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HomeMy WebLinkAbout18690 ORD - 02/12/198501.20 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE LEASING OF SIX PORTABLE BUILDINGS, 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 lease 'agreement with the Nueces County Community Action Agency for the 1080105 of six portable buildings, all asm e full set forth In the lease agreement, a substantial copy of which isattached hereto and made a part hereof, marked Exhibit SECTION 2. That upon written request of the Mayor or five Counc11 members. copy attached, to find and declare anemergency due to the need to acute the abovementioned lease agreement at the earlrest practicable date, such finding of an emergency Is made and declared requiring suspension of the Charter rule as to consideration and vetsng 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 the 12th day of February, 1985. ATTEST ung APPROVED. (2iDAY OF FEBRUARY, 1985 J. BRUCE AVC�DLLK, CITY ATTORNEY YOR THE C 18690 OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL BY THESE PRESENTS. WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires to support the goals and objectives of the Head Start Program in Carpus Christi; and WHEREAS, the City is desirous of providing safe and sanitary facilities for the children participating in the Head Start Program; and WHEREAS, the Nueces County Community Action Agency, a non-profit corporation organized under the laws of the State of Texas (hereinafter called "NCCAA"), is desirous of continuing to provide the Head Start Program to law and lower income families within the City; and WHEREAS, NCCAA has been administering and operating such a program for the past sixteen years; and WHEREAS, the City desires to promote the health, safety, and welfare of the children participating in the Head Start Program, and there being a genuine need for the program and far appropriate facilities to house it in the City at this time; and WHEREAS, NCCAA is a- proper agency to serve as the City's independent contractor for these purposes. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS, AND AGREEMENTS EXPRESSED HEREIN, The City and NCCAA agree as follows: NCCAA agrees: (1) To provide sufficient staff and administrative support to carry on a Head Start Program to serve only children Of low to lower income families, as those teens are defined by the Department of Housing and Urban Development (HUD). Community Develop provide vBlockassistance li lble aminimum for a ch4o children from iod. y Amen e g one-year per 011 labor and administrative support for the operation of the program shall be provided by NCCAA. (3) To manage and maintain safe and sanitary facilities and to assist in creating conditions which will promote the general welfare of the children participating in the program (4) To utilize the leased facilities no less than 90% of the time for pre-school purposes and in accordance with HUD's Community Development Block Grant regulations. (5) To maintain and operate the leased facilities in a manner which meets all requirements established by the Texas Department of Human Resources and all local City Codes and Ordinances. (6) To obtain and maintain certifications and licensing of these facilities and the programs offered therein as required by the Texas Department of Human Resources. (7) That the services provided under this contract will be supervised by the Board of Directors of NCCAA. (8) To record financial transactions according to approved accounting procedures and provide for an annual independent audit for such expenditures. (9) To provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. (10) To provide any information pertinent to this agreement as the Director of Housing and Urban Development for the City may from time to time request. (1I) To have in force throughout the terms of this contract comprehensive general liability insurance coverage with a personal Wary endorsement 1n the minimum amount of 5300,000 far each inlured person; $500,000 for personal injury arising out of each accident and $50,000 far property damages arising out of each accident. Said insurance policy shall the City of Carpus Christi asn additional insured. A certificate to that effect will be provided to the City to be attached to this contract. (12) To have in force throughout the terns of this contract fire and extended c erage insurance in an amount sufficient to cover the replacement cost of the buildings. Said insurance policy shall name the City of Corpus Christi as the sole insured. A certificate to that effect will be provided to the City to be attached to this contract. (13) The insurance policies mentioned In paragraphs 11 and 12 above shall provide that the City's Director of Housing and Community Development shall be given thirty (30) days advance written notice by the insurer prior to the cancellation of such insurance policies. Failure to maintain such insurance will be cause for immediate termination of this contract. (14) To furnish all maintenance to the buildings and sites as necessary to maintain the buildings and grounds in good repair. (15) In the event the Head Start Program is discontinued, this lease agreement will terminate and NCCAA will relocate the portable buildings to a site specified by the City at NCCAA cost. (16) In the event NCCAA is unable to fund or obtain funding ror the Head Start Program, the lease shall be automatically terminated. (17) In no event shall the City be liable for any contracts whatever made by NCCAA with any person, firm, corporation, association, or governmental body (18) NCCAA agrees to indemnify and forever save harmless the City, its officers, agents, and employees, for any a d all lawsuits, claims, damages, liabilities, losses, and expenses (including court casts, attorneys fees, and expert witness fees) for or on account of any injury to any person, or death at any time resulting from such injury, or damage to any property, which may arise or which may be alleged to have arisen out of or in connection with any activity by NCCAA, its agents, employees, or independent contractors pursuant to this lease. (19) Lessee shall not assign, mortgage, pledge, or transfer this lease without written consent of the City. (20) any month upon Either thi thirty party(30) days'priorwritten this lease notices t £ the last the other party. Notice shall deemed to have been given as of the deposit date to U.S. Certified Mail properly stamped and addressed for delivery to the City Manager of the City of Corpus Christi, or to NCCAA, 3105 Leopard, Suite 1, Corpus Christi, Texas 78408. (21) Nothing herein shall be construed as prohibiting NCCAA 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 NCCAA from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled. (22) NCCAA agrees that all funds expended under this contract shall be solely for the activities outlined under this contract. (23) ((CCM agrees to comply with paragraphs 570.506 Federal Register with reference to Program Income. (24) NCCAA 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 an file and available from the office of the Director of Housing and Community Development. (25) NCCAA agreesto plywith any other rule or regulation o promulgated by HUD during the life f this contract, which is directly related to and covering Community Development Black Grant funded activities when so Informed in writing by the City Manager ar his representative. (26) During the performance of this contract, the NCCAA agrees as follows (a) The NCCAA will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The NCCAA will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their recalor, religion, s 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 NCCAA agrees to post in conspicuous places, available to employees and applicants foremploy- ment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The NCCAA will, in all solicitations or advertisements for employees placed by or on behalf of the NCCAA, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The NCCAA w111 send to each labor union or representa- tive 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 representa- tives of the NCCAA's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants far employment. (d) The 110644 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 NCCAA 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 0,11 pent 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 NCCAA', non-compliance with the nondiscrimination clauses of this contract or with any of the said roles, regulations, or orders, this contract may be cancelled, terminated, o suspended in whole or in part and the 06CAA may bdeclared 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. immediately preceding g paraThe g aphi l(a)innd includethe hprovisions nsot of the sentence paragraphs s (a)e 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 orvendor The NCCAA will take such action with respect to any subcontract or purchase order a the department may direct as a me 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 NCCAA may request the United States to enter into such litigation to protect the interest of the United States. (27) NCCAA agrees that pursuant to Section 130.20(a) of the regulations, the fallowing 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 Dousing and Urban Development Act of 1965, as amended, 12 U.S.C. 17010. Section 3 requires that to the greatest extent feasible, opportunities far 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 cc s which are located in or owned in substantial part by persons residingin the area of the project. (b) Notwithstanding any other provision of this contract, NCCAA 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, 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 orowned in substantial part by persons residing in the area of the project; the making of a goad faith effort, as defined by the regulations, to provide training, employment, and business opportunities required by Section 3; and incorpo- ration of the "Section 3 ciente" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The NCCAA certifies and agrees that it is under no contractual or other disabi- lity which would prevent it from complying with these requirements. (0) Compliance with the provisions of Section 3, the regulations set forth 1n 24 CFR Part 135, and all applicablem les and orders of the Secretary issued thereunder prior to approvalby the Government of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the NCCAA, its successors and assigns. Failure to fulfill these requirements shall subject the NCCAA, its contractors and subcontractors, its succes- sors, and assigns to the sanctions specified by this contract, and to such sanctions as are specified by 24 CFR Section 135.135. I1. The City agrees (1) To lease the following portable buildings to be maintained at the sites designated hereunder to NCCAA for use by the Head Start Program far the sum of $1.00 per year: (a) Tta Arme a)table buildings to be located at 3750 South Part (b) Four ((C4liff taMaus)) porble buildings to be located at 1402 West Po,ot Road (2) The period of this lease shall be for eleven (11) months. The contract may be renewed by mutual agreement of the parties. III If for any reason any section, paragraph, subdivision, clause, phrase, ward, 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, ofes phrase, the parties hereto provision that everyssection,paragraph, ,s the definite intent stheidifiont clateet phrase, word or provision hereof be given full force and effect for its purpose The laws of the State of Texas shall apply to any dispute arising hereunder. The effective date of this contract shall be October 1, 1984. and shall terminate an August 31, 1985, unless the option to renew has been exercised. This lease agreement may not be renewed past August 31, 1987. 1985. ATTEST. Executed in duplicate originals. this _ day of - CITY OF CORPUS CHRISTI City Secretary 8y Edward A Martin, City Manager APPROVED DAY of ,1985 NUECES COUNTY COMMUNITY ACTION AGENCY BY, Y Attorney Preston Smith, President Assistant City Manager for Urban Developmont .6- Roberto Aguilar, Executive Director Corpus Christi, Texas ag--day of 198Y TO THE MEMBERS OF THE CITY COUNCIL 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 tocsideration and voting upon ordinances orsolutions at three regular meetings, 1/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 The above ordinance Vias pa Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat SlaviL MAYO THE CID( OF CORPUS CHRISTI, TEXAS 18690