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HomeMy WebLinkAbout16525 ORD - 09/09/1981sp;9/4/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BID, INC., BEGINNING AUGUST 1, 1981 AND EXTEND- ING THROUGH JULY 31, 1982 FOR BUSINESS REVITALIZA- TION AND STIMULATION IN CENTRAL BUSINESS DISTRICT AND OTHER ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT AREAS, 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"; APPROPRIA- TING $64,350 OUT OF THE SEVENTH YEAR COMMUNITY DE- VELOPMENT BLOCK GRANT FUND; 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 execute a contract with Bid, Inc., beginning August 1, 1981, and extending through July 31, 1982, for business revitalization and stimulation in the Central Business District and other eligible Community Development Block Grant areas, 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. That there is hereby appropriated $64,350 out of the Seventh Year Community Development Block Grant Fund for the contract with Bid, Inc. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the public necessity of executing the aforesaid contract for business revitalization and stimulation in the central business district, such finding of an emer- gency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this 9 day of September, 1981. ATTEST: A OFDAY�c SEP&IZ!cock,y MBER, 198 Cr Attorney MAY 16525 THE CI Y OF CORPUS CHRISTI, TEXAS MICROFILMED' SEP 2 7 !984 r- :ATE OF TEXAS j COUNTY OF NUECES j ,CONTRACT WHEREAS, the City of Corpus Christi, hereinafter called "City", desires to promote the economic development and revitalization of older areas of Corpus Christi; and WHEREAS, the City benefits from more economic activity, increased property tax and direct employment; and WHEREAS, doastal Bend Business and Industrial Development Corporation, a nonprofit corporation organized under the laws of the State of Texas, hereinafter called "BID", is desirous of providing assistance for economic development programs, and the preparation and implementation of economic development packages; and WHEREAS, BID is an affiliate of the Minority Business Development Agency, hereinafter called "NBDA", and is expressly empowered to, among other things, prepare and implement financial packages for private businesses and to enter into contracts -with public authorities for the furtherance of the foregoing stated purpose; and WHEREAS, BID has been carrying out a service program to help stimulate and increase economic activity in the City; and WHEREAS, the City is empowered, under Article 11, -Sec. 5, Texas Constitu— tion, Article 1175 VATS, generally, and City Charter Art. IA, 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 occupan , of property of the City (Art. IX, Sec. 6(a)) and, there being, this Council finds a genuine need ' therefor in the City at this time, and that BID is a proper agency to serve as the City's independent contractor hereunder for the purposes heretofore expressed herein: NON, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERNS AND UNDER— TAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the City and BID. I. BID agrees: 1. To continue the operation of the Central Development Unit (CDU) for a twelve month period extending from August 1, 1981 thru July 31, 1982 under the City's Com- munity Development Block Grant Program in accordance with applicable Department of Housing and Urban Development Regulations. 2. To provide professional economic development services to individuals and. groupsin all census tracts eligible for Community Development Block Grant funds, with major concentration in the City's core aLea (Cutts 2, 3, 4, 1i). - 3. That professional economic development services provided will include but not be limited to consultation, financial packaging, avid promotion_ 4. That the Central Development Unit will work in conjunction with Cit staff, government agencies, business and prvate sectors to alleviate physical and economic distress in the areas expressed. 5. To maintain a paid staff, known as the Central Development Unit, in- cluding a coordinator, with said staff to provide not less than two and one-half man years of time toward fulfillment of this contract. 6. That the services provided in this contract shall be in addition to the services previously provided by BID and shall not, in any manner whatsoever, serve to reduce such services to the areas served under this contract. 7. All activities undertaken by BID and its Central Development Unit under this contract will be coordinated fully with the City Manager or his designated re- presentative to alleviate all duplication of effort and possible conflicts with City policies. 8. 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 below, and provide such other information pertinent to this agreement as the City Manager or his designated representative may .from time to time request. II. City agrees: 1. That for the economic development services performed by BID hereunder, the City will compensate BID by twelve equal monthly payments of $5,362.50. Total amount of contract to be $64,350 (budget attached, Exhibit A). 2. All funds distributed to BID by the City shall be in conformity with the terms and conditions outlined under III, IV and V below. The parties further agree that: 1. In no event shall the City be liable for any contracts whatever made by BID 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 BID arising from its operation, use, or mainte- nance 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 U. S. Certified Mail properly stamped for and addressed for delivery to City at City Hall, Corpus Christi, Texas, and to BID at 4410 Dillon Lane, Suite #41, Corpus Christi, Texas 78415. 4. Nothing herein shall be construed as prohibiting BID 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 BID from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled.' 5. Nothing herein contained shall be construed as authorizing BID or its Central Development Unit to represent the City without specific authorization nor shall be construed as authorizing BID or its Central Development Unit to engage in - activities which have been or are being undertaken by City without further written authorization from the City or written request for assistance. (see Sec. 1, Paragraph 8) Iv. Client Selection and Priority List 1. All prospective candidates for assistance must be located within a Community Development Block Grant eligible area and must meet one or more of the following criteria whether the client is an existing or proposed business: a. A wholesale firm with gross yearly sales not over $1.0 million. b. A service firm whose gross annual receipts do not exceed $750,000. c. A retail firm with gross annual sales or receipts not over SADD,mmn, d. A firm engaged in an industry or trade area in which small and minority business participation to date has been minimal. e. A business not meeting the criteria listed in a, b, c, or d may be assisted contingent upon City staff approval if the business to be assisted will have an appreciable economic impact on the central core of the City. 2. Priority will be given to firms meeting the initial screening under 1 above in the following order: a. Those firms who are located in concentrated commercial revitalize— . tion areas such as: Central Corpus Christi Improvement District or the Agnes and Laredo commercial improvement area. b. Those businesses that are receiving or have received financial sup— port under City, County, State or Federal programs. c. Any other firm that meets the selection criteria under 1 above. v. BID and the City agree that all funis expended under this contract shall be solely for the activities outlined under this contract and.further; 1. BID 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. BID agrees to comply with paragraphs 570_506 Federal Register with -reference to Program Income. 3. BID 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. BID 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, BID agrees as follows: a. BID will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin_ BID will take- affirmative akeaffirmative 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. BID 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. b. BID will, in all solicitations or advertisements for employees placed by or on behalf of BID, state that all qualified applicants will receive con- sideration for employment without regard to race, color, religion, sex, or nationalorigi c. BID will send to each labor union or representative of workers with which it has a collective bargaining agreement or other coatiact or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of BID's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. BID will comply with all provisions of .Executive Order 1124 .eptember 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. BID will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his 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 BID's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, tidy contract may be cancelled, terminated, or suspended in whole or in part and BID 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. BID will include the provisions of the sentence immediately pre- . ceding paragraph (a) and the provisions of paragraphs (a) through (g) is every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or vendor. BID will take such action with respect to any subcqntract or purchase order as the Department may direct as a means of enforcing such provisions, 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, BID may request the United Stated to enter into such litigation to protect the interest of the United States. 6. BID agrees that pursuant to Section 130.20 (a) of the regulations, the following assurance of compliance entitled "Training, Employment, 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 require- ment 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, oppor- tunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project he awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. b. Notwithstanding any other provision of this contract, BID shall y out the provisions of said Section 3 and tie 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 require— ments of said regulations include but are not limited to development and imple— mentation 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. BID certified 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 prior to approval by the Government of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon BID, its successors and assigns. Failure to fulfill these requirements shall subject BID, 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. 7. BID agrees to furnish an independent audit of its activities under this contract which specifically reviews the maintenance of effort cTmge as well as all Federal regulations within 60 days after expiration of this contract. VI. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this contract shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this contract, for it is the definite intent of the parties hereto that every section, paragraph, sub— division, clause, phrase, word or provision hereof be given full force and effect for its purpose. This agreement shall become effective August 1, 1981 and the services ,in contracted shall begin as of that date, on a month to month basis and' terminate on July 31, 1982. Executed in DUPLICATE ORIGINALS, this the day of 1981. ATTEST: CITY OF CORPUS CHRISTI City Secretary By: R. Marvin Townsend, City Manager APPROVED: DAY OF City Attorney 1980: COASTAL BEND BUSINESS AND INDUSTRIAL DEVELOPMENT CORPORATION (BID, INC.) By: . Executive Director AAWZ-IN-.0".\ Assistant City Manager Chairman of the Board . Secretary of the g CENTRAL DEVELOPMENT UNIT BUDGET Third Year Budget • August 1, 1981 -July 31, 1982 1. PERSONNEL: CDBG Funds Senior Financial Consultant $20,000 Financial Consultant 14,350 Research Analyst 14,500 Total Personnel $48,850 2. PERSONNEL Bum= 3. TRAVEL 4. ADMINISTRATIVE EXPENSES 3,000 4,200 8,300 Total Budget $64,350 K )) Exhibit A CITY OF CORPUS C RISTI, TEZAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 3, 1981 I certify to the City Council that $ 64,350.00 , 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 CDBG State Grant CDBG �7t�El Project. 152-807.05-473Nb Project Nan BID, Inc. frmn which it is pini sed to be drawn, and such nnney is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 q/s IR I 19 ?% Corpus Christi, Texas 7 day of 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members 41101 /10, :61r dif THE TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: 113525