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HomeMy WebLinkAbout10852 ORD - 05/10/1972JRR:HG:dp:5- 10- 72c2nd TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR ASSIGNMENT OF THREE WORK STUDY STUDENTS SPONSORED THROUGH A PROGRAM FUNDED THROUGH HUD FOR SEVEN MONTHS TO TERMINATE OCTOBER 31, 1972; SAID STUDENTS TO WORK A MAXIMUM OF 20 HOURS PER WEEK, ALL IN ACCORDANCE WITH ATTACHED EXHIBIT "A "; AND DECLARING AN EMERGENCY. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and hereby is authorized and directed to execute a contract with the Coastal Bend Council of Govern- ments for assignment of three work study students sponsored through a program funded through HUD for seven months to terminate October 31, 1972; said students to work a maximum of 20 hours per week, all in accordance with the attached Exhibit "A ", annexed hereto and which by this reference, is incor- porated herein and made a part hereof for all purposes; SECTION 2. The necessity to execute the attached contract to provide necessary additional help in performance of the City's public work creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such public emergency and necessity to exist, and having requested that such Charter rule be suspended, and that this ordi- nance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage and publication, IT IS ACCORDINGLY SO ORDAINED, this the 10th day of May, 1972. ATTES • v �i City ecre ar MAYOR THE CITY OF CO CHRISTI, TEXAS APPROVED: 10th DAY OF MAY, 1972: /� t f(i�[. City Attorney 4bezin — /Q ff-f -- 7,_ v.. COASTAL BEND COUNCIL OF GOVERNMENTS CONTRACT FOR PERSONAL'SERVICES THIS AGREEMENT, entered into as of this day of , 19 , by and between The City of Corpus Christi (herein called the "Contractor ") and the Coastal Bend Council of Governments (herein called the "Planning Agency "), WITNESSETH THAT: WHEREAS, The Planning Agency desires to engage the Contractor to render tech- nical or professional services hereafter described in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: NOW, THEREFORE, The parties hereto do mutually agree -as follows: 1 , Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform personally the services herein- after set forth in connection with the Project of the Planning Agency under Urban Planning Grant Contract No. CPA- TX-06 -59 -1010 2, Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, _ herein called the "planning area ": That area encompassed by the jurisdictional boundar- ies of the Coastal Bend Council of Governments. 3. Scope of Services, The Contractor shall do, perform, and carry out per- sonally, in a satisfactory and proper manner, as determined by the Planning Agency, the following services: Those services specifically enumerated in Attachment A appended to this Agreement and by this reference incorporated herein. 4. Personnel. a, The Contractor represents that he has, or will secure at his own ex- pense, all personnel required in performing the services under this Contract. Such per- sonnel shall not be employees of or have any contractual relationship with the Planning Agency. - b. All of the services required hereunder will be performed by the Con- tractor or under his supervision, and all personnel engaged in the work shall be fully quali- fied and shall be authorized under State and local law to perform such services. c. None of the work or services covered by this Contract shall be subcon- tracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be undertaken and com- pleted in such sequence as to assure their expeditious completion in the light of the pur- poses of this Contract, but in any event all of the services required hereunder shall be com- pleted no later than October 31, 1972. 6. Compensation. The Planning Agency agrees to reimburse the Contractor a total sum not to exceed Two Hundred Fifty-Seven Dollars ($257.00) per month for each student employed in the approved work/study program. No student shall be compensated under this project without prior written approval by the Coastal Bend Council of Govern- ments. 7. Method of Payment. The Planning Agency will pay to the Contractor the amount or amounts set forth in Paragraph 6, which shall constitute full and complete reim- bursement for the Contractor's services hereunder. Such sum will be paid in one or more payments, in every case, subject to receipt of a requisition for payment from the Contrac- tor specifying that the funds have been expended for student salary and the proportionate share of required cash or in-kind contribution was provided under this Contract in conform- ance with the Contract and that the Contractor is entitled to receive the amount requisi- tioned under the terms of the Contract. It is expressly understood and agreed that in no event will the total reim- bursement, if any, to be paid hereunder exceed the maximum sum of $257.00 per month for each student employed in the HUD student work/study program as per the approved work/study program appended to this Contract. However, in no event shall the total re- imbursement to be paid hereunder exceed the maximum sum of $ 5.397.00 8. Termination of Contract for Cause. If, through any cause, the Contractor- shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the Con- tract, the Planning Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to receive just and equi- table compensation for any satisfactory work completed on such documents and other mate - rials. -2- Notwithstanding the above, the Contractor shall not be relieved of IiabiI ity to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any pay- ments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning? Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 shall, at the option of the Planning Agency, be- come its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amounf which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the .effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reim- bursed unddr -this- Contract)`incurre8'by'ihe °Contractor during the Contract period which are direct attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 8 hereof relative• to termination shall apply. 10. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's reimbursement, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorp, rated in written amendments to this Contract and, in case of increase, shall only be made in the event the Agency certifies the availability of sufficient funds over and above $ 5.397.00 11. Equal Employment Opportunity. (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall 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, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this -3- non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or na- tional origin. The Contractor will cause the foregoing provisions to be inserted in al I sub- contracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shal I not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as may be requested. (c) The Contractor agrees to comply with such rules, regulations or guidelines as the Planning Agency may issue to implement these requirements. 12. Interest of Members of Planning Agency and Others. No officer, member, of employee of the Planning Agency and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review .or approval of the undertaking or carrying out of this Project, shall participate in any deci- sion relating to this Contract which affects his personal interest or have any personal or `pecuniary inte'rest,•direct or'indirect,'in -this Contract or the proceeds thereof. 13. Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Contract which the Planning Agency re- quests to be kept as confidential shall not be made available to any individual or organiza- tion by the Contractor without the prior written approval of the Planning Agency. 14. Officials Not To Benefit. No members of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. 15. Identification of Documents. All reports, maps, and other documents com- pleted as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page (or, in the case of maps, in the same block): The preparation of this report was financed in part through funds provided by a grant from the U. S. Department of Housing and Urban Development. 16. Ownership of Documents. All reports, maps, and other documents corn-' pleted as a part of this Contract, whether published or unpublished, shall be the sole prop - erty of the Planning Agency. -4- 17. Copyright. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on be- half of the Contractor. 18. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the some (whether by assignment or novation), without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Con- tract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 19. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Con- tract. The Contractor further covenants that in the performance of this Contract no person ,having any such interest sholI be employed. ­20. - The, Council- of'Governmerits- shall-not'be liable "for any defaults, negligence or omission of the Contractor. IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed this agreement as of the date first above written. COASTAL BEND COUNCIL OF GOVERNMENTS Planning Agency By Executive Director Contractor By Title or Capacity Approved as to legal form and adequacy. Attorney-ot -Law -5- ATTACHMENT A SCOPE OF SERVICES The Contractor shall perform the following services: 1, Indicate in writing, to the Planning Agency, the number of University minority group or poor students it could purposefully employ under the currently approved HUD Student Work/Study Program. 2. Subsequent to the student allocation by the Planning Agency, interview those students recommended by the University to fill the position allocated to the agency. 3. Inform the interviewees of the job responsibilities, personnel procedures, and employ- ment benefits associated with the student work/study position. 4. Select a student(s) to be employed in the assigned work/study position. 5'. Employ the student(s) at a salary of $257.00 per month for a maximum work week of twenty (20) hours. Salary for any student(s) working less than twenty (20) hours per week shall be cal- culated at $3,21 per hour. 6. Furnish the student(s) all employment benefits which part-time personnel are normally provided. 7. Provide no less than $1,050 in cash or documented HUD eligible in-kind match for each student employed by the agency. 8. Provide to the Coastal Bend Council of Governments ( CBCOG) a monthly financial report of salary expenditures and cash or in -kind contribution in support of the work/ study program. 9. Provide to the CBCOG quarterly (concurrent with semesters) progress reports outlining points of success and difficulty and an assessment of the current achievements of the program. 10. Provide to the CBCOG a report at the completion of the project. This report should contain copies of work accomplished by the students during the grant period, and an overall evaluation of the accomplishments of the program. 11. Employ the student(s) in completing objectives of HUD "701" eligible activities. 12. Provide, to the greatest extent possible, a work assignment for the student(s) which offers a task that can be accomplished within the employment period. 13. Employ the student(s) in a planning and/or management position which will comple- ment the work of regular employees, and is to the greatest extent practicable, com- mensurate with the students education, experience, and professional ambition. 14. Employ the student(s) for the full period of the approved contract (unless due to un- foreseen circumstances individual or group participation is terminated). 15. Consider the feasibility of utilizing the student work/study program as a demonstration project to establish a continuing program. 16. Allow a minimum of two weeks notice prior to the completion of the semester for with- drawal from participation in the worwstudy program. 1%. Designate a representative to coordinate activities with the University and CBCOG. 18. Assure the designated representative prepare and transmit to the CBCOG all financial and progress reports in a timely manner. -2- s, ATTACHMENT B HUD STUDENT WORK /STUDY PROGRAM Allocation and Supporting Financial Information for: CORPUS CHRISTI Student Monthly Salary at Total Salary Expense Allocation 20 Hours/Week Monthly Salary 411 to 10/31 3 $257.00 $771.00 $5,397.00 Please Note: The monthly salary rate stated above does not include employee fririge benefits which the employing agency will provide. In -Kind Match Required: Student In-Kind Match Total In -Kind Match Allocation Per Student Required 4111 to 10/31 3 $1,050.00 $3,150.00 CORPUS CHRISTI, TEXAS �y I0> '''`'Ll./ DAY OF 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGE NCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ?elT O � MAYOR THE CITY OF CORPU C RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE $IZEMORE CHARLES A. BONNIWELL alai �! _ G� ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK