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HomeMy WebLinkAbout15205 ORD - 10/31/1979jkh:10-31-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BID, INC., FOR $50,000 BEGINNING AUGUST 1, 1979 AND EXTENDING THROUGH JULY 31, 1980, FOR BUSINESS REVITALIZATION AND STIMULATION IN THE CENTRAL BUSINESS DISTRICT AND OTHER ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT AREAS, AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. 'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a con- tract with BID, Inc., for $50,000 beginning August 1, 1979, and extending through July 31, 1980, for business revitalization and stimulation in the Central Business District and other eligible Community Development Block Grant areas, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". . SECTION 2. The necessity to authorize execution of the aforesaid contract at 'the earliest practicable date 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 but.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 „having requested the suspension of the ha 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 afterlIits{passage, IT IS ACCORDINGLY SO ORDAINED, this the 31 day of c.tic)e,r , 1979. • ATTEST: 'City Secretary APPROVED:" 3/, DAY OF OCTOBER, 1979: . S J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City ��,rney TH CITY OF CORPUS CHRISTI, TEXAS MICROFILMED Nig 2819A CONTRACT r THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, hereinafter called "City", de- sires to promote the economic development and revitalization of older areas of Corpus Christi: and WHEREAS, the City benefits from more economic activity, increased property tax and direct employment, and WHEREAS, Coastal Bend Business and Industrial Development Corpora- tion, a nonprofit corporation organized under the laws of the State of Texas, hereinafter called "BID", is desirous of providing assistance for economic development programs, and the preparation and implementation of economic development packages; and WHEREAS, BID is an affiliate of the Office of Minority Business Enter- prise, hereinafter called "OMBE", and is expressly empowered to, among other things, prepare and implement financial packages for private businesses and to enter into contracts with public authorities for the furtherance of the fore- going stated purpose; and WHEREAS, BID has been carrying out a service program to help stimu- late and increase economic activity in the City; and WHEREAS, the City is empowered, under Article 11, Sec. 5, Texas Con- stitution, Article 1175 VATS, generally, and City Charter Art. IX, Sec. 1, par- ticularly, but without limitation, to contract for the promotion of the public ,'welfare, health and safety in furtherance of necessary and proper use and occu- pancy of property of the City (Art. IX, Sec. 6(a)) and, there being, this Council finds a genuine need therefor in the City at this time, and that BID is a proper agency to serve as the City's independent contractor hereunder for the purposes heretofore expressed herein: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered'into between the City and BID. I. BID agrees: 1. To establish and operate a Central Development Unit (CDU) for a twelve-month period extending from August 1, 1979 thru July 31, 1980 under the City's Community Development Block Grant Program in accordance with applicable Department of Housing and Urban Development Regulations. 2. To provide professional economic development services to indivi- duals and groups in all census tracts eligible for Community Development Block Grant funds, with major concentration in the City's core area (tracts 2,3,4,11). 3. That professional economic development services provided will include but not be limited to consultation, financial packaging, and promotion. 4. That the Central Development Unit, will work in conjunction with City staff, government agencies, business and private sectors to alleviate physical and economic distress in the areas expressed. 5. To serve as liaison with community -wide sponsoring groups and leaders. 6. To maintain a paid staff, known as the Central Development Unit, including a coordinator, with said staff to provide not less than two and - one-half man years of time toward fulfillment of this contract. 7. That the services provided in this contract.shall be in addition to the services previously provided by BID and shall not, in any manner whatsoever, serve to reduce such services to the areas served under - this contract. 8. All activities undertaken by BID and its Central Development: Unit under this contract will be coordinated fully with the City Manager or his designated representative to alleviate all duplication of effort and possible conflicts with City policies. 9. That it will render a detailed written monthly activity report to the City. Manager no later than the 15th calendar day of the following month together with a request for payment according to Sec. II below, and provide such other information pertinent to this agreement as the City Manager or his designated representative may from time to time request. II. City agrees: 1. That for the economic development services performed by BID hereunder, the City will compensate BID as follows: Twelve equal monthly payments; payment no later than 15 days following the receipt of BID'S "request for payment" as described in Section 1, Part 9 of this contract. Total amount of contract to be $50,000 (budget attached, Exhibit A). 2. All funds distributed to BID by the City shall be in con- formity with the terms and conditions outlined under III and IV below. III. The parties further agree that: 1. In no event shall the City be liable for any contracts whatever made by BID with any person, firm, corporation, association or governmental body, other than City itself. 2. In no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against BID arising from its operation, use, or maintenance of facilities. 3. Either party may terminate this contract as of the last day of any month upon thirty (30) days prior written notice to the other party. Notice shall be deemed given to commence as of the deposit date in U. S. Certified Mail properly stamped for and addressed for delivery to City at City Hall, Corpus Christi, Texas, and to BID at 4410 Dillon Lane, Suite #41, Corpus Christi, Texas 78415. 4. Nothing herein shall be construed as prohibiting BID'from entering into contracts with additional parties for the performance of services similar or identical to those enumerated herein, and nothing herein shall be construed as prohibiting BID from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled. 5. Nothing herein contained shall be construed as authorizing BID or its Central Development Unit to represent the City without specific authorization nor shall be construed as authorizing BID or its Central Development Unit to engage in activities which have been or are being undertaken by City without further written authorization from the City or written request for assistance. (see Sec. I, Paragraph 8) IV. BID and the City agree that all funds expended under this con- tract shall be solely for the activities outlined under this contract and further; 1. BID agrees to conduct its activities in accordance with Federal Management Circular 74-4 and 74-7 and HUD's Applicabilityto Community Development Block Grants with reference to attachments 8, C, N, and 0, thereof. 2. BID agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. 3. BID agrees to comply with all applicable Equal Opportunity Regulations and specifically, Executive Order 11246, as amended, and Section 3 of the Housing Act of 1965, as amended, both of which are on file and available from the office of the Director -Of Housing and Com- munity Development. 4. BID agrees to comply with any other rule or regulation promulgated by HUD during the life of this contract, which is directly related to and covering Community Development Block Grant funded acti- vities when so informed in writing by the City Manager or his repre- sentative. 5. During the performance of this contract, BID agrees as follows: a. BID will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. BID will take affirmative action to ensure that- applicants hatapplicants are employed, and that employees are treated during em- ployment, 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 ap- prenticeship. BID agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause: b. BID will, in all solicitations or advertisements for employees placed by or on behalf of BID state that all qualified appli- cants will receive consideration for employment, without regard to race, color, religion,sex, or national origin. c. BID will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's repre- sentatives of BID's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. d. BID will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. BID will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will per- (1110tr mit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain com- pliance with such rules, regulations, and orders. f. In the event of BID's non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and BID may be declared ineligible for further Government contracts in accordance with procedures authorized 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: g. BID will include the provisions of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (g) 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. BID will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provi- sions, including sanctions for non-compliance: 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 Department, BID may request the United States to enter into such litigation to protect the interest of the United States. ' 6. .BID agrees that pursuant to Section 130.20 (a) of the regu- lations the following assurance of compliance entitled "Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons" shall be included in each Section 3 covered contract or agree- ment resulting from this'contract. a. The project assisted under this contract is subject to the requirement of Section 3 of the Housing and Urban Development Act of 1965, as amended, 12 U.S.C. 1701u. Section 3 requires that to the. greatest extent feasible, opportunities for training and employment be given lower:income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. • b. Notwithstanding any other provision of this contract, BID shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this contract. The requirements of said regula- tions include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportuni- ties required by Section 3; and incorporation of the "Section 3 clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. BID certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements, c. Compliance with the provisions of Section 3, the regu- - lations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon BID, its successors and assigns. Failure to fulfill these re- quirements shall subject BID, its contractors and subcontractors, its successors, and assigns to the sanctions specified by this contract, and to such sanctions as are specified by 24 CFR Section 135.135. 7. BID agrees to furnish an independent audit of its acti- vities under this contract which specifically reviews the maintenance of effort clause as well as all Federal regulations within 60 days after expiration of this contract. v. If for any .reason any section, paragraph, subdivision, clause, phrase, word or provision of this contract shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this contract, for it is the definite intent of the parties heretd that every section, paragraph, subdivi- sion, clause, phrase, word or provision hereof be given full force and effect for its purpose. This agreement shall become effective August 1, 1979 and the services herein contracted shall begin as of that date, on a month to month basis and terminate on July 31, 1980. Executed in DUPLICATE ORIGINALS, this the 3/day of edi/y 1979. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary R. Marvin Townsend, City Manager APPROVED: 0J7-14.‘_, } 31 DAY OF c/ Lh 1979: COASTAL BEND BUSINESS AND INDUSTRIA DEVELOPMENT CORPORATION (BID, INC By: City Attorney Executive Director D' ector o ifi�nce� Chairman of the Board • Director of Planning and Urban Secretary of the Board Development CENTRAL DEVELOPMENT UNIT BUDGET First Year Budget August 1, 1979 -July 31, 1980 CDBG BID TOTAL 1. PERSONNEL: Director ( time allocation) $5,100 Economic Development Coordinator $16,000 Financial Analyst 15,000 Research Analyst 10,000 Estimator and Other BID Staff Support 2,565 TOTAL PERSONNEL 48,665 2. PERSONNEL BURDEN 3,200 3,200- 3. ,200-3. TRAVEL 4,800 4,800 4. OFFICE SPACE (RENT) 2,376 2,376 5. OFFICE FURNITURE 2,655 2,655 6. OFFICE EQUIPMENT 2,890 2,890 7. CONSUMABLES 1 ,290 1 ,290 8. TELEPHONE POSTAGE, ACCOUNTING, MIS. 1,000 1,000 TOTALS $50,000 516,876 566,876 Exhibit A Corpus Christi, Texas f day of , 1919 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 suspension 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, M 0 The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky THE Y OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15205