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HomeMy WebLinkAbout13212 ORD - 06/09/19761XH:vmr:6-8-76;ist- r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCIAL AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS WITH W THE BUREAU OF OUTDOOR RECREATION THROUGH THE TEXAS PARK AND WILDLIFE DEPARTMENT FOR THE DEVELOPMENT OF FLOUR BLUFF PARK AS A PUBLIC OUTDOOR RECREATION AREA; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE; DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY WHEREAS, the City of Corpus Christi is a municipal corporation, a home rule city and a political subdivision of the State of Texas, and is authorized by article 6081r, V.A.C.S., Bureau of Outdoor Recreation through the Texas Parks & Wildlife Department for financial assistance is developing public outdoor recreation areas; and WHEREAS, the City Council desires to receive Federal financial assistance from the Bureau of Outdoor Recreation through the Texas Park & Wildlife Department for the development of Flour Bluff Park for public outdoor recreation purposes; and WHEREAS, the City Council has designated the City Manager as the - responsible officer for the City for the project through Ordinance 12878; and WHEREAS, Flour Bluff Park has been designated for public outdoor recreational purposes through Ordinance 12878: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: SECTION 1. That the City Manager of the City of Corpus Christi is hereby authorized, as the responsible officer for the City for the aforesaid pro- ject, to execute a financial assistance agreement and all other necessary docu- ments with the Bureau of Outdoor Recreation through the Texas Park and Wildlife Department for the development of Flour Bluff Park as a public outdoor recreation area. SECTION 2. The necessity and urgency for immediate action for Federal financial assistance from the Bureau of Outdoor Recreation through the Texas Parks & Wildlife Commission as authorized by Article 6081r, V.A.C.S., creates a public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed MICROFILMED 13212 JUN 161980 finally on the date of its introduction but that such ordinance or resolu- tion 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 be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the I? ay of June, 1976 k ATTEST: - , //., A e'�: � � � z � � �__2t4� Citq Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS VED: DAY OF JUNE, 1976 J. BRUCE AYCOCK, CITY ATTORNEY 3 /A�� dq�� sy Assistant City Attorney UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement State TEXAS I Project Number Project Title Flour Sluff Park Project Period date of approval to 12 -1 -77 Project Scope (Description of Project) The City of Corpus Christi will develop Flour Bluff Park. Construction includes a swimming pool and bathhouse, tennis courts, picnic units and play equipment, - walks and bike trail, restrooms and pavilion, service building, roads and parking, landscaping, sign, and necessary utilities. The project also includes design and layout. The project is located in the southeast part of Corpus Christi at Graham and Waldron Roads. Preagreement costs incurred from 2 -3 -75 to date of project approval in amount not to exceed $1,200 shall be allowable under this agreement. Project Stage Covered by this Agreement Entire Project Project Cost Total Cost $ 440,800 Fund Support 50 Fund Amount $ 220,400 Cost of this Stage $ 440,800 Assistance this Stage $ 220,400 BOR 8 -92 (R-r. AP61 1974) The following attachments are hereby incorporated into this agreement; 1. General Provisions December 1965 2. Project Proposal 3. 4. /X #� " LAND AND WATER CONSERVATION FUND PROJECT AGREEKE36 General provisions A. Definitions 1. The term "BOR" as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior. ` 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act For such Director. 3. The term "Manual" as used herein means the Bureau of Outdoor Recreation Hanual. 4. The term "project" as used herein means that project or project stage which is the subject of this agreement. S. the term "State" as used herein means the State which is a party to this agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it iS.to apply solely to the State. B. Project Execution 1. The State shall ececute and co p2&te the approved project in accordance with the time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director may be cause for the suspension of all obligations of the United States under this agreement. 2. Construction contracted for by the State shall meet the following requirements: (a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. Copies of all bids and acopy of the contract shall be retained for inspection by the Director. (b) The State shall inform all bidders on contracts for construction in excess of $10,000 that Federal funds are being used to assist in construction. (c) Writteh change orders to contracts for construction in excess of $10,000 shall be issued for all necessary changes in the facility. Such orders shall he made a part of the project file and shall be kept available for audit. (d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CFR 3 (1964), wade pursuant to 40 U.S.C. Sec, 276(c) (1964), which require from each contractor or subcontractor a weekly wage payment statement- Such regulations are hereby incorporated into this agreement by reference. (e) The State shall inc•,rporate, or cause to be ism— posted, into all construction contracts the following provisions: "During the performance of this contract, the contractor agrees as follows; "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action 4o ensure that applicants arc employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 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 contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, i= all solicitations or advertisements for employees placed by or on behalf mF the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed. color, or national.origin. "(3) The contractor will send to each labor union or representative of.workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency dantracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No, 3.1246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants far employment. "(4) The contractor will gomply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to aseertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared, ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 If September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by role, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 11(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that In the event the contractor becomes involved in, or is threatened with, litigation with subcontractor o r as endor result of such direction by the contracting agency, the contractor may quest the United States to enter into such litigation to protect the interests of the United States." (f) The State shall (1) comply with the above provisions in construction work carried out by itself, (2) assist and cooperate actively with the' BUR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations, and relevant orders of the Secretary of Labor, (3) obtain and furnish to the BUR and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violatiop of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BUR pursuant to Part II, Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246 of September 24, ',965. 3. The State shall secure completion of the work in accordance with the approved eonst- uetion plans and epee, fications, and shall secure compliance with all applicable federal, State, and local laws and regulations. 4. The State shall permit periodic site visits by the Director to insure work progress in accordance with the approved project, including a final inspection upon project completion. S. In the event funds should not be available for future stages of the project, the State shall bring the project to a point of usefulness agreed upon by the State and the Director. 6. All significant deviations from the project proposal shall be submitted to the Director for prior approval. . 7. Development plans and specifications shall be available for review by the Director upon request. S. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Director. 9. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel, tract or interest. C. Project Costs Project costs eligible for assistance shall be determined upon the basis of the criteria at forth in She Manual. D. Project Administration 1. The State shall promptly submit such reports as the Director may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Director upon request. 3. The State shall use any fiords received by way of advance payment from the United States under the terms of this agreement solely for the project or project stage her described. 4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the State, but shall be disposed of according to instructions issued by the Director. S. Because one of the basic objectives of the Land and Water Conservation Fund Act is to enhance and Increase the Nation's outdoor recreation resources, it is the intent of the parties hereto that recipients of assistance Will use moneys granted hereunder for the purposes of this program, and that assistance granted frmn the Fund will result in a net increase, commensurate at least with the Federal cost - share, in a p.u•ticipant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, ratter than replace or be substituted for, State and local outdoor recreation funds. E. Project Termination 1. The State may unilaterally rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be deemed commenced when the State makes any expenditure or incurs any obligation with respect to the project. _ 2. Failure by the State to comply with the terms of this agreement or any similar agreement say be cause for the suspension of all obligations of the United States hereunder. 3. Failure by the State to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereunder if, in the judgment of the Director, such failure was due to no fault of the State. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertain. able extent the amount of money furnished by the United States by way of assistance under the terms of this agreement, the State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. F. Conflict of Interests 1. No official or employee of the State who is authorized in his official capacity to negotiate, aake, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcootrac 2. No person performing services for the State in connection with this project shall have a financial or other personal interest other than his employment or retention by the State, in any Contract or subcontract in connection With this project. No officer or employee of such person retained by the State shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the State. 3. No me,aber of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupod, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State shall be responsible for enforcing the above conflict of interest provisions. C. Hatch Act No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political actrwity proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118k (1964), with the exceptions therein enumerated. H. Financial Records 1. The State shall oaintain satisfactory financial accounts, documents, and records, and shall mks them available to the BUR, the Department of the Interior, and to the General Accounting office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the State for three years following project termination. 2. The State may use any generally accepted accounting system, orovided such system meta the ®iriiw requirements set forth in the Manual. 1. Use of Facilities 1. The State shall not at any time convert any property acquired or developed pursuant to this agreement to other than the public outdoor recreation uses specified in the project proposal attached hereto without the prior approval of the Director, 2. The State shall operate and maintain, or cause to be operated and maintained, the property or facilitiec acquired or developed pursuant to this agreement in the —er and according to-the standards set forth In the Manual. J. Nondiscrimination t 1. The State shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2. The State shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, 78 Stat. 241 (1964), and with the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 (1964). 3, The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence, K. CompLiance The State shall be responsible for co pliance with the terns of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to coIy with the Terra of this agreement, � L. Manual The State shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual. Said Manual is hereby incorporated into and made a part of this agreenent. Attachment I (Dec. 1965) to Form BOH 8.92 rwr, 7777: The United States 6f America, represented by the Director, Bureau of Outdoor Recreation, United States Department of the Interior, and the State named above (hereinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States:' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: "This agreement is not subject to the provisions of Section B.2(d) of the attached General Provisions, dated December 1965.1' The State shall transfer to the City of Corpus Christi all funds granted hereunder except State administrative expenses as indicated in the attached proposal." "The State agrees to comply with the terms and intent of P. L. 93 -234, the Flood Disaster Protection Act of 1973; P. L. 90 -480, Architectural Barriers Act of 1968; P. L. 91 -646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and all applicable regulations and procedures implementing these Acts." In witness whereof, the parties hereto have executed this agreement as of the date entered below. THE UNITED STATES OF AF.ERICA STATE Signature Title By Bureau of Outdoor Recreation United States Department of the Interior Date State Liaison Officer Title INT: 4004 -74 ADDENDUM NO. I TO PROJECT AGREEMENT FOR Project No. 48 -00409 Project Name and Description Flour Bluff Park - development project Your total contract price - $440,000 Matching funds - $220,000 The undersigned political subdivision of the State of Texas does hereby agree and accept the same responsibility and obligations as set out ht the herein described project and to the same extent and in the same manner, including all requirements, as does the State of Texas. The undersigned political subdivision of , the State of Texas further understands, agrees, and accepts that this project is not effective until this project agreement has been duly executed by the United States of America and by the State of Texas and the said political subdivision is notified accordingly; and no work shall be initiated and /or undertaken by said political subdivision on the herein described project until it has received said notification by the State. STATE OF TEXAS POLITICAL SUBDIVISION By CLAYTON T. GARRISON Name of Political Subdivision Title: State Liaison Officer By Signature Date: Name and Title: (Type) Date: CORPUS CHRISTI, TE AS DAY 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; 1, 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, (2, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON ,rQ� EDUARDO DE ASES ...Q/ RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL / BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE