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HomeMy WebLinkAbout16596 ORD - 10/14/1981sp;10/12/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR IMPLEMENTATION OF A CITY WIDE WEATHERIZATION PRO- GRAM TO AID LOWER AND MODERATE -INCOME FAMILIES AND THE ELDERLY AND HANDICAPPED; APPROPRIATING $60,000 OUT OF THE NO. 162 FEDERAL/STATE GRANT FUND, FOR PROJECT NO. 157-807.23-245, EMERGENCY HOME REPAIRS AND WEATHERIZATION, AS ALLOCATED BY THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, 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 execute a contract with the Nueces County Community Action Agency for implementation of a city wide weatherization program to aid lower and mod- erate -income families and the elderly and handicapped. SECTION 2. That there is hereby appropriated $60,000 out of the No. 157-807.23-245, Emergency Home Repairs and Weatherization, as allocated by the Seventh Year Community Development Block Grant, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing a contract for city wide weatherization program so that the afore- said program may be implemented at the earliest practicable date, such find- ing of an emergency 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 this /4 day of October, 1981. ATTEST: Ci Secretary APPRQVED: DAY OF OCTOBER, 1981 J. BRUCE AYCOCK, CITY ATTORNEY By si Assi City Attorn MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16596 SEE 2 7 7984 MICROFILMED CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires to maintain safe, sanitary housing and promote revitalization of older areas of Corpus Christi; and WHEREAS, the City benefits from more economic activity, increased em- ployment, and material purchases developed by such housing; and WHEREAS, the Nueces County Community Action Agency, a non-profit cor- poration organized under the laws of the State of Texas (hereinafter called "NCCAA"), is desirous of providing a weatherization service to low and lower in- come families in single family housing within the City; and WHEREAS, NCCAA has been carrying out a service program to help insure better housing through an extensive weatherization program for low income families in this City and other programs to increase economic activity in this City; and WHEREAS, the City is empowered under Article 11, Sec. 5, Texas Consti- tution, Article 1175 VATS, generally, and City Charter Article IX, Sec. 1, parti- cularly but without limitation, to contract for the promotion of the public wel- fare, health and safety in furtherance of necessary and proper use and occupancy of property of the City (Article IX, Sec. 6(a)) and to promote in reasonable connection therewith the quality of housing available in the City, there being, this Council finds a genuine need therefor in the City at this time and that NCCAA is a proper agency to serve as the City's independent contractor hereunder for the pruposes heretofore expressed herein: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the City and NCCAA. NCCAA agrees: 1. To provide sufficient manpower and administrative support to carry on a weatherization program. This weatherization program will deal with single family housing located within census tracts eligible for Community Development Block Grant assistance, This program is for the promotion of safe and sanitary housing for low to moderate income families, the elderly and handicapped, and to assist in creating conditions which will promote good health. 2. This weatherization program will provide rehabilitation assistance to a minimum of 50 dwelling units per one year period, maximum expenditures for materials to be $1,000 per unit. All labor and administrative support to be provided by NCCAA at no cost to the City. 3. That the professional services provided under this contract will be administered by the Board of Directors of the Nueces County Community Action Agency. 4. That it will record financial transactions according to approved accounting procedures and provide an independent audit for such expenditures. 5. That it will provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. 6. That it will render a detailed written monthly activity report to the Director of Housing and Community Development no later than the 15th calendar day of the following month together with a request for payment according to Sec. 2, Paragraph la and provide other such information pertinent to this agreement as the Director of Housing and Community Development may from time to time request. II City agrees: 1. That for the services provided by NCCAA hereunder, the City will compensate the NCCAA as follows: a. Will reimburse NCCAA for materials only used during the rehabilita- tive weatherization process for all dwelling units weatherized during a one year period in an amount not to exceed $60,000. III The parties further agree that: 1. In no event shall the City be liable for any contracts whatever made by NCCAA 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 the NCCAA arising from its operation, use, or maintenance 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 NCCAA, 3105 Leopard, Suite One. Corpus Christi, Texas 78408. 4. Nothing herein shall be construed as prohibiting NCCAA 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 NCCAA from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled. Iv NCCAA and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1. NCCAA agrees to conduct its activities in accordance with Federal Management Circular 74-4 and 74-7 and HUDTs Applicability to Community Develop- ment Block Grants with reference to attachments B, C, N, and 0, thereof. 2. NCCAA agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. 3. NCCAA 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. NCCAA 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, the NCCAA agrees as follows: a, The NCCAA will not discriminate against any employee or applicant for employment because of race, color, religion, sexy or national origin. The NCCAA will take affirmatiye 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, The =AA 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. The NCCAA will, in all solicitations or advertisements for' employees placed by or on behalf of the NCCAA, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The NCCAA will send to each labor union or representative of workers with which it has a collective bargaining agreement or contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the NCCAA's com- mitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The NCCAA will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The NCCAA 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 books, records, and 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 the NCCAA's non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the NCCAA 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. The NCCAA will include the provisions of the sentence Immediately preceding paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The NCCAA will take such action with respect to any subcontract 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, the NCCAA may request the United States to enter into such litigation to protect the interest of the United States. 6. NCCAA agrees that pursuant to Section 130.20(a) of the regula- tions, 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 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 lower income residents of the project area and contracts for work in connection with the project be 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, NCCAA 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 appli- cable rules and orders of the Secretary issued thereunder prior to the execution of this contract. 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 regulations in all contracts for work in connection with the project. The NCCAA certifies 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 regula- tions 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 piovided to the project, binding upon the NCCAA, its successors and assigns. Failure to fulfill these requirements shall subject the NCCAA, 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. V If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this contract shall be held invalid or uncon- stitutional 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, subdivision, 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 herein 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 By: City Secretary Ernest M. Briones APPROVED: DAY OF Acting City Manager 1981 NUECES COUNTY COMMUNITY ACTION AGENCY By: City Attorney Chairperson Assistant City Manager for Vice Chairperson Urban Development ATTEST: Secretary Treasurer Robert Aguilar, Executive Director CITY OF CORPUS CFRtISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 7, 1981 I certify to the City Council that $ 60,000.00 , 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 Oo rpus Christi to the credit of: Fund No. arra Name 162 Federal/State Project No. 159/R07.7i/94s Project Name Emergency Home Repairs & Weatherization fon which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 lotheop /0/7/11 nrk 19L NANc r_p iler 8 8 03 4/,/, Corpus Christi, Texas / )1 day of atj/ , 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 ,44 MAYOR (/ THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16596