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HomeMy WebLinkAbout15240 ORD - 11/21/1979vp:11/19/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WOMEN'S SHELTER OF THE CORPUS CHRISTI AREA, INC., RELATING TO THE REHABILITATION OF THE WOMEN'S SHELTER BUILDING, 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 contract with the Women's Shelter of the Corpus Christi Area, Inc., relating to the rehabilitation of the Women's Shelter Building, 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 in order that the rehabilitation of the Women's Shelter Building may be commenced at the earliest possible 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, 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 i.?,/ rday of November, 1979. ATTEST: 'Ci ty' Secretary MAYO APPR ED: % DAY OF NOVEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY THE TY OF CORPUS CHRISTI, TEXAS MICROFIIL ►U 152x0 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE WOMEN'S SHELTER OF THE CORPUS CHRISTI AREA, INC. RELATING TO UNDERTAKING THE REHABILITATION OF THE WOMEN'S SHELTER BUILDING r The City of Corpus Christi, hereinafter referred to as the City, is undertaking a Community Development Block Grant Program under the Community Development Act of 1974 in accordance with Federal regulations (24 CFR 570). Under such program, the City Council of the City of Corpus Christi has determined that the Department of Housing and Urban Development has approved certain rehabilitation activities of the building of Women's Shelter of the Corpus Christi Area, Inc., hereinafter referred to as the Women's Shelter, to be in furtherance of the execution of the Community Development Block Grant Progarm. The Women's Shelter is a non—profit corporation under the laws of the State of Texas and is governed by the Texas Non—Profit Corporations Act. The parties herein agree: 1. The Women's Shelter is located on that tract of land having the legal description as Lot 5, Block 1, Doddridge Tract Subdivision, and is to have certain rehabilitation activities undertaken as part of the City's Community'Development Block Grant Program. • 2. The Women's Shelter agrees to perform such rehabilitation under all applicable Federal regulations. The Plans and Specifications for such rehabilitation will be prepared by the City's Neighborhood Improvement Division and will be approved by both the City and the Board of Directors of the Women's Shelter prior to implementation and shall be in conformity with both local codes as well as HUD regulations. 3. The Women's Shelter agrees to operate a facility for the temporary housing of battered spouses located on that tract of land designated under #1 above. 4. For a period of 5 years from and after the time that rehabilitation has been completed and approved by the City as well as the Board of Directors of the Women's Shelter, such facility shall not, wihout specific written approval of the City, be converted to uses other than those specifically set out in this agreement in accordance with paragraph 3 above. The Women's Shelter shall not voluntarily create, cause or allow to be • created any debts, liens, mortgages, charges or other encumbrances against the facility in excess of aa amount equal to 85% of the appraised value of the facility which in any way impair or otherwise adversely affect the preservation of such facility for the use set out in this agreement without the specific written approval of the City. The Women's Shelter shall, from time to time, duly pay and discharge or cause to be paid or discharged, when the same becomes due, all taxes, assessments and other government charges which are lawfully imposed upon the facility and which, if unpaid, may by law, become a lien or encumbrance upon such facility and thereby impair or otherwise adversely affect the holding of such facility for the use set out in this Agreement. J 5. The Women's Shelter shall at all times keep the facility in good and safe condition and repair and in the occupancy, maintenance and operation thereof shall comply with all laws, ordinances, codes and regulations applicable thereto. The Women's Shelter shall not permit, commit or suffer waste or impairment of the land described in paragraph 1 above or of the facility or any part thereof. 6. The Women's Shelter shall submit to the City and/or the Secretary of Housing and Urban Development such data, reports, records and documents relating to the operation of the facility as the City and/or HUD may require in order to permit the City and/or HUD to determine whether the operation of such facility 'is in accordance with this Agreement and the rules and regulations of HUD. 7. The Women's Shelter shall obtain adequate insurance to protect the facilities from all manner of damage and destruction. The Women's Shelter shall further obtain liability insurance, in which the City' is a named insured, protecting against injury or death to persons using, visiting at, or connected with the facilities, and against damage to their property in an amount of at least $100,000 for personal injuries to an individual arising out of a single accident or occurrence, $300,000 for personal injuries to more than one person arising out of a single accident or occurrence, and $10,000 for damage to property arising out of a single accident or occurrence. The Women's Shelter further agrees to fully indemnify the City far all damages or lia- bility of any kind, whatsoever, which may be incurred by the City - arising out of negligence in the operation or use of the facilities by employees, volunteers and clients of the shelter. 8. No officer, employee or member of the Governing Body of the Women's Shelter or City, nor other public official of the locality in which the project will be carried out, and no employee, officer or director of any participating non-profit organization, who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of the project, shall have any financial interest, direct or indirect, in this Contract, or in any contract or undertaking in connection with carrying out the project or in connection with the use and operation of the facilities. 9. In the event that the Women's Shelter ceases to operate the facility or a comparable facility within the City of Corpus Christi of which it is the owner during the 10 year period of this Agreement, those funds pro- vided under this Agreement shall be reimbursed to the City's Community Development Block Grant Program. 10. The total funds to be provided by the City through its Community' Development Block Grant Program to the Women's Shelter shall not exceed $10,000 and shall be on a reimbursement basis supported by detailed invoices or other documentation. Nothing in this contract shall be construed as requiring the City to provide additional rehabilitation funds or operational funds for the Women's Shelter at any time in the future. 11. The Women's Shelter herein agrees to comply with the following items: (a) To conduct its activities with regard to this Agreement in accordance with Federal Management Circular 74-4 and 74-7 and HUD's Applicability to Community Development Block Grants with reference to attachments, B, C, N, and 0, thereof. (b) To comply with Paragraph 570.506 of the Federal Register with reference to Program Income. (c) 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. (d) 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 activities when so informed in writing by the City Manager or his repre- sentative. (e) To comply with Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Para 570.601) which provides that no person in the United States 'shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided by the Community Development Block Grant Program. (f) • The Women's Shelter will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Women's Shelter 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 compensa- tion; and selection for training, including apprenticeship. The Women's Shelter 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. (g) The Women's Shelter will, in all solicitations or advertisements for employees placed by or on behalf of the Women's Shelter, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (h) The Women's Shelter agrees that pursuant to Sec. 3 regulations, the following assurance of compliance tntitled "Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons" shall be included in each Sec. 3 covered contract or agreement resulting from this Agreement. (1) The project assisted under this Agreement is subject to the requirement of Sec. 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. (2) Notwithstanding any other provision of this Agreement, the Women's Shelter 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 Agreement. The requirements of said regulations 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, employ- ment, and business opportunities 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. The Women's Shelter certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. • (3) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued htereunder prior to approval by the Government of the application for this Agreement, shall be a condition of the Federal financial assistance provided to the project, binding upon the Women's Shelter, its contractors and subcontractors, its successors, and assigns to the sanctions specified by this Agreement, and to such sanctions as are specified by 24 CFR Section 135.135. 12. Nothing herein contained in this Agreement shall be construed as obli— gating the City to fund any additional rehabilitation activities nor to fund any operational costs or maintenance costs of any facility for the Women's Shelter. 13. Notwithstanding any other provision hereof, should the Women's Shelter breach any section or provision of this contract, the only remedy for said breach shall be refund by the Women's Shelter of the funds advanced hereunder, or so much thereof as shall be appropriate. 14. With the exception of the provisions of paragraph 9 above, the term of this contract shall be a period of five years from the date of its execution, and all obligations of any party hereunder, with the exception of those enumerated in paragraph 9 above, shall cease five years from the date hereof. 15. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ATTEST: CITY OF CORPUS CHRISTI APPROVED: day of November, 1979 J. Bruce Aycock, City Attorney By: By: •(AssistantjCity Attorney ---' Harold F. Zick, Director of Finance By: Ernest M. Briones, Director Planning & Urban Development By: R. Marvin Townsend, City Manager WOMEN'S SHELTER OF THE CORPUS CHRISTI AREA, INC. sy President Corpus Christi, Texas day of , 19%77 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 ITY 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: 1524,0