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HomeMy WebLinkAbout12326 ORD - 10/16/19740 JRR:jkh:hb:10 /15/74:lst AN ORDINANCE AMENDING ORDINANCE NO. 12080 DATED MAY 22, 1974, PERTAINING TO ACCEPTANCE OF THE PROPOSAL OF TRACOR, INC. TO PROVIDE AIRCRAFT NOISE STUDIES OF THE NAVAL AIR STATION, CABANISS AND WALDRON FIELDS, SO AS TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TRACOR, INC. FOR SAID SERVICES, A COPY OF SAID AGREEMENT BEING 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, TEXAS: SECTION I. That Ordinance No. 12080, dated May 22, 1974, pertaining to acceptance of the proposal of Tracor, Inc., to provide Aircraft Noise Studies of the Naval Air Station, Cabaniss and Waldron Fields, be and the same is hereby amended so as to authorize the City Manager to execute an agreement with Tracor, Inc. for the aforesaid services, all as more fully set forth in the agreement, 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 agreement as herein set forth creates a public emergency and an impera- tive 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 emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of October, 1974. APPROVED: 16 DAY OF OCTOBER, 1974: EXEC„ ASST City Attorney MAYO CITY OF CORPUS CHRIS I, TEXAS 1" 26 is THE STATE Or TE;CAS k COUNTY OF PIUECES THIS AGREEMENT, entered into as of this day of , 19 , by and between Tracor Sciences & Systems, hereinafter called the "Contractor ",and the City of Corpus Christi, a municipal corporation and body politic, operating under the.home rule.statutes of the State of Texas, hereinafter called "Planning Agency ", WITDTESSETH : VWREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter described in connec- tion with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: NOW, THEREFORE, the pasties 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 hereinafter set forth in connection with the Project of the Planning Agency under Planning Grant Contract No. CPA- TX -06 -59 -1035. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following areas hereinafter called the "planning area ": a. Naval Air Station Corpus Christi (existing facilities) b. Naval Air Station Corpus Christi (planned facilities) c. Naval Auxiliary Landing Field Cabaniss Field d. Naval Auxiliary Landing Field Waldron Field (revised operations) 3. Scone of Services. The Contractor shall provide, in a satis- factory and proper manner, as determined by the Planning Agency an Aircraft Noise Study resulting from United States Navy flight and ground test operations at the four installations included in the planning area. The services shall include: a. Perform the necessary acoustical measurements which, combined with air traffic information presently available for facilities a, b, and c, and data to be supplied for facility d, with computation of Noise Exposure Forecast (12F) values. b. The result of the above work will be presented in a formal printed report and the NFF contours will be superimposed upon a montage of U. S. Coast and Geodetic Survey maps and supplied in larged scale reproducible transparency form. c. Provide fifty (50) bound copies of the study report as described above. d. Provide on linen or drafting film reproducible copies of all drawings not bound in the study report. 4. Data and/or Assistance to be Furnished to the Contractor. It is understood that the City of Corpus Christi will obtain permission from the United States Navy for Tracor to utilize all pertinent existing data and materials obtained under Contract N62467 -72 -C -0600, and that the City of Corpus Christi will obtain the necessary. permission, clearances, and coopera- tion of the United States Navy for Tracor to perform the herein proposed study. It is further understood that only for Facility 4 (NALF Waldron) will air traffic data be changed from that utilized in the previous Navy work. 5. Personnel.a.The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel 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 Contractor 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 subcontracted without the prior written approval of the Planning Agency. 6. Time of Performance. The services of the Contractor are to commence es soon as practicable after the execution of this Contract and shall be under- taken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed by December 1, 1974. -2- 7. Compensation. For and in consideration of the services required to prepare said study, the Planning Agency agrees to pay the Contractor the lump sum fee of $13,000.00 which shall constitute complete compensation for all services to be rendered. 8. Methad of Payment. Payment will be made by the Planning Agency to the Contractor upon satisfactory completion, as determined by the Planning Agency, of the services above defined to provide the study report. 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 13,000.00 for all of the services required. 9. Termination of Contract for Cause. Ifs through any cause, the Contractor shall fail to fulfill in timely and properrnanner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Planning Agency shall thereupon nave the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 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 equitable compensation for any satisfactory work completed on such documents and other materials. 10. Termination for Convenience of Planning Agency. The P 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 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 9 above shall, at the option of the Planning Agency, become its property. 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 bear to the total. -3- compensation as the services actually performed bear to the total services of the Contractor covered by this Contract: 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 prrtion 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 Contract, Paragraph 9 hereof relative to termination shall apply. 11. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed here- under. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planting Agency and the Contractor, shall be incorporated in written amend- ments to this Contract. 12. 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, six 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 compensa- tion; 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 by the Government setting forth the provisions of this non - discrimination clause. The contractor will in all solicitations or adver- tisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without -4- • 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 provisions will be binding upon each subcontractor; provided that the foregoing provisions shall 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 at the Secretary may require. (c) The contractor agrees to comply with such roles, regulations or guidelines as the Secretary may issue to implement these requirements. 13. 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 participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indicrect, in this Contract or the proceeds thereof. 14. 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. 15. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or in- direct, 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. -5- 16. Findings Confidential. Any reports, information, data,.ete given to or prepared or assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 17. 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. 18. Identification of Documents. All reports, maps, and other documents completed as a part of this Contract, other than documents exclu- sively for internal use within the Plann;nu Agency, 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 Planning Agency: The preparation of this report, and associated maps and documents, was financed in part through a comprehensive planning grant from the Depart - ment'of Housing and Urban. Development, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 19. 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. IN WITNESS WHEREOF this agreement is executed in duplicate, each, of which shall be considered an original, as of the date first above written. ATTEST: Bill G. Read, City Secretary APPROVED AS TO LEGAL FORM THIS day of , 197+ City Attorney Harold F. Zick, Director of Finance ATTEST: THE CITY OF CORPUS CHRISTI By R. Marvin Tm4nsend, City Manager TRACOR, INC. By Secretary Title Corpus Christi, Texas day of , 19 /'C 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, MAY R CITY OF CORPUS C I, 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 Gabe Lozano, Sr. J. Howard Stark