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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: