Since the road improvements were included in the contractor's bid to
Wyman Fields, allowing Wyman Fields to manage this component of the
project could save as much as three months.
If the city chose to manage the project we would have to bid the project
causing a three-month delay.
FUNDING: Funding for the project is Community Development Block Grant Funds.
City Manager Department
Agenda Item Regular "F"
August 28, 2000
Page 2 of2
RECOMMENDATION:
It is recommended that the Commission:
1. Authorize the City Manager to enter into a contract with Wyman Fields
Fm.mdation to manager improvements to Rhoden Lane.
2. Receive a Phase I status report.
3. Discuss future phase issues and provide staff with any direction the
Commission deems appropriate.
ATTACHMENTS:
Proposed Contract.
Moss Cove Community Revitalization Update
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
CDBG SUBCONTRACT AGREEMENT
THIS.CDBG SUBCONTRACT AGREEMENT ("Agreement") is made and entered into
as of the -:::? (>J--- day ofU~'..A /l~ _,2000, by and between the CITY OF WINTER SPRINGS,
a Florida Municipal Corpo]~d WYMAN FIELDS FOUNDATION, INC., a Florida Not For
Profit Corporation ("Sub<:ontractor").
WITNESSETH:
WHEREAS, City of Winter Springs is currently a party to that certain Interlocal Agreement
between Seminole County and the City of Winter Springs, dated the ~ day of February
2000 for purposes of implementing the Community Development Block Grant Program (Program
Year 1999/2000)for infra.,ltructure improvements within the City of Winter Springs to benefit low and
moderate income residents of Seminole County, Florida ("CDBG Agreement"); and
WHEREAS, Section 17 of the CDBG Agreement permits the City to subcontract the
performance of activities required to be performed by the City as set forth therein; and
WHEREAS, Subcontractor desires to subcontract with City to perform the activities set forth
in the CDBG Agreement; and
WHEREAS, Subcontractor represents and warrants to City that they have the personnel,
tools, materials, and experience to perform the activities set forth in the CDBG Agreement.
NOW THERE]{ORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties acknowledge has been received, the parties
agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference
are fully incorporated into this Agreement.
2.0 Subcontract: In accordance with Section 17 of the CDBG Agreement, the City hereby
subcontracts the activities described in Exhibit "A" of the CDBG Agreement (and all other
obligations contained in the CDBG Agreement) to Subcontractor and Subcontractor shall comply
with all terms and condiltions and all applicable laws, rules and regulations set forth in the CDBG
Agreement, as ifSubcon1ractor was an original named party of the CDBG Agreement instead of the
City. The CDBG Agreement, and Exhibits "A", "B", "C", "D", and "E" , are attached hereto as
Exhibit "1" and fully made apart of this CDBG Agreement by this reference.
3.0 Permits. Subcontractor shall obtain all local, state, and federal permits necessary to
perform the activities required by the CDBG Agreement.
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4.0 Subcontractor Pa.yment and Expenses. There shall be no payment of any kind due
Subcontractor by City f{)r the activities performed under this Agreement. Subcontractor sole
remuneration for all activiJies performed under this Agreement shall be reimbursement for the cost
of providing professional construction administration services for engineering and design of street
lights, repaving and sidewalks and associated infrastructure improvements to benefit low and
moderate income residents of Winter Springs pursuant to the terms and conditions of the CDBG
Agreement and this Agreement.
5.0 Due Diligence. Subcontractor acknowledges that they have investigated the requirements
of the CDBG Agreement and this Agreement prior to the execution of this Agreement and are
satisfied as to the conditions affecting the activities required, the availability of materials and labor,
the cost thereof, the requirements to obtain necessary insurance, permits, professional services, and
the steps necessary to complete the services within the time set forth in the CDBG Agreement. The
Subcontractor warrant Illnto the City that they have the competence and abilities to carefully,
professionally, and faithfully complete the activities under this Agreement and the CDBG Agreement
in the manner proscribed in said Agreements. The Subcontractor will perform the activities under
this Agreement and the CDBG Agreement with due and reasonable diligence consistent with sound
professional and labor practices.
7.0 Miscellaneous:
7.1 Time is of the Essence. Time is of the essence of this Agreement.
7.2 Non-BUl.iness Day. In the event that any period of time as set forth in this
Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other
non-business day, then such date shall automatically extend to 5:00 p.m. on the next
subsequent business day.
7.3 No Assi~:nment. This Agreement shall not be assigned or transferred.
7.4 Third Party Rights. This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any party not
expressly a party to this Agreement.
7.5 Furthe.. Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act(s) and
execute and deliver any further documents which may be necessary or desirable in
order to carry out the purposes and intentions of this Agreement.
7.6 Legal Representation. The parties acknowledge that Anthony A. Garganese,
Esquire, and Amari & Theriac, P.A., and the other attorneys therein, have acted as
counsel for City in connection with this Agreement and the transactions contemplated
herein, ,md has not given legal advice to any party hereto other than City.
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7.7 Severabnllity. If any provision of this Agreement is held to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless remain in full force and
effect, unless the absence ofthe invalid, void or unenforceable provision or provisions
causes this Agreement to fail in its essential purposes.
7.8 Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. The parties further agree that in any
dispute between them relating to this Agreement, exclusive jurisdiction shall be in the
trial courts located in Seminole County, Florida, any objections as to jurisdiction or
venue in such courts being expressly waived.
7.9 Attorney's Fees. In the event any litigation or controversy arises out of or in
connection with this Agreement between the parties hereto, the prevailing party in
such litigation or controversy shall be entitled to recover from the other party or
parties all reasonable attorney's fees and paralegal fees, expenses and suit costs,
including those associated with any appellate or post-judgment collection
proceedings.
7.10 Non-Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver of
that or allY other right, unless otherwise expressly provided herein.
7.11 Notices. Section 26 ofthe CDBG Agreement is hereby amended to include:
For Subcontractor:
Candice Birle, CEO
207 Moss Road North, Suite 105
Winter Springs, Florida 32708
(407) 327-0408; Fax: (407) 327-0308
7.12 Public Record. It is hereby specifically agreed that any record, docU01ent,
computerized information and program, audio or video tape, photograph, or other
writing of the Subcontractor related, directly or indirectly, to this Agreement and the
CDBG Agreement, may be deemed to be a Public Record whether in the possession
or control of the City or Subcontractor. Said record, docU01ent, computerized
information and program, audio or video tape, photograph, or other writing of the
Subcontractor is subject to the provisions of Chapter 119, Florida Statutes, and may
not be destroyed without the specific written approval of the City. Upon request by
the City, the Subcontractor shall promptly supply copies of said public records to the
City. All books, cards, registers, receipts, docU01ents, and other papers in connection
with this Agreement and the CDBG Agreement shall during normal business hours
of Sub<:ontractor be open and freely exhibited to the City for the purpose of
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exan1ination and/or audit.
7.13 Interpretation. The City and Subcontractor have participated in the drafting of all
parts of this Agreement. As a result, it is the intent of the parties that no portion of
this Agreement shall be interpreted more harshly against either of the parties as the
drafter.
7.14 Independent Subcontractor. Subcontractor shall be considered independent
Subcontractor under this Agreement and the CDBG Agreement.
8.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between
the parties and supersedes all prior negotiations, representations, or Agreements, either oral or
written, and all such matters shall be deemed merged into this Agreement.
9.0 Sovereign ImmlllDity. Nothing contained in this Agreement shall be construed asa waiver
of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law.
10.0 General Liability Insurance. For all acts and activities performed hereunder, the
Subcontractor shall purchase and maintain, at its own expense, such general liability insurance and
automobile liability insurance to cover claims for damages because of bodily injury or death of any
person or property daJ1ll~~e arising in any way out of the activities performed by Subcontractor under
this Agreement and the CDBG Agreement. The insurance shall have minimU01limits of coverage of
$1,000,000.00 per occunrence combined single limit for bodily injury liability and property damage.
This shall include, but not be limited to, automobile liability of owned vehicles, hired and non-owned
vehicles, and employee non-ownership. All insurance coverage shall be with insurer(s) approved
by the City Manager and licensed by the State of Florida to engage in the business of writing of
insurance. The City shall be named on the foregoing insurance policies as "additional insured."
The Subcontractor shall cause its insurance carriers to furnish insurance certificates and
endorsements specifying the types and amounts of coverage in effect pursuant hereto, the
expiration dates of suc.h policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days prior written notice to the City in compliance with other
provisions of this Agreement. If the City has any objection to the coverage afforded by or other
provision of the insurance required to be purchased and maintained by the Subcontractor in
accordance with this paragraph on the basis of its not complying with the Agreement, the City
shall notify the Subcontractor in writing thereof within thirty (30) days of the date of delivery of
such certificates and endorsements to the City. For all acts and activities performed pursuant to
this Agreement and the CDBG Agreement, the Subcontractor shall continuously maintain such
insurance in the amounts, type, and quality as required by this paragraph.
11.0 Indemnification and Hold Harmless. To the fullest extent permitted by law, the
Subcontractor agrees to indemnify and hold harmless the City and Seminole County and their
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respective employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees through
any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly
arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting
from their perfommnce of the activities and obligations required by this Agreement and the CDBG
Agreement and/or Subcontractor's failure to comply with any term of this Agreement and the CDBG
Agreement.
The indemnification provided above shall obligate the Subcontractor to defend at its own
expense or to provide for such defense, at the sole option ofthe City, as the case may be, of any and
all claims of liability and all suits and actions of every name and description that may be brought
against the City or its employees, officers, and attorneys which may result from the Subcontractor's
performance of the activities and the terms and conditions under this Agreement and the CDBG
Agreement whether said performance is by the Subcontractor or anyone directly or indirectly
employed or hired by them In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be subject to and included with this indemnification provided herein,
as long as said fees an:: reasonable. This indemnification shall survive the termination of this
Agreement.
12.0 Standard of Care. In perfom1ing hereunder, the Subcontractor shall use that degree of care
and skill ordinarily exercised, under similar circumstances by reputable members of their profession
practicing in the same o:r similar locality.
13.0 Termination. This Agreement may be tem1inated by City at any time with or without cause.
14.0 Term. The tenn of this Agreement shall be from the effective date until the full completion
and satisfaction of the terms and conditions of this Agreement and the CDBG Agreement by all
parties or the termination of this Agreement pursuant to paragraph 13.0.
15.0 Subcontractor's Signatory. The person executing this Agreement on behalf of
Subcontractor hereby represents and warrant that he/she has the full authority to sign the Agreement
on behalf of the Subcontractor and to fully bind the Subcontractor to the terms and conditions set
forth in this Agreement and the CDBG Agreement.
[This portion intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
CITY:
CITY OF WINTER SPRJINGS, FLORIDA:
By: ~M~.,tL
Ron Mclemore, City' :Manager
Dat~: 8'~J1- o~__
SUBCONTRACTOR:
WYMAN FIELDS FOUNDATION, [Ne.
il // ~;~. ')
Byfc-;J~LR . ;/ JAoJV '
Candace Bide, EO /
Date: .8 ~,~ / -00
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CEo
Moss Cove
Community Revitalization
Update
OVERALL CONCEPTUAL PLAN
LOCATION TOTAL
UNITS
Rhoden Lane 20 units
Kristi Ann Court 32 units
Cory Lane 56 units
Lori Ann Lane 64 units
FairFax Avenue 20 units
Garden Avenue 40 units
TOTAL 232 units
PURCHASED REHAB
UNDER CONTRACT FOR SALE
20 units 10 units
32 units 25 units
36 units 0
22 units 0
4 units 0
12 units 0
126 units 35 units
PROJECT COST( SLx Years)
9.3 million in acquisition
5.8 million in rehab
15 million
PHASE I (Rhoden & Kristi)
Acquisition of 66 units
Rehab of35 uruts
Rehab of 17 urdts
April 2000
August 2000
August 2001
For Sale
For Sale
Dec 2000
Dec 2001
PHASE II (Cory & Lori)
Acquisition of 60 units
Rehab of35 urdts
Rehab of 39 urdts
September 2000
August 2002
August 2003
For Sale
For Sale
Dec 2002
Dee 2003
PHASE III (Fairfax & Garden)
Acquisition of 106 units
Rehab of 50 urdts
Rehab of 56 urdts
April 2001
August 2004
August 2005
For Sale
For Sale
Dee 2004
Dec 2005
UPDATE PHASE I (Rhoden & Kristi) 8 town homes pre sold as of 8/31/00
Acquisition of 66 units April 2000
Rehab of35 units August 2000
Rehab of 17 units August 2001
Acquisition
Rehab
Total
City Contribution
For Sale
For Sale
$2,600,000
S; 975,000
~)3.575.000
S 869,000 (24%) ($87,000 (10%) project delivery fee)
.OPEN HOUSE, AUGUST 30TII, 3:00 P.M.
Crime Rate
Rhoden Lane..............72 % decrease
Kristi Ann Oourt......50% decrease
Dee 2000
Dec 2001
PHASE II (Cory & Lori)
Acquisition of 60 units
Rehab of35 units
Rehab of 39 un:its
Acquisition
Rehab
Total
City Contribution
September 2000
August 2002
August 2003
For Sale
For Sale
$2,400,000
$1,575,000
;&3.975.000
$ 836,740 (21 %) ($54,740 (7%) project delivery fee)
.CITY PROPERTY FOR COMMUNITY CENTER
.:CDBG REQUEST FOR SUBDIVISION WALLS
.PHASE II COMMITMENT/CONTRACT
Crime Rate
Lori Ann........34% increase
Dec 2002
Dec 2003
Retention Pond (Comer of 434 and Moss Road)
Vacant Lot (Moss Road next to office complex, behind Cory)
Retention Pond (End of Rhoden)
*~CITY CODE VIOLA TIONSIPROPERTY LIENS
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