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.
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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
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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.
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'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.
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''(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
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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.
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'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
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�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.
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_444 ,
FIN 2-55
Revised 7/31/69
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