Loading...
HomeMy WebLinkAbout16090 ORD - 03/04/1981vp:342/81:.1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARY MC LEOD BETHUNE DAY NURSERY, INC. FOR THE CONSTRUCTION OF THE BERNICE LEONARD DAY CARE CENTER TO PRINCIPALLY SERVE CENSUS TRACTS 4 AND 5 FOR $190,000 OUT OF 6TH YEAR COMMUNITY DEVELOPMENT PRO- GRAM, 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 DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 't SECTION 1. That the City Manager be authorized to execute a con- tract with Mary McLeod Bethune Day Nursery, Inc. for the construction of the Bernice Leonard Day Care Center to principally serve census tracts 4 and 5 for $190,000 out of 6th Year Community Development 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 without delay in order that construction of the Bernice Leonard Day Care Center may continue without delay 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 intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emer- gency 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 from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of March, 1981. ATTEST. Ci Secretary MAY APPROVED: `-j DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY 16090 ,THE CITY OF CORPUS CHRISTI, TEXAS NICROBLMED SgP 2 71984 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE MARY MCLEOD BETHUNE DAY NURSERY, INC. RELATING TO THE CONSTRUCTION OF THE BERNICE LEONARD DAY CARE CENTER THE STATE OF TEXAS COUNTY OF NUECES This Agreement, executed in duplicate on this day of , 1981, by and between the City of Corpus Christi, Texas, (hereinafter "City"), acting by and through its duly authorized City Manager, and the Mary McLeod Bethune Day Nursery, Inc., (hereinafter "Bethune"), a nonprofit corporation organized under the laws of the State of Texas, WITNESSETH: WHEREAS, 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); and WHEREAS, under such program the governing Council of the City has determined that the Department of Housing and Urban Development has approved certain construction of a day care center by Bethune for children of preschool age to be in furtherance of the execution of the Community Development Block Grant Program; NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained, the City and Bethune agree as follows: 1. Bethune shall construct a day care center on that tract of Iand having the legal description as shown on the attached Exhibit "A" and shall provide day care services to families of preschool age children, undertaken as a part of the City's Community Development Block Grant Program. 2. The City shall provide through its Community Development Block Grant Program to Bethune total funds of $190,000, and said funds shall be paid on a reimbursement basis supported by detailed invoices or other documentation to the satisfaction of the City. Nothing in this contract shall be construed as requiring the City to provide additional construction funds or operational funds to Bethune at any time. 3. Bethune agrees to perform all activities required by this Agreement in compliance with all applicable Federal regulations. The plans and specifications for the center will be prepared by Mr. George Clower, architect for the project, and will be approved by both the City and Bethune prior to. implementation, and shall be in conformity with both local codes and HUD regulations. 4. Bethune agrees to operate the facility for preschool child care and related services, for families principally residing in census tracts 4 and 5 of the City, and other areas now serviced by Bethune. 5. For a period of 20 years from the time the center has been completed and approved by Bethune as well as approved by the City, such facility shall not, without specific written approval of the City, be converted to uses other than those specifically set out in this Agreement in accordance with paragraph 4 above. Bethune shall not voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges, or other encumbrances against the facility. Bethune shall from time to time, duly pay and discharge or cause to be discharged or to be paid, 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. 6. Bethune 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. Bethune 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. 7. Bethune shall submit to the City or the Secretary of Housing and Urban Development, (hereinafter "HUD"), such data, reports, records, and. documents relating to the operation of the facility as the City or HUD may require in order to permit the City or HUD to determine whether the operations of such facility is in accordance with this agreement and the rules and regulations of HUD. 8. Bethune shall obtain adequate insurance to protect the facility from all manner of damage and destruction. Bethune shall further obtain liability insurance, in which the City is a named insured, protecting against claims for injury or death to persons using the facility, and against damages 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. Bethune further agrees to fully indemnify and hold harmless the City from all damages or liabilities of any kind whatsoever which may be incurred arising out of operation or use of the facility. 9. No officer, employee or member of the governing body of Bethune, no public official or employee of the City, and no employee, officer or director of any participating nonprofit 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 Agreement, or in any contract or undertaking in connection with the use and operation of the facility described herein. 10. In the event that Bethune ceases to operate the facility during the 20 -year period. of this Agreement in strict conformity with its terms and conditions the City is herein specifically authorized to demand reimbursement of the Block Grant, and in the event it is not promptly repaid, to take possession of the property without recourse and to dispose of such property in whatever manner it deems necessary to reimburse the City's Community Development Block Grant Program. 11. Bethune specifically agrees to comply with the following: 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, 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 and Urban Development Act of 1965, as amended. d. To comply with any other rule or regulation promulgated by HUD during life of this Agreement, which is directly related and covering Community Development Block Grant Funded Activities when so informed in writing by the City. e. To comply with Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Paragraph 570.601) which provide 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 discrimina- tion under, any programs or activity funded in whole or in part with funds provided by the Community Development Block Grant Program. f. Bethune will not discriminate against any applicant for employment because of race, color, religion, sex, or national origin. Bethune 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 form of compensation; and selection for training, including Apprenticeship. Bethune 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. Bethune will, in all solicitations or advertisements for employees placed by or on behalf of Bethune, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. h. Bethune agrees that pursuant to Section 3 of the Housing and Urban Development Act of 1965 and regulations - promulgated in reference thereto, the following assurance of compliance entitled "Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons," shall be included in each Section 3 contract or 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, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with 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 provisions of this Agreement, Bethune 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, employment, and business opportunities required by Section 3; and incorporation of the "Section 3 clause" specified by Section 135.20(b) of the project. Bethune 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 regulations 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 Agreement, shall be a condition of the Federal financial assistance provided to the project, binding upon Bethune, its contractors, and sub -contractors, 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. The City determines that the provision and operation of a facility for pre-school child care and related services for the citizens of the City constitutes a valid public purpose in order to promote the health, safety, general welfare and economic vitality of the citizens of the City, and the City and Bethune agree that the consideration received by the City for providing $190,000 to Bethune as described in paragraph 2 above shall be the provision and operation of such a facility by Bethune and the compliance and faithful performance of all obligations, conditions and covenants required herein. 13. Nothing contained in this Agreement shall be construed as obligating the City to fund any additional services nor to fund any operational costs or maintenance costs of any facility for Bethune. 14. 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 requirements and terms of applicable law. In witness whereof, this Agreement has been executed as of the day and year first above written. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary R. Marvin Townsend, City Manager APPROVED: APPROVED: DAY OF JANUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: Secretary Ernest 13riones, Director Planning & Urban Development MARY MCLEOD BETHUNE DAY NURSERY, INC. By Corp s Christi, ��Tex�as� day of2,1 TO 19 /1 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, MAYO The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky /V/ THE CIT OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky ' by the following vote: 16090