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.
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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.
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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.
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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:
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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.
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(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
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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