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