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