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HomeMy WebLinkAboutOrdinances Book 16, Page 349, No Ordinance Number349 / AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PADUCAH, KENTUCKY, PROVIDING FOR THE DEVELOPMENT OF A COMMUNITY SHELTER PLAN, AND ESTABLISHING A COMMUNITY SHELTER PLAN TECHNICAL_ADVISORY COMMITTEE AND A POLICY ADVISORY COMMITTEE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor be, and he is hereby, authorized and directed to execute a contract between the,United States of America and the City of Paducah, Kentucky, providing for the development of a community shelter plan, in words and figures as follows: ".CONTRACT BETWEEN UNITED STATES OF AMERICA AND CITY OF PADUCAH, KENTUCKY "THIS CONTRACT, entered into this 14th day of September 1967, between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the contracting.Officer executing this contract, and the CITY OF PADUCAH, KENTUCKY, whose address is Paducah, Kentucky, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the parties hereto desire to enter into a Fixed -Price, non- profit contract for the furnishing of certain articles and services for the consideration hereinafter set forth. NOW, THEREFORE, it is agreed as follows: ARTICLE I - STATEMENT OF WORK The Contractor shall provide the necessary personnel, facilities, ap- paratus, materials and services to accomplish the items of work described in Exhibit A, "Scope of Work,".and the Contractor's letter proposal dated 31 August 1967. ARTICLE II - GEOGRAPHICAL SCOPE OF THE PROJECT The Contractor shall develop the Community Shelter Plan for the geo- graphical area known as Paducah - McCracken County, Kentucky. ARTICLE III - DELIVERY SCHEDULE The Contractor shall commence work on receipt of a fully executed copy of this contract and,_shall complete the work for each Step of Ex- hibit A on or before the ates specified in the following schedule: Delivery Date Step lA 29 December 1967 Step 1B 29 December 1967 Step 1C 29 March 1968 Step 1D 29 March 1968 Step II 30 April 1968 Step III 31 July 1968 Step IV 31 July 1968 Step V 30 August 1968 Step VI 30 September 1968 350 The foregoing schedule for delivery of work on Steps ID through VI is subject to timely delivery by the appropriate Corps of Engineers office of the National Fallout Shelter Survey and Smaller Structures Survey data re- quired for Step ID work, on or before 29 December 1967. Later delivery of said data will automatically authorize later delivery of work for Steps ID through VI, by an amount of time equal to the delay'in delivery of said data, but shall not result in any increase in the consideration herein- after specified in Article IV. The Contractor shall not commence Step IC or Step ID until work on Steps IA and IB are completed and finally approved by the Contracting Officer, on behalf of the Government, nor shall the Contractor commence Step II until work on Step LD is completed and finally approved by said Contracting Officer. The Contractor shall deliver the reports required by Exhibit "A" to this contract for above listed steps to U. S. Army Engineer District, P. O. Box 59, Louisville, Kentucky 40201, ATTN: ORLED-C. ARTICLE IV - CONSIDERATION The Contractor shall be paid the total fixed price of FOURTEEN THOUSAND FOUR HUNDRED TEN AND N0/100 DOLLARS ($14,410.00) for the work and services under this contract in accordance with Article V - Method of Payment. ARTICLE V - METHOD OF PAYMENT Estimates shall be made monthly of the amount and value of the work and services performed by the Contractor under this contract, such esti- mates to be prepared by the Contractor and accompanied by such support- ing data as may be required by the Contracting officer. Upon approval of such estimate by the Contracting Officer payment upon properly certified vbuchers shall be made to the Contractor as soon as practicable of 901% of the amount as determined above, less all previ- ous payments; provided, however, that if the Contracting Officer deter- mines that the work is substantially complete and that the amount of re- tained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Contractor such excess amount. Upon satisfactory completion by the Contractor and acceptance by the Contracting Officer of the work done by the Contractor in accord- ance with the "Scope of Work" described in Exhibit "A",:the Contractor will be paid the unpaid balance of any money due for work under said statement, including retained percentages relating to this portion of the work.' It is recognized and understood by the parties hereto that the Contractor has agreed to undertake this work on a non-profit basis and, accbrdirigly, upon completion -of the work under this contract, -,any part of the total fixed price payable under Article IV hereof which ex- ceeds the actual cost of performance of the work will be returned to the Government. ARTICLE VI - INCORPORATED DOCUMENTS The following documents are incorporated in this contract by this reference with the same force and effect as if set forth herein at length: a. Exhibit A, "Scope of Work", attached hereto. b. Contractor's letter proposal, dated 31 August 1967 to the ex- tent not modified or superseded by the terms of this contract. ARTICLE VII - CONFLICTS In the event of conflicts arising among or between this contract and the cited documents, the following shall be the order of priority of in- terpretation: 351 The Articles comprising the Sc Exhibit A, "Scope of Work". The General Provisions of this The Contractor's proposal It is expressly understood and agreed by the parties hereto that this contract represents their entire agreement, wholly superseding any and all prior offers, negotiations, and agreements made by them, their agents and employees. a. Except as otherwise provided in this contract, any dispute con- cerning a question of fact arising under this contract which is not dis- posed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing, and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of re- ceipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the agency involved. The decision of the head of the agency -or -his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessary to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause the Contractor shall be afforded an opportunity to be heard and to offer evidence in sup- port of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. b. This "disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a. above; provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. to the General Provisions for Development attached hereto and made a part hereof. By execution of this contract, the City of Paducah, Kentucky ratifies the letter proposal submitted by Robert W. Levin, Chairman, h Planning Commission, dated 31 August 1967 and Certificate of t Cost Data of the same date included in the proposal. IN WITNESS WHEREOF, the parties hereto have exe of the day, month and year first above written. c. M. Knosp Chief, Supply Division Contracting Officer CITY OF PADUCAH, KENTUCKY (Contractor) Mayor (Title) 352 I,, Certify that I am Clerk of -the City named as Contractor herein; that why signed this contract on behalf of�the City was then Mayor of said City; that said contract was duly signed for and on behalf of said City by authority of its governing body and is within the scope of its powers. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal 04 of said City this day of By SEAL _ . SECTION 2. That the=Mayor be-authoriied:and:directed to establish Advisory a Community Shelter Plan Technical/Committee and a Community Shelter Plan Policy Advisory Committee, or a combined advisory committee, and to establish the membership and make appointments thereto to provide cooperation between participating civil defense and planning entities; serve as an educational device for local officials and citizens; and provide advice and quidance for CSP policy decisions. Such Committee or Committees shall include, in all cases possible, legislative and executive officers of local governments in the CSP area, They may also include representatives of'the State Civil'Defense agency and the State planning agency; as well as local Civil Defense directors from jurisdictions within the CSP area, city planning directors from the CSP area, architects and engineers, news media representatives, military officers from installations within the CSP area, representatives of universities or colleges in the CSP area, church officials, represen- tatives from school boards and local buildingdepartments; representatives of business and industry, and other members as deemed appropriate: SECTION 3. This ordinance shall be in full force and effect from and after its adoption. - Mayor Passed by the Board of Commissioners October 24, 1967 Recorded by Sarah Thurman, City Clerk, October 24, 1967.