Ordinance No. 2,005ORDINANCE NO.2005
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK OFTHE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY
AFFAIRS WITH REGARD TO A YOUTH CONSERVATION CORPS
PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,
Texas,hereby approves the contract providing for a Youth
Conservation Corps Program in and/or around Baytown,Texas,
and authorizes and directs the City Manager and City Clerk
of the City of Baytown to execute and attest to said contract.
A copy of said contract is attached hereto,marked Exhibit
"A,"and made a part hereof forall intents and purposes.
Section 2:This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this 13th day of
May,1976.
•j*—•"y?>-«.%^
TOM GENTRY,Mayor
ATTEST:_
EILEEN P.HALL,City Clerk
APPROVED:
■S
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Physical or Mental Handicap
8.The Contractor will not discriminate against any employeeor applicant
for employment because of physical or mental handicap in regard to any
position for which the employee or applicant for employment is qualified -
.The Contractor agrees to take affirmative action to employ,advance
in employment and otherwise treat qualified handicapped individuals,
without discrimination based upon their physical or mental handicap in
all employment practices such as the following:employment upgrading,
demotion or transfer,recruitment or recruitment advertising;layoff
or termination,rates of pay or other forms of compensation,and selection
for training,including apprenticeship.\
9-The Contractor agrees to institute a complaint procedure to test imple
mentation under this part and otherwise comply vith all laws and regula
tions applicable to the employment of the handicapped which are hereby
"".;•'■incorporated by reference.Without limitation,,this-will include:(1)
establishment of an affirmative action program;(2)appropriate pro
mulgation,internally and externally;(3)annual program review and
monitors;and,(4)designation of program responsibility.
Age
10.The Contractor will not discriminate in employment against any person
because of their age or specify,in solicitations or advertisements,
a maximum age limit except and unless it is based upon abona fide
'occupational qualification,retirement plan,or statutory requirement.
D.Real and Personal Property:The Contractor agrees that,as owner,lessee,
assignee or managing agent of real or personal property,it will notrefuse
to rent,lease,sell or otherwise deny such property to any person(s)because
of race,color,religion,sex or national origin;nor will the Contractor
discriminate in the terms or privileges of the rental,lease or sale or
:ia the furnishing ofservices in connection therewith.Advertisements,•soli-
citations,notices,statements,or circulations pertaining thereto will not
limit,prefer,or discriminate on the basis of race,color,religion,sex or
national origin.
E.Minority and Female Entrepreneurship:Consonant with and in furtherance of
equal opportunity under law,the Contractor agrees to consider and make reason
able use of minority-owned and female-owned businesses in the procurement
ofgoodsand services,in the use of real or personal property,and in contract
ing for construction.In all instances,affirmative emphasis will be given
minority-owned and female-owned businesses offering comparable quality and
value.The Contractor will similarly promote equal opportunity/affirmative
action on behalf of minority-owned and female-owned businesses in its finan
cial agreements.
Section VI.Department Monitoring
The Contractor shall permit the Department to inspect and shall make available
to Department for inspection any andall pertinent records,files,information
or other written materials maintained by the Contractor or any person or other
entity with whom any portion of the performance has been subcontracted.The
Contractor shall permit Department free access to all premises under its control
544
B Nonsegregated Facilities:The Contractor certifies that all employee facilities
under its control are provided in such a manner that segregation whether
by habit,local custom,or otherwise,on the basis of race,religion,color
or national origin,cannot result.Further,the Contractor will not assign
or permit employees to perform services at any location under its.control
where facilities are segregated.Identical certifications from any proposed
subcontractors will be obtained by the Contractor as a condition of subcon-
tract award.
C.Employment:Race,Religion,.Color,Sex or National Origin
The Contractor will not discriminate against any employee or applicantforemploymentbecauseofrace,religion,color,sex or national origin..The Contractor will take affirmative action to insure that applicants
—are employed and that employees are treated during,employment without
•«&&&reaard to their race,religion,color,sex or national origin.SuchWZ-acSon snalrSdude but not be limited to,the following:employment,■^^^^demotion or transfer;recruitment or recruitment advertising;ingTdeaotion or transfer;recruitment orlayoffortermination;rates of pay or other forms of compensation;and
selection for training,including apprenticeship.The Contractor agrees
to post,in conspicuous places available to employees and applicants
for employment,notices setting forth the requirements of these non-
discrimination provisions.
2.The Contractor will state in all solicitations or adJ'ertis"nen^.^.employees placedby or on behalf of the Contractor that all qualifiedappUcantswUlreceiveconsiderationforemploymentwithoutregardto
race,religion,color,sex or national origin.
The Contractor will send to each labor union representative of workers
££i2E53H«35^5E53H35^££2^£i«and shall post copies of the notice i^available to employees and applicants for employment.
4.The Contractor will comply with all applicable equal opportunity laws,
rules,regulations,and orders.
5.
action.
In the event of the Contractor's noncompliance with the equal PPconditionsofthiscontract,this contract may be cancelled terminated
or suspended in whole or in part,the Contractor may be declared in-eligible for further contracts and such other sanctions may be imposed
and remedies invoked as otherwise provided by law.
will be binding upon each subcontractor or vendor.
545
or under the control of any person or other entity with whom any portion of the
performance has been subcontracted.
1%Sectin VII.Amendments
"i^/This instrument constitutes the entireagreement of the parties hereto for the
JS&r pUrposes contemplated herein and any alteration,additionor deletion to terms
:v,3|p of this contract shall be by amendment hereto in writing and executed by both
(S^f.parties hereto.
Section VIII.Early Termination 'v.
Either of the parties hereto shall have the right insuch party's sole discretion
and at such party's sole option,,to terminate and bring to an end all performances
to be rendered under the terms hereof by notifying the-other party hereto-in
writing of such termination at least thirty (30)days prior to the effective
date of-such termination.Should neither party exercise their right to terminate,
this contract shall terminate in accordance with the provisionsof Section IV.
Section IX.Maintenance of Efforts
The Contractor agrees that the funds and resources provided to the Contractor under
the terms of this contract willbe used solelyfor expendituresin payment of
the performance required of Contractor by this contract and that such funds and
resources will inno way be substituted for funds and resources from other sources
nor in any way serve to reduce the resources,services or other benefits which
would have been available to,or provided through,the Contractor had this con
tract not been executed.
Section X-Independent Contractor
It is expressly understood and agreed by both parties hereto that the Department
is contracting with Contractor as an independent contractor,and that Contractor,as su^agrees to hold the Department harmless and indemnify it from and against
anyand all claims,demands,and causes of action of every kind and character which
may be asserted by any thirdparty occurring or in any way incident to,arisingo^t of,or in connection with,the services to be performed by Contractor under
this contract.•
Section XI.Compliance withLaw ■--
Contractor shall comply with all applicable laws,ordinances,codes and regula
tions of local,state,and federal governments.
Section XII.Conflict ofInterest
No officer or employee of the Department and no member of the Department's Advisory
Council andno employee of the Contractor and no member of the Contractor s govern
ing board or body and no person who exercises any functionsor responsibilities
in the review or approval of the undertaking or carrying out of this contract shall
participate in any decision relating to-this contract which affects their personal
pecuniary interest.For breach or violation of this warrant,the Department shall
have the right to annul this contract without"liability,or,in its discretion,
to deduct from the award,or otherwise recover the full amount of such commission,
percentage,brokerage,or contingent fee.
^^$
Contractor covenants that they presently have no interest and shall not acquire
any interest,direct or indirect,which would conflict in any manner or degree
with the performance of servicesrequired to be performed under this contract.
Contractor.further covenants that in the performance ofthis contract no person
having such interest shall be employed.
WITNESS OUR HANDS THIS THE day of ,1976.
Contractor
By:
Approved and accepted onbehalf of the Texas Department of Community Affairs,an
agency of the State of Texas..
Ben F.McDonald,Jr.
Executive Director
Texas Department of Community Affairs
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This contract is not effective unitl signedby the Executive Director of the
Department.
Approval recommended:
DivisionDirector
Deputy Director
Legal Counsel
Fiscal Director
ATTACHMENT
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teal staca pro3ec
the following
that the total operation cost for any of the enumerated purposes may be
changed by not more than 10Z provided that the total project cost is not
changed and provided that notification of any such change is provided promptly
by Contractor to the Department.
:-^r^■'PURPOSE -OPERATION COSTS /\
'.£?%&-"■■'v,'■'■■',■F,N-F
:J^L'-A..General.V ■■■;'.•
i0S-r '•■Includes expenditures for
/v|;;medical first aid expense,utilities,..v
•?ips§r-:^maintenance costs;,recreation,all .••
.■f^fcv ;>supplies not otherwise identified)a..-$-0-670 .;
i£l?!*J-'v?^":'-:-:::--■■:•_/;.•;,;:;■■■■"■.■»•..:;•••:...^._.-
r-s^f""-Br.is.Staff Pay.Vilncludes pay,benefits,"
':^^r '.^and travel,net of any deductions -?'...
f'W^gd :^iaa.de for.meals and quarters fur---.filiti,-j^nished ►i:.............J..^................v $4,987.-..2,935
Vji^r C.Enrollee Pay.Includes pay,
v-^,'benefits,and transportation .-■
.;of enrollees _$13,713 ,-0-
'■-.tv'i.-
-•>.
•■vv?Ji:.;..:
D.1 Camp Opening and Closing Costs $~0~~0~
E.Food.Includes cost of food and
-related freightcharges $-0-
pii-F.Work Project Costs.Safety equipment,
■^'fe •.~:v?;transporation,and work supplies
vp^;vLfand materials ..„......$1,800 ;2,170
i^fe/'6^'-Program Direction.Includes support ~.
"MS,i .i^jlvservices-^:and program administration ..-,.;..v...^■-■v-v,^.^^^tr-.'•::*^^?expenses-at-locations other than atW-;"■:':;^-:-;:■."•'^:-'^l^--~?''"-■.-'-;i^'-^
^?^::-^project*......:C..........$-0-r 900
'^^"TOTAL PROJECT~COSTS .........$20,500 6,675
JSli 8.The Department,shall pay the Contractor on either a monthly reimbursement
~^~'/'basis or on an advanced payment basis.Under the reimbursement basis,the
Contractor shall submit a requisition for payment to cover the period of a
calendar month;under the advanced payment basis,the Contractor may request
up to one-half of its federal funds portion,but shall not expect payment
before May 1,1976.Other advanced payments shall not be expected sooner
than after 30 days of operation.In both cases,funds requests for allowable
operation costs should be itemized by the purposes specified in the budget.
Itis expressly understood and agreed that all costs be documented and
that inno event will the total amount paid by the Department to the Contractor
under this contract exceed $20,500 for fun aiuj complete satisfactory
performance.
9.The Contractor hereby assures and certifies that it will comply with the
regulations,policies,guidelines,and requirements including OMB Circulars
Nos.A-87 (GSA FMC74-4),A-95,and A-102 (GAS FMC74-7),as they relate to
the application,acceptance and use of federal funds (U.S.Department of
Agriculture and U.S.Department of Interior)for this federally-assisted
project.Also the Contractor assures and certifies with respect to theproject
contract that:
a)It possesses legal authority to perform the contract;that a resolution,
motion or similar actionhas been duly adopted or passed as an official
act of the Contractor's governing body,authorizing the execution of
the contract,including all understandings and assurances contained
therein,and directingand authorizing the person identified as the
official representative of the Contractor to act in connection with
the contract and to provide such additional information as may be
...required.-:.-..-,;v\...'"•"■•.•,.■••:-.■-''•.:..,-■•'
b)^It will coWl7 «ith requirements of TitleII and Title IIX of the Uniform^rLInd l Pt Acquisitions Act of 1970 (PL
r*.•■■
rements of TitleII and Titl^elocatiorLIistancennd RealProperty Acquisitions Act of 1970 (PL.
^91-646)which provider for fair and equitable treatment of persons displacedasaresultoffederalandfederally-assisted programs.-
c)"v It will comply with the provisions of the Hatch Act which limit the
political activity of employees."•
d)It certifies that no owner or-operation ofa facility to be utilii
inconnection with this grant has been notified that the facilityhtsteenlistedontheEPAlistofviolating;facilities pursuant to
the provisions of the EPA in 40 CFR,Part 15.20.
10 Travel for project staff employees will be authorized and reimbursed In'accordance SSthe regulations issued by the employing agency.In the absence
C ofsuch regulations or^y omissions therein,travel regulations as applied
to employees of the State of Texasshall apply.
11 This contract is pursuant to an agreement made and entered into APril 261976S^HSS th Drtment and the U ^Departments ofA^cultttr.andspursuanttoangS^HSSn the Department and the U.^.Departments ^Interior under-provisions of Public Law 93-408 dated September 3,1974,
and is subject to all the provisions therein contained.
12.It is mutually agreed and understood by and between the parties hereto that:
a)The purpose of the Act is to furtherthe development and maintenanceofthfSaturalresourcesoftheUnitedStates,by the youth upon whomwillfaStheultimateresponsibilityformaintainingandmanagingthese
resources for the American people.The Departments of Agriculture andInteriorhavestressedthefollowingthreeequallyimportantobjectives
of the Youth Conservation Corps as reflected in the law:
(1)Accomplish needed conservation work on public lands;
(2)Providegainful employment for 15 through 18 year-old males
and females from all social,economic,ethnic,and racxal back-
grounds;and
(3)Develop an understanding and appreciation,in participating
youth,of the Nation's natural environment and heritage.
backgrounds.
c>Recruiting must be conducted to insure that the youth in each project}constitute^a representative cross-sample of the eligible youth within
the recruiting area.This is to meet the cornerstone requirement that
there be a social,economic,and racial mi*of enrollees.State programs
should encourage participation by needy and urban youth.
...■■*
d)Young women must receive equal encouragement,in the application process
asthat which young men receive.-;
e\To the maximum extent practicable,enrollees should be selected from
anarea within one day's surface travel from their residence toa ^residential YCC camp;from a daily commuting distance for presidentialcampsUrbanandZizlyouthshouldbegivenanequalopportunityto
participate in the program.:.-V-.
f)Capital outlays for facilities should be kept at a minimum.
«rt YCC projects may be conducted during periods other than,summer months8)provxded that^nrollees will not leave school in order to particxpate.
should receive the same rate of pay as federal YCC enrollees.
i)'Contractor must provide for an effective ««"«\?~tIolJ ^parimentsafetyprogram.Asa minimum,grantees should follow II.S.Department
I^of Labor Bulletin 158,"State Child Labor Standards.
^Contractor will have a financial mangement system which will Providej>tne SforLtSn called for in Attachment G of OMB Circular A-102.
irt "Reauest for Advance or Reimbursement"as outlined in OMB Circular A-102}wiU be used to obtain an advance to startthe program or a r.i*«.««^during or at the end ofthe project.An advance equal to half the federal
mwmmm
1)Allowable costs under the grant program are defined in OMB Circulars
A-102 and A-87.
m)Records retention and custodial requirements for records are prescribed
by Attachment C to OMB Circular A-102.
n)Because of the short duration of each project,budget revisions normally
should be unnecessary;however,if a budget revision becomes necessary,
the Contractor will be governed by Attachment K ofthe OMB Circular A-102.
o)Contractor shall comply with the provisions of Attachments 0 and N of
Circular A-102 in regard to nonexpendable personal property and procure-
ment standards.
p)The Secretaries or their representatives are to be allowed to periodically
inspect the conduct of the program by the State..."
q)Department will supervise those projects in the State being administered ~
by subgrantees.Contractorwill be required to operate in accordance
with the procedures outlined in these regulations and the grant agreement
-with theState.Periodic inspection of projects will be made under the
*direction,of the State Program.Agent or his designee.
r)If the Contractor fails to comply with the grant award stipulations,
standards,or conditions,the Secretaries may suspend the grant.Sub
sequent to or during any period of suspension of the grant,the Federal
Government shall not be obligated to reimburse the grantee forany in
currence of obligations other thandirect salaries of enrollees and
then only for a period of time which the Secretaries shall determine .to
be reasonable.In addition,the Secretaries may,for convenience,
terminate the grant with the authorization of the grantee.Termination
shall be effected by a notice of termination.Upon receipt of a notice
of termination,the grantee shall:
(1)Discontinue further commitments of grant funds.
(2)Cancel all subgrants and contracts scheduled for payment with
■>,■..grant funds.:
•-'.#?^-:•;•>%_•..•■■.:.■-..:■:<-■-■-<:-'■'■■.■:..-,'..■..•"■'-"•<:■••/'.'N^-'■'■-.''^-^
"'(3)Supply the Secretaries within two months after receipt ofthe
notice of termination,a final financial statement,along with a
..-...;-.,refund check for any unused portion of funds advanced,or a request
:;for reimbursement for allowable expenditures incurred in the grant
"■'"'.program.
s)Any federal funds remaining unspent at the end of the contract period
shall be returned to the Department for transmittal to the proper federal
agencies.