HomeMy WebLinkAbout11037 ORD - 08/16/1972JRR: HG :l
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AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT FOR CODE ENFORCEMENT PROGRAM UNDER TITLE I OF
THE HOUSING ACT OF 1949, AS AMENDED, IN THE AIRPORT
PARR AND LEXINGTON SUBDIVISION AREAS FOR A TOTAL
FEDERAL SHARE OF $900,596, ALL IN ACCORDANCE WITH
THE ATTACHED EXHIBIT "A" WHICH IS MADE A PART HERE -
OF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. The City Manager be, and he is hereby, authorized to
execute a contract with U. S. Department of Housing and Urban Development
for Code Enforcement Program under Title I of the Housing Act of 1949, as
amended, in the Airport Park and Lexington Subdivision Areas, being Contract
No. TEX. E- 21(G), a copy of which is attached hereto and made a part hereof,
and authorizing the City Manager to do such things as are necessary to carry
out the aforesaid program on the part of the City of Corpus Christi.
SECTION 2. The necessity to execute the aforesaid proposed Grant
Contract for Code Enforcement Program in order to provide adequate low -price
housing in the City of Corpus Christi creates a public emergency and imperative
public necessity requiring the suspension of the Charter rule that no ordi-
nance 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 such emergency and necessity
to exist, and having requested the suspension of the Charter rule 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_ZL_r_C day of gust, 972.
ATTEST:
City Secret ry
APPROVED:
_DAY OF AUGUST, 1972:
Cg, fqclv, City Attorney
:. ®3'7
GRANT COH'MACT FOR CODE ENFORCE PMT PRCG W4
. PART I
THIS AGREEK' -:NT, consisting of this Pert I and the Terns and Conditions
(Form No. HUD- 3126b, dated 5 -69 (as amended and modified hereby]) forming
Part II hereof (iihich Petits, together, are herein called the "Contrast "),
made and entered into on the date hereinbelo;r specified, by and between
the City of Corpus Christi
(herein celled the "Grantee ") and the United States of America herein called
the "Government "), WIT11LSSZTH:
In consideration of the mutual covenants, promises, and representations
contained herein, the parties hereto do agree as follows:
SEC. 1. Purpose of Contcaet. - -TWe purpose of this Contract is to provide
for the extension by the Government to the Grantee of certain Federal
financial aisiaLance under Section 117 of Title I of the Housing Act of 1949,
as amended by all amendatory Acts, and as governed by the Uniform Relocation
Assistance end Real Property Acquisition Policies Act of 1970 (all such
Acts being herein sometimes called "Title I'% with respect to the Program
described in Section 2 hereof, and to state the terms and conditiohs
upon which such assistance will be extended and the understandings of the
parties hereto as to the manner in which they contemplate that the Program
,,rill be carried out.
SEC. 2. The Proqrsm.- -The Grantee agrees to initiate and carry out a Code
Enforcement PrcE; am (herein called the "Program"), consisting of concentrated
code enforcement activities, the provision of certain public improvements
in a certain area or areas (herein called the "Code Enforcement Area ") and
the carrying out of a place of relocation, including the provision of
relocation pf�yments end assistance, for displaced individuals, families,
and business concerns, as described in the Application and approved by
the Government.
SEC. 3. Additional Public Improvements.- -The Grantee also agrees to provide,
or to take appropriate steps to assure that. there will be provided, those
additional public improvements needed to assure the stability of the Code
Enforcement Area, described in the Application and approved by the Government
as public Laprove.ments to be provided at no cost to the Government under
this Contract.
SEC. 4. Code Enforcement Area.—The Code Enforcement Area is situated in
the City of Corpus Christi, County of Nueces, State of Texas
and is described in Exhibit As attached hereto and made a part hereof by
reference.
- 1
•
•
SEC. 5. Tlic Grant.- -The Government will mace to the Grantee a grant- for
the Program in an amount equal to three- fuurts• of the
actual cost of the Program anthorizcd 1wreundcr, plus the amount necessary
to fully fund the re location and property acouislLion costs payable as
provided by Section 6(a)(1) hereof, or $ 388,596 , whichever is
less.
SEC. 6. Relocation and Prr crty. Acquisit'on Costs. --
(a) 1.} nts and Assistance. - -The Grantee agrees to make relocation
payments and payments for eligible,expenses incidental to transfer
of title and condemnation litigation, and to provide relocation
assistance, to or on behalf of eligible recipients in connection
with the Program in accordance with and to the full extent permitted
by the regulations or other requirements of the Secretary and
within the budgetary limitations of this Contract.
(1) Notwithstanding any other provision of this Contract, the
Government shall fund, as part of the grant payable under
Section 5 hereof, the full amount- of the first $25,000
of the cost to the Grantee of providing such payments and
assistance for each eligible recipient thereof, pursuant
to such regulations or other requirements, on account of
any displacement or property acquisition occurring prior
to July 1, 1972.
(2)- Costs of the Grantee for providing such payments and
assistance in excess of said $25,000 per eligible recipient,
on account of displacement or acquisition occurring, prior
to July 1, 1972, and all costs of the Grantee for providing
such payments and assistance on account of displacement or
acquisition occurring on or after July 1, 1972, shall be
regularly treated and funded as part of the actual cost
of the Program otherwise authorized hereunder.
(3) Notwithstanding any other provision of this Contract, _
the Grantee shall not, without the express consent of the
Secretary, expend from funds available under this Contract
more than $ - 0 - for relocation payments or
more than $ - 0 - for the costs of providing
relocation assistance to or on behalf of eligible displacees.
(b) Assurances.- -The Grantee has filed with the Secretary the
assurances with respect to displacement of persons and acquisition
of real property required by the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and related
regulations of the Secretary, which the Secretary has determined
(subject to other provisions hereof) are satisfactory.
eL -
SEC. 7. Rehabilitation Grant, --
(a) The Government further agrees to increase the grant payable to the
Grantee pursuant to the provisions of Section 5 hereof in an amount equal to
the rehabilitation grant payments which are made by the Grantee in connection
with the Program in accordance with the Provisions of Section 115 of Title I
and the rules and procedures established by the Government for the making of
such grant payments: Provided, That the amount of such increase shall in no
event exceed the sum of 512.000
(b) No part of the amount of the rehabilitation grant peyments provided
for hereunder shall be included in computing the amount of the grant other-
wise payable to the Grantee puu suant to the provisions of Section 5 hereof.
SEC. 8. Compensation to Government for Its Audits and Inspections.- -The
Grantee will compensate the Government for its audits and inspections,
rovided for in Section 103(b) hereof, a fixed fee in the amount of
10,736 • The fixed fee shall be payable at the time the
first requisition for agrant payment is approved, by the Government
deducting the entire a - -mount of the fixed fee from the first grant payment
made to the Grantee: Provided, That, if the Program is not coumenced
after the first grant paymer_t has been made end the Government shall
claim repayment of the grant as provided in Section 108(b) hereof, the
Grantee shall be entitled to a full setoff of the amount of the fixed
fee against the Government's claim, but ro part of the fixed fee shall
be refundable in any other circumstance: Provided further That, in the
event the approved budget for the Program is increased after payment of
the fixed fee, any additional fixed fee payable thereby shall be deducted
from the next grant payment mode to the Grantee.
SEC. Counterpcxts of the Contract.- -This Contract may be executed in
two �2) countorpo.cbs, each of which shall be deemed to be an
original, and such counterparts nha11 constitute one and the some instrument.
-3d
Char• rc Anr,lir"hle to Part Ti ]Iczrn(,_,79tc i'o1loHitu; chnnoca
hczuby medc in the atLachca Turns artd lw litions des' ttatecl 1 are
>� 'cu•i: Il�hcrcof:
(c) Ccrta_ in Conlrr.cl:ors 7neli ;ihl
will ot aw: r_for_ConhracL P.tr, +.rds, _- The CrauL'ee
.1 �d tiny contr ct iqr taork iu the 1'ro rarr to any contractor who is,
at the time, it:eligible, under the provisions of sny applicable regulations
issued by the Secretary of Libor,
nn award of such contract• United States Department of J.nbor, to receive
(d) P_:cicrzl_Itiebo: t_ancl_rds Provisioac.
bids or o osals for or oLhcn:isc ne otiates for Beaoproposed contract which
P' p g
calls for the perfortaance of any wort, in the Program t:itich will entail, for
such work, the eraploy,nent by the,cor.tractor or his subcontractors of laborers
or mechanics, the.Crantee will include in the proposed contract documents
appropriate wage schedules (including the applicable uadc delermiration
decision of the Secretary o£ Labor, United States Department- of labor) and
the provisions embodied in that document. entitled "Federal labor St..id rds
Provisions," attached hereto and m•. =.zl ;ed 11UD -3200 and which is made a part
hereof-. The schedules, gage determination" d2c4sion, and other provisions,
as included in such proposed contract docu_•mcnts, shall also be included in
the contract documents as executed, The Grantee will inelt:de in each contract
covered by this subsection an appropria,e Provision requiring the contractor
to insert in each of his subcontracts which will entail the employment by
such subcontractor of laborers or mechanics, as aforesaid, wage and other
provisions which are consistent with such contract'or's contract with the
Grantee.'
The Grcntee will assist and cooperate actively with, the Secretary of
Housing and ,Urban Development and the Secretary of labor in obtaining the
*compliance of contractors and subcontractors with the aforementioned Federal
Iabor Standards Provisions and with the rules, regulations, and relevant
orders of the Secretary of Libor and will obtain and furnish to the Secretary
- of•110usino and Urban Develop:aent and to the Secretary of Lzbor such information
as they cay require for the supervision of such compliance.
-4- r
(c) Special 1'ruvisi.ons I:elrlLine, lif
Lo'Archit L.. c-s -- •
c , e.
(1) 1fir.i.,.tt_,.n S,lar•,• ��C.s for Ar_cl,itncLs, life. -- Not less than
the sal.nrie:; p±-cveiliva in the loc:liLy in �;li.ch Lhe Pro;;ram is Ueinr carried
oult as dcaer,mined or adopted (subsecluont to n deter,ninaLion under applicable
be pa_ or .loch lair) by [he Secretary of I!ousing and Urban Dcve.lop:r.ent, shall
be paid to all archi.toct:c, techniicl e113-1.11eers, draftsmen, and techni.cians
Who are c;aploycd in connection with the program,
(2) Pa mcnf_s�to_At_chitcets,_F.tc. -- Ench architect, technical
engineer, draftsman,' or Cechnici.ac: to i;hu;a tl.c foregoing salary provisions
nre applicable shall be paid unconditionally and not less often than once
each month. The full r.mou'at which is due any such architect, technical
engineer, draftsman, or technician at the time of such pay;nent.shall be
computed at t};c applicable salary rate.
(3) COtr:pli^�1CC with Sa7ary Proyisions Reg_rdIcss O L Certain
ConL_ractta:l l:elr_tirniships. -- E2 c11 contract t ill ich is let by the Crantea
calliuE for work in the Prograt�, shall require coMpliance with salary
Provisions with respect to architects, technical engineers, draftsmen, and
technicians who are employed thereon by the contractor or by any subcontractors
thereunder, which are in accordance with this subsection, regardless of any
contractual relationship which may be alleged to exist between such contractor
or subcontractor and such architects, technical engineers, draftsmen, or
technicians.
(k) l)nderoa-),ncnts of Salaries. -- In case of underpayment of salaries
by ally such contractor or by any subcontractor thereunder to architects,
technical engineers, draftsmen, or tecluiicians who are employed by him i.n
connection c;itl� the Program, the Grantee'sliall withhold from the contiactor,
out Of payments which are due, *S6 much thereof as may be considered necessary
to pay such employees so employed by the contractor or by any subcontractor
thereunder, the'full arlOunt of salaries Which are required by the particular
contract, and the Grantee shall disburse, for and on account of the contractor
or the subcontractor (as may be appropriate), to the respective employees to
whom they are due, the amount so withheld.
(5) Clains and Dis�tes� Arr.'.iitectsELc, -- Claims and disputes
p.ertainin; to salary rates o= to classifications of architects, technical
engineers, draftsmen; or technicians Who are employed ill connection with the
Program shall be reported by the Grantee to the Secretary of 11ousing and
Urban Development and otherwise shall be haadled i,i accordance with applicable
law._
(6) Disch_= rei.na' or Discri.n_inatin , linsl_- F.mplovees Because of
Certain E;aoloynenL h}atteKii. -- No architect, technical engineer, draftsman,
or technician who is employed in connection with the Program shall be•discharged
or in any other manner discrininated a,�ainst because he has filed any complaint
or iclstituted or caused to be instituted any proccedin�-' or has testified or is
about to testify in any proceeding under or related to the e;nploy;nent standards
nppli.cable hereunder to his ctoploycr.
5
SEC. 11. Special Conditions.- -
NONE,
IN WITNESS h'IIEREOF,-the Public Body has caused this Contract to be
duly executed in its behalf and its seal to be hereunto affixed and attested;
and thereafter-, the Government has caused the sarae to be duly executed in
its behalf this day of '19^
CITY OF CORPUS CIRISTI
(SEAL)
(Type or Print Name)
'ATTEST: (Title)
.(Type or Print Name)
UNITED STATES OF A`tERICA
Secretary of Y.ousing and Urban Developmer
By -
Director, San Antonio ITUD area O:fice
Page - PRUJECr'ilU. Tex. E -21
The Project Area is sit.w.d
EMMIT A
DESCRIPTION OF PROJECT AREA No. 3
(Complete an el'hibii for cuch separate area caaered by the applicable program.)
(Name of [ford, District, etc., if any)
the City
(City, To"•n, Borough, etc.)
Corpus Christi 1Nueces
County of
state OF Texas
, the boundaries of which are described as follows: (Insert legal description of prof eel area
by metes and bounds of the perimeter boundary, or other form of legal description.)
"Airport Park" Area.
Beginning at intersection of Old Brownsville Road and the Nest rear property
line of Post Avenue; south along west rear property lire of Post to end of
Airport Park; northeast on west rear property line of Washington to Virginia
Avenue; north on Virginia Avenue to end of school property; thence along east
rear property line of Virginia north on east rear property line of Virginia
to northcside property line of Lot 38C, Patrick Gardens Addition; thence to
Old Brownsville Road around the south property line of Lot 1, Airport Park II
Addition; thence along south right of way line of Old Brownsville Road to
point of beginning.
Size of Area in city blocks: 111 ; acres: 72
EXHIBIT A
DESCRIPTION OF PROJECT AREA No. 4
(Complete an exhibit for each. separate area eos.rred by the applicable prugram./
The N.1w Arco is sifuaiad In
(Name of Ward, District, cte., if any)
of the City
(City. Town, Borough, etc.)
of
Corpus Christi Nueces
County of
Texas
State of , the boundaries of which are described as follows: (Insert legal description of project area
by metes and bounds of the perimeter boundary, or other form of legal description.)
"Lexington Park" Area:
Beginning at intersection of Richter and Sacky, north on Richter to
rear property line of Johanna, west on rear property line of Johanna,
Lot 1, Block 1; south along east rear property lines of Ayers to
Sacky; east on Sacky to Richter.
Si %e of Area in city blocks: 3 ; acres: So
HUD -3126b
(5-69)
CONTENTS
GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM
PART II
SEC. 101. USE OF CERTAIN TERMS Page
(a)
"Contract" "defined . . . . . . . . . . . . . . . . . . .
1
(b)
"Application" defined . . . . . . . . . . . . . . . . . .
1
SEC. 102.
ACCOMPLISHMENT OF PROGRAM . . . . . • • . • • • • • • •
1
SEC. 103.
PROVISIONS RELATING TO ADMINISTRATION
(a)
Books and Records . . . . . . . . . . . . . . . . . . .
1
(b)
Audits and Inspections . . . . . . . . . . . . . . .
1
(c)
Reports and Information . . . . . . . . . . . . . . . . .
2
SEC. 104.
PAYMENT OF GRANT
(a))
Government's Obligation . . . . . . . . . . . . . . . . .
2
(b)
Conditions Prerequisite to Payment of Grant . . . . . . .
2
(c
Advance or Progress Payments . . . . . . . . . . . .
3
(d)
_
Requisition for Grant Payment . . . . . .
3
(e)
Rights and Remedies Not Waived . . . . .
3
SEC. 105.
BUDGETARY AND ACCOUNTING PROVISIONS
(a)
Accounts . . . • . . . . . . . . . . . . . . . . .
4
(b)
Program Budget and Costs . . . . . . . . . • . . . . . •
4
(c)
Costs Incurred for the Program . . . . . . . . . . . . .
4
(d)
Documentation of Program Costs . . . . . . . . . . . . .
4
(e)
Checks, Orders, and Vouchers . . . . . . . . . . . . . .
4
SEC. 106.
THIRD PARTY AND FORCE ACCOUNT PROVISIONS
(a)
Contract and "Force Account" Work . . . . . . . . . . . .
4
(b)
Competitive Bidding . . . . . . . . . . . . . . . . . . .
5
SEC. 107.
EQUAL EMPLOYMENT OPPORTUNITY
(a)
Activities and Contracts Not Subject to . . . . . . . . .
5
Executive Order 11246
(b)
Contracts Subject to Executive Order 11246 . . . . . . .
6
(c)
Definition -- Contract for Construction . . . . . . . . . .
8
-i-
HUD -3126b
(2 -71)
SEC. 101 USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following
terms, as used herein, shall have the meanings ascribed to them in this
Section.
(a) The term "Contract" means this Contract between the Government
and the Grantee, and includes Parts I and II and any additional document
or documents incorporated herein by special reference, as well as easy
amendment.
(b) The term "Application" means the written application for the
grant by the Grantee, including any revisions thereto, together with all
explanatory, supporting, or supplementary documents filed therewith.
SEC. 102. ACCOMPLISHMENT OF PROGRAM
The Grantee will commence and carry out the Program with all practical
dispatch, in a sound, economical, and efficient manner, in accordance with
the application and the provisions of this Contract, so that the Program
will be completed within 3 years from the date of the execution of this
Contract. Said terms may be extended only with the written consent of the
Government. The Grantee will carry out the Program in compliance with all
requirements imposed by or pursuant to regulations effectuating Title VI
of the Civil Rights Act of 1964 (78 Stats 2413 252) prohibiting discrimine.-
tion against any person on the ground of race, color, or national origin,
and Executive Order 11063 dated November 20, 1962, prhibiting discrimina-
tion against any persons on the ground of race, color, creed, or national
origin.
SEC. 103. PROVISIONS MATING TO ADMGVISTRATION
(a) Books and Records. - -The Grantee will keep full and accurate books
and records with respect to all matters covered by this Contract, in order
that a speedy and effective audit may be made. Except as otherwise
authorized by the Government, the Grantee will retain such books and records
for a period of 3 years after final grant payment by the Government.
(b) Audits and Inspections.- -The Grantee will, at any time during
normal business hours, and as often as the Government may deem necessary,
permit the Government.to have fall and free access to all of its books and
records with respect to all matters covered by this Contract, and will permit
i the Government to audit, examine, and make excerpts or transcripts from
such books and records, and to review, inspect, and make audits of all
Program work, contracts, invoices, materials, payrolls, records of personnel,
conditions of employment, books of accounts, and other documentary data
pertaining to such matters.
� - 1
HUD -3126b
(2 -71)
(c) Reports and-Information.--The Grantee will, -at such times and
in such manner as the Government may require, furnish the Government with
periodic reports and statements pertaining to the Program and other matters
covered by this Contract.
SEC. 104. PAYMT OF GRANT
(a) Government's Obligation.- -The Government will make payments on
account of the grant payable hereunder for the purpose of covering the
eligible costs of the Program authorized herein.
(b) Conditions Prerequisite to PeM ent of Grant.-- Notwithstaading
any other provision of this Contract, the Government may elect not to make
the payments provided for herein:
(1) If the Grantte shell have made to the Government
any misrepresentation of a materiel nature in the Application,
or any supplement thereto or amendment thereof, or in this
Contract, or in or with respect to any docunent furnished there -
with or pursuant thereto;
(2) If the Grantee shall have invited bids or proposals, or
shall have entered into any contract, for the provision of public
improvements as a part of the Program, without obtaining such prior
approvals of the contract documents as may from time to time be
required by the Government;
(3) If the Grantee shall have acquired (other than by eminent
domain proceedings), or contracted to acquire, any real property as
a part of the Program at prices, or upon or subject to covenants,
restrictions, terms, or conditions, which shall not have been
concurred in by the Government;
(4) If the Grantee, in acquiring any real property as a part
of the Program by eminent domain proceedings, shall not have received
the Government's concurrence in such action prior to the institution
of such proceedings or shall have consented or acquiesced, by stipular
tion, forbearance, or otherwise, to any price, terms, or conditions
which shall not have been concurred in by the Government, except as
shall have been adjudicated by trial or hearing on the merits of the
issues according to law;
(5) If the Grantee shall have failed to carry out its obligation
in accordance with regulations and other requirements of the Secretary
to provide relocation payments and assistance to individuals, families
and business concerns displaced as a result of action taken pursuant
to the Program;
- 2 -
HUD -W—h., D. C. 257749 -P
HUD -3126b
(5-69)
(6) If the Grantee shall not have maintained a level of
expenditures for code enforcement, exclusive of any expenditures
for areas assisted by Code Enforcement Grants or Title I Urban
Renewal Project Grants, that is not less than its normal expenditures
for code enforcement activities prior to the execution of this
Contract, it being understood and agreed that the determination of
normal expenditures shall be based on the average.annual amount
Wended by the Grantee for code enforcement during the 2 fiscal
years immediately preceding filing of the Application, excluding
expenditures in any federally assisted Code Enforcement or Title I
Urban Renewal Project Areas;
(7) If the Grantee shall- not have provided or caused to be
provided those additional public improvements needed to assure the
stability of the Code Enforcement Area in accordance with Section 3
of Part I hereof;
(8) If the Grantee shall have abandoned or, before the
completion thereof, terminated the Program; or
(9) If the Grantee shall then be in default with respect to
any of the provisions of this Contract theretofore to be complied
with by it.
(c) Advance or Progress Payments.- -Under or subject to such conditions
as the Government may specify in writing, which are not inconsistent with
applicable law, the Government may, in its discretion, make advance or
progress payments to the Grantee on account of the grant, or on account
of the increase with respect to the grant provided for in Sections 6 and
7 of Part I hereof, at such time or times prior to the completion of the
Program and the final determination of the total cost thereof as, in view
of the status of the Program and the matters relative thereto, the
Government may deem appropriate.
(d) Requisition for Grant Payment. - -The Grantee will file its re-
quisition for payment of grant, including the increases provided for in
Sections 6 and 7 of Part I hereof, on a form or forms prescribed by the
Government. Such requisition will be accompanied by evidence, satisfactory
to the Government, demonstrating the need at the time for the funds
requisitioned and demonstrating that the amount sought is reasonable and
the purposes for which it proposes to expend the funds are within the
purview of this Contract.
d (e) Ri hts and Remedies Not 1daived. - -In no event shall the making by
the Government o arty payment on account of the grant constitute or be
construed as a waiver by the Government of any breach of covenant or any
=� default which may then exist on the part of the Grantee, and the making of
any such payment by the Government while any such breach or default shall
;p exist shall in no wise impair or prejudice any right or remedy available
to the Government in respect of such breach or default.
- -3-
I �
HUD -3126b
(5-69)
SEC. 105. BUDGETARY AND ACCOUNTING PROVISIONS
(a) Accounts. - -The Grantee will establish for the Program separate
accounts to be maintained within its existing accounting system or set up
independently. Such accounts are referred to herein collectively as the
"Program Account."
(b) Program Budget and Costs.- -The Grantee will carry out the Program
and incur obligations and make disbursements on behalf of the Program only
for eligible costs (as defined by the Government) and only in conformity
with the latest approved budget for the Program. The budget may be revised
from time to time, but no budget or revision thereof shall be effective
unless and until the Government shall have approved the same. Costs incurred
in excess of the latest approved budget may (at the option of the Government)
be considered for the sole account of the Grantee and shall not be included
in the actual cost of the Program for purposes of computing the Federal
grant unless and until they are accepted by the Goverment.
(c) Costs Incurred for the Program.- -The Grantee will charge to the
Program Account all eligible costs of the Program.
(d) Documentation of Program Costs. - -All costs, including paid services
contributed by the Grantee or others, charged to the Program will be supported
by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
(e) Checks Orders, and Vouchers. - -Arty check or order drawn by the
Grantee with respect to any item which is or will be chargeable against
the Program Account will be drawn only in accordance with a properly signed
voucher then on file in the office of the Grantee stating in proper detail
the purpose for which such check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to the Program wall be clearly identified,
readily accessible, and, to the extent feasible, kept separate and apart
from ail other such documents.
SEC. 106. THIRD PARTY AND FORCE ACCOUNT PROVISIONS
(a) 'Contract and "Force Account" Work. - -The Grantee may elect to
carry out asjy necessary demoiition, construction, or development activities
as a part of the Program by utilization of its own employees or it may have
such work done under written contract in a manner acceptable to the Government.
-4-
• �.
HUD -3126b
(5 -69)
(b) Competitive Bidding. - -The Grantee shall provide for free, open,
and competitive bidding for each contract to be let by it calling for
construction, demolition, or other work, as a part of the Program, or for
the furnishing of any materials, supplies, or equipment for use in the
Program and will give such publicity to its advertisements or calls for
bids for each such contract as will provide adequate competition; and
the award of each such contract, when made, will be made by it as soon
as practicable to the lowest responsible bidder: Provided, That, in the
selection of such materials, equipment, or supplies, the Grantee may, in
the interest of standardization or ultimate economy; if the advantage of
such standardization or such ultimate sconomy is clearly evident and an
appropriate provision for such action is included by it in the proposed
contract documents upon which bids are invited, award a contract to a
responsible bidder other than the lowest in price: Provided further, That
purchases of such materials, equipment, or supplies in amounts of 2,500
or less, and contracts in amounts of $2,500 or less calling for construction
or demolition, or other similar work, as a part of the Program, may,
except where contrary to the requirements of State or local law, be made
from time to time by the Grantee without negotiation or competitive bidding
and without observance of the other provisions of this subsection.
SEC. 107. EQUAL EMPLOYMENT OPPORTUNITY
(a) Activities and Contracts Not Sub to Executive Order 11246.- -
In the carrying out of the Program, the rihot Trill not discriminate
against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Grantee will 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 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.
The Grantee agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Government
setting forth the provisions of this nondiscrimination clause. The
Grantee will, in all solicitations or advertisements for employees placed
by or on behalf of the Grantee, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, or national origin. The Grantee will incorporate the foregoing
requirements of this subsection (a) in all of its contracts for Program
work, except contracts governed by subsection (b) of this Section 107 and
contracts for standard commercial supplies or raw materials, and will
A require all of its contractors for such work to incorporate such require -
;` ments in all subcontracts for Program work.
i
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(b) Contracts Subject to Executive Order 11216.- -The Grantee will
incorporate or cause to be incorporated into any contract for construction
or modification thereof which is subject to Executive Order 11216, and
the rules and regulations of the Secretary of Labor pursuant thereto, the
following provisions:
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex,
or national origin. The contractor will 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 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. The contractor agrees to post in con-
spicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) 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.
(3) The contractor 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
said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive
Order 11216 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11216 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
Secretary of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
549
HUD -3126b
(5-69)
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Department of Housing and Urban
Development may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in
the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction
by the Secretary' of Housing and Urban Development, the contractor
may request the United States to enter into such litigation to protect
the interests of the United States.
The Grantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided, That
if the Grantee so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality
or subdivision of such government which does not participate in work on
or under the contract.
The Grantee agrees that it will assist and cooperate actively with
the Secretary of Housing and Urban Development and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the Secretary of
Housing and Urban Development and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it
will otherwise assist the Secretary of Housing and Urban Development in the
discharge of the agency's primary responsibility for securing compliance.
The Grantee further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry
out such sanctions ami penalties for violation of the equal opportunity
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HUD -3126b
(5 -69)
clause as may be imposed upon contractors and subcontractors by the
Secretary of Housing and Urban Development or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive order. In addition,
the Grantee agrees that, if it fails or refuses to comply with these
undertakings? the Secretary of Housing and Urban Development may take
any or all of the following actions: Cancel, terminate, or suspend
in whole or in part this contract, refrain from extending any further
assistance to the Grantee under the program with respect to which the
failure or refusal occurred until satisfactory assurance of future
compliance has been received from such Grantee, and refer the case to
the Department of Justice for appropriate legal proceedings.
(c) Definition -- Contract for Construction. - -As used in this Section
107, "contract for constructionrr means any contract or agreement for the
demolition of structures or the provision, repair, or alteration of public
improvements, as provided for in the Program.
SEC. 108. DEFAULTS AND REMEDIES
(a) Termination or Suspension of Contract. -- Unless extended by the
Government pursuant to the terms of Section 102 hereof, this Contract
Will terminate 3 years after the date of the execution hereof. However,
notwithstanding any other provisions of this Contract, the Government may
terminate or suspend this Contract at its discretion prior to the expira-
tion of its term upon the happening or the discovery by the Government
of any of the following events or conditions:
(1) Notification by the Grantee to the Government of its
intention to terminate or withdraw from the Program.
(2) The making of any misrepresentation by the Grantee in
its application or in the furnishing of any information to the
Government;
(3) Any event or any lack of progress on the part of the
Grantee in the execution of the Program, which renders the accomplish-
ment of the Program by the Grantee impossible, improbable, infeasible,
or illegal.
(4) The violation of any other of the terms or conditions of
this Contract.
(b) Forfeiture of Grant. - -For any intentional violation of any of
the terms of this Contra Government may, in addition to such other
remedies as may exist at law or in equity, require repayment of all: or
part of the Grant to the Government.
SEC. 109. MISCELLANEOUS PROVISIONS
(a) Tnterest of Public Off.iri.als and Employees. - -No officer or
employee 07 —The Grantee and no member of its govern ng body, and no other
public nl'1'icial of the locality in which the Program will be carried out
who F•xeroisos nny funr!Uoes or renponsi bill t.ics in the review or nppr•oval
of tho nnf6v•talc}nl', ur carrying out. the Program, shall (1) participate
ill any rlrci ion to thin Contract which affects his persornal
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s •
9
,1
i
HUD -3126b
(5-69)
interest or the interest of any corporation, partnership, or association
in which he is, directly or indirectly, interested, or (2) have any -
financial interest, direct or indirect, in this Contract or in the work
to be performed under the Program authorized herein.
,(b) Interest of Certain Federal Officials. - -No Member 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 arising herefrom.
(c) Bonus or Commission,- -The Grantee will not pay any bonus or
commission for the purpose of obtaining approval of the Application for
the Federal financial assistance provided for herein, or any other
approval by the Government i&.ch may be necessary under this Contract.
(d) Government Not Obligated to Third Parties. - -The Government
will not be obligated or liable hereunder to any party other than the
Grantee.
(e) How Contract Affected by Provisions Being Held Invalid. - -If
any provision of this Contract is held invalJd, the remainder of this
Contract shall not be affected thereby if such remainder would then
continue to conform to the terms and requirements of applicable law.
(f) Provisions Concerning Certain Waivers. -- Subject to applicable
Federal law, any right or remedy which the Government may have under this
Contract may be waived in writing by the Government by a formal waiver
and either with or without the execution of an amendatory or supplementary
agreement, if, in the judgment of the Government, this Contract, as so
modified, will still conform to the provisions and requirements of
applicable laws.
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•
CORPUS CHRISTI TEXAS
6 -til DAY OF 19_2
TO THE MEMBERS 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 COUNCIL; 1, 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. -
CTFULLYY
0 u
OR
THE CITY .O COR CHRISTI TEXAS
- THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE
BONNIE SIZEMORE
- CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LO ZANO, SR. -�
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: -
• BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABS LOZANO, SR.
` J. HOWARD STARK