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HomeMy WebLinkAbout18548 ORD - 11/13/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI WHICH AUTHORIZED PAYMENT OF SECTION 112 FUNDS OF THE FEDERAL AID HIGHWAY ACT TO THE METROPOLITAN PLANNING ORGANIZATION WHICH AMENDMENT PROVIDES FOR OWNERSHIP OF DOCUMENTS AND LIABILITIES OF PARTIES IF THE CONTRACT IS TERMINATED, RECORD AND AUDIT REQUIREMENTS, AND MINORITY BUSINESS AND NON-DISCRIMINATION STATEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an amendment to the contract between the State of Texas and the City of Corpus Christi which authorized payment of Section 112 Funds of the Federal Aid Highway Act to the Metropolitan Planning Organization which amendment provides for ownership of documents and liabilities of parties if the contract is terminated, record and audit requirements, and minority business and non-discrimination statements all as more fully set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned amendment at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 13th day of November, 1984. ATTEST: --"C Secretary APPROVED: 13DAY OF NOVEMBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR 18548 THE OF CORPUS CHRISTI, TEXAS AMENDMENT TO CONTRACT BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI (THE METROPOLITAN PLANNING ORGANIZATION) STATE OF TEXAS COUNTY OF TRAVIS The State Department of Highways and Public Transportation, hereinafter called the State, and the City of Corpus Christi, hereinafter called the Metropolitan Planning Organization (MPO), executed an agreement on February 4, 1981 wherein the MPO agrees to assume the planning work authorized by the City of Corpus Christi in exchange for reimbursement of authorized costs incurred for the work described therein. I. This amendment is made to include the following additional terms and conditions: 1. Changes in Work Changes in the scope, objectives, character, cost or complexity of the work as approved in the Annual Unified Work Program shall be approved by the State and U.S. Department of Transportation before additional work may be performed or additional costs incurred which will be eli- gible for reimbursement. 2. Disputes A. The MPO shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in all disputes regarding non - procurement issues, and the State's decision shall be final and binding. 3. Ownership of Documents All data, materials and other documents created or collected under the terms of this agreement shall become the property of the State and copies of such data and material shall be furnished to the State on request. 4. Remedies Violation or breach of contract terms by the MPO shall be grounds for - termination of the contract, and any increased cost arising from MPO default, breach of contract, or violation of terms shall be paid by the MPO. This agreement shall not be considered as specifying the exclusive • remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. -1- 5. Termination A. The State may terminate this contract in part or in whole at any time before the date of completion whenever it is determined that the MPO has failed to comply with the conditions of the contract. The State shall give written notcie to the MPO at least seven days prior to the effective date of termination and specify the effec- tive date of termination and the reason for the termination. B. If both parties to this contract agree that the continuation of the contract in whole or'in part would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. C. Upon termination of this contract, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reorts, maps, drawings, models, photographs, etc., prepared by the MPO shall, at the option of the State, become the property of the State. D. The State shall compensate the MPO for those eligible expenses incurred during the contract period which are directly attribu- table to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The MPO shall not incur new obligations for the terminated portion after the effective date. E. Except with respect to defaults of subcontractors, the MPO shall not be in default by reason of any failure in performance of this contract in accordance with it terms (including any failure by the MPO to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the MPO. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in either its sovereigh or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the MPO. 6. Equal Employment Opportunity The MPO agrees to comply wi Employment Opportunity" as supplemented in Department 7. Records and Audit A. The MPO agrees to maintain statistical records, and al contract to the extent and Circular A-102, Attachment part of this contract. th Executive Order 11246 titled "Equal amended by Executive Order 11375 and as of Labor Regulations (41 CFR, Part 60). financial records, supporting documents, 1 other records pertinent to this in such detail as is required by OMB C, which requirements are hereby made a B. The United States Secretary of Transportation, the Comptroller General of the United States, the Engineer -Director of the State Department of Highways and Public Transportation, and the Texas State Auditor, or any of their duly authorized representatives, shall have access to the records described in paragraph A above at all reasonable times during the contract period and for the period set forth in paragraph C below for the purpose of making audits, examinations, excerpts, and transcripts. -2- C. Financial records, supporting documents, statistical records, and all other records pertinent to the contract shall be retained for a period of three years from final payment, with the following qualifications: 1. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. 2. Records for nonexpen4able property acquired in whole or in part with Federal or State funds shall be retained for three years after its final disposition. 3. When records are transferred to or maintained by the Federal or State sponsoring agency, the three-year retention require- ment is not applicable to the MPO. D. The MPO further agrees to include these provisions in each nego- tiated subcontract. 8. Procurement Standards The MPO shall use its own procurement standards provided that those standards meet or exceed the requirements of OMB Circular A-102, Attachment 0. 9. Audit Requirements The MPO shall comply with audit requirements of OMB Circular A-102, Attachment P. II. Item 13 of the contract is amended as follows: It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts finance in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows. The MPO agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the MPO shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The MPO and any Subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. -3- III. Attachment C of the Agreement, "Contract Addendum: Nondiscrimination", is amended to include reference to 23 CFR 710.405(b) as shown on the attachment to this amendment. IV. Should any part of this amendment be in conflict with other provisions of the contract, the terms of this amendment shall take precedent. IN WITNESS WHEREOF, the parties to this amendment have executed duplicate counterparts this day of , 1984. STATE OF TEXAS CITY OF CORPUS CHRISTI Certified as being executed for the purpose and effect of activating and/or carrying out the orders established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission. By: By: Attest: State Transportation Planning Engineer Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute 78501 and Adminsitrative Order 29-81. Date: -4- CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, the , for itself, its assignees andsuccessorsin interest (hereinafter referred to as the "MPO"), agrees as follows: (1) Compliance with Regulations: The MPO shall comply with the regulations relative to nondiscrimination in Federally -assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The MPO, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub- contractors, in_luding procurements of materials and leases of equip- ment.- The MPO shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or nego- tiation made by the MPO for work to be performed under a subcontract, including procurements of materials or leases of equipment, each poten- tial subcontractor or supplier shall be notified by the MPO of the MPO's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.' (4) Information and Reports: The MPO shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be. determined by the State Department of Highways and Public Transportation or the U. S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a MPO is in the exclusive possession of another who fails or refuses to furnish this information, the MPO shall so certify to the State Department of Highways and Public Transportation or the U. S. Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. -1- (5) Sanctions for Noncompliance: In the event of the MPO's noncompliance with the nondiscrimination provisions of this contract, the State Department of Highways and Public Transportation shall impose such contract sanctions as it or the U. S. Department of Transportation may determine to be appropriate, including, but not limited to: (a) withholding of payments to the MPO under the contract until the MPO complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions: The MPO shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The MPO shall take such action with respect to any subcontract or procurement as the State Department of Highways and Public Transportation or the U. S. Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a MPO becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the MPO may request the State Department of Highways and Public Transportation to enter into such litigation to protect the interests of the State; and, in addition, the MPO may request the United State to enter into such litigation to protect the interests of the United States. J -2- Corpus Christi, Texas /3.4kday of , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed,.y the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18548