Loading...
HomeMy WebLinkAboutResolution - 102871A - Agreement - SPAG - Comprehensive Planning Assistance Project - 10_28_1971r 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 with South Plains Association of Governments for completion of services authorized under "701" Program, Project Tex. P-209, 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. Passed by the City Council this 28th ATTEST: La nia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: red O. Senter, Jr., C' Attorney f f ...:�. � .:t .r �s st';• t;-"d.8 i;i:,�^'e s :C _ CONTRACT FOR PERSONAL SERVICES COMPREHENSIVE PLANNING ASSISTANCE PROJECT THIS AGREEMENT, entered into as of this2,&_day of OCTOBER , 1971, by and between THE CITY OF LUBBOCK, TEXAS, (herein called the "CONTRACTOR" and SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (herein called the "PLANNING AGENCY"). WITNESSETH THAT: WHEREAS, the Planning Agency desires to engage the CONTRACTOR to render certain technical or professional services hereafter described in connection with an undertaking which is expected to be partially financed under Section,701 of the Housing Act of 1954, as amended: NOW THEREFORE, the parties hereto do mutually agree'as follows: 1. Employment of CONTRACTOR. The'Planning Agency hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in connection with the Project of the Planning Agency under Comprehensive Planning Grant Contract No. TEX P-209. 2. Area Covered. The CONTRACTOR shall perform all the necessary services provided under this .Contract in connection with and respecting the following area or areas, herein called the "planning area": The City of Lubbock 3. Scope of Services. The CONTRACTOR shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Planning Agency, the following services: a Act as Coordinator for the seven program within the planning area: 701 TEX P-209, 701 TEX P-309, 701 CPA-TX-06-16- 1006, CRP, NDP, UR and EDA. b. Be responsible for assurance of no duplication of work or products under these programs. 4. Data To Be Furnished to CONTRACTOR. All information, data, reports, records, and maps as are existing, available, and necessary for the - carrying out of the work shall be furnished to the CONTRACTOR without charge by the Planning Agency and its member municipalities, and the Planning Agency shall cooperate with the CONTRACTOR in every way possible in the carrying out of the planning work: 5. Personnel. a. The CONTRACTOR represents that he has, or will secureat his own expense,`, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. b. ' •All of the 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 under State and local law to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Planning Agency. 6. Time of Performance. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Contract, but in any event the services required hereunder shall be performed in accordance herewith until June 30, 1972, unless otherwise extended, 7. Compensation. The Planning Agency agrees to pay the CONTRACTOR, upon a lump sum basis, the total sum of TWELVE THOUSAND SIX HUNDRED SIXTY-SEVEN AND N0/100 ($12, 667. 00) DOLLARS for the above services. Such amount constitutes complete compensation for all the services to be rendered. 8. Method of Payment. The Planning Agency will pay to the CONTRACTOR the amount or amounts set forth in Paragraph 7, which shall constitute full and com plete compensation for the CONTRACTOR'S services hereunder. Such sum will be paid in the following manner, in every case,' subject to. receipt of a requisition for payment from the CONTRACTOR specifying -that he has performed the work under this Contract in conformance with the Contract and:that he is entitled to receive the amount requisitioned under the terms of the Contract: 12, 667. 00 when the -services covered by.Paragraph 3 have been satisfactorily completed,l as required here- under, and as determined by the' Planning Agency. F.. It is expressly understood and agreed that in -no event will -the total - compensation` and -reimbursement, if any, to- be- paid: hereunder exceed the maxi'- mum sum of $12, 667. 00 for -all of the services .required: - - 9. Termination of Contract for Cause. If; through any cause,the CON- TRACTOR shall fail to fulfill in timely and proper manner his -obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agree- ments; or'stipulations of this Contract, the Planning Agency shall thereupon have - = the right to terminate this Contract by giving written.notice to the CON -TRACTOR _• of such termination and specifying the effective date thereof, at least 5 days be • "---- fore -the -effective date of such termination. In that event, all finished -or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and •= reports or other material prepared by the CONTRACTOR under this Corhract shall, -' - --- - at the option of the Planning Agency, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other, materials. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to -the Planning Agency for damages sustained by the Planning Agency.: " -by virtue of any breach of the Contract by the CONTRACTOR, and the Planning • - - - Agency may withhold any payments to the CONTRACTOR for the purpose of set- - - - off until such time as the exact amount of damages due the Planning Agency from the CONTRACTOR is determined. 10. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the CONTRAC- TOR of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or un- finished documents and other materials as described in Paragraph 9 above shall, at the option of the Planning Agency,become its property. If the Contract is terminated by the Planning Agency as provided herein, the CONTRACTOR will be paid an amount which bears the same ratio to the total compensation as the ser- vices actually performed bear to the total services of the CONTRACTOR covered -2- M by this Contract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, 'the CONTRAC- TOR shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Con- tract) incurred by; the CONTRACTOR during the Contract period which are di- rectly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the CONTRACTOR, Paragraph 9 hereof relative to termination shall apply. 1.1. Changes. The Planning Agency may, from time to time, require - changes in the- scope of the services of the CONTRACTORtobe performed here-,. under. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation,. which are mutually, agreed.upon by and between, _. the Planning Agency and the CONTRACTOR, shall be incorporated in written amendments to this Contract. 12. Equal Employment Opportunity, t a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, r. color, religion, sex or national origin. _The -CONTRACTOR - -. shall take affirmative action to ensure that -applicants are .k employed and that -employees are treated -during employment, L,:,_ Without regard to their race, color,. religion; sex or nationals.,,; M. • - -r origin. Such actions shall include; but not be limited to the,�cz --- - following: employment, upgrading,::demotions;-or-transfers, -., :''=recruitment_or-recruitment advertising; layoffsor terming _,.,rr , lions; rates of pay or other foams of compensation; _selection- '`'"' " :for training including apprenticeship; and participation in ,recreational and _e ducational activities. =The CONTRACTOR -• - `agrees to post in conspicuous, -.places available -to -employees _.1- , and applicants for - employment notices to be -provided settin forth the .provisions of this non-discrimination clause,': -The -CONTRACTOR will in all solicitations or_advertisements for :-. -employees placed by -.or .on -behalf of. the. CONTRACTOR, --.state that all qualified applicants will receive. consideration for em ployment without regard to race; color, religion, sex or na •_: tional origin. The .CONTRACTOR will cause the foregoing - provisions to be inserted in all sub -contracts for any work - covered by this Contract so that such provisions will be binding .; upon each sub -contractor provided that the foregoing provisions shall not apply to contracts or sub -contracts for standard corn= mercial supplies or raw materials. b. The CONTRACTOR -shall keep such -records and submit such:._ reports concerning the racial and ethnic origin -of applicants for employment and employees as the Secretary may require. _ c, The CONTRACTOR agrees to comply with such rules, regula- tions or guidelines as the Secretary may issue to implement these requirements. 13. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency 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 -3- .�.,.�,ah �-_ �, fi$rn*' zd:;< e n •�:b .� � � e.., .e.;,�n r t+. .: o-a,.r v°P""'st..n'�'" .:sr. e�*ry, "E+^^4.. .. M affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect,. in this Contract or the proceeds thereof. 14. Assignability. 'The CONTRACTOR shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assign- ment or novation), without the prior written consent of the Planning Agency thereto; Provided, however, that claims for money due or to become due to the CONTRAC- TOR from the Planning Agency under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any t such assignment or transfer shall be furnished promptly to the Planning Agency. 15. Officials Not To Benefit. 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 hereof or to any benefit to arise herefrom. 16. Identification of Documents. All reports, maps, and other documents completed as a part of this Contract, other than 'documents -exclusively for internal use within the Planning Agency, shall carry the following notation on the front coves or a title page, (or in the -case of maps, in the sanne block) containing the'name -of the Planning Agency. - The -preparation of thisreport, map, .document, etc., was finances -in pars --through a. Comprehensive planning grant from the Department of Housing and Ur- --ban -Development, `under -the provisions of Section-701 of _the Housing Act of -1954, as amended,.aogeher with the date (month and year) the document was prepared and the name of the municipality, metropolitan -area, or'other. planning -area con- cerned, 17. , Office Space. The services agreed to shall be performed in the, offices of the CONTRACTOR. 18.: Publication, Reproduction and Use of, Material. No material produced LL` in whole .or in part under this •Contract shall be subject to copyright in the United States or in any_other country. The Planning -Agency and HUD shall have unre- ---- ----stricted authority -to publish, disclose; distribute and'otherwise-use, in -whole or _ -- in part, any reports, -data, or other materials prepared under this Contract. 19. Audits and Inspections. At anytime during normal business hours ---- -and as often as the Planning Agency, HUD and/or, the Comptroller General of the United States may deem necessary, there shall be made available to the Planning Agency, HUD and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the Planning Agency, HUD and/or representatives of the Comptroller a General to audit, examine and make excerpts or transcripts from such records, . and to make audits of all contracts, invoices,materials, payrolls, records of personnel, conditions of employment and other date relating to all matters covered by this Contract. The CONTRACTOR shall make the quarterly reports as required by HUD with copies available to the Planning Agency. -4- No Text