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HomeMy WebLinkAbout17547 ORD - 03/30/1983AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE PURPOSE OF LEASING SIX PORTABLE BUILDINGS FOR THE HEADSTART PROGRAM. 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 lease agreement with the Nueces County Community Action Agency for the purpose of leasing six portable buildings to be used in the Agency's Headstart Program for a period extending from April 1, 1983, through September 30, 1984, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. 1754'7 MICROFILMED SEpZti1984 CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires to support the goals and objectives of the Head Start Program in Corpus Christi; and WHEREAS, the City is desirous of providing safe and sanitary facilities for the children participating in the Head Start Program; and WHEREAS, the Nueces County Community Action Agency, a non-profit corpora- tion organized under the laws of the State of Texas (hereinafter called "NCCAA"), is desirous of continuing to provide the Head Start Program to low and lower income families within the City; and WHEREAS, NCCAA has been administrating and operating such a program for the past sixteen years; and WHEREAS, the City is empowered under Article 11, Sec. 5, Texas Consti- tution, Article 1175 VATS, generally, and City Charter Article IX, Sec. 1, parti- cularly but without limitation, to contract for the promotion of the public wel- fare, 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 children utilizing the Headstart Program, there being, this Council finds a genuine need therefore in the City at this time and that NCCAA 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, TERMS AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the City and NCCAA. I NCCAA agrees: 1. To provide sufficient staff and administrative support to carry on a Head Start Program and to serve only children of low to lower income families. 2. To provide assistance to a minimum of 240 children from Community Development Block Grant eligible areas per one-year period. All labor and admin- istrative support for the operation of the program to be provided by NCCAA. 3. To manage and maintain safe and sanitary facilities and to assist in creating conditions which will promote the general welfare of the eligible children. 4. To utilize the facilities primarily for pre-school purposes and in accordance with HUD's Community Development Block Grant Regulations. Ed),.A 5. That it will be responsible for the acquisition of sites, land rent costs, and other improvements as required by City Code and the texas Department of Human Resources associated with the location of facilities and agrees to pay the City of Corpus Christi $1 a year for the leasing of such facilities, 6. To maintain and operate the portable buildings in a manner which meets all requirements established by the Texas Department of Human Resources and all local City Codes and Ordinances. 7. To have the responsibility for obtaining and maintaining certifications and licensing of these facilities as required by the Texas Department of Human Resources. 8. That the professional services provided under this contract will be supervised by the Board of Directors of the Nueces County Community Action Agency. 9. That it will record financial transactions according to approved ac- counting procedures and provide an independent audit for such expenditures. 10. That it will provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. 11. That it will provide any pertinent information to this agreement as the Director of Housing and Community Development may from time to time request. 12, To have in force liability insurance coverage in the minimum amounts of One Hundred Thousand Dollars ($100,000) for each injured person; Three Hundred Thousand ($300,000) for personal injury arising out of each accident and Twenty Five Thousand ($25,000) for property damage arising out of each accident. 13, To furnish all maintenance to the buildings and sites as necessary to maintain the buildings and grounds in good repair. 14. That in the event the Headstart Program is discontinued, NCCAA will locate the portable buildings to a site specified by the City at NCCAA cost. IZ City agrees; 1. That the City will provide up to Two Hundred Twenty Five Thousand Dollars ($225,000) of Housing and Urban Development Community Development Block Grant funds for the purchase of six portable buildings, including plumbing, elec- trical work, foundation, land leveling, and related service drives and sidewalks. 2. That the City will place these portable buildings on the sites to be chosen, acquired and prepared by NCCAA. III The parties further agree that: 1. In the event that NCCAA is unable to fund or obtain funding for the Headstart Program, the lease herein referred to is automatically cancelled. 2. In no event shall the City be liable for any contracts whatever made by NCCAA with any person, firm, corporation, association, or governmental body, other than City itself. 3. In no event shall the City be liable for any damages, injpries, or losses charged to or adjudged against the NCCAA 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 written notice to the other party. 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 at City Hall, Corpus Christi, Texas, and to NCCAA, 3105 Leopard, Suite One, Corpus Christi, Texas 78408. 5. Nothing herein shall be construed as prohibiting NCCAA 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 NCCAA from receiving compensation therefor from such additional par- ties, provided that all other terms of this contract are fulfilled. IV NCCAA and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1. NCCAA agrees to conduct its activities in accordance with FMC 74-4 and 74-7, OMB Circular No. A-102, and HUD's Applicability to Community Develop- ment Block Grants with reference to attachments B, C, N, and 0, thereof. 2. NCCAA agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. 3. NCCAA 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. NCCAA 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 NCCAA agrees as follows: a. The NCCAA will not discriminate against any employee or appli- cant for employment because of race; color, religion, sex, or national origin. The NCCAA 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 NCCAA 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 NCCAA will, in all solicitations or advertisements for employees placed by or on behalf of the NCCAA, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The NCCAA 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 NCCAA'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 NCCAA 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 NCCAA 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 NCCAA'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, terminate, or suspended in whole or in part and the NCCAA 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 NCCAA 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 NCCAA 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 NCCAA may request the United States to enter into such litigation to protect the interest of the United States. 6. NCCAA 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 ex- tent 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, NCCAA 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 "Section 3 clause" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The NCCAA certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these rquirements. 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- tante provided to the project, binding upon the NCCAA, its successors and assigns. Failure to fulfill these requirements shall subject the NCCAA, 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. V 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, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. This agreement shall become effective April 1, 1983 and shall terminate on September 30, 1984. Executed in DUPLICATE ORIGINALS, this the day of 1983. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: DAY OF 1982 NUECES COUNTY COMMUNITY ACTION AGENCY By: City Attorney Preston Smith, President CI� Assistant Roberto Aguilar, Executive Director Urban Development That the foregoing ordinance was read for the first time and passed to its second reading on this the //� day of ry) . j 01 , 19 g3 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for he sec nd time and p ed to its third reading on this the day of� , 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the- fore og ordinan on this theday of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ATTEST: a�s reepd for the td time and passed finally GfiG[!t_ , 19 X.5 , by the following vote: day of ,19P. A�LDYOF- ,193: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17517