Loading...
HomeMy WebLinkAbout12815 ORD - 09/24/1975AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK /STUDY PROGRAM, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO MARKED EXHIBIT "A ", AND MADE A PART HEREaFr; 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 enter into and execute a contract with the Coastal Bend Council of Governments for a work /study program, all as is more fully set forth in the contract, in substantially the form attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize immediate execution of the aforesaid contract 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of September, 1975. ATTEST: cicy SeCrl§fary MAY W 4D: CITY OF CORPUS CH STI, D: DAY OF SEPTEMBER, 1975: TEXAS City ney As . 12815 COASTAL BEND COUNCIL OF GOVERNMENTS CONTRACT FOR PERSONAL SERVICES THIS AGREEMENT, entered into as of this 17th day of September 19 75, by and between the city of corpus Christi (herein called the "Contractor" and the Coastal Bend Council of Governments (herein called the "Planning Agency "), WITfdESSETH THAT: WHEREAS, The Planning Agency desires to engage the Contractor to render technical or professional services hereafter described in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: 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 per- form personally the services hereinafter set forth in connection with the Project of the Planning Agency under Urban Planning Grant Contract No. 2. Area Covered. The Contractor shall perform all the neces- sary services provided under this Contract in connection with and respecting the following area or areas, herein called the "planning area ": That area epcompassed by the jurisdictional bn9ndaries of the Coastal Bend Council of Governments. 3. Scope of- Services. The Contractor shall do, perform, and carry out personally, in a satisfactory and proper manner, as de- termined by the Planning Agency, the following services: Those services specifically enumerated in Attachment A appended to this Agreement and by this reference incor- porated herein. 4. 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 author- ized 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. :iii /� /T ',,� 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 completed in such se- quence 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 at the completion he the Grant. 6. Compens_ ation. The planning Agency agrees to reimburse the Contractor a total sum no dollars t to exceed Two - Hundred Forty -Six ($246.00) per month for each student employed in the ap- proved 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 shall aconstitute mfull and acompleteereimbursementt for a the6Contrac- tor's services hereunder. Such sum will be paid in one or more payments, in every case, subject to receipt of a requisition for Payment form the Contractor specifying that the funds have been expended for student salary and the proportionate 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 reimbursement, if any, to be paid hereunder exceed the maximum sum of $246.00 per month for each student employed in the student work -study program as per the approved work-study Program appended to this Contract. 8. Termination of Contract for --,7_ ause. If, through any cause, the Contractor shall fail to fulfill n timely and proper manner his obligations under this Contract, or if the Contractor shall Violate any of the covenants, agreements or stipulations of the Contract, 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. 9. Termination for Convenience of Plannin Agency. The Planning Agen— cy gray terminate this Contract at any time by giving written notice to the Contractor of such termination and y giving the effective date thereof, at least fifteen (15) days before the effective date of such termination. If the Contract is ter- minated 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 Con- tractor shall be reimbursed (in addition to the above payments) for that portion of the actual out -of- pocket expenses (not other- wise 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 and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract and, in case of increase, shall only be made in the event the Agency certifies the availability of sufficient funds. 11. Equal Employment -Opportunity. not discriminate against an em to ee or applicant licantoforaemplwill en because of race, color, religion, sex or national origin. p The ent Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, witliGut regard to their race, color, religion„ sex or national origin. Such action shall include, but not be limited to following: employment, upgrading, demotions, or transfers, re- cruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and particiaption in recreational and educational activities. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Con- tractor, state that all qualified applicants will receive consid- eration 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 Contractor agrees totComplymwithesuchSrules, regulations o�C) The guidelines as the Planning Agency may issue to implement these requirements. 12. Interest of Members of Planning A ency 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 govern- ing body, and no other public official of the governing body of the locality or locialities 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 Con- tract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 13. Officials Not to Benefit. No member of or Delegate to the Congress Or 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 docu- ments 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 perparation of this report was financed in part through funds provided by a grant from the U. S. Department of Housing and Urban Development. 15. Copyright. No reports, maps, or other documents pro- duced 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 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 Con- tractor i'rom the Nanning 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 presenfly has no 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 per- formance 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. COAST_ _AL BEND COUNCIL OF GOVERNMENTS Pla 4ect xecutive r —� Contractor Title or Capacity ATTACHMENT A SCOPE Or 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 purpose- fully employ under the currently approved 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 employment benefits associated with the student work -study position. 4. Select a student(s) to be employed in the assigned work - study position. 5. Employ the student(s) at a salary of $246.00 per month for a maximum work week of twenty (20) hours. Salary for any student(s) working less than twenty (20) hours per week shall be calculated at $3.04 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 $185.00 per month in cash or documented eligible in -kind match for each student employed by the agency (match shall be at a rate per hour if student works less than 20 hours per week.) 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 eligible work activities. 10. Provide, to the grastest 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 complement the work of regular employees, and is to the greatest extent practicable, commensurate with the student's education, experience, and professional ambition. 12. Employ the student(s) for the full period of the approved con- tract (unless due to unforeseen circumstances individual or group participation is terminated). 13. Assist the Coastal Bend Council of Governments and the Uni- versity 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 achieveiaents of the program. t 16. Provide to the CBCOG a report at the completion of the p oject. 17. Assist the CBCOG is 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. [Mow 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. B. The Student shall be responsible for the following: I. Satisfactory completion of work assignments. 2. Satisfactory compliance of personnel regulations in the work situation. 3. Successful completion of academic work. 4. Attendance of Work /Study seminar sponsored by the University. 5. Completion of technical reports related to problem - solving situations confronted in the work experience as required by the University to obtain degree credit. 6. Provide the Planning Agency with whatever reports or in- formation is required in order to facilitate program evaluation. ATTACHMENT B STUDENT WORK /STUDY PROGRAM Allocation and Supporting Financial Information for: Students: Student Allocation Monthly Salary at 20 hr /wk Total Monthly Salary $246.00 $246.00 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 Monthly Allocation Per Student In -Kind Match $185.00 CORPUS CHRISTI TEXAS -1 Lfik y ' DAY TO THE MEWERS OF THE CITY COUNCIL COrPU� CNRISrl, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING OHi1NANCEX A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THT CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 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 E CITY OF CORPUS CMISTI� THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY W.... VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE