HomeMy WebLinkAbout15768 ORD - 09/17/1980• 1p:9-15-80;lst,
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI
FOR $42,000, BEGINNING AUGUST 1, 1980 THROUGH JULY 31,
1981, 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"; 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 Community Development Corporation of Corpus Christi for $42,000,
beginning August 1, 1980 and extending through July 31, 1981, 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 in order to make available more
low and moderate income housing in Corpus Christi 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 that City Council, and the Mayor, having declared that
such emergency and necessity exist, 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 /7 day of September,
1980.
ATTEST:
C y Secretary
APPROVED:
/ DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By t9c
Assia� ity AttorqrAir-
1.5768
OR
THE CITY OF CORPUS CHRISTI, TEXAS
=FILMED
SEP 2 71984
CONTRACT
THE STATE OF TEXAS j
COUNTY OF NUECES X
WHEREAS, the City of Corpus Christi, hereinafter called "City", desires
to attract more low and moderate income housing to Corpus Christi; and
WHEREAS, the City benefits from more economic activity, increased pro—.
perty tax and direct employment, and material purchases developed by such
housing; and
WHEREAS, the Community Development Corporation of Corpus Christi,.a
nonprofit corporation organized under the laws of the State of Texas, hereinafter
called "CDC", is desirous of planning and constructing low and lower middle income
single and multi—family housing within the City, assisting in the administering
of the Community Development Block Grant Fund Loan Program, providing assistance
for economic development programs, providing budgeting and default counseling,
and conducting a demonstration rehabilitation program; and
WHEREAS, CDC, under Article IV of its Articles of Incorporation, is
expressly empowered to, among other things, acquire, hold or dispose of land,
funds, or other mixed or personal property, tangible or intangible, furnish
outright grants, loans orinvestments to either public authorities or private
individuals and corporations and to enter into contracts with public authorities
for the furtherance of the foregoing stated purposes, including renting, leasing,
sale or encumbrance of residential housing; and
WHEREAS, CDC has been carrying out a service program to help insure
better housing for low income families in the City, and other programs to
stimulate 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,
particularly, but without limitation, to contract for the promotion of the
public welfare, health and safety in furtherance of necessary and proper use
and occupancy of property of the City (Art. IX, Sec. 6(a)) and to promote in
reasonable connection therewith the quality and quantity ofhousing available
in the City, and general economic development, there being, this Council finds
•
a genuine need thereforrin the City at this time, and that CDC 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
CDC.
CDC agrees:
1. To provide professional housing services to City through consulta—
tion, packaging, and promotion of safe, sanitary housing for low to moderate
income families, the elderly and the handicapped, and to assist in creating con—
ditions which will encourage construction of new or rehabilitated apartment com—
plexes or single family homes.
2. To make assistance available to all organizations that wish to .
be nonprofit sponsors, to any private individual seeking a personal residence'
for himself and/or his family and for all types of individual and multi—family
projects in all sections of City with special consideration being given to
changing existing growth patterns which may tend tosegregate people by
socioeconomic levels.
3. To assist City in the administration of the Community Development
Block Grant Fund Loan Program, including operating a CDC Loan Committee to
review, screen and approve or disapprove all loan applications.
4. To implement and operate a demonstration rehabilitation program
under the Community Development Biock Grant Program in accordance with
applicable Department of Housing and Urban Development Regulations and the
Demonstration Housing Rehabilitation Handbook of the City of Corpus Christi
as approved by the City Council and attached as exhibit "A" to this contract
and made a part thereto.
5. To provide to the extent possible home ownership counseling,
including budgeting and money management, to families that are planning to
purchase homes and to those who are experiencing payment difficulties with
major emphasis on FHA mortgage insured homes. CDC will assist and direct to
proper resources those families who have home maintenance problems and provide
information concerning other specific family needs.
6. To provide advice and assistance in the planning and execution
of economic development projects, upon request from the City.
7. To maintain a paid staff, including a Director, with said staff
to provide not less than one and one-half man. years of time toward fulfillment
of this contract.
8. That the professional services provided under this contract will
be supervised by the Board of Directors of CDC.
9. That it will record financial transactions according to approved
accounting procedures and provide an independent audit for such expenditures.
CDC will provide access to its records during regular business hours for the
purposes of City and/or HUD conducted audits or monitoring.
10. 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, paragraphs la, 1b, and
lc below, and provide such other information pertinent to this agreement as the
City Manager may from time to time request.
II
City agrees:
1. That for the services performed by CDC hereunder, the City will
compensate CDC as follows:
a. For all loan review and assistance provided for the local
Community Development Loan Program, a total amount of $2,500 annually paid
at the rate of one -twelfth (1/12) or $208.33 per month, from Community Develop-
ment Block Grant monies.
b. For the implementation and operation of a demonstration reha-
bilitation program, a total amount of $17,500 annually paid at the rate of
one -twelfth (1/12) or $1,458.33 per month, from Community Development Block
Grant funds.
c. For both multi -family and single family housing stimulation
and housing counseling, a total of $22,000 annually paid at the rate of `
one -twelfth (1/12) or $1,833.33 per month, from the City's General Fund.
2. All funds distributed to CDC by the City shall be in conformity
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 CDC 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 the CDC 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 ILS.
Certified Mail properly stamped for and addressed for delivery to City at
.City Hall, Corpus Christi, Texas, and to CDC, P. 0. Box 5205, Corpus Christi,
Texas 78405.
4. Nothing herein shall be construed as prohibiting CDC 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 CDC from receiving compensation therefor from such additional -
parties, provided that all other terms of this contract are fulfilled.
IV
CDC and the City agree that all funds expended under this contract
shall be solely for the activities outlined under this contract and further;
1. CDC agrees to conduct its activities 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.
2. CDC agrees to comply with paragraphs 570.506 Federal Register
with reference to Program Income.
3. CDC 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 Community Development.
4. CDC 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 activities when so informed in writing
by the City Manager or his representative.
5. During the performance of this contract, the CDC agrees as
follows:
a. The CDC will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The CDC 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 CDC agrees to post
in conspicuous places, available to employees and applicants for employ—
ment, notices to be provided setting forth the provisions of this.nondis—
crimination clause.
b. The CDC will, in all solicitations or advertisements for
employees placed by or on behalf of the CDC, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
c. The CDC will send to each labor union or representative
of workers with which it has a collective bargaining agreement or
contract or understanding, a notice to be provided by the Contract Com—
pliance Officer advising the said labor union or worker's representatives
of the CDC's commitment under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
d. The CDC 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. The CDC will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules, regula[ions,
r
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
f. In the event of the CDC'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 the CDC 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. The CDC will include the provisions of the sentence
immediately preceding paragraph (a) and the provisions of p4ragraphs
(a) through (g) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pur-
suant to Section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor.
The CDC 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, the CDC may request the United States to enter into
such litigation to protect the interest of the United States.
6. CDC agrees that pursuant to Section 130.20(a) of the regu-
lations the following assurance of compliance entitled "Training, Employ-
ment, and Contracting Opportunities for Businesses and Lower Income Persons"
shall be included in each Section 3 covered contract or agreement resulting
from this contract.
a. The project assisted under this contract is subject
to the requirements 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 reeiding in the
area of the project.
b. Notwithstanding any other provision of this contract,
CDC 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 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, employment, 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 CDC 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 regulations
set forth in 24 CFR Part 135, and all applicable rules and orders of the
Secretary issued thereunder ftior to approval by the Government of the appli—
cation for this contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the CDC, its successors and
assigns. Failure to fulfill these requirements shall subject the CDC, 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.
V
If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this contract shall be held invalid or uncon—
stitutional by final judgment of a court of competent jurisdiction it shall.
not affect any other section, paragraph, subdivision, clause, phrase, word
r or provision of this contract, for it is the definite intent of the parties
hereto that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
This agreement shall become effective August 1, 1980 and the services
herein contracted shall begin as of that date, on a month to month basis and
terminate on July 31, 1981.
Executed'in DUPLICATE ORIGINALS, this -the day of 1980.
CITY OF CORPUS CHRISTI
ATTEST:
City Secretary R. Marvin Townsend, City Manager
By:
APPROVED:
DAY OF
COMMUNITY DEVELOPMENT
CORPORATION OF CORPUS CHRISTI
By:
City Attorney President
Director of Finance
Director of Planning and Urban
Development
ATTEST:
Vice President
Secretary
Treasurer
Stanley J. Martinez, Executive Director
Corpus Christi, Te % s
_ f 7 day of
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,
MAYOR
THE CI
F CORPUS CHRISTI, TEXAS
The Charter rule was suspen, by the following vote:
Luther Jones '
Edward L. Sample ir'
Dr. Jack Best O
David Diaz dr
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky d
The above ordinance was passeby the following vote:
Luther Jones
Edward L. Sample:
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
X768