1830 RES PARIS DOWNTOWN ASSN REQUESTED COP TO ASSIST IN REVITALIZATION OF DOWNTOWN PARISRESOLUTIUN N0. 1830 ,
WHEREAS, the Paris Downtown Development Association, Inc.
has requested the City of Paris to assist it in the revitalization of
downtown Paris; and,
WHEREAS, in Resolution No. 1805 a grant application was
authorized to fur~her said pro ject by hiring a firm to conduct a
study of the downtown area; and,
WHEREAS, J. T. Dunkin & Associates appear to be profession-
ally q_ualified to perform such study and should be engaged, upon the
terms and conditions stated in the contract attached hereto as
Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY TE~E CITY COUNCIL OF THE CITY OF
PARIS, That J. T. Dunkin & Associates be engaged to render techni-
cal and professional services desc'ribed in Exhibi~ A attached hereto;
and,
BE IT FURTHER RESOLVED, That the City Manager of the
City of Paris, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the contract for the above
described services, upon the terms and conditions and in the form
shown in Exhibit A attached hereto, with J. T. Dunkin & Associates.
Passed and adopted this lOth day of October, 1977.
.
a es M. Brun tte, Mayor
ATTEST:
H. C. Gree e, City Clerk
APPROVED TO FORM:
~
T. I<, aynes, City ttorney
the District's ability to remain the center for retailing,
financial, office and other service activities for the citizens
of Paris and surrounding rural areas.
b. Develop and initiate an an-going Plan setting forth the physical
and financial framework for directing and guiding both private
and public expenditures for present and future improvements
in the City's central area.
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c. Outline methods that will motivate and encourage downtown
landowners, merchants and businessmen to develop, on both an
individual and group basis, means of improving the Central
Business District beyond the physical aspect.
To attain these goals, various types of research and investi-
gation will be performed with appropriate data, studies and
plans presented upon which valid conclusions can be reached
and agreed upon for guiding the seope and develapment of the
final Plan and its improvement elements for the central area.
1. A physical evaluation and analysis will be made for the
central area for the purpose of identifying and measuring
those existing elements and conditions which presently
characterize the area. These elements must be recognized,
handled, and when appropriate, modified or changed to become
functional and related elements in the final Plan. Elements
which can be presently identified are outlined as follows:
a. Access and vehicular circulation - An evaluation of
the City's overall thoroughfare plan as it relates
to the Central Area will be made for the purpose of
determining any deficiencies which may impair the
ability of traffic coming to, entering and leaving
the central area.
Traffic counts and data developed by the City's
Topics program will be evaluated, and with assistance
of City personnel, counts to up-date this data will
be made as considered necessary to determine present
volumes and to provide a basis for projecting future
traffic volumes as related to the central area.
Vehicular traffic in the central area will be studied
to determine; (1) basic circulation patterns and
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volumes, (2) means to improve present flow and (3)
alternate methods of handling traffic circulation will
be studied to determine the influence of possible
change in various street segments from a circulation
function to another street function in the final plan.
b. Parking - A parking inventory by type of on and off
street parking used for both public and private use will
be made, with the City's recently enacted plan utilized
and expanded upon as a base for the inventory. An
analysis of present parking will be made and related
to building use for the purpose of determining and
parking deficiencies. Results of this study will
relate to convenience of parking and provide a basis
for expansion of any permanent parking needs projected
by the Plan.
c. Street use - An inventory will be made for right-of-
way widths, pavement types and conditions, and associated
uses within the parkway area such as poles, signs, drives,
storm sewer inlets, building setbacks, and other features
influencing functional use of streets. Results of the
survey will assist in the decision making process con-
cerning needed pavement improvements and availability
of area for open space treatment, and street vehicular
capacity.
d. Use of buildings and land - Tabulation of land and build-
ing uses by type, location and quantity will be made, and
mapped to identify the present use pattern from which
decisions can be made with regard to expansion, modi-
fication and delineation of specific use areas. Attention
will be given to the location of land for future devel-
opment of building and parking needs.
e. Building and structure condition - A tabulation and
mapping of conditions will be made to identify sound
areas, areas of declining structures and extent of decline.
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This survey assists to define those areas for possible
change in use through redevelopment of private property
and will reflect any buildings which have historical
significance and should be retained. .
Vacant buildings by location and quantity of space will
bp,identified in this survey and the data utilized in
the final P1an for determining the proper use or re-use
of such vacant building space.
Other elements which may emerge through the planning
process will also be apprapriately evaluated. .
2. Contractors initial approach to the P1an will reflect input
data and features which are agreed as essential ta the Area's
future stability and growth. Such data wi11 be derived from
various meetings and discussions concerning the present status
of the District. Through following, meetings data will be jointly
refined and cause a plan to evolve having joint agreement.
The final Central Business District Plan will bring together
the following major elements which can be identified at this
time, with any others included which are brought forth during the study and considered important ta the Plan and its imple-
mentation.
a. Access - a plan element coordinated with thoroughfare
improvements to provide community wide access to the
District.
b. Circulation - a plan element to guide the development
and re-development of street use fox circulation and
access in the District.
c. Pedestrian-shopper circulation - a plan element to
coordinate use of street space for pedestrian-shopper
use with the above vehicular circulation plan.
d. Parkin - a plan element delineating location and type
of parking needs based upon appropriate comparison of
present and future parking needs in relationship to
building usage.
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e. Building use - methods will be evaluated and presented
for re-use of buildings when vacancies occur.
f. Open space - a plan element for creating and treating
open space in conjunction with other street usage.
g. Environment - methods will be presented to bring about
improved environmental conditions through coordination
of signage, lighting, building maintenance, and arch-
itectural emphasis for new buildings or those to be
re-furbished.
h. Capital improvement structure - A framework plan match-
ing projected improvements with their appropriate cost
estimates and establishing priorities.
i. Investigation will be made and presented concerning
methods available to both the private and public sectors
for financial assistance in implementation of the Plan.
j. Organizational structures will be presented and dis-
cussed which are needed to stimulate interest and
continuing participation in rhe Plan implementation
stage by the private sector.
5. Conditions.
a. Contractor shall make himself available for all meetings whieh
will be necessary to gain input and acceptance of the preliminary
work and final plan.
b. The Study will be published in report form with tabular and map
data accompanying the text of the Study to adequately discuss
and support research data and elements of the.Plan. Eighty
copies of the Study will be furnished.
6. Data to be Furnished to Contractor. The City shall cooperate with
the Contractor in every way possible and hereby agrees to supply the Contractor
with all inhouse data and information about the Downtown area, without cost
to the Contractor.
7. Time of Performance. The services of the Contractor are to commence
as soon as practicable after the execution of this Contract and shall be
undertaken and completed in such sequence as to assure their expeditious com-
pletion in the light of the purposes of this Contract, but in any event aIl of
the services required hereunder shall be completed on or before June 30, 1978.
Page 6
8. Compensation. The City agrees to pay the Contractor the total sum
of $10,500.00 for the services.
9. Method of Pavment. The City will pay the Contractor 1/3 of the total
sum upon completion of physical evaluation of the Downtown Area; 1/3 of the
total sum upon submittal of completed Study; 1/3 of the total sum upon
acceptance of the Study. The total sum of $10,500.00 paid to the Contractor
shall constitute full and complete compensation for services rendered.
It is expressly understood and agreed that in no event will the total
compensation and reimbursement, if any, to be paid hereunder exceed the max-
imum of $10,500.00.
10. Termination of Contract for Cause. If, through any cause, the Con-
tractor shall fail to fulfill in a timely and proper manner its obligations
under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the City shall thereupon have
the right to terminate this Contract by giving written notice to the Contractor
of such termination, specifying the effective date thereof, at least 5 days
before the effective date of such termination. In that event, all finished
or unfinished documents, and other materials described in paragragh 4 above,
prepared by the Contractor under this Contract shall, at the option of the .
City, 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 City for damages sustained by the City by virtue of any
breach of the Contract by the Contractor, and the City may withhold any pay-
ments to the Contractor for the purpose of setoff until such time as the
exact amount of damages due the City from the Contractor is determined.
11. Termination for Convenience of City. The City may terminate this
Contract at any time by giving notice to the Contractor of such termination
and specifying the effective date thereof, at least 15 days before the effect-
ive date of such termination. In that event, all finished or unfinished
documents and other materials as described in Paragraph 4 above shall, at
the option of the City, become its property. If the Contract is terminated
Page 7
by the City 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 Con-
tract, 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 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, Paragraph 10 hereof relative to termination shall apply.
12. Changes. The City may, from time to time require changes in the
scope of the services of the Cantractor to be performed hereunder. Such
changes, including any increase or decrease in the amount of the Contractorts
compensation, which are mutually agreed upon by and between the City and the
Contractor, shall be incorporated in written amendments to this Contract.
Any change in this Contract must be mutually agreed to in writing by both
parties herein before the same shall become binding.
13. Equal Employment Opportunity.
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex
or national origin. The Contractor shall 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 actions shall
include, but not be limited to the following: employment,
upgrading, demotions or transfers, recruitment or recruitment
advertising; layoffs or terminations; rates or pay or other
forms of compensation; selection for training including appren-
ticeship; and participation in recreational and educational
activities. The Contractor agrees to post in conspicuous places
availab].e to employees and applicants for employment notices
to be provided setting forth the provisions of this non-
discrimination clause.
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b. The Contractor will state in all solicitations or advertisements
for employees placed by or on behalf of the Contractor that all
qualified applicants will receive consideration for employment
without regard to race, color, sex or national origin.
c. The Contractor will send each labor union representative of
workers with which it has a collective bargaining agreement or
other contract or understanding a notice, advising the labor
union or worker's representative of the Contractor's commitments
to equal employment opportunity and affirmative action and shall
post copies of the notice in conspieuous places available to
employees and applicants for employment.
d. The Contractor will comply with all applicable equal opportunity
laws, rules, regulations and orders.
e. The Contractor will furnish all information and reports and will
permit access to its books, records and accounts for purposes of
investigation to ascertain compliance with equal opportunity and
affirmative action.
f. In the event of the Contractor's non-compliance with the equal
opportunity conditions of this contract, this contract may be
cancelled, terminated or suspended in whole or in part, the
Contractor may be declared ineligible for further contracts
and such other sanctions may be imposed and remedies invoked
as otherwise provided by law.
g. The Contractor will include all clauses "a" to "g" inclusive
in every eligible subcontract or purchase order so that such
provisions will be binding upon each subcontractor or vendor.
14. Interest of Members of City and Others. No officer, member, or
employee of the City 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 Froject, shall participate in any decision relating to this Contract
which affects his personal interest or the interest of any corporation,
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partnership or association in which he is, directly or indirectly interested
or have any personal or pecuniary interest, direct or indizect, in this
Contract or the proceeds thereofe
15. Assignability. The Contractor shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assign-
ment of novation), without the prior written consent of the City thereto:
Provided, however, that claims for money due or to become due to the Con-
tractor from the City under this Contract may be assigned to a bank, trust
company or other financial institution without such approval. Notice ot any
assignment or transfer shall be furnished promptly to the City.
16. Interest of Contractor. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of services
required to be performed under this Contract. The Contractor further cove-
nants that in the performance of this Contract no person having any such
interest shall be employed.
17. Findings Confidential. Any reports, information, data, etc., given
to or prepared or assembled by the Contractor under this Contract which the
City requests to be kept as confidential shall not be made available to any _
individual or organization by the Contractor without the prior written
approval of the City.
18. 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.
19. Identification of Documents. Al1 reports, maps and other documents
completed as a part of this contract, other than documents prepared exclusively
for internal use within the City, shall carry the following notation on the
front cover or a title page and on the face of maps.
PREPARED THROUGH THE COOPERATION
OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF TEXAS
The preparation of this report was financed in part through
Comprehensive Planning Assistance Grant No. CPA-TX-06-00-1187
from the Department of Housing and Urban Development.
Page 10
20. Office Space. The City hereby agrees to make avai.lable without
charge to the Contractor, office space for the performance of the ser.v:Lces
agreed to under this Contract.
21. Publication, Re rp oduction and Use of Material. NQ material pro-
duced in whole or in part under this Contract shall be subject to copyright
in the United States or in any other country. The City, TDCA and HUD sha11
have unrestricted autharity to publish, disclose, distribute and othexwise
use, in whole or in part, any reports, data, or other materials prepared
under this Contract.
22. Audits and-Inspections. At any time during normal business hvuzs
and as often as the City, TDCA, HUD and/or the Comptroller General of the •
Unzted States may.deem necessary, there sha11 be made available to the Citiy,
TDCA, HUD and/or representatives of the Comptroller General for examination
all of-.its records with respect to all matters cavered by this Contract and.
wi.ll permit the City, TDCA, FND and/or representatives of th.e Comptroller
General to audit, examine and make excerpts or transcripts from such
records, and make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Contract.
IN WITNESS WI-IEREOF the City and the Contractor have executed this
Agreement as'of the date first above written. . ATTEST: CITY OF PARIS
H. C. GREENE, CITY CLERK
Kerry R. Sweatt, City Manager
ATTEST:
APPROVED AS TO FORM:
J. T. DUNKIN & ASSOCIATES
T. K. Haynes, City Attorney
STA TE OF TEXA S 0
COUNTY OF LAMAR 0
BEFOkE ME, the undersigned authority, on this day personally
appeared KERRY R. SWEATT, City Manager of the City of Paris, known
to me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of October, 1977.
Notary Public, Lamar County, Texas
STATE OF TEXAS 0
COUNTY OF 0
BEFORE ME, the undersigned authority, on this day personally
appeared J. T. DUNKIN, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of October, 1977.
Notary Public, County, Texas