HomeMy WebLinkAbout16057 ORD - 02/18/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE BOYS' CLUB OF CORPUS CHRISTI, WHEREBY THE CITY
WILL REIMBURSE THE BOYS' CLUB AN AMOUNT NOT TO EXCEED
$80,000°FOR THE REHABILITATION OF THE BOYS' CLUB SWIM-
MING POOL FROM THE 4TH YEAR COMMUNITY DEVELOPMENT GRANT
PROGRAM, 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 and he is hereby authorized to
enter into a contract with the Boys' Club of Corpus Christi, whereby the City
will reimburse the Boys' Club an amount not to exceed $80,000 for the rehabili-
tation of the Boys' Club swimming pool from the 4th Year Community Development
Grant Program, 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 that rehabilitation work
may be commenced without delay, thereby insuring adequate swimming pool facili-
ties in the community, 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 Charter rule and that this ordi-
nance 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 g day of February, 1981.
ATTEST:
9"
y retary
APPROVED %C4 DAY OF FEBRUARY, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Ci j';/ orney
M
,Y,,
THE ITY OF CORPUS CHRISTI, TEXAS
1.6057 M QE ma
II P 7 )984
AN AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Agreement is entered into between the City of Corpus Christi,
hereinafter called "City", and the Boys' Club of Corpus Christi, Inc.,
hereinafter called "Boys Club".
WHEREAS, City is undertaking a Community Development Block Grant
Program under the Housing and Community Development Act of 1974 in
accordance with federal regulations (24 C.F.R. 570). Under this program, the
City Council of the City of Corpus Christi has determined and the Department
of Housing and Urban Development (HUD) has approved the rehabilitation of the
existing Boys Club swimming pool to be in furtherance of the execution of the
Community Development Block Grant Program. Boys Club is a non-profit
corporation under the laws of the State of Texas and is governed by the Texas
Non -Profit Corporation Act, and
WHEREAS, City and Boys Club have determined that the swimming
pool located at the Boys Club is in need of upgrading to current safety and
public health standards, and
WHEREAS, the cost of renovating the existing pool would be less than
building a completely new facility, and
WHEREAS, the City and Boys Club desire to provide the City with an
adequate swimming pool facility while minimizing such cost; and
WHEREAS, the City desires that Boys Club improve the said swimming
pool, and
WHEREAS, City and Boys Club wish to expedite such rehabilitation;
NOW, THEREFORE, it is mutually agreed as follows:
1. The swimming pool located at the Boys Club complex is to be
rehabilitated as part of the City's Community Development Block Grant. Said
Boys Club complex is located on a 15 -acre tract land out of Lot 13, Section G of
the Paisley Subdivision of the Hoffman Tract as shown by map or plat of record
in Volume A, Page 28, Map Records of Nueces County, Texas with said 15 -acre
tract described by metes and bounds in the deed from the City of Corpus
Christi to Boys Club dated September 12, 1962 and recorded in Volume 974,
Page 317 of the Deed Records of Nueces County, Texas.
2. Boys Club shall construct or cause to be constructed
improvements on the presently existing Boys Club swimming pool in accordance
with plans and specifications approved by City. Said improvements shall
include but not be limited to the leveling of the pool, providing an adequate
circulator infiltration system, adequate drainage and decking, and providing
dressing facilities. The construction shall be contracted for and financed solely
by Boys Club subject to the provisions of this agreement and applicable law.
3. City and Boys Club shall make a final inspection of improvements
to determine compliance of the approved plans and specifications. Should
construction of this project not be carried out in conformance with the approved
plans and specifications or subsequent change orders, those items not in
conformance shall be replaced by the contractor, at Boys Club expense, to
achieve such conformance, subject to the approval by the City.
4. City shall reimburse the Boys Club for the cost of constructing
such improvements as described above, not to exceed eighty thousand ($80,000)
dollars. The reimbursement shall be paid by City in monthly payments as
requested by Boys Club based on actual construction payments, but in no event
shall such reimbursement exceed eighty thousand ($80,000) dollars.
5. City and Boys Club presently have an agreement dated March 22,
1968, in force, relating to the construction of the Boys Club as a neighborhood
facility under Section 703 U.S. Public Law 89-117. Nothing herein shall be
construed or interpreted as subordinating such prior agreement in whole or in
part to this agreement.
6. For a period of ten (10) years from and after the time at which
the rehabilitation has been completed and approved by City, such facility shall
not, without the approval of City, be converted to uses other than those
specifically set out in the agreement referred to in paragraph 5 above.
7. Boys Club shall not voluntarily create, cause, or allow to be
created any debt, lien, mortgage, charge, or encumbrance against the facility
which in any way may impair or otherwise adversely affect the. preservation of
said facilities for the use or uses set out in this agreement. Boys Club shall
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from time to time duly pay and discharge, or cause to be paid and discharged
when the same shall become due, all taxes, assessments, and other
governmental charges which are lawfully imposed upon the facilities and which
would otherwise impair or adversely affect the holding of said facilities for the
use or uses set forth in this agreement.
8. Boys Club shall at all times keep the facilities 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.
Boys Club shall not permit, commit or suffer waste or impairment of the land
described in paragraph 1 above or of the facilities or any part thereof.
9. The Boys Club shall submit to the City and/or Secretary of HUD
such data, reports, records and documents relating to the operations of the
facilities as the City and/or HUD may require in order to permit the City and/
or HUD to determine whether the operation of the facilities is in accordance
with this agreement and rules and. regulations of HUD and other applicable law.
10. Boys Club shall obtain adequate insurance to protect and fully
replace the facilities from all manner of damage and destruction. In the event
of such damage or destruction, including damage from hurricane, Boys Club
agrees to apply any insurance proceeds received to substantially reconstruct
the subject facilities. Boys Club shall further obtain liability insurance, in
which City is an additional names 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 $500,000 for personal injuries and/or
death to an individual arising out of a single accident or occurrence, $1,000,000
• for personal injuries and/or death to more than one person arising out of a
single accident or occurrence, and $50,000 for damage to property arising out
of a single accident or occurrence. All insurance policies shall contain a
provision that such insurance coverage may not be cancelled or discontinued
without the insurance company giving the City's Dirctor of Parks and
Recreation at least thirty (30) days advance written notice of such action. A
copy of all such insurance policies shall be furnished to the City Secretary
prior to the commencement of the rehabilitation described herein. Boys Club
• further agrees to fully indemnify and hold City harmless from all damages or
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liability of any kind whatsoever arising out the operation and use of the
facilities at the Boys Club complex or as a result of this agreement.
11. No. officer, employee or member of the governing body of the
Boys Club 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 responsibility in the
review or approval of the undertaking or carrying out of this project, shall
have any financial interest, direct or indirect, in this agreement, or in any
contract or undertaking in connection with the use and operation of this
facility. Nothing herein shall preclude members of the Board and officers of
the Boys Club from contributing their time and energy to the project at no cost
to the Boys Club.
12. Boys Club will comply with the following nondiscrimination and
other provisions:
A. Federal Management Circulars 74-4 and 74-7 and HUD's
Applicability to Community Development Block Grant with reference to
attachments B, C, and 0 thereof.
B. Title VI of the Civil Rights Act of 1964 (Public Law 88-352)
and the regulations issued pursuant thereto (24 C.F.R. Part 1), which provide
that no person in ,the United States shall on the grounds of race, color or
national origin be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity for
which Boys Club receives federal financial assistance and will immediately take
any measures necessary to effectuate this assurance. If any real property or
structure thereon is provided or improved with the aid of federal financial
assistance, this assurance shall obligate the applicant or in the case of any
transfer of such property any transferee, for the period during which the real
property or structure is used for a purpose for which the federal financial
assistance is extended, or for another purpose involving the provision of similar
services or benefits.
C. Section 109 of the Housing and Development Act of 1974, and
the regulations issued pursuant thereto (24 C.F.R. Part 570.602), which
provides that no person or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
4
funded in whole or in part with funds provided under the Community
Development Block Grant Program.
D. Executive Order 11246, and the regulations issued pursuant
thereto (24 C.F.R. Part 130 'and 41 C.F.R. Chapter 60), and Section 4(b) of
the Grant Agreement, which provides that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases
of employment during the performance of federal or federally assisted contracts.
E. 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.
F. The flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (Public Law 93-234). Section 103(a)
requires that on and after March 2, 1974, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of
any federal financial assistance for construction or acquisition purposes for use
in any area that has been identified by the Secretary of HUD as an area having
special flood hazards. The phrase "federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate subsidy disaster
assistance loan or grant, or any other form of direct or indirect federal
assistance.
G. Boys Club will not discriminate against any applicant for
employment because of race, color, religion, sex or national origin. Boys Club
will take affirmative action to ensure that applicants are employed, and that
employees are trained 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 form of
compensation; and selection for training, including apprenticeship. Boys Club
agrees to post in conspicuous places available to employees and applicants for
' employment notices setting forth the provisions of this nondiscrimination clause.
H. The Boys Club will in all solicitations or advertisements for
employees placed by or on behalf of Boys Club, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin.
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I. Boys Club agrees that pursuant to Section 3 of the Housing
and Urban Development Act the following assurances of compliance entitled
"Training, Employment, and Contracting Opportunities for Business and Lower
Income Persons," shall be included in each Section 3 covered agreement
resulting from this agreement:
1. The project assisted under this agreement is subject to
the requirements of Section 3 of the Housing and Urban Development
Act of 1965, as amended (13 U.S.C. 1701 u). Section 3 requires that
to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project to 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,
Boys Club shall carry out the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary set forth in 24
C.F.R. Part 135 and all applicable rules and orders of the Secretary
issued thereunder prior Icy 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,
employment and business opportunities required by Section 3; and
incorporation of the "Section 3 clause" specified in Section 135.20(b)
of the regulations in all contracts for work in connection with the
project. Boys Club certifies and agrees that it is under no
contractual or other diability which would prevent it from complying
with these requirements.
3. Compliance with the provisions of Section 3 and the
regulations set forth in 24 C.F.R. Part 135, and all applicable rules
and orders of the Secretary issued thereunder prior to the 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 Boys Club, its contractors and subcontractors, its
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successors and assigns to the sanctions specified in this agreement,
and to such sanctions as are required by 24 C.F.R. Section 135.135.
13. Nothing contained in this agreement shall create or justify any
claim against the United States Government and/or City by an person as a
result of agreements executed by the Boys Club in carrying out the project or
in the use and operation of the facilities.
14. If Boys Club should violate or default in its covenants as set
forth in this agreement, City shall have the right to and shall enforce
performance thereof in any mode provided by law, whether for breach of
' covenant or otherwise, including but not limited to, obtaining a mandatory
injunction from a court of competent jurisdiction requiring performance of this
agreement; and in addition, City may, if it elects, by giving notice in
complying with the further provisions hereof declare that the right of
possession of the property described in paragraph 1 for the term thereof has
reverted to City, and City, its agents, employees, or attorneys, shall have the
right without being guilty of any manner of trespass and without prejudice to
any remedy for breach of covenant or condition or otherwise to resume
possession of said premises, including all improvements situated thereon, which
shall then and thereafter become and be the sole property of the City for the
remainder of the term hereof and provided that the City shall restrict the use
of such facilities for the balance of the term hereof to such uses as are set out
in the agreement referred to in paragraph 4 above.
Notwithstanding any other provision hereof, however, Boys Club shall
not be considered as having forfeited or as having divested of its ownership
or right to use and possess said property, for failure to use said property in
the manner herein required or for breach of any covenant contained herein, or
for any other reason, unless prior thereto the City shall have given written
notice to Boys Club in care of its president addressed to the above described
premises and deposited in the U.S. Mail certified mail return receipt requested
setting forth the breach of covenant complained of or other grounds asserted
for such termination; and unless further that Boys Club shall have failed to
cure any such default or failed to meet any such obligation promptly after such
notice, the period of time being allowed to be in any event not less than thirty
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(30) days nor more than ninety (90) days. By the term "promptly" is meant
the time which ordinarily would be required to accomplish the correction.
15. If any provision of this agreement is held invalid, the remainder
hereof. shall not be affected thereby if such remainder would then continue to
' conform to the terms and requirements of applicable law.
16. The obligations of City and Boys Club under this agreement are
conditioned upon the disbursement by the United States of the funds reserved
for this project.
17. This agreement shall be effective and shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs,
successors and assigns from and after the date of execution.
EXECUTED in duplicate originals this the _ day of
19
ATTEST CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: DAY OF , 19 _..
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Department Head
ATTEST: BOYS CLUB OF
CORPUS CHRISTI
By
Secretary Rosa Gonzales, President
8
i
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 80,000.00
March 4, 1981
, the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name No. 162 Federal/State Grant Fund
Project No. Activity 4741, Code 502
Project Name Rehabilitation of the Boys Club of Cornuc Chricri
Swimming Pool
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
FIN 2-55
Remised 7/31/69
c_gr'
000. I
161
Corpus Christi, T�xas
11? day ofcr G.{,y , 14I____
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 CIT OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample 0
Dr. Jack Best
Jack K. Dumphy 1
Leopoldo Luna
Betty N. Turner
Cliff Zarsky L_ _
The above ordinance was pass by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
1OO57 ~