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HomeMy WebLinkAbout17738 ORD - 07/27/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORPUS CHRISTI/NUECES COUNTY CLEAN COMMUNITY SYSTEM, INC. FOR FUNDING ASSISTANCE NOT TO EXCEED $19,500; APPROPRIATING $19,500 FROM NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute an agreement with Corpus Christi/Nueces County Clean Community System, Inc. for funding assistance not to exceed $19,500 from August 1, 1983 through July 31, 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. SECTION 2. That there is hereby appropriated $19,500 from the Ninth Year Community Development Block Grant funds for this agreement. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the public necessity for a litter abatement program, 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 P.] ay of July, 1983. ATTEST: "flei6 i y ecretary ..0_�‘2 MAYOR THE C Y OF CORPUS CHRISTI, TEXAS APPROVED:o) OAY OF JULY, 1983 Br/14.„,_1 Aycock, / ty 'ttorney 17':'38StP moi SEP 2 81984 MICROFILMED THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: Whereas, the City of Corpus Christi, hereinafter referred to as "City", desires to support the goals and objectives of the Corpus Christi/Nueces County Clean Community System, Inc.; and Whereas, the purpose of the Clean Community System (CCS) is to institute a comprehensive and systematic approach regarding the disposal of litter and trash and to promote and encourage cooperation among businesses, government, civic groups, news media and the general public to create a cleaner City; and Whereas, it is the desire of the City to cooperate with Nueces County and others for the creation of a non-profit agency to administer a Clean Community System program in the City; and Whereas, the City is further desirous of contributing to the financial requirements of the operation of such a program in the City by providing funds to the agency in conjunction with funds contributed by Nueces County and private sources; and Whereas Corpus Christi/Nueces County Clean Community System, Inc., hereinafter referred to as "CCS, Inc.", is anon -profit corporation organized under the laws of the State of Texas, and is able and desirous of administering such a litter abatement program; Now, therefore, for and in consideration of the exchange of mutual covenants and conditions contained herein, City and CCS, Inc. agree as follows: City agrees to provide funds in an amount not to exceed $19,500 through July 31, 1984, and such sum will be designated as payment of salary for the executive director of CCS, Inc. through July 31, 1984. II. CCS, Inc. agrees that the City shall be allowed to have one representative of its choosing on the Board of Directors of CCS, Inc. III. CCS, Inc. and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1. CCS, Inc. 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 Development Block Grants with reference to attachments B, C, N, and 0, thereof. 2. CCS, Inc. agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. 3. CCS, Inc. 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. CCS, Inc. 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, CCS, Inc. agrees as follows: a. CCS, Inc. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CCS, Inc. 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. CCS, Inc. 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. b. CCS, Inc. will, in all solicitation or advertisements for employees placed by or on behalf of CCS, Inc. state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. CCS, Inc. 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 advising the said labor union or worker's representatives of the Association commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. CCS, Inc. will comply with all provisions of 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 its 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. e. In the event of CCS, Inc.'s non-compliance with the non-discrimination clauses of this contract may be cancelled, terminated, or suspended in whole or in part and CCS, Inc. may be declared ineligible for further Government contracts 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. f. CCS, Inc. will include the provisions of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (f) 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. CCS, Inc. 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, CCS, Inc. may request the United States to enter into such litigation to protect the interest of the United States. 6. CCS, Inc. 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. 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 contract, CCS, Inc. 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 20, 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 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 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. CCS, Inc. 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 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 application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the CCS, Inc., its successors and assigns. Failure to fulfill these requirements shall subject CCS, Inc. 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. IV. 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. Witness our hands this day of , 1983. ATTEST: CORPUS CHRISTI/NUECES COUNTY CLEAN COMMUNITY SYSTEM, INC. Secretary Bill Coston, Chairman ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest Briones, Deputy City Manager APPROVED: DAY OF , 1983: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 27, 1983 I certify to the City Council that $ 19,500 , 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 Project No. 152/807.07/502 Project Name Clean Community System. Inc. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 7-2e , 198 FIN 2-55 Revised 7/31/69 ich SW•0O LLL s7/a-243 Corpus Christi, Te r.-11ay of 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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; I/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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: 17738