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HomeMy WebLinkAbout12333 ORD - 10/23/19740 JRR:jkh:10 /22/74:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATIONAL PRINTERS OF AMERICA FOR THE DEVELOPMENT OF A GEOGRAPHICAL PARCEL NUMBERING SYSTEM, WHICH SYSTEM WILL CORRELATE AND MERGE DATA FROM THE TAR DEPARTMENT AND DATA FROM THE LAND USE FILES, TO SERVE AS A TOOL IN COMPREHENSIVE PLANNING, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED MMIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: 0 SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with National Printers of America for the development of a geographical parcel numbering system, which system will correlate and merge data from the Tax Department and data from the Land Use files, to serve as a tool in comprehensive planning, all as more fully described and 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 City Manager to enter into the aforesaid contract in order that the aforesaid system may be commenced at the earliest practicable date 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 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 oV y of October, 1974. ATTEST: �- Ci y Secretary �- MAYO THE CITY OF CORPUS CHRISTI, APPROVED: 01 DAY OF OCTOBER, 1974: l�C EMC. ASST., City Attorney 12333 I'0 HO:bb:10117/74 • STATE OF TEXAS X KNOW ALL MELT BY THESE PRESENTS: COUNTY OF NUECES X WHEREAS the City of Corpus Christi, Texas, a municipal cor- poration, body politic and home rule City under the laws of the State of Texas, hereinafter called City, is the recepient of certain funds under Section 701 of the Housing Act of 1954, as amended; and WHEREAS pursuant to the provisions of that Act the City is undertaking certain planning and management support activities; and WHEREAS National Printers of America, of Austin, Texas, has submitted a proposal for the adoption of a geographic parcel numbering system for the City and such system will be a vital tool in comprehensive planning of the City, and the City is desirous of purchasing said system. NOW, THEREFORE FOR AND Iff CONSIDERATION of the payments, undertakings, and covenants herein, do the City and National Printers of America, hereinafter called Contractor, hereby mutually agree, covenant and contract as follows: 1. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services herein set forth in connection with the partial funding of this project under Section 701 of the Housing Act of 1954, as amended. 2. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by the City, the following services: The adoption and implementation of a geographic parcel iden- tification and numbering system for the City. The implementation of this project will involve the following five major areas of responsibility which the Contractor hereby agrees to perform: A. Contractor will provide a list of discrepancies in land use and tax files, which will be resolved by the appropriate City department. These files include: (1) A list of accounts which are carried on the tax roll with insufficient, or no legal description. (2) A list of accounts which are included in the land use file, which could not be matched to a tax roll account. (3) A set of maps showing properties which contractor is unable to identify from the tax roll or the roll of exempt properties. B. Contractor will provide a file of geoparcel identi- fication numbering system matched to existing account numbers on a format to be specified by the City Department of Data Processing. C. Contractor agrees to provide map documents in the form of a published set of maps created by the Contractor for the transfer of information to existing base maps maintained by the City of Corpus Christi. D. Contractor agrees to submit specifications for the definition of a centralized procedure to maintain merged files. (1) Contractor shall establish a format to update the merged tax /land use data file. (2) Contractor shall assist in the definition of a procedure for parcel number assignment to existing map files and such assistance shall include all changes,for example, changes reflecting new subdivisions, replats or sales by metes and bounds description. E. Contractor shall provide a formal project description according to the Department of Housing and Urban Development specifications for the purposes of docu- mentation and education of various user departments within the City. 3. The City agrees to furnish promptly, upon request of contractor, the necessary maps, computer runs, tax files, land use files and other data necessary to the performance of this contract by the Contractor. -2- 4. 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 City. None of the work or services covered under this contract shall be subcontracted without the prior written approval of the City. 5. The services of the Contractor are to commence as 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. This contract is not for any stated period of time, it is for the completion of the aforesaid project and the City shall have no further liability upon the completion of the study. In no event, however, may the time of completion of this contract exceed ninety (90) days from the date of execution of this contract. 6. The City agrees to pay as compensation for the completion of this system a sum not to exceed Fifteen Thousand Four- Hundred Dollars ($15,400). Of this amount the City will pay Five Thousand Dollars ($5,000) upon acceptance of the contract, Five Thousand Dollars ($5,000) shall be paid to the Contractor within forty -five days from the date of execution of this contract. The remaining balance shall be paid upon completion, acceptance and approval of the system by the City. 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 Four - Hundred Dollars ($15,400) for all of the services required. 7. If, through any cause, the Contractor shall fail to fu1= fill in timely and proper manner, his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City 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 days before the effective date of such termination. In that event, all -3- finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor shall, at the option of the City, 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. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. 8. The City may, from time to time, require changes in the scope of the services of the Contractor to be performed herednder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract.. 9. 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 employ- ment, 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 termination; 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 appli- cants for employment, notices to be provided by the Goverment setting forth the provisions of this nondiscrimination 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, -4- sex or national origin. The Contractor will cause the foregoing pro- visions 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. The Contractor 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. The Contractor agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. 10. This agreement is subject to and incorporates the pro- visions attached hereto as Exhibit "A" and described as "Part II -Terms and Conditi=c", which Exhibit is incorporated herein the same as if written fully herein. Both parties mutually agree to be bound by said terms and conditions. 11. No officer, member, or employee of the City 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 pro- ject, 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. 12. 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 City thereto: Provided, however, that claims for money due or to become due to the Contractor 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. 13. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would -5- 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 in- terest shall be employed. 14. Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this contract may be made available to any individual or organization by the Contractor without the prior written approval of the City. 15. 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. 16. 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 -TS -06-59 -1035 Report Number 14." 17. The City hereby agrees to make available without charge to the Contractor, either at the City's headquarters or in a community or area receiving assistance hereunder, any office space needed by the Contractor in addition to his usual place of business for the performance of the services agreed to under this contract; and the Contractor hereby agrees not to include any charge for such additional space in his fee. 18. 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. All lists, maps, and other documents produced in whole or in part under this contract shall become the property of the City 19. In the event this system is published as a report, each report must contain an abstract of the publication on the first page after the cover. The Contractor shall write the body of the abstract, a 200 to 300 -word description of the report. The City will complete the abstract -6- using the description drafted by the Contractor and return it to the Contractor so it may be printed and bound in the report. 20. The Contractor shall provide at least 30 copies of the published report iu the event such publication is made, to be distributed in the following manner: Federal agencies and depositories 20 copies, City departments and division files 10 copies. The City will be responsible for distributing the published reports, if any, to the Federal depositories. WHEREFORE, WITNESS OUR HANDS binding the respective parties hereto, this the day of , 1974. ATTEST: CITY OF CORPUS CHRISTI Bill G. Read, City Secretary CITY OF CORPUS CHRISTI APPROVED: JAMES R. RIGGS CITY ATTORNEY By (Name) (Title) By R. Marvin Townsend, City Manager For And In Behalf Of The City APPROVED: HAROLD ZICK DIRECTOR OF FINANCE By. (Name) (Title) By NATIONAL PRINTERS OF AMERICA U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD(21B RENEWAL ASSISTANCE ADMINISTRATION CONTRACT FOR PROFF5510NAL OR T= CNNICAL SERVICES C0'MUNITY RENEWAL PRCCRAM Port 11 — Terms and Conditions 1. 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 snail violate any of the covenants, agreements, ' or ati -2ulations of this Contract, the Local Public Body shall thereupon have the right to termj=tF' this Contract by giving written notice to the Contractor of such termination and apeci3yiag the effective date thereof, at Least five days before the effective date of such' termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract ab-111 at the option of the Local Public Body, become its property and the Contractor shall be entitled to recei -re just and equitable compensation for any satisfactory nor§ completed on such documents. Votvitnstaading the above, the Contractor shall not be relieved of liability to the Local Public Body for damages sustained by the Local Public Bcdy by virtue of any breach of the Contract by the Contractor, and the Local Public Bady _ay withhold say payments to the Cont=ractor for the purpose of setoff. uatil such time as the exact amount of damages due the Local Public Body frcn the Contractor is determined. ?. Tarmi3stion for Co=enienc- of Local Public Bo3y, The Local Public Body • =V terminate this Contract any tine by a notic` In writing from the Local Public Body to the Contractor. If the Contract is terminated by'the Local Public Body, as provided her--in, the Contractor will be paid an amount which bears the same ratio to the total cc=>- nsatioa as the services actually L, rforned 'Dear to the total services of the Contractor covered by this Contract, 1e33 payments of coamensation previously made; _Provided, however, that if less than ai.vhy per cent of the services cowered 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. e. ^en3es (not otberV13e rei!rioursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uscomplated portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to tee :zgtioa shall apply. 3. C'a_anges. The Local Public Body =.y, from time to time, request cages in the scope of the services of the Contractor to be performed hereunder.., Such caauges, including any iacr°ase or decrease in the amount of the Ccatreetor's ccrensation, which are mutually agreed upon by and between the Local Public Body and the Contractor, 3b-11 be incorporated in written amendments to this HUD -621 3 (2-69) - 2 - 4. Personnel. a. The Contractor represents that he has, or will secure at his ova expense, all personnel required in performing the services under this Contract. Such personnel sha11 not be eaolayees of or have any contractual relatiOn3hip with the Local Public Body. b. All the services reouired 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 or permitted under State and local law to perform such services. c. fro person who is serving sentence in a penal or correctional institution shall be employed an work under this Contract. 5. Anti - Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate an any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the.Secretary of Labor pursuant to the "Anti - Kickback Act" of June 13, 1934 (48 Stat. ,948; 62 Stat. 74o; 63 Stat. 1C8; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor sba17 comply with all applicable "Anti- Kickback" regulations and shall Insert appraoriate provisions in all subcontracts covering work under this Contract to insure compliance b; subcontractors with such regulations, and shall be respoasible for the aubaissiaa of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- under, the Local Public Body shall withhold from the Contractor out of payments due to him as amount sufficient to pay to employees underpaid the difference between the salaries required 'hereby to be paid and the salaries actually paid such e- Vioyees for the total number of hours worked. The ;mounts withheld shall be disbursed by the Local. Public .Body for and on account of the Contractor or subccat. actor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to clasaifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the.Local.Public Body for the latter's decision which ahall be final with respect thereto. 8. Equal. Employment Qpportunity. Luring the performance of this Contract, the Contractor agrees as follows: a. ine Contractor will not discriminate against any employee or applicant . for employment because of race, color, religion, sex, or national origin. lae Contractor w111 take affirmative action to ensure that applicants are employed, had thati employees are treated during employment, without regari to their race, color, religion, sex, or national origin. Such action sh311 include, but not be limited to, the following: employment, upy ading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 3 _ HUB -621 a- (2- 69) selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Body setting forth the provisions of this nondiscrimination clause. b. The Contractor gill, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration ?or employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing. provisions to be inserted 3.n-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. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against becausa he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Cc=liahce With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. alone of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Bodv - The Contractor shall be as fully responsible to the Local Public Body for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shell insert in each subcontract appropriate provisions requiring coMpliance with the labor'standards provisions of this Contract. 12. Rasignability. The Contractor shall not assiga any interest in this Contract, end shell not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Local. Public Body Provided, hasiever, that claims for money due or to become due the Contractor from the Local Public Body under this Contract may be assigned to a bank, trust ccapaay, 'or other financial institution, or'to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furbished promptly to the Local Public Body. 13. Interest of –Members of Local Public Body No member of the governing body of the Local Public body , and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out cf the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. fro member of the governing body of the locality in which the Project area is situated, and no other public official of such locality, who exercises aay.functions or responsibilities in the review or approval of the ca —,Ding out of the Project to which this Contract p ert a?. ;3, shall have say personal interest, direct or indirect, in this Contract. • Huo•a21s - 4 _ • 15. Interest of Certain Federal Officials. No member of or Delegate to the Cos4:--ea of the United States, aad no Resident Comissioner, shall be admi'ted to aay share or part of this Contract or to any benefit to arise hare-from, lo. Interest of Contractor. The Contractor covenants that he presently h no interest and shall not acgui —e any interest, dir`ct or indirect, in the above - described Project Area or any -parcels therein or any other interest which uotld conflict in any ;sannar Or degree with the merforzaace of his services hereunder. The Contractor further covenants that in the verformsuce of this Contract no person having any zuch interest shall be employed. . 221527 -a (Re 2 -697 4!UD- 'Nosh., p. C. • Corpus Christi, Texas • ,a3 day of , 19_4� 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, MAYOR THE CITY OF CORPUS CHRISTI, 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