HomeMy WebLinkAbout020438 ORD - 08/30/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH NUECES COUNTY
COMMUNITY ACTION AGENCY (NCCAA) FOR THE CONSTRUCTION OF
BUILDINGS TO BE USED AS HEADSTART LEARNING AND COMMUNITY
CENTER FACILITIES IN THE MOLINA/LOS ENCINOS AREA AND SPOHN
HOSPITAL AREA AND ENTERING INTO A LEASE AGREEMENT WITH
NCCAA; APPROPRIATING $160,000; AND DECLARING AN EMERGENCY.
BE IT RESOLVED 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 Nueces County Community Action Agency (NCCAA) for the construction
of buildings to be used as Headstart Learning and Community Center facilities in
the Molina/Los Encinos area and Spohn Hospital area and entering into a lease
agreement with NCCAA for the site located on Three Fountains Unit #1, Block 9,
Lot 1 and Booty & Allen, Block 2, Lots 20, 21, & 22, all as more fully set forth
in 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 $160,000 from the
Community Development Block Grants.
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
execute the abovementioned contract at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances at three regular meetings so
that this ordinance is passed and shall ake effe t upon first reading as an
emergency measure this the £D day of Q , 197g.
ATTEST:
City Secretary
APPROVED: lel DAY OF LALly� , 1985
HAL GEORGE, CITY ATTORNEY jj
BKA(,LdBrk.
Assistant C,fty Attorney
206AG162.res
THE CITY OF CORPUS CHRISTI, TEXAS
20438 MlCR0FMED
HEADSTART CENTER AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS HEADSTART CENTER AGREEMENT (this "Agreement"), made and entered
into by the City of Corpus Christi, Texas a home rule municipality
(hereinafter called City), and the Nueces County Community Action Agency, a
nonprofit corporation organized under the laws of the State of Texas,
(hereinafter called NCCAA);
WITNESSETH
WHEREAS, the City wishes to provide public facilities for the
residents in the Molina/Los Encinos and Spohn Hospital area of the city and
the general populace;
WHEREAS, Nueces County Community Action Agency is desirous of
operating such facilities to assist in the delivery of social services to
low income families within the City;
WHEREAS, NCCAA has administered and operated such service programs for
the past seventeen years; and
WHEREAS, the City desires to provide services which promote the
health, safety, and welfare of the citizenry and there being a genuine need
for this program and for appropriate facilities to provide such services in
the City;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS, AND
AGREEMENTS EXPRESSED HEREIN, the City and NCCAA agree as follows:
NCCAA agrees to:
(1) Provide sufficient staff and administrative support to supervise
the program for the delivery of special services to low income families
(the "Project") and that professional services provided will be supervised
by the Board of Directors of NCCAA;
(2) To retain an architect in accordance with OMB Circular A-102
Attachment 0 to prepare the plans and specifications and to construct
facilities in accordance with plans and specifications approved in writing
by the City's Director of Housing and Community Development (hereinafter
referred to as the "facilities");
(3) Manage and maintain safe and sanitary facilities which will
promote the general welfare of the persons participating in the Project;
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(4) Utilize the facilities no less than 90% of the time for public
purposes and at all times in accordance with Housing and Urban
Development's (HUD) Community Development Block Grant regulations;
(5) Maintain and operate the facilities in a manner which meets all
requirements as required by all local City Codes and Ordinances and HUD
regulations.
(6) Obtain and maintain any certificates and licenses that are
required of the facilities and the Project offered therein by the State of
Texas and any other agencies having regulatory jurisdiction over the
facilities or the Project;
(7) Provide a schedule of costs of the various completions of work
immediately after award of contract which shall form the basis for progress
payments upon approval by the City;
(8) Record financial transactions according to approved accounting
procedures and provide an independent audit of such expenditures upon
request by the City;
(9) Provide access to all records, reports or audits of the Project
for the construction of the facilities during regular business hours for
the purpose of City and/or HUD conducted audits or monitoring;
(10) Provide any information pertinent to this Agreement as the
Director of Housing and Community Development for the City may from time to
time request for the proper administration of this Agreement;
(11) Have in force throughout the term of this Agreement comprehensive
general liability insurance coverage with a personal injury endorsement in
the minimum amount of $500,000 for each occurrence; $500,000 as aggregate
liability and $100,000 for property damage arising out of each accident.
The comprehensive general liability shall include a Contractual Liability
endorsement. Said insurance policy shall name the City of Corpus Christi
as an additional insured. A certificate to that effect will be provided to
the City to be attached to this Agreement;
(12) Have in force throughout the term of this Agreement fire and
extended coverage insurance in an amount sufficient to cover the
replacement cost of the facilities. Said insurance policy shall name the
City of Corpus Christi as loss payee using a standard loss payee clause. A
certificate to that effect will be provided to the City to be attached to
this Agreement;
(13) 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 the insurance policies mentioned in
paragraphs 11 and 12 above. Failure to maintain such insurance will be
cause for the City to take control of the property and will cancel any
claim that NCCAA may have to the use of the facilities; and
(14) Furnish all maintenance to the buildings and sites as necessary
to maintain the buildings and grounds in good repair;
(15) To begin construction of the project within ninety (90) days
following execution of this Agreement and to complete such construction
within one hundred eighty (180) days after commencing construction.
(16) To provide a minimum of $20,000 toward the construction of the
facilities.
(17) In the event that NCCAA ceases to operate the Headstart Center
during the term of this Agreement or commits any other default in the terms
hereof, NCCAA promises to return the property to the City.
II
2.01 No Liability. In no event shall the City be liable for any
contracts made by or entered into by NCCAA with any other person, firm,
corporation, association, or governmental body.
2.02 Indemnification. NCCAA agrees to indemnify and forever save
harmless the City, its officers, agents, and employees, for any and all
lawsuits, claims, damages, liabilities, losses, and expenses (including
court costs, attorney fees, and expert witness fees) for or on account of
any injury to any person, or death at any 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 agreement. It is
agreed and the intention of NCCAA to indemnify the City regardless of
whether the claims, demands or suits arise from the sole or joint
negligence of the party indemnified herein.
2.03 Non -Assignment. NCCAA shall not assign, mortgage pledge, or
transfer this Agreement or any interest in the facilities without prior
written consent of the City.
2.04 Termination Notice. Either party may terminate this Agreement
as of the last day of any month upon thirty (30) days prior written notice
to the other party. Notice shall deemed to have been given upon deposit in
U. S. Certified Mail properly stamped and addressed for delivery to the
City Manager of the City of Corpus Christi, P. 0. Box 9277, Corpus Christi,
Texas 78469-9277, or to NCCAA, 2590 Morgan, Corpus Christi, Texas 78405.
2.05 Non-exclusive Services. 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 therefore from such additional parties, provided
that all other items of this contract are fulfilled.
2.06 Use of Funds. NCCAA agrees that all funds expended under this
Agreement shall be solely for the activities described for the Project as
outlined under this Agreement. NCCAA agrees to comply with paragraphs
570.506 Federal Register with reference to Project Income.
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2.07 Equal Opportunity. 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 on file and available from the Office of the Director of Housing
and Community Development.
2.08 Other Rules and Regulations. NCCAA 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.
2.09 Compliance with Federal Laws and Regulations. During the
performance of this Agreement, 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 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 NCCAA 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 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 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 worker's representatives of the NCCAA's
commitment under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(d) The NCCAA will comply with all provisions of Executive Order
11245 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor.
(e)
Executive
orders of
access to
Secretary
with such
The NCCAA will furnish all information and reports required by
Order 11246 of September 24, 1965, and by rules, regulations, and
the Secretary of Labor, or pursuant thereto, and will permit
his books, records, and accounts by the Department and the
of Labor for purposes of investigation to ascertain compliance
rules, regulations and orders.
(f) In the event of the NCCAA's non-compliance with the
non-discrimination clauses of this Agreement or with any of the said rules,
regulations, or orders, this Agreement may be cancelled, terminated, or
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suspended in whole or in part and the NCCAA may be declared 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.
(g) The NCCAA will include the provisions of the sentence immediately
proceeding 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 NCCAA will take
such action with respect to any subcontract or purchase order as the
Department of Labor may direct as 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 of Labor, the NCCAA may request the United States to enter into
such litigation to protect the interest of the United States.
2.10 Low Income and Local Participation. NCCAA agrees that pursuant
to Section 130.20 (a) of the regulation, 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 Agreement.
(a) The project assisted under this Agreement 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 low
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, 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 Agreement. 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 residing in the area of the project; the making of a good faith
effort, 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 NCCAA 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
application for this Agreement, shall be a condition of the federal
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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 successors, and
assigns to the sanctions specified by this Agreement, and to such sanctions
as are specified by 24 CFR Section 135.135.
2.11 Competitive Bids. That construction will be open to competitive
bids as required in OMB Circular A-102, Attachment 0 and that such records
will be made available for inspection by the Department of Housing and
Community Development.
2.12 Use by Neighborhood Council. Will provide for the Neighborhood
Council use of the Community Room.
III
City agrees to:
(1) Provide NCCAA $160,000 for the construction of two headstart
community buildings described in the approved plans and specifications and
referred to herein as the facilities. Nothing in this Agreement shall be
construed as requiring the City to provide additional construction funds to
Grantee at any time in future.
(2) Lease to NCCAA for a period of twelve (12) months the site
located on Three Fountains Unit #1, Block 9, Lot 1 and Booty & Allen, Block
2, Lots 20, 21, & 22, for the consideration and such other consideration as
provided by this Agreement of $1.00 per year due and payable on the first
working day of each year following the completion of construction of the
facilities or January 1, 1989, whichever occurs first.
IV
If for any reason any section, paragraph, subdivision, clause, phrase,
or provision of this Agreement 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 Agreement, for it is the definite intent of the parties
hereto that every section, paragraph, subdivision, clause, phrase, word or
provision thereof be given full force and effect for its purpose. The laws
of the State of Texas shall apply to any dispute arising hereunder.
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Entered into this
day of , 1988 to be
effective for all purposes as of , 1988.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED this 0 day of
1988 by
HAL GEORGE, City Attorney
By:
Assistant C
A:9NCCAA.AGR
ty:Attorney
NUECES COUNTY COMMUNITY ACTION AGENCY
"NCCAA"
By: (/✓J
Ga os Valdez,:Cha' an
By:
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Martinez, Executive
it
ctor
Corpus Christi, Texas
6411 -)day of
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bi11 Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
017
Ad
del
20438