Loading...
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; -1- (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. -3- 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 -4- 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 -5- 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. -6- 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: -7- 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