HomeMy WebLinkAbout16217 ORD - 04/29/1981AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE BOYS' CLUB
OF CORPUS CHRISTI WHEREBY THE CITY WILL REIMBURSE THE BOYS'
CLUB AN AMOUNT NOT TO EXCEED $7,000.00 FOR THE INSTALLATION
OF AUXILIARY AIR CONDITIONING EQUIPMENT AND ELECTRICAL WORK
AT THE BOYS' CLUB AND APPROPRIATING $20,692 OUT OF THE 5th
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT INCLUDING $13,692.00
FOR AIR CONDITIONING EQUIPMENT PREVIOUSLY ORDERED BY THE
CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
a contract with the Boys' Club of Corpus Christi whereby the City will re-
limburse the Boys' Club an amount not to exceed $7,000.00 for the installation
of auxiliary air conditioning equipment and electrical work at the Boys' Club.
SECTION 2. That there is hereby appropriated the sum of $20,692
out of the Fifth Year Community Development Block Grant, including $13,692
for air conditioning equipment previously ordered by the City of Corpus Christi.
SECTION 3. The necessity to authorize execution of the contract and
appropriation of the sums for the purposes set forth hereinabove creates a
public emergency and 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 or Council members, having
declared that such emergency and necessity exist, having requested the sus-
pension of the Charter rule and that this ordinance be passed finally on the date
of its introduction take effect and be in full force and peffect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED this the o2- ` day of April, 1981.
ATTEST:
City Secretary MAYOR /
THE (C TY OF CORPUS CHRISTI, TEXAS
APPROVED:
-2!..4,7 DAY OF APRIL, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
18217
MICROFILMED
SP 271984
�-Y
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 fed-
eral 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 Boys Club air condi-
tioning system to be in furtherance of the execution of the Community Develop-
ment 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 air conditioning
system located at the Boys Club is in need of rehabilitation, and
WHEREAS the City and Boys Club desire to provide the City with an
adequately airconditioned facility while minimizing such cost; and
WHEREAS, the City desires that Boys Club improve the said air condi-
tioning system, and
WHEREAS, City and Boys Club wish to expedite such rehabilitation;
NOW, THEREFORE, it is mutually agreed as follows:
1. The air conditioning d'ystem 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 of 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 improve-
ments on the air conditioning system in accordance with plans and specifications -
approved by City. Said improvements shall include but not be limited to in-
stallation of chiller units, installation of gas furnaces, cleaning of evap-
orates coils and related electrical work. 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 con-
struction of this project not be carried out in conformance with the approved
plans and specifications or subsequent change orders, those items not in con-
formance 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 seven thousand ($7,000)
dollars and shall provide the gas air conditioning chillers and such other
materials and equipment that may have been previously purchased by City for
this project. 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 seven thousand dollars ($7,000).
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 neighbor-
hood 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 Boy's 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 operationof 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 receivedto substantially reconstruct
the subject facilities. Boys Club shall further obtain Iiability 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 Levi 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
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•
•
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.
5
. 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.P.R. Part 135 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 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,
1, 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 cif 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 cohsidered 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
(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.
-
day of
•
EXECUTED in duplicate originals this the
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
l u„ Department Head
ATTEST:
Secretary
8
• BOYS CLUB OF
CORPUS CHRISTI
By
Rosa Gonzales, President
Corpus Christi, Texas
„.q 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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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,
_Council Members
Respectfully,
MAYOR' !/
The City of Corpus Christi, Texas
The Charter rule was suspended by
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley .
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
the following vote:
passed by
1.71 n�re,
the following vote:
16217
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
April 29, 1981
I certify to the City Council that $ 20,692 , 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:
and Nam° 162 Federal -State Grant Fund
Fund No.
Project No. Account #4744 Code 502
Project Name Community Development Block Grant - Rehabilitation
of the Boys Club
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69