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Home My WebLink About12823 ORD - 09/24/1975JKH:hb:9 /24/75 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONTRACT WITH THE GOALS FOR CORPUS CHRISTI COMMITTEE FOR $25,000 FOR THE PROVISION OF CITIZEN PARTICI- PATION IN GOALS FOR COMMUNITY IMPROVEMENT TO BE UTILIZED IN THE DEVELOPMENT OF A MASTER PLAN BY THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVISED CONTRACT, IN SUBSTANTIALLY THE FORM 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 1. That the City Manager be and he is hereby authorized to execute a revised contract with the GOALS for Corpus Christi Committee for $25,000 for the provision of citizen participation in goals for community improvement to be utilized in the development of a master plan by the City cf Corpus Christi, all as more fully set forth in the revised contract, in substantially the form attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract 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 but that such 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, 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 aft4it ass age, IT IS ACCORDINGLY SO ORDAINED, this the �� y of 1975. ATTEST: CC t�tar MAYOR Secretary THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: -2�� DAY OF , 1975: �'4'f 4r t- /& f City Attorney 12823 CONTP 1CT This contract is between Goals for Corpus Christi, an un- incorporated association, hereinafter referred to as GOALS and the City of Corpus Christi, Texas, hereinafter referred to as the City. PHEMAS, the City is now engaged in preparing plans for the development of the City and will in the future be engaged in reassessing and implementing such plans; and 14MP.EAS, 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 plans; and ITMREAS, GOALS is an organization of citizens of the community, the purpose of cahich 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 opinions: agreement: PLOW, THEREFORE, the City and GOALS enter into the following I GOALS will provide the following services: A. Prepare a series of television documentaries summarizing alternatives, questions, and background information on the following 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. Participate in community dialogue through neighborhood and group meetings and report on these activities. C. Produce ballot results for the alternatives and questions developed and presented to the public as part of the Goals for Corpus Christi Program. The ballot results are to be given by geo3raphic distribution and racial composition of the respondents on each question or alternative. I1 City agrees to pay GOALS in consideration of the services to be provided by GOALS, the sum of $251000 or 50% of the total cumulative program expenditures, whichever is less. City shall make an initial pay- ment upon execution of this contract, in the amount of $3,400. Thereafter City shall disburse the remaining $21,600 in accordance with the following schedule: September 1, 1975 $3,600 February 1, 1976 $3,600 October 1, 1975 3,600 November 1, 1975 3,600 December 1, 1975 3,600 January 1, 1976 3,600 GOALS shall provide City a monthly certification certifying that funds in the amount of at least $3,600 have been expended to achieve the services provides 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. 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 per - formance 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 If, through any cause, GOALS shall fail to fulfill in timely and proper manaer its obligations under this contract, or if GOALS shall violate any covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to GOALS of such termination and specifying the effective date thereof, at least 30 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 -2- by GO-US under this contract shall, at the option of the City, become its property, and GOALS shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. - Notwithstanding the above, GOALS shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by COALS, and the City may withhold any payments to GOALS for the purpose of setoff until such time as the exact amount of damages due the City from GOALS is determined. The City may terminate this contract at any time by giving written notice to GOALS of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termin- ation. In that event, all finished or unfinished documents and other materials as described above shall, at the option of the City, become its property. If the contract is terminated by the City as provided herein, GOALS will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of GOALS covered by this contract, less payments of compensation previously made. Address of City for purposes of this section is: City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78408. GOALS shall provide the Director of Planning and Urban Development its current address for purposes of this section. V1 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 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 sane (whether by assignment or novation), without the prior written consent of the City thereto: Provided, however, -3- 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 organization 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. EXECUTED IN DUPLICATE, each of which shall be considered an ori.ginal, this day of 1975. ATTEST: CITY OF CORPUS CHRISTI By. Bill G. Read, City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1975: BY GOALS for Corpus Christi ty Attorney GOALS Board Chairman Harold Zick, Director of Finance CORPUS CHRISTI, TEXAS _2KZ DAY OF , , 19..Z•� TO THE MLt;9ERS OF THE CITY COUNCIL COPPLS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING Oli�INANCE, A PUBLIC EMERGENCY AMC IMPERATIVE NECESSITY EX13T 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 SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 13 INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY -x MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boo GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE OLLOWINO VOTE: JA30N LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GAGE LOZANO, SR. EDWARD L. SAMPLE