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Ordinance No. 2,87900424 -4 ORDINANCE NO. 2879 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE TEXAS DEPART- MENT OF COMMUNITY AFFAIRS WITH REGARD TO A YOUTH CON- SERVATION CORPS PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager of the City of Baytown to contract with the Texas Department of Community Affairs for a Youth Conservation Corps Program in and /or around Baytown, Texas. Section 2: This ordinance shall take effect frcm and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 24th day of April. 1980. ETT UTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: Y SCOTT BOUXDS, City Attorney 00424 -4a E X H I B I T "A" 00424 -4b TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CHILDREN AND YOUTH SERVICES DIVISION CONTRACT FOR YOUTH CONSERVATION CORPS PROGRAM OPERATION 1980 STATE OF TEXAS I COUNTY OF TRAVIS Section I. Parties to Contract i ' ; fi This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Baytown I. hereinafter referred to as "Contractor." The parties hereto have severally and collectively agreed and by execution hereof are bound to the mutual obligation and to performance and accomolishment of the tasks hereinafter described. Section II. Contractor Performance Contractor will operate a Youth Conservation Corps project in accord- ance with the Youth Conservation Corps Act,- hereinafter referred to as "the Act," 16 U.S.C.A.§ § 1701 -1706 (Supp. 1977), and federal program regulations. Contractor shall render the performances specified by, and shall render such performances in accordance with, Attachment I hereby made a part of this contract. Such Youth Conservation Corps project shall be hereinafter referred to as the YCC Project. Section III. Contract Period This contract and agreement shall commence May 1, 1980 and shall terminate August 31. 1980 Section IV. Department Funding Obligations A. Measure of Liability In consideration of full and satisfactory performance hereunder, the Department shall be liable to the Contractor in an amount equal to eighty percent .(804) of the actual costs incurred by the Contractor for performances rendered hereunder subject to the following limitations: 1. The Department shall not be liable to the Contractor for expenditures made in violation of Sections 214.5 (j)(l) and (m) of the regulations promulgated under the Act, 43 Fed. Reg. 40998 -41008 (1978), or in violation of any other regulations promulgated pursuant to the Act. 2. The Department shall not be liable to the Contractor for expenditures for construction of residential facilities except for necessary renovation or modification of existing facilities and their necessary basic infrastructure. The Department shall be liable to the Contractor for its capital outlays only when the Contractor has exerted its best effort to keep capital outlays to a minimum. Any single purchase of a capital asset hereunder in excess of one - hundred dollars ($100.00) shall require the prior written approval of Department as a requirement in addition to that requirement imposed by the preceding sentence. Page 1 of 16 r.� 0- 0424 -4c 3. The Department shall not be liable to the Contractor for any expenditures which are not allowable costs defined in RIC 74 -4, 34 C.F.R. 255 (1970), 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, the - budget set forth in Attachment II, and all written amendments hereto signed and agreed to by both the Department and the Contractor or resulting from the Contractor's acceptance of proposed amendments in the manner presecribed in subsection C of Section XV.. 5. The Department shall not be liable to the Contractor for expenditures that do not satisfy any of the following cost descriptions: a. Personnel - Includes staff and enrollee pay. b. Fringe Benefits - For enrollees, includes only FICA, accidental injury compensation, and tort claims coverage, and is subject to the limitations stated in 43 C.F.R. Subsection 214.5'(S). Staff costs include employer's share of fringe benefits such as Social Security, health insurance, worker's compensation, etc. c. Travel - Includes transportation of enrollees and staff to and from project sites and staff transportation to and from training sites and for enrollee selection and re- cruitment. Travel cost shall include rate per mile, per diem, and other types of travel expenses authorized by the Department, pursuant to Section XXXI of the contract. d: Equipment - Includes the purchase of any equipment necessary to carry out the project, but subject to the limitati -ons set forth in the paragraph below. Includes required items such as safety equipment. e. Supplies - includes supplies necessary to carry out the-project both in the field and administratively. Includes such. items as work and environmental awareness materials, vehicle operation and maintenance, equipment operation and maintenance. f. Contractual - Includes any items.that are contracted for, leased or rented by the Contractor to carry out the YCC project, but subject to the limitations set forth in the paragraph below. g. Other - Includes all costs necessary for operation of the project, but subject to the limitations set forth in the paragraph below. h. Indirect Costs - Includes indirect cost to operate program. Contractor must have an approved indirect cost plan. i. Program Income -- Includes income from meals and lodging at residential projects and any other income arising from the project. Contractor's expenditures for single items of "Equipment" with a purchase price of One Hundred Dollars ($100.00) or more as specified in cost category number four of Attachment II (Budget) and any Contractor's expenditures, regardless of amount, for "Contractual" and "Other" as specified by cost categories numbers six (6) and seven (7), respectively, of Attachment II (Budget) shall be limited to those expenditures which either have been approved in advance in writing by Department or are enumerated as follows: Page 2 of 16 00424 -4d Eq i,nnent - Gardening tools, power saws and drills, post hole drills, kitchen equipment (residential facility only), grass mowers, nand tools, safety equipment Contractual - Transportation vehicles, heavy earth moving equipment, reproduction equipment. OYhe,r - Start -up expenses, program planning, training, postage, utilities, telephone, audit, medical, first.aid, printing, advertising, office space, camp opening and closing costs. Furthermore, the Department shall in no event be liable to the Contractor in any amount properly allocable to one of the cost descriptions hereinabove specified that exceeds the amount set forth in the budget schedule for that cost description as is set forth in Attachment II of this contract. 6. Notwithstanding subsection D of this Section, it is understood and agreed by the parties hereto that the Department's obligations under this Section are contingent upon actual receipt of adequate funds from the United States Departrent of Agriculture and the United States Department of Interior to meet putative liabilities under this subsection, provided that if the united States Departments of Agriculture and Interior give the Department written and specific notice that the Department-will not receive adequate funds to make payments to the Contractor under this contract,'the Department shall notify the Contractor in writina to that effect within a reasonable time thereafter. 7. Department shall not be liable for any costs incurred by Contractor in the perforrance of this contract which have not been billed to Department within ninety (90) days following. the termination of this contract. 8. Department shall not be liable to Contractor for costs incurred by Contractor before the commencement.of this contract or after the termination of this contract. 9. Department shall not be liable to Contractor for any cost incurred by Contractor, or portion thereof which: (a) has been paid to Contractor or is subject to payment to Contractor, or (b) has been reimbursed to Contractor or is subject to reim- bursement to Contractor, by any source other than Department or Contractor. B. Method of Payment 1. The Contractor hereby elects to receive payments from the Department' hereunder as provided in the provision checked below. L Monthly Reimbursement Basis. The Contractor shall submit a requisition for payment not more than twice per month on a form prescribed by the Department. Within a . reasonable time after receipt of the Contractor's requisition for payment, the Department shall pay to Contractor an amount equal to Departmental liabilities accrued as specified in subsection A of this Section. /X; / Advance Payment Basis. a. The Contractor shall request an advance payment in an amount equal to Contractor's reasonable estimate of one average month's needs for funds but not exceeding thirty percent (30 %) of the maximum Department liability specified by subsection D of this Section. The request for advance shall be Page 3 of 16 Od424 -4e submitted on a form prescribed by the Department and shall be received by Department's Children and Youth Services Division at least three (3) weeks prior to the date upon which Contractor wishes to receive the advance. b. Following Department's receipt of the request for advance from Contractor made in accordance with Subsection B(l)(a) 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. c. Following receipt by Contractor of Department's payment pursuant to Subsection B(l)(b) of this Section IV, Contractor shall bill (according to Department's reasonable billing instructions) Department periodically, but no more often than twicein any monthly period, in the amount of Departmental liabilities actually accrued (pursuant to Subsection A of this Section IV) but not previously billed by Contractor. Department shall pay to Contractor an amount equalling Departmental liabilities actually accrued.(pursuant to Subsection A of this Section) but not previously billed and paid pursuant to this Subsection S(1)(c) against Departmental liabilities accrued or to be accrued as specified in Subsection A of this Section. 2. Notwithstanding the provisions of Paragraph 1 of this Subsection B, it is expressly understood and agreed by the parties hereto that payments under this contract are conditioned upon Contractor's full and satisfactory performance of its obligations under this contract. 3. In addition to the limitation on payments imposed pursuant to Paragraph l of this Subsection B, it is expressly understood and agreed by the parties hereto that if the Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract or any other contract the Department has with the Contractor, the Department may, at its. sole option and in its sole discretion, withhold any or all payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify the Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by the Department until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. 4. In addition to the limitations, on payment imposed pursuant to Paragraphs 2 and 3 of this Subsection B, it is expressly understood and agreed by the parties hereto that Department may, at its sole option and in its sole discretion, withhold from payments to Contractor any amount not exceeding fifteen percent (15 %) of each claim by Contractor for reimbursement hereunder which Department would otherwise be obligated to pay to Contractor but for its option to withhold such amounts. Payments withheld pursuant to this paragraph may be held by Department until such time as all liabilities under this contract or any other contract between Department and Contractor terminating prior to or concurrently with the termination of thi.s contract have been finally determined by the mutual agreement of Department and Contractor or through administrative or judicial determination. Within a reasonable time following such determination, Department shall pay to Contractor the amount of Department's remaining liability finally determined. 5. It is further expressly understood and agreed by the parties hereto that Contractor's performance upon which final payment is conditioned shall include, but not be limited to the following: (a) Contractor's complete and satisfactory performance of its obligations for which final payment is sought; (b) timely submission to the Department of the final close -out or expenditure report required under this contract, and (c) timely submission of the audit report required under this .contract. Page 4 of 16 Prior to Contractor's performance the Department may, at its sole o withhold the final payment, in wh as Department has determined from the final amount owing under this time following the determination amount owing under this contract, tractor the amount determined by oaring under this contract. 00424 -4f of the above -- listed obligations, ption and in its sole discretion, ole or in part, until such time such final report and /or audit contract. Within a reasonable by the Department of the final the Department shall pay to Con- - Department to be the final amount 6. Notwithstanding any other provision of this contract, it is expressly understood and agreed by the parties hereto that the Department may, at its sole option and in its sole discretion, offset any amounts withheld or otherwise owing to the Contractor hereunder against any amount owing but unpaid by Contractor to Department arising from this or anv other contract between Department and Contractor. 7. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Subsection 8 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. C. Excess Payments Contractor shall refund to Department any sum of money which has been paid by Department which Department determines (1) has resulted in overpayment to Contractor or (2 )•has not been spent strictly in accordance with the terms of this contract within ten (10) working days after the refund is requested by Department. D. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments, liabilities and other obligations made or incurred by the Department hereunder shall not exceed the sum of Eighteen Thousand Three Hundred Ninety Five and 00/100 Dollars ($18,3-97-0-0T— Section V. Enrollee Selection A.' The Department shall provide the Contractor with a list of qualified applicants for its YCC Project. From this list and from qualified youth who have participated in prior YCC projects (returnees) Contractor shall select and hire at least 20 enrollees for at least 7 weeks for its YCC project. The Contractor shall be responsible for screening the list of qual- ified applicants provided by the Department to determine whether such applicants have participated in previous YCC projects.. Contractor shall insure that no more than ten percent (10 %) of the enrollees employed shall have been enrollees in previous years. All returnees shall be designated as Youth Leaders. Page 5 of 16 B. The Contractor shall exert its best effort to assure that 0042 -4g enrollees selected 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) by June 1, 1980, but have not attained the age of nineteen (19) by August 30, 1980, 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 of 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 Em to ee 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 activities per week of which twenty -five percent (25 %) shall be integrated enrivonmental awareness. Enrollees shall be paid for thirty (30) hours of work per week, or seventy -five percent (75 %) of the total number of hours in the Contractor's established-work week (if less than 40 hours), whichever is less: Youth Leaders shall be paid $1.50 per day above the norr�al enrollee wage. Section VII. Safety Standards A. The contractor shall provide to the Department by May 30, 1980, a written accident control, health, and safety program. As a minimum, 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. B. Contractor shall provide on -site supervision of enrollees at all times during which the work activities are being performed, based on the number of enrollees in Section V. The Contractor shall provide on -site supervisory personnel in the ratio of at least one supervisor for every ten enrollees. Section VIII. Reporting Re ui rements A. The Contractor shall submit a Financial Status Report on a form prescribed by the Department. The Contractor shall prepare these reports on an accrual accounting basis using the functional headings with appropriate items under each as listed in Section IV, Subsection A, paragraph 5 of this contract. The Contractor shall submit this report to the Department's Children and Youth Services Division'on a monthly basis within five (5) working days after the end of the month covered by the report, except that where the Contractor bills the Department more than once per month, the Contractor shall submit a report to the Department's Children and Youth Services Division together with its submission of each requisition for payment. B. The Contractor shall maintain fiscal records and supporting docu- ments for all expenditures of funds under this contract. The Contractor shall submit a final Financial Status Report to the Department's Children and Youth Services Division within thirty (30) days after the end of the contract period. C. The contractor shall submit a final Program Narrative Statement which shall include: (1) location of project including mailing address, street address, and county; (2) distance to and name.of nearest town; (3) number of enrollees in the project; (4) enrollee loss rate; (5) type of project (7 -day residential, 5 -day residential, nonresidential, or other); (6) length of session including number of weeks and beginning and ending dates; (7) description of living conditions including types, age, and condition of tents, cabins, dorm- itories, or other facilities; (8).project staff including number of staff and their position titles; (9) complete calculation for daily rate of enrollee pay including deduction for food and lodging, if any; (10) description of Page 6 of 16 00424 -4h health and safety program; (11) description of enrollee and staff recruitin'1 and selection systems including description of affirmative action measures taken to assure that minority and other disadvantaged persons receive equal opportunity and consideration; (12) description and hours of enrollee inte- grated environmental ,cork- learning experience by resource category, and value of work supplies and materials by resource category; (13) description and value of work accomplished by resource category (for example, timber managerent, recreation, etc.); (14) the Contractor's agreement to administer tests, conduct interviews, or otherwise assist the Department and the Federal Government in collecting data on the YCC program. The Contractor shall submit this final Program narrative Statement to the Children and Youth Services Division of the Department within twenty (20) days after the end of the - contract period. F. The Contractor shall submit such other reports on the operation and performance of this contract as may be required by the Department. The Department may use any reports submitted by the Contractor to measure accom- plishments in achieving objectives stated in this contract. Section IX. Audit The Contractor shall arrange for an independent audit by the local government audit staff, a certified public accountant, or an audit firm of funds received under this contract. The Contractor assures that the audit shall be conducted in compliance with the requirements of Attachment G of OMB.Circular A -102 Revised, 42 Fed. Reg. 45831 -45832 (1977) as if such requirements were directly applicable to the Contractor. Said audit shall include schedules reflecting total receipt and disbursements of the federal and non - federal funds involved in performances funded under this contract, indicate any questioned costs, and must be consistent with generally accepted audit pro- cedures. A copy of this audit shall be submitted to the Department's Children and Youth Services Division within ninety (90) days after termination of this contract. Section X. Maintenance of Records The Contractor agrees to maintain all books, records, documents, reports and accounting procedures pertaining to the operation of programs and expenditures of funds under this contract for three - 3) years from the date of final payment under this contract or for four (4) year, whichever period expires first. Records shall be retained beyond this period if audit findings have not been resolved. In this event, the records shall be retained by the Contractor for a period of three (3) years from the time when the audit findings are resolved. The Con- tractor shall keep these records, documents, and reports in good and accessible condition. Section XI. Department Monitorin The Contractor shall give the Department and the United States Departments of Agriculture and Interior through their authorized representatives, access to and the right to examine any or all.pertinent records, files, books, or other written materials relating to this contract and maintained by the Contractor or any person or other entity with whom-any portion of the performance hereunder has been subcontracted. The Contractor shall give the Department and the United States Departments of Agriculture and Interior the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. Section XII. Independent Contractor It is expressly understood and agreed by both parties hereto that the Department is contracting with the Contractor as an Independent Contractor and that the Contractor, as such, agrees to hold the Department harmless and to indem- nify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be per- formed by the Contractor Under this contract. ` Page 7 of 16 Section XIII. Subcontracts 00424 -4i A. Contractor shall subcontract for the performances specified herein only where such subcontracts and the subcontractors are expressly specified herein or with the prior written approval of such subcontracts and subcontractors by the Department. Contractor, in subcontracting any of the performances here- under, shall legally bind subcontractors to perform subject to all the duties, requirements, and objigations specified of Contractor herein with respect to such performance or any portion thereof. B. In no event shall any provision of this Section, specifically including the requirement that Contractor obtain the prior approval of Department on Contractor's subcontracts, be construed as relieving Contractor of the respon- sibility for insuring that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the performances rendered were rendered by Contractor hereunder. C. The Contractor agrees that it will not execute any subcontract for performances hereunder pursuant to which the funds and resources provided the subcontractor under the terms of the subcontract would be substituted for funds and resources from other sources or would in any way serve to reduce the resources, services or other benefits which would have been available to, or provided through, the Contractor or subcontractor had such subcontract not been executed. D. The Contractor agrees that in all subcontracts it executes for per - formances hereunder the contractual relationship shall be governed by the principles stated in the "Conflict of Interest" and "Nepotism" provisions herein and that ' all subcontracts shall contractually bind Contractor and i-ts subcontractors to abide by such principles. E. Departmental approval under this Section does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance under this contract. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under this Section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. Section XIV. Compliance with Laws 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 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 -9.5, 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 concern the utilization of funds, the procurement of goods and services, the op-eration of projects, and the maintenance of records, books, accounts and other documents under the Act. D. The Contractor shall comply with all applicable statutes, ordinances, codes, regulations, rules, and other laws of the state and local governments. Page 8 of 16 .00424 -4 j Sect Ion XV. A2iend :s n r ; and Changes r,. Any alteratioo or addition to, or deletion from the terns of '�,i1, contract_ .which are required by changes in federal laws, or Federal reyul.)+.i,ws ��ror+ulgated i,�ursuant thereto, are arrtor,ratic�ally incorporated into this cofitr,ic`- �ii thout written amendr.iprit hereto and are effective on the date designated by the 1-aw or re(iulation. B. If the f•oni.rir. i ,)r cannot conform to the uhangeS required by F i,di-ra ! lags or Federal regulations uroMulgated pursuant thereto, the Contractor -,hill notify the Department in :,siting no later than the effective date of such 1 :4� or regulation that it carrnot conform. The Department shall then establish the standards for the termination of .Contractor's YCC Project and shall ter:!;indtp the contract as soon as practicable. C. Any alteration, addition, or shall be by amendwent hereto in .,eriting except as may be expressly provided for - this contract. Section XVI. Order of Precedence deletion to the terms of this contract and executed by both parties hereto in some other mariner by the terms of . In the event that there are conflicts among the provisions of this contract, the conflicts shall be resolved by giving precedence to the sections appearing; on the first sixteen (15) pages of this contract and all amendments thereto, over the attachments to this contract and the amendments thereto. Section XVII. Non-Discrimination and E�cual Opportunity The Contractor agrees that it shall comply with the following Equal Employment Opportunity (EEO) Requirements: A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion. color, sex, age, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that participants are treated during employment without regard to their race, reli- gion, color, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, up- grading, demotion or transfers; recruitment or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post. in conspicuous places available to participants and applicants for employment, notices setting forth the requirements of these non- discrimination provisions. B. The Contractor shall state in all solicitations or advertisements for participants and employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to.race, religion, color, sex, age, or national origin. C. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or .other contract or understanding a notice, advising the labor union orworkers'representative of the Contractor's commitments to equal employment opportunity and affirmative action, and shall post copies of the notice in conspicuous places available to participants and applicants for employment. D. The Contractor shall comply with all applicable equal opportunity laws, other employment laws, rules, regulations and orders, on federal, state. and local levels. E. The Contractor shall furnish all information and reports and shall permit access to its books, records. and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. pope 5 of 16 00424 -4k F, in the event of the Contractor's noncompliance with equal oppor- tunity conditions of this contract, the Department may cancel, torninate, or suspend this contract in whole or in part; the Contractor- may be declared ineligible for further contracts and such other- sanctions may be ir,posed and remedies invoked as other- wise provided by law. G. The Contractor shall include all of subsections (A) through (G) in every eligible subcontract or purchase order so that such pro- visions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract as the Department may direct to enforce such provisions, including action W non- compliance. H. The Contractor covenants that no person with responsibilities in the operation of any program funded under thin contract will dis- criminate with respect to any employee, program participant, or any applicant for participation in such program, because of race, color, religion, sex, national origin, age, handicap, or political affili- ation or belief. 1. The - Contractor shall comply with Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000[d]), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants that no per- son in the United States shall, on the grounds of race, color, sex, national origin, age, handicap, or political affiliation or belief be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Contractor herein receives financial assist- ance, and will immediately take any measures necessary to effectuate this requirement. J. The Contractor shall comply with Title YII of the'Civil Rights Act of 1964 (42 U.S.C. § 2000[e]), as amended, and Executive Orders 11246 and 11375, which are incorporated herein by this reference as if fully rewritten, and covenants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. K. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. §r 201 through 219), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants that it will not practice wage differentiation in employment based on sex. L. The Contractor shall comply with the Age Discrimination In Employment Act (29 U.S.C. §§ 621 through 634), as amended, and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and covenants that it will not practice discrimination against ar, employee or applicant for employment on the basis of age. The Contractor shall not discriminate in employment against any per- son because of his or her age or specify in.solicitations or adver- tisements a maximum age limit except and unless it is based upon a bona fide occupational qual- ification, retirement plan, or statutory requirement. M. The Contractor shall take Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, religion, national origin, or condition of physical or mental handicaps, provided, however, in the instance of.a handicapped person, that the per - son's handicap does not prevent that person from doing the job that person would be hired to perform. Such action shall include. but not be limited to, the following: employment, upgrading, demo- tion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor also covenants to post in conspicuous places, available to employees and applicants for employment, notices'to be provided by the Department's EEO Officer setting forth the provisions of this non - discrimination clause. Section XVIII. Affirmative Action For Disabled Veterans of the Vietnam Era (This section is applicable pursuant to 41 C.F.R..' 60 -250 (1977) only if the Department's maximum funding obligation under subsection (D) of Section IV is 10,000.n0 or more. The application of this section shall be governed by the regulations found at 41 C.F.R. 560-250.) Page 13 of 16 00424 -41 A. The Contractor :iorees that it shall comply with Section 402 r)f t.il;, Vieto,3m Era Veteran; Feaij,rst.menl, Assistance Act of 1014 an," the rules, re(_wl;)- tions and orders relating thereto which are incur ^orates! herein try this reference a; if fully rewritten, -inc] covenants that it wilt tat,,o-affirmative action to employ and advance in employment qualified veterans -rnd disabled veterans of the Vietnam era and will not disr.rininate in an cmplorlent situation against !- rentally or physically handicapped or dis=ibled veterans or against otherwise qualified V etrialn Era Veterans, if such individuals are capable of perfor ^ring the work involved in thn employ+ ;cent si tu,rtion. 8. The Contractor will inr.lule the provisions of this Section in every �ubrontrZct or purchase orrice of $10,000.00 or wore unles- exe.iyted by rule;, regulav ion;, or orders of i.he Secretary of the tini States Deuartment' of Labor, so t`rat such provisions w i I I be binding upon Each subcontractor or vendor. The Contract.:ar will tak e such action with resuect to any �.ub,,ontract or purchase order as the `irpartruent !n3y direct to enforce such provisions, including action for noncompliance. Section XIX.' Affirmative Action for Handicapped (This Section is applicable pursuant to 41 C.F.R.'; 60 -471 (1978), if the Departric-,nt's roximum funding obligation under subsection (D) of Section IV i-. $2,500.00 or more. The application of this section shrill be governed by the regulations found at 41 C.F.!Z.'� 60 -471.) A. Contractor agrees that it shall comply with Section 503 of the Rehabilitation Act of 1973, Pub. L..93 -112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 43 -516, and the rules, regulations, and orders relating thereto, which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified handicapped individuals and will not discriminate in an employment situation against handicapped individuals if such individuals are capable of performing the work involved in the employment situation. B. The Contractor will include the provisions of this section in every subcontract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase as the Department may direct to enforce such provisions, including action for noncompliance. Section XX. 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 Iisted 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 Contractor. 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 XXI. 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. Page 11 of 16 00424 -4m Section XXII. 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 facilities or their basic infrastructure, and if the facilities renovated or modified are located in a community where flood insurance has been made available under the Flood Disaster Protection Act of 1973, 12 U.S.C.A. �5 24, 1709 -1 (Sapp. 1977(; 42 U.S.C.A. §§ 4001 -4003, 4012a, 4013 -4016, 4026, 4054, 4056, 4131, 4104 -4107, 4121, 412£3 (1977), and if the location of the facilities has 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 expended in renovation or modification of the aforementioned facilities. Section XXIII. 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 XXIV. 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 XXV. Conflict of Interest A. The Contractor covenants that neither it nor any member of its governing body presently has any interest or shall 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 such interest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish safeguards to prevent members of its governing body or 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 which they have family, business or other ties. C. No officer, member, or employee of Department and no member of its governing body,and no other public official of the governing body of the state or locality or localities in which the contract is being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract, shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corpora- tion, partnership, or association fn which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. D. No members of or Delegate to the Congress of the United States of America, and no.resident commissioner shall be admitted to any share or part hereof or to'.any benefit to arise therefrom. Section XXVI, Nepotism A. Neither the Contractor nor any of its subcontractors shall hire any person in an administrative capacity, staff position, or enrollee position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. For the 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, and stepchild. Page 12 of 16 00424 -4n 2. For the purposes .of this section, the term " administrative capacity" includes those persons who have overall adminis- trative responsibility for the YCC Project including all elected and appointed officials who have any responsibility for the obtaining of and /or approval of the YCC Project, as well as other officials who have influence or control over the administration of the YCC Project, such as the project director, deputy director, or any persons having selection, hiring, placement, or supervisory responsibilities for the project. 3. For the purposes of this section, the term "staff position" means any project position of Enrollee Leader, Assistant Enrollee. Leader, instructor, counselor, or other YCC Project staff involved in administrative, training, or services activities. B. The Contractor assures that it shall in no way exercise its hiring authority used in the performance of this contract to confer any monetary or other benefit arising directly or indirectly from this contract upon any mem- ber of its immediate family. C. The Contractor assures that it shall in no way exercise its hiring authority used in the performance of this contract in a manner that would violate the State law relating to nepotism (Article 5996a, TEX, REV. CIV. STAT. ANN.). Section XXVII. Sectarian Activities A. 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. B. Pone of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for, any sectarian or religious activity, nor shall any facilities used in the per - for,mance of this contract be used for sectarian instruction or as a place of religious worship. Section XXVIII. Maintenance of Effort The Contractor agrees that the funds and resources provided the Contractor under the terms of this contract will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, the Contractor had this contract not been executed. Section XXIX. Legal Autrnority A. The Contractor assures and guarantees that it possesses the legal authority,.pursuant to currently valid and effective articles of incorporation, bylaws and action taken by Contractor's Governing board or body giving the Contractor legal authority, to enter into this contract, receive the funds authorized by this contract and to perform the services the Contractor has obli- gated itself to perform under this contract. B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves as signing and executing this contract of behalf of the Contractor, do hereby warrant and guarantee that he or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to validly and legally bind the Contractor to all the terms, performances, and provisions herein set forth. Page 13 of 16 004-24 -4o C. The Department shall have the ri ht, at its option, to zither tLmporarily suspend or permanently terminate this contract, it there is a dispute as to the legal authority of either the Contractor or the person signing the contract to enter into this contract. The Contractor is liable to the Department for any money it has received from the Department for per - for.ance of the provisions of this contract, if the Department has suspended or terminated this contract for the reasons enumerated in this Section. Section XXX- Oral and Written Aareements A. All oral or written agreements, relating to the subject ;latter of this contract and which were made prior to the date of coTmencement spec- ified in Section III, between the Contractor anu the department have been reduced to writing and are contained herein. B. The below enumerated and denominated attach,,nents of the number of pages indicated are hereby made a part of this contract. 1. Attachment I, Contractor's Performance State.ent (2 pages) 2. Attachment II, Contractor's budget (1 page) Section XXXI. Travel A. Except as otherwise provided herein, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's employees in classified positions. At the Contractor's option, it may submit to the Department a "Local Travel Policy" for use in lieu of the Department's policy for travel and per diem. The Contractor's "Local Travel Policy" shall consist of a written statement delineating the rates which the Contractor shall use in computing travel and per diem expenses of its employees. The Department shall review any "Local Travel Policy" submitted by the Contractor and shall ap- prove it only in the event that the Department determines that such "Local Travel Policy" is reasonable and otherwise acceptable for the purposes of this contract. Upon approval, the Department shall reimburse the Contractor for travel and per diem expenses at rates which are in accordance with the Contractor's "Local Travel Policy." During the period, if any, subsequent to the commencement date of this contract, but before approval of the "Local Travel Policy" by the Depart- ment, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's e +ployees in classified positions. B. The Contractor must have the prior written approval of the De- partment before it may use funds under this contract to pay for travel and per diem, except that travel within the County of Harris which is necessary for the performance of this contract by Contractor sha 1 not re- quire prior Departmental approval. Pa }went for travel shall be made only for those personnel in budgeted staff positions. In no event shall the ag- gregate of all payments from Department to Contractor exceed the amount specified for travel in Attachment II (Budget) of this contract. Section XXXII. 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- rent's grant; the termination of the contract shall occur on the same date as the termination of the Department's grant. Page 14 of 16 004424 -4p Upon receipt of notice of termination from Department, the Con- tractor shall discontinue further commitments of funds pursuant to this con- tract, cancel all subcontracts scheduled for payment with funds received pursuant hereto, and within ten (10) days after receipt of notice of termin- ation-supply the Department with a final financial statement, and repayment of any unused portion of funds advanced or a request for reimbursement for allowable expenditures incurred in the program before termination, in accor- dance with Section IV(B) of this contract. . B. Either of the parties hereto shall have the right; in such party's sole discretion and at such party's sole option, to immediately terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termina- tion. Should neither party exercise its right to terminate, this contract shall terminate in accordance with Section III, IV or XV, whichever first r ,esults in termination. C. Upon termination or receipt of notice to terminate whichever occurs first, the Contractor shall cancel, withdraw or otherwise termin- ate any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to incur costs hereunder. D. In no event shall the Department be liable to the Contractor or the Contractor's creditors for expenses incurred after the termination date. E. In the event that the Contractor has not exhausted the amount of money allocated to it in Section IV(D) at the date of termination, the Contractor shall return to the Department within thirty (30) days and in the manner prescribed by the Department all unexpended and uncommitted funds. Section XXXIII. - Copyright Where activities supported by this contract produce original books, manuals, films, computer programs (including executable computer programs and supporting data in any form), or other copyrightable material, the Con- tractor may copyright such, but Department reserves a royalty -- free, non- exclusive, and irrevocable license to produce, publish and use such mater- ials, and to authorize others to do so. Disposition of royalties will be determined by Department. Provisions appropriate'to effectuate the purposes of this section must be in all employment contracts, consultants' agreements, and other contract in which funds received under this contract -are.involved. WITNESS OUR HANDS EFFECTIVE THIS 1st day of Ma , 1980. CONTRACTOR: RT NHI City-- Manager City aU9aytown, Texas APPROVED AND ACCEPTED ON BEHALF OF THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS, AN -AGENCY. OF THE STATE OF TEXAS. Sid Wieser, Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. Page 15 of 16 00424 -4q Reviewed by: sion ui Legal Counsel Page 16 of 16 00424 --4r ' ATTACHMENT I CONTRACTOR PERFORMANCE STATEMENT 1980 YOUTH CONSERVATION CORPS CONTRACTOR: City of Baytown CONTRACTOR SHALL FULLY AND SATISFACTORILY COMPLETE THE PERFORMANCES WHICH ARE LISTED AS FOLLOWS: I. League of Women Voters Park Location: Indwood Street - deadend A. Recreational Development and Maintenance 1. Clear and remove excess brush ( 1 acre) 2. Landscape one (1) acre, consisting of spreading and leveling 32 yards of sand 3. -Construct and /or install various pieces of children's playground equipment including: whirl (1); tot swing (1); saddlemate units'(2); buck -a -bout (1); aluminum park benches (2); cliff hanger bridge (1); wood play tower (1) 4. Construct and install four (4) picnic tables, pads and grills II. Newcastle Park Location: Newcastle Street, deadend A. Recreational Development and Maintenance 1. Construct and /or install various pieces of children's playground equipment including: whirl (1); basketball backboards, goals and supports (2); saddlemate units (2); buck -a -bout (1); aluminum park benches (2); cliff hanger bridge (1); wood multi -tower (1); arch swing (1) 2. Construct and install four (4) picnic tables, pads and grills B. Timber Management 1. Plant six (5) trees III. Tejas Park Location: Hoffer Street, deadend A. Recreational Development and Maintenance 1. Construct and /or install one (1) athletic backdrop and one (1) metal park shelter 2. Tree and brush removal of one (1) acre of land IV. Roseland Park Location: Roseland Circle and Texas Avenue A. Recreational Development and Maintenance 1. Build and install four (4) picnic tables, pads and grills B. Engineering and Construction 1. Install traffic barrier system (325 feet) V. Baytown Sports Complex Location: East Road A. Engineering and Construction 1. Install traffic barrier system (400 feet) Page 1 of 2 00424 -4s City of Baytown Contractor Performance Statement 1980 Youth Conservation Corps Page Two INCLEMENT WEATHJR ACTIVITIES Location: Baytown Maintenance Building, Baytown, Texas - -Tool Maintenance Safety Sessions - --Sign Construction -- Material Assembly Environmental awareness activities will be incorporated into the daily work activities and will inclide activities in which enrollees will learn the value of erosion and. drainage control, problems of foot and vehicular traffic on vegetation, problems relating to impartment and the importance of proper.landscaping to conserve natural resources. Because of the specific environmental problems relative to the area, enrollees will be involved with studies and discussion of the effect of industry, air, noise, and water pollution on the local environment. * Although environmental learning will be integrated into each work learning activity, at least 25% of the week's work hours will be integrated environmental learning. Page 2 of 2 10, tridirect Chars 11. TOTAL 12. Federal Snare 13. Nat -Federal Share 14. Pr :gram f,�corre is. Detail on iraitecl Costs, Tv;t of Rate I p,1"A "IM bc?d Rate % B4se S 18,395 Picwsional Final .--- Total Ariouni I PART III Program surlaliv♦ stalpment 4 I R () I - L E I -. PAY 13,020 lb.STAFF PAN' 4,720 lc.PROGRAM DIREMON PMEN-f- Kvincterminod Fixed ARACHMENF II 00424-4t CITY OF BAYTOWN IF! LICA I VAN F 7? FEURAL ASSIST tKE Khol Owl F ,.R 11 fVJQ(.,E- T DATA 1) I-.1RA L �NON-FEDLRAL TOTAL 17 740 655 1 031 1,686 -2. -L500---- 2 50Q-- - - d. c U: r -,e .I S. 69_ 169 S. ollef 300 300 Q TMA D", cnwt 18,395 5,000 23,395 10, tridirect Chars 11. TOTAL 12. Federal Snare 13. Nat -Federal Share 14. Pr :gram f,�corre is. Detail on iraitecl Costs, Tv;t of Rate I p,1"A "IM bc?d Rate % B4se S 18,395 Picwsional Final .--- Total Ariouni I PART III Program surlaliv♦ stalpment 4 I R () I - L E I -. PAY 13,020 lb.STAFF PAN' 4,720 lc.PROGRAM DIREMON PMEN-f- Kvincterminod Fixed