HomeMy WebLinkAbout18568 ORD - 11/29/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE BOY'S CLUB
OF CORPUS CHRISTI, INC. FOR VARIOUS IMPROVEMENTS TO THE
BOY'S CLUB FACILITY; APPROPRIATING $8,000; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS•
SECTION 1. That the City Manager is hereby authorized to execute a
contract with the Boy's Club of Corpus Christi, Inc. for 954,000 for various
improvements to the Boy's Club facility, all as re fully set forth to the
contract, a substantial copy of which is attached hereto and made a part hereof
marked Exhibit "A".
SECTION 2. That there is hereby appropriated $8,000 from the 10th
Year Local Option and Contingencies to supplement $46,000 previously
appropriated during the adoption of the 10th Year Community Development Block
Grant Program.
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 to preserve and protect public property by expediting the
construction of public improvements, such finding of an emergency iss de and
declared requiring suspension of the Charter rule as to consideration andvoting
upon ordinances or resolutions at three regular meetings so that this ordinance
is passed and shall take effect upon forst reading as an emergency measure this
the 29th day of November, 1984.
ATTEST.
ecretary"
APPROV D
7 DAY OF NOVEMBER, 1984
J. R E AYCOCK, CITY ATTORNEY
Sy
Assi st.� y
18568
THE C I OF CORPUS CHRISTI, TEXAS
CONTRACT
THE STATE OF TERAS I
COUNTY OF NUECES I
THIS CONTRACT is entered into between the City of Corpus Ehrieti, a mun-
icipal corporation and body politic organized and existing under the lave of
the State of Texas, hereinafter called "C007", and the Boys Club of Corpus
Gras , incorporated, hereinafter called 4Boys Club% each acting by and
through its duly authorized representative.
WHEREAS, the City of Corpus Christi is undertaking a Community Develop-
ment Block Grant Program under the Housing and Community Development Act of
1974 in accordance with Federal Regulations (24 CFR 570) Under such program,
the City Council of the City of Corpus Christi determined that improvements to
the Boys Club is furtherance of the execution of such Comity 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, and
WHEREAS, The Boys Club, located on that 15 -acre tract of land out of Lot
13, Section C of the Paisley Subdivision of the Hoffman Tract as shown by map
r plat of record in Volume A Page 28, Map Records of Nueces County, described
by metes and bounds in deed from City of Corpus 4470.01 Boys Club, dated
September 12, 1962, and recorded in Volume 974, Page 317 of the Deed of Records
of Nuecea County, Texas, is to be repaired as part of the y Community
Development Block GrantProgram: and
WHEREAS. the City and Boys Club have determined that the Roy. Club facil-
ities are in need of improvements to meet current needs and safety and public
health standards: and
WHEREAS, the coat of improving the existing facility would be less than
building a completely new facility, and
WHEREAS, the City and Bays Club desired to provide the City of Corpus
E%H A'
Christi with an improved facility for a minimum of expense, and
WHEREAS, the City desires to exercise the option to cause the Boys Club
to improve their facility; and
Wag.EAB, the City and Boys Club wish to sap its the improvement of their
facility.
therefore, far and in consideration of the exchange of covenants and
conditions herein contained to be kept and perforond by the patties hereto it
Is agreed as follows:
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 Cl..
2. To construct improvements un the Bays Club facility in accordance with
plane end specifications approved by the y Housing and Commsmity velep-
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 -close job.
4. That the plans and specifications are complementary. Whatever Is shown
or removably inferrable from either shall bean required by both.
5. If drawings and specifications conflict or require clarifications which
were not obtained prior to bidding, the City of Corpus Christi's interpretation
of the true intent shall govern.
b. To not deviate from approved plane and specifications except upon written
order from the City of Corpus Christi.
7. That in case of conflict between app cable 1000 or regulations 02 fed-
eral, state, county, and municipal government, the more stringent requirements
well apply.
8 To provide a schedule of costs of the various divisions of work immedi-
ately after award of contract and upon approval shall form the basis for progress
payments.
9 To start construction with. 90 days after th. contract is executed
and complete such construction with. 210 days.
10 That it shall, at all t.es, keep the facilities . good and safe con-
dit.n and repair and . the occupancy, maintenance and operat.n thereof shall
comply with all laws, ordinances, codes and regulat.ns applicable thereto The
Boys Club shall not permit, commit or suffer waste or impairment of the land des-
cribed above or of the facilities, or any part thereof.
11. That it shall submit to the City and/or the Secretary of Housing and
Orban Development such data, reports, records and documents relating to the
operation of the facilities as the City and/or IND may require order to permit
the City and/or BOB to determine whether the operation of such facilities . .
accordance with th. agreement and the rules and regulations of MD.
12. That it ehall obta. adequate .surance to protect the facilities from
all manner of damage and destruction The Bays Club shall further obtain com-
prehensive general liability insurance, . which the City is a named .sured,
protect.g 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 $500,000 for personal injuries to an individual arising out of a single
accident or occurrence, $1,000,000 for personal injuries to more than one person
arising out of a Single accident or occurence, and 550,000 ft t dosage to property
arising out of a s.gle accident or occurrence. The Boys Club further agrees to
provide to the City a certificate or endorsement of such insurance naming the
City as an additional insured. The Bays Club will maintain in a full force at all
time dur.g the term of this contract a Worker's Compeneat.n .surance policy
in compliance with state insurance requirements with limits of coverage as deter-
mined by statute.
13. To indemnify and forever save the City harmless from claims for any
damages, injuries, losses, or liability whatsoever arising from the construction,
operation, use or maintenance of facilities under this contract.
14. To provide all fends needed to complete the improvement 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 accor-
dance with Section II of this contract.
City agrees
1. To provide the Boys Club a maximum of $54,000 for the construction des -
oribed in the approved plans end specificatione% All payments will be cost cer-
tified with original receipts and will be adjusted according to the actual cons-
truction cost but in no event shall it emceed the above atated amount
2. To provide an initial advance of $8,000 with the understanding that ad-
ditional progress payments will not be made until the Boys Club has furnished re-
ceipts totalling at least 902 of the advance. In addition to the initial advance,
a maxim of five progress payments will be allowed in accordance with Section /,
No. . above.
The parties further agree that:
1. The City and the Boys Club shall make a final inspection of improvements to
determine compliance with approved plans and specifications. Should the construc-
tion not be carried out in conformance with the plans and specifications or sub-
sequent change orders, items not in conformance shall be replaced by the contractor
to conform with the approved plans and specifications at the contractor'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 7030 S.
Public Law 89-117. Nothing in this agreemant shall be construed or interpreted
as subordinating such prior agreement in ,ffiole or in part.
3. Ne 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 pro-
ject will be carried out, 008 00 employee, officer or director 07 007 participating
nonprofit organization, who exercises any function or responsibilities in the re-
view or approval of the undertaking or carrying out of the project, shall have any
financial interest, direct or indirect, . th. contract, or in any contract or un-
dertaking in connection with the use and operation of the facilities.
4. Inn° event shall t. City be liable for any contracts whatever made by
the Boys club with any person, firm, corporation, association, or governmental body,
other than those contracts entered into by the City itself.
5. Either party may terminate this contract as of the last day of any month
0000thirty (30) days prior written notice to the other party, Prior to initintion
of construction Notice shall be deemed given to commence as of the deposit date
in U. S. Certified Mail properly stamped for an addressed for delivery to CI,
P. 0 Box 9277, Corpus Christi, Texas, 78469, and to Boys Club, 3902 Greenwood,
Corpus Christi, Texas, 78416. (See Section IV. 5(8) a)so)
6. Nothing herein shall be construed as prohibiting the Bove Club from enter-
ing into contracts with additional parties for the performance of services similar
or identical to those enumerated herein, and nothing herein shall be conetrued ea
prohibiting the Boys Club from receiving compensation therefore from such additional
parties, provided that ell 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 the Boys Club arising from the construction of the
facility, its operation, use, or maintenance.
IV
The Hoye Club and the City agree that all funds expended under this contract shall
bsolely for the activities outlined under this contract and further;
1 The Boys Club agrees to conduct its activities . accordance with OMB
Circulars No. A-102, A-87, 2-122, and HOD's applicability to Community Development
Block Grants with reference to attachments B. C. N. and 0, [hereof.
2. The .ys Club agrees co comply with paragraphs 570.506 Federal Register with
reference to Program Income
3. The Boys Club agrees to comply with all applicable Equal .portunity Regula-
tions and specifically, Executive Order 11246 (Davis -.con), as amended, and Sec-
tion 3 of 61,0Housing Act of 1965, as amended, bath of which are on file and avail-
able from the office of the Director of Housing and Community Development.
4. The Boys Club agrees to comply with any other rele or regulation promul-
gated by HUD during the life of this contract, Which is directly related to and
covering Coanity Developat Block Grant funded activities when so informed
writieg by the city manager or his -representative
5. During the performance of 3h2800130100. the Boys Club agrees as follows
a The Boys Club will not diacr.inate against any employee or applicant
for employment because of race, color, religion, sex, as nat.nal origin. The
Boys Club will take affirmative action to ensure that applicants are employed, and
that employees are treated dur.g employment, without regard to the. race, color,
religion, sex, or national origin. Such action shall .clude, but not be 1.ited
to the following; employment, upgrad.g, demotion, 00 00001710; recruitment or
recruitment advertising, layoff or termination; rates of P.,' .r other forms of e0m-
pen8a6100, and selection 700 60200203, including apprenticeship. The Boys Club
agrees to post in conspicuous places, available to employees and applicants for
employmeet, eotices to be provided sett.g forth the provisions of this nondiscrim-
ination clause.
b. The Boys 01. will, in 011 8013016176000 or advertisements for employees
placed by or an behalf of the Boys Club, state that all qualified applicants will
receive consideration for employment withOut regard 22 2252, color, religion,
sex, or national orig..
c. The Boys Club will send to each Labor Union or representative of
workers with which it has 212112614,e bargaining agreement or contract or under-
standing, a notice to be provided by the Contract Compl.nce Officer adv... rto
said Labor Union or worker's representatives of the rtys Club's commitment under
this section, and shall p121 257125 of the notice 2, 172912 places available
to employees and applic.. for emPlo,eor
d. The Boys Club will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rtles, regulations, and rmlevant orders of the
Secretor), of Labor.
e. The Boys Club will forn.h all .formadion and reports required by
.ecutive Order 11246 of September 24, 1965, and by roles, regulations, and orders
of rte 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 9, 881821812 compliance with such 55191, regulations,
and orders.
f. . the event of the Boys Club's non-compliance wirt the non-discrimina-
tion clauses of this contract or with any of rte said rules, regulations, or
orders, this contract may be cancelled, term.ated, or suspended in wrtle or in
part and the Boys Club may be declared ineligible for further 0,222252 2651262
in accordance with procedures authorized by Executive Order 11246 of September 24,
1965, or by rule, regulation, 97order of the Seetary of Labor, 99 88 otherwise
provided by law
g. 209 9272 Club will include 162 72256,6912 of the sentence Immediately pro-
ceeding paragraph (a) and the provisions of partgraphs (a) through (g) 2,9 every
rtbcontract or purchase order unless exempted by rules, regulations, or orders of
the secretary of Labor issued pursuant to Section 204 of .ecutive Order 11246 of
September 24, 1965, so that stmt. provisions will be binding upon each sub-
contract or purchase order as the Department may direct as a means of en-
forcing 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 Deparment, the By Club may request the United States to enter into
such litigation to protect the interest of the United States.
6. The Boys Club agrees that pursuant to Section I30.20(a) of the regula-
tions, the following b$ f compliance entitled "Training, Employment,
and Contracting Opportunities for Businesses and lowur 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. II0Iu. Section 3 requires that to the greatest extent feasible, oppor-
tunities for training and employment be given lower income residents of the pro-
ject area and contracts for work in connection with the project be awarded to
business concerns which are located in or awned in substantial part by persons
residing in the area of the project.
b Notwithstanding any other provision of this contract, the Boys Club
shall carry out the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary set forth in 24 CPR Part 135 (published in
313 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 affirmatrye action plan for utilising business concerns
located within ot owned in substantial part by persons residing in the area of the
project, the making of a good faith efforts, as defined by the regulations, 22
provide training, employment, and business opportunities recurred by Section 3;
and incorporation of the "Section 3 clause" specified by Section 135 20(6) 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 provialons of Section 3, the regulations set forth
33 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, sball be a condition of the Federal financial assistance provided to
the project, binding upon the Boys Club, its SUCC8SSOrS and assigns Failure to
fulfill these requirements shall subject the Boys Club, its contractors and sub -
COntraetors, its successors, a. assigns to the aanctions specified by this contract,
and to such sanctions as are specified by 24 CFA Section 135.135.
,F For so, reason an, seotion, paragrapb, subdivision, clause. phrase.
word or provrsion of this contract shall be held invalid or unconstitutional by
final judgement of a court 85 3721833 jurisdiction. it shall not affect any
otber section, paragraph, subdivision, clause. Phrase. word or Provioion of tbis
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 affect for its purpose.
Executed in DUPLICATE ORIGINALS, this date day of 1984.
ATTEST:
By:
City Secretary Edward A. Martin. City Manager
APPROVE)
1984 BOYS CLUB OF
CORPUS CHRISTI, INCORPORATE)
By
City Attorney - President
Assistant City Manager for Richard S. Contreras, Executive Director
Urban Development
CITY OF CORPUS CHRISTI, TEXAS
CFISIFICOF FIRES
20011
(City Charter Artrcle N Section 21)
November 28, 1984
I certify to the City Councal that $ 54,000 , the moult =snored for
the contract, 00300520107, obllgafaon or exile d0tures ...plated an the above
and Soren/0.1g oldthance as an the Treasury of the caty of mlpue Chtasto to the
c118at of
Fund No. and {dam 162 - Federal/State
Project No. 162/152/807 08/502
Project Ike Bav, s Club of Corona rhrl
frac, wturla 1t as prolosed to be drawn, and mat moy IS not app prvated for any
other pur(z'50.
SH,oao 00
clo
odd X79400/
FIN 2-55
Revised T/31/69
'il elr 195`)
Corpus
, Christi, Trxaas
...21,14.—May of 198'
TO THE MEMBERS OF THE CITY COUIICIL
Corpus Christi, Texas
For the reasonsset forth in the emergency clause of the foregoing ordinance
or resolution,emergency exists requiring suspension of the Charter rule
s to consideration and voting upon ordinances or esolutions 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,
ers
MAYOR
THE CI r OF CORPUS CHRISTI, TEXAS
The above ordinance was passed 1, the fallowing vote
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brawn
Leo Guerrero
Dr Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik