Ordinance No. 3,03701124 -(F>
O RD T N A N C E
14C)- 3 0 3 7
AN AND T11E C TTY MANAGER
AND C STY C LE RK OF THE C I TY OF BAYTOWN T O E XF CU TE AND
A T TE S T T O A C ONT RA C T W S TH I3 A RR T S C OTC NT Y F OR A C O MP R EH E N -
S S VE ENiPLOY1VEENT AID TRA S N NG AC-' GRANT TENDER TIIE EMER-
GENCY -TOWS AND E1L+IPLOYMENT ACT _
BE I T ORDA T NED i3Y THE C TTY COUNC T L OF' THE C I TY OF
B A Y TOWN :
Scctiori 1 : That fla t City Council o7E the City of Baytown
h e r e 7L>'57 a p p r o v e s t h e c o n t r a c t w i t h B a r r i s C o u n t y f o r a C om p r e-
hcrisive Employment and Training Act gent under the Emergency
lobs and Employment Act and authorizes grid directs the City
1Llarnager El- ncd City C1c jr- 1�-: of the City of Baytown to execute and
a t t e s t t o s a i d C o n t r a c t_ A c o p y c> :r s a i d c o n t r a c t i s a -tz; t a c h e d
hereto , marl�ecl Exhibit •`A" , and made a part hereof for all
i n t e n t s a n d p u r p o s e s
Section 2 : This ordinance sh Ex, 11 toIm- effect ir rom and
a f t e r S t s p a s s a g e_
T , READ , and PASSED by the of 7E i Dr- rriat ivc vote of
the City Council of the City of Baytown tI -L 24th day o£
N o v e mb e r 1 9 5 0_
tit-�'i-- -L -c--y IEayor
A T T E S T
E �LEEN P _ BALL City C1er1�
APPR_O�JLiJ :
RCB: }t April 4, 1979
A G R E E M E N T
01124 -6a
14,557
THE STATE OF TEXAS �
COUNTY OF HARRIS.
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 19718, 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.oi� 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 Cervice 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
01124 --6b
be combined with training and supportive services if such
training and services are reasonally available in the area,
and (3) shall be designed to enable participants to move
into unsubsidized employment; and
WHEREAS, on or about January 8, 1979, the County
made a grant application to the U. S. Department of Labor
for 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 -1- 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 government 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, " EMERGENCY JOBS PROGRAM
r
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-
dance with the Project Applicant's Proposal, of economically
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01124 -6c
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-
jest Applicant to so participate;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 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
E 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 Harris
County, Texas.
II.
In performance of the services agreed to herein,
the Project Applicant agrees to observe and strictly comply
with, all the terms, conditions and requirements established
under the Comprehensive Employment and Training Act of 1973,
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J 1"..
01124 -6d
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 County 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. § 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. SS 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
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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
it 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
I agreement of the parties hereto.
V.
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 4
2z9 i.r9.ap
provided hereunder is limited to a principal sum of
training costs of $ _p_ and administrative costs
of $ (which administrative costs shall not exceed 5%
of the total sum hereinafter set forth); said three sums
22 9
total $ 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 not
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01124 -6f
exceed either (1) an amount equal to said total sum of
$ 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
if funds received by the County from the U. S. Department of
Labor are received in a lump sum, or if the funds are not
classified as to 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 conclusive 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 trainee shall be under and subject to the exclusive control
and supervision of the Project Applicant, that the Project
Applicant shall be solely responsible for all the salary, wages
and claims of such employee and instruction of such trainee,
and that the County shall have no obligation whatsoever to such
employee and trainee.
r
VII.
The Project Applicant shall not make, 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,
a
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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's performance under this Agreement.
Project Applicant shall indemnify and hold the County harmless
from and against any and all losses, expenses, demands, and
claims made against the County arising in any manner from Pro-
ject Applicant's performance hereunder whether caused by
Project Applicant's negligence or not.
1X.
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 prose -
dures sufficient to prevent fraud and program abuse.
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01124 -6h
rA
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 review 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_N/C ,
19 , 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
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"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.
(b) __ The— las- t._.da- y- .af-- a - -pe-r -mod- of---rB—m -M-t
•--- pro -j-e E-t_ s-ta -r t:- da- te— spee -i f -- ed-- kn—the- -Gr- an- t- APP4A ---
._ -cat tion -.__ --__.
(c)
9/30
XIII.
, 1980
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 any 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
14th day of November , I98Q .
APPROVED:
Jim Lewis, Acting Director
Harris County Employment &
Training Adminstration
ATTEST:
SECRETARY
HARRIS COUNTY
By
JOLT LINDSAY
,County Judge
BY
CITY of BAYTOWN
•l /=7
01124 --6j
ORDER AUTHORIZING EXECUTION] OF AN AGREEMENT BETWEEN
HARRIS COUNTY AND
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of , 1980 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
seconded by Commissioner
carried;
, duly put and
It is ORDERED 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
for a term set forth in said Agreement by said
in accordance with Grant No. 48 -q- 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
i
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
01124 -6k
on the day of ,198Q , as it appears of record
in the Minutes of said Court, Volume , page
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1980
Anita Rodeheaver,
County Clerk and Ex Officio
Clerk of Commissioners Court
of Harris County, Texas.
By
i,