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Ordinance No. 2,763® 01108 -8 ORDINANCE NO. 2763 AN ORDINANCE 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: Section 1: That the City Council of the City of Baytown hereby approves the contract with Harris County for a Com- prehensive 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. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 8th day of November , 1979. (TMETT 0. HUTT , Mayor ATTEST:= J EILEEN P. HALL, City Clerk APPROVED: S�� 4�t� SCOTT BOUNDS, City Attorney a E. G 91108 -8b RCB:jt ® April 4, 1979 ® 557 THE STATE OF TEXAS COUNTY OF HARRIS A G R E E M E N T 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 City of Baytown , a private non - profit organization or institution engaged in public service or a unit of general local government, 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, as amended by the Comprehensive Employment and Training Act Amendments of 1978, Public Law 95 -524, is an Act to provide, at Title II, Part D thereof, economically disadvantaged persons, who are unemployed, with transitional employment in jobs providing needed public services and related training and services to enable such persons to move into employment or training not supported under said Act; and WHEREAS, the Emergency Jobs Programs Extension Act of 1976, Public Law 94 -444, further provides, in part, for non- profit private organizations or institutions engaged in ..public service or units or general local government to par- ticipate therein as project applicants;and WHEREAS,.the Comprehensive Employment and Training Act Amendments of 1978, Public Law 95 -524, further provides that employment thereunder (1) shall be entry level, (2) shall 968 -8c ® be combined with training and supportive services if such V training and services are reasonally available in the area, a'rd` (3) shall be designed to enable participants to move into unsubsidized employment; and WHEREAS, on or about January 8, 1979, tshe County rude a grant application to the U. S. Department of Labor tor'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 WHEREAS, such grant application was approved by the U. S. Department of Labor on or about February 15, 1979, by awarding Grant No. 48 -9- 540 -21, 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 as if set out word for word herein;.and WHEREAS, the Project Applicant represents that it is a private non - profit organization.or institution engaged in public service or a unit of general local goverment and that it acknowledges receipt of and represents 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 Project Applicant has submitted a pro- posal to the County entitled, " Baytown Emergency Jobs Program " hereinafter sometimes referred to as "Project Applicant's Proposal "; and WHEREAS, the Project Applicant represents that employment and training, by the Project Applicant in accor- 0 dance with the Project Applicant's Proposal, of economically 108 -8d ® disadvantaged persons as described in Section 236 of the Comprehensive Employment and Training Act of 1973, as amended, will meet the requirements of the Secretary of the U. S. Department of Labor as set forth in the Grant, Grant Applica- tion and pertinent Federal Regulations; and WHEREAS, the County in reliance upon the foregoing representations of the Project Applicant desires for the Pro- ject Applicant to so participate; NOW, THERLFORE, KNOW ALL AMEN SY THESE PRESE:dTS: That in consideration of the mutual covenants, agreements and bene- fits 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 perform the work set forth in the Project Applicant's Proposal, a true copy of which is attached hereto as Exhibit "A" and made a part hereof as though set forth herein word for word. It is expressly agreed by and between the County and the Project Applicant that in the event of any conflict between the provisions of this Agreement and the Project Applicant's Proposal (;which is attached hereto ® as Exhibit "A "), then and in that event, the provisions of this Agreement shall.govern and control over the provisions of the Project Applicant's Proposal to the extent that the same may be in conflict. Such work shall be performed by the Project Applicant solely within the boundaries of Barris County, Texas. i�. In performance of the services agreed to herein; the Project Applicant aqrees to observe and strictly comply with, all the terms, conditions -:,nd requirements established 9 under the Comprehensive Employ-w nt and Training Act of 1973, _3_ frM ® 0110-8e ® as amended, the rules and regulations promulgated pursuant thereto, the Grant and Grant Application and with all appli- cable Federal, State and City statutes, ordinances, rules and regulations. III. For each pay period during the term of this agree- ment, the Project Applicant agrees to furnish the Ccunty an affidavit executed by its chief executive officer, in a form approved by the County's Auditor, stating the names and resi- dence addresses of the persons employed by the Project Appli- cant under and pursuant to the terms and provisions of this agreement, the nature of their respective jobs, the nature of their respective training, 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, the respective amount of training costs and, in addition, both the total and per employee fringe benefit costs, both the total and per employee training costs actu- ally incurred in the implementation of this agreement :as such costs are described by the Secretary of Labor in fed- eral regulations to be codified at 29 C.F.R. S 677.58 ® (44 Fed. Reg. 4410 (1979)), and both the total and per em- ployee administrative costs actually incurred in the imple- mentation of this agreement as such administrative costs are described by the Secretary of Labor in federal regulations to be codified at 29 C.F.R. §S 676.40 and 677.58 (44 Fed. Reg. 4388 and 4410 (1979)). 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. IV. ® Subject to the limitations set forth herein, for -4- 91 -8f 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 Appli- cant for its allowable expenditures hereunder during said pay period. All payments required hereunder may be delivered to the Project Applicant by depositing the same in the United States mail, postage prepaid, addressed to the Project Appli- cant at its address set forth in the Project Applicant-'s Proposal, or such other address as the Project Applicant may designate by written request delivered to the County. The County may notify the Project Applicant of any expense which i.t determines to be of questionable allowability and may withhold reimbursement thereof to the Project Applicant until all questions are resolved either by final audit of the Grant Application and Grant by the U. S. Department of Labor or by agreement of the parties hereto. M Project Applicant is aware and agrees that the County has no County funds available for payment of its obligations under this Agreement, and that County contemplates paying all of its obligations to Project Applicant hereunder out of funds to be ® received under the Grant from the U. S. Department of Labor. Project Applicant is also aware and agrees that reimbursement under the Grant and Grant Application for the services to be provided hereunder is limited to a principal sum of $ 127,895.00 , training costs of $ _o_ and administrative costs of $ -0- (which administrative costs shall not exceed 5% of the total sum hereinafter set forth); said three sums total $ 127,895.00 , herein sometimes referred to as the "total sum." Accordingly, notwithstanding anything herein to the contrary, the maximum liability of the County under ® the terms and provisions of this agreement shall riot -5- OS -8g Is 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 dis- charge such liability of the County, and if the County has paid such liability, then the Project Applicant will promptly reim- burse the County in such amount. Project Applicant shall promptly reimburse to the County all funds paid by the County to Project Applicant which are determined to have been improperly expended by the Project Applicant as a result of any Federally approved .audit of Project Aplicant'Is performance under this Agreement. Project Applicant shall indemnify and hold the County harmless from and against any and all losses, expenses, demands, and cla-ims made against the County arising in any manner fro;n Pro- : je.ct Applicant's performance hereunder whether caused by Project Applicant's negligence or not. IX. The Project Applicant agrees to keep a separate record of all funds received and disbursed under this Agreement and to furnish the County with all information and reports required by the Comprehensive Employement and Training Act of 1973, as amended, and by the rules, regulations, and orders of the Secre- tary of-Labor promulgated pursuant thereto, and will permit access to 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. The Project Applicant agrees to.maintain said books, records, and accounts for three (3) years after final payment, or until a Federally :approved audit of the Project Appli- cant's performance hereunder has been made and all questions arising therefrom have been resolved, whichever is later.. The Project Applicant shall establish and use internal program management proce- dures sufficient to prevent fraud and program abuse. -7- 9 8 -8h exceed either (1) an amount equal to said total sum of $ 127,895.00 or ( 2 ) the amount received by the County from the U. S. Department of Labor for such purposes, whichever of said two 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 it 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 contracting parties and purposes, then and. in that even the County's division and classification of the funds among the contracting parties and purposes contemplated by the Grant Application shall be final and.concl.usive between the Project Applicant and the County. VI. It is expressly understood and agreed that any per - son 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 train =e 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 cla,iuLs of such employee and instruction of such trainee, and that the County shall have no obligation whatsoever to such employee and trainee. VII. The Project Applicant shall not .rake, in whole or in part, any assignment or subcontract of this agreement or of any duty or obligation of performance hereunder without the prior written consent of the County. VIII. It is understood and agreeed that if the Project Applicant fails or refuses to perform, in whole or in part, -61- ® 9110$ 8i ® X. For the purpose of evaluating the Project Applicant's Performance hereunder, 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. Such inspection may include but shall not be limited to the r:v:iew of data, observation of operations, and examination of records. XI. A. If the Project Applicant fails or refuses to perform, in whole or in part, hereunder or fails to prosecute the work so ® as to endanger the performance of this Agreement in accordance with its terms, the County may, by written notice of default to the' Project Applicant, terminate all or any part of this Agreement. Such notice shall set forth the effective date of termination and the portions of this Agreement terminated. Such notice shall be given to the Project Applicant by certified or registered United States Mail, postage prepaid, return receipt requested, addressed to the Project Applicant at its address.set forth in_the Project Applicant's Proposal. Such notice shall be considered given and completed upon deposit in the United States Mail as aforesaid. B. Upon such termination the County, with the review and concurrence of.the Regional Administrator of the Employment and .Training Administration of the U. S. Department of Labor, may procure, upon such terms as are appropriate, work similar to the work so terminated, and the Project Applicant shall be liable to the County for any excess costs for such similar work. XII. The term of this agreement shall commence on the Pro- ject start date specified in the Grant Application or October 1 1979 , whichever is later, and extend to the earliest of the follow- ing dates, to -wit: (a) The last day of the project term. The phrase _g- NE r lu r (b) (r.) 91108. -8 "project term" as used in this paragraph means the period of time beginning on the project start date and ending at the end of the project dura- tion provided for in the Grant Application and all amendments, extentions and modifications thereof, now existing or hereafter made. The last day of a period of 18 months from the project start date specified in the Grant Appli- cation. M , 19 -0-. XIII. 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 anv of.its officers, agents and employees. XIV. The undersigned officers of the Project Applicant hereby represent to the County that they have been duly autho- rized, 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 1979. APPROVED: HARRIS COUNTY By JACK M. FASSET A, Director JO`7 L114DSAY Harris County Employment & County Judge Training Adminstration ATTEST: CITY OF BAYTOWN S EC; R ETA RY mom BY ,I r� 1 9110 ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE STATE OF TEXAS COUNTY OF HARRIS § On this the day of 1979 the Com- missioners Court of Harris County, sitting as the governing body.,of Harris County, Texas, being convened at regular meeting of the court, upon motion of Commissioner , s:ecoded by Commissioner, duly put and carried; It is OPDERED that the County Judge of Harris County ® be, and he is hereby, authorized to execute, for and on behalf of Harris County, an Agreement between Harris County and providing economically disadvantaged persons, who are unemployed, (paupers) with transitional employment and related training and services R•. for a term set forth in said Agreement by said in accordance with Grant No. 48 -9- 540 -21, as amended, awarded by the U. S. Department of Labor under the authority of 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 herin. THE STATE OF TEXAS § § COUNTY OF HARRIS § I Anita Rodeheaver, County Clerk and Ex Officio Clerk of the Commissioners Court of Harris County, Texas, do hereby cer- tify that the above and .foregoing is a true and correct copy of an Order made and entered by the Commissioners Court in regular session lu rti 911081 on the day of , 1979, as it appears of record in the ;minutes of said Court, Volume , page GIVEN UIDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Anita Rodeheaver, County Clerk and Ex Officio Clerk of Commissioners Court of Harris County, Texas By _± t c: a