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HomeMy WebLinkAboutResolution - 122271C - Agreement - Donal Dillard And Associates - Planning Grant HUD - 12_22_1971II KJ:11 /7-7-�-9 / C RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Donald Dillard and Associates for the preperation of a population and economic report under a 701 Planning Grant, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. A Passed by the City Council this 22 ATTEST: Lavenia Lowe, City cretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., CitL"�14rney U. S. DEPARTMENT. OF., HOUSINQ AND IIRIIAN DEVELOPMENT CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES 2. Termination for Convenience of Local Public Agency. The Local Public Agency,may terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is .terminated by the Local Public 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 bear to the total services of the Contractor covered by this Contract, less pay- ments of compensation previously made: Provided, however-, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise 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, Section l hereof relative .to -termination shall apply.. 3. Changes. The Local Public Agency may, from time to 'time,, request changes in the scope of the services of the Contractor to he'performed hereunder. Such -changes, including any increase or de. .`rease in the amount of the -.Contractor's compensation, which are rautually agreed -upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. : 4,'s Personnel. a. The Contractor represents that he has, .or will secure at his own expensc,_all personnel required in performing the services under this Contract. Such personnel shall not be employ— ees of or have any contractual relationship with the Local Public Agency., b. All thb 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 authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. S. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this -Cop - tract shall be paid unconditionally and not less often than once a month without deduction or rebate on'any account except only such pay- roll deductions as are mandatory bylaw or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti - Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regula- tions and shall insert appropriate provisions in all subcontracts covering work under this_Contract to insure compliance by subcontractors with such regulations, and -shall be responsible for the submission of affidavits required -of subcontractors.thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. aries. If, in the performance of this 6. Withholding —of Sal Contract, there is any underpayment of salaries by the Contractor or by any subcontractor thereunder, the Local Public Agency shall with- hold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries re- quired hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Con- tractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to -classifications of architects, draftsmen, technical engineers, and technicians performing wort: under this Contract shall be promptly reported in writing by the Contractor to the Local Public Agency for the'latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant -for employment because of race, color, religion, sex, or national origin. The Contractor will. take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion, or transfer; recruitment No Text governments, .and shall cotamit no trespass on any public or private property in performinganyof the wort; embraced by this Contract,: 11.Subcontracting. None of the service's covered by this Con- tract shall be subcontracted without the prior written' consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts -and omissions of his subcon- tractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed" by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. 'A§signabllity. The' Contractor -•shall• ftot assign any interest in this Contract, and shall not transfer any interest in the same .(whether by assignment or novation) without the prior written approval of the .Local Public Agency: Provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be'furnished promptly to the Local Public Agency. 13. Interest of Meinber.s of Local Public Agency.. No member of the governing. body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or. responsibilities'in, connection with the carrying out of the .Project to which -.this Contract, pertains,, shall have any. personal. interest, direct or indirect, in this.Contract. No Text CITY OF LUBBOCK, TEXAS URBAN PLANNING ASSISTANCE PROGRAM CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES STATE OF TEXAS X COUNTY OF LUBBOCK X AGREEMENT THIS AGREEMENT, entered into as of this 22 day of December 1971, by and between the City of Lubbock, Texas, hereinafter re- ferred to as the "City" and Donald Dillard Associates, 118 Lake Air Bank East, Waco, Texas, hereinafter referred to as the "Contractor.!' WITNF.SSETH WHEREAS, the City has, under date of VG. 10 , 1970 r entered into a Contract for a grant for preparation of a Comprehen- sive Plan with the United States of America, providing financial aid to the City, under the Urban Planning Assistance Program au- thorized by Section 701 of the Housing Act of 1954, as amended to date, and WHEP.EAS, pursuant to such Contract, the City is undertaking certain activities necessary for the preparation of an updated Population and Economic Base Study, and WHEREAS, the City desires to engage the Contractor to render certain technical advice and assistance in connection with such undertakings as assumed by the Cityr NOW THEPFFOR.E, the parties do mutually agree as follows: Section 1: SCOPE OF SERVICES A. Lubbock Today and Origins of Lubbock 1. The Contractor shall evaluate and update Part One of the 1964 Population and Economics Report including purposes of the study, definition of the study area, and resources of the area, in light of current conditions and the most recent data available. This update will generally sum- marize the characteristics of the growth of Lubbock and Lubbock today. B. Employment Trends in the Lubbock Fegion 1. Analyze and report on the historical relationships, at census intervals, between total population and labor force in the region including studies of the labor force composition by occupation group. 2. The Contractor shall analyze the historical relationships between the population and the employed labor force, at census intervals, for major employment centers in the Lubbock region. 3. The Contractor shall perform an evaluation of the trends in agricultural employment, at census intervals, in the Lubbock region. 4. An evaluation of the non-agricultural employment, at cen- sus intervals in the Lubbock region, shall also be per- formed. C. Lubbock Retail Trade Area 1. The Contractor shall conduct an evaluation of the income and expenditure patterns in Lubbock County and the re- mainder of the Trade Area to determine gross income, per capita income, gross buying income, per capita buying income and retail sales by category. 2. The Contractor shall develop an estimate of retail sales potential for Lubbock. This estimate will be developed through consideration of current trends in per capita sales by category of sales and forecasts of future popu- lation. 3. Work shall include a tabulation and evaluation of observ- able trends in the relationship between total sales by category for the area designated as the CBD and the re- mainder of the City. The evaluation will consider infor- mation generated by the 1970 Census and the 1971 Business Survey in terms of total sales by category, for both the CBD and the remaining area. The percentage share of to- tal sales by category will be tabulated for both areas. 4. A projection of potential retail sales for the CBD will be developed. This projection will be made on the basis of total projected retail sales, an assessment of CBD sales trends, and an assignment of probable future sales percentages in the CBD by category of sales. 5. The Contractor shall develop a projection of potential retail sales in the suburban areas of Lubbock. This projection will be made on the same basis as the pro- jection of future CBD retail sales potential. 6. The study will also include an analysis of current char- acteristics and location of other commercial activities including commercial services, offices and wholesale sales activities. Future characteristics in terms of square foot requirements per population unit by category of activity for suburban locations shall be estimated. D. Population Trends - Lubbock Region 1. An analysis of current and historical census data with respect to total population and characteristics of the population within the region shall be performed. 2. The work shall include an evaluation of comparable popu- lation characteristics within the region as well as in the larger area of which the region is a part. Signifi- cant variations in population characteristics and rates of change will be noted. 3. Projections of total population for the region shall be performed. 4. Various current population characteristics such as popu- lation composition by age, sex and race will be noted and significant characteristics documented. E. Development Potential of Economic Activities Affecting the Growth of Lubbock 1. The Contractor shall perform the following studies of Agriculture, Mining and Mineral Industries, Manufac- turing and Non -Manufacturing Industries: an analysis of current and available historical data concerning produc- tion, employment and land use characteristics, an analy- sis of significant factors affecting future production, employment and land use, and a discussion of the proba- ble character of future production, employment and land use. 2. The Contractor shall provide an assessment of current and historical information concerning military activities as these activities relate to the future development of the City. Due to the comparatively unstable nature of mili- tary activity, a general discussion of possible future effects on the development of Lubbock shall be developed in lieu of precise projections of military activities. 3. The results of the above studies shall be summarized in a form suitable for use in preparing forecasts of future demand for land and building in the Lubbock area, by the City. F. Employment and Population Projections 1. City and County population projections will be prepared on the basis of: a. Historical trends of natural increase and net migration. b. Historical average percent variations per census period. c. Historical average annual percent variations, and d. An average of the above projection methods. e. These projections will be made in terms of five year increments over a period of twenty years. A prelimi- nary recommended population projection will be sub- mitted for review and consideration by the City, prior to the preparation of a final recommendation. 2. City and County employment projections will be made on the basis of trends in the ratio between total employment and total population by major industry group. 3. The projections of population and employment will be pre- sented in a form suitable for use in the preparation of forecasts for land and buildings in Lubbock, by the City. G. Additional Areas of Study 1. Population forecasts for the first and fourth or last five-year increment of the 20 year period shall be made for each Planning Unit. 2. The study shall include a summary evaluation of the over- all stability of the Lubbock industrial base and a dis- cussion of observed strengths.and weaknesses of employ- ment opportunity probable within the forecast period. Section 2: ADDITIONAL SERVICES A. Data Processing 1. Work related to the programming and processing of data related to the 1970 Census, EDA socio-economic and busi- ness surveys, and land use surveys, relevant to the pre- paration of the Population and Economic Base Study, shall be performed by the City or by others at the discretion of the City, and shall be made available to the Contrac- tor at no cost. The Contractor shall coordinate his data needs with the City and others as required to assure that data processing may be reasonably minimized. i B. Reproduction of Reports 1. The Contractor shall provide one preliminary original typed copy of all narrative materials and the original copy of all maps, charts, graphs or other graphic mate- rials in a form suitable for reproduction by the City. Original materials shall be prepared in an eight & one- half inch by eleven inch format on regular bond typing paper or, in the case of graphic materials, on tracing paper. 2. Following a review by the City, the Contractor shall pre- pare one final, original typed copy of all narrative ma- terials and an original copy of all graphic materials, incorporating the necessary additions, deletions or re- visions indicated by the City in the review. Final nar- rative and graphic materials shall be prepared in the same format and on the same materials as the preliminary. 3. Actual reproduction of materials, both preliminary and final, shall be performed by the City at no cost to the Contractor. 4. Acceptance of the final original materials by the City shall constitute completion of the Contractors scope of work and all fees associated with the performance of this work shall become due and payable to the Contractor prior to the reproduction of the final report. Ownership of all reproducible original materials shall be retained by the Contractor until completion of the scope of ser- vices and upon final payments, said materials shall be- come the property of the City. 5. The Contractor shall participate in meetings with the City, and others as required, necessary to the develop- ment of sound conclusions related to the Population and Economic Base study. 6. As work on each major element of the scope, as outlined in Section 1 above, is completed, the Contractor shall submit the narrative and graphic materials in prelimi- nary form to the City for review. Section 3: SUBCONTRACTORS A. The sub -contractor to be utilized under this contract is Dr. Burke Parsons, Director of the Bureau of Business and Economic Research, Hankemer School of Business, Baylor University, Waco, Texas. Section 4: TIME OF PERFORMANCE A. The services of the Contractor are to commence upon the date first written above, and shall be undertaken and com- pleted in such sequence as to assure their expeditious com- pletion in the light of the purposes of the contract, but in any event all of the services required hereinunder shall be completed within 240 consecutive calender days from the date of the contract. Section 5: COMPENSATION A. The Contractor shall be compensated an amount not to exceed Thirteen Thousand Dollars and No Cents ($13,000.00) for services rendered under terms of this contract. B. The total compensation shall be distributed among the major elements of the scope of services as follows: 1. Lubbock Today and Origins of Lubbock: $700.00 2. Employment Trends in the Lubbock Region: 1,500.00 3. Lubbock Retail Trade Area: 3,400.00 4. Population Trends in the Region: 1,200.00 5. Development Potential of Economic Activities: 2,400.00 6. Employment and Population Projections: 1,800.00 7. Additional Areas of Study: 2,000.00 $13,000.00 C. The Contractor shall be compensated by the City in the fol- lowing manner: 1. The Contractor shall submit a requisition for payment, on or about the first of each month, for services ren- dered during the preceding month. 2. Payment requisitions shall be based on the Contractors' estimate of the percentage of work actually accomplished on each of the major elements of the scope of services. 3. Ten percent of the total amount of payment requisitioned each month shall be retained by the City until such time as the City has received and accepted the final original materials submitted by the Contractor. Acceptance of said materials shall constitute completion of the ser- vices required hereinunder and all compensation shall become due. D. The City may, from time to time, request changes in the scope of services to be performed hereinunder. Additional compensation for such changes which are mutually agreed upon by and between the City and the Contractor shall be negotiated and incorporated in written amendments to this contract. Section 6: TERMS AND CONDITIONS A. This agreement is subject to and incorporates the provi-- sions attached hereto and entitled "Part II - Terms and Conditions, Form H-621B," dated February, 1969. Section 7: PREVAILING SALARIES A. Not less than respective salaries prevailing in the loca- lity as determined pursuant to the attached instrument en- titled "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in the respective oc- cupations listed herein employed in the performance of the work under this contract. Section R: FEDERAL ASSISTANCE A. The Contractor agrees to comply with requirements, relative to the acknowledgment of Federal financial assistance. Section 9: TERMINATION A. In the event the City elects to terminate this program and so notifies the Department of Housing and Urban Development, or in the event the Department of Housing and Urban Develop- ment terminates this program and withdraws Grant Funds or in the event that all allocated Grant Funds are expended, then upon the happening of any of the above, this contract shall terminate with the Contractor entitled to payment for services to such date or to the extent of available Grant funds. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. ATTEST: DONA D DILLARD ASSOCIATES: J BY: S Notary Public' Donald D. Dillard, Presiedent ATTEST: BY: 1 Labenia Lowe=City-Secretary December 22, 1971 = Date APPROVED AS TO LEGAL FORM AND LEGAL ADEQUACY Fred O. Senter, Jr. City Attorney CIZ By: Date December 22, 1971 Date