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Ordinance No. 2,465ORDINANCE NO. 2465 =1 I 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 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 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 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 27th day of April, 1978. EMMETT 0. HUTTO, Mayor ATTEST: E LEEN P. HALL, City Clerk APPROVED: ST'OTT BOUNDS, City Attorney 80 7 -14a E X H I B I T "A" /~s ge ZL 10 l abed •aaualuas 6utpa3aad ayl Sq pasodwt luawaatnbaa 3e44 of UOLltppe ut 3uawaatnbaa a se luawlaedaa io Lenoadde ualltaM Qotad ayl aatnbaa LLeys (00'OS$) saellop x4lt3 10 ssaoxa ut Aapunaaay lasse leltdea a Jo asevand al6uts XUV •wnwtutw a of sfielno Lellde� daal 03 1ao33a lsaq slt paaxa sey J04Dealu03 ayl uayM SLuo sfiellno Lelideo slt -AO! QolSealuo3 ayl 03 aLgetl aq LLeys luawlaedoa 841 •aanlonaIse.alut otseq A'aessaoaU atayl pue satltLtoej 6utlstxa to uotleotJtpow ao uotlenouaa �Saessaoau aol lda3xa satltltoej Letluaptsaa to uotl3nalsuO3 aol saanitpuadxa aol Q043ea4uo3 ayl of aLgetl aq Lou LLeys luawlaeda0 ayl 'Z luensand pa4e61nwoad suotleLn6aa aaylo Sue to uotleLotn ut ao 'Lod ayl of •6aH •paj Zb PaPuawe se ` WE) Zl£bS (S16L) 9L£9L '6ab 'pad Lb lob ayl aapun pa4e6lnwoad suot4eln6aa ayl jo (w) pue (C)S•bLZ suotloaS 10 uotlelotn ut apew saanitpuadxa ,aoJ a04oe.a4uo0 ayl of aLgetL aq L wledaa ay yl •l :suotleltwtL 6utM011ol ayl of ZoaCgns aapunaaay paaa uaa saoueuuo aad ,AO ao oea uo a aaanou t s soo en �e a o uaPaad 3 I 3 3 3 yl q P 3 l l yl d (908) 3 44q 6[a 03 Lenba lunowe ue ut Qo4oea4uo3 ayl 03 aLgetl aq LLeys luawlaedaa ayl Iaapunaaay aouewao3aad �faoloelstles pue Llnj jo uotleaaptsuoo uI 8L6L `SL keW XltltgRLj 30 aanseaW •y suotle lIgO butpunj luawlae a0 'AI uotloaS 8L6L `L£ 4sn6nd aleutwaal lleys pue aouawwoo LLeys luawaaa6e pue loealuoo styl potaad 43ea4uo3 'III uotloaS •lOafoad 33A ayl se of paJJOIaJ aalleutaaay aq LLeys loafoad sdao3 uot4enaasu03 ylnoA yonS •13ealuo3 st43 jo laed a apew A'gaaay I luawyoellV `yltM aauepaoaoe ut saouewaojaad yons aapuaa LLeys pue �Xq pa13toads saauewaolaad ayl aapuaa LLeys .Aoloe.'IuO) •suotleLn6aa wea6oad Leaapa} pue `(LL6L •ddnS) 90IL-LOLL § § 'V'3'S'fl 9L ..`ZoH ayl„ se of 'paaaaja.A aalleutaaay `lob sdao3 uot4enaasuo3 ylnoA ayl yltm aoue - p.A000e ut loaCoad sdao3 uot4enaasuo3 ylnoA a aleaado LLtM aoloealuo3 aouewaOIaad Q04oealuo3 •II uotloaS •pagtaosap aalleutaaay s4se4 ayl Jo luawystLdw000e pue aouewaojaad of pue uotle6tLgo lenlnw ayl of punoq aae loaaay uotlnoaxa kq pue paaa6e XLantloalLoo pue Rlleaanas aney olaaay sapaed ayl „•QO43ealuo3„ se of paaaaIaa Ja4jeULaa04 ` UMolsea 10 A'lt pue ,4uaw4.Aedaa,, se of paaaa3a.A aaUeutaaay sexal jo alelS ayl 10 �foua�e UP 'sateIJV A'ltunwwo3 jo luawlaedaa sexal ayl uaaMlaq pue Nq olut paQalua pue apew st 4uawaaa6e pue loealuoo styl ldealuo3 01 satlaed •I uotloas S I AdHl 30 AMOO SVX31 30 31d1S 816L NOI1t1H3dO WHOM SdHO) N0I1VAUSN03 H1fl0A dOJ 13t aoi NOI S I III a S33 I AH3S Ham SdIb33V AnNf1wo A 1N3W1Ht/d3a SVX31 q:VT -L' 08 m ia 8 7 -14e 3. The Department shall not be liable to the Contractor for any. ". expenditures which are not allowable costs defined in FMC 74 -4, 34 C.F.R. 255 (1976), or which have not been made in accordance with the requirements for program management in OMB Circular A -102, 42 Fed. Reg. 45828 -91 (1977). 4. The Department shall not be liable to the Contractor for costs incurred or performances rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to terms governing the Contractor's promised performance, the description of that performance as specified in Attachment I, and all written amendments hereto signed and agreed to by both the Department and the Con- tractor or resulting from the Contractor's acceptance of proposed amendments in the manner prescribed in subsection C of Section XIV. 5. The Department shall not be liable to the Contractor for expenditures that do not satisfy any of the following cost descriptions: a. "General" which includes only expenditures for (1) capital improvements of camp facilities, (2) other . (medical, first aid expense, utilities, maintenance costs, recreation, all supplies not otherwise iden- tified, training), (3) camp opening and closing costs; b. "Staff pay" which includes only pay and benefits net any deductions made for meals and quarters furnished; C. "Enrollee pay" which includes only pay and benefits of enrollees; d. "Food" which includes only cost of food and related freight charges; e. "Work project costs" which includes only safety equipment and work and environmental awareness supplies and materials; f. "Travel and transportation" which includes only trans- portation of enrollees and staff to and from project sites and both intrastate and interstate travel for purposes of program direction and training; g. "Program direction" which includes only support services and program administration expenses at locations other than at project. Furthermore, the Department shall in any amount properly allocable to one specified that exceeds the amount set for that cost description: . Cost Description General Staff Pay Enrollee Pay Food Work Project Costs Travel and Transportation Program Direction no event be liable to the Contractor in of the cost descriptions hereinabove forth in the following budget schedule Page 2 of 12 Department's Maximum Liability Rv Item $ -0- 5,659. 16,339. 302. 225. -0- a 807 -14d 0. :uh!,c,(:Liorl 1) of Lhi : Sc,c:f.irin, if.. i', undrrr'sLorxl <rnrl a,'I Cer•ct Ly the par I. i es Kerr: r_o :h,-, t Lhe Dellis r• t.Ilrc�n L' ; oI, l - i (fit f: ions Irltdel t:h i 5 Section ; rc'' Contingent. upon ac tlla l rr t.e i pt of ad,'rltlil l'o f lln(t f rt)111 the 11 r f -rfi Gcpartrlront of Atirir-ultcn-e an tit:- thrii.eci SOL(- !►c•}-tr(.Irlcrt. of thr jr:tr; i7r !,, r. f•t putative liabilities under this :u;,;r:ct;i till , i)►•crvidt-d t.It;tl iI. the (111 tlrl I titt.es Departments of Arlricul turn awl Lhe InLoVio)- (five tit(.- Dep,rrl.iltenL wri teen allcl sper• i fie notice that the Department will not rec�oivc, acle(fuaLe funds to make payments to the Contractor under this contract, the Depat t.ntent shall notify Lh(, Contri►.r.tor in writing to that effect within a r•ea•-)onable time thereafter. G. Method of Payment The Contractor hereby elects to rr'ceivc' IMA1111e1ILs from tiro DelparLment here- under as provided in the provision checked helow. n Monthly Reimburse, tr-:n t Basis. The Contractor shall submit, by the fifteenth (15th) day of the month follc: ring the calendar month in which expenditurc!s were made and for which reim- bursement is sought, a requisition for payment on a form like that made a part of this contract as Attachment IV. Within it reasonable time after• receipt of the Contractor's requisition for payment, the Depar'Lment shall pay to Contractor an amount equal to Departmental liabilities accrued as specified in subsection A of this Section. ff"'Advance Payment t'asis. I. The Contractor :,hell request ari a�vancc payment in an amount equal to Contractor's reasonable estimate of one average month's heeds for funds but not exceeding thirty percent (30 ) or the 11MXimum Department; 1 iabi l i t.y specified by subsection D of this Section. The request for advance shall be submitted on a form like that made a part of this contract as Attachment IV and shall be received by Department's Youth Services Division at least three (3) weeks prior t :o the date upon which Contractor wishes to receive the advance. 2. Following Dehartn;ent's receipt of the request for advance from Contractor made in accordance with Subsection I3( -l) of this Section IV, Department 'shall pay to Contractor the amount so requested against Departmental liabilities accrued or to be accrued as specified in Subsection A of this Section IV. 3. Following receipt by Contractor of Department's payment pursuant to Subsection Q(2) of this Section IV, Contractor shall bill (according to Depart- ment's reasonable billing instructions) Department periodically, but no more often than once in any tyro -creek period, in the amount of Departmental liabilities actually accrued (pursuant tb Subsection A of this Section IV) but not previously billed by Contractor. Department shall pay to Contractor an amount equalling Departmental liabilities actually accrued ( puusuant to Subsection A of this Section) but not previously billed and paid pursuant to this Subsection B(3) against: Departmental liabilities accrued or to be accrued as specified in Subsection A of this Section. C. Excess Payments Upon termination of this contract, Contractor shall promptly return to the Department the amount, if any, w1lich Department: ha-, paid to Contra( :tor in excess of Departmental liabilities as specified ire Subsection A of this Srrctioll IV. D. Maximum Department Liability Notwithstanding ally other provision of this contract, the! ctnnulativc� total of all liabilities and other oblictatiorls iucul -1 -ed by thr, Department he re, urider shall not r-ceed the sum of twenty two thousand five hundred and twenty five dollars $22,525.00) .__ � _ - - -- _ _ . .. _ _.. ..___..__ __.._...._ -•- _ Page 3 of- 12 87 -14e Section V. Enrollee Selection (MK A. The Contractor shall select and hire coral Irre For its Y%c. n crjt -c from a list of preliminary applicants provided to tl)r (r,;,r � rr,r ►, �� r men t. The Contractor shall be responsible for def.erw rein; ±.hat eilch �,; it selects meets the standards of eligibility specified in subsection C of this Section V. The Contractor assures that selection for its YCC Project shall be conducted to insure full opportunity for youth of the appropriate geogra- phical area to participate and that specific outreach efforts shall be made to attract minority and disadvantaged youth. The Contractor's selection of en- rollees shall assure that its YCC Project shall be open to rural and urban youth of both sexes; youth of all social, economic, racial and ethnic classi- fications; youth from both public and non - public schools; disadvantaged youth; and youth who have quit school before graduation. The Contractor's selection system shall assure that enrollees are selected randomly without bias because of race, creed, color, religion, or national origin except that in order to insure that projects are coeducational, applicants ,hall be stratified by sex prior to selection of enrollees. No more than ten percent (10 %) of enrollees shall be designated as youth leaders and shall be paid at least $1.50 per day above the normal enrollee wage. B. To the maximum extent practicable, the Contractor shall select enrollees who reside within one day's surface travel of its YCC camp. C. The Contractor assures that all enrollees in the YCC Project have attained the age of fifteen (15) but have not attained the age of nineteen (19); are permanent residents of the United States, or its territories, possessions, or Trust Territory of the Pacific Islands; shall be employed without regard to personnel laws, rules, and regulations applicable to full - time employees of the Contractor; shall be employed for a period not to exceed ninety (90) days in any calendar year; and shall be employed without regard to their sex or social, economic, or racial classification. D. The Contractor shall operate the YCC Project so that enrollees' participation is required only during summer months. Section VI. Non - Federal /Non- Departmental Employee It is understood and agreed by the parties hereto that the YCC Project enrollees are employees of the Contractor and shall be insured accordingly. The Contractor shall pay enrollees Federal or State minimum wage, whichever is higher. The Contractor shall exert its best effort to assure that its YCC enrollees receive the same hourly wage as Federal YCC enrollees. The Contractor shall employ enrollees for forty (40) hours of work - learning activ- ities per week of which ten (10) hours shall be integrated environmental awareness instruction. Contractor shall pay enrollees wages for thirty (30) hours of work - learning activities per week. Section VII. Safety Standards The Contractor shall provide an effective accident control, health, and safety program as described in Attachment I. The Contractor shall comply with United States Department of Labor Bulletin No. 101, "A Guide to Child Labor Provisions of the Fair Labor Standards Act," and "Safety and Health Regulations" provided by the Department. Section VIII. Reporting Requirements A. The Contractor shall submit a Weekly Summary of Participant Characteristics on a form like that made a part of this contract as Attachm,:ilt IV. The Contractor shall submit this weekly report to the Department's Youth Services Division within three (3) days after the end of the week covered by the report. B. The Contractor shall submit a Bi- weekly Financial Status Report: on a form like that made a part of this contract as Attachment III. The Contractor shall prepare these reports on a cash accounting basis using the Page 4 of 12 E m a(")7-14f ' " a ..l t: atl .r' •i�• :_'. •.� %,`:; i:rl:. ......il illf_iaa`. • .. tc,l'';.:ir: I' I-T! , ttf�llera t IncIIlde i • ' %j'•'Ild,1 t111'f - foi- .I iUlllr'tivra"';�n t', (,If C;lllill ii:( :1lli.iF$, (2) !1Lh-- fi e'f!1 cal , t li'SL aid ex pen Se, ;!!,l l iti(?C I t.(`;l fill ce Costs, rf!Crl'i'.:`.if ;fi, it l StlI:IIi ir!S I L 01.11er•ri :(> ic.';'I]Lif ied, tra i rl i nq) . (3) c anti) oi)L n i ng and Closing costs. Star f_ 1',l f . Includes pay and bene- -1 45 11 t. any deduCLifiIIS inade for rieaIs and quarters F.rlro 1 1 ec Pa Y. I tic l urles I)ay and benefits of enrollees. rood. Includes cost of food and related freight charces. ,c)rl: I'rll,ier•t Costs. trcll,rlr�s �ilff °l.,' (r(ltJ i Il;nc11 L 111d Work irlf! Pnv i ronmeri Le 1 awareness 5UI)I)l l es c!I.d materials. Travel and. lran�i lOr't:i'.} illli. includf's trans 1) ortatioil of e?lI c-es anal Laff to and from pro,]vct s tf:s and both intra- staLP and intorsLate f_rrl;el for purposes of program direction and training. Prociralli Direction. Includes slillp(1rt. services and program adminiSt :i'rll:ioil expenses at locations other than at . project. Total the Coil tractor sha11 suhnlit this 1) i week y report to the Departir,ent's Y(.IUtil Services Within five (5) workincl clays after the end of the two -week period covered by the report, C. The Contractor shall maintain fiscal records and supporting docu- lients for all expenditures Of funds under this contract. The Contractor shall submit a Final Financial Statt:5 Report, oil a ford like that made a part of this contract as Attachment 1I, to trio Department's Fiscal Division within ten (10) days after the end of the contract period. D. 'File Contractor shall SLIbiiiit a final Pro(Iram Narrative SLatement %•;dial: shall incltl(if': (1) 1()Ci: t ion of Ilr'o•iect iriclud in() If_ i 1 incl address, street and Co(1llt.:; (�) disLance to and flame of nearest lowul; (3) number of in talc IrrajaCL; (4) elit-ollee loss rite; (5) type of project (7 -clay r•f;� ii!�= ntial, r; -(lay residential, nonr'esident i al, 0)' OHIO"); (fl) len(IL)I of 1nClndiflu ivilillier of vm -e ;s and herlinninq rand vivilr:( dilt.f';; 1 ivint Conditions i,it,Imfiliq types, + + •I � t5 pc.., , arI(. , drl!1 Cllritl 1 �. I (1r1 (lf f.('!1 is , ct3l)1 r'S , rir.1!ai �,l irk;, or ol.hrr' fau•ilr' i'­:•; 1,11 Iirojrl 1; ;L�lff ilit:l(lalilit) nimillcr' of 5tilff rll(I •`; ;.ir' posilJoll t;Itle%; { r!::ialE'l(j calrAllaltioll for (I'liI;� ratf' of erl!'ollee df`duc -Lion Ili)' '(i; +cl r(i;I 1(!CIiIin.I, if ilrl (10) kleSCriptioll of I,rr,l;_'rr and safely pr'0(jI*lrll; (H) (N icriptJoll of ollrol lee and sniff rercruit.in(1 .1114 —'ectioll syst.viils 1nCll,! inq descr iptJoll nI• ilffirmative acLlon (Ileamirp-, 1.:1i:!::S Lo as sit r'e L }tart; illinoI - i tj, alld Other (II sildvall tag, person.; r ecei e equal iai((Ie 5 (if l KIM AME 807 -14g The t,(ntract:or- shall retain all financial Words, supporLing dc:' its, statistical records. and all other records relat:in( j t0 its Prr- fvr-:: ivre her'ellrl(if'r relaLinq to its YCC Project for a lreri(lil of three (3 wars ?,E?'rinning with the termination date (If Det{a1- 1lgent's (tr•ant from the Units t States DellarLme"ts of Agi- irulture and Interior. or four years, which - evar :'xpir'es last, and shall con 1v with all rvquirvm('nts in Attachment C of NIB L i r-cu l a r tlri . A -102 Revised, 42 Fed. Req , 45829 -45830 (1917) , as to reten- tion and custodial care of pertinent records. Section X. Accessibility of Records The Con trac to{' shall give the Depar Lmen t , the United States Depar t- menLs of Agriculture and Interior, and the United States Comptroller General, Lhrounh any authorized representatives, the access and the right to examine all records, books, papers, or documents related to this contract. Section X1. 11on i for incl The Contractor shall permit the Department to inspect and shall hake available to the Department for inspection any or all pertinent records, files, infcir(:ation or other - wri Lt:en materials maintained by the Contractor or any person or other entity with whom any portion of the performance hereunder has been subcontracted. The Contractor- shall permit the Department free access to all prerrrises under its control or under the control of any person or other entit.: .iith whom any portion of the performance hereunder has been subcontract- ed. The Department may use these inspections to ascertain whether the Con - trartnr is operating its YCC Project in accordance with thV Provisions of this contract and with the procedures required by applicable statutes, rec;ulations, rules, and lams. Section XIL tncie x ?ndE?nL Contractor It is expressly unriersLn(td and agreed by both part ip, hereto th it tit- I •(.,, _ is contracting with the Wn Lrac tor a7, 111 i n(tepp.,*1don t: curl t. rirc t.v1' and 40 the CntlLracLor, :{o ;uch. raprc'('s Ln hold the 1„':.':'t'i,ili('r ) t hrir:rllf'SS c:nd In i"'' mni {y i from and aq,tilr•.t in, Iliid all cls - c!1 r....r�li� and Ca i ar ! , h of every kind and r hit I, Wr which wny li• tl ;'.- rf }, r , i111j 1.1;11:: ;1 _y (I(tl,r'! i(r(j or' 111 a11Y l•a {t: it r"L tn, ar1 Inu ou, o f r lrl.t (i11HeE'L1 , ! the ervices to be perfoi -med by the Contract. r his contract, }i, �' 6 u t (,,{ f 1 ..Icy, <. "', , •'( Ir',. � ►lirl, 1!11 ; he i�t..l' '.�1,:'nt. .rrl•. �_�t�!r'�!1 in t. to cot lest inr d t .: lit- n f r us , t Program t-tar'raLivo ' rf.emunt. (,( Atli t i j.,, (1. ��ith ' `Vi<.i,n ' v } ` thEc ;::. w thin ' ► twenty (Zi1; � ,;;� . after• f...l ': ut- i.c�• ,-cirltr {: .. E. The ConLracLor shall -'r submit such ,1f- or- report% or. `,:' r „ic-r•:tinil 1 {r;� ._,. 1•nl,i nr�e of this contract a as may hp roquir od b; th- lol .,-Upi11t. 711(' way "so any t•eperLs ',uLmiLLed by th” t;utltractor• to reasure a'_:om - -, t ?iisj•,r<As in achieving objectives stated iii Lhi s contract. F. The Contractor- shall arrange for an indepondellt. audit by th,� local lovernment audit: staff, a certified Public accountant, or an audit fins of all funds received under this contract. They Contractor assures that the audit shall be in compliance with AttachnrpnL G of MIR Circular No, A -102 Vevinyd, 42 fed. Rest. 45831 -45832 (1977) and shall be submitted to the Gepar rent by December 31, 1978. SOCK o" IX. Records Retention The t,(ntract:or- shall retain all financial Words, supporLing dc:' its, statistical records. and all other records relat:in( j t0 its Prr- fvr-:: ivre her'ellrl(if'r relaLinq to its YCC Project for a lreri(lil of three (3 wars ?,E?'rinning with the termination date (If Det{a1- 1lgent's (tr•ant from the Units t States DellarLme"ts of Agi- irulture and Interior. or four years, which - evar :'xpir'es last, and shall con 1v with all rvquirvm('nts in Attachment C of NIB L i r-cu l a r tlri . A -102 Revised, 42 Fed. Req , 45829 -45830 (1917) , as to reten- tion and custodial care of pertinent records. Section X. Accessibility of Records The Con trac to{' shall give the Depar Lmen t , the United States Depar t- menLs of Agriculture and Interior, and the United States Comptroller General, Lhrounh any authorized representatives, the access and the right to examine all records, books, papers, or documents related to this contract. Section X1. 11on i for incl The Contractor shall permit the Department to inspect and shall hake available to the Department for inspection any or all pertinent records, files, infcir(:ation or other - wri Lt:en materials maintained by the Contractor or any person or other entity with whom any portion of the performance hereunder has been subcontracted. The Contractor- shall permit the Department free access to all prerrrises under its control or under the control of any person or other entit.: .iith whom any portion of the performance hereunder has been subcontract- ed. The Department may use these inspections to ascertain whether the Con - trartnr is operating its YCC Project in accordance with thV Provisions of this contract and with the procedures required by applicable statutes, rec;ulations, rules, and lams. Section XIL tncie x ?ndE?nL Contractor It is expressly unriersLn(td and agreed by both part ip, hereto th it tit- I •(.,, _ is contracting with the Wn Lrac tor a7, 111 i n(tepp.,*1don t: curl t. rirc t.v1' and 40 the CntlLracLor, :{o ;uch. raprc'('s Ln hold the 1„':.':'t'i,ili('r ) t hrir:rllf'SS c:nd In i"'' mni {y i from and aq,tilr•.t in, Iliid all cls - c!1 r....r�li� and Ca i ar ! , h of every kind and r hit I, Wr which wny li• tl ;'.- rf }, r , i111j 1.1;11:: ;1 _y (I(tl,r'! i(r(j or' 111 a11Y l•a {t: it r"L tn, ar1 Inu ou, o f r lrl.t (i11HeE'L1 , ! the ervices to be perfoi -med by the Contract. r his contract, }i, �' 6 u t 1). 1 UP I? i I o) q n s j o 1 1 t 1) it o -.) v s v I o 1 4 1 w" Jill PDII 1, 0100 041 11 !'--% pw I Ido.111 .01 v l.-: +1.1 j Slit) I l t!:) I j 1 1 j I ;u pjr�, loia.lfias iI.w SO I :)I! 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Aldfitlo.) o.) st, o, pa-lopt; ';-)-)v.quo:jq,ns taptin fitil.illstit Aoj Jo Or'.ut 10-1 0] 1 stlo:) aq s1 :)e.1 lioxim, s, Io I DU X) I I 1):) 17!11 filliplIL:)(11 5111.1 1101 SLAI)MI Wu I IV11% 11111A0 01i Ill joo.will.) .to 11 wd ku 1! 10 ;),)if VIN.Mijad Ill tm, II! ;).1;711 mi-i ju, p.) l) tl:);)0:, s llo I I In') t I (Io pu L? , S1 t1dia*!.• 'I fit) ilm,, I I I- wI 01 IML(I AjillfiAl [[I'll!; I') A*mr 1,!t:; 1 !:!.1 !oil w.q 4 !:!I- llo l 1 1.1.. .l( }1.11. A). I I IV) ;T11; 11' 011 i !11,1'j 11{1` +,1!1 80,7 -14i C. Employment: Race, Religion, Color, Sex, National Origin, Physical or Mental Handicap, and Age 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Contractor shall take affirmative action to insure that appli- cants 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: Pmployment, 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 con- spicuous places available to employees and applicants fnr employment, notices setting forth the requirements of these nondiscrimination provisions. 2. The Contractor shall state in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor that all quali- fied applicants shall receive consideration for employment without regard to race, religion, color, sex or national origin. 3. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other con - tract or understanding a notice, advising the labor union or workers' repre- sentative of the Contractor's commitment 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 shall comply with all applicable equal oppor- tunity laws, rules, regulations and orders. 5. The Contractor shall furnish all information and reports and will permit access to its books, records, and accounts for purposes of in- vestigation to ascertain compliance 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 ineligible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise provided by law. 7. The Contractor shall not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is quali- fied. The Contractor agrees to take affirmative action to employ, advance in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employ- ment 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. B. The Contractor shall not discriminate in employment against any person because of his or her age or specify in solicitations or advertisements, a maximum age limit except and unless it is based upon a bona fide occupa- tional qualification, retirement plan or statutory requirement. 9. The Contractor shall include all clauses "1" to "9 " inclusive in every eligible subcontract or purchase order so that such provision will be binding upon each subcontractor or vendor. 1 10. The Contractor agrees to institute a complaint procedure to test implementation under this part and otherwise comply with all laws and regulations applicable to the employment of the handicapped which are hereby Page 8 of 12 80427 -14j incorporated by reference. Without limitation, this shall include: (1) establishment of an affirmative action program; (2) appropriate promulgation, internally and externally; (3) annual program review and monitors; and (4) designation of program responsibility. D. Real and Personal Property The Contractor agrees that, as owner, lessee, assignee or managing agent of real or personal property, it shall 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 shall the Contractor discriminate in the terms or privileges of the rental, lease or sale or in the furnishing of services in connection therewith. Advertisements, solicitations, notices, statements, or circulations pertaining thereto will not limit, prefer or dis- criminate 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 of goods and services, in the use of real and personal property, and in contracting for construction. In all instances, affirmative emphasis will be given to minority -owned and female - owned businesses in the procurement of goods and services, in the use of real and personal property, and in contracting for construction. In all instances, affirmative emphasis will be given to minority -owned and female -owned busi- nesses offering comparable quality and value. The Contractor will similarly require equal opportunity /affirmative action on behalf of minority -owned and female -owned businesses in its financial agreements. Section XVII. Environmental Protection A. The Contractor certifies that no owner or operator of a facility which is utilized in connection with this contract, has been notified that the facility has been listed on the EPA List of Violating Facilities pursuant to 40 C.F.R. § 15.20 (1976). In the event that the Contractor fails to comply with clean air or water standards at such facilities, the grant may be can- celled, terminated for default or suspended for such failure, in whole or in part, and the Department may refrain from further contracting with the Con- tractor. B. The Contractor agrees to comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports, and information as well as all other requirements specified in Section 114 and Section 308, respectively, and all regulations and guidelines issued thereunder. C. The Contractor agrees to notify the Department promptly of the receipt of any notice from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that any facility utilized or to be .utilized under this contract is under consideration for listing on the EPA List of Violating Facilities. Section XVIII. Uniform Relocation The Contractor shall comply with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, 42 U.S.C.A. § § 1415, 2473, 3307, 4601, 4602, 4621 -38, 4651 -4655, 49 U.S.C.A. § 1606 (1976, 1977 and Supps. 1978) and with OMB Circular No. A -102 Revised, 42 Fed. Reg. 45845 -45887 (1977), Attachment M of which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. Section XIX. Flood Disaster Protection Insurance If Contractor chooses pursuant to Section IV(A)(2) of this contract to expend funds for necessary renovation or modification of existing facili- ties or their basic infrastructure, and if the facilities renovated or modified Page 9 of 12 80^1%7-14k are located in a conmiunity where flood insurance has been made available under the Flood Disaster Protection Act of 1973, 12 U.S.C.A. 5 § 24, 1709 -1 (Supp. 1917); 42 U.S.C.A. F 4001 -4003, 4012a, 4013 - 4016, 4026, 4054, 4056, 4101, 4104 -4107, 4121, 4128 (1977), and if the location of the facilities 1,F,5 been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards, the Contractor shall purchase flood insurance in an amount sufficient to cover the sums expended or to be expend - ded in renovation.or modification of the aforementioned facilities. Section XX. Non- expendable Personal Property and Procurement Standards_ The Contractor shall comply with Attachments N and 0 of OMB Circular No. A -102 Revised, 42 Fed. Reg. 45888 -45891 (1977), in regard to non- expendable personal property and procurement standards, as if the Contractor were a "grantee" for purposes of those attachments. Section XXI. Political Activity None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for any partisan political activity (including, but not limited to an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. Section XXII. Conflict of Interest A. The Contractor shall establish safeguards to prevent its staff members, subcontractors, or employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with whom they have family, business or other ties. B. 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 covenants that in the performance of this contract no person having any such interest shall be employed. Section XXIII. Nepotism A. The Contractor shall not hire a person in an administrative capacity or staff position funded under this contract, if a member of that rIII person's immediate family is employed in an administrative capacity by the Contractor. B. Nothing in this Section relieves the Contractor from compliance with the State nepotism law, TEX.REV.CIV.STAT.ANN. art. 5996a (Vernon Supp. 1978). C. For purposes of this Section, the term "member of the immediate family" includes wife, husband, son, daughter, mother, father, brother, brother -in -law, sister, sister -in -law, son -in -law, daughter -in -law, mother - in -law, father -in -law, aunt, uncle, niece, nephew, stepparent, stepchild; the term "staff position" includes all staff positions funded under this con- tract, such as foremen and supervisors of weatherization projects, and the term "administrative capacity" includes those persons who have overall admin- istrative responsibility for a program, including all elected and appointed officials who have any responsibility for obtaining or approving any grant funded under the Act as well as other officials who have any influence or control over the administration of the program. Section XXIV. Sectarian Activities No funds received hereunder shall be used directly or indirectly to aid in the construction, operation or maintenance of that part of any facility which is used or will be used for sectarian instruction or as a place of religious worship. Page 10 of 12 80 -141 Section XXV. Termination A. Under the terms of the Department's grant from the United States Departments of Agriculture and Interior, the Secretaries of those Departments have the power to terminate Department's grant effective upon notice of termination, if activities that are funded by the grant have not been carried out in compliance with the grant. This contract shall terminate in the event that the Secretaries of Agriculture and the Interior so terminate the Depart- ment's grant; the termination of the contract shall occur on the same date as the termination of the Department's grant. Upon receipt of notice of termination from Department, the Contractor shall discontinue further commitments of funds pursuant to this contract, can- cel all subcontracts scheduled for payment with funds received pursuant hereto, and within ten (10) days after receipt of notice of termination supply the Department with a final financial statement, and repayment of any unused por- tion of funds advanced or a request for reimbursement for allowable expendi- tures incurred in the program before termination, in accordance with Section IV(B) of this contract. B. Each 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 under this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of termination. C. If neither party exercises its right to terminate pursuant to Sub- section B of this Section XXV, and if the Secretaries of the United States Departments of Agriculture and the Interior do not terminate the Department's grant so as to bring into effect Subsection A of this Section XXV, this contract shall terminate in accordance with Section III or XXVII(C), whichever first results in termination. Section XXVI. Compliance with Act, Regulations, and Other Applicable Law A. The Contractor shall comply with the requirements of the Act and with the rules and regulations promulgated thereunder. B. The Contractor shall conduct its activities funded under this contract and shall comply with the terms of this contract in such a manner as to prevent or to correct a breach of the Department's contract with the United States Departments of Agriculture and the Interior to operate YCC projects under the Act. C. The Contractor shall comply with Federal Management Circular (FMC) 74 -4 and Office of Management and Budget Circular (OMB) No. A -102 Revised, 42 Fed. Reg. 45828 -45891 (1977), Office of Management and Budget Circular (OMB) Circular No. A -95, 38 Fed. Reg. 32874 (1973), and all revisions thereof, to the extent and in the manner determined by the United States Departments of Agriculture and the Interior to be applicable to the Contractor and which con- cern the utilization of funds, the procurement of goods and services, the operation of projects, and the maintenance of records, books, accounts, and other documents under the Act. D. The Contractor shall comply with all applicable statutes, ordinan- ces, codes, regulations, rules, and other law of the state and local govern- ments. Section XXVII. Legal Authority A. The Contractor assures and guarantees that it is a'public or non- profit private agency or organization which has been in existence for at least five (5) years and that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken Page 11 of 12 80427 -14m "living! the Conl t.or le(lal Withority t , nrlt.f�r into th�S conir��ct �J to per - f4 rr the servic"he Contractor has ol,l igated itself t� tlerform ur�u co er this n trac t. B. The person or persons signing this contract on behalf of the Con- tractor warrant and guarantee that he, she or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to bind the Contractor validly and legally to all terms, performances and pro- visions herein set forth. C. The Department shall have the right, at its option, to terminate or temporarily to suspend this contract if there is any dispute as to the legal authority of either the Contractor or the person signiiry this contract to enter into this contract. The Contractor is liable to the Department for money it has received from the Department for performance of the provisions of this contract, if the Department has suspended or terminated this contract for the reason set aside in this section. Section XXVIII. Oral and Written Agreements A. All oral or written agreements, relating to the subject matter of this contract and which were made prior to the date of the contract's execu- tion, between the Contractor and the Department have been reduced to writing and are contained herein. This instrument constitutes the entire agreement of the parties hereto for purposes contemplated herein. B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract. 1. Attachment I, Contractor's Performance Statement, ( 2 pages) 2. Attachment II, Contractor's Bi- weekly Financial Status Report, ( 1 pages) 3• Attachment III, Contractor's Weekly Summary of Participant Characteristics, ( 1 pages) 4. Attachment IV, Contractor's Form for Request for Payment, ( 1 pages) 5. Attachment V, Contract Amendment Form, ( 1 pages) 1918. WITNESS OUR HAND THIS day of ATTEST: Signed: Contractor Fritz Lanham, City Manager City of Baytown Affairs Approved and accepted on behalf of the Texas Department of Community 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 Di rec Resource Management Cen Legal Coun Fiscal Dire Deputy Dire I Page 12 of 12 ps ATTACHMENT I CONTRACTORS PERFORMANCE STATEMENT 80427 -14n 1• The Contractor will operate a project camp employing at least Nonresidential a period of - 27 vouch of both sexes for ___ 7 _consecutive weeks during the summer of 1978. The project' will be called Ba town Ba1V Cam will be operational in and /or around Ba town, Texas and 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 through 18 years, and Contractor shall employ youth, with proper supervision, under this contract from such list. The number of enrollee positions shall be filled and maintained filled throughout the project period. 3• The Contractor shall employ youth as employees and shall require participation in three parts of work projects to one part environ- mental education for no more than 40 hours per week; i.e. thirty 30 hours of paid physical work and ten (10) hours of donated �environmenttal education. 4. The Contractor shall provide supervisory and instructional personnel in the ratio of at least one staff person for every eight youth. Contractor shall establish and maintain a health and safety program for the duration of the project. 5. The Contractor shall compensate each youth employed under the terms of this contract according to one or proportion of the pay rates below: TYPE OF PROJECT -PAY RATE Nonresidential $2.65 per hour Residential $65.50 per week Contractor shall have enrollees complete forms to waive withholding income tax, but F.I.C.A. taxes should be withheld from above compen- sation rates. 6. The Contractor shall insure a planned rotation of youth among the various task functions for the purpose of providing each youth with a broadly diversified environmental work experience encounter through participation in the program. Work project activities shall include: Work projects will include( but not be limited to): 1. Construction of playground areas. (To include assembly and installation of play equipment, benches, etc.) 2. Landscape work to include bed development, actual planting, fer- tilization, weeding, etc. 3. Construction of picnic areas - work to include removal of brush, pouring cement pads, assembly and installation of tables and barbecue pits. 4. Site preparation in various parks to include brush, tree and stump removal. This will allow our parks to become more accessable by the publ i c 5. Erosion and drainage control along various ditches within our park system. Mao 8042? -14o 7. Travel for project staff employees will be authorized and reim- bursed in accordance with the regulations issued by the employing agency. In the absence of such regulations or any ommission, therein, travel regulations as applied to employees of the State of Texas shall apply. 8. 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 responsibility for maintaining and managing these resources for the American people. The Departments of Agriculture and Interior have stressed the following three equally important objectives of the Youth Conservation Corps as reflected in the law: 1. Accomplish needed conservation work on public lands; 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, ethnic, and economic backgrounds. C. The Secretaries or their representatives are to be allowed to periodically inspect the conduct of the program by the State. e id 8. 7 -14p n i i n1nt•ir-iv 1 i 1 [11 -nLLI%L 1 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS - YOUTH SERVICES DIVISION - FINANCIAL STATUS REPORT SECTION I- Contract Information 1.Contra,:tor's Name & Address: 2.Contract # 4.Contract Period From: To: 3. Report # 5.Type of Camp C] Residential C1Non- Res idential 6.Report Period 7-Date Report Prepared 8.Program Title I YSD USE ONLY Date Report Received SECTION II- Status of Funds by Cost Category Cost TOTAL THIS MONTH CUMULATIVE TOTAL TOTAL BUDGETED BALANCE Category Federal Non -Fed. Federal Non -Fed. Federal Non -Fed. Federal Non -Fed. I - General 2-Staff Pay Enrollee's 1.Vay 4 *Food Work 5.Project Costs Travel & 6.Trans. 7. Program Uirection Total EI•This Mo. Cumil l . To Date Total hudy,:, , ,i I ! Balance „' 1"14 iii- certification:I certify that to the best of my knowledge and belief that this report is correct and that all outlays and obligations are for the purpose set forth in the contract agreement. Report Prepared By: Title: Date Report Submitted: Telephone: Signature: Date Signed: Typed Name of Authorized Official: Title: W A11AL11MLNI III TEXAS DEPARTMENT OF COMMUNITY AFFAIRS - YOUTH SER;'iCES DIVISION (YCC) YOUTH CONSERVATION CORPS WEEKLY SUMMARY OF PARTICIPANT CHARACTERISTICS 1. Name & Address (Camp or Project) 2. Report Period YSD USE ONLY From: To: Date Report Received: 3. Contract Number 4. Report Number 5. Date Report Prepared 6. CHARACTERISTICS Male 6.a. Sex Fema re 15 6.b. Age 16 Ethnic Group 6.c. Family " Income 6.d. White Black American Indian Native Alaskan Oriental Spanish (Chicano, Cuban, Mex. Amer. Puerto Rican, etc.) Other Below $5,000 Between $5- $10,000 Between $10- $15,000 Above $15,000 6th Education 7th (Last grade 8th in school) 9th"' 10th 11th 6.e. 12th,— 7. Total Number of Youth Participants 8. Number of Youth Leaders Male Signature of Authorized Official 9• Check One; if B or C A.None Accident please explain in .Minor Report(s) space provided below .Major 10. Number of Terminations 11. Terminations During this Report Period Cumul. to Date Male Female Male Female 15 Age 16 17 10.a. lg Ethnic Black White Group Spanisl 10.b. Other 10.c. Reasons for Separation Homesick Better Job Dissatisfaction Family Plans Discipline Medical Other Date Signed id 80A57-14r (fir, ATTACHMENT IV Jomotroller's Form 3A06.1.01 (Rev. 9.77) e I STATE OF TEXAS PURCHASE VOUCHER a. Trans Code 1b.BatchNo. I c. Agency No. d. 1 3 4 6 7 332 9 16 1 1 24 g. Agency NamTEXAS DEPT. OF COMMUNITY AFFAIRS h. Order Date I. equlsr P.O. Box 13166. Capitol Station. Austin. TX 78711 137 42 '. Invoice Date I k. Voucher Arno unt 1. Payee Reference No. m. Boar 10 15 43 40 49 S9 60 73 74 D J n. PM q. F. S. t. U. V. 16 23 24 Fund FY Cost Camp. Agency Amount o. Comptroller's Vendor I.D. No. p. Agency Voucher No. No. Center Object Object 2326 27 31 32 35 136 41 47 60 61 67 1a ( �j I x. Pay To: (Name, Address, City, State. Zip) fAgency Use) Y. er 30 6D Vendor Invoice No. 63 74 TOTAL "'DELIVERY aa, bb' cC' UNIT dd. DATE DESCRIPTION OF ARTICLES OR SERVICES QUANTITY PRICE AMOUNT VENDOR CERTIFICATION — go' AGENCY CERTIFICATION— N' i certify that the above services were rendered, or goods received, and that they correspond in every particular with the contract under which they were i, do Procured and that the invoice Is true, and unpaid. hereby certify that I am (Title of person certifying) Name Title and that I am duly authorized to make this certif ication for and on behalf of (Name of payee company /elalmant) 1 further certify that the attached invoice is correct and that it corresponds in every particular with the supplies and /or services contracted for. 1 further certify that the account is true, correct, and unpaid. Signature Name Data Approved for Payment Title Name Title Name I PRICE5 ABOVE ARE APPROVED BY Board of Control 19 Id ATTACHMENT V TEXAS DCPARTMENT OF COMMUNITY AFFAIRS YOUTH SERVICES DIVISION Contract With Amendment No.__ STATE OF TEXAS i COUNTY OF TRAVIS 8P",17-14s The Texas Depart of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and , hereinafter referred to as "Contractor" do hereby agree and contract to amend their original contract and agreement identified below as specified herein. Original Contract Identification Date of Execution: Period of Contract: Maximum Department Obligation under original contract: Department and Contractor hereby agree to an amendment of page , paragraphs to read as follows: WITNESS OUR HANDS this Contractor day of , 1978. Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas, this day of 1978. L* 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.