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