HomeMy WebLinkAbout17327 ORD - 10/27/1982AN ORDINANCE
AUTHORIZING A CONTRACT WITH THE BOYS CLUB OF CORPUS
CHRISTI, INC. FOR THE EXPANSION OF THE BOYS CLUB PARKING
LOT; 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 aUthorized to execute a
contract with the Boys Club of Corpus Christi, Inc., for the expansion of the
Boys Club parking lot, 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 out of the
Seventh Year Community Development Block Grant Fund No. 162-152-807.05 Code
No. 502.
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 preserve and protect public property by expediting
the construction of public improvements, such finding 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
measure this the 447 day of October, 1982.
ATTEST:
'City Secretary MAYOR
APPROVED: -7 DAY OF OCTOBER, 1982
7Zier J. Bruce Ay ity Attorney
THE CITY OF CORPUS CHRISTI, TEXAS
17327
MICROFILMED
SEP 28 14
CONTRACT
THE STATE OF TEXAS I
COUNTY OF NUECES I
THIS CONTRACT is entered into between the City of Corpus Christi,
hereinafter called "City", and Jack E. Hunter, President of the Board, and the
Board of Directors of Boys Club of Corpus Christi, Incorporated, hereinafter
called "Boys Club".
The City of Corpus Christi is undertaking a Community Development Block
Grant Program under the Housing and Community Development Act of 1974 in accordance
with Federal Regulations (24CFR 570). Under such program, the City Council of the
City of Corpus Christi has determined and the Department of Housing and Urban
Development has approved the expansion of the Boys Club parking lot to be in
furtherance of the execution of such Community Development Block Grant Program.
The Boys Club of Corpus Christi, Texas is a non-profit corporation under the laws
of the State of Texas and governed by the Texas Non -Profit Corporation Act.
The Boys Club parking lot located on that 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, described
by metes and bounds in deed from 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 is to be upgraded and expanded as part of the City's Community
Development Block Grant Program.
WHEREAS, the City and Boys Club have determined that the parking lot
located at the Boys Club is in need of expansion and upgrading to meet current
needs and safety and public health standards, and
WHEREAS, the cost of upgrading and expanding the existing parking lot
would be less than building a completely new parking facility; and
WHEREAS, the City and Boys Club desire to provide the City of Corpus
Christi with a parking lot facility for a minimum of expense, and
WHEREAS, the City desires to exercise the option to cause the Boys
Club to improve the Boys Club parking lot, and
WHEREAS, the City and Boys Club wish to expedite the expansion of the
parking lot:
Boys Club agrees;
1. To provide sufficient staff and administrative support to supervise
the project and that the professional services provided will be supervised by the
Board of Directors of the Boys Club.
2. To construct improvements on the Boys Club parking lot in accordance
with plans and specifications approved by the City's Housing and Community Develop-
ment Department. The construction will be contracted for by the Boys Club,
3. To be responsible for the execution of this work in accordance with
the true intent of the approved drawings and specifications which is to effect a
complete first-class job,
4. That the plans and specifications are complementary. Whatever is
shown or reasonably inferrable from either shall be as if required by both.
5. If drawings and specifications conflict or require clarifications
which were not obtained prior to bidding, the City of Corpus Christi's interpre-
tation of the true intent shall govern,
6, To not deviate from approved plans and specifications except upon
written order from the City of Corpus Christi,
7. That in case of conflict between applicable laws or regulations of
Federal, state, county, and municipal government, the more stringent requirements
will apply,
8, To provide a schedule of costs of the various divisions of work
immediately after award of contract and upon approval shall form the basis for
progress payments.
9. To start construction within 90 days after this contract is executed
and complete such construction within 180 days.
10, That it 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.
The Boys Club shall not permit, commit or suffer waste or impairment of the land
described above or of the facilities, or any part thereof.
11, That it shall submit to the City and/or the Secretary of Housing and
Urban Development such data, reports, records and documents relating to the
operation of the facilities as the City and/or HUD may require in order to permit
the City and/or HUD to determine'whether the operation of such facilities is in
accordance with this agreement and the rules and regulations of HUD,
12, That it shall obtain adequate insurance to protect the facilities
from all manner of damage and destruction, The Boys Club shall further obtain
liability insurance, in which the City is a named 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 $100,000 for
personal injuries to an individual arising out of a single accident or occurrence,
$300,000 for personal injuries to more than one person arising out of a single
accident or occurrence, and $50,000 for damage to property arising out of single
accident or occurrence. The Boys Club further agrees to fully indemnify the City
for all damages or liability of any kind, whatsoever, which may be incurred by
the City arising out of the operation and use of the facilities, or as a result
of this contract.
13. To indemnify and forever save the City harmless from claims for any
damages, injuries, or losses whatsoever arising from its operation, use or
maintenance of facilities under this contract,
14. To provide all funds needed to complete the parking lot in excess of
those funds to be provided by the City of Corpus Christi under II below.
City agrees:
1. To reimburse the Boys Club a maximum of $40,000 for the construc-
tion described in the approved plans and specifications. All payments will be
cost certified and will be adjusted according to the actual construction cost
but in no event shall it exceed the above stated amount,
2. To provide a maximum of three (3) progress payments. Progress
payments shall not exceed 80% of the value of the work satisfactorily completed
in accordance with Sec. 1 No, 8 above, Final payment to the contractor will be
paid after work is approved by the Boys Club and City.
111
The parties further agree that;
1, City and Boys Club shall make a final inspection of improvements to
determine compliance with approved plans and specifications. Should the con- .
!'
traction not be carried out in conformance with the plans and specifications or
subsequent change orders, items not in conformance shall be replaced by the
contractor to conform with the approved plans and specifications at the.con-
tractor's expense.
2, The City and the Boys Club presently have an agreement in force
relating to the construction of,the Boys Club as a neighborhood facility under
Section 703 US Public Law 89-117. Nothing in this agreement shall be construed
or interpreted as subrogating such prior agreement in whole or in part.
3, No officer, employee or member of the Governing Body of the Boys
Club or City of Corpus Christi, nor other public official of the locality in
which the project will be carried out, and no employee, officer or director of
any participating nonprofit organization, who exercises any function or respon-
sibilities in the review or approval of the undertaking or carrying out of the
project, shall have any financial interest, direct or indirect, in this contract,
or in any contract or undertaking in connection with the use and operation of
the facilities,
4. In no event shall the City be liable for any contracts whatever
made by the Boys Club with any person, firm, corporation, association or
governmental body, other than City itself.
5. 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, prior
to initiation of construction. 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, P. 0, Box 9277, Corpus Christi, Texas, 78408, and to Boys
Club, 3902 Greenwood, Corpus Christi, Texas 78416. (See Sec. IV, 5(f) also)
6, Nothing herein shall be construed as prohibiting Boys Club 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 the Boys Club from receiving compensation therefor
from such additional parties, provided that all other terms of this contract
are fulfilled.
7. In no event shall the City be ]table for any damages, injuries,
or losses charged to or adjudged against Boys Club arising from the construction
of the parking lot, its operation, use, or maintenance,
IV .
Boys Club and the City agree that all funds expended under this contract
shall be solely for the activities outlined under this contract and further;
1, Boys Club agrees to conduct its activities in accordance with
FMC 74-4 and 74-7, ONB Circular No. A-102, and HDD"S Applicability to Community
Development Block Grants with reference to attachments B, C, N. and 0, thereof.
2. Boys Club agrees to comply with paragraphs 570,506 Federal Register
with reference to Program Income.
3. Boys Club agrees to comply with all applicable Equal Opportunity
Regulations and specifically, Executive Order 11246 (Davis -Bacon), 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. Boys Club agrees to comply with any other rule or regulation pro-
mulgated 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 Boys Club agrees as
follows:
a. The Boys Club will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Boys Club 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 apprenticeship, The Boys Club agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscimination clause.
b, The Boys Club will, in all solicitations or advertisements
for employees placed by or on behalf of the Boys Club, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
c, The Boys Club 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 workers' representatives of the Boys Club's
commitment under this section, and shall post copies of the notice in con-
spicuous places available to employees and applicants for employment.
d, The Boys Club 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 Boys Club will furnish all information and reports re-
quired 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 Boys Club'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 Boys Club 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 Boys Club will include the provisions of the sentence im-
mediately 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 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 Boys Club will take such action with respect
to any subcontract or purchase order as the Department nay 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 Boys Club may request the United States to enter into
such litigation to protect the interest of the United States.
6, Boys Club 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 contact, Boys
Club 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, 1963), 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 efforts, 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 Boys Club 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 provided to the project, binding upon the Boys Club, its successors
and assigns, Failure to fulfill these requirements shall subject the Boys
Club, 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 judgement 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,
Executed in DUPLICATE ORIGINALS, this the day of
1982.
ATTEST:
City Secretary
APPROVED:
DAY OF
CITY OF CORPUS CHRISTI
By:
Edward A. Martin, City Manager
1982 BOYS CLUB OF
CORPUS CHRISTI, INCORPORATED
By:
City Attorney President
Assistant City Manager for Richard S. Contreras, Executive Director
Urban Development
CITY OF CORPUS CHRISTI
DISCLOSURE OF OWNERSH/P 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 Boys Club of Corous Christi-Tncoroorated
APPLICANT ADDRESS 390"Gi;eenwoOa: Corms *Texas 78416
APPLICANT is 1.:Corporation (.)J 2. Partnership ( Sole Owner.i )- •
4. Association ( ) 5: Other (x) Non -Profit
Please answer.thefollowing.questions-on-a,separatc attarhed sheet if
necessary.
-SECTION 1- CORPORATION
la. Names and addresses of all Officers and Directois of Corporation.
7z -See attached-lise. "
lb. Names and addresses of all shareholders of the Corporatiorrowning shares
equal to or in excess of 37. 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
r
2b. ,Assodiations: The name and address *of all officers, directors, and
other members wlth 31 or greater interest.
N/A
S's
SECTION 3 — ALL APPL/CANTS — ADDITIONAL DISCLOSURE
32. 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
;
=1=
3b. If any interest named in Section_l_ or 2 is being held by a "holding"
-- corporation or other "holding" entity not an individual, statethe
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
_
-3,
_ -•
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 term 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
I have not withheld disclosure of any interest known to me. Information
provided is accurate and current. / will be responsible for submitting
a revised form if any of the above information changes.
October 19, 1982
Date
Title: Executiye Director
ATTEST:
/(2.11/:0 ./
. —
gnature of Person •reparing Statement
Richard Contreras
A4t41.1...,27
Notary Public
ROSAINDA S. CORTEZ
Nc:ary Punc, o7T,51133, ,
?Iv • •
...OYS CLUB OF CORPUS CHRISTI
BOARD OF DIRECTORS
1982
BOTT, PATRICIA (ONE)
4930 PRINSTON 78412
RES: 992-8864 BUS: 854-0217
BRIDGES, RONALD (THREE)
5901 WEBER RD. APT. 44515 78413
RES: 853-8380
GARC/A, ARNOLDO (ONE)
P.O. BOX 5588 78405
RES: 883-3384 BUS: 888-8181
GONZALES, BETO (ONE)
3237 GOLLIHAR 78415
RES: 854-5806
GONZALES, ROSA (TWO)
3246 GREENWOOD DRIVE 78405
RES: 884-2119
GUERRA, ABUNDIO (THREE)
4106 WEBER 78409
RES: 992-1311 BUS: 853-0143
HUNTER, JACK (ONE)
3802 CARAVELLE PENT 4450 78415
RES: 854-6099 BUS: 888-0410
HUERTA, ALBERTO R. (TWO)
3301 AYERS 78415
RES: 991-1949 BUS: 882-2977
MENDEZ, JOSE NOE (THREE)
2517 AGNES 78405
RES: 882-4920 BUS: 884-3182
BARBARA S. DAVIS (THREE)
4402 FLEETWOOD LN. 78410
RES: 241-6515
EXECUTIVE COMMITTEE
JACK HUNTER
PATRICIA BOTT
CARLOS MORENO-
LINDA SPEARS
OSCAR O'KEEFE
ROSA GONZALES
PRESIDENT
1st V.P.
2nd V.P.
3rd V.P.
SECRETARY
PAST PRESIDENT
MONTOYA; JOSE A. (TWO)
3700 BALDW/N 78405 '
RES: 855-0726 BUS: 884-0991
MORENO, CAELOS R. (TWO)
206 DOLPHIN PLACE 78411
RES: 853-3097 BUS: 883-7731
MORENO, I.C. I (ONE)
509 HOPPER 78411.
RES: 855-2586 BUS: 883-0592
WKEEFE,OSCAR MD (THREE)
3840 S,P.T.D. 78415
RES: 991,3064 BUS: 854-4626
REYNA, OSCAR H. (ONE)
4325 HONDURAS 78412
RES: 853-5957 BUS: 882-7491
SAWYER, ESTELLE (TWO)
9309 SUNSHINE 78409
RES: 241-3847 BUS: 883-2565
SPEARS, LINDA (ONE)
P.O. BOX 5280
BUS: 881-4000 (PERSONNEL DEPT.)
STEPHENS, ROY N. (TWO)
9301 NORTH STAR IN. 78410
RES: 241-7760 BUS: 241-6401
RICHARD S. CONTRERAS
EXECUTIVE DIRECTOR
11917 NIL01108SE VALTPY 78410
RES: 241-6391 BUS: 853-2505
ALFREDO LONGORIA, JR. (THREE)
L&M METAL FABRICATORS INC.
P.O. BOX 9393 78408
BUS: 289-1383
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 25, 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 Corpus Christi to the
credit of:
Fund NO. and Name 162 - Federal/State Grant Fund
Project No. 152.807.05 Code 502
Project Name 7th Year Community Development Block Grant
Boy's Club parking lot
from which it is proposed to be drawn, and such money is not app opriated for any
other purpose.
/0 - Z 7 , 19r,
14/4/0126.1152
Oe
1/12„D"'' FIN 2-55
/Yr- Revised 7/31/69
ickA h
• .4
Corpus Christi, Texas
27 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
>1982
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,
Council Members
MAYOR
THE CITY 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
127327