Ordinance No. 3,14910514 -9
ORDINANCE NO. 3149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING AND DIRECTING THE CITY MANAGER. TO EXECUTE A
CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
FOR YOUTH CONSERVATION CORPS PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the City Manager of the City
of Baytown to execute a contract with the Texas Department
of Community Affairs for a Youth Conservation Corps Program in
and /or around Baytown, Texas. 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 on this the 14th day of May ,
1981.
M .� r • • Mayor'
r TTEST :
LJy
1 � i
EILEEN P. HALL, City Clerk
APPROVED:
aey4=�,�-
ANDALL B. 9TRONG, City torney
�:AS 1' P �`fi IF.E?T tr4' I : L lkL. E'iI Ili 'a
1'E� L !1. I;, CY
C.IIi.LUE ;E ;: Etl�iir YUUTEI Si_RVICE;S =1.110A r7! %}
CONTRACT F09 YOUTH CU"SE:RVAI iU;'i CUEtF':�
Pl�vt lttuE OPLhA IU ~ 1981 TWA
SE,kTE. Or TEXAS
COLi;TY OF TRAVIS §
SUCTION 1. Parties to Contract
'1' is contract iJ"d riWmlent is made and inters }d into by and Ke.Lwaen the
Texas Department of Community A €fairs, an agency of the State. K Texas,
hereinafter referred to as "Department" and the City of Baytown, hereinafter
referred to as "Contractor." The parties hereto have severally aiiu
collectively agreed and by exception hereof are bound to the MutuN obli&ation
and to performance and accomplishment of the task hereinafter described.
SOCT100 11. Contractor Performance
Contractor will operate a Youth Conservation Corps project in accordance
with the Youth Conservation Corps Act, hereinafter referred to a.s "the
Act," 16 U.S.C.A. §§ 1701 -1706 (Supp. 1477), and federal program regulations.
Contractor shall render the perfowances 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.
St.CTION III. Contract Period
This contract and agreement shall commence Play 1, 1961 and shall terminate
August 31, 1981.
S4.CT'IW IV. Department _Fundin Obligations
A. Pleasure 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 180'/,) of the actual costs incurred by the Contractor for performances
rendered hereunder subject to the following limitations:
1. Lie Department shall not be liable to the Contractor for expenditures
made- in violation of Sections 214.5 (j)(1) and (rig) of the regulations promul-
gated under t'ie Act, 53 Fed. heg. 40990410013 0976), or in violation of any
other regulations promulgated pursuant to the Act.
2. lie Department shall not be liable to the Contractor for expenditurns
for construction of residential facilities except for necessary renovation or
modification of existing; facilities and their necessary basic infrastructure.
The Department shall be liable tp 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 (Q00.00) shall require prior written approval of Depart- -
nient as a requirement in addition to that requirement imposed by the preceding
sentence.
3. The department shall not be liable to the Contractor for any expendi-
tures which are not allowable costs defined in 111C 74 -4, 34 C.F.E. 255 (1970),
or which have not been made in accordance with the requirements for program
management in 0HB Circular A -102, 42 Md. Reg. 45828 -91 (1977).
Page 1 of 16
A!_0pve;
F
10514 -9b
4. The Department shall not be liable to the Contractor for costs incurred
or performances rendered unless such casts and performances are strictly in
accordance with the teams of this contract, including, but not limited to,
terms governing the Contractor's promised performance, the description of that
pa rformance as specified in Attachment I, the budget set forth in Attach-
ment 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 mangier prescribed 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 clams 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. Treve1 - Includes transportation of enrollees and staff to
and from project sites and staff transportation to and from training
sites and for enrollee selection and recruitment. Travel cost shall
include rate per mile, per diem, and other types of travel expenses
authorized by the Department, pursuant to Section XKXI of the contract.
d. E unt - Includes the purchase of any equipment necessary to
carry out the project, but subject to the limitations set forth in the
paragraph below. Includes required items such as safety equipment.
e. Supplies -- Includes supplies necessary to carry out the pro--
ject 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, lensed
or rented by the Contractor to carry out the I'CC project, but sub-
ject 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 cast to operat4: program. Con-
tractor must have an approved indirect cost plan.
i. Program Income Includes any income arising from the project.
Contractor's expenditures for single items of "Equipment" with a purchase
price of One Hundred Dollars (J100.00) or more as specified in cost category
number four of Attachment II (Budget) and any Contractor's expenditures,
regardlesa of amount, for "Contractual" and "Other" as specified by cost
categories numbers six (b} and eight (S), respectively, of Attachment II
(Budget) shall be limited to those expenditures which either have been ap-
proved in advance in writing by Department or are enumerated as follows:
Eqj i�ment -- Gardening tools, power sags and drills, post hole drills,
grass mowers, hand tools, safety equipment.
Contractual -- Transportation vehicles, heavy earth moving equipment, re-
production equipment.
Other - Start -up expenses, program planning, training, postage,
utilities, telephone, audit, medical, first aid, printing, advertising,
office space, camp opening and closing costs.
Page 2 of 16
10514 -9c
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 Department 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 writing to that effect within a reasonable time
thereafter.
7. 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 ninety (90) days following the termination of this contract.
8. Department shall not be liable to Contractor for costs incurred by Con-
tractor 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 plaid 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:
/ / 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 re-
quisition for payment, the Department shall pay to Contractor an
amount equal to Departmental liabilities accrued as specified in
Subsection A of this Section.
/ g / 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 (30X) of the
maximum Department liability specified by Subsection D of this
Section. The request for advance shall be 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 the Contractor the amount
so requested against Departmental liabilities accrued or to be
accrued as specified in Subsection A of this Section IV.
Page 3 of 16
(0514 -9d
c. Following receipt by Contractoc of Department's payment pursuant
to Subsection BUM) of this Section IV, Contractor shall bill
(according to Department's reasonable billing instructions) De-
partment periodically, but no more than twice in any monthly per-
iod, 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 (pur-
suant to Subsection A of this Section) but not previously billed
and paid pursuant to this Subsection B(Mc) 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 satis-
factory performance of its obligations under this contract.
3. 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.
Prior to Contractor's performance of the above - listed obligations, the De-
partment 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 deter-
mined from such final report and/or audit the final amount owing under this
contract. Within a reasonable time following the determination by the De-
partment 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.
4. 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 with-
held or otherwise owing to the Contractor hereunder against any amount
owing but unpaid by Contractor to Department arising from this or any
other contract between'Department and Contractor.
-5. It is expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Subsection B 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.
Page 4 of 16
10514 -9e
D. Limit of Liability
Dlotcaithstanding any other provision of this contract, the total of all pay -
ments, liabilities and other obligations iaLde or incurred by the �bepartrrent
hereunder small not exceed the snj:1 of Twenty Thousand Dine Hundred: Seven
and Rio /1.00 Dollars ($20,907.00).
Si:CTIUrd V. Enrollee selection
A. The Department shall provide the Contractor with a list of qualifieu ap-
plicants for its YCC Project. From this list and from qualified youth w1io
have participated in prior YCC projects (returnees) Contractor shall select
and hire at least twenty (20) enrollees for at least seven (7) weeks for its
YCC project. The Contractor shall be responsible for screening the list of
qualified applicants provided by the Department to determine whether such
applicants have participated in previous YCC Projects. Contractor shall insurz
that no more than ten percent (10 %) of the enrollees employed shall have bear,
enrollees in previous years. All returnees shall be designated as Enrollee
Youth Leaders.
B. The Contractor assures that all enrollees in the YCC Project have attained
the age of fifteen (15) by June 1, 1981, but have not attained the age of
nineteen (19) by August 30, 1981, are peraj anent 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 em-
ployed without regard to their sex or social, economic, or racial classifica-
tion.
C. The Contractor shall operate the YCC Project so that enrollees' participa-
tion is required only during summer months.
SECTION V1. Non- Federal /lion- Dep-artntiental F.aployee
It is understood and agreed by the parties hereto that the YCC Project en-
rollees are employees of the Contractor and shall be insured accordingly. The
Contractor shall pay enrollees Federal or state minirnum wage, whichever is
higher. The Contractor shall exert its best effort to assure that its YCC en-
rollees 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 environmental
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. Enrollee
Youth Leaders shall be paid $1.50 per day above the normal enrollee wage.
SPICTIGL14 VII. Safety Standards
A. The Contractor shall provide to the Department by clay 29, 1981, a written
accident control, health, and safety program. As a minimum, the Contractor
shall comply with United States Department of Labor bulletin too. 3.01, JA
Guide to Child labor Provisions of the fair Labor Standards Act ", and "Safety
and health hegulations" provided by the Department.
D. Contractor shall provide on -site adult supervision of enrollees at all
times during which the work activities are being performed, based on the num-
ber of enrollees in Section V. The Contractor shall provide on--site supervi.-
sory personnel in the ratio of at least one adult supervisor for every ten
enrollees.
Page 5 of 16
1 051 4 -9f
SECTION VIII. Reporting Requirements
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 documents 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) de-
scription of living conditions including types, age, and condition of tents,
cabins, dormitories, 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 lodgin .-, if any; (10) de-
scription of health and safety program; (11) description of enrollee and staff
recruiting and selection systems including description of affirmative action
measures taken to assure that minority and other disadvantaged persons re-
ceive equal opportunity and consideration; (12) description and hours of en-
rollee integrated environmental work - learning experience by resource category,
and value of work supplies and materials by resource category; (13) descrip-
tion and value of work accomplished by resource category (for example, a tim-
ber management, recreation, etc.); (14) the Contractor's agreement to adminis-
ter 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.
D. The Contractor shall submit such other reports on the operation and per-
formance of this contract as may be required by the Department. The Depart-
ment may use any reports submitted by the Contractor to measure accomplish-
ments in achieving objectives stated in this contract.
E. The Contractor shall maintain a written inventory list, of all items of
equipment purchased with funds provided under this contract and with,a pur-
chase price of One Hundred Dollars ($100.00) or more. This inventory list
shall be maintained in accordance with the requirements for property management
in OMB Circular A -102, Attachment N, 42 Fed. Reg. 45889 (1977). At the
time Contractor submits to Department its Financial Status Report covering
expenditures for the month of June, it shall also submit to Department a
copy of its inventory list. Contractor shall also submit a final inventory
list at the time it submits its final Financial Status Report. Contractor
shall comply with the instructions of the Department, the United States
Department of Agriculture, or the United States Department of the Interior
concerning the disposition of inventoried items.
Page 6 of 16
10514 -9g
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 re-
ceived under this contract. The Contractor assures that the audit shall be
conducted in compliance with the requirements oz' Attachment P of ORB 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 by contract budget cost categories
of the federal and non - federal funds involved in performances funded under
this contract, indicate any questioned costs, and must be consistent with gen-
erally accepted audit procedures. 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 pay-
ment under this contract or four (4) years, 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 resolv-
ed. The Contractor shall keep these records, documents, and reports in good
and accessible condition.
SECTION XI. Department Monitoring
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 here-
under 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 Depart-
ment 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 performed by the Contractor under this contract.
SECTION XIII. Subcontracts
A. Contractor shall subcontract for the performances specified herein only
where such subcontracts and the subcontractors are expressly specified here-
in or with the prior written approval of such subcontracts and subcontractors
by the Department. Contractor, in subcontracting any of the performances
hereunder shall legally bind subcontractors to perform subject to all the
duties, requirements, and obligations specified of Contractor herein with
respect to such performance or any portion thereof.
Page 7 of 16
10514 -9h
B. In no event shall aizy provision of this Section, specifically including
':he requirement that Contractor obtain the prior approval of Department on
Contractor's subcontracts, be construed as relieving Contractor of the re-
sponsibility for insuring that the performances rendered under all subcon-
tracts 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 per-
formances 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 perform-
ances hereunder the contractual relationship shall be governed by the princi-
ples stated in the "Conflict of Interest" and "Nepotism" provisions and that
all subcontracts shall contractually bind Contractor and its subcontractor 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 Contract-
or'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 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 Depart-
ments. of Agriculture and Interior to operate the 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 -95, 38 Fed. Reg. 32874 (1973), and all revisions thereof, to
the extent and is 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
operation 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.
SECTION XV. Amendments and Chan es
A. Any alteration or addition to, or deletion from the terms of this contract
which are required by changes in Federal laws, or Federal regulations promul-
gated pursuant thereto, are automatically incorporated into this contract
without written amendment hereto and are effective on the date designated by
the law or regulation.
B. If the Contractor cannot conform to the changes required by Federal laws
or Federal regulations promulgated pursuant thereto, the Contractor shall
notify the Department in writing no later than the effective date of such law
or regulation that it cannot conform, The Department shall then establish
the standards for the termination of Contractor's YCC Project and shall term-
inate the contract as soon as possible.
Page 8 of 16
10514 -9!
C. Any alteration, addition, or deletion to the terms of this contract shall
be by amendment hereto in writing and executed by both parties hereto except
as may be expressly provided for in some other manner by the terms of this
contract.
SECTION XVI. Order of Precedence
In the event that there are conflicts among the provisions of this contract,
the conflicts shall be resolved by giving precedence to the sections appear-
ing on the first sixteen (16) pages of this contract and all amendments
thereto.
SECTION XVII. Non-Discrimination and E ual artunit
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, religion, color, sex, age, or national origin. Such action
shall include, but, not. be limited to, the following: employment, upgrading,
demotion or transfers; recruitment or recruitment advertising; layoff or ter-
mination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post, in con-
spicuous 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 par-
ticipants 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 of workers' 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.
F. In the event of the Contractor's non - compliance with equal opportunity
conditions of this contract, the Department may cancel, terminate, or suspend
this contract in while or in part; the Contractor may be declared ineligible
for further contracts and such other sanctions may be imposed and remedies
invoked as otherwise provided by law.
G. The Contractor shall include all of Subsections (A) through (C) in every
eligible subcontract or purchase order so that such provisions shall be bind-
ing 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 for non - compliance.
Page 9 of 16
10514 --9j
H. 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 participa-
tion in such program, because of race, color, religion, sex, national origin,
handicap, or political affiliation or belief.
I. The Contractor shall comply with Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000[d]), as amended, which is incorporated herein by this refer-
ence as if fully rewritten, and covenants that no person 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 assistance, and
will immediately take any measures necessary to effectuate this requirement.
J. 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.
K. 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 refer-
ence 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 mended, and Executive Order 11141, which
are incorporated herein by this reference as if fully rewritten, and covenants
that it will not practice discrimination against any employee or applicant for
employment on the basis of age. The Contractor shall no: discriminate in
employment against any person because of his or her age or specify in solici-
tations or advertisements a maximum age limit except and unless it is based
upon a bona fide occupational qualification, 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 per-
son, that the person's handicap does not prevent that person from doing the
job that person would be required to perform. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion, or trans-
fer; 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 em-
ployees and applicants for employment, notices to be provided by the Depart-
ment'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
$10,000.00 or more. The application of this Section shall be governed by the
regulations found at 41 C.F.R. § 60 -250.)
A. The Contractor agrees that it shall comply with Section 402 of the Vietnam.
Era Veterans Readjustment Assistance Act of 1974 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 veterans and disabled veterans of
the Vietnam era and will not discriminate in an employment situation against
mentally or physically handicapped or disabled veterans or against otherwise
qualified Vietnam Era Veterans, if such individuals are capable of performing
the work involved in the employment situation.
Page 10 of 16
10514 -9k
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 $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 ven-
dor. The Contractor will take such action with respect to any subcontract or
purchase order as the Department may direct to enforce such provisions, in-
cluding action for non - compliance.
SECTION XIX. Affirmative Action for Handica ed
(This Section is applicable pursuant to 41 C.F.R. ., 560--471 (1978), if the De-
partment's maximum funding obligation under Subsection (D) of Section IV is
$2,500.00 or more. The application of this Section shall be governed by the
regulations found at 41 C.F.R: §60-471.)
A. Contractor agrees that it shall comply with Section 503 of the Rehabil-
itation 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 discrim-
inate in an employment situation against handicapped individuals if such in-
dividuals are capable of performing the work involved in the employment sit-
uation.
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 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 listed 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 cancelled, termi-
nated 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, mon-
itoring, 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.
Page 11 of 16
10514 -91
SECTION XXI. Uniform Relocation
The Contractor shall comply with the Uniform Relocation Assistance and Peal
Property Acquisitions Policies pct 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.
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. § 24, 1709 -1 (Supp. 1977);
42 U.S.C.A. § 4001- -4003, 4012a, 4013 - 4016, 4026, 4054, 4056, 4101, 4104 - -4107,
4121, 4128 (1977), and if the location of the facilities has been identified
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 renova-
tion or modification of the aforementioned facilities.
SECTION XXIII. Non-Expendable Personal Property Procurement Standards
The Contractor shall comply with Attachments N and 0 of OMB Circular Rio. 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 Activit
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 under-
taken 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, director in-
direct, 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 in-
terest 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 moti-
vated 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 the 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 thislcontract 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 12 of 16
10514 -9m
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 per-
son 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.
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 benefits arising directly or indirectly from this contract upon any
member 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. Done 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-
formance of this contract be used for sectarian instruction or as a place of
religious worship.
Page 13 of 16
10514 -9n
SECTION XXVIII. maintenance of Effort
The Contractor agrees that the funds and resources provided the Contractor
Mader the terms of this contract will in no way be substituted for funats
and resources from other sources nor in any way serve to reduce the re-
sources, services, or other benefits which would have been available to, or
provided through, the Contractor had this contract not been executed.
SECTION XXIX. Leval Authorit
A. The Contractor assures and guarantees that it possesses the legal author-
ity, pursuant to currently valid and effective articles of io.cozporation, by--
laws and action taken by Contractor's Governing Board or body giving die
Contractor legal authority, to enter into this contract, receive the funds
authorized by this contract and to performs 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 the Contractor to execute this con-
tract on behalf of the Contractor and to validly and legally bind the Con-
tractor to all the terms, performances, and provisions herein set forth.
C. The Department shall have the right, at itd option, to either temporarily
suspend or permanently terminate this contract, if there ib a dispute as to
the legal authority of either the Contractor or the person signing the con-
tract to enter into this contract. The Contractor is liable to the Depart-
ment for any money it has received from the Department for performance of
the provisions of this contract, if the Department has suspended or terminat-
ed this contract for the reasons enumerated in this Section.
SECTION XX.h. Oral and Written Agreements
A. All oral or written agreements, relating to the subject matter of this
contract and which were made prior to the date of commencement specified in
Section III, between the Contractor and the Department have been reduced to
writing and are contained herein.
B. The below enumerated and denominated attachments of the namber of pages
indicated are hereby made a part of this contract:
I. Attachment 1, Contractor's Performance Statement (3 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 writs. ,.n statement
delineating -the rates which the Contractor shall use in computing travel
and per diem expenses of its employees. The Department shall review ,an,,
"Local Travel. Policy" submitted by the Contractor and shall approve 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."
Pale. 14 of 16
10514 -90
uurins the period, if any, subsequent to the cumnencement d ?Le M th.ts con-
tract, but before approval of the "Local travel Policy" by the Uapnrtwont,
the hepartment shall reimburse the Contractor for travel and per dice ex-
penses at the rates established by law for the Department's employees in
classified positions.
B. the Contractor must have the prior written approval of the Department-
before it may use funds under this contract to pay for travel and per diem,
except that travel within Harris County, which is necessary for the performance
of this contract by Contractor shall not regyi.re prior Departmental approval.
Pay�ent for travel small be wade only for those personnel in budgeted staff
positions. In no event shall the aggregate of all payments from Department to
Contractor exceed the amount specified for travel in Attachment LL Wdget) of
this contract.
SKCTIOd XXXI1. Termination
A. tinder the tents of the Department's grant from the United States Dapart-
ments of Agriculture and Interior, the Secretaries of those Departments have-
the power to terminate Department's grant effective upon notice of termina-
tion, if activities that are funded by the grant have not been carried out
in coapLiance with the grant. 'this contract shall terminate in the event
that the Secretaries of Agriculture and Interior so terminate the Depart -
ment's grant; the termination of the contract shall occur on the same date as
the termination of the Department's grant.
Upon receipt of notice of termination from Department, the Contractor shall
discontinue further commitments of funds pursuant to this contract., cancel
all subcontracts scheduled for payment with funds received pursuant hereto,
and within ten (10) days after receipt of notice of termination supply the
department with a final financial statement, and repayment of any unused
portion of funds advanced or a request for reimbursement for allowable ex --
penditures incurred in the program before termination, in accordance 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 each party's sole option, to immediately terminate and
bring to an end all performances to be rendered under this contract by noti-
fying the other party hereto in writing of such termination. Should neither
party exercise its right to terminate, this contract shall terminate in ac-
cordance with Section III, IV or XV, whichever first results in termination.
C. upon termination or receipt of notice to terminate, whichever occurs
first, the Contractor shall cancel, withdraw or otherwise terminate any out- -
standing orders or subcontracts which relate to the performance of this con-
tract and shall otherwise cease to incur costs hereunder.
D. In no event shall the Leparttnent be liable to the C,ontr3ctor or the Con-
tractor'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) clays and io the manner
prescribed by the Department all unexpended and uncommitted funds.
Page 15 of 16
;0514 -9p
S UT10A XXXIII. Ca±
activities supported by this contract produce original books, nnnuals,
films, coaputer programs (including executable computer pro,rar.s and support-
ing data in any form ), or ogler copyrightablo material, the Contractor "ay
copyright such, but Department reserves .a royalty -tree, non -c :clusive, and
irrevocablo license to produce, publish and use such "aterials, Pad to
authorize others tc Rio so. Disposition of royalties will be determined by
b0partment. Provisions appropriate to effectuate the purposes of this Sec-
tion must be in all employ "ent contracts, consultants' agreements, and other
contracts in which funds received under Luis contract are invoivad.
idl'I'ty b OUR IUD Nb RFFLC'TiVt, THIS 1st clay of clay, 1961.
Contractor:
Fritz Lanham
City oana;er.
City of Baytown, Texas
Approved and accepted on behalf of the Texas Lopartmont of Community Affairs,
an agency of the btate of Texas.
Sid Wieser, Lxecutive Arector
Texas Department of Contraunity Affairs
This contract is not effective unless signed by the Lxecutive Director of the
Department.
Reviewed by:
Division Director:
Legal Counsel:
Fiscal Division:
Page 16 of 16
10514 -9q
Baytown
YCC
Attachment I
I. Roseland Park
A. Recreation Development
1. Develop a green belt and fishing area along 600` of
Cedar Bayou.
2. Spread top soil on 15' x 600' area.
3. Install 5 rustic wooden shelters for hikers and
fishermen
4. 'Renovate and expand playground area:
(a) Remove an old A frame swing
(b) Install 1 arch swing, 2 park benches, 1 cliff hanger
bridge, 2 spring animals, and 1 athletic backstop
B. Timber Management
1. Plant 6 Palm Trees along the bayou.
C. Soil Conservation
1. Cut and place approximately 900 square yards of sod
to slow bank erosion
D. Inclement Weather Activities
1. Discuss planning and Location
development of park areas Roseland Circle
and Texas Avenue
2. Identify native plants and trees
3. Make presentations on value of waterways
II. Barkuloo Park
A. Recreation Development
1. Develop a playground area on approximately one (1) acre
of the five acre park:
(a) Clear site of underbrush
(b) Install 1- whirl, 1 -tot swing,
1 -arch swing, 2- spring animals
1- buckabout, 1 -cliff hanger bridge,
l- multi -tower wood unit, 6- picnic tables,
6- concrete pads, 6- cooking grills,
2 -park benches, and 1- athletic backstop.
B. Timber Management
1. Plant 8 trees in the park area
C. Inclement Weather Activities
1. Participate in planning
the layout of playground equipment
2. Survey the physical topography of site
Page 1 of 3
Location
Barkuloo Park
10514 -9r
111. Bayland Park
A. Recreation Development
1. Develop a picnic area on 15 acre park by constructing
and installing 12- picnic tables, 12- concrete pads,
12- cooking grills on a site overlooking Goose Creek.
2. Develop a green space by clearing a 2 acre site to control
mosquitos.
3. Clear debris and brush from a historic 2 acre site at the
south end of the park.
B. Inclement Weather Activities
1. Identify flora and fauna found -in Location
marsh -like areas.
Hwy #!46
2. Learn about ecologically safe insect
control methods.
3. Receive presentations on historical
significance of orphanage site.
IV. Newcastle Park
A. Recreation Development
1. Construct a 16' x 24' wooden shelter with
a concrete slab.
2. Erect 1- athletic backstop at this 3.5 acre park.
B. Inclement Weather Activities
1. Discuss the need for recreational Location
facilities in urban areas and Newcastle Street
implications for urban land use and Deadend
planning.
V. Milner Park
A. Recreation Development
1. Develop a playground area on the one acre park
by installing 1- whirl, and 2- saddlemate units.
B. Inclement Weather Activities
1. Studies will be made of park Location
utilization. Milner Park
VI. Baytown Parks and Garden Medians
A. Visitor Service
1. Each enrollee will spend at least 2 days in maintenance
and picking up litter at various parks to strength
enrollee input for litter control.
2. Approximately 1 week to be devoted to mulching and ~deed
control on 25 garden medians throughout-city.
Median plants replaced and pruned as needed.
3. Soil tests to be conducted to indicate soil composition
needed for various plants.
4. Contractor will insure that safety precautions are taken
while working in median areas.
Page 2 of 3
10514 -9s
VII. Environmental Awareness Activities
A. Identify native plants and trees.
B. Identify flora and farina found in <<iarsh -like areas.
C. Environmental learning will be integrated into each
work learning activity. At least 250 of the week's
work hours will be integrated environmental awareness
learning.
Page 3 of 3
- Total
kij t Chaiges _
U. TOTAL
Q. Federal Sham
B. Non Federal Share
14. picgiam Income
-----'---------------'-
lS. Detail on Indirect Costs*
Type qf Rate (hA ore bvt)
~ `
_
20,907.00 51500.00 26,407.00
p(edole/m/ned.
r'-1 final Fixed
�] ov/uuox
Rate Base Total Amount S --
PART III
PtonnomHn=oli"* Stater"",
<^°�h°4d»/""° "F-11, «ww~°"Ory)
Federal Non-Federal
-U-
]a' Enrollee Pay 14,070-00
lb, Staff pay 4,960'00 -0-
2a Enrollee Fringe Benefits ' 1,387_00 -O-
2b Staff Fringe �Sn�fi�� -----------
' 490'00 -0-
|05|4-9f
ATTACHMENT T
` (
(Siiort
!
PART 11 BUDGET DATA
|
Personnel
3. T
Travel
S. s
supplies
7. C
CvislluctiOn
8, W
Wler
20107.00 5
5,500-00 2
26,407.00
kij t Chaiges _
U. TOTAL
Q. Federal Sham
B. Non Federal Share
14. picgiam Income
-----'---------------'-
lS. Detail on Indirect Costs*
Type qf Rate (hA ore bvt)
~ `
_
20,907.00 51500.00 26,407.00
p(edole/m/ned.
r'-1 final Fixed
�] ov/uuox
Rate Base Total Amount S --
PART III
PtonnomHn=oli"* Stater"",
<^°�h°4d»/""° "F-11, «ww~°"Ory)
Federal Non-Federal
-U-
]a' Enrollee Pay 14,070-00
lb, Staff pay 4,960'00 -0-
2a Enrollee Fringe Benefits ' 1,387_00 -O-
2b Staff Fringe �Sn�fi�� -----------
' 490'00 -0-