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HomeMy WebLinkAbout09227 ORD - 02/05/1969JKH:2 -3 -69 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, FOR THE LIBRARY AND HEALTH AND WELFARE COMPONENTS OF THE 1969 HEAD -START PROGRAM, HEALTH, WELFARE AND HOME MANAGEMENT, AND PARK AND RECREATION COMPONENT, AND FOR CITY TO ACT AS FISCAL AGENT FOR COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, A COPY OF SAID CONTRACTS BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL, ON MAY 27, 1964, ADOPTED A POLICY STATEMENT CONCERNING POVERTY AND NEED IN THE CORPUS CHRISTI COMMUNITY; AND WHEREAS, THE STAFF OF THE CITY AND REPRESENTATIVES FROM ALL AREAS OF THE COMMUNITY HAVE CAREFULLY STUDIED ECONOMIC CONDITIONS EXIST- ING IN THE COMMUNITY; AND WHEREAS, CERTAIN OPPORTUNITIES ARE AVAILABLE THROUGH TITLE II(B) OF PUBLIC LAW 88 -452 TO PARTICIPATE WITH THE FEDERAL GOVERNMENT TO MOBILIZE THE FULL RESOURCES OF THE COMMUNITY; AND WHEREAS, THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES OF NUECES COUNTY, TEXAS, HAS RECEIVED A GRANT UNDER TITLE II -A OF THE ECONOMIC OPPORTUNITY ACT OF 1961E FROM THE OFFICE OF ECONOMIC OPPORTUNITY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES; AND WHEREAS, CERTAIN COMPONENTS OF THE PROGRAM TO BE PROVIDED BY THIS GRANT CAN BE EXECUTED BY THE CITY- COUNTY HEALTH AND WELFARE DEPART- MENT AND LA RETAMA PUBLIC LIBRARY, AND PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES FOR THE FOLLOWING COMPONENT ACTIVITIES: CGO129 C COMPONENT 0706 HEALTH, WELFARE AND HOME MANAGEMENT CGO129 C COMPONENT 0719 HEALTH AND WELFARE SUMMER HEAD -START CGO129 C COMPONENT 0738 HEALTH AND WELFARE, FULL -YEAR HEAD -START ,gyp 8 CGO129 C COMPONENT 070 PARK AND RECREATION CGO129 C COMPONENT 0707 LIBRARY 9227 ALL ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE CARRYING OUT OF SAID CONTRACTS AND THE ADMINISTRATION OF FUNDS THEREUNDER 15 HEREBY RATIFIED AND CONFIRMED. SECTION 2. THE NECESSITY FOR IMMEDIATE ACTION TO ASSURE PARTICIPATION OF THE CITY WITH THE FEDERAL GOVERNMENT IN THE ECONOMIC OPPORTUNITY PROGRAM OF THE FEDERAL GOVERNMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAYING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE &/-DAY OF FEBRUARY, 1969. ATTEST: C /ham -/ CI Y $ECR T `MQNO R 6/ THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: dye _DAY OF FEBRUARY, 1969: CITY ATT RNEY• AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER CAP GRANT NO. CGO129 PART I (of 2 parts) This Agreement entered into as of September 1, 1968, including attached conditions e shall govern certain activities of the _Corpus Christi, Nuces County Health and Welfare Department; Corpus Christi Park and Recreation Department; and Corpus Christi Library Department financed under CAP Grant No. CGO129 during the period September 1, 1968 to August 31, 1969, which are to be carried out by Health, Welfare and Home Management (0706); Health and Welfare Summer Head Start (0719); Health and Welfare Full Year Head Start (0738); Park and Recreation (0708); and Library (0707), hereinafter referred to as the "Delegate" on behalf of Community Committee on Youth Education and Job Opportunities, hereinafter referred to as the "Grantee." The Grantee and Delegate agree as follows: 1. WORK TO BE PERFORMED. The Delegate shall, in a satisfactory manner as'' determined by the Grantee, perform all activities for the Corpus Christi, Nueces County Health and Welfare; Corpus Christi Parks and Recreation; and Corpus Christi Library program accounts as approved in the OEO grant to the Grantee. 2. COMPLIANCE WITH APPROVED PROGRAM. All activities authorized by this agreement will be performed in accordance with the approved work program, the approved budget, the grant conditions and relevant OEO directives. 3. REPORTS, RECORDS AND EVALUATIONS. The Grantee shall supervise, evaluate and provide guidance to the Delegate in the conduct of activities delegated under this contract. The Delegate shall maintain such records and accounts, including property, personnel, and financial records, as are deemed necessary by the Grantee or the Director of OEO to assure a proper accounting for all project funds, both Federal and non - Federal shares as well as all other records that may be required by relevant OEO directives, with the exception of confidential client information. The Delegate further agrees that the Grantee may carry out monitoring and evalua- tion activities and to effectively ensure the cooperation of the Delegate's employees and board members in such efforts. 4. The Delegate shall name its Director of Finance, Harold F. Zick, who will certify to the truth and accuracy of any request to Grantee from Delegate for funds and will submit such request for funds in accordance with procedures and on forms provided by the City of Corpus Christi (hereinafter called Fiscal Agent) according to the contract existing between Fiscal Agent and Grantee. S. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Delegate requires an initial cash advance. If Delegate requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Delegate. But in no event greater than an amount equal to the total contract under consideration divided by the total number of months covered by the contract. The cash advance, if requested, shall be made solely from funds received by Fiscal Agent from OEO through Grantee subject to reduction at any time if, in the judgment of Agency's Operations Subcommittee, the cash advance is not necessary for Delegate to carry out its obligations. The cash advance, if any, will be liquidated against the final request for reimbursement at the end of the grant period. In no event will the outstanding cash advance be allowed to exceed the outstanding amount of that which Delegate is responsible for expending. All expenditures proposed to be reimbursed by Grantee must be submitted promptly and in no event later than ninety (90) days after the completion of the program. .6. CHANGES. The Grantee may, from time to time, request changes in the scope of the services of the Delegate to be performed hereunder. Such changes, including any increase or decrease in the amount of the Delegate's compensation, which are mutually agreed upon by and between the Grantee and the Delegate, must be incorpor- ated in written amendments to this contract. 7. COMPLIANCE WITH LOCAL LAWS. The.Delegate shall comply with all applicable laws, ordinances, and codes of the state and local governments. B. COVENANT AGAINST CONTINGENT FEES. The Delegate warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant the Grantee shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or to seek such other remedies as legally may be available. 9. DISCRIMINATION IN EMPLOYMENT PROHIBITED. The Delegate will not discrim- inate against any employee or applicant for employment because of race, creed, color or national origin. The Delegate will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color 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 forms of compensation; and selection for training, including apprenticeship. 10. POLITICAL ACTIVITY PROHIBITED. None of the funds, materials, property or services contributed by the Grantee or the Delegate under this contract shall be used in the performance of this contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 11. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this contract. 12. TERMINATION. The Grantee may, by giving reasonable written notice specifying the effective date, terminate this contract in whole or in part for cause, which shall include: (1) failure, for any reason, of the Delegate to ful- fill in a timely and proper manner its obligations under this contract, including compliance with the approved program and attached conditions, and such statutes, Executive Orders, and OEO directives as may become generally applicable at any time; (2) submission by the Delegate to OEO or to the Grantee of reports that are in- correct or incomplete in any material respect; (3) ineffective or improper use of funds provided under this contract; and (4) suspension or termination by OEO of the grant to the Grantee under which this contract is made, or the portion thereof delegated by this contract. The Grantee may also assign and transfer this contract when required by OEO direction. If the Delegate is unable or unwilling to comply with such additional conditions as may be lawfully applied by OEO to the grant to the Grantee, the Delegate shall terminate the contract by giving reasonable written notice to the Grantee, signifying the effective date thereof. In such event the Grantee may require the Delegate to ensure that adequate arrangements have been made for the transfer of the delegated activities to another Delegate or to the Grantee. In the event of any termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Delegate under this contract shall be disposed of according to OEO directives, and the Delegate shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of the contract. Notwithstanding the above, the Delegate shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of the contract by the Delegate and the Grantee may withhold any reimbursement to the Delegate for the purpose of set -off until such time as the exact amount of damages due the Grantee from the Delegate is agreed upon or otherwise determined. Signed this the �.' day of _)GG4lt/iL / 19 (o r Z [' l��' CI R// F CORPUS CHRISTI BY Grantee R. MARVIN TOWNSEND, CITY MANAGER DELEGATE ATTEST: CITY SECRETARY APPROVED: DAY OF 1969: CITY ATTORNEY DIRECTOR OF FINANCE PART II 1. The Delegate, Health and Welfare Full Year Head Start, shall spend no more than $ 57,852 in the performance of this contract. No more than the following amounts may be spent for the following purposes, except that any of these catego- ries may be exceeded by 10% of the indicated figure; 1. Personnel $ 28,737 2. Consultants and Contract Services 23,380 3. Travel 2,830 4. Space Costs and Rentals 690 5. Consumable Supplies 1,000 6. Rental, Lease or Purchase of Equipment 1,215 7. Other Costs -0- TOTAL COST OF CONPONENT 57,852 NON- FEDERAL SHARE 7,610 FEDERAL SHARE 50,242 2. The Delegate will contribute $_ 7,610 toward payment of the expenses described in paragraph No. 1 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind of the amount of $ 7,610 3. It is expressly understood and agreed that in no event will the total amount to be paid by the Grantee to the Delegate under this agreement exceed $ 50,242 for full and complete satisfactory performance. PART II 1. The Delegate, Health and Welfare Summer Head Start, shall spend no more than $ 103,268 in the performance of this contract. No more than the following amounts may be spent for the following purposes, except that any of these catego- ries may be exceeded by 10% of the indicated figure: 1. Personnel -0- 2.• Consultants and Contract Services 103,268 3. Travel -0- 4. Space Costs and Rentals -0- 5. Consumable Supplies -0- 6. Rental, Lease or Purchase of Equipment -0- 7. Other Costs -0- TOTAL COST OF COMPONENT 103,268 NON- FEDERAL SHARE FEDERAL SHARE 2. The Delegate will contribute $ 103,268 toward payment of the expenses described in paragraph No. 1 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind of the amount of $ -0- 3. It is expressly understood and agreed that in no event will the total amount to be paid by the Grantee to the Delegate under this agreement exceed $ 103,268 for full and complete satisfactory performance. • PART II 1. The Delegate Health Welfare and Home Management (0706), shall spend no more than $ 143,488 in the performance of this contract. No more than the following amounts may be spent for the following purposes, except that any of these categories may be exceeded by 10% of the indicated figure: 1. Personnel 130,368 2. Consultants and Contract Services -0- 3. Travel 6,898 4. Space Costs and Rentals 1,997 5. Consumable Supplies 845 6. Rental, Lease or Purchase of Equipment 33020 7. Other Costs 360 TOTAL COST OF COMPONENT 143,488 NON- FEDERAL SHARE 11,132 FEDERAL SHARE 132,356 2. The Delegate will contribute $ 11,132 toward payment of the expenses des - dribed in paragraph No. 1 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind of the amount of $ 11,132. 3. It is expressly understood and agreed that in no event will the total amount to be paid by the Grantee to the Delegate under this agreement exceed $ 132,356 for full and complete satisfactory performance. PART II 1. The Delegate, Parks and Recreation (0708), shall spend no more than $ 140,086 in the performance of this contract. No more than the following amounts may be spent for the following purposes, except that any of these categories may be exceeded by 10% of the indicated figure: 1. Personnel 104,925 2.• Consultants and Contract Services -0- 3. Travel 3,600 4. Space Costs and Rentals 22,911 5. Consumable Supplies 7,650 6. Rental, Lease or Purchase of Equipment 1,000 7. Other Costs -0- TOTAL COST OF COMPONENT 140,086 NON- FEDERAL SHARE 43,562 FEDERAL SHARE 96,524 2. The Delegate will contribute $43,562 toward payment of the expenses des- cribed in paragraph No. 1 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind of the amount of $ 43,562. 3. It is expressly understood and agreed that in no event will the total amount to be paid by the Grantee to the Delegate under this agreement exceed $ 96,524 for full and complete satisfactory performance. PART II 1. The Delegate, Library (0707), shall spend no more than $ 36,326 in the performance of this contract. No more than the following amounts may be spent for the following purposes, except that any of these categories may be exceeded by 10% of the indicated figure: 1. Personnel 14,562 2.• Consultants and Contract Services -0- 3. Travel 300 4. Space Costs and Rentals 4,800 5. Consumable Supplies 467 6. Rental, Lease or Purchase of Equipment 1,200 7. Other Costs 15,000 TOTAL COST OF COMPONENT 36,329 NON- FEDERAL SHARE 21,000 FEDERAL SHARE 15,329 2. The Delegate will contribute $21,000 toward payment of the expenses des- cribed in paragraph No. 1 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind of the amount of $ 21,000. 3. It is expressly understood and agreed that in no event will the total amount to be paid by the Grantee to the Delegate under this agreement exceed $ 15,329 for full and complete satisfactory performance. AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X • KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Corpus Christi (hereafter disignated "City ") and the Community Committee on Youth Education and Job Opportunities (hereafter designated as "Community Committee ") have entered into an agreement dated February 10, 1965, whereby Community Committee appoints City as its fiscal agent to receive, hold and disburse certain Community Action Program Funds; and WHEREAS, Paragraph XII of said contract provided that the parties may extend said contract, by mutual consent, to cover additional grants of a similar nature; and WHEREAS, Community Committee has received a similar grant: NOW, THEREFORE, City and Community Committee do mutually agree as follows: 1 The terms and conditions of said contract of February 10, 1965, shall apply, as if fully set out herein, to all grants received by the Community Committee through August 31, 1969. Signed this the day of 19 COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES ATTEST: President Secretary ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: R. Marvin Townsend, City Manager DAY OF 19_ City Attorney CORPUS CHRISTI, TEXAS t DAY TO THE MEiBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, / 'MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED -BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. v P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL ///�����,� " """ """ //// W. J. "WRANGLER" ROBERTS !!9