Ordinance No. 4,96280324 -16
ORDINANCE NO. 4962
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THE BAYTOWN AREA WOMEN'S CENTER FOR THE USE OF
GRANT FUNDS TO RENOVATE VARIOUS FACILITIES; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves a Contract with the Baytown Area Women's
Center for the use of grant funds to renovate various facilities,
and authorizes and directs the City Manager and City Clerk of the
City of Baytown to execute and attest to said contract. A copy
of said contract is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 24th day of March,
® 1988.
KMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
MAIN, WON
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THE STATE OF TEXAS
CONTRACT
COUNTY OF HARRIS
® THIS CONTRACT is made and entered into by and between the
CITY OF BAYTOWN, a' municipal corporation, hereinafter called
"CITY" and the BAYTOWN AREA WOMEN'S CENTER, hereinafter called
"CENTER."
W I T N E S S E T H:
WHEREAS, the Baytown Area Women's Center has been organized
to strengthen and supplement efforts to meet a broad range of
human, social, and environmental needs of battered women by
providing emergency housing and assistance to such women who are
temporarily dislocated due to disruption of the family, and
WHEREAS, the City Council of the City of Baytown has
determined that such a program to help women in such a plight in
the community is in the public interest, and
WHEREAS, the City has received a grant from the Texas
Department of Community Affairs to be used for the renovation of
existing emergency shelters for the homeless provided by private,
non - profit agencies, and
WHEREAS, the Center is in need of certain renovations that
are eligible for such grant assistance; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants, agreements,
® and benefits to both parties, it is agreed as follows:
I
0
This Contract is to cover services to be rendered from
®
March 23, 1988, to February 21, 1989.
EXHIBIT A
•
II
The Center, as independent contractor, agrees to renovate
its existing emergency shelter for the homeless. Renovation
activities shall include installation of vinyl exterior siding,
replacement of the air conditioner /heating system, upgrade of the
electrical system, installation of an electronic security system,
renovation of bathrooms, closets, flooring, and the installation
of handicap access ramps and privacy fence.
The Center shall provide an amount of funds equal to the
amount of funds provided by the City under this contract for
performance hereunder. This amount shall be referred to
hereinafter as Center's match.
In calculating the amount of Center's match, Center may
include the value of any donated material or building; the value
of any lease on a building; any salary paid to staff of Center or
of a non - profit recipient in carrying out the activities required
under this contract; and the time and services contributed by
volunteers to carry out such activities, determined at the rate
of $5 per hour. Center shall determine the value of any donated
material or building, or any lease, using any method reasonably
calculated, as determined by the City, to establish a fair market
value.
III
The City agrees to provide to the Baytown Area Women's
® Center a grant of FORTY -FIVE THOUSAND AMID N01100 ($45,000.00)
® DOLLARS for the renovation of its facilities as described above.
In no event will the City pay more than FORTY -FIVE THOUSAND AND
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® N01100 ($45.000.00) DOLLARS to the Center. The City shall not be
liable to Center for costs incurred or performances rendered for
any other activities, including but not limited to:
1. acquisition of an emergency shelter for the
homeless;
2. renting commercial transient accommodations for the
homeless (such as hotel or motel rooms);
3. any administrative or staffing costs other than
those specified in 24 CFR Sec. 575.21 (a) (3);
4. rehabilitative services, such as preparation of
work specifications, loan processing, or
inspections; and
5. renovating, rehabilitating, or converting buildings
owned by primarily religious organizations or
entities, as determined by the City.
® IV
It is expressly understood and agreed by the parties hereto
that the City's obligations under this Contract are contingent
upon the actual receipt of adequate state and /or federal funds to
meet the City's liabilities under this contract. If adequate
funds are not available to make payments under this contract, the
City shall notify Center in writing within a reasonable time
after such fact is determined, and shall terminate this contract
and will not be liable for failure to make payments to Center
under this contract.
V
® It is expressly agreed and understood by all parties hereto
that the Center is an independent contractor in its relationship
to the City of Baytown. Nothing herein contained at any time or
in any manner shall be construed to effect an agreement of
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® partnership or joint venture or render any party hereto the
employer or master of any other party and /or its employees,
agents or representatives.
® VI
The Center agrees to indemnify, and does hereby indemnify,
hold harmless and defend, the City of Baytown, its agents,
servants or employees, from the against any and all claims for
damages or injuries to persons or property, whether real or
asserted, arising out of or incident to the operation of the
Center.
VII
In performance of the services agreed to herein, the Center
agrees to observe and strictly comply with all the terms,
® conditions, rules, and regulations of all applicable federal,
state and city statutes. Center agrees to comply with Office of
Management and Budget (OMB) Circular No. A -110, as well as the
provisions listed in Exhibit "A ". Furthermore, the.allowability
of costs incurred for performances rendered hereunder by the
Center shall be determined in accordance with OMB Circular No.
A -122.
VIII
The Center shall give the United States Department of
Housing and Urban Development, the Inspector General, the
Comptroller General of the United States, the Auditor of the
State of Texas, the Texas Department of Community Affairs, and.
® the City, or any of their duly authorized representatives, access
® to and the right to examine all books, accounts, records,
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®
reports,
files,
and other papers, things, or property belonging
to or in
use by
Center pertaining to this contract. Such rights
to access
shall
continue as long as the records are retained by
Center.
Center
agrees to maintain such records in an accessible
location.
The
Center shall comply with the retention and
custodial
requirements for records specified in Attachment C of
OMB Circular No.
A -110.
IX
None of the performances rendered by Center under this
contract shall involve, and no portion of the funds received by
Center under this contract, shall be used in support of any
sectarian or religious activity, nor shall any facilities used in
the performance of this contract be used for sectarian
® instruction or as a place of religious worship.
X
In addition to the requirements of OMB Circular Nos. A -102
or A -110, as applicable, Center shall ensure that no person who
is an employee, agent, consultant, or officer of Center who
exercises or has exercised any functions or responsibilities with
respect to activities performed pursuant to this contract or who
is in a position to participate in a decision - making process or
gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the
activity, or have an interest in any contract, subcontract or
® agreement with respect thereto, or the proceeds thereunder,
® either for him or herself or those with whom he or she has family
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or business ties, during his or her tenure or for one year
thereafter.
SIGNED, this the
ATTEST:
EILEEN P. HALL, City Clerk
S:5:27:1
day of
CITY OF BAYT OWN
FRITZ LANHAM, City Manager
BAYTOWN AREA WOMEN'S CENTER
E)H5117 A
APPLICABLE LAWS AND REGULATIONS
I. CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et seq.);
24 CFR Part 1, "Nondiscrimination in Federally Assisted Programs of the
Department of Housing and Urban Development - Effectuation of Title VI of
the Civil Rights Act of 1964 ";
® Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968"
(42 U.S.C. Sec. 3601 et seq.) and implementing regulations;
'Executive Order 11063, as amended by Executive Order 12249,. -and 24 CFR Part
107, "Nondiscrimination and Equal Opportunity in Housing under Executive
Order 11063 ". The failure or refusal of Contractor to comply with the
requirements of Executive Order 11063 or 24 CFR Part 107 shall be a proper
basis for the imposition of sanctions specified in 24 CFR 107.60.;
The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794.);
Executive Order 11246 and 41 CFR Chapter 60; and
Executive Orders 11625, 12432, and 12138. Contractor shall make efforts to
encourage the use of minority and women's business enterprises in connection
with activities funded under this contract.
II. EMPLOYMENT OPPORTUNITIES
= Section 3 of '.the-: Housing and Urban Development Act of 1968 (12 U.S.C. Sec.
1701u).
III. UNIFORM FEDERAL ACCESSIBILITY STANDARDS
® For major rehabilitation or conversion, the Uniform Federal Accessibility
Standards at 24 CFR Part 40, Appendix A.
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® IV. LEAD -BASED PAINT
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4821 -4846) and
implementing regulations at 24 CFR Part 35.
V. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS
The provisions of 24 CFR Part 24 relating to the employment, engagement of,
services, awarding of contracts, or funding of any Contractors or
subcontractors during any period of debarment, suspension, or placement in
ineligibility status; and
VI. FLOOD INSURANCE
The' requirements of 24 CFR Sec. 575.59(g) (52 Fed. Reg. 38874 (October 19,
1987).)
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