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Ordinance No. 3,0861 0 2 1 2- 1 3 OIiD S NAi`7CE NO _ 3 0 86 AN ORD S NANC E OF THE C STY C OT3NC S L OF THE C STY OF SAY TOWN AU THQR S Z S NG AND D S RE CT S NG THE C STY M ANAGE R. TO E XE CUTE A CONTRACT W S TH THE TEXAS DEPARTMENT OF C :>A4NIUN S TY AFFA = fi S F OR PE R S ONNE L TRA S N S NG S EPJIS NARS AND P ROV S D I NG FOR THE E F F E C T S VE D ATE HE R E O F _ BE S T ORDA = ISTED SY 'F HE C = TY COUNC S L OF 'S`HE C S'A'Y OF BAYT OWN , iE X A S = Section 1 TIi€lL-t trie City Couricil oz:r the City of Baytowxz hereby autiiord- and directs the City RAan *DL ger of the City o:r $aytown to execute a contract with the Texas Departmernt o£ Community Affairs for personnel training seminars _ A copy of said contract A- aL ttacried hereto , mar ec-i Exhibit •'ATT , and made a part hereof for all intents and purposes _ Section 2 _ This orclirnance shall tame effect 7F rorrm and after its passage _ SNTRODT3CED READ and PASSED by the of t irrriat ive vot e o F t h a C i t y C ou n c i 1 o n t h i s 1 2 t h d a y o f F e b r u a r '57 , I- A, T T E S T to a -i---rL -v , ivi ay o r ALE E N P_ H ALL C z t y C 1 e r A P P ROVE D TRONG TEXAS DEPARTMENT OF CO1v UNITY AFFAIRS CONTRACT FOR PROGRAMS UNDER THE INTERGOVERNMENTAL PERSONNEL ACT STATE OF TEXAS COUNTY OF TRAVIS SECTION I. PARTIES TO THE CONTRACT 10212 --1 "3a �o! 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, _Texas hereinafter referred to as "Contractor." The parties here- to have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. SECTION II. STATEMENT OF SERVICES The Contractor hereby covenants to perform in a complete and satisfactory manner the personnel management and /or training activities listed in-Attachment B (Project Narrative) which is attached hereto and hereby made a part of this con- tract. In addition to the performances specified in Attachment B, the Contractor shall perform in a complete and satisfactory manner the performances described in the Program Narrative of Contractor's application to the Office of Personnel Management for the funds provided under this contract, such Program Narrative being included in the Texas 1981 Local Jurisdiction Plan. This Program Narrative is incorporated herein by this reference as if fully rewritten, and Contractor covenants that it shall comply with the terms and conditions of the Program Narrative, except that any conflicts between the Program Narrative and Attachment B shall be _ resolved by giving precedence the terms and conditions specified in Attachment B, SECTION III. CONTRACT PERIOD This contract and agreement shall begin February 1, 1981 and shall terminate January 31, 1982 _ , such period to be referred to herein as the "contract period," unless expressly provided otherwise herein. SECTION IV. CONTRIBUTION BY CONTRACTOR A. Contractor agrees to provide in -kind contribution in the amount of _$4,926.00 , and cash contribution in the amount of Page 1 of 15 yl -Q,5-6-F 10212 -13b . $g.,, BZ_00_ ___ for a minimum total of $ ]13. QQ Such contribution must be divided as �n the cost categories specified in the budget set forth in Attachment A and any decrease of the contribution in any category must be by amendment hereto and signed by both Department and the Contractor. The Contractor may increase its in -kind and /or cash contribution at any time during the Con- tract period, however, such an increase will not change the maximum obliga- tion of Department under this contract. B. The Contractor must have completely fulfilled its obligation under this Section IV to provide the in -kind and /or cash contribution specified above by the end of the contract period specified above in Section III. C. If the ratio of Department's total actual payment to the Contractor's total actual in -kind and cash contribution exceeds the ratio of Depart- ment's total obligation as specified in Attachment A to the Contractor's total in -kind and cash contribution as specified in Attachment A, at the termination of the contract, then the Contractor must return to Department an amount of money which will reduce the total actual payments made by Department under this contract to a sum which will result in a ratio of Department's total actual payments to the Contractor's total actual in- kind and cash contribution which is equal to the ratio of Department's total obligation as specified in Attachment A to the Contractor's total in -kind and cash contribution as specified in Attachment A, at the termi- nation of the contract period. SECTION V. DEPARTMENT OBLIGATIONS A. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments, .liabilities and obligations made or incurred by Department hereunder shall not exceed the sum of $13,713, ?00 (Thirteen thousand geypn d and thirteen dollars) B. Measure of Liability In consideration of full and satisfactory performance by the Contractor of the services stated in this contract, Texas Department of Community Affairs shall be liable to the Contractor in an amount equal to the actual costs incurred by the Contractor for performances rendered hereunder sub- ject to the provisions of this Section enumerated below; 1. Department shall not reimburse the Contractor for expenditures made in violation of the provisions of the "IPA Grant Administration Handbook" which shall be furnished to Contractor by Department and receipt of which by Contractor is acknowledged by the execution of this contract. 2. Department shall not be liable to Contractor for any costs of a type not specified by the cost categories numbered A through H of Attach- ment A (Budget) of this contract and shall not be liable to Contractor for any of those costs enumerated as A through H of Attachment A (Budget) which exceeds the amounts identified for each such cost category in the column entitled "TDCA Obligation." Page 2 of 15 10212 -13c 3. Notwithstanding the provisions of Subsection A above, it is expressly understood and agreed by the parties hereto that Department's obli- gations hereunder are contingent upon actual receipt of adequate funds from the United States Office of Personnel Management to meet its obligations hereunder. Department will notify the Contractor in writing if it has not received adequate funds from the United States Office of Personnel Management to make payments to the Contractor under this contract. Under these aforementioned circumstances, De- partment will not be legally liable to the Contractor for Department's failure to make payments to the Contractor under this contract. The Contractor fully understands and agrees to this provision. 4. Department shall not be liable to Contractor for costs incurred by Contractor before commencement of this contract or after the termi- nation of this contract. 5. Department shall not be. liable to Contractor for any costs incurred by Contractor which are not strictly in accordance with the terms of this contract, including all written amendments hereto signed and agreed to by both Department and Contractor. 6. Department shall not be liable to Contractor for any costs which are not allowable costs to entities receiving funds directly from the Federal Government pursuant to the terms of a grant or contract from or with the Federal Government as such allowable costs are determined in accordance with the requirements of OMB Circular Ito. A --102, and the cost principles of FMC 74 -4 or omb Circular A -21. 7. Department shall not be liable to Contractor for costs incurred by Contractor to the extent of an amount equal to program income earned by Contractor during the contract period as a result of project activities, including royalties from copyrights and patents. The disposition of all other program income shall be in accordance with Section XII of this contract. 8. 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 reimburse- ment to Contractor. by any source other than Department or Contractor. 9. Department shall not be liable for any costs incurred by Contractor in the performance of this contract which have not been billed to Department within 90 days following the termination of this contract. C. Method of Payment 1. Contractor shall submit to Department a quarterly financial expenditure report and a quarterly request for project payment no later than the Page 3 of 15 10212 -13d fifteenth day of the month following the close of the preceding quarter. Such reports shall be in the form, manner and with the number of copies as required by Department. Contractor shall also submit to Department at the same time the financial expenditure report is submitted, such reporting documents, invoices, or fiscal records as may be required by Department for audit purposes. Within a reasonable time after receipt of Contractor's quarterly financial expenditure report and quarterly request for payment, Department shall pay to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection B of this Section, which have not been previously billed to and subsequently paid by Department. 2. Notwithstanding the provisions of Paragraph 1 of this Subsection C, it is expressly understood and agreed by the Parties hereto that pay- ments 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 irposed pursuant to Para- graph 2 of this Subsection C, 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 Contractor, the Department may, at its sole option and in its sole discretion, withhold any or all pay-ments 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. 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 closeout or . expenditure report required under this contract; and (c) timely submission of the records required under Section XXIV, Audit, of this contract. Prior to Contractor's performance of the above - listed obligations, the Department may, at its sole option and in its sole discretion, withhold the final payment, in whole or in part, until such time as Department has determined from such final report and /or audit the final amount owing under this contract. Within a reasonable time following the determination by the Department of the final amount owing under this contract, the Department shall pay to Contractor the amount determined by Department to be the final amount owing under this contract. Page 4 of 15 10212 -13e 5. It is expressly understood and agreed by the Parties hereto that any right or remedy provided in this Subsection C or in any other pro- vision 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. D. Excess Payments Contractor shall refund to Department any sum of money which has been paid by Department which Department determines (1) has resulted in over- payment 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. SECTION VI. REPORTING REQUIREIMENTS A. Department shall furnish the Contractor with the forms to be used by the Contractor for making its financial expenditure report, request for project payments, quarterly narrative report, and final report. B. In addition to the reports which Contractor is required to submit to Department under Subsection C(1) of Section V of this contract, Con- tractor shall submit the following: 1'. The Contractor will submit to Department a quarterly narrative report no later than the fifteenth day of the month following the close of the preceding quarter. The narrative report shall include a statement of the progress of the project in terms of the work plan, and the products delivered and a statement of any problems encountered or proposed directional changes. 2. The Contractor will submit no later than 30 days after Such final narrative report accomplishment, an analysis and /or problems encountered and a brief self - evaluation to Department a final narrative report the termination date given in Section III. shall include a statistical summary of and discussion of unusual developments and how such problems were resolved, of the project. 3. The Contractor will submit four (4) copies of all products developed under this contract to Department within ninety (90) days after the termination of this contract. 4. The Contractor will submit such other forms on the operation of this project as may be required by Department or the U. S. Office of Personnel Management. SECTION VII. AUTHORITY OF PROTECT DIRECTOR The Contractor assures and guarantees that the project director, identified' in the Program Narrative of Contractor's application to the Office of Personnel Page 5 of 15 10212 -13f Management, has the authority to implement and operate the project as defined in Attachment B of this contract. If there is any change in the project director, then the Contractor must send to Department written notice of the change within ten (10) working days. Upon receipt and approval of such change in the project director by Department, the written notification shall constitute an amendment to this contract. SECTION VIII. LEGAL AUTHORITY OF CONTRACTOR A. The Contractor assures and guarantees that it possesses the legal authority, pursuant to any proper,-appropriate-and official motion, resolution or action passed or taken 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 obligated 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 on behalf of the Contractor, do hereby warrant and guarantee that he or they have been duly authorized by !.fie 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 here- in set forth. C. Department shall have the right, at its option, to either temporarily suspend or permanently terminate this contract, if 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 Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or ter- minated this contract for the reasons enumerated in this Section. SECTION IX. FINANCIAL MANAGEMENT The Contractor agrees to maintain financial records which will provide accurate, current, separate, and complete disclosure of the status of the funds received from the Department under this contract or expended as Contractor's thatch. Such records shall be adequate to identify (a) the funds made available for each work activity, (b) the expenditures made out of the funds as they are separately grouped, and (c) the resulting, balances of funds as they are separately grouped. Such records must be maintained so as to facilitate the tracing of funds to source documentation of the unit transaction. The Contractor shall maintain its financial management system in compliance with the standards set forth in OMB Circular A -102, Attachment G. Nothing in this Section shall be construed so as to relieve the Contractor of fiscal accountability and responsibility under any other provision of this contract. SECTION X. MAINTEN9NCE OF RECORDS I The Contractor agrees to maintain all books, records, documents, reports, and accounting procedures pertaining to the operation of programs and expenditures Page 6 of 15 10212 --13g of funds under this contract for three (3) years from the date of final payment under this contract or for four (4) years from the termination of this contract, whichever period expires first. Records shall be retained beyond this period if any audit findings have not been resolved. In this event, the records shall be retained by the Contractor for a periud of three (3) years from the time when the audit findings are resolved. The Contractor shall keep these records, documents, and reports in good and accessible condition. SECTION XI. ACCESSIBILITY OF RECORDS AND ON -SITE VISITS The Contractor shall give the Department, the Comptroller General of the United States, or the United States Office of Personnel Management (OPM), through their authorized representatives, access to and the right to exa::ine any or all pertinent records, files, books, documents, file papers, 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 Comptroller General and OPM the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder the premises in which it is being performed. The Contractor shall give the access and right to examine provided under this Section for three (3) years from the date of the final payment -r -nder this contract. SECTION XII. PROJECT INCOME The Contractor agrees that the interest on contract funds earned by the Contractor shall be returned to Department by check payable to the Comptroller of the State of Texas. Program income earned by the Contractor during the con- tract period as a result of project activities, including royalties''from copyrights and patents, shall be retained by the Contractor and shall be added to funds committed to the project and used to further eligible program objectives. If royalties continue to be received after the completion or termination of this contract, Department and the Contractor shall negotiate the disposition of the Federal share of any amount exceeding $200 received annually. SECTION XIII. TRAVEL The Contractor shall be reimbursed for travel to the extent that it has been budgeted in Attachment A. Except as otherwise provided herein, the rate of reim- bursement by Department for travel will not exceed the rate of reimbursement for travel by State employees. At the Contractor's option, it may submit to Department a "Local Travel Policy," consisting of a written statement delineating the rates which Contractor proposes to use in computing travel and per diem expenses of its employees. If Department Finds this "Local Travel Policy" to be acceptable for use under this contract, it shall approve it for use in lieu of the Department's policy for travel and per diem. Such approval must be in writing and signed by the Executive Director of the Department. Upon approval, the Department shall reimburse Contractor for travel and per diem expenses at rates which are in accordance with Contractor's "Local Travel Policy." SECTION XIV. 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- Page 7 of 15 10212 -'13h 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 performed by the Contractor under this contract. SECTION XV. SUBCONTRACTS A. The Contractor shall subcontract for the performances described in this contract only after the Contractor has submitted a subcontract informa- tion summary, on a form prescribed by Department, for each proposed sub- contract and the Department has given Contractor prior written approval, on the basis of the information submitted, of Contractor's intent to enter such proposed subcontract. Such approval must be in writing, signed by the Executive Director of the Department and must be obtained by Contractor prior to the execution of such subcon- tract(s). The subcontract information summary for,, is a report required by Department in accordance with Section VI, Reporting Requirements, of this contract, and if Contractor fails to submit such report in the manner specified by Department, Contractor will be subject to the sanc- tions contained in Section V, Department Obligations, including Subsection C(3) of that Section. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to subcontractors. 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 responsibility for insuring that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provi- sions 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 pro- vided 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 the benefits which would have been available to, or provided through, the Contractor or subcon- tractor had such subcontract not been executed. D. The Contractor agrees that in all subcontracts it executes for performances 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 its sub- contractors 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 Con- tractor'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. F. Contractor will ensure that its subcontractors, if any, do not contract for any performance or partial performance of any activity or service provided or to be provided through this contract which: Page 8 of 15 1. has been paid to subcontractor or is 2. has been reimbursed to subcontractor subcontractor, 10212 -].3z subject to pay -ment to subcontractor, or; or is subject to reimbursement to by any source other than Contractor or subcontractor. SECTION XVI. COMPLIP,10E WITH LAt,S /CUNSISTENCY WITH MERIT PRINCIPLES A. Contractor shall comply with all applicable laws, ordinances, codes, and regu- lations of the state, local, and federal governments. In its administration of the project which is the subject of this contract, the Contractor shall com- ply with the requirements of the "IPA Grant _%d ministration Handbook." Con- tractor expressly agrees that it is subject to and shall abide by the Assurances and Grant Conditions contained in Appendix A of such "IPA Grant Administration Handbook." B. The Contractor assures and guarantees that the proposed project is consistent with the "fair treatment" merit principle in clause (5) of the third paragraph of Section 2 of the Intergovernmental Personnel Act of 1970, hereinafter referred to as the "Act," and the implementing regulations of the U. S. Office of Personnel Management, and with those other merit principles in clauses (1) -(6) of the third paragraph of Section 2 of the Act which apply to the project under this contract. SECTION XVII. HAINTENAiNCE 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 re- sources 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 XVIII. CONFLICT OF INTEREST. A. The Contractor covenants that neither it nor any employee or 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 and enforce 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 or Contractor and no mem- ber of their governing bodies, and no other public official of the governing body of the State or locality or localities in which the con- tract is being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this con- tract shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. Page 9 of 15 10212-13j SECTION XIX. NEPOTISM A. Neither the contractor nor any of its subcontractors shall hire any person in an administrative capacity or staff 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, stepchild, grandfather, grandmother, grandson, and granddaughter. 2. For the purposes of this Section, the term "administrative capacity" includes those persons who have overall administrative responsibility for the activities and performances funded under this contract, in- cluding all elected and appointed officials who have any responsi- bility for the obtaining of and/or approval of this contract, as well as other officials who have influence or control over the administra- tion of the activities or performance funded under this contract, such as the project director, deputy director, or any persons having selec- tion, hiring, placement, or supervisory responsibilities for the activities and performances funded under this contract. 3. For the purpose of this Section, the term "staff position" means any employment or position funded under this contract. B. The Contractor assures that it shall in no way exercise its authority 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 the immediate family of persons employed in an administrative capacity for the Contractor or any of its subcontractors. C. The Contractor assures that it shall in no way exercise its authority 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 XX. 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 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 XXI. SECTARIAN 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 sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. Page 10 of 15 10212 -131 SECTION XXll. CHANGES AND AIMENDMENTS A. Any alterations, additions or deletions to the terms of this contract including the Attachments shall bo by amendment hereto in writing and executed by both parties hereto except as is expressly provided for in a different manner by the terms of this contract, as in Section VII and XXII(B). B. The Contractor may make adjustments between or among line items in the Budget, Attachment A, without the prior written approval of Department or an amendment under the conditions described below: 1. The total dollars involved in all transfers since the beginning of this contract or since the date of the latest amendment to the Budget, Attachment A, is equal to or less than 10% of the total monetary obligation of Department under this contract; and Z. The transfers will not increase or decrease the total monetary obligation of Department under this contract; and 3. The transfers will not significantly change the nature and scope_ of the project funded under this contract; and 4. The Contractor submits a budget revision form to the Department prior to or simultaneously with submission of the Contractor's request for quarterly payment. Such budget revision form shall show all trans- fers made in the above manner since submission of the last budget revision form or the latest amendment to Attachment A of this con- tract, whichever is later. SECTION XXIII. ORDER OF PRECEDENCE In the event there are conflicts among the provisions of this contract, the conflicts shall be resolved by giving precedence to the Sections appearing on the first 15 pages of this contract and all amendments thereto, over the attachments to this contract and the amendments thereto. SECTION XXIV. AUDIT Department will arrange for a financial audit, which may be conducted by either an independent State or local government auditor or a certified public accountant retained for this purpose. The audit will be conducted within a reasonable period of time following the close of the grant period and will be conducted and reported in accordance with the Intergovernmental Personnel Act Grant Audit Guidelines for Use by State Local Governmental and CPA Auditors, which will be provided by Department. SECTION XXV. TERMINATION A. Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to Page 11 of 15 10212 -,.3m an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of termination. Should neither party exercise its right to terminate, this contract shall terminate in accordance with Sections III, V, or VIII, whichever first results in termination. B. Upon termination or receipt of notice to terminate, whichever occurs first, the Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to incur costs hereunder. C. In no event shall the Department be liable to the Contractor or the Contractor's creditors for expenses incurred after the termination date. D. Upon termination of this contract, the Contractor shall return to the Department within thirty (30) days and in the manner prescribed by the Department that amount of money, if any, received by Contractor from Department hereunder in excess of the aggregate of Departmental liabili- ties hereunder as computed in accordance with Section V(B). SECTION XXVI. NON - DISCRIMINATION AND EQUAL OPPORTUNITY The Contractor agrees that it shall comply with the following Equal Employ- ment. Opportunity (EEO) Requirements: A. The Contractor shall comply with the equal opportunity requirements of Section 202 of Executive Order 11246 (41 C.F.R. §60 -1.4), and any other Executive Order amending or superseding such order, which is incorporated herein by this reference as if fully rewritten. B. The Contractor will compile or have compiled records if requested by the United States Office of Personnel Management (OPM) to determine compliance with the Nondiscrimination and EEO regulations implementing the fair treat- ment principle of the Intergovernmental Personnel Act of 1970 at 5 C.F.R. 900.500. The Contractor shall notify OPM in writing of any lawsuit or complaint alleging discrimination prohibited by OPM regulation on the basis of race, color, national origin, religion, sex, age, or handicap relating to the employment practices of the IPA administering agency or to the programs or projects receiving support through an IPA grant or subgrant. C. The Contractor covenants that no person with responsibilities in the operation of any program funded under this contract will discriminate 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 affiliation or belief. A. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d), as amended, which is incorporated herein by Page 12 of 15 10212 -13n this reference as if fully rewritten, and covenants that no person in the United States shall, on the grounds of race, color, sex, nationai 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 assistance, and will immediately take any measures necessary to effectuate this requirement. E. The Contractor shall comply with Title VII 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. F. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. §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. G. The Contractor shall comply with the Age Disc,:.Anation 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 an employee or applicant for employment on the basis of age. The Contractor shall not discriminate in employment against any person because of his or her age or specify in solicitations or advertisements a maximum age limit except and unless it is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. H. 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 person'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, upgrad- ing, demotion, or transfer, recruitment advertising, layoff or termination rates or 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 in setting forth the provisions of this non - discrimination clause. SECTION XXVII. AFFIRMATIVE ACTION FOR HANDICAPPED (This Section is applicable pursuant to 41 C.F.R. §60 -741 {1978), if the Department's maximum funding obligation under Subsection (A) of Section IV is $2,500.00 or more. The application of this section shall be governed by the regulations found at 41 C.P.R. §60 -741.) Page 13 of 15 10212 -13o A. Contractor agrees that it shall comply with Section 503 of the Rehabili- tation Act of 1973, Pub. L. 93 --112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93 -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 perfUrining the work involved in the employment situation. B. The Contractor will include the provisions of this Section in every sub- contract 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 ration with respect to any subcontract or purchase order as the Department may direct to enforce such provisions, including action for non - compliance. SECTION XXVIII. AFFIRMATIVE ACTION FOR DISABLED VJITI :ANS OF THE VIETNAM ERA (This section is applicable pursuant to 41 C.F.R. §60 --270 (1977) only if the Department's maximum funding obligation under Subsection (A) of Section IV is $10,000.00 or more. The application of this Section shall be governed by the regulations found at 41 C.F.R. §60 -250.) A. Contractor agrees that it shall comply with Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regula- tions and orders relating thereto which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirma- tive action to employ and advance in employment qualified veterans and disabled veterans of the Vietnam era and will not discriminate in an employment situation against mentally or physically handicapped or dis- abled veterans or against otherwise qualified Vietnam. Era Veterans, if such individuals are capable of performing the work in the employment situation. B. The, Contractor will include the provisions of this Section in every sub- contract or purchase order of $10,000.00 or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor, 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 order as the Department may direct to enforce such provisions, including action for non - compliance. SECTION XXIX. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements, relating to the subject matter of this contract and which were made prior to the date of co=encement specified in Section III between the Contractor and the Department have been reduced to writing and are contained herein. Page 14 of 15 10212 --13p B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract: 1. Attachment A -- Budget (one page) 2. Attachment B W- Project Narrative (onepages) SECTION XXX. INDIRECT COST PROPOSAL The Contractor assures and guarantees Department that the indirect cost proposal for the fiscal year ending N/A is correct and was pre- pared in accordance with the policies and procedures contained in OMB Circular A--87. The Contractor further certifies that procedures and policies have been utilized (a) to prevent costs from being allocated to Federal programs as indirect costs that have already been treated as direct program costs, (b) to assure that consistent treatment was accorded similar costs for all programs operated by the Contractor, regardless of source of-funds, and (c) to assure that costs have not been treated as indirect costs of Federal program inconsistent with statutory restrictions governing those programs. WITNESS OUR HANDS EFFECTIVE THIS 1st DAY OF February , 1981. H. Fritz Lanham, City Manager City of Baytown, Texas APPROVED AND ACCEPTED ON BEHALF OF THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS, AN AGENCY OF THE STATE OF TEXAS. Sidney M. Wieser, Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. REVIEWED:,_ DIVISIO RECTO 0114- L �L COUNSEL - 2A J_ 3�0 I �A- � "Lv FISCAL DIVISION Page 15 of 15 Il C. D. E. F. G. H. I. J. K. 0 ATTACHMENT A CITY OF BAYTO'WN, TEXAS PROJECT BUDGET 10212 -13r Personnel 1 VA $ LUUML $ 2,779.00 i u i HL $ 2,779.00 Fringe Benefits @247, 667.00 667.00 Tr vet E ui ment Suppliesl 400.00 400.00 Contractual 13,713.00 8,787.00 22,500.00 Construction Other 2 1,080.00 1,080.00 Total Direct Charges 13,713.00 13,713.00 27,426.00 Indirect Charges Totals 13,713.00 13,713.00 27,426.00 1 . Consumable office supplies. 2 Room rental. 0 ATTACHMENT B CITY OF BAYTOWN, TEXAS PROJECT NARRATIVE 10212 -13s The City of Baytown, Texas shall develop, conduct, and evaluate nine (9) one -day educational seminars for managers of the City of Baytown and other Harris County municipalities. The purpose of the seminars shall be to provide .a common knowledge base and understand- ing of essential management skills, resulting in enhanced working relationships and a higher level of service to the cor.munity. The specific project objectives shall outlined in "Approach and Methodology" and Program Narrative, of the city's IPA grant herein. In addition, the City shall provi{ course outline for the seminars and a list to receive training, no later than month 4 be accomplished as is "Timetable ", pp. 2-3, application, as if rewritten le TDCA with a detailed of other local participants of the contract period.