HomeMy WebLinkAboutPR 20291: AUTHORIZING AN INTERLOCAL AGREEMENT WITH SOUTHEAST TEXAS WORKFORCE DEVELOPMENT _.,_
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INTEROFFICE MEMORANDUM
Date: May 23, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Monique LeFlore,Director of Human Resources
RE: Proposed Resolution#20291for the National Dislocated Worker Grant Agreement
Introduction:
The intent of Proposed Resolution #20291 is to seek the City Council's approval to proceed and add to the
Worksite Agreement for the National Dislocated Worker Grant agreement between the City of Port Arthur and
Texas Workforce Solutions regarding the National Dislocated Worker (NDW) Temporary Disaster Relief
Employment Grant for Disaster TX-32: 2017 Hurricane Harvey, to include an Interlocal Agreement for the
purpose of disaster relief repair and restoration projects.
Background:
Since Hurricane/Tropical Storm Harvey made landfall approximate to Port Arthur resulting in widespread and
devastating flooding, destroying homes and businesses, the City is in need of temporary workers and
transportation for these workers, to help with reparation of City buildings as well as cleanup of debris from
frontage of residential homes, apartments and commercial buildings.
Budget Impact:
Initial out-of-pocket costs are to be reimbursed by the Southeast Texas Workforce Development Board.
Recommendation:
The intent of Proposed Resolution #20291 is to seek the City Council's approval to proceed and add to the
Worksite Agreement for the National Dislocated Worker Grant agreement between the City of Port Arthur and
Texas Workforce Solutions regarding the National Dislocated Worker (NDW) Temporary Disaster Relief
Employment Grant for Disaster TX-32: 2017 Hurricane Harvey, to include an Interlocal Agreement for the
purpose of disaster relief repair and restoration projects.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 20291
05/23/2018 cg
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
AND SOUTHEAST TEXAS WORKFORCE DEVELOPMENT, FOR
ASSISTANCE WITH THE CLEAN-UP PROCESS AS A RESULT OF
HURRICANE HARVEY.
WHEREAS, the City of Port Arthur entered into a Worksite Agreement with the
Southeast Texas Workforce Development Board to provide workers to help restore the City and
its facilities and properties through the National Dislocated Worker (NDW) Grant; and,
WHEREAS, the City wishes to add an Interlocal agreement for the provision of services
relative to Hurricane Harvey disaster relief, attached hereto as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the execution of an Interlocal
Agreement between the Southeast Texas Workforce Development Board and the City of Port
Arthur,Texas, for assisting with the clean-up process as a result of Hurricane Harvey, attached
hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of June A.D., 2018, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:
Pr20291
Mayor:
Councilmembers:
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
V 7A C i
Valecia Tizeno,% ity Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Monique LeFlore, Human Resource Director
Pr20291
EXHIBIT "A"
Pr20291
INTERLOCAL AGREEMENT WDB 1163
MASTER AGREEMENT FOR WORKFORCE PROGRAM
Parties:
1. Workforce Solutions Southeast Texas (Board)
P.O. Box 3607
Beaumont, TX 77704
409-719-4775
409.835.8219 (fax)
2. City of Port Arthur,Texas (a political subdivision of the State of Texas)
444 4th Street
Port Arthur,Texas 77640
409-983-8210
Contact: Monique LeFlore, Director of Human Resources
monique.lefloregportarthurtx.gov
Cheryl Gibbs, Sr. Human Resource Analyst
cheryl.gibbs@portarthurtx.gov
(409) 983-8216 (ofc), (409) 983-8282 (fax)
Recitals
Both the Southeast Texas Workforce Development Board, dba Workforce Solutions
Southeast Texas Board and the City of Port Arthur are authorized under the lnterlocal
Cooperation Act, §791.003(4)(A) & (5), Government Code, to enter into this Agreement with
one another to perform certain of their governmental functions and services (§791.011(a)).
The Board and the City of Port Arthur desire to enter into this interlocal Agreement whereby
the City of Port Arthur will be reimbursed for equipment rental costs approved by the Board
to facilitate recovery efforts associated with Hurricane Harvey. Due to the loss of equipment,
that availability of transportation for workers has been the greatest obstacle in the restoration
efforts throughout the city.
SECTION 1. Agreement Period
A. The period for performance of this Agreement shall commence( ,2018)and
shall terminate ,2018 (hereinafter referred to as "Agreement period")
unless this Agreement is otherwise extended or terminated.
B. The parties hereto agree and understand that each of them may execute this Agreement on
different dates,but hereby acknowledge that the effective date of this Agreement when fully
executed by both parties shall be , 2018.
SECTION 2. Legal Authority
A. Board is funded by the Texas Workforce Commission (subsequently referred to as TWC,
which is responsible for administering an integrated workforce development system for the
State of Texas, including the Workforce Innovation and Opportunity Act (WIOA)
National Dislocated Worker Disaster Grant Funds (NDW) to assist affected individuals
residing in the affected the Workforce area. This Grant shall provide a basis to ensure
an effective workforce investment system response to create temporary employment
opportunities to assist with clean-up, recovery, and humanitarian efforts.
B. The City of Port Arthur, a political subdivision of the State of Texas, hereby covenants and
agrees to abide by any applicable rules applicable to this agreement, including but not
limited to applicable provisions of TWC rules, regulations, and policy directives, the
TWC Financial Management Manual, Workforce Solutions Southeast Texas Board plans
and policies and the specifics of the National Dislocated Worker Disaster Grant Funds
(NDW) Grant which funds these monies. In the event of a conflict between any of the
applicable laws and regulations above, and the terms and conditions of the Agreement,
precedence shall be given to the laws and regulations and terms of the Grant mentioned above.
C. The City of Port Arthur warrants and represents to the Board that it possesses the legal
authority pursuant to an official motion, resolution or action passed or taken by its
governing body, giving the City of Port Arthur legal authority to enter into this
Agreement, to receive the reimbursement for equipment rental from the NDW Grant
funds through the Board and knows terms and limitations of the Grant.
D. The individual person signing this Agreement on behalf of the City of Port Arthur
hereby warrants and represents that he/she has been fully authorized by the City of Port
Arthur to execute this Agreement on behalf of the City of Port Arthur and to validly and
legally bind the City of Port Arthur to any and all the terms in this Agreement.
SECTION 3. City of Port Arthur Responsibilities
A. Acknowledgement of Funding Source/Equal Opportunity
The City of Port Arthur shall give acknowledgement to the Board,when issuing statements,
press releases, requests for proposals, bid solicitations, and other documents that refer to
activities funded under this Agreement,City of Port Arthur shall acknowledge the Board
as the funding source.
B. Statement of Work
The City of Port Arthur will maintain throughout the Agreement, adequate controls to
insure that the requests for reimbursement under this Agreement have not been requested
and/orreimbursed from other sources such as, but not limited to the Federal Emergency
Management Agency (FEMA), State or Local entities, or insurance recoveries. The
City of Port Arthur will notify the Board of all worksites at which the equipment will be
used in a timely manner. The equipment listed below is to be used for Hurricane
H a r v e y recovery activities, at worksites where NDW Disaster Relief Employment
participants are employed in the Temporary Jobs component of the NDW.
Administrative fees/costs are non-reimbursable from these funds.
Type of Equipment Quantity Duration Worksites Maximum
Cost
15-Passenger Van 1 6/30/2018 Public Works Department $1,775.00
15-Passenger Van 1 6/30/2018 Development Services $1,775.00
Department
C. Reimbursement and Fiscal Administration
1. The Board agrees to make payment to reimburse the City of Port Arthur for
allowable equipment rental related costs upon receipt of a verifiable statement•of
charges with adequate documentation and within the constraints of the stated
maximum Agreement amount.
2. The City of Port Arthur will submit copies of equipment rental agreements prior
to requests for reimbursement.
3. The City of Port Arthur will submit billings for this Agreement at least on a monthly
basis.
4. The City of Port Arthur understands and agrees that it shall be liable to repay to
the Board any funds not expended in accordance with this Agreement or determined
to be expended in violation of the terms of this Agreement.
5. The Board shall not be liable to the City of Port Arthur for costs under this Agreement
which exceed the maximum amount.
6. The City of Port Arthur shall submit a final invoice within fifteen (15) days of the
end of this agreement for any unreimbursed, allowable costs not to exceed the
maximum allowable amount.
D. Procurement
1. The City of Port Arthur shall procure all equipment rentals authorized under this
Agreement in a non-discriminatory, competitive manner and in compliance with
Federal and State Rules and Regulations including the applicable OMB circulars.
Documentation of such procurements shall be maintained and available upon request
for review by Board or any other authorized agencies.
2. The Agreement is for the rental of specific equipment submitted and approved by
the Board for recovery efforts necessary as a result of Hurricane Harvey. Any
deviations from the approved request that has resulted in this Agreement could require
the Board to seek approval through the Texas Workforce Commission and then
through the U.S.Department of Labor.
3. NDW Funds are not authorized for the purchase of heavy equipment.
E. Liability Insurance Coverage
The equipment rental must include adequate liability insurance coverage and proof of such
coverage will be presented with copies of the rental agreement prior to the beginning of
the rental equipment being used to cover personal injury and property damage to a third
party, in the amount of$1,000,000 for each occurrence.
F. Indemnification
The City of Port Arthur shall indemnify, save and hold harmless,the Board, from any
claims or losses or damages to property and/or resulting loss of use thereof and from
any loss or damage arising from bodily injury, including death,to the extent that such
claims, losses or damage are caused by the City of Port Arthur, its employees, officers
and agents. It is expressly understood and agreed that neither the U.S. DOL, nor TWC,
are parties to this Agreement and no legal liability shall attach to the part of the U.S.
DOL or TWC by the expressed/implied terms and conditions of this Agreement.
R
G. Assignment
1. All of the reimbursable items specified in the Agreement shall be performed by the
City of Port Arthur unless permission to subcontract specific items is granted and
copies of subcontracts are submitted to the Board. The City of Port Arthur shall
maintain and adhere to an appropriate system,consistent with federal, state and local
laws, for the award and monitoring of Agreements which contain acceptable
standards for ensuring accountability.
2. The City of Port Arthur, in assigning any of the performances hereunder, expressly
understands that in entering into such Agreements, the Board is in no way liable to
the City of Port Arthur's assignee(s).
H. Debarment& Suspension
The City of Port Arthur shall comply with the Federal regulations implementing
Executive Order 12549, Debarment and Suspension 29 CFR Part 98, and in doing so
has provided to Board,prior to its signature and execution of this Agreement and prior
to Board execution of this Agreement, a certification that neither the City of Port
Arthur, nor its principals, are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
I. Termination
Either party may terminate this agreement with or without cause with thirty-day(30)
notice. In the event of such terminations, the City of Port Arthur shall cease to incur
costs under this Agreement upon termination or receipt of written notice to Terminate,
whichever occurs first. The City of Port Arthur may request payment from Board, in
accordance with the terms and conditions of this Agreement for any properly
documented and verified allowable expense(s) which the City of Port Arthur may
reasonably have incurred prior to termination.
J. Unilateral Amendments
1. In the event of termination,suspension or reduction of any of the State or Federal
funds under which this Agreement is funded,this Agreement shall be reduced to
the level of funds available, or suspended until further notice or may be terminated
by the Board.
2. Unilateral modification by the Board of any of the terms of this Agreement may
occur in cases of non-compliance, unreasonable delays, or non-performance on the
part of the City of Port Arthur which would not enable the Board to meet its
obligation to TWC.
K. Bilateral Amendment
Except for the instances of unilateral modification all modifications to the terms of this
Agreement shall be in writing and executed by both parties.
L. Accessibility of Records
1. The City of Port Arthur shall give the U.S.DOL, General Accounting Office,Auditor of
the State of Texas, TWC, the Board,or other specific funding source(s),through their
authorized representative, the access to and the right to examine all records,books,
papers or documents requested.
2. The City of Port Arthur agrees to cooperate with any monitoring inspections,audit,
or investigation of activities related to this Agreement as maybe conducted by the Board,
Texas Workforce Commission,U.S.Department of Labor(DOL)and any other specific
funding source(s) for this Agreement, or their duly authorized representatives. The
City of Port Arthur agrees to make available for examination any and all records
requested and shall permit such entities to audit, examine, and make excerpts and
transcripts, in whole or in part, from such records and to conduct audits of all
Agreements, invoices, materials,records of personnel, conditions of employment,and
all other data requested.
3. Such access shall be granted during regular office hours of the City of Port Arthur
with or without previous announcement and shall include provisions by the City of
Port Arthur of suitable work space for such monitoring, inspection. audit, or
investigation to be conducted.
M. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, and venue for all legal actions shall be in Jefferson County,Texas.
SECTION 4. Entire Agreement
This Agreement constitutes the entire Agreement between the parties hereto. All previous oral or
written agreements relating to the subject matter of this Agreement between the City of Port
Arthur and the Board have been superseded, reduced to writing,and are merged herein and it is
expressly agreed and understood that no future, oral agreements, representations or modifications
shall have any legally binding effect unless and until reduced to writing and executed by both
parties.
This Agreement is duly executed to be effective May 22,2018.
Workforce Solutions Southeast City of Port Arthur, Texas
Texas (Board)
By: By:
Marilyn Smith Harvey L. Robinson
Executive Director Interim City Manager, City of Port Arthur