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