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HomeMy WebLinkAbout020446 ORD - 09/06/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE CENTER FOR HISPANIC ARTS (CHA) FOR THE CONSTRUCTION OF A FACILITY TO BE USED FOR THE CREATION OF AN HISPANIC ART AND CULTURE CENTER AND ENTERING INTO A LEASE AGREEMENT WITH CHA; APPROPRIATING $398,620 FROM THE NO. 162 FEDERAL STATE GRANT FUND; 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 Center for Hispanic Arts (CHA) for the construction of a facility to be used for the creation of an Hispanic Art and Culture Center and entering into a lease agreement with CHA, 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 $398,620 from the No. 162 Federal State Grant Fund. 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 of executing 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 passe and shall tae effect upon first reading as an emergency measure this the (o*rl day of A/ 4 / / i , 19 g g ATTEST: ed, City Secretary MAY R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 19 86 HAL GEORGE, CITY ATTORNEY B 4,(Lida Assistant C. y A torney �/ 206AG176.ord 20446 MICROMLL) CENTER FOR HISPANIC ARTS AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEMENT, made and entered into by the City of Corpus Christi, a municipal corporation, Texas (hereinafter called City), and the Center for Hispanic Arts, a nonprofit corporation organized under the laws of the State of Texas, (hereinafter called CHA): WITNESSETH WHEREAS, the City is desirous of providing safe and sanitary facilities to serve as a depository of cultural materials; and wishes to make these materials available to low and moderate income individuals; and WHEREAS, the CHA is desirous of increasing awareness of local and regional culture among all persons; and WHEREAS, the CHA is desirous of enhancing the self-esteem and pride of local culture by making visible the tangible artistic contributions of the culture; and WHEREAS, the City desires to promote the education, inspiration, and aesthetic enrichment of the local and regional culture to all people with emphasis on enriching the low and moderate income residents, and there being a genuine need for a center and for appropriate facilities in the City at this time; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS, AND AGREEMENTS EXPRESSED HEREIN, The City and CHA agree as follows: I CHA 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 CHA. 2. To retain an architect in accordance with OMB circular A-102 Attachment 0 to prepare the plans and specifications for the facilities and to construct the facilities in accordance with plans and specifications approved by the Director of the City's Housing and Community Development Department. Said premises being described as follows: Lot Two (2), LAWNVIEW ANNEX, Nueces County, Texas, according to map or plat recorded in Volume 31, Page 14 of the Map Records of Nueces County, Texas save and except a fifty (50) by One Hundred and Twenty-five (125) foot portion of said Lot Two (2) situated on the South property line adjacent to Lots Five (5), Six (6), Seven (7), Eight (8) and Nine (9), Block Four (4), Luter. -1- 44b- 3. The City will retain title to the property and facilities as required by HUD regulations. 4. To manage and maintain safe and sanitary facilities and to assist in creating conditions which will promote the general welfare of the area residents and the public at large. 5. That the center shall be open to all forms of cultural art. 6. To utilize the facilities in accordance with HUD's Community Development Block Grant regulations as of the date of this agreement and as referred to in Federal Regulations Section 570.200 and subject to the limitations in Section 570.207(a). 7. To provide activities in accordance with Section 570.201 of HUD's Community Development Block Grant regulations. 8. That special programs shall be made available for low/moderate income persons and that a schedule will be submitted to the Director of Housing and Community Development on a biannual basis beginning the first working day of January 1989 and June 1989 and continued for the term of this contract outlining the proposed project. 9. To maintain and operate the facilities in a manner which meets all requirements established by local City Codes and Ordinances and HUD regulations. 10. To obtain and maintain certifications and licensing of the facilities and the programs offered therein as may be required by local, state, and federal governments. 11. To provide a schedule of costs of the various divisions of work immediately after award of contract and which upon approval by the City shall form the basis for progress payments. 12. To record financial transactions related to the project according to approved accounting procedures and provide for an independent audit for such expenditures upon request by the City. 13. To provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. 14. To provide any information pertinent to this agreement as the Director of Housing and Community Development for the City may from time to time request. 15. To have in force throughout the terms of this contract comprehensive general liability insurance coverage with a personal injury endorsement in the minimum amount of $500,000 for each injured person; $1,000,000 for personal injury arising out of each accident and $100,000 for property damages arising out of each accident. The comprehensive general liability shall include a contractual liability endorsement. Said insurance policy shall name the City as an additional insured. A certificate to that effect will be provided to the City to be attached to this contract. 16. To have in force throughout the terms of this contract fire and extended coverage in an amount sufficient to cover the replacement cost of -2- the buildings and equipment. Said insurance policy shall name the City 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 contract. 17. To have in force throughout the term of this Agreement Liability Insurance not less than $100,000 combined single limit. 18. To have in place a Fine Arts Floater for any visiting art collection covering the replacement value of the collection. Insurance coverage for permanent collections will be the responsibility of CHA. 19. The insurance policies mentioned in paragraphs 15 through 18 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. 20. To furnish necessary to maintain 21. In no event made by CHA with governmental body. all maintenance to the buildings and sites as the buildings and grounds in good repair. shall the City be liable for any contracts whatever any person, firm, corporation, association, or 22. 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, 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 CHA, its agents, employees, or independent contractors pursuant to this agreement. It is agreed by and the intention of CHA to indemnify the City regardless of whether the claims, demands or suits arise from the sole or joint negligence of the party indemnified herein. 23. In the event that CHA ceases to operate the center during the terms of this Agreement or commits any other default in the terms hereof, CHA promises to deliver the premises together with any improvements which may be constructed thereon in good order and condition, natural deterioration and damage by fire and elements excepted, to the City. 24. Not to assign, mortgage, pledge, sublease, or transfer this Agreement without prior written consent of the City. 25. 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 as of the deposit date 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 or to CHA, P.O. Box 5564, Corpus Christi, Texas, 78465-5564. -3- '26. Nothing herein shall be construed as prohibiting CHA 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 CHA from receiving compensation therefore from such additional parties, provided that all other terms of this contract are fulfilled. 27. That all funds expended under this contract shall be solely for the activities outlined under this contract. 28. To assume responsibility for providing any additional funds beyond those allocated for the construction of the facility. 29. To advertise any contract or agreement to insure competitive bids and proposals are received and efforts are made to promote use of minority contractors, suppliers and services. 30. To comply with Federal Regulations Section 570.506 Federal Register with reference to Program Income. 31. 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 Urban Development. 32. 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 when so informed in writing by the City Manager or his representative. 33. During the performance of this contract: (a) CHA will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CHA 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, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CHA agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) In all solicitations or advertisements for employees placed by or on behalf of CHA, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) To 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 CHA's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. -4- ''(d) Will comply with all provisions of Executive Order'11245 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) 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 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, regulations, and orders. (f) In the event of CHA's noncompliance with the nondiscrimination 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 CHA 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) Will include the provisions of the sentence immediately 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. CHA 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 noncompliance: 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, CHA may request the United States to enter into such litigation to protect the interest of the United States. 34. That pursuant to Section 130.20(a) of the regulations, 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 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, CHA 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 or owned in substantial part by persons residing in the area of the project; the making of a good faith -5- 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. CHA 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 contract shall be a condition of the federal financial assistance provided to the project binding upon CHA its successors and assigns. Failure to fulfill these requirements shall subject CHA 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. 36. To begin construction of the project within ninety (90) days following the execution date of this contract by the City and agrees to complete such construction within two hundred forty (240) days after commencing construction. CHA acknowledges and understands that if it is unable to carry out the terms of this Agreement, this Agreement is null and void. If CHA is rendered unable, by force majeure, to carry out the terms of this paragraph, CHA shall promptly give the City written notice of such force majeure together with reasonable particulars concerning it; the City may extend the construction time schedule not to exceed thirty (30) days or such time as the City and CHA may determine. II City agrees: 1. To provide CHA a maximum of $500,000 less the cost of land acquisition and other associated expenses on a reimbursement basis for the construction described in the approved plans and specifications. All payments will be cost certified and will be adjusted according to the actual construction cost but in no event shall it exceed the above stated amount. Nothing in this Agreement shall be construed as requiring the City to provide additional construction funds for Grantee at any time in the future. 2. To lease the premises described in Section I, No. 2 to CHA for a period of one (1) year for the consideration and such other considerations as provided by this Agreement of $1.00 per year due and payable on the first working day of each year following completion of construction or January 1, 1989, whichever occurs first. III If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement shall be held invalid or unconstitu- tional by final judgment 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 hereof be given full force and effect for its purpose. The laws of the State of Texas shall apply to any dispute arising hereunder. -6- 'Executed in duplicate originals, this day of 1988. ATTEST: CITY OF CORPUS CHRISTI City Secretary Juan Garza City Manager APPROVED HAL GEORGE, CITY ATTORNEY CENTER FOR HISPANIC ARTS laiP day of vQt,tLjS t.AA , 1988 BY: a.Qi?aWCt Asst. Ci y Attorney A:9CHA.AGR -7- �7 vtJ-r) President %1�G' 70) Dir____701/,(a)/70) ctor Corpus Christi, Texas (001 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, MAYOR 99.045.01 Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong Q_ 20446 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS 7 (City Charter Article IV Section il) August 25, 1988 I certify to the City Council that $398,620 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 162 - Federal State Grant Fund Project No. 162 - 152 - 807.10 Project Name Center for Hispanic Arts from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 195'1 _444 , FIN 2-55 Revised 7/31/69 3 U � ‘2.4) • 2� ' 11/01 J'