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
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Aycock, / ty 'ttorney
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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