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Ordinance No. 2,2327551 ORDINANCE NO. 2232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY TOWN , TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE 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 ORDAINED BY 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 as "Youth Conservation Corps Program in and/or around Baytown, Texas, and authorizes and directs the Mayor 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 as part hereof for all 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 ol' the City Council of the City of Baytown this 12th day of May —1 1977. TOM GENTRY, M[ayor ATTEST: HALL, City Clerk APPROVED: —NE1 R AILI 110,(PA—R.1 S CIN -C Z7iit y A t 't 6 r n 6 J'T UG q :--v ca 1, i f X-, q 7552 E X H I B I T "A" 7553 ID -A SUB--GR0TEE TEXAS DEPARTMENT OF COMIMUNITY AFFAIRS YOUTH SERVICES DIVISION 1977 Contract , for YOUTH CONSERVATION CORPS PROGRAM OPERATION STATE OF TEXAS X COUNTY OF TRAVIS I This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and CITY OF BAYTO14N , hereinafter referred to as "Contractor." The parties hereto have severally and collec- tively agreed and by execution hereof are bound to the mutual obligation and to performance and accomplishment of the tasks hereinafter described. Section I. Performance of Contractor Contractor shall, in complete and satisfactory manner, perform the program operation services specified in Attachment I hereby made a part of this contract and hereinafter referred to as the YCC Project. Section II. Department's Obligations The Department shall pay the Contractor for program operation according to the terms of Items A, B, AND C of the pro- ject budget in Attachment I and subject to all provisions con- tained therein. In any event, payment by the Department shall not exceed the total sum of $19,475.00 Section III. Records Maintenance The Contractor shall submit such records, information, and re- ports in such form and at such times as may be required by the Department. Section IV. Period of Contract All 1977 performance to be rendered by the 1977 Contractor hereunder shall commence by June 1, 1977 , and shall terminate Page 1 of 13 7554 August 31, 1977, such period referred to herein as contract period, unless expressly excepted from this contract by some other provision herein. Contractor shall have the YCC Pro- ject in function by June 13, 1977. Section V. Equal Opportunity A. Nondiscrimination: The Contractor assures that no person shall, on the ground of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part under this agreement or otherwise under the Contractor's control. 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 segre- gated. Identical certifications from any proposed subcon- tractors will'be obtained by the Contractor as a condition of subcontract award. C. Employment: Race, Religion, Color, Sex or,National Origin 1. The Contractor will not discriminate against any employee or applicant for employment because of race, 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 ,regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, 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. The Contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices set- ting forth the requirements of these non-discrimination provisions. 2. The Contractor will state in all solicitations or adver- tisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. Page 2 of 13 7555 3. The Contractor will send to each labor union representa- tive of workers with which it has a collective bargain- ing agreement or other contract or understanding, a notice advising the labor union or workers' representa- tive of the Contractor's commitments to equal employment opportunity and affirmative action and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all applicable equal opportunity laws, rules, regulations, and orders. 5. The Contractor will furnish all information and reports and will permit access to its books, records, and accounts for the purposes of investigation to ascertain compli- ance with equal opportunity and affirmative action. 6. In the event of the Contractor's noncompliance 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 ineli- gible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise pro- vided by law. 7. The Contractor will include all clauses "l." to "7." inclusive in every eligible subcontract or purchase order so that such provisions will be bindinj upon each sub- contractor or vendor. Physical or Mental Handicap 8. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee M 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 physi- cal or mental handicap in.all employment practices such as the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termi- nation, 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 implementation under this part and otherwise com- ply:with all laws and regulations applicable to the employ- ment of the handicapped which are hereby incorporated by reference. Without limitation, this will include: (1) establishment of an affirmative action program; (2) appro- Page 3 of 13 7556 priate promulgation, internally and externally; (3) annual program review and monitors; and, (4) designation of program responsibility. Age I 10. The Contractor will not discriminate in employment against any person because of their age or specify, in solicita- tions or advertisements, a maximum age limit except and unless it is based upon a bona fide occupational quali- fication, retirement plan, or statutory requirement. D. Real and Personal Property: The Contractor agrees othat, as al owner, lessee, assignee or managing agent property, it will not refuse 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 in the furnishing of services in connection there- with. Advertisements, solicitations, notices, stateme 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 reasonable use of minority- owned and female -owned businesses in the procurement ofgoods and services, in the use of real or personal property, nd in contracting for construction. In all instances, affirma- tive emphasis will be given minority-owned and female -owned businesses offering comparable quality and value.affirmative Con- tractor will similarly promote eq opportunity/affirmative action on behalf of minority-owned and female -owned businesses r in its financial agreements. 4.7 Section VI. Department Monitoring The Contractor shall permit the Department to inspect and shall make available to Department for inspection any and all 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 or under the control of any person or other entity with whom any portion of the performance has been subcontracted. [ Section VII.' Amendments This instrument constitutes the entire agreement of the parties hereto for the purposes contemplated herein and any alteration, addition or deletion to terms of this contract shall be by amend- ment hereto in writing and executed by both parties hereto. Page 4 of 13 7557 Section VIII. Early Termination Tither of the parties hereto shall have the right in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered cinder 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 provisions of 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 will be used solely for expenditures in payment of the performance required of Con- tractor by this contract and that such funds and resources will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the resources,orervicesort,other benefits which would have been available to, provided the Contractor had this contract 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 indepen- dent contractor, and that Contractor, as such,,agrees to hold the Department harmless and indemnify it from and against any and all claims, demands, and causes of action of every kind and character which may be assorted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Contractor under this contract. Section.X1. Compliance with Law rp ordinances, Con.tiactor shall comply with all applicable laws, codes and regulations of local, state, and federal governments. Section XII. Conflict of Interest No officer or employee of the Department and no member of the Department's -Advisory Council and no employee of the Contractor and no member of the Contractor's governing board or body and no person who exercises any functions or 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, at its discretion, to deduct from the awa, or rotherise recover the full amount of such commission, percentage, con- tingent fee. Page 5 of 13 W 7558 Dntractor covenants that they presently have no interest and liall not acquire any interest, direct or indirect, which would onflict in any manner or degree with the performance of services required to he performed under this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed. I WITNESS OUR HANDS THIS THE day of 1977• Contractor By Approved and accepted on behalf 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 This contract is not effective until signed by the Executive Director of the Department Approval recommended: ` Division Director Deputy Director Legal RMC Human Rights / Fiscal Page 6 of 13 W. - 7559 ATTACHMENT I 1. The Contractor will operate a nonresidential coeducational project camp employing 24 youth of both sexes for a period of 7 consecutive weeks during the summer of 1977. The project camp will be called BAYTOWN' BAY AREA CAMP and will be operational in and/or around BAYTOWN, TEXAS 2. The Department will be in charge of enrollee referral recruitment coordination and shall furnish the Contractor with. a list of qualified youth aged 15 to 18 years. Contrac- tor shall employ the youth, with proper supervision, under this contract from such list. The number of enrollee posi- tions shall be filled and maintained filled throughout the: project period. 3. The Contractor shall employ the youth as employees and shall require participation in three parts of work projects to one part of environmental education for no more than forty hours per week; i.e., thirty (30) hours of paid physical donated environmental education work and ten (10) hours of per week. 4. The Contractor shall provide supervisory and instructional personnel in the ratio of at least one staff person for every eight (8) youth. Contractor shall establish and maintain the a health and safety program for the duration of project. 5�. The -Contractor shall compensate each youth employed under the •terms of this contract according to the one of the pay rates below: Regular Enrollees - $2.30 per hour, 30 hours per week Enrollee Leaders - $2.55 per hour, 30 hours per week The Contractor shall have each youth complete a W -4E form be to waive withholding income tax, but FICA taxes should withheld from compensation. b. The Contractor shall insure a planned rotation of youth among of providing each youth various task functions for the purpose with a broadly diversified environmental work experience Page 7 of 13 encounter through participation in the program. activities shall include: 7560 Work project Development of picnic areas; construction and installation of water fountains, tables, barbeque pits, benches, etc.; land- scaping by developing plant beds, planting trees, and planting shrubs; clearing hike -and -bike trails; and erosion contfol. 7. Program grant regulations for 1977 state that up to 80% of total state project operations costs can be financed by fed- eral funds; the remainder, 20% or more, should be provided by Contractor by in-kind or cash contributions. Operation costs for the above-mentioned project are set at $24,149.00 The Department will pay the Contractor in invoiced amounts totalling up to and not to exceed $19,475.00 from federal funds. The remaining costs of the project shall be provided and documented by the Contractor as in-kind or cash contribu- tion. Documentation is to be provided to Fiscal Office of Department. The total of the costs incurred in the performance of this contract including both the amounts obligated by the Department and the in-kind cash contribution of the Contrac- tor shall be in accordance with the following operation costs budgeted for the following purposes, excepting that the total operation cost for any of the enumerated. purposes may be changed by not more than 10% provided thatithe total project cost is not changed and provided that notification of any such change is provided promptly by Contractor to the Department. PURPOSE OPERATION COSTS Federal Non -Federal r A. General Includes expenditures for medical first aid expense, utili- ties, maintenance costs, recreation, all supplies not otherwise identi- fied . . . . . . . . . . . . $ 252.00 $ - 0 - B. Staff Pay. Includes pay, benefits, and travel, net of any deductions made for meals and quarters fur- nished . . . . . . . . . . . . . . . $ 4,405.00 C. Enrollee Pay. Includes pay, benefits, and transportation of enrollees . . . . . . . . Page 8 of 13 . . . $14,818.00 $1,620.00 Mit 7561 PURPOSE OPERATION COSTS Federal Non -Federal (0111, D. Camp Opening and Closing Costs . . . . . . . . . . . . . $ - 0 - - Ol- . Food. Includes cost of food and related freight charges $ -0 - - 0 - F. Work Project Costs. Safety equipment, transportation, and work supplies and mater- $ - 0 - $3,054.00 ials . . . . . . . . . . . . . . G. Program Direction. Includes support services, and program administration expenses at loca- $ - 0 - - 0 - tions other than at projects . TOTAL PROJECT COSTS . . . . . . . . $19,475.00 $4,674.00 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 requi- sition for payment to cover a period of a calendar month; under the advanced payment basis, the Contractor shall request (3/4) three-fourths of its federal, funds portion, but shall not expect payment before May 1, 1977. Other advanced payments shall not be'expected until June fiscal report is submitted by Contractor and received by Department's fiscal office. June fiscal report is due within ten (10) working days after June 30, 1977 and shall be in receipt of the Department's fiscal office on or before July 18, 1977. In both cases, 10 funds requests for allowable operation costs should be itemized by the purposes specified in the budget. It is expressly understood and agreed that all costs be documented and that in no event will the total amount paid by the Department to the Contractor under this contract exceed $ 19.475.00 for full and complete satisfactory performance. 9. The Contractor hereby assures and certifies that it will com- ply with the regulations, policies, guidelines, and require- ments including OMB Circulars Nos. A-87 (GSA FMC 74-4), A-95, and A-102 (GSA FMC 74-7), 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 the contract that: Page 9 of 13 7562 Continued a. It possesses legal authority to perform the contract; that a resolution, motion or similar action has 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 directing and authorizing the person identi- fied as the official representative of the Contractor to act in connection with the contract and to provide such additional information as may be required. b. It will comply with requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.91-646) which provides for .fair and equitable treatment of persons displaced as result of federal and federally -assisted programs. C. 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 of a facility to be utilized in connection with this grant has been notified that the facility has been listed on the EPA list of violating facilities pursuant to the provisions of the EPA in 40 CFR, Part 15.20. 10. Travel for project staff employees will bel authorized and reimbursed in accordance with the regulations issued by the employing agency. In the absence of such regulations or any omissions therein, travel regulations as applied to employees of the State of Texas shall apply. 11. This contract is pursuant to an agreement made and entered intp March 24, 1977 by and between the'Department and the r U.S. Departments of Agriculture and Interior under provisions sof 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 further the development and maintenance of the natural resources of the United States, by the youth upon whom will fall the ultimate responsibi- lity for maintaining and managing these resources for the American people. The Departments of Agriculture and Interior have stressed the following three equally import- ant objectives of the Youth Conservation Corps as reflected in the law: 1.. Accomplish needed conservation work on public lands; Page 10 of 13 7563 2. Provide gainful employment for 15 through 18 year- old males and females from all social, economic, ethnic, and racial backgrounds; and 3. Develop an understanding and appreciation, in participating youth, of the Nation's natural environment and heritage. b. These objectives will be accomplished in a manner that will provide; the youth an opportunity to acquire increased self -dignity and self-discipline, better work relationships with peers and supervisors, and build lasting cultural bridges between youth from various social, ethic, and economic 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 mix of enrollees. State programs should encourage participation by needy and urban youth.* d. Young women must receive equal encouragement in the appli- cation process as that which young men receive. e. To the maximum extent practicable, enrollees should be selected from an area within one day's surface travel from their residence to a residential YCC camp; from a daily commuting distance for nonresidential camps. Urban and rural youth should be given an equal opportunity to participate in the program. f. Capital outlays for facilities should be kept at a minimum. YCC projects may be conducted during periods other than summer months provided that enrollees will not leave school in order to participate. h. The enrollee is an -employee of the Contractor and shall be insured accordingly. The enrollee pay plan should comply with federal and state minimum wage laws. To the maximum extent practicable, state YCC enrollees should receive the same rate of pay as federal YCC enrollees. i. Contractor must provide for an effective accident control, health, and safety program. As a minimum, grantees should follow U.S. Department of Labor Bulletin 158, "State Child Labor Standards." j. Contractor will have a financial management system which will provide the information called for in Attachment G of OMB Circular A=102. Page 11 of 13 7564 k. "Request for Advance or Reimbursement" as outlined in OMB Circular A-102 will be used to obtain an advance to start the program or a reimbursement during or at the end of the project. An advance payment from the federal share can be made 30 days prior to the start of the project with the additional funds provided after 30 days of operation. "Financial Status Report" as outlined in 01MB Circular A-102 will be submitted upon completion of the project funded under the grant program. Instructions and forms will be supplied the Contractor at a later date by the Department. 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 O►iB 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 of the 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 procurement 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. Contractor will be required to operate in accordance with the procedures outlined in these regulations and the grant agreement with the State. 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. Subsequent to or during any period of suspension of the grant, the Federal Government shall not be obligated to reimburse the grantee for any in of obligations other than direct salaries of enrollees and then only for a period of time which the Secretaries shall determine to be reasonable. In addition, the Sec- retaries 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: Page 12 of 13 7565 1. Discontinue further commitments of grant funds. I ' 2. Cancel all subgrants and contracts scheduled for payment with grant funds. 3. Supply the Secretaries within two months after re- ceipt of the notice of termination, a final financial statement, along with a,refund check for any unused portion of funds advanced, or a request for reimburse- ment for allowable expenditures incurred in the grant program. S. All funds shall be spent as budgeted and referenced in Item 7 above. 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. t. It is expressly understood and agreed by the parties hereto that all performances on the part of the Depart- ment are contingent upon and subject to actual receipt by the Department of sufficient and adequate funds outside the Department to fully perform the obligations and duties of the Department as specified by this contract. Page 13 of 13