Ordinance No. 2,329ORDINANCE NO. 2329
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 AN AMENDED CONTRACT WITH HARRIS COUNTY FOR A COMPRE-
HENSIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE
EMERGENCY JOBS AND EMPLOYMENT ACT; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, by ordinance on July 14, 1977, City Council
authorized execution of a contract with Harris County for a
Comprehensive Employment and Training Act Grant; and
WHEREAS, this Council now desires to amend that contract
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to allow the City to be reimbursed for administrative costs
out of the grant as provided by recent federal regulations;
NOW THEREFORE,
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 amendment of 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 amended
contract. A copy of said amended 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.
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INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 13th day
Of- October 1977•
TOM GENTRY, Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
APPROVED:
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NE EL DSON, City Attorney
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'HIE STATE OF TEXAS )
COUNTY OF HARRIS )
'YETIS AGREEMENT, made and entered into by and between HARRIS
COUNTY, a body corporate dbd politic under the lavis of the State of Texas,
hereinafter called the "Countylt and
City of Bnytn� ..•n
a
Private non - profit organization or )[Istitution engaged in public service, hereinafter
called the " Project Applicant.,, cant. ,, r
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IV 1 T N E S S E T 11:
WHEREAS, the Cornpreensive Employment and Training Act of
1973, Public Law, 93 -203, as amended b, the Emergency Jobs and Unemployment
Assistance Act of 1974, Public Law 93- 7, as amended by the Emergency Jobs
]=roarams Extension Act of 1976, Public Lat., 94 -444, is an Act to provide, ir. art
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for public service jobs for eligible long - tern, unemployed, low- income persons in
projects and activities carried out by projei<t applicants with the aim of
maintaining average federally supported wage rates for public service jobholders;
arjd �.
WHEREAS, the Emergency Jobs Progra:rns Extension Act of 1976,
Public Law 94 -444, further provides, in part, for non - profit private organizations or
institutions engaged in public service to participate tlherein 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. S 94.4(000) which in substance shortened the term "project
end 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
sp_•'-•ifie product or accomplishment, and (4) would otherwise not be done with
e...3ting funds; and -
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Will. "J"Ei S, on or about January 17, 1977, the County mtlde a grant
r;.p =:cation to the U.S. Depnrtment of Labor for a grant roject under the foregoing
Act, hereinafter referred to as the Grant A lie
pp atron, reference to t.hich grant
iq) ;)lication and all 1- mendrnents, renewals and extensions thereof is here made for
1!! ;:irposes as fully as if set out word for word herein); and
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WHEREAS, 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
amendments, renewals and extensions thereof is here made for all purposes as fully
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its if set out word for word herein; and
AMIN
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WHEREAS, the Project Applicant represents that it is a private non-
profit organization or institution engaged in public service 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 consideration 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 i Ad Drovisinns !2f Project Aulicants ro osal No_ 11 105
arh;rh ;s here- =Y ann�x_Pd to this aar -Ament and reference to which nr000sal
" s fill it as if set out word
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In performance of the services agreed to herein, the Project
Applicant agrees to observe and strictly comply with, all the terms, conditions and
requirements established under the Comprehensive Employment and Training Act
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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 chief executive
officer 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 respective nature
and amount of each deduction therefrom, the respective net amount of the salary
or wages, and, in addition, both the total and per employee fringe benefit costs and
both the total and per employee administrative costs actually. incurred in the
implementation of this agreement as such administrative costs are described by the
Secretary of Labor in federal regulations codified at 29 C.F.R. 8 8 98.12 and 98.13
and to be codified at 29 C.F.R. S 99.76 (42 Fed. Reg. 24532 (1977) ), provided
ho;•; ever, in no event shall said administrative costs exceed
$ 1,620 or 7.5% of the principal sum set forth in paragraph VI of
this agreement, whichever sum is lesser, and provided further that the total
(collective) amount to be reimbursed by the County under this agreement shall not
exceed the amount set forth in paragraph VI of this agreement. 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
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Applicant for that portion of the gross salary or wages and administrative costs
allo:ved by paragraph IV of this agreement, 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.
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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 purpose 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 to, the contrary, the maximum.
liability of the County under the terms and provisions of this agreement shall not
exceed an amount equal to $ 377,745 , herein called principal sum, plus
administrative costs provided for under paragraph IV or the amount received by the
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County from the U.S. Department of Labor for such purposes, whichever of said
ta:o amounts 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 W
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.
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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.
X.
The Project Applicant agrees to furnish the County with all
information and reports required by the Comprehensive Employment and Training
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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, agents and /or employees of the County . and /or the
Secretary of Labor for the purposes of investigation to ascertain compliance with
such statutes, rules, regulations and orders.
XI.
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, agents and /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 erployees, and not upon any representation made by the County, nor any of its
officers, agents or employees.
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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
• f
Secretary By
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OItl)Elt AUTII01UZING EXECUTION OF AN AGREENIEn
BETWEEN HARRIS COUNTY AND
'I'll ESTATE 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
Com m issioner
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, lour:- income persons for a period not to exceed twelve (12) months, by
said in accordance with Grant No.
entitled 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 I.
1977, as it appears of record in the Minutes of said Court, Volume 95, page
of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
, 1977.
R. E. TURRENTINE, JR., County Clerk
and Ex Officio Clerk of the
Commissioners Court of Harris County, T
e x a s .
By
eputy
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