Ordinance No. 2,2677727
ORDINANCE NO. 2267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH HARRIS COUNTY FOR A COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT GRANT UNDER THE EMERGENCY
JOBS AND EMPLOYMENT ACT.
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 with Harris County for a
Comprehensive Employment and Training Act grant under the
Emergency Jobs and Employment Act 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 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 of
the City Council of the City of Baytown this 14th day
of July , 1977.
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TOM GENTRY, Mayor
ATTEST:
E
___FN P. HALL, City Clerk
APPROVED:
NEEL 7CHARDSON, City Attorney
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E X H I B I T "A"
7729
A G R E E M E N T
THE STATE OF TEXAS )
COU11TY OF HARRIS )
THIS AGREEMENT, made and entered into by and between HARRIS COUNTY,
a body corporate and politic under the laws of the State of Texas, hereinafter
called the "County," and The CitX of Baytown , a municipal
corporation, hereinafter called the "Project Applicant."
W I T N E S S E T H:
WHEREAS, the Comprehensive Employment and Training Act of 1973,
Public Law 93 -203, as amended by the Emergency Jobs and Unemployment Assistance
Act of 1974, Public Law 93 -567, as amended by the Emergency Jobs Programs
Extension Act of 1976, Public Law 94 -444, is an Act to provide, in part, for
public service jobs for eligible long -term unemployed, low- income persons in
projects and activities carried out by project applicants with the aim of
maintaining average federally supported wage rates for public service job-
holders; and
WHEREAS, the Emergency Jobs Programs Extension Act of 1976, Public
Law 94 -444, further provides, in part, for units of general local government
to participate therein as project applicants; and
WHEREAS, pursuant to the Emergency Jobs Programs Extension Act of
1976, Public Law 94 -444, the Secretary of Labor has promulgated regulations
to be codified at 29 C.F.R. g 94.4(000) which in substance shortened the
term "project and activity" to read "project" and defined the same to be a
definable task or group of related tasks which: (1) will be completed within
a definable time period, not exceeding one year, (2) will have a public
service objective, (3) will result in a specific product or accomplishment,
and (4) would otherwise not be done with existing funds; and
WHEREAS, on or about January 17, 1977 , the County made a
grant application to the U. S. Department of Labor for a grant project under
the foregoing Act, hereinafter referred to as the Grant Application, reference
to which grant application and all amendments, renewals and extensions thereof
is here made for all purposes as fully as if set out word for word herein; and
7730
VIEREAS, such grant application was awarded by the U. S. Department
of Labor on or about January 31, 1977, as Grant No. 48 -7- 540 -60 ,
hereinafter referred to as the "Grant," reference to which award and all amend-
ments, renewals and extensions thereof is here made for all purposes as fully
as if set out word for word herein; and
WHEREAS, the Project Applicant represents that it is a Municipal
Corporation and that it is familiar with the foregoing Acts, as amended, the
regulations promulgated pursuant thereto, the Grant Application and the Grant
and desires to participate thereunder; and
WHEREAS, the County desires for the Project Applicant to so
participate;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in considera-
tion of the mutual covenants, agreements and benefits to both parties, it is
agreed as follows:
I.
The Project Applicant, as independent contractor, agrees, in
accordance with the terms and provisions of the Grant and Grant Application,
to employ long term unemployed, low- income persons as described in Section
608 of the Comprehensive Employment and Training Act of 1973, as amended by
the Emergency Jobs Programs Extension Act of 1976, in the project set forth
below.
II.
The project to be completed hereunder is described as follows:
(include (1) the definable time period within which the project will be
completed, not to exceed twelve (12) months, (2) the public service objective
of the project, and (3) the specific product or accomplishment which will
result from the project):
Refer to the detailed provisions of Project Applicants proposal
No. 105 which is hereby annexed to this agreement and reference
to which proposal in its entirety is here made for all purposes
as fully as if set out word for word herein.
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III.
In performance of the services agreed to herein, the Project Applicant
agrees to observe and strictly comply with, all the terms, conditions and re-
quirements established under the Comprehensive Employment and Training Act
of 1973, as amended, the rules and regulations promulgated thereunder, the
Grant and Grant Application and with all applicable Federal, State and
City statutes, ordinances, rules and regulations.
IV.
For each pay period during the term of this agreement, the Project
Applicant agrees to furnish the County an affidavit executed by its City
Manager stating the names and residence addresses of the persons employed
by the Project Applicant under and pursuant to the terms and provisions of
this agreement, the nature of their respective jobs, the respective days and
hours worked, the respective amount of the gross salary or wages, the respec-
tive nature and amount of each deduction therefrom, and the respective net
amount of the salary or wages. Each such affidavit shall be delivered to
the office of the County Auditor on or before the tenth (10th) day of the
pay period next following the pay period covered by the affidavit.
V.
Subject to the limitations set forth herein, for each pay period
during the term of this agreement, and within twenty (20) days after receipt
of each of the above mentioned affidavits, the County agrees to reimburse the
Project Applicant for that portion of the gross salary or wages, that is
equal to the amount received, if any, from the United States Department of
Labor for such purpose pursuant to the Grant and Grant Application.
VI.
Notwithstanding anything in this agreement to the contrary, or
that may be construed to the contrary, it is expressly understood and agreed
that this agreement is predicated and conditioned on the County receiving
approval of this agreement and funds for the purposes of paying the entire
obligation of the County under this agreement from the U. S. Department of
Labor by virtue of the Grant. Accordingly, notwithstanding anything herein
7732
to the contrary, the maximum liability of the County under the terms and
provisions of this agreement shall be $ 379,365.00 or the amount
received by the County from the U. S. Department of Labor for such purposes,
whichever is less. Furthermore, it is understood and agreed that the County
contemplates entering, and /or has entered, into more than one agreement under
the Grant, and if funds received by the County from the U. S. Department of
Labor are received in a lump sum, or if the funds are not classified as to
the contracting parties and purposes, then and in that event the County's
division and classification of the funds among the contracting parties and
purposes contemplated by the Grant and Grant Application shall be final and
conclusive between the Project Applicant and the County.
VII.
It is expressly understood and agreed that any person employed and
trained by the Project Applicant under and pursuant to this agreement shall
be an employee and trainee of the Project Applicant and not the County, that
such employee and trainee shall be under and subject to the exclusive control
and supervision of the Project Applicant, that the Project Applicant shall be
solely responsible for all the salary, wages and claims of such employee and
instruction of such trainee, and that the County shall have no obligation
whatsoever to such employee and trainee.
VIII.
The Project Applicant shall not make, in whole or in part, any
assignment of this agreement or of any duty or obligation of performance
hereunder without the prior written consent of the County.
IX.
It is understood and agreed that if the Project Applicant fails
or refuses to perform (in whole or in part) hereunder, and such failure or
refusal results in any liability by the County to the United States or any
other party, then and in that event the Project Applicant shall promptly
pay and discharge such liability of the County, and if the County has paid
such liability, then the Project Applicant will promptly reimburse the County
in such amount.
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X.
The Project Applicant agrees to furnish the County with all infor-
mation and reports required by the Comprehensive Employment and Training
Act of 1973, as amended, and by the rules, regulations, and orders of the
Secretary of Labor promulgated pursuant thereto, and will permit access to
its books, records and accounts by officers and employees of the County and
the Secretary of Labor for the purposes of investigation to ascertain com-
pliance with such statutes, rules, regulations and orders.
rAm
For the purpose of evaluating the project and the Project Applicant's
effectiveness in providing the services as set forth in this agreement, the
operation of the Project Applicant may be inspected at any time by officers
or employees of the County and the Secretary of Labor.
XII .
It is hereby declared and agreed by the Project Applicant that it
has entered into this agreement relying upon the knowledge of its own officers,
agents and employees, and not upon any representation made by the County, nor
any of its officers, agents or employees.
XIII.
The undersigned officers of the Project Applicant hereby represent
to the County that they have been duly authorized, by the Project - Applicant,
to execute and enter into this agreement for and on behalf of the Project
Applicant.
EXECUTED in multiple originals at Houston, Texas, this day of
, 1977.
ATTEST:
HARRIS COUNTY
By
JON LINDSAY
County Judge
CITY OF BAYTOWN
City Clerk City Manager
APPROVED:
City Attorney
ORDER AUTHORIZING EXECUTION OF Alai AGREI;M4'TT
BETWEEN HARRIS COUNTY AND THE CITY OF BA'LTOWPT
THE STATE OF TEXAS )
COUNTY OF HARRIS )
On this the day of
, 1977, the
Commissioners Court of Harris County, sitting as the governing body of
Harris County, Texas, being convened at a regular meeting of the Court,
upon motion of Commissioner , seconded by
Commissioner , duly put and carried;
It is ORDERED that the County Judge of Harris County be, and
he is hereby, authorized to execute an Agreement between HARRIS COUNTY
and , providing for the employment of long term
unemployed, low - income persons for a period not to exceed twelve (12)
months, by said City of Baytown in accordance with Grant No.
48 -7- 540 -60 , entitled
7734
. created under
the Comprehensive Employment and Training Act of 1973, as amended, as set
out in said Agreement, which said Agreement is hereby referred to and made
a part hereof for all purposes as though fully set out herein.
THE STATE OF TEXAS )
COUNTY OF HARRIS )
I, R. E. TURRENTINE, JR., County Clerk and Ex Officio Clerk of
the Commissioners Court of Harris County, Texas, do hereby certify that
the above and foregoing is a true and correct copy of an order made and
entered by the Commissioners Court in regular session on the day of
, 1977, as it appears of record in the Minutes of said
Court, Volume 95, page
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1977.
R. E. TURRENTINE, JR., County Clerk
and Ex Officio Clerk of the Commis-
sioners Court of Farris County, Texas
0
Deputy