Loading...
HomeMy WebLinkAbout12276 ORD - 09/18/1974JRR:jkh:9- 17-74;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE GOALS FOR CORPUS CHRISTI COMMITTEE FOR $25,000 FOR THE PROVISION OF CITIZEN PARTICIPATION AND GOALS FOR COMMUNITY IMPROVEMENTS TO BE UTILIZED IN THE DEVELOPMENT AND GROWTH OF THE CITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the Goals for Corpus Christi Committee for $25,000 for the provision of citizen participation and goals for community improvements to be utilized in the development and growth of the City, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the aforesaid contract at the earliest practicable date in order that the program may continue without delay 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 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 this 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 theday of 1974. ATTEST: Citf Secrete MAY 0 CITY OF CORVS CHRISTI, TEXAS AP VED: DAY OF SEPTEMBER, 1974: �i City Attorney 12276 JRR:JB:MM:vp:oc: •`x/18/74; 2nd CONTRACT This contract is between Goals for Corpus Christi, an unincorporated association, hereinafter referred to as GOALS and the City of Corpus Christi, Texas, hereinafter referred to as the City. WHEREAS, the City is now engaged in preparing master - plans for the development of the City and will in the future be engaged in reassessing and implementing such master plans; and WHEREAS, communication between citizens of the community and government officials and employees and the establishment of goals are vital to the development and success of such master plans; and WHEREAS, GOALS is an organization of citizens of the community, the purpose of which is to study and encourage the favorable development of the City; and WHEREAS, GOALS has proposed to assist the City in assimilating information from the public concerning the formulation of goals and in gathering community input: NOW, THEREFORE, the City and GOALS enter into the following agreement: I GOALS will provide the following services: A. Define issues of importance to the people of Corpus Christi within ten broad areas of community concern - population and economy, recreation and culture, design of the City and land use, transportation, education, local government, housing, environment, health and social welfare and crime. B. Formulate alternatives and questions on important community issues, including summarizing pros and cons and overall benefits and general costs. Existing studies prepared by the City will be evaluated. C. Present alternatives and questions, along with background information, to citizens for consideration. This will EXHIBIT "A" involve (1) publishing a summary of the papers discussing each of the above mentioned- issues, (2) community dialogue through neighborhood and group meetings, and (3) a series of television documentaries summarizing alternatives, questions, and background information. II City agrees to pay GOALS, in consideration of the services to be provided by GOALS, the sum of $25,000 or 50% of the total cumulative program expenditure, whichever is less. City shall make an advance payment in the amount of $5,000. Thereafter City shall disburse the remaining $20,000 in accordance with the following schedule: October 1, 1974 $2,000 February 1, 1975 $2,000 November 1, 1974 2,000 March 1, 1975 2,000 December 1, 1974 2,000 April 1, 1975 2,000 January 1, 1975 2,000 May 1, 1975 2,000 June 1, 1975 2,000 July 1, 1975 2,000 Goals shall provide City a monthly certification certifying that funds in the amount of at least $2,000 have been expended to achieve the services provided for herein. III The term of this agreement shall be for one year from the date on which an ordinance by the City Council approving this contract becomes effective. IV The City shall have the right to periodically review the performance by GOALS under this contract and to require monthly reports of GOALS activities and expenditures which are directed toward accomplishment of the purposes of this agreement. V Either party may cancel this contract for any reason upon 30 days written notice to the other party. Address of City 0 • for purposes of this section is: City of Corpus Christi, P. O. Box 9277, Corpus Christi, Texas 78408. Goals shall provide the Director of Planning and Urban Development its current adress for purposes of this section. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of 1974. ATTEST: CITY OF CORPUS CHRISTI Bill G. Read, City Secretary CITY OF CORPUS CHRISTI APPROVED: DAY OF SEPTEMBER, 1974: City Attorney Harold Zick, Director of Finance By R. Marvin Townsend City Manager By GOALS for Corpus Christi GOALS Board Chairman Corpus Christi, Texas ZZday of , 19Y.// 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 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; I, 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. Respectfully, wz&� MAYO f0- M NILr CITY OF CORPUS WISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev.' Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez AIL, Gabe Lozano, Sr. U J. Howard Stark Mr. Mark D. Estes, Partner, and Mr. R. D. Talasek, Jr., Partner ` National Printers of America 4105 Medical Parkway, Suite 105 .. Austin, Texas 78756 Dear Mr. Estes and Mr. Talasek: As you are aware, the City Council, by Ordinance No. 12333, passed and approved on October 23, 1974, authorized an agreement between the City and the National Printers of America, hereinafter called the Contrac- tor, whereby the Contractor agreed to perform certain services and the City is to make payment in accordance with the terms of the contract. This contract has been signed by all parties and is in full force and effect. However, in the administration of this contract it has be- come evident that certain clarifications need be made in order to more accurately formulate the administration of this contract and the working agreement between the City and the Contractor. Therefore, this letter shall constitute a Letter of Agreement more clearly defin- ing the intent between the parties as that intent existed at the time of execution of the contract and as a clarification of the contract. If this letter constitutes your understanding of the agreement, please execute both copies which are hereby transmitted to you and return one signed original to the City indicating your agreement to this clarifi- cation. Section 6 of the hereinabove referred contract relates to the payment by the City for services rendered. Both parties hereto mutually agree that this Section was meant to provide and does hereafter provide the following: 6. City agrees to pay the Contractor, in consideration of the services to be provided by the Contractor, a sum not to exceed Fif- teen Thousand Four - Hundred Dollars ($15,400). Of this amount, the City shall make an initial reimbursement of Five Thousand Dollars ($5,000) for work completed on items 2.A., and 2.B. of the hereinabove referred t p CITY OF CORPUS CHRISTI, TEXAS ._ I. MAYOR JASON LD9Y + CITY MANAGER CITY CpIJN CIL RCVM HAROLD T. DHANON ON2AL82 A9 V. D E LO iANO, OR.� J. NOWARD RTARK R. MARYIN TO _. February 19, 1975 CITY SECRETARY RILL D. R¢wD CITY OFFICES 3® BONN ONOR8LIN8 PORT OFFIpe epK BeT/ PNONB [818] D8A•8p11 21P OODB 9p9® Mr. Mark D. Estes, Partner, and Mr. R. D. Talasek, Jr., Partner ` National Printers of America 4105 Medical Parkway, Suite 105 .. Austin, Texas 78756 Dear Mr. Estes and Mr. Talasek: As you are aware, the City Council, by Ordinance No. 12333, passed and approved on October 23, 1974, authorized an agreement between the City and the National Printers of America, hereinafter called the Contrac- tor, whereby the Contractor agreed to perform certain services and the City is to make payment in accordance with the terms of the contract. This contract has been signed by all parties and is in full force and effect. However, in the administration of this contract it has be- come evident that certain clarifications need be made in order to more accurately formulate the administration of this contract and the working agreement between the City and the Contractor. Therefore, this letter shall constitute a Letter of Agreement more clearly defin- ing the intent between the parties as that intent existed at the time of execution of the contract and as a clarification of the contract. If this letter constitutes your understanding of the agreement, please execute both copies which are hereby transmitted to you and return one signed original to the City indicating your agreement to this clarifi- cation. Section 6 of the hereinabove referred contract relates to the payment by the City for services rendered. Both parties hereto mutually agree that this Section was meant to provide and does hereafter provide the following: 6. City agrees to pay the Contractor, in consideration of the services to be provided by the Contractor, a sum not to exceed Fif- teen Thousand Four - Hundred Dollars ($15,400). Of this amount, the City shall make an initial reimbursement of Five Thousand Dollars ($5,000) for work completed on items 2.A., and 2.B. of the hereinabove referred l Letter Agreement between City & NATIONAL PRINTERS OF AMERICA Re: Contract authorized by Ordinance No. 12333 February 19, 1975 Page 2 to contract. This amount shall be paid out of Project Number CPA- TR -06 -59 -1035. Thereafter the City shall disburse within forty -five days from the date of execution of this contract, for work completed on item 2.C., Three Thousand Dollars ($3,000) of the remaining funds from Project Number CPA- TR -06 -59 -1035. At the same time, a payment of Two Thousand Dollars ($2,000) shall be made from City funds for work completed on item 2.D.(1). The remaining balance shall be paid with City funds upon completion, acceptance and approval of the system by the City. The Contractor shall provide the City with a certification that work has been performed for which he is entitled to payment under the terms of this contract. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder, exceed the maximum sum of Fifteen Thousand and Four - Hundred Dollars ($15,400) for all of the services required. Executed in duplicate, each of which shall be considered an original this the 2� day of February, 1975. ATTEST: A' re 46Ak CitJ Secretary APP jOVED : j DAY OF FEBRUARY, 1975: IiLt_ �hk�h itG -r /NG City Attorney Director Vf Financ CITY OF CORPUS CHRISTI By R. Ma in Townsend, City Manager NATIONAL PRINTERS OF AMERICA By 1 kr'a- CITY OF CORPUS CHRISTI, TEXAS MAYOR YeBy JABON LDBY CITY COUNCIL JANNwYRV F�ROFTE REV. NMpLD T. RRANCN RI DI1RDp OONZALEZ TN pMAB V. ppNSALEO OA@H LOEANO, ER. J. NOWARO 6TARK January 29, 1975 Mr. John Lewis Executive Director GOALS for Corpus Christi 527 South Shoreline Corpus Christi, Texas 78401 Dear Mr. Lewis: CITY MANAGER CITY BECRETARY BILL O. READ CITY OFFICES 3DE DpUTFI DXORELINE POET OFFICE BOX 9Tl/ PNDNE X812] � -3DI, 21P CpDE YB9pB As you are aware, the City Council, by Ordinance No. 12276, passed and approved on September 18, 1974, authorized an agreement between the City and the GOALS for Corpus Christi, hereinafter called "GOALS ", whereby GOALS agreed to perform certain services and the City is to make payment in accordance with the terms of the contract. This contract has been signed by all parties and is in full force and effect. However, in the administration of this contract it has become evident that certain clarifications need be made in order to more accurately formulate the administration of this contract and the working agreement between the City and GOALS. Therefore, this letter shall constitute a Letter Agreement more clearly defining the intent between the parties as that intent existed at the time of execution of the contract and as a clarification of the contract. If this letter constitutes your understanding of the agreement please execute both copies which are hereby transmitted to you and return one signed original to the City indicating your agreement to this clarification. Section I of the hereinabove referred contract relates to the scope of services of the contract. Both parties mutually agree that that contract intended to include, and does hereby include the following scope: In the event a report is published, each report provided to the City must contain an abstract of the publication on the first page after the cover. GOALS shall write the body of the abstract, a 200 to 300 -word description of the report. The City will complete the abstract using the description drafted by GOALS and return it to GOALS so it may be printed and bound in the report. GOALS shall provide at least 30 copies of the published report in the event such publication is made, to be distributed in the following manner: Federal agencies and depositories 20 copies, City departments Letter Agreement between City & GOALS Re: Contract authorized by Ordinance No. 12276 January 29, 1975 Page 2 and division files 10 copies. The City will be responsible for distribu- ting the published reports, if any, to the Federal depositories. Section II of the hereinabove referred to contract relates to the payment for the services rendered by the City. Both parties hereto mutually agree that this Section was meant to provide and does hereafter provide the following: City agrees to pay GOALS, in consideration of the services to be provided by GOALS, the sum of Twenty -five Thousand Dollars ($25,000) or 50 percent of the total cumulative program expenditure, minus income from the sale of publications, whichever is less. Of this amount, the City shall make an initial reimbursement of Five Thousand Dollars ($5,000) for work completed on items I.A and B of the hereinabove referred to contract. Thir amount shall be paid out of Project Number CPA- TX -06 -59 -1035. Thereafter the City shall disburse, for work completed on a reimbursement basis, Fifteen, Thousand Dollars ($15,000) of the remaining funds from Project Number CPA -TX -59 -1055 in accordance with the following schedule: October 1, 1974 $2,000 November 1, 1974 2,000 December 1, 1974 2,000 January 1, 1975 2,000 February 1, 1975 2,000 March 1, 1975 2,000 April 1, 1975 2,000 May 1, 1975 1,000 The final payments shall be made from City funds in accordance with the following schedule: May 1, 1975 $1,000 June 1, 1975 2,000 July 1, 1975 2,000 GOALS shall provide the City with a monthly certification certifying that funds in the amount of at least $2,000 have been expended to achieve the services provided for herein. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of Twenty -five Thousand Dollars ($25,000) for all of the services required. Section V of the hereinabove referred to contract relates to cancellation of the contract. Both parties hereto mutually agree that that Section was intended to mean and does hereby mean the following: If, through any cause, GOALS shall fail to fulfill in timely and proper manner its obligations under this Contract, or if GOALS shall violate any of the covenants, agreements, or stipulations of this Contract, the City Letter Agreement between City & GOALS Re: Contract authorized by Ordinance No. 12276 January 29, 1975 Page 4 GOALS shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. GOALS agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. No officer, member or employee of the City and no members of its govern- ing 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 decision relating to this contract which affects his personal interest and have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. GOALS 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 City thereto: Provided, however, that claims for money due or to become due to GOALS from the City 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 City. GOALS covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner under this contract. GOALS further covenants that in the performance of this contract no person having any such interest shall be employed. Any reports, information, data, etc., given to or prepared or assembled by GOALS under this contract may be made available to any individual or organi- zation by GOALS without the prior written approval of the City. 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 therefrom. All reports, maps, and other documents completed as a part of this contract, other than documents exclusively for internal use within the City, shall carry the following notation on the front cover or a title page (or, in the case of maps, in the same block) containing the name of the City: "The preparation of this report was financed in part by a comprehensive planning grant from the Department of Housing and Urban Development. City of Corpus Christi Project No. CPA- TX -06 -59 -1055 Report Number 15." If this contract results in a book, GOALS is free to copyright the work but the City and the Department of Housing and Urban Development reserve a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. Letter Agreement between City & GOALS Re: Contract authorized by_Ordinance No. 12276 January 29, 1975 Page 5 If this contract results in a book, GOALS shall be free to sell the book at cost and retain the income for program operation. The income from the book shall be deducted from the total cumulative GOALS program expendi- ture for the purpose of determining the net cost on which the City will base its payment to GOALS for services provided under this contract. Executed in duplicate, each of which shall be considered an original this the day of January, 1975. ATTEST: Ci - ecret Fy P VED: AY OF JANUARY, 1975: N4'L4?je=f - 5 Cit Attorney Director o inance CITY OF CORPUS CHRISTI By R. Marvirr Townsend/Cl ty Manager GOALS for Corpus Christi B i s--r ,, 422f,j��-� /1� " GOAL5 Board Chairman f