HomeMy WebLinkAbout17801 ORD - 08/24/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COASTAL
BEND ALCOHOLIC REHABILITATION CENTER, INC. FOR $40,000
BEGINNING AUGUST 1, 1983, THROUGH JULY 31, 1984;
APPROPRIATING $40,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a
contract with the Coastal Bend Alcoholic Rehabilitation Center, Inc. for
$40,000 beginning August 1, 1983, through July 31, 1984, a copy of which
contract is attached hereto and made a part hereof marked Exhibit "A".
SECTION 2. That there is hereby appropriated $40,000 from Fund No.
162-152-807.07-301, Ninth 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 need to
take immediate action so that the services provided by the Coastal Bend
Alcoholic Rehabilitation, Inc. can be continued, 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
readi as an emergency measure this the o:64 day of
, 1983.
ATTEST:
Cit Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
2 la
APPROVED;pK3 DAY OF AUGUST, 1983
17801
SEP 2 8198A
OBLMED
CONTRACT
THE STATE OF TEXAS I
COUNTY OF NUECES X
WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires
to support the goals and objectives of the Coastal Bend Alcoholic Rehabilitation
Center, Inc. in Corpus Christi; and
WHEREAS, the City is desirous of providing safe and sanitary facilities
for its citizens in need of the services provided by the Coastal Bend Alcoholic
Rehabilitation, Inc.; and
WHEREAS, the Coastal Bend Alcoholic Rehabilitation Center, Inc., a non-
profit corporation organized under the laws of the State of'Texas (hereinafter
called CBARC), is able and desirous of providing services to individuals who seek
assistance from the problems created by the abuse of alcohol and of returning the
individuals to a healthy, able, productive life; and
WHEREAS, CBARC has been administering and operating such a program (for
the past four years); and
WHEREAS, the City is empowered under Article 11, Sec. 5, Texas Constitu-
tion, Article 1175 VATS, generally, and City Charter Article IX, Sec. 1, parti-
cularly but without limitation, to contract for the promotion of the public welfare,
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 connection
therewith the quality of health care and other aspects of public welfare being pro-
vided to the individuals utilizing the Coastal Bend Alcoholic Rehabilitation
Center, there being, this Council finds a genuine need therefore in the City at
this time and that CBARC is a proper agency to serve as the Cityls 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
CBARC.
I
CBARC agrees:
1. To provide sufficient staff and administrative support to carry on
an Alcoholic Detoxification Program.
2. To provide all labor and administrative support for the operation
of the Program.
3. To manage and.maintain safe and sanitary facilities and to assist in
creating conditions which will promote the general welfare of the eligible indi-
viduals.
4. To utilize the facilities in accordance with HUD's Community Develop-
ment Block Grant Regulations.
5. That the monies made available through this contract will be utilized
to supplement or expand the current services provided by CBARC.
6. That the City will only be billed for income eligible individuals
who utilize the services provided by the Alcoholic Detoxification Center.
7. To.bill the City for the cost of six beds at the rate of Seventeen
Dollars ($17.00) a day per bed.
8. To have the responsibility for obtaining and maintaining certifica-
tions and licensing of these facilities as required by the City of Corpus Christi,
Texas Rehabilitation Commission, and the Texas Commission on Alcoholism.
9. That the professional services provided under this contract will be
supervised by the Board of Directors of the CBARC.
10. That it will record financial transactions according to approved
accounting procedures and provide an independent audit for such expenditures.
11. That it will provide access to its records during regular business
hours for the purposes of City and/or HUD conducted audits or monitoring.
12. That it will provide any pertinent information to this agreement
as the Director of Housing and Community Development may from time to time request.
13. That it will notify the City of Corpus Christi (within ten days)
when the current scope, funding, staffing or services being provided by the
Texas Commission on Alcoholism changes from its current level.
II
City agrees:
1. That the City will provide up to Forty Thousand Dollars ($40,000) of
Housing and Urban Development Community Development Block Grant funds for services
to be provided by CBARC to CDBG eligible individuals.
2. To pay CBARC Seventeen Dollars ($17.00) per bed up to six (6) beds
per day.
III
The parties further agree that:
1. In no event shall the City be liable for any contracts whatever
made by CBARC with any person, firm, corporation, association, or governmental
body, other than City itself.
2. In no event shall the City be liable for any damages', injuries, or
losses charged to or adjudged against the CBARC arising from its operation, use,
or maintenance of facilities.
3. Either party may terminate this contract as of the last day of any
month upon thirty (30) days prior to 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 CBARC, 39 North Country Club Place, Corpus Christi,
Texas 78407.
4. Nothing herein shall be construed as prohibiting CBARC 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 CBARC from receiving compensation therefore from such additional par-
ties, provided that all other terms of this contract are fulfilled.
IV
CBARC and the City agree that all funds expended under this contract
shall be solely for the activities outlined under this contract and further;
1. CBARC agrees to conduct its activities in accordance with Federal
Management Circular 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. CBARC agrees to comply with paragraphs 570,506 Federal Register
with reference to Program Income.
3. CBARC 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. CBARC 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 CBARC agrees as follows:
a. The CBARC will not discriminate against any employee or appli-
cant for employment because of race, color, religion, sex, or national origin.
The CBARC 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; recruit-
ment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
CBARC agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this non-
discrimination clause.
b. The CBARC will, in all solicitations or advertisements for
employees placed by or on behalf of the CBARC, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, or national origin.
c. The CBARC 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 workers' representatives of the CBARC's commitment under
this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
d. The CBARC 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 CBARC 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, regulations
and orders.
f. In the event of the CBARC'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, terminated, or suspended in whole or
in part and the CBARC 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 CBARC will include the provisions of the sentence imme-
diately 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 CBARC 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 CBARC may request the United Stated to enter into such litigation to protect
the interest of the United States.
6. CBARC agrees that pursuant to Section 130.20(a) of the regulations,
the following assurance of compliance entitled "Training, Employment, and Con-
tracting 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, CBARC
shall carry out the provision of said Section 3 and the regulations issued pur-
suant 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
within or owned in substantial part by persons residing in the area of the pro-
ject; the making of a good faith effort, as defined by the regulations, to provide
training, employment, and business opportunities required by Section 3; and in-
corporation 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
CBARC 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 appli-
cation for this contract, shall be a condition of the Federal financial assis-
tance provided to the project, binding upon the .CBARC, its succesdors and assigns.
Failure to fulfill these requirements shall subject the CBARC, 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 August 1, 1983 and shall terminate
on July 31, 1984.
Executed in DUPLICATE ORIGINALS, this the day of 1983.
ATTEST:
CITY OF CORPUS CHRISTI
By:
City Secretary Edward A. Martin, City Manager
APPROVhD:
DAY OF 1983 COASTAL BEND ALCOHOLIC
REHABILITATION CENTER, INC.
By:
City Attorney
Assistant City Manager
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 24 1983
I certify to the City Council that $ 40,000 , 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 Grants Fund
Project No.
162.152-807-07.301
Project Name Coastal Bend Alcoholic Rehabilitation Center, Inc.
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
August 24 , 19 83
FIN 2-55
Revised 7/31/69
LA $ly 113
tic, coo. oo
Corpusghristi, Tex
.24 day of 1,42.4/ , 1983
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,
Council Members
Respectfully,
MAYOR
The above ordinance was passe
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley /
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky /
THE CITY OF CORPUS CHRISTI, TEXAS
the following vote: