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HomeMy WebLinkAbout12364 ORD - 11/20/1974JRR:jkh:11- 19 -74; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE COASTAL SEND COUNCIL OF GOVERW49NTS FOR THE DEVELOPMENT OF AN INFORMATION CENTER TO COLLECT, COMPILE, AND INDEX INFORMATION ON SERVICES AND PROGRAMS FOR THE ELDERLY, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS, MARRED EXHIBITS "A" AND "B ", A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute contracts with the Coastal Bend Council of Governments for the development of an Information Center to collect, compile, and index informa- tion on services and programs for the elderly, all as more fully set forth in the contracts, marked Exhibit "A" and "B ", a copy of each 'being attached hereto and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contracts at the earliest practicable date in order that the projects may be i commenced 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 said ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the said Charter rule and that this ordinance be passed finally on the date of its intro- -Auction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the�C day of November, 1974. ATTEST: Elif Secretary MAYO TEE CITY OF CORPUS CHRISTI, TEXAS A]DqROVED: O DAY OF NOVEMBER, 1974: 1 ASST.0 ty Attorney 1236`f ppp- (2) Contractor agrees to provide matching funds in the amount indicated in the approved project application and to document same in the monthly billing for cost reimbursement. f. Make available at reasonable times and for reasonable periods those books, records, and supporting documents kept current by the Contractor and its Sub - Contractors pertaining to this project for purposes of inspection, monitor- ing, auditing or evaluating by the Area Agency personnel or their representatives. g. (1) Maintain and retain supporting fiscal documents adequate to assure that claims for Federal „matching funds are in accord with applicable Federal requirements. Said document shall be maintained and retained by the Contractor and all Sub - Contractors, if any, for a period of three years after the end of the Federal Fiscal Year if audit by or on behalf of the Area Agency has occurred by that time. (2) If such audit has not occurred, the documents must be retained until audit or until five years following the end of the Federal Fiscal Year, whichever is earlier. In all cases, documents shall be retained until the resolu- tion of audit questions. (3) Contractor agrees to reimburse the Area Agency for any and all project costs determined by audit or otherwise during this project period or at some later date to be ineligible expenditures. h. Comply with Federal Civil Rights Act of 1964, as amended, Article 6252 -16; and Texas Revised Civil Statutes, as amended, including but not limited to, giving equal opportunity both to those seeking employment and those seeking services without regard to race, color, religion, sex, or national origin. i. Establish a method to secure the confidentiality of records relating to clients in accordance with the applicable Federal Law, being Section 402(A) (9) of Title IV, Part A of the Federal Social Security Act, as amended, and the Rules and Regulations issued pursuant thereto as well as the applicable State Law, being Section 33 of Article 695C, Vernon's Texas Civil Statutes, as amended, and the Rules and Regulations issued pursuant thereto. 4. Personnel. 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 rela- tionship with the Area Agency. 5. None of the work or services covered by this Contract shall be sub- contracted without the prior written approval of the Area Agency. 6. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be under-_ taken so as to assure their expenditious completion in the light of the purposes. of this Contract, but in any event all of the'services required hereunder shall be completed on or before June 30, 1975 7. a. Compensation. The Area Agency agrees to reimburse the'Contrac- tor a sum not to exceed $ 3.269.00 for the above services. -2- b. Method of Payments. The Area Agency will pay-to the Contractor the amount or amounts set forth in Paragraph 7. a. above, which shall constitute full and complete compensation for the Contractor's service hereunder. Such sum will be paid in monthly payments upon receipt of a reimbursement voucher for pay- ment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the Contract. S. Termination of Contract for Cause. If, through any cause, 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 this Contract, the Area Agency shall thereupon have the right to terminate this'Contract by giving written notice to the Contractor of such ter- mination 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, and reports prepared by the Contractor shall at the option of the Area 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. Notwithstanding the above, the Contractor shall not be relieved of liability to the Area Agency for damages sustained by the Area Agency by virtue of any breach of the Contract by the Contractor, and the Area Agency may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Area Agency from the Contractor is determined. 9. Termination for Convenience of Area Agency. The Area Agency, if so required by Federal or State directives, may terminate this Contract at any time by giving written notice to the Contractor of such termination and specify- ing the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, and reports prepared by the Contractor shall at the option of the Area 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 matefials. 10. Changes. The Area Agency may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contract's_ compensation, which are mutually agreed upon by and between the Area Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11 Equal Employment Opportunity. a. The Contractor will not discriminate against any employee or person seeking employment with regard to 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 race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, demotions, or transfers, recruit- ment or recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation; selection for training including apprenticeship; and par- ticipation in recreational and educational activities. The Contractor agrees to post in a conspicuous place available to employees and applicants for employment notices to be provided setting forth the provision of this non- descrimination clause. -3- j • 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 by the Area Agency, and as may be required by law. c. The Contractor agrees to comply with such rules, regulations or guidelines as the Area Agency may issue to implement these requirements. 12. Interest of Members of Planning Agency and Others. No officer, member of employee of the Area 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 td this Contract which affects-his personal interest or have any personal or pecuniary interest, direct or indicrect, 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 Area Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior approval of the Area Agency. 14. Officials Not to Benefit. No Members of or Delegates to the Congress of the United States of American, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. - 15. Assignability. The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same without the prior written consent of the Area Agency. 16. 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 Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 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 AREA AGENCY BY ROBERT R. WEAVER, EXECUTIVE DIRECTOR APPROVED AS TO LEGAL FORM AND ADEQUACY CONTRACTOR ATTORNEY AT LAW NAME 5 TITLE —4— CBCOG CONTRACT NO. 77 -1 UNDER AGREEMENT WITH THE STATE OF TEXAS CONTRACT NO. AA3- 0448 -09 COASTAL BEND COUNCIL OF GOVERNMENTS AREA AGENCY ON AGING CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of this 14 day of October 1974, by and between the City of Corpus Christi (herein called the "Contractor ") and the Coastal Bend Council of Governments (herein called the "Area Agency "), WITNESSETH THAT: WHEREAS,'the Area Agency desires to engage the Contractor to render technical or professional services hereafter described in connection with an undertaking which is partially financed by a grant from the Office of the Governor's Committee on Aging under the Federal Older Americans Act of 1965 as amended. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment Contractor. The Area Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services herein- after set forth in connection with the Project as contracted with the Office of the Governor's Committee on Aging under the Federal Older Americans Act of 1965 as amended. 2. Area Covered. The Contractor shall perform all the necessary ser- vices provided under this Contract in connection with and respecting the bound- aries of The Coastal Bend Region 3. Scope of Services. The Contractor shall perform in a satisfactory and proper manner, as determined by the Area Agency, the following services: a..- Employ elderly persons, aged 55 or over, in the development of an ' information center to collect, compile, and index information on services and programs available for the elderly at the -national, state and local levels as more fully set forth in the project proposal, a copy of which is attached hereto and made a part hereof.- Under this contract proposal there are two funding sources to carry out the scope of this program. Reference is hereby made to CBCOG Contract No. &14- Both Contract No. and this Contract No. '77 -/ are under agreement with the State of Texas L Contract No. AA3- 0448 -09. b. Develop job descriptions for the positions being created to employ elderly persons in the performance of this project. c. Observe the Federal requirements in other regulations as spec- ified by the Area Agency and the Governor's Committee on Aging as they relate to particular programs in providing the services contemplated under this Contract. d. Provide the Area Agency a report on progress every other month for services provided in accordance with the procedures prescribed by the Area Agency. e. (1) Furnish the Area Agency with Fiscal Reports and a breakdown of expenditures each month in a format prescribed by the Area Agency. a ; a (2) Contractor agrees to provide matching funds in the amount indicated in the approved project application and to document. same in the monthly billing for cost reimbursement. No matching required in this contract. f. Make available at reasonable times and for reasonable periods those books, records, and supporting documents kept current by the Contractor and its Sub - Contractors pertaining to this project for purposes of inspection, monitor- ing, auditing or evaluating by the Area Agency personnel or their representatives. g. (1) Maintain and retain supporting, fiscal documents adequate to assure that claims for Federal matching funds are in accord with applicable Federal requirements. Said document shall be maintained and retained by.the Contractor-and all Sub - Contractors, if any, for a period of three years after the end of the Federal Fiscal Year if audit by or on behalf of the,Area Agency has occurred by that time. (2) If such audit has not occurred, the documents must be retained until audit or until five years following the end of the Federal Fiscal Year, whichever is earlier. In all cases, documents shall be retained until the resolu- tion of audit questions. (3) Contractor agrees to reimburse the Area Agency for any and all project costs determined by audit or otherwise during this project period or at some later date to be ineligible expenditures. h. Comply with Federal Civil Rights Act of 1964, as amended, Article 6252 -16; and Texas Revised Civil Statutes, as amended, including but not limited to, giving equal opportunity both to those seeking employment and those seeking services without regard to race, color, religion, sex, or national origin. i. Establish a method to secure the-confidentiality of records relating to clients in accordance with the applicable Federal Law, being Section 402(A) (9) of Title IV, Part A of the Federal Social Security Act, as amended, and the Rules and Regulations issued pursuant thereto as well as the applicable State Law, being Section 33 of Article 695C, Vernon's Texas Civil Statutes, as amended, and the Rules and Regulations issued pursuant thereto. 4. Personnel. 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 rela- tionship with the Area Agency. 5. None of the work or services covered by this Contract shall be sub- contracted without the prior written approval of the Area Agency. 6. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be under- taken so as to assure their expenditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall k. be completed on or before June 30, 1975 7. a. Compensation. The Area Agency agrees to reimburse the`Contrac- tor a sum not to exceed $ 9 5n6_ on for the above services. -2- J b. Method of Payments. The Area Agency will pay to the Contractor the amount or amounts set forth in Paragraph 7. a. above, which shall constitute full and complete compensation for the Contractor's service hereunder. Such sum will be paid in monthly payments upon receipt of a reimbursement voucher for pay- \ ment from the Contractor specifying that he has performed the work under this I Contract in conformance with the Contract and that he is entitled to receive the / amount requisitioned under the terms of the Contract. 8. Termination of Contract for Cause. If, through any cause, 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 this Contract, the Area Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such ter- mination 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, and reports prepared by the Contractor shall at the option of the Area 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. Notwithstanding the above, the Contractor shall not be relieved of liability to the Area Agency for damages sustained by the Area Agency by virtue of any breach of the Contract by the Contractor, and the Area Agency may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Area Agency from the Contractor is determined. 9. Termination for Convenience of Area Agency. The Area Agency, if so required by Federal or State directives, may terminate this Contract at any time by giving written notice to the Contractor of such termination and specify- ing the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, and reports prepared by the Contractor shall at the option of the Area 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. Changes. The Area Agency may, from time to tim'e•, require changes in'the scope of services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contract's compensation, which are mutually agreed upon by and between the Area Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. a. The Contractor will not discriminate against any employee or person seeking employment with regard to 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, race, color, religion, sex, or national origin,. Such action shall include, but not be limited to the following: employment, demotions, or transfers, recruit- ment or recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation; selection for training including apprenticeship; and par- ticipation in recreational and educational activities. The Contractor agrees to post in a conspicuous place available to employees and applicants for employment notices to be provided setting forth the provision of this non- descrimination clause. -3- 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 by the Area Agency, and as may be required by law. c. The Contractor agrees to comply with such rules, regulations or guidelines as the Area Agency may issue to implement these requirements. 12. Interest of Members of Planning Agency and Others. No officer, member or employee of the Area 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. 13. Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Contract which the Area Agency requests to be kept as.confidential shall not be made available to any individual or organization by the Contractor without the prior approval of the Area Agency. 14. Officials Not to Benefit. No Members of or Delegates to the Congress of the United States of American, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. 15. Assignability. The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same without the prior written consent of the Area Agency. 16. 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 Contract. The Contractor further covenants that in the performance of this Contract: no person having any such interest shall be employed. 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 AREA AGENCY ROBERT R. WEAVER, EXECUTIVE DIRECTOR APPROVED AS TO LEGAL FORM AND ADEQUACY CONTRACTOR BY ATTORNEY AT LAW NAME 6 TITLE —4— Corpus Christi, Texas oil ay of 19 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 fo lowing vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark S" CALICHE AND.'A4P#4ALT OK. NO COMCMETF IN R.O.W. f2EINF, CONC. PIPE 5713 L'EOPA¢O ST. ED4E OF PAVEMENT - - - -- - EXI4TINQ DITCH 25.0 35.0 50.0 35.0' 20.0" --L- LI\ '4' 35 -0 N d` N WOODY-5, TUCK 5E¢VIC6'� 51NC4 To BE ATTACHED To METAL PANEL'i \IN PLA�sTJC. LEiTEeii IS~ Fhgn IJHUCfMTW- .170 x 100 w 1(0 METAL P.UILDINCI I PAeKI"Cq 1 IVIX2d 1 BO -0 N �F n r l' F!:lUILDIIJC7 LIME C7 0 PL.oT PLAN LOT 17 TLE 1" O.O EP.�ONY ACQESI *1 F34 Z0NINCI A.A.ALLEN CA4E-,#1174 -1 ' C