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Ordinance No. 2,98000925 -9 ORDINANCE NO. 2980 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR PERSONNEL SERVICES TO BE FURNISHED BY THE CITY OF BAYTOWN TO BAWA TO MAINTAIN AND OPERATE ITS PLANT. 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 the Baytown Area Water Authority (BAWA) for personnel services to be furnished by the City of Baytown to BAWA to maintain and operate its plant and authorizes and directs the Mayor 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 25th day of September , 1980. �� . ZETT 0. HU T0, Mayor ATTEST: Q EILEEN P. HALL, City Clerk APPROVED: ANDALL B.- STRONG, Cit�ttorney 00925 -9a E X H I B I T "A" 00925 -9b THE STATE OF TEXAS 0 0 PERSONNEL AGREEMENT COUNTY OF HARRIS D This Agreement, made the day of , 19 , by and between the City of Baytown, hereinafter called the City, and the Baytown Area Water Authority, hereinafter called the Authority, Witnesseth, that the City and the Authority agree as follows: 1. Description of 1aintenance and Operation. The City, under the direction of the Authority, shall provide all labor and all things necessary for the prosecution and completion of the maintenance and operation included in Schedule "A ", pages 8 , attached hereto and made part hereof, which maintenance and operation is hereinafter sometimes referred to as the Work, and is required by the Plant located at 7425 Thompson Road, Highlands, Texas for the Baytown Area Water Authority. 2. Additional Information. The Authority shall furnish to the City such additional information as may be prepared by the Authority to further describe the Work to be performed by the City, who shall accept same as part of this Agreement when consistent with these signed Contract Docu- ments. 3. Cooperation between Parties. The Authority shall cooperate with the City for the prosecution of the Work, and the City shall cooperate with the Authority in order to insure first -class workmanship in every respect. 4. Start and Finish of the Work. The City agrees to perform the Work hereunder as specifically noted in Schedule "A" hereof. The City agrees to procure and prepare its workers so as to be ready to begin the Work when directed by the Authority. The City agrees to perform said Work in a prompt and diligent manner, commencing the several parts thereof at 00925- 9b the employment of the City, and may enter on the premises and take possession, for the purpose of maintaining and. operating the Plant, and may employ any other person or persons to maintain and operate the Plant by whatever method the Authority may deem expedient. In case of such termination of the employment of the City, the City shall not be entitled to receive any further payment under this Agreement unless the unpaid balance of the Price to be paid hereunder shall exceed the expense incurred by the Authority in arranging the employment of another work force to maintain and operate the said Plant, such excess shall be paid by the Authority to the City; but if such expense shall exceed such unpaid balance, then the City shall pay the difference to the Authority. 7. Abandonment of Work. If the Plant shall be abandoned, canceled, or terminated by the Authority, the City shall be entitled to terminate this Agreement. 8. Payment of Royalties, Permits, Fees. The City shall obtain and pay for all licenses and permits pertaining only to its Work. The City agrees to comply with all laws and regulations specifically applicable to the Work in force at the time of signing this Agreement. In case of failure to do so, the City shall make all the necessary alterations to conform to same, without delay. 9. Method and Amount of Payment. The Authority shall make monthly payments to the City for Work performed by the City during each month, in proportion to the total value of the Work. The payment shall include, but not be limited to regular wages, overtime pay, social security payments, sick leave, vacation pay, retirement and medical payments, and salary increases as they become due, workmen's compensation payments, liability insurance, and payroll taxes paid to all -3- 00925 -9c such times and proceeding therewith in such order as directed by the Authority, so that, in conjunction with other trades engaged, it will insure the uninterrupted operation of the Plant. The City agrees to perform in a skillful and expe- ditious manner, with sufficient labor, all things necessary to insure uniform and efficient progress, so as to enable the Authority to operate and maintain the Plant efficiently. The term of this personnel contract shall be for a period of two (2) years effective upon the signing of this contract by all parties. It shall be renewable for like periods of time upon approval and agreement of all parties. However, this contract may be terminated by either party upon sixty (60) days' written notice to the other party.. 5. Inspections and Approvals. The Work shall be subject to inspection and approval by the Authority. The Authority shall provide sufficient, safe, and proper facil- ities during the progress of the Work at shops or any other place where workers required hereunder are in the course of prosecuting the Work of the Authority. 6. Failure to Prosecute York. If the City shall at any time fail to comply in the performance of any of the covenants herein contained, then, after serving a three (3) days' written notice, mailed or delivered to the last known address of the City, of the existence of any of the fore- going violation(s), and unless the violation(s) specified in such notice shall not have been eliminated within such three (3) days, the Authority at its option may provide either through itself or through others, any such labor to maintain and operate the Plant and may deduct the cost thereof from any money then due or thereafter to become due to the City under this Agreement. In any such event, after such notice and failure to eliminate such violation within the three (3) days specified, the Authority at its option may terminate -2- 00925 -9d employees employed by the City in the maintenance and operation of the Plant, as well as any licenses or fees required of employees as a condition of their employment. On the 10th day of each month, the City shall submit to the Authority a written requisition for the Payment, which shall set forth the value of the Work performed by the City during the prior month. The Authority shall, ten (10) days after submission of the City's requisition, pay the City the amount shown, provided however, the Authority shall not pay the City any more than the City has expended for its labor as defined above. 10. Subletting, Transfer, or Assignment of Vdork or Monies Due. The City shall not sublet, assign, or transfer this Agreement or any part of the Work included herein without the written consent of the Authority. The City's claims for monies due hereunder are non- assignable except with the written consent of the Authority. Any assignment of monies due hereunder made without such consent is void, and the assignee in such case shall acquire no rights against the Authority. 11. Changes in Work. The Authority may from time to time, without invalidating this Agreement, order such extras, additions, alterations, omissions, or other modifications in the maintenance and operation of the Plant hereunder as it may deem necessary. Such changes shall be valid only on the written order of the Authority which shall set forth the additional time, if any, to be allowed for its implementation and the amount to be added to or deducted from the Payment or the method of its determination. If required by the Authority, in fixing said amount, the City shall submit its estimate of the value of such change and of the time required for implementation. 00925 -9e In the event of disagreement as to the value of such changes or as to the time required for implementation, the matter shall be referred to arbitration. Pending such decision, the City shall., if directed by the Authority, proceed with the York under the order above provided. 12. Arbitration. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the Plant is located, unless otherwise specified. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this Agreement shall be a condition precedent to any right of legal action. The.decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense, and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. -5- 00925 -9f 13. Indemnity Agreement. The City hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of the City or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the maintenance and operation of the Plant provided for in this Agreement and if any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim may be based upon the Authority's alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on'the part of the Authority, the City agrees to indemnify and save harmless the Authority, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the Authority may sustain as a result of any such claims and the City agrees to assume, on behalf of the Authority, the defense of any action at law or in equity, which may be brought against the Authority upon such claim and to pay on behalf of the Authority, upon its demand, the amount of any judgment that may be entered against the Authority in any such action. 14. Insurance. (a) Liability Insurance. Before commencing the York the City shall procure and maintain insurance, at its own expense. (b) Workmen's Compensation and Employers Liability Insurance. Before commencing the Work, the City shall procure and maintain worker compensation and employee liability insurance in accordance with the laws of Texas. (c) The City agrees that nothing contained in this paragraph shall limit or release the City from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the Authority. -6- 00925 -9g If the City fails to procure and maintain at least the above insurance, the Authority shall have the right to procure and maintain the said insurance for and in the name of the said City, and the City shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. 15. Government Taxes. The City for the Contract Price herein provided for, hereby agrees to pay and shall hold the Authority harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or local laws arising out of the performance of the Work. 16. Claims by Either Party Against the Other. If either the City or Authority believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within fifteen (15) days (or such other time limits as may otherwise be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. 17. Applicable Law. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the state of Texas. 18. Agreement to Perform. The said parties for them- selves, their successors, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. MMETT 0. HUTTO, Mayor -7- ATTEST: a J ETLEEN.P. HALL, City Clerk r . ATTEST: PETER R. BUENZ, Secretary 00925 -9h BAYTOWN AREA WATER AUTHORITY (BAWA) By ROBERT L. GILLETTE, President 00925 -9i SCHEDULE "A" 00925 -9j BAYTOWN AREA WATER AUTHORITY ORGANIZATION OF WATER TREATMENT AND PRODUCTION 00925 -9k WATER PLANT SUPERVISOR nRFTNTTTON 00925 -91 Under general direction is responsible for work of considerable dif- ficulty in the operation of a water reclamation treatment plant and a water purification and pumping station; performs related work as nec- essary. EXAMPLES OF DUTIES Issues work assignments to plant operators and other plant personnel; reviews work assignments to.ensure plant operations and preventative maintenance programs are carried out and they meet standards established by city and state; inspects pumps, motor and other plant equipment for needed repairs and maintenance; develops preventative maintenance pro- cedures and compiles accurate records of cost and time of plant operations; performs routine testing and sampling; interviews, instructs, and trains new plant personnel. MINIMUM QUALIFICATIONS, _Skills, Knowledge, and Abilities: Thorough knowledge of preventative maintenance and repair procedures in the operations of a water plant; considerable knowledge of mathematics; ability to communicate with and supervise plant personnel in a positive and direct manner; keep good records; record instrument readings, maintain hourly and daily production reports, and compile special operational reports; prepare specifications on equipment, materials, and supplies for purchasing and budgetary allo- cations; read and interpret blueprints and mechanical and electrical schematics; communicate effectively both orally and in writing. Knowledge and Education: Completion of high school diploma or equivalent; four or more years of experience in the operation of a surface water plant. May substitute a college degree in engineering or environmental sciences for 1 of the 4 years experience. License: Grade A Texas Water Certificate preferred; SENIOR CLERK /SECRETARY DEFINITION 00925 -9m CODE: 1120 Under general supervision, is responsible for any of a large variety of clerical tasks and /or responsible for performing general secretarial work of average difficulty; performs related work as' required. EXAMPLES OF DUTIES Takes and transcribes dictation; types from rough draft and /or dictat- ing machine letters, memorandums, minutes, statements, and related correspondence; collects and organizes information from several sources for inclusion in records or reports; prepares forms; affidavits, con- tracts and other instruments for signature; arranges and schedules appointments and arranges for meetings and conferences; screens visitors, telephone calls and mail; drafts replies to routine requests for in- formation; collects money and fills out receipts; performs routine clerical tasks of individual department; operates a variety of office machinery such as 'typewriter, adding machine, calculator, dictaphone, etc. MINIMUM UALIFICATIONS Skills, Knowledge and Abilities: Sufficient skill in typing to com- plete sixty net words per minute and in shorthand to take dictation at eighty words per minute. Good knowledge of office procedures, work flow coordination and clerical techniaues; some knowledge of work related to individual department may be exchanged on a one to one basis for other skills, knowledges, or abilities; ability to deel courteously with others. Training and Experience: Completion of high school, commercial or business school, or completion of eighth grade supplemented by business courses equivalent to those offered by high school in courses such as typing, shorthand, business machines, etc., and a minimum of one year of job related experience. 1/l/77 LABORATORY OPERATOR 00925 -9n CODE: 4218 Under general supervision, is responsible for work of routine diffi- culty in collecting and analyzing waste water samples; performs related work as required. EXAMPLES OF DUTIES Collects samples of water at treatment plants; performs chemical and bio- logical laboratory tests; performs fecal coliform analysis; performs alka- linity and acidity tests, prepares and mixes chemicals; records test results and makes reports; maintains and cleans equipment used. MINIMUM QUALIFICATIONS_ Skills, Knowledge and Abilities: Good knowledge of basic mathematics, Ability to read various complicated instruments, make chemical tests, inter- pret results and make reports. Training and Experience: Completion of high school or equivalent, including courses in mathematics and /or science or one year of progressive experience in waste water or water field. WATER PLANT OPERATOR II n7VTNrTrnN 00925 --90 Under general direction, is responsible for work of average difficulty in the operation of a water reclamation treatment plant and a water purification and pumping station; performs related work as required. EXAMPLES OF DUTIES Supervises, instructs, and assigns specific duties to shift workers; reviews and evaluates shift workers performance; inspects pumps, motors and other plant equipment for repairs and maintenance of needs; analyzes instrument readings, laboratory test results and sampling procedures; supervises or participates in required maintenance adjustments or repairs of plant equipment. MINIMUM QUALIFICATIONS Skill, Knowledge, and Abilities: Some knowledge of preventive maintenance and repair procedures in the operation of a water plant; ability to keep simple records, work with mechanical tools, gauges, and valves; communicate effectively both orally and in writing with city water crews, and supervisors; maintain operating records and compile special reports; instruct and train new employees; ability to supervise plant personnel in a positive and direct manner; good knowledge of mathematics. Training and Experience: Completion of high school or equivalent; three or more years of experience in the operation of a water plant or related facility. License: Water Certificate preferred; Texas Commercial Driver's license WATER PLANT OPERATOR I nvFTMTTTnN 00925 -9p Under general supervision is responsible for work of average difficulty in the operation of a water reclamation treatment plant and a water pur- ification and pumping station; performs related work as necessary. EXAMPLES OF DUTIES Operates pumps, motors, and valves to control and adjust flow; oil, grease, and clean pumps and motors and other equipment used in the plant facility; performs routine maintenance and custodial duties in and around the plant facility. MINIMUM QUALIFICATIONS Skills, Knowledge, and Abilities: Ability to follow oral and written instructions; work with mechanical tools, valves, and gauges; some knowl- edge of basic math. Training & Experience: Completion of high school or equivalent. License: Texas Commercial Operators License 0