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HomeMy WebLinkAbout17838 ORD - 09/21/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT TO RENEW THE AGREEMENT WITH THE BOYS CLUB FOR PARKING LOT CONSTRUCTION FOR THE PURPOSE OF ESTABLISHING START-UP AND COMPLETION DATES, AND SPECIFYING HOW AND UNDER WHAT CONDITIONS ADVANCES AND PROGRESS PAYMENTS WILL BE MADE FROM SEVENTH 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 is hereby authorized to execute an agreement to renew the agrement with the Boys Club for the parking lot construction for the purpose of establishing start-up and completion dates, and specifying how and under what conditions advances and progress payments will be made from Seventh Year Community Development Block Grant funds, all as more fully set forth in the agreement, a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. 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 to preserve and protect public property by expediting the construction of public improvements, 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 -4 , 1983. measure this the 0447 day of ATTEST: Cit f Secretary APPROVED:229 1 AY OF SEPTEMBER, 1983 J B� uce Aycock, City Attorney MAYO THE P TY OF CORPUS CHRISTI, TEXAS 17838 SEP 281994 MICROFILMED CONTRACT' THE STATE OF TEXAS Z COUNTY OF NUECES I THIS CONTRACT is entered into between the City of Corpus Christi, hereinafter called "City", and the Board of Directors of Boys Club of Corpus Christi, Incorporated, hereinafter called "Boys Club". The City of Corpus Christi is undertaking a Community Development Block Grant Program under the Housing and Community Development Act of 1974 in accordance with Federal Regulations (24CFR 570). Under such program, the City Council of the City of Corpus Christi has determined and the Department of Housing and Urban Development has approved the expansion of the Boys Club parking lot to be in furtherance of the execution of such Community Development Block Grant Program. The Boys Club of Corpus Christi, Texas is a non-profit corporation under the laws of the State of Texas and governed by the Texas Non -Profit Corporation Act. The Boys Club parking lot located on that 15 -acre tract of land out of Lot 13, Section G of the Paisley Subdivision of the Hoffman Tract as shown by map or plat of record in Volume A, Page 28, Map Records of Nueces County, described by metes and bounds in deed • from City of Corpus Christi to Boys Club, dated September 12, 1962 and recorded in Volume 974, Page 317 of the Deed Records of Nueces County, Texas is to be upgraded and expanded as part of the City's Community Development Block Grant Program. WHEREAS, the City and Boys Club have determined that the parking lot located at the Boys Club is in need of expansion and upgrading to meet current needs and safety and public health standards, and WHEREAS, the cost of upgrading and expanding the existing parking lot would be less than building a completely new parking facility; and WHEREAS, the City and Boys Club desire to provide the City of Corpus Christi with a parking lot facility for a minimum of expense, and WHEREAS, the City desires to exercise the option to cause the Boys Club to improve the Boys Club parking lot, and WHEREAS, the City and Boys Club wish to expedite the expansion of the parking lot: I Boys Club agrees: 1. To provide sufficient staff and administrative support to supervise the project and that the professional services provided will be supervised by the Board of Directors of the Boys Club. 2. To construct improvements on the Boys Club parking lot in accordance with plans and specifications approved by the City's Housing and Community Develop- ment Department, The construction will be contracted for by the Boys Club, 3. To be responsible for the execution of this work in accordance with the true intent of the approved drawings and specifications which is to effect a complete first-class job, 4. That the plans and specifications are complementary. Whatever is shown or reasonably inferrable from either shall be as if required by both. 5. Tf drawings and specifications conflict or require clarifications which were not obtained prior to bidding, the City of Corpus Christi's interpre- tation of the true intent shall govern, 6, To not deviate from approved,plans and specifications except upon written order from the City of Corpus Christi. 7. That in case of conflict between applicable laws or regulations of Federal, state, county, and municipal government, the more stringent requirements will apply, 8, To provide a schedule of costs of the various divisions of work immediately after award of contract and upon approval shall form the basis for progress payments. 9. To start construction within 60 days after this contract is executed and •complete such construction within 180 days, 10, That it shall, at all times, keep the facilities in good and safe condition and repair and in the occupancy, maintenance and operation thereof • shall comply with all laws, ordinances, codes and regulations applicable thereto. The Boys Club shall not permit, commit or suffer waste or impairment of the land described above or of the facilities, or any part thereof. 11. That it shall submit to the City and/or the Secretary of Housing and Urban Development such data, reports, records and documents relating to the operation of the facilities as the City and/or HUD may require in order to permit the City and/or HUD to determine whether the operation of such facilities is in accordance with this agreement and the rules and regulations of HUD. 12, That it shall obtain adequate insurance to protect the facilities from all manner of damage and destruction, The Boys Club shall further obtain liability insurance, in which the City is a named insured, protecting against injury or death to persons using, visiting at, or connected with the facilities, and against damage to their property in an amount of at least $100,000 for personal injuries to an individual arising out of a single accident or occurrence, $300,000 for personal injuries to more than one person arising out of a single accident or occurrence, and $50,000 for damage to property arising out of single accident or occurrence. The Boys Club further agrees to fully indemnify the City for all damages or liability of any kind, whatsoever, which may be incurred by the City arising out of the operation and use of the facilities, or as a result of this contract. 13. To indemnify and forever save the City harmless from claims for any damages, injuries, or losses whatsoever arising from its operation, use or maintenance of facilities under this contract, 14. To provide all funds needed to complete the parking lot in excess of those funds to be provided by the City of Corpus Christi under II below. 15. That all costs will be cost certified with original receipts in accordance with Section II of this contract. II City agrees: 1. To provide the Boys Club a maximum of $40,000 for the construc- tion described in the approved plans and specifications. All payments will be cost certified with original receipts and will be adjusted according to the actual construction cost but in no event shall it exceed the above stated amount. 2. To provide an initial advance of $8,000 with the understanding that additional progress payments will not be made until the Boys Club has furnished receipts totalling at least 90% of the advance. In addition to the initial advance, a maximum of five progress payments will be allowed in accordance with Sec. I No. 8 above. III The parties further agree that: 1, City and Boys Club shall make a final inspection of improvements to determine compliance with approved plans and specifications. Should the con- • traction not be carried out in conformance with the plans and specifications or subsequent change orders, items not in conformance shall be replaced by the contractor to conform with the approved plans and specifications at the con- tractor's expense. 2. The City and the Boys Club presently have an agreement in force relating to the construction of the Boys Club as a neighborhood facility under Section 703 US Public Law 89-117. Nothing in this agreement shall be construed or interpreted as subrogating such prior agreement in whole or in part. 3. No officer, employee or member of the Governing Body of the Boys Club or City of Corpus Christi, nor other public official of the locality in which the project will be carried out, and no employee, officer or director of any participating nonprofit organization, who exercises any function or respon- sibilities in the review or approval of the undertaking or carrying out of the project, shall have any financial interest, direct or indirect, in this contract, or in any contract or undertaking in connection with the use and operation of the facilities, 4, In no event shall the City be liable for any contracts whatever made by the Boys Club with any person, firm, corporation, association or governmental body, other than City itself. 5. 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, prior to initiation of construction. 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, P, 0. Box 9277, Corpus Christi, Texas, 78408, and to Boys Club, 3902 Greenwood, Corpus Christi, Texas 78416, (See Sec. IV, 5(f) also) 6, Nothing herein shall be construed as prohibiting Boys Club 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 the Boys Club from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled. 7, In no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against Boys Club arising from the construction of the parking lot, its operation, use, or maintenance, IV Boys Club and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1, Boys Club 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. Boys Club agrees to comply with paragraphs 570,506 Federal Register with reference to Program Income. 3, Boys Club agrees to comply with all applicable Equal Opportunity • Regulations and specifically, Executive Order 11246 (Davis -Bacon), 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. Boys Club agrees to comply with any other rule or regulation pro- mulgated 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 Boys Club agrees as follows: a. The Boys Club will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Boys Club 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, The Boys Club agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided .setting forth the provisions of this nondiscimination clause, b, The Boys Club will, in all solicitations or advertisements for employees placed by or on behalf of the Boys Club, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, c, The Boys Club 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 workers' representatives of the Boys Club's commitment under this section, and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. d, The Boys Club 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 Boys Club will furnish all information and reports re- quired 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 Boys Club's non-compliance with the non- discrimination 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 Boys Club 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 Boys Club 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 Boys Club 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 Boys Club may request the United States to enter into such litigation to protect the interest of the United States. 6, Boys Club 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 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 contact, Boys Club 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, 1963), 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 efforts, 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 Boys Club 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 regula- tions 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 Boys Club, its successors and assigns, Failure to fulfill these requirements shall subject the Boys Club, 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 judgement 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, 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 1983 BOYS CLUB OF CORPUS CHRISTI, INCORPORATED By; City Attorney President Assistant City Manager for Richard S. Contreras, Executive Director Urban Development Corpus Christi, Te as 2/a) day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ..Goe.44.-, 1983 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, Council Members MAYOR THE CITY 1" CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones �L Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik