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HomeMy WebLinkAbout17191 ORD - 08/11/1982skp;8/9/82;1st AN ORDINANCE AUTHORIZING A CONTRACT WITH COASTAL BEND ALCOHOLIC REHABILITATION CENTER, INC., FOR AN ALCOHOLIC DETOX- IFICATION PROGRAM; APPROPRIATING $40,000 FOR THE CONTRACT; 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 Coastal Bend Alcoholic Rehabilitation Center, Inc., for $40,000 to help fund said center beginning August 1, 1982, through July 31, 1983, 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 $40,000 from Fund No. 162-152-807.06-301, Eighth year Community Development Block Grant for the contract. 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 to take immediate action to help fund the Coastal Bend Alcoholic Rehabilitation Center, such finding of an emergency is made and declared requiring suspen- sion of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed anclijc shall take effect upon first reading as an emergency measure this the)? day of August, 1982. ATTEST: • y Secretary MAYOR APPROVED:/014-AY OF AUGUST, 1982 Bruce Aycock, ity Attorney THE CITY OF CORPUS CHRISTI, TEXAS 17191 SEP 2 8 1984 464211984' ttigaftlIAM3 CONTRACT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires to support the goals and objectives of the Coastal Bend Alcoholic Rehabilitation Center, Inc. in Corpus Christi; and WHEREAS, the City is desirous of providing safe and sanitary facilities for its citizens in need of the services provided by the Coastal Bend Alcoholic Rehabilitation, Inc; and WHEREAS, the Coastal Bend Alcoholic Rehabilitation Center, Inc., a non— profit corporation organized under the laws of the State of Texas (hereinafter called CBARC), is able and desirous of providing services to individuals who seek assistance from the problems created by the abuse of alcohol and of returning the individuals to a healthy, able, productive life; and WHEREAS, CBARC has been administering and operating such a program for the past three years; and WHEREAS, the City is empowered under Article 11, Sec. 5, Texas Constitu— tion, Article 1175 VATS, generally, and City Charter Article IX, Sec. 1, parti— cularly but without limitation, to contract for the promotion of the public welfare, 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 con— nection therewith the quality of health care and other aspects of public welfare being provided to the individuals utilizing the Coastal Bend Alcoholic Rehabili— tation Center, there being, this Council finds a genuine need therefore in the City at this time and that CBARC is a proper agency to serve as the City's independent contractor herewith for the purposes heretofore expressed herein: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERNS AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the City and CBARC. CBARC agrees: 1. To provide sufficient staff and administrative support to carry on an Alcoholic Detoxification Program, 2. To provide all labor and administrative support for the operation of the Program. ' 3. To manage and maintain safe and sanitary facilities and to assist in creating conditions which will promote the general welfare of the eligible indi— viduals. - 4. To utilize the facilities in accordance with HUD's Community Develop— ment Block Grant Regulations. 5. To not bill the City until its current facilities of 10 beds,are utilized to their fullest extent. 6. That the City will only be billed for income eligible individuals who utilize the expanded iervices provided by the Alcoholic Detoxification Center. 7. To bill the City for costs incurred associated with its expanded program at the rate of Seventeen Dollars ($17.00) a day per bed. 8. To have the responsibility for obtaining and maintaining certifica— tions and licensing of these facilities as required by the City of Corpus Christi, Texas Rehabilitation Commission, and the Texas Commission on Alcoholism. 9. That the professional services provided under this contract will be supervised by the Board of Directors of the CBARC. 10. That it will record financial transactions according to approved accounting procedures and provide an independent audit for such expenditures. 11. That it will provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. 12. That it will provide any pertinent information to this agreement as the Director of Housing and Community Development may from time to time request. 11 ,City agrees: 1. That the City will provide up to Forth Thousand Dollars ($40,000) of Housing and Urban Development Community Development Block Grant funds for services to be provided by CBARC to CDBG eligible individuals. 2. To pay CBARC Seventeen Dollars ($17.00) per bed up to six (6) beds per day. 111 The parties further agree that: 1. In the event that CBARC is unable to fund or obtain funding for the current level of service (10 beds) being provided at the Alcoholic Detoxification Center, this contract herein referred to is automatically cancelled. 2. In no event shall the City be liable for any contracts whatever made by CBARC with any person, firm, corporation, association, or governmental body, other than City itself. 1. In no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against the CBARC arising from its operation, use, or maintenance of facilities. 4. Either party may terminate this contract as of the last day of any month upon thirty (30) days prior to written notice to the other party. Notice shall be deemed given to commence as of the deposit date in U. 8, Certified Nail properly stamped for and addressed for delivery to City at City Hall, Corpus Christi, Texas, and to CBARC, 38 North Country Club Place, Corpus Christi, Texas 78407. 5. Nothing herein shall be construed as prohibiting CBARC 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 CBARC from receiving compensation therefore from such additional par- ties, provided that all other terms of this contract are fulfilled. IV CBARC and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1. CBARC agrees to conduct its activities in accordance with Federal Management Circular 74-4 and 74-7 and HUD's Applicability to Community Develop- ment Block Grants with reference to attachments B, C, N, and 0, thereof. 2. CBARC agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. 3. CBARC 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. CBARC 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 CBARC agrees as follows: a. The CBARC, will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The CBARC 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 forms of compensation; and selection for training, including apprentice- ship. The CBARC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the pro- visions of this nondiscrimination clause. b. The CBARC will, in all solicitations or advertisements for employees placed by or on behalf of the CBARC, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The CBARd 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 ad- vising the said labor union or worker's representatives of the CBARC's commit- ment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The CBARC 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 CBARC 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, regula- tions, and orders. f. In the event of the CBARC's non-compliance with the non-dis- crimination 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 CBARC may be declared ineligible for further Government con- tracts 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' CBARC will include the provisions of the sentence Lm— mediately preceding Aragraph (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 pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CBARC 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 CBARC may request the United States to enter into such litigation to protect the interest of the United States. 6. CBARC 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 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, CBARC 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 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 re— siding 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'"Sectioa 3 clause" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The CBARC 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 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 -appli— cation for this contract, shall be a condition of the Federal financial assis— tance provided to the project, binding upon the CBARC, its successors and assigns. Failure to fulfill these requirements shall subject the CBARC, 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, 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, subdivison, clause, phrase, word or provision hereof be given full force and effect for its purpose. This agreement shall become effective August 1, 1982 and shall terminate on July 31, 1983. Executed in DUPLICATE ORIGINALS, this the day of 1982. ATTEST: City Secretary APPROVED: By: CITY OF CORPUS CHRISTI Edward A. Martin, City Manager DAY OF 1982 COASTAL BEND ALCOHOLIC REHABILITATION CENTER, INC, City Attorney J Assistant City Manager By: CITY OF OORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 9, 1982 I certify to the City council that $ 40,000 , 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 rpus Christi to the credit of: Fund NO. and Name162 - Eighth Year Community Development Block Grant Project No. (152) 807.06-301 Project NameCoastal Bend Alcoholic Rehabilitation Center, Inc. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 17t0,000. Revised 7/31/69 2-9-gA -4 Corpus Christi, Texas day of , 1982 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; 1/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, MAYO Council Members /747, THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 171_81 CITY OF CORPUS CHRISTI DISCLOSURE OF.OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT)* seeking to do business with the City to provide the following information, Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME Coastal Bend Alcoholic Rehabilitation Center, Inc. APPLICANT ADDRESS 38 N. Country Club Place, Corpus Christi, Texas 78407 APPLICANT is 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other (X) Non -Profit Please answer the following questions on a separate attached sheet if necessary. SECTION 1 - CORPORATfON la. Names and addresses of all Officers and Directors of Corporation. See attached brochure lb. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) N/A SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of 3%. N/A - 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. N/A SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND/OR by a trust and give the trust number, institution, name and address of trustee or estate administrator, and name, address, and percentage of interest in total entity. N/A 3b. If any interest named In Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a). and 2(b). N/A 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) N/A 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. N/A • 4-1 I have not withheld disclosure of any interest known to me. Information provided is accurate and current. I will be responsible for submitting a revised form if any of the above information changes. Title: ATTEST: Date Signature of Person Preparing Statement ALL:4J Notary Public ROSALINDAS.CORTEZ Notary Public, Sttifer My Commission Expire COiSTU BEND ALCOHOLIC 11E1111:IMITATIO4 CENTER. INC. oard of Directors Mr. Thomas B.J. Ard Real Estate Appraiser 854-2222 Mr. R.N. Beck Koch Refinery 241-4811 Cmdr. O.B. Bell City Police Dept.. Community Relations 884-3811 ' Mr. Walter Beymer GI Surplus Store 853-7315 Mrs. Valerie Bullock Community Advisor 852-1760 Mr. Ben Cannon Administrator, First Methodist Church 884-0391 Mr. Ronald Davis Community Advisor 643.3979 Mr. George A. Finley, III C.C. Distributors, Inc. 289-0200 Mrs. Rosa Lozano Garza Community Advisor 884-0858 Mrs. Virginia Graham . Real Estate Broker 241-7611 Dr. Paul M. Gray Surgeon 882.8217 Mr. Peter B. Mahaffey, Jr. Corporate Loan Dept. CCNB 881-6797 Mr. Don Mosley • Lowell Mosley Insurance Co. 992.6740 Mr. William Renfrow, Sr. Renfrow Printing Co. 884.5541 Mr. John C. Rip Cormac Estates 884-6925 Mr. Joe A. Rivers Ayers Bowling Lanes 883.5481 Mr. Steve Soto, Sr. Community Advisor 883-4854 Mr. H.D. Stence Chief, Special Services, NAS 939.3497 "Mr. Sam Teasley Exxon, Retired 854-8313 Mr. A. Deniz Tor Attorney at Law 882-4378 Mr. Bill Wayne Pittsburgh Paint Co. 853.0181 Mr. N.J. Welsh, III Attorney at Law 883-1704 COASTAL BEND Mk. Thomas B.J. Ard 614 Williamson Place Corpus Christi, Texas 78411 854-2222 Mr. R.N. Beck 315 Rosebud Corpus Christi, Texas 78404 Off.: 241-4811 Res.: 882-9312 Commodore 0.B. Bell P.O. Box 9016 Corpus Christi, Texas 78408 Mr. Walter Beymer 2915 SPID Corpus Christi, Texas 78415 618 Bermuda Corpus Christi, Texas 78411 Off.: 853-7315 Res.: 854-5945 Mrs. Valerie Bullock 4210 Killarmet Drive Corpus Christi, Texas 78413 852-1760 Mr. Ben Cannon P.O. Box 1838 Corpus Christi, Texas 78403 1111 Ocean Drive Corpus Christi, Texas 78404 Off.: 884-1391 Res.: 884-0884 Mr. Ronald Davis 1029 South Cliff Portland, Texas 78374 643-3979 Mr. George A. Finley 111 P.O. Box 9153 Corpus Christi, Texas 78408 3360 Ocaen Drive Corpus Christi, Texas 78411 Off.: 289-0200 Res.': 854-7828 Mrs. Rosa Lozano Garza 537 Atlantic Corpus Christi. Texas 78404 884-0858 Mrs. Virginia Graham P.O. Box 10152 Corpus Christi, Texas 78410 Off.: 241-7611 Res.: 241-1443 lr HALFWAY HOUSES FOR ALCOHOLICS,', IN0.K BOARD OF DIRECTORS Dr: Paul M. Gray 2460 Morgan Corpus Christi, Texas 78404 Off.: 882-8217 Res.: 852-6583 Mr. Robett Johnson P.O. Box 1457 Corpus Christi, Texas 78403 883-47393 Mr. Peter Mahaffey, Jr. P.O. Box 301 Corpus Christi, Texas 78403 434 Williamson Place Corpus Christi, Texas 78411 Off.: 881-6797 Res.: 854-8073' Mr. Don Mosley 117 Airline Road Corpus Chrisyi, Texas 78412 992-6740 Mr. William Renfrow, Sr. P.O. Box 3519 Corpus Christi, Texas 78404 884-5541 Mr, John Rip 3120 Ocean Drive Corpus Christi, Texas 78404 884-6952 Mr. Joe A. Rivers 3211 Ayers Street Corpus Christi, Texas.78415 111 Driftwood Portland, Texas 78374 Off.: 883-5481 Res.: 643-2787 Mr. Phillip Schraub P.O. Box 3274 Corpus Christi, Texas 78407 883-4854 Mr. Sam Teasly P.Oe Box' 6348 Corpus Christi, Texas 78411 854-8313 Mk. Dennis Tor P.O. Box 276 Corpus Christi, Texas 78403 12858 Hearn Road Corpus Christi, Texas 78410 Off. :882-4378 Res. :241-2600 Mr. Bill Wayne 4221 Dody Cropus Christi, Texas 78411 853- 0181 Mr, N.J. Welsh 111 426 S. tancahua Corpus Christi, Texas 78401 883-1704 , Mr. H.D. Stenos Corpus Christi Naval Air Station Building 1738 Corpus Christi, Texas 78419 434 Troy Corpus Christi, Texas 78412 Off.: 939-3497 Res.: 991-2635 Mr. Steve Soto, Sr. 2909 Koepke Corpus Christi, Texas 78407 883-4854