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HomeMy WebLinkAbout11429 ORD - 04/04/1973JRR /DIC `li2/73 t ST I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK STUDY PROGRAM IN THE ANIOUNT OF $6,744, AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK STUDY PROGRAM IN THE AMOUNT OF $6,744, AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION P. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK STUDY PROGRAM AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT T141S ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF APRIL, 1973. ATTEST d O CICRE R - MAYOR THE CITY OF COR 'S HRISTI, TEXAS CPPROVED; A OF, APRIL, 1973: CITY TTO;ityE v �• g 11429 • COASTAL BEND COUNCIL OF GOVERNMENTS CONTRACT FOR PERSONAL SERVICES TH15 AGREEMENT, entered into as of this 28th day of March 1973 , by and between 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 Housin amended: g Act of 1954, as 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 -1026 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 Contra. ctor 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. / X�/ '%� 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 qualified 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 sub- contracted 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 completed no later than September 30, 1973. 6. Compensation. The Planning Agency agrees to reimburse the Contractor a total sum not to exceed Two Hundred Eighty One Dollars ($281.00 ) 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 Governments. 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 re- imbursement 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 Contractor specifying that the funds have been expended for student salary and the pro- portionate share of required cash or in -kind contribution was provided under this Contract in conformance with the Contract and that the Contractor is entitled to receive the amount requisitioned 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 $281.00 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 reimbursement to be paid hereunder exceed the maximum sum of $ 6,744.00 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. Notwithstanding the above, the Contractor shall not be relieved of liability 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. -2- 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. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears 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 payments) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly 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� wid between the Planning Agency and the Contractor, shall be incorporated in writteWomendments 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 $ 6,744.00 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 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 national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontractors for standard commercial supplies or raw materials. (b) The Contractor shall keep such records and submit such reports concerning the racial and the 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., -3- 12. Interest of Members of Planning Agency and Others. No officer, member, or 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 porticipaie in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract of the proceeds thereof. 13. Officials Not to Benefit. No member 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. 14. Identification of Documents. All reports, maps and other documents completed 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. 1S. 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 behalf of the Contractor. 16. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (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 Contract 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. 17. Interest of Contractor. The Contractor convenants that he presently has no interest and shall not acquire any interest, director indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 18. The Council of Governments shall not be liable for any defaults, negligence or omission of the Contractor. -4- • IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed this agreement as of the date first above written. Approved as to legal form and adequacy. Attorney -at -Law COASTAL BEND COUNCIL OF GOVERNMENTS Panning Agency BY Executive Director CITY OF CORPUS CHRISTI Contractor . BY Title or Capacity -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 studenf(s) to be employed in the assigned work -study position. 5. Employ the student(s) at a salary of $281.00 per month for a maximum work week of twenty (20) hours. Salary for any student(g) working less than twenty (20) hours per week shall be cal- culated at $3.24 per hour. 6. Furnish the student(s) all employment benefits which part -time personnel are normally provided. Such benefits may be documented as cash match toward the agency's required program contribution. 7. Provide no less than $ 2,000.00 in cash or documented HUD eligible in -kind match for each student employed by the agency. 8. Participate in joint review and agreement on student work assignments with the Coastal Bend Council of Governments and the participating University. 9. Employ student(s) in HUD "701" eligible work activities. 10. 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. 11. 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 student's education, experience, and professional ambition. 12. Employ the student(s) for the full period of the approved contract (unless due to un- foreseen circumstances individual or group participation is terminated). 13. Assist the Coastal Bend Council of Governments and the University in periodic monitoring of the student work activities to assure that work is eligible under Section 701 of the Housing Act of 1954 and will benefit the student's planning and management preparation. 14. Provide 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. 15. Provide the CBCOG quarterly progress reports outlining points of success and difficulty and an assessment of the current achievements of the program. 16. Provide to the CBCOG a report at the completion of the project. 17. Assist the CBCOG in performing an overall evaluation of the program. 18. Consider the feasibility of utilizing the student work -study program as a demonstration project to establish a continuing program. 19. Allow a minimum of two weeks notice prior to the completion of the semester for withdrawl from participation in the work -study program. 20. Designate a representative to coordinate activities with the University and CBCOG. 21. Assure the designated representative prepare and transmit to the CBCOG all financial and progress reports in a timely manner. ATTACHMENT B HUD STUDENT WORK /STUDY PROGRAM Allocation and Supporting Financial Information for: The City of Corpus Christi Students: Ramiro Perez, III Richard W. Scanlon Richard Zamora Student Monthly Salary at Total Salary Expense Allocation 20 Hours/Week Monthly Salary 1/1 to 9./30 Three $281.00 $843.00 $6,728.00 Please Note: The monthly salary rate stated above does not include employee fringe benefits which the employing agency will provide. In-Kind Match Required: Student In-Kind Match Total In -Kind Match Allocation Per Student Required 1/1 to 9/30 Three $2,000.00 $6;000.00 CORPUS CHRISTI TEXAS pp -ty ., DAY OF a 19— % ,a TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXI'.ST 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. RESLULLY, ' ' MAYOR THE CITY OF P CHRISTI,, TEXAS THE CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: ' BONNIE SiZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D.,Q� REV. HAROLD T. BRANCH . THOMAS V. GONZA LES GABE LOZANO, $R. _ J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • BONNIE S12EMORE CHARLES A. BONNIWELL - ROBERTO BOSQUEZ, M.D. Qci� REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. �. J. HOWARD STARK.✓