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HomeMy WebLinkAboutPR 15088: WORKFORCE SOLUTIONS SOUTHEAST TX - INTERLOCAL AGREEMENTCity of Port Arthur Memorandum T0: Stephen. B. Fitzgibbons, City Manager. DATE: 02/06/09 FROM: Dr. Albert T. Thigpen, Director of Human Resources RE: P. R: NO. 15088 - A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND WORKFORCE SOLUTIONS SOUTHEAST TEXAS FOR REIMBURSEMENT OF RENTAL COSTS FOR EQUIPMENT RELATED TO HURRICANE IKE RECOVERY IN AN AMOUNT NOT TO EXCEED $265,709.97 (ACCOUNT NO. 121-2300-901-51-00 -APPLICABLE PROJECT) COMMENT Recommendation: It is recommended that the City Council approve P. R, No,~15088 - A Resolution Approving an Interlocal Agreement Between the City of Port Arthur and Workforce Solutions Southeast Texas for Reimbursement of Rental Costs for Equipment Related to Hurricane Ike Recovery in an Amo(ant Not to Exceed S 265,709.97 (Account No. 121-2300-901-51-00 -Applicable Project) Background: Port Arthur was a impacted by the landfall of Hurricane Ike in September, 2008.. The Workforce Solutions Southeast Texas Board has received federal funding to provide manpower assistance to impacted entities pursuant to the National Emergency Grant (NEG) .Program.. The City of Port Arthur participates in the program and made request to the Workforce Solutions Southeast Texas Board for tunding to cover the cost of needed equipment to assist in its 'Hurricane Ike restoration and recovery activities. ~~ r~_ it The Workforce Solutions Southeast Texas Board forwarded the City's request to the United States Department of Labor, which approved the request and provided funding to the Board for equipment rental. The City is eligible for reirribursement for equipment rental costs related to Hurricane Ike recovery up to S265,709.97. The rental equipment must be used where we are using NEG employees: The City is eligible for rental reimbursement through the current ending date of the NEG Program -June 12, 2009. Budget/Fiscal Impact: Approval of the P: R. 15088 which authorizes the Intelocal Agreement with the Workforce Solutions Southeast Texas Board will provide the City with reimbursement for eligible .equipment rental costs up to S 265,709:97. Staffing/Employee Effect: ° None anticipated. SUMMARY: It is recommended that the City Council approve P. R. No. 15088 - A Resolution Approving an Interlocal Agreement Between the City of Port Arthur and Workforce Solutions Southeast Texas for Reimbursement of Rental Costs for Equipment Related to Hurricane Ike Recovery in an Amount Not to Exceed S 265,709.97 (Account No. 121-2300-901-51-00 -Applicable Project). P. R. No. 15088 02/02/09 tma RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL •AGREEMENT BETWEEN THE CITY OF.PORT ARTHUR AND WORKFORCE SOLUTIONS SOUTHEAST TEXAS FOR' REIMBURSEMENT OF RENTAL COSTS -FOR EQUIPMENT RELATED - TO HURRICANE IKE _ RECOVERY IN AN AMOUNT NOT TO EXCEED $265,709.97. (ACCOUNT NO. 121-2300-901-51-00 - APPLICABLE PROJECT). WHEREAS, U.S. Department of Labor (USDOL) has authorized reimbursement for equipment rental costs to assist with recovery efforts associated with Humcane Ike; and ` WHEREAS, it is deemed in the best interest of the citizens of Port Arthur. to enter into an interlocal agreement with Workforce Solutions Southeast Texas, attached hereto as Exhibit "A", which will allow for reimbursement for.the rental costs of equipment in an amount not to exceed $265,709.97; and WHEREAS, the City will only be reimbursed for equipment approved by the USDOL and it is limited to the approved costs delineated on page 3 of the agreement; and WHEREAS, procurement of said equipment must be in compliance with Federal and State rules and regulations; and ' WHEREAS, approved equipment will solely be used at worksites where Disaster Relief Employment participants are employed in the Temporary Jobs component of the National Emergency Grant program. ' NOW, THEREFORE. BE IT RESOLVED BY THE CITY. COUNCIL OF THE t CITY OF PORT ARTHUR: Section 1. -That the facts and opinions in the preamble are true and correct. Section 2. ,That the Mayor is hereby authorized to execute Interlocal Agreement WDB 1119 Master Agreement for Workforce Program, attached hereto as Exhibit "A". Section 3. That a copy of the caption be spread upon the Minutes of the City Council.. t i i P. R. No. 15088 02/02/09 tma READ, ADOPTED, AND APPROVED, this day of 2009, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: , AYES: Mayor: _ Councilmembers: NOES: ATTEST: Terri Hanks, Acting City Secretary Mayor Deloris Prince APPROVED AS TO FORM: ~~ ~ U Mazk Sokolow, ttorney Lor b01nA1. ~ 6~~, PROVED FOR TI3E AVAILABILITY OF FUNDS: .~~~~~ -~ Rebecca Underhill, Director of Finance APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager . 2 STATE.OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT WDB 1199 MASTER AGREEMENT FOR WORKFORCE PROGRAM Parties 1. tAlORKFORCE SOLUTIONS -SOUTHEAST TEXAS BOARD P.O. Box 1367 Nederland, Texas .77627 2901 Turtle Creek Drive, Suite 300 Port Arthur, Texas 77642 (409) 719-4750 (409) 727-6431 FAX Authorized Person' Marilyn Smith, Executive Director 2. CITY OF PORT ARTHUR TEXAS, a political subdivision of the State of Texas 444 4th Street Port Arthur, TX 77640 , (409) 983-8218 (409) 983-8128 FAX Authorized Person: Mayor Deloris Prince Recitals Both the WORKFORCE SOLUTIONS SOUTHEAST TEXAS BOARD (BOARD) and the CITY OF PORT ARTHUR are authorized under the Interlocal Cooperation Act, §791.003(4)(A) & (5), Government Code, BOARD- and CITY OF PORT ARTHUR 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 U.S. Department of Labor (USDOL) to facilitate recovery efforts associated with Hurricane Ike. SECTION 1. Agreement Period A. The period for performance of this Agreement shall commence February 10, 2009 and shall terminate June 12, 2009 (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 February 10; 2009. 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. National Emergency Grant. ` 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 Emergency 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 Natiohal Emergency Grant -funds through the BOARD and khows 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 said. CITY OF PORT ARTHUR and to validly and legally bind the CITY OF PORT ARTHUR to any and all the terms iri this Agreement. SECTION 3. CITY OF PORT ARTHUR RESPONSIBILITIES A. Acknowledgment 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 furided under this WDB 1119 Page 2 Agreement, CITY OF -PORT ARTHUR shall acknowledge 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 / or reimbursed from other sources such as, but not limited to the Federal Emergency Management Agency, State or Local entities, or insurance recoveries. The CITY OF PORT ARTHUR will notify the BOARD of all w,orksites at which the equipment will be used in a timely manner. The equipment listed below is to be used for Hurricane Ike recovery .activities, at worksites where Disaster Relief Employment participants are employed in the Temporary Jobs component of the NEG. Administrative fees i costs are-non-reimbursable from these funds. Number of Cost per Type of Equipment quantity Months Month Total Cost Basket Lift 2 4.5 1,780.00 16,020.00 Stump Grinder 2 4.5 1,890.00 17,010.00 Crew Cab Truck `2 4.5 1,188.00 10,692.00 Industrial Debris Vacuum 2 4.5 1,382.00 12,438.00 1/2 Ton Pick-ups P 9 4.5 650.00 26,325.00 1/2 Ton four wheel drive pick-ups ~ 2 4.5 758.33 6,824.97 Dump Trucks (8 Cl~ 4 4.5 800.00 14,400.00 Backhoe 1 4.5 1,500.00 6,750.00 Front-end Loader 1 4.5 7,500.00 33,750.00 Bulldozer (D-5 or equivalent) 1 4.5 12,000.00 54,000.00 Bulldozer (D-7 or equivalent) with 6-way blade 1 4.5 15,000.00 .67,500.00 Maximum equipment rental related reimbursement $265,709.97 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 Agreementamount. 2. The CITY OF PORT ARTHUR will submit copies of equipment rental agreements prior fo requests for reimbursement. 1119 . - Page 3 of T The CITY OF PORT ARTHUR will submit billings for this Agreement at least on a monthly basis. - a 4. The CITY OF PORT ARTHUR uhderstands 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 irr violation of the terms of this Agreement. 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 shat! 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 The CITY OF PORT ARTHUR -shall procure all equipment rentals authorized under this Agreement in anon-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 U.S. Department of Labor for recovery efforts necessary as a result of Hurricane Ike._ Any deviations from the approved request that has resulted in this Agreement would.likewise require the BOARD to seek approval through the Texas Workforce Commission and they through the U.S. Department of Labor. 3. NEG funds are not authorized for the purchase of heavy equipment. E. 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 th.e beginning of the rental equipment being. used to cover personal injury and property damage to a third party, ih the amount of $1,000,000 for each occurrence. The BOARD shall be named as an additional insured and certificate holder for all applicable policies. 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 fhereof and from any loss or damage arising from bodily injury, including death, to the extent that such claims, fosses or damage are caused in whole or in part by the negligent acts or omissions of the CITY OF PORT ARTHUR, its employees, officers and agents. It is expressly understood and Agreement WDB 1119 - .Page 4 of > 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 expressedlimplied terms and conditions of this Agreement. G. Assignment _ Ali of -the reimbursable- items specified in the Agreement shall be pertormed 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. 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 80ARD, 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 voluhtariiy. 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 (30) days 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 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. ~ 119 - Page 5 of 7 2. Unilateral modification 6y 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 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. rThe CITY OF PORT ARTHUR shall give the U.S. DOL, Comptroiler General, General Accounting Office; Auditor of the State of Texas, d TWC, the BOARD, or other specific funding source(s), through their authorized representative, the access-to and fhe.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 may be conducted by the BOARD, TWC, State, U.S. DOL, Comptroller General of the United States, 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. Agreement WDB 1119 - - - ~ Page 6 of 7 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 this 10th day of February, 2009. Workforce Solutions - Southeast Texas Board CITY OF PORT ARTHUR, Texas By: By: Marilyn Smith Deloris Prince Executive Director Mayor of Port Arthur Agreement WDB 11 Page 7 of 7