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HomeMy WebLinkAbout17371 ORD - 11/24/1982AN ORDINANCE AUTHORIZING A CONTRACT WITH THE WOMEN'S SHELTER FOR THE RENOVATION OF A HOUSE AND CONVERSION OF A GARAGE TO SERVE AS A SECOND SHELTER FACILITY; APPROPRIATING $60,000 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 is hereby authorized to execute a contract with the Women's Shelter of the Corpus Christi Area, Inc. for the renovation of a house and conversion of a garage to serve as a second shelter facility, 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 $60,000 for the contract from the Seventh Year Community Development Block Grant. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the immediate need for efficient and effective administration of City affairs by entering into a contract for a second women's shelter, 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 ATTEST: y of November, 1982. C y Secretary Z ` MAYOR THE CIOF CORPUS CHRISTI, TEXAS APPROVED:a 3 A4AY OF NOVEMBER, 1982 J.Bruce /Vycock, Citjy Attorney 17371 SEP 281904 IiICROFILMEQ AGREEMENT BETWEEN THE CITY OF•CORPUS CHRISTI, TEXAS AND THE WOMEN'S SHELTER OF THE CORPUS CHRISTI AREA, INC. RELATING TO UNDERTAKING THE REHABILITATION OF THE WOMEN'S SHELTER BUILDING THIS CONTRACT is entered into between the City of Corpus Christi, hereinafter called "City", and Rosemary Fry, President of the Board, and the Board of Directors of the Women's Shelter of the Corpus Christi Area, Incorporated, hereinafter called "Women's Shelter". The City is undertaking a Community Development Block Grant Program under the Community Development Act of 1974 in accordance with Federal regulations (24 CFR 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 certain rehabilitation activities of a building owned by the Women's Shelter to be in furtherance of the execution of the Community Development Block Grant Program. The Women's Shelter is a non-profit corporation under the laws of the State of Texas and is governed by the Texas Non -Profit Corporations Act. I. The parties herein agree: a. The building is located on that tract of land having the legal description as Lot 3, Block 1, Doddridge Tract Subdivision, and is to have certain rehabilitation activities undertaken as part of the City's Community Development Block Grant Program. b. The Women's Shelter agrees to perform such rehabilitation under all applicable Federal regulations. The Plans and Specifications for such rehabilitation will be approved by both the City and the Board of Directors of the Women's Shelter prior to implementation and shall be in conformity with both local codes as well as HUD regulations. c. The Women's Shelter agrees to operate a facility for the temporary housing of battered spouses located on that tract of land designated under a. above. d. For a period of 5 years from and after the time that rehabilitation has been completed and approved by the City as well as the Board of Directors of the Women's Shelter, such facility shall not, without specific written approval of the City, be converted to uses other than those specifically set out in this agreement in accordance with paragraph c. above. The Women's Shelter shall not voluntarily create, cause or allow to be created any debts, liens, mortgages, charges or other encumbrances against the facility in excess of an amount equal to 85% of the appraised value of the facility which in any way impair or otherwise adversely affect the preservation of such facility for the use set out in this agreement without the specific written approval of the City, The Women's Shelter shall, from time to time, duly pay and discharge or'cause to be paid or discharged, when same becomes due, all taxes, assessment, and other government charges which are lawfully imposed upon the facility and which, if unpaid, may by law, become a lien or encumbrance upon such facility and thereby impair or otherwise adversely affect the holding of such facility for the use set out in this Agreement. • e. The Women's Shelter shall at all times keep the facility 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 Women's Shelter shall not permit, commit or suffer waste or impairment of the land described in paragraph a. above or of the facility or any part thereof. f. The Women's Shelter 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 facility as the City and/or HUD may require in order to permit the City and/or HUD to determine whether the operation of such facility is in accordance with this Agreement and the rules and regulations of HUD. gxh, "9' S. The Women's Shelter shall obtain adequate insurance to protect the facilities from all manner of damage and destruction. The Women's Shelter 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 occurence, $300,000 for personal injuries to more than one person arising out of a single accident or occurrence, and $10,000 for damage to property arising out of a single accident or occurrence. The Women's Shelter 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 negligence in the operation or use of the facilities by employees, volunteers and clients of the Shelter. h. No officer, employee or member of the Governing Body of the Women's Shelter or City, nor other public official of the locality in which the project will be carried out, and no employee, officer or director of any participating non-profit organization, who exercises any function or responsibilities 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 carrying out the project or in connection with the use and operation of the facilities. i. In the event that the Women's Shelter ceases to operate -the facility or a comparable facility within the City of Corpus Christi of which it is the owner during the 10 -year period of this Agreement, those funds pro- vided under this Agreement shall be reimbursed to the City's Community Development Block Grant Program, The total funds to be provided by the City through its Community Development Block Grant Program to the Women's Shelter shall not exceed $60,000 and shall be on a reimbursement basis'supported by detailed invoices or other documentation, Nothing in this contract shall be construed as requiring the City to provide additional rehabilitation funds or operational funds for the Women's Shelter -at any"time initthe future. k. With the exception of the provision of paragraph i. above, the term of this contract shall be a period of five years from the date of its execution, and all obligations of any party hereunder, with the exception of those enumerated in paragraph i. above, shall cease five years from the date hereof. II. The Women's Shelter herein agrees to comply with the following items: That all funds expended under this contract..shall be solely for the acti- vities outlined under this contract and further; a. To conduct its activities in accordance with FMC 74-4 and 74-7,,OMB Circular No. A-102, and HUD's Applicability to Community Development Block Grants with reference to attachments B, C, N, and 0, thereof. b:. To comply with paragraphs 570.506 Federal Register with reference to Program income, c. To comply with all applicable Equal Opportunity Regulations and speci- ically, Executive.0rder 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. d. 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. e. During the performance of this contract, the Women's Shelter agrees as follows: (1) To not discriminate against any employee or applicant for employ- ment because of race, color, religion, sex, or national origin. The Women's Shelter 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 Women's Shelter 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. (2) The Women's Shelter will, in all solicitations or advertisements for employees placed by or on behalf of the Women's Shelter, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Women's Shelter will send to each labor union or representa- tive of workers with which it has a collective bargaining agree- ment or contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Women's Shelter commitment under this section, and shall post copies of the notice in con- spicuous places available to employees and applicants for employ- ment. (4) The Women's Shelter will comply with all provisions of Executive Otder 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. • (5) The WaUen's Shelter 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, regulations, and orders. (6) Tn the event of the Women's Shelter 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 Women's Shelter may be declared ineligible for further Government non-.- tracts on-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. (7) The Women's Shelter will include the provisions of the sentence immediately preceding paragraph (1) and the provisions of para- graphs (1) through (7) 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 Women's Shelter 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: Pro- vided, 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 Women's Shelter may request the United States to enter into such litigation to protect the interest of the United States. 1 f. Women's Shelter 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, (1) The project assisted under this contract is subject to the requirements of Section 3 of the Housing and Urban Develop- ment 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. (2) Notwithstanding any other provision of this contract, Women's Shelter 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 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 incor- poration 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 Women's Shelter certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. (3) 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 Govern- Inent of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the Women's Shelter, its successors and assigns. Failure to fulfill these requirements shall subject the Women's Shelter, 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. III. 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 pro- vision 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. 1982. ATTEST: Executed in DUPLICATE ORIGINALS, this the day of CITY OF CORPUS CHRISTI By: City Secretary Edward A.'Martin, City 2fanager APPROVED: DAY OF 1982 WOPSEWS SHELr OF THE CORPUS CHRISTI AREA, INC. By; City Attorney Rosemary Fry, President Assistant City Manager for Sue W. Dyke, Executive Director Urban Development CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 18, 1982 I certify to the City Council that $60,000 , 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 Project No. 152/807.05/502 - 7th Year Capital Outlay - CDBG Project Name Women's Shelter Rehab from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 146x. /'f , 19 •�?f � pn2273 •k, CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS AI.; NOV1982 7.'4. SL• RECEIVED o C UFB#1 ommou v City of Corpus Christi Ordinance 17112 requires all person s(APPLIC.4\T) 1, seeking to do business with the City to provide the following ''`'f rpatio{(ry Every question must be answered. If the question is not applica. ��,3ns er with "NA". APPLICANT NAME Women's Shelter of the Corpus Christi Area, Inc. APPLICANT ADDRESS 430 S. Tancahua, Corpus Christi,' Texas APPLICANT is 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other (X) Non -Profit Please answer the following questions on a separate attac•[ied :sheet if necessary. SECTION 1 - CORPORATION la. Names and addresses of all Officers and Directors of Corporation. See attached list ib. 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, diiiecto,ts, 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 Ln Section 1 or 2 is being held by a "holding" corporation or other "ho]dtng" 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' Pk. 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. Date Title: Exe u E Director Signature of Person Prepar-ng Statement Sue W, Dyke ATTEST: /%ji 'j�✓%jG71 Notary Public Eva irev.ro :Wornen's Shelter of the Corpus Christi Area. Inc. • • P.O. BOX 3385 CORPUSCHRISTI,TEXA578404-038a 1512) 881-8888 Board Members 1982 BOARD OF DIRECTORS Board of Directors DoneIda D. Sluyter, C.P.A., President Marjorie Stulh, M.S.W , Vice -President Dli;key Ethridge. Secretary Shirley Selo, Att , Treasurer Carol L Bailey, Alt. Ernestine Blbbs Dorothy Buckley Roberta O. Crawford J. Morris Davis Teri B. Dismukes, M S.5 W. Rose Mary Fry Stephanie Kodack Gars, M D. Ticia Hanlsch Jose A. Montoya Carla E. de Pena Ellen Pitts Alva Grace Russell Ullane Trodler Tom Williamson Past Preeldenis Catherine Chambers Joy Yates Margaret Knodell Coleen Swantner Stall Sue Wise Dyke Executive Director Rose Mary Fry P.O. Box 4666 78408 0 884-3051 Tom Williamson P.O. Box 4995 78408 0 883-4369 Teri Dismukes 3917 Stirman 78411 H 854-1080 O 888-5301 ri Colleen Walter 3166 Reid Dr. Suite 9 78404 0 853-6690 Janet Adkins 1501 Guaranty Plaza '78475 Dickey Ethridge . P 0 Box 6749 Jose Montoya Sr. 3700 Baldwin Shirley Selz P.O. Box 371 Ernestine Hibbs 454 Poenisch Carla de Pena 913 Delaine Roberta Crawford 345 Bartlett Dr. 78411 78405 78403 78412 78411 78408 Vicki Rothschild 433 Peerman 78411 Dorothy Buckley 302 Palmetto 78412 Ticia Hanisch 331 Del Mar 78404 Jan Davis 1)- i.. 3829 Bentwood Lane 78415 Stephanie Kodack Garza M.D. 1335 B Santa Fe 78404 Helen Hawn 134 Lakeshore Dr. • 78413 Elizabeth S. Gyger 7434 Whisperwind Dr. 78412 Walter D. McCoy dr•r,chr,or 78413 • O 883-0818 H 888-6107' :.2855-0673 O 884-0991 O 883-6311 O 855-0416 O 884-1961 H 882-3755 H 991-2879 O 851-8811 • H 991-6095 - H 882-5191 H 854-7077 H 991-5287 H 883-3790 H 853-6635 O 888-0500 0'. 887-6173 H 855-6586 H 852-8625 H 992-8726 O 884-3555 H 854-7832 • 0 991-6810 Corpus Christi, .2f day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of th an emergency exists requiring suspension of the Charter upon ordinances or resolutions at three regular meetings suspend said Charter rule and pass this ordinance or res introduced, or at the present meeting of the City Counci Respectfully, Council Members exas 1982 e foregoing ordinance or resolution, rule as to consideration and voting ; I/we, therefore, request that you oliition finally on the date it i$' 1. Respectfully, AIR4 40111! MAY017/ THE Air CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. Turner 1 Jack K. Dumphy Of Bob Gulleyfr, Herbert L. Hawkins, Jr. OOP/ Dr. Charles W. Kennedy 401"/ Cliff Zarsky 17371