HomeMy WebLinkAboutPR 13074: YOUTH EMPLOYMENTINTER
MEMO
To: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney /~
Subject: P. R. No. 13074 Council Meeting, March 29, 2005
Date: March 23, 2005
Attached is P.R. No. 13074 authorizing a Memorandum of
Understanding between the City of Port Arthur and the Southeast
Texas Workforce Development Board for the Summer youth Employment
Program.
MTS/ts
Attachment
cc: Assistant Director of Human Resources
Howard G. Baldwin, Jr., ACS Regional Vice President
Ira McNeil, Project Leader
ACS WORKFORCEAND CO~UNITY SOLUTIONS
304 Pearl Street
Beaumont, TX 77701
z.pr13074.memo
P. R. No. 13074
03/23/05 - ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR
AND THE SOUTHEAST TEXAS WORKFORCE DEVELOP~ENT
BOARD FOR THE S~R YOUTH EMPLOYMENT PROGRAM
WHEREAS, the City of Port Arthur deems it in the best
interests of its citizens to enter into a Memorandum of
Understanding with the Southeast Texas Workforce Development Board
for the Summer Youth Employment Program; and,
WHEP~AS, the purpose of the Memorandum of Understanding is to
establish guidelines for a cooperative working relationship between
the City of Port Arthur and the Southeast Texas Workforce
Development Board, as delineated in Exhibit "A" for nine (9)
participants.
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 Manager is authorized to sign the
Memorandum of Understanding and agreements attached hereto as
Exhibit "A" on behalf of the City.
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND A~PROVED on this day of ,
A.D., 2005, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
z.pr13074
AYES: Mayor ; City Council
;
NOES:
OSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORigEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
DR. ALBERT THIGPEN, ASSISTANT DIRECTOK OF HUMAN RESOURCES
EXHIBIT "A"
Memorandum of Understanding and Financial Agreement
Between
Southeast Texas Workforce Development Board
And
City of Port Arthur
I. Purpose
Thc purpose of this financial agreement is to outline roles and responsibilities for the working
relationship between the Southeast Texas Workforce Development Board (SETWDB) and the
City of Port Arthur. The SETWDB and the City of Port Arthur will enter into a financial
agreement/contract in order to maximize resources, reduce duplication of services and encourage
sharing of knowledge and expertise in order to assist youth with reaching their educational and
career goals through career exploration and work experience.
11. Period of Agreement
The effective date of this agreement is the date on which thc agreement is signed and shall be
effective until such parties give each other 30 days notice to terminate the agreement. Any
previous agreement will become null and void effective thc date this agreement is signed.
IlL Duties and Responsibilities
A. SETWDB through its Power Zone contractor hereby agrees to:
Coordinate activities o£ Smnmer Youth Employment and Enrichment Program with the
City of Port Arthur.
Provide the City of Port Arthur with a flyer to assist with the WIA screening process.
· Provide tours of the Power Zone for Port Arthur Smnmer Youth Employment and
Enrichment Program participants.
· Determine Workforce Investment Act eligibility for all students referred by the City o£
Port Arthur staff for services.
· Complete basic skills (Reading and Math) and interest/abilities assessments for
Summer Youth Employment and Enrichment Program participants.
· Notify the City of Port Arthur designated staff person as to whether a participant has
been selected by the Power Zone for program participation.
· Provide enrolled participants assistance with completing their educational goals,
exposure to the labor market, career exploration, and post secondary training a~ deemed
appropriate and allowable.
· Develop service plans for common clients by mid-May.
· Assist each participant with developing a resume.
· Coordinate job preparation classes with the City of Port Arthur.
Page I of 3
· Provide space to assist students based on availability with services including SAT/ACT
tutorials and career area identification.
· Coordinate services with the City of Port Arthur staffto ensure both individual and
program objectives are met.
· Assist with monitoring participants of job sites.
· Enter into contract with the City of Port Arthur to carry out Summer Youth
Employment and Enrichment Program for 9 WIA participants.
B. The City of Port Arthur agrees to:
· Identify and refer participants to the Power Zone Program for services by 4/29/2005.
Inform participants of available services through the Power Zone.
· Select 9 WIA eligible participants for participation in Summer Youth Employment and
Enrichment Program. The Summer Youth Employment and Enrichment Program will
include job preparation, job placement, and field trips for 8 weeks. Participants will
receive $5.25 an hour for 40 hours a week beginning June l, 2005through July 29,
2005.
· Maintain timesheets for all WIA participants. Timesheets must be submitted with
invoice for reimbursements.
· Agree to pay WIA eligible participants and submit an invoice for reimbursement on a
bi-weekly basis.
· Have controls in place to ensure the accuracy of participant payments are for time
actually worked. Provide copies of participant time reports with the supervisor and
participant signature with invoice for reimbursements. Failure to do so may result in
non-reimbursement of wages.
· The City of Port Arthur will submit an invoice for reimbursement of wages for all WIA
funded participants enrolled in the Summer Youth Employment and Enrichment
Program.
· Daily record of attendance is maintained and available for review.
· The total potential cost associated with this Agreement is $18, 900.00 (9 Participants at
5.25 per hour for 40 hours per week).
· Provide job preparation for all participants accepted for one to two days.
· The City of Port Arthur will notify the Power Zone staff when space is needed to be
reserved to assist students.
· Supervise WlA participants while participating in the Summer Youth Employment and
Enrichment Program.
· Provide the Power Zone with information on participant progress and/or discipline
problems and other concerns.
· Become the Worksite Supervisor for all 9 WIA eligible participants and enter into a
Worksite Agreement with Business Services Representative.
Page 2 of 3
C. Both Parties agree to:
· Identify and designate staff persons to ensure this agreement is adhered to and
amendments are made as necessary to increase its effectiveness.
Ensure appropriate staff has a working knowledge of the Summer Youth Employment
and Enrichment Program and the service delivery requirements.
· Develop procedures and a referral mechanism to carry out the services outlined within
this agreement including a billing and reimbursement process for participant wages.
· Share information that will facilitate and enhance services provided to common
participants to include assessment results, services, etc.
· Ensure the confidentiality of any information in accordance with local, state, and
federal guidelines.
· Meet periodically, at least once per quarter, with youth partners to discuss coordination
efforts.
IV. Subcontracts
Any subcontracts to fulfill the purpose of this agreement shall also be bound by the terms of this
agreement.
V. Allocation of Cost
· Each party assumes full responsibility of costs associated with their respective
facilities.
· The Power Zone will incur and pay costs associated with its staff, eligibility
determination, service plan development, assessments, incentive payments and other
training related costs that may be agreed upon between both parties.
· Coordinate procedures outlining how the City of Port Arthur will receive payment for
reimbursement for participants.
Agreed to by:
Stephen B. Fitzgibbons, City Manager Date
City of Port Arthur
Ira McNeil, Project Leader Date
Southeast Texas Power Zones
Marilyn Smith, Interim Executive Director Date
Southeast Texas Workforce Development Board
Page 3 of 3
Southeast Texas Power Zones
Payroll Administration and Reimbursement
Contract Cover Sheet
Conbact Number: I068E4)$
Type of Contract: Coat Reimbursement
Contract Period: June 1, 2005 through July 29, 2005
Funding Obligation: $18,243.27
Contractor:. Agency:
City of Port Arthur ACS Workforce and Community Solutions
P.O. Box 1089 304 Pearl Street
Port Arthur, TX 77641 Beaumont, Texas 77701
Contact Person: Dr. Albert Thigpen Contact Person: Mr. Ira McNeil
Purp(me of the Contract: To provide payroll for up to nine (9) Workforce Investment Act eligible
participants while participating in the Summer Youth Employment and Enrichment Program.
The Contractor agrees to expend Workforce Investment Act Youth program funds in accordance with the
provisions of this contract consisting of the following parts which are hereby incorporated as part of this
contract and constitute promised performance by Contractor.
Contract Cover Sheet
Component A - Statement of Work
Component B - Contract Budget
Component C - Contract General Provisions
Component D - Contract Performance
Contractor hereby acknowledges that it has read and understands this entire contract. All oral or written
agreements between the parties hereto relating to the subject matter of this contract that were made
pdor to the execution of this contract have been reduced to writing and ara contained hamin. Contractor
agrees to abide by all terms and condition specified herein and certify that ~ information provided to
the ACS is true and correct in all respects to the best of its knowledge and belief.
The obligations of ACS Woddorce and Community Solutions under this contract are expressly contingent
upon the availability of funds for such puqoose. This contract shall not be binding until expressly
appmvad by the Regional Vice President of ACS Workforce and Community Solutions.
APPROVED:
City of Port Arthur ACS Workforce and Community Solutions
Mr. Stephen B. Fitzgibbons, City Manager Mr. Howard G. Baldwin, Jr.
ACS Regional Vice President
Date Date
Contract for Payroll Reimbursement
Betwe~ City of Port Arthur (Po~t A~ur Industrial Group) and
ACS Workforce and Communily Solution~ (Southeast Texas Power Zones)
Component A: Statemmt of Work
Component A: Statement of Work
ACS Workforce and Community Selu~ons, Opemter of the Southeast Texas
Power Zone Youth Centers, and the City of Port Arthur, recipient and
administrator of funds for the Port Arthur Industrial Group, enter into this contract
for payroll distribution.
The City of Port Arthur will be administer payroll for approximately nine (9)
students referred to the Port Arthur Industrial Group Party Program by the Port
Arthur Power Zone.
The Power Zone will provide the City of Port Arthur the names and social security
numbers of the nine (9) participants that have been determined eligible for
reimbursement of payroll.
The participants will be employed by the City of Port Arthur from June 1, 2005
through July 29, 2005. A total of forty (40) hours per week is the maximum
number of hours to be worked weekly at $5.25 per hour for a total of nine (9)
weeks. The total cost of payroll including Social Security for all participants is not
to exceed $18,243.27.
The City of Port Arthur will invoice ACS Workforce and Community Solutions
every two weeks for reimbursement of the identified participant salaries. In order
to receive reimbursement, the City will ensure:
· The invoice is only for participant wages and social security, other
employee costs will be absorbed by the City of Port Arthur
· A copy of the participant tirnesheets will accompany the invoice
Invoice amount is for participant salary (actual hours worked)
· Overtime and Holiday hours paid to participants are not submitted for
reimbursement.
· Provide copies of timesheets and the payroll ledger to include
participants names, social security numbers and hours worked during
the billing period
The total cost of the entire reimbursement will not exceed $18,243.27.
Co~tract # 1068E-05 Page 2 Of 20
Co~lract for Payroll Reimbursement
Betwee~ City of Port Ar~ur (Port Arthur lnduslfial Group) and
ACS Workforce and Community Solutions, (Southeast Texas Power Zones)
Component B: Budget
Budget Amounts
Salary Per Participant $2027.03
$5.25 per hour x 40 hours per week x 9 weeks
Social Security 7.25% x $1890.00
Total Cost $18,243.27
(Based on 9 participants and includes Social Security)
Contract # 1068E.O5 Page 3 of 20
Contract for Payroll Reimbursement
Between City of Port Arthur (Port Arthur laduslrial Group) and
ACS Workforce and Commuaily Solutions, (Southeast Texas Powa' Zones)
Component C: General Contract Provisions
Component C: General Contract Provisions
PART I. INTRODUCTION & CONDITIONS PRECEDENT
SECTION 1. Partle~ to Contract
This Contract is made and entered into by and between ACS Work*force and
Community Solutions, hereinafter referred to as "ACS" and the City of Port
Arthur, hereinafter referred to as "CONTRACTOR". The Parties hereto have
severally and collectively agreed and by the execution hereof are bound as per
the terms and conditions of this Contract to the mutual obligations and to the
performances and accomplishment of the tasks described in this Contract.
SECTION 2. Contract Period
A. This contract will begin June 1, 2005 and shall be effe~ve until August 31,
2005. The reimbursement of funds should be complete approximately 60
days after the end of the program.
B. The parties hereto agree and understand that each of them may execute this
contract on different dates, but hereby acknowledge that the effective date of
this Contract when fully executed by both parties shall be June 1, 2005.
SECTION 3. Leaal Authority
A. The Power Zone is funded via the Southeast Texas Workforce Development
Board (subsequently referred to as SETWDB), which is responsible for
administering an integrated workforce delivery system for the Southeast
Texas Area, including job training, employment, and employment related
educational programs, and is authorized to the Power Zone for service
delivery.
B. CONTRACTOR wermnts and represents to ACS WORKFORCE AND
COMMUNITY SOLUTIONS that it possesses the legal authority pursuant to
an official motion, resolution or action passed or taken by its managing
Partner(s), Board of Directors, or other governing body or person(s), giving
CONTRACTOR legal authority to enter into this Contract, to receive the funds
fully authorized by this Contract, and to per[orm the services CONTRACTOR
has obligated itself to perform under this Contract including any subsequent
Contract amendments or modifications made in accordance with Part V,
Section 3, below.
C. The individual person signing this Contract on behalf of CONTRACTOR
hereby warrants and represents that he/she has been fully authorized by
CONTRACTOR to execute this Contract on behalf of said CONTRACTOR
Contract # 1068Eq35 Page 4 of 20
Contrac~ fur Payroll Reimbursement
Between City of Port A.r~ (Pe~t Arthur Indusa'ia[ Group) and
ACS '~/otkforce and Commua'~y Solutions, (Southeast Texas Pow~
Cempanem C: Ge~end Ce~:t Provisie~s
and to validly and legally bind the CONTRACTOR to any and all the terms,
performances and provisions set forth in this Contract.
D. The parties hereto expressly agree that this Contract shall not be legally
binding or enforceable unless and until ACS Workforce and Community
Solutions designated representative has executed said Contract.
SECTION 4. Conditions Precedent
A. W'~hin 10 days of commencement of activities under this Contract,
CONTRACTOR shall provide a certificate of insurance certifying that
CONTRACTOR carries the insurance coverage described below with a
cempany licensed to do business in the State of Texas or show evidence the
company is self-insured. This insurance coverage shall remain in force during
the life of this Contract. CONTRACTOR shall carry Workers' compensation or
a comparable insurance with statutory limits in compliance with the law or
laws of the state or states in which employees are hired or will work and
employer's liability insurance with minimum limits of $1,000,000.
B. Prior to execution of this Agreement, CONTRACTOR shall submit to ACS
Workforce and Community Solutions, a certificate of insurance evidencing the
insurance required under this Agreement, together with cenfirmation that all
premiums due have been paid. ACS Workforce and Community Solutions
shall be named as a certificate holder for said insurance policies.
C. All insurance required under this Agreement shall be with companies
reasonably satisfactory to ACS Workforce and Community Solutions and
authorized to do business under the laws of the state where Services are
performed. ACS WORKFORCE AND COMMUNITY SOLUTIONS shall be
granted a waiver of subrogation.
D. Debarment & Suspension
1. CONTRACTOR shall comply with the Federal regulations implementing
Executive Order 12549, Debarment and Suspension 29 CFR Part 98, and
in doing so has provided to ACS WORKFORCE AND COMMUNITY
SOLUTIONS, pdor to its signature and execution of this Contract and prior
to ACS WORKFORCE AND COMMUNITY SOLUTIONS execution of this
Contract, a certification that neither CONTRACTOR, nor its principals, are
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by
any Federal depa~[.,.~nt or agency.
2. Additionally, the CONTRACTOR shall cemply with this regulation and
requirement with regards to its Subcontractors or Assignees. It shall
co~,b-~--t # 1068E-05 Page 5 c~ 20
Conlra~t for Payroll Rcimbum:mcnt
Between City of Port Arthur (Port Arihur hduslrial Group) and
ACS ',Nonkfotce ~ Commun~ ~olutions, (~utheast Texas Pove~ Zones)
C~nponent C: Ga~ral Con,act Provisions
ensure and require the same certification from its Subcontractors(s) or
Assignees, which shall be forwarded to ACS WORKFORCE AND
COMMUNITY SOLUTIONS along with the notification of assignment or
Subcontract as required by Part IV, Section 4, of this Contract.
PART II. GENERAL PROGRAM SERVICE
SECTION t. Program Component~
A. Standards of Work/Quality of Training & Services
CONTRACTOR agrees and understands that the perforrnanca of work and
services pursuant to the requirements of this Contract shall conform to the
highest possible professional standards in every phase of the conduct of its
work, including but not limited to the following requirements:
1. Proper record keeping and reporting is required in order to reimburse any
funds in accordance with the contract and the Memorandum of
Understanding.
2. Providing to ACS Workforca and Community Solutions copies of Payroll
Ledgers and individual flmesheets identifying each participant name and
the amount of money paid during the employment period. This
information should be submitted with payment invoices.
3. Maintaining appropriate controls to ensure all expenditure of funds are
tracked appropriately and reimbursement requested timely
PART III. METHOD AND TIME OF PAYMENT
SECTION '1. Request for Reimbumement of Unexpended Funds
A. Cost Reimbursement Contract
CONTRACTOR must submit requests twice a month for reimbursement
based on its actual and allowable expenditures for participant wages.
· Copies of participant timesheets and payroll ledgers will be submitted with
invoices for payment.
· Wages to be reimbursed are only for Power Zone identified participant
salaries.
Contract # 1068E-05 Page 6 of 20
Contract for Payroll Reimbursement
Between City of Port Arthur (Port Arthur Induslrial Group) and
ACS Workforce and Commtmity Solutions, (Southeast Texas Power Zones)
.q..omjx~em C: 0m~ral Comraa Provisims
B. Requests for Payment/Payment Due Dates
Request for payment may be made within fourteen (14) days after each pay
date. Once payment is received the check will be made payable to the
CONTRACTOR within two weeks after invoice is received and verified.
SECTION 2. Withholding and Recapture
A. Recapture of Payment
ACS WORKFORCE AND COMMUNITY SOLUTIONS shall retain the right to
recover funds after fully considering the recommendation of independent
auditors on disallowed costs/payments resulting from any audit. Further,
notwithstanding any exercise of termination by ACS, CONTRACTOR shall
remain liable of any breach of Contract and ACS may withhold payments
requested until such time as any damages due ACS have bccn determined,
and may offset any amounts due CONTRACTOR by mutual agreement or as
required to ensure full compliance by CONTRACTOR on al of the terms of
this Contract.
B. Recapture of Excess Payment
Any payment by ACS WORKFORCE AND COMMUNITY SOLUTIONS to
CONTRACTOR in excess of the approved, actual, and allowable
expenditures incurred by CONTRACTOR as a result of activities specified
within this Contract shall be reported and returned to ACS WORKFORCE
AND COMMUNITY SOLUTIONS.
SECTION 3. Unilateral Budgetary Adjustments
A. ACS WORKFORCE AND COMMUNITY SOLUTIONS shall not be liable to
CONTRACTOR for payment under this Contract which exceeds the amounts
specified. ACS WORKFORCE AND COMMUNITY SOLUTIONS, from time to
time, may provide written notification to CONTRACTOR in the form of a letter
contract, unilateral amendment, or a bilaterally executed Contract amendment
which shall serve to obligate additional funds under this Contract.
B. CONTRACTOR expressly agrees and understands that ACS WORKFORCE
AND COMMUNITY SOLUTIONS does not have ultimate control over its state
and federal funding sources, and that sudden changes may occur in relation
thereto, and therefore amounts otherwise to be set aside to CONTRACTOR
may suddenly and unilaterally be reduced if ACS WORKFORCE AND
COMMUNITY SOLUTIONS does net receive the amount of funding it had
anticipated or if for any other reason, ACS WORKFORCE AND COMMUNITY
SOLUTIONS determines, in its sole discretion, that budgetary changes are
Contract # 1068E-O5 Page 7 of 20
Conlract for Payroll Reimbursement
Between City of Port Arthvx (Pon Arthur laduarial Group) and
ACS Workfor~ and Commun~ Solutions, (South~zt T~xas Pow~ Zo~)
Component C: Gmeral Conga Provisions
needed or deemed desirable in order for ACS WORKFORCE AND
COMMUNITY SOLUTIONS to successfully carry out its overall objectives. In
this regard, ACS WORKFORCE AND COMMUNITY SOLUTIONS also
reserves the dght to reduce, or cancel Contract funding (as specified in Part
V, below) whenever ACS WORKFORCE AND COMMUNITY SOLUTIONS
determines, in its sole discretion, that budgetary changes are needed or
desirable in order for ACS WORKFORCE AND COMMUNITY SOLUTIONS to
successfully carry out its overall programmatic objectives. ACS
WORKFORCE AND COMMUNITY SOLUTIONS reserves the dght to
increase Contract amounts subject to CONTRACTOR acceptance if funds
become available and if it is in the best interest of ACS WORKFORCE AND
COMMUNITY SOLUTIONS.
C. Such notificafion(s)/amandments, if any, will specify ACS WORKFORCE AND
COMMUNITY SOLUTIONS maximum obligations to CONTRACTOR and the
effective date of such notification/amendment.
SECTION 4. Non-duplication of Payment
CONTRACTOR shall repay to ACS WORKFORCE AND COMMUNITY
SOLUTIONS, any funds found to have been paid to CONTRACTOR for the same
service or property Eom any funds other than this Contract. In the case of
duplicate payments, the CONTRACTOR shall reimburse any duplicate payments
made to CONTRACTOR or participants. Additionally, ACS WORKFORCE AND
COMMUNITY SOLUTIONS reserves the dght to withhold payments requested by
CONTRACTOR, to offset duplicate payments previously made which were
improper or unauthorized.
PART IV. LIMITATION ON LIABILITY
SECTION 1. Measure of Liability
1. ACS WORKFORCE AND COMMUNITY SOLUTIONS shall not be liable to
CONTRACTOR for costs incurred or performances rendered by
CONTRACTOR other than the salades of up to 10 students that have
been identified by the City of Port Arthur and ACS staff.
2. ACS WORKFORCE AND COMMUNITY SOLUTIONS shall not be liable
for any allowable costs propedy incurred, by CONTRACTOR in the
performance of this Contract which have not been billed to ACS
WORKFORCE AND COMMUNITY SOLUTIONS within sixty (60) calendar
days following termination of Mis Contract.
Contract # 1068E-05 Page 8 of 20
Conffact for Payroll Reimbursement
Between C~ of Port Arthur (Port Arthur Industrial Group) and
ACS Wor~force a~d Commun~ Solmion~, {So~thez~ Texas Power
Component C: General CXnlhact Provisions
3. CONTRACTOR understands and agrees that it shall be liable to repay to
ACS WORKFORCE AND COMMUNITY SOLUTIONS, within twenty (20)
calendar days of notice of repayment, any amounts expended under this
Contract found not to be in accordance with Contract provisions, including,
but not limited to, disallowed costs. Such repayment shall be from non-
federal funds.
SECTION 2. Indemnification
A. CONTRACTOR shall indemnify, save an hold harmless from any claims or
losses or damages to property and/or resulting loss of usa thereof and from
any loss or damage arising from bodily injury, including death, to the extent
that such claims, losses or damage are caused in whole or in part by the
negligent acts or omissions of the CONTRACTOR, its employees, officers
and agents, or its Contractors.
B. CONTRACTOR agrees (1) to the extent permitted by law, to indemnify and
hold harmless the U.S. DOL, TWC, the Southeast Texas Workforce
Development Board, ACS WORKFORCE AND COMMUNITY SOLUTIONS,
or any other applicable specific funding source(s), material losses accruing or
resulting to CONTRACTOR, and to any and all subcontractors, persons,
laborers, and any other persons, firms or corporations, furnishing or supplying
work, services, materials, or supplies in connection with the performance of
this Contract, and from any and all claims and losses accruing or resulting to
any persons, firms or corporations which may be injured or damaged by
CONTRACTOR in the performance of this Contract.
SECTION 3. Independent CONTRACTOR
In the execution of this Contract and rendering of services prescribed by this
Contract:
A. CONTRACTOR shall maintain at all times its independent status;
B. No provision of this Contract, act of CONTRACTOR in the performance of
this Contract, or act of ACS WORKFORCE AND COMMUNITY
SOLUTIONS in the performance of this Contract, shall be construed as
making CONTRACTOR the agent, servant or employee of ACS
WORKFORCE AND COMMUNITY SOLUTIONS;
C. Except as designated in writing by ACS WORK, FORCE AND
COMMUNITY SOLUTIONS, employees of CONTRACTOR are not
employees of ACS WORKFORCE AND COMMUNITY SOLUTIONS since
(1) employees are subject to exclusive control and supervision of
ConUact # 1068E-05 Page 9 of 20
Contract for Payroll Reimbursement
Between City ofPo~t Arth~ (Port Arthur [ndus~ial Group) and
ACS W0rkforce and Commm'lily So}~tions, (Sot~theas~ Texas Power Zones)
C~apo~e~t C: General Con~act Provisions
CONTRACTOR; and (2) CONTRACTOR is solely responsible for
employee payrolls and claims arising there from.
SECTION 4. Assignment/Subcontracting
A. CONTRACTOR shall, prior to assigning or subcontracting any provision of
this Contract, ensure that a written request has been provided to ACS
WORKFORCE AND COMMUNITY SOLUTIONS and written permission
granted by ACS WORKFORCE AND COMMUNITY SOLUTIONS. No
assignment or subcontract shall be considered binding without such prior
written request and approval by ACS WORKFORCE AND COMMUNITY
SOLUTIONS.
B. Any of the work or services specified in the Contract which shall be
performed by other than CONTRACTOR shall be evidenced by a written
contract specifying the terms and conditions of such performance.
CONTRACTOR shall maintain and adhere to an appropriate system,
consistent with federal, state, and local laws.
C. CONTRACTOR shall ensure that the performances rendered under all
assignments or subcontracts are rendered so as to comply with all the
terms and provisions of this Contract as if the performances rendered
were rendered by CONTRACTOR. Assigning or subcontracting of this
Contract shall not relieve CONTRACTOR from any of its obligations or
liabilities under this Contract. CONTRACTOR shall bear full responsibility
for performance under all subcontracts.
D. CONTRACTOR, in assigning or subcontracting any of the performances
hereunder, expressly understands that in entering into such subcontracts
ACS WORKFORCE AND COMMUNITY SOLUTIONS is in no way liable
to CONTRACTOR'S subcontractor(s) or assignee(s).
PART V. CONTRACT CESSATION AND AMENDMENT
SECTION 1. Termination
CONTRACTOR acknowledges that this Contract may be terminated by ACS
WORKFORCE AND COMMUNITY SOLUTIONS under the following
circumstances:
A. Termination for Cause
1. ACS WORKFORCE AND COMMUNITY SOLUTIONS may terminate this
Contract, in whole or in part, for breach of any term, condition, and
Contract # 1068E-05 Page 10 of 20
Contract for Payroll Reimbursement
Between City of Port Arthur (Poet Arthur Indus~ial Group) and
ACS Workforce and C~amua~ Solutions, (Southeast Texaa Pover Zones)
Component C: Gmera! Conm~
obligation of the Contract by the CONTRACTOR as provided for and more
fully described in Part V, Section D, below. In the event of such
terminations, all compensation to CONTRACTOR under this Contract
shall cease pending completion of a final Contract Closeout Report and
any closing audit required by ACS WORKFORCE AND COMMUNITY
SOLUTIONS. Such termination shall not be an exclusive remedy but shall
be in addition to any other dghts, sanctions and remedies provided by law
or under this Contract.
2. Any of the following actions may, among other types of actions, constitute
cause for termination by ACS WORKFORCE AND COMMUNITY
SOLUTIONS:
a) If CONTRACTOR, its employees, agents, or any of its representatives
has committed any fraud or made any false statement to ACS
WORKFORCE AND COMMUNITY SOLUTIONS in connection with
this Contract, or has committed fraud or made any false statement in
connection with any State or Federally funded/assisted Contract or
program;
b) If CONTRACTOR fails to perform its obligations in a timely and proper
manner or violates any obligation under this Contract er under any
other Contract funded/assisted by ACS WORKFORCE AND
COMMUNITY SOLUTIONS;
c) If CONTRACTOR has demonstrated any intention not to perform or to
violate any obligation under this Contract or any other Contract
funded/assisted by ACS WORKFORCE AND COMMUNITY
SOLUTIONS under TWC funding;
3. In the event of such Termination for Cause, CONTRACTOR shall cease to
incur costs under this Contract upon termination or receipt of written notice
to Terminate, whichever occurs first.
B. Termination for Convenience
ACS WORKFORCE AND COMMUNITY SOLUTIONS reserves the dght to
terminate this Contract for convenience, in whole or in part, at any time it
determines that continuation of the activity or program(s) funded by this
Contract would not produce beneficial results commensurate with further
expenditure of funds, or when it is in the best interest of ACS WORKFORCE
AND COMMUNITY SOLUTIONS.
Co~-act # 1068E-05 Page 11 of 20
Contract for Payroll R¢imburse~neat
Beaten City of Port Arthur (PoR Arthur h~strial Group) and
ACS Workforce and Comm~ity Solutiom, (Southeast Tex~ Power Zones)
Component C: Omeral ConUact P~ovisions
C. CONTRACTOR Termination of Contract
In the event CONTRACTOR is unable to perform its obligations under this
Contract, the Termination and Closeout procedures described in this Part V,
Section 1, and 2, respectively, shall govern, and CONTRACTOR shall send a
written notice of such non-performance postmarked no less than twenty (20)
calendar days prior to the effective date of such proposed action. ACS
WORKFORCE AND COMMUNITY SOLUTIONS shall have the right to
voluntarily terminate the Contract or to seek such legal remedies as may be in
the best interest of ACS WORKFORCE AND COMMUNITY SOLUTIONS.
D. Action Prior to Termination
Notwithstanding Part V, Section 1, A. 4, above, ACS WORKFORCE AND
COMMUNITY SOLUTIONS, no less than five (5) days prior to sending its
written Notice of Termination to CONTRACTOR under (A) above, shall notify
CONTRACTOR in writing of the stated cause(s) for such termination and the
intent to terminate said Contract.
SECTION 2. Suspension
In lieu of termination ACS WORKFORCE AND COMMUNITY SOLUTIONS may,
at its sole discretion, immediately suspend the Contract with written notice, in
whole or in part, pending corrective action or pending decision to terminate.
SECTION 3. Contract Amendments
A. Unilateral Amendments
1. In the event of termination, suspension, or reduction of any of the State
or Federal funds under which this Contract is funded, this Contract
shall be reduced to the level of funds available or suspended until
further notice or may be terminated by ACS WORKFORCE AND
COMMUNITY SOLUTIONS.
2. Unilateral modification by ACS WORKFORCE AND COMMUNITY
SOLUTIONS of any of the terms of this Contract may occur in cases of
material changes in the financial or other condition of the
CONTRACTOR, non-compliance, unreasonable delays, non-
performance, or under-performance on the part of the CONTRACTOR
in fulfilling its obligations under this Contract.
3. It is expressly understood and agreed by the parties hereto that at all
times this Contract must be in compliance with the rules and
interpretations of applicable laws and regulations as determined by
the United States Depad, oent of Labor, the TVVC, and/or ACS
Contract# 1068E-05 Page 12 of 20
Con~ract for Payroll Reimbursement
Between City of Port Arthur (Po~t Arthtz lndusU'ial Group) and
ACS ~Vorkfor~e and Community Solutions, (Southeast Texas ?over Zones)
Compon~t C: C, meml Co~,~:~ Provisions
WORKFORCE AND COMMUNITY SOLUTIONS; and that unilateral
amendments, changes, interpretations, and clarifications of terms
central to this Contract will be made by ACS WORKFORCE AND
COMMUNITY SOLUTIONS throughout the Contract period in order to
ensure full compliance with all applicable laws and regulations
governing this program.
4. Any alterations, additions, or deletions to the terms of any part of this
Contract which are required by changes in Federal or State law or
regulations, or by TWC issuance, are automatically incorporated into
this Contract with written amendment hereto, and shall become
effective on the date designated by such law, regulation or issuance.
PART VI. ASSURANCES AND CERTIFICATIONS
SECTION 1. Notices/Communication
A. Any notice, request or demand required or permitted to be given hereunder
by either party to the other shall be effected either by personal delivery in
writing or by U. S. mail, courier service, or telecopy with applicable verification
of date and time initiated, and delivered to the last registered address of
either party and such notice will be deemed to be legally effective irrespective
of any change in location of CONTRACTOR.
B. Mailed notices shall be addressed to the parties at the addresses appearing
below, but each party may change its address by written notice in accordance
with this section. Notices delivered personally shall be deemed
communicated as of actual receipt. Mailed notices shall be deemed
communicated as of three (3) days after mailing or verified receipt whichever
is earlier.
Official Mailing Address for ACS WORKFORCE AND COMMUNITY
SOLUTIONS:
Ira L. McNeil, Project Leader
ACS Workforca and Community Solutions
320 Pearl Street, Suite 300
Beaumont, Texas 77701
(409) 839-8045, Ext. 308
Contract # 1068E-05 Page 13 of 20
Contra~t for Payroll Reimbursement
lknw~ City of Port Arthur (Port Arthur Industrial Group) and
ACS Workforce and Comtntmk'y Solutions, (Southeast Texas Power Zones)
Compo~a~t C: 6m~l Co~lrsa Provislo~s
Official Mailing Address for CONTRACTOR:
City of Port Arthur
Attn: Mr. Stephen B. Fitzgibbons
P.O. Box 1089
Port Arthur, TX 77641
(409) 9838210
SECTION 2. Program Participation
A. CONTRACTOR agrees that services provided under this Contract are to be
provided to WIA eligible persons as defined by Federal and State Rules and
Regulations, the TWC, and other specific funding source(s) for this Contract
and ACS WORKFORCE AND COMMUNITY SOLUTIONS plans for service
deliver.
SECTION 3. Reeponaible CONTRACTOR
A. CONTRACTOR guarantees that it is responsible and possesses the ability to
perform successfully under the terms and conditions of this Contract, that it
has adequate financial and technical resources or the ability to obtain such
resources as required during the performance of this Contract and that it has
the administrative capability and competence necessary to carry out the
terms and conditions of this Contract exactly as specified. The
CONTRACTOR is responsible to inform ACS WORKFORCE AND
COMMUNITY SOLUTIONS immediately of any changes in their resources or
stability which would possibly have an adverse effect on their ability to fulfill
the contractual responsibilities. Additionally the CONTRACTOR assures ACS
WORKFORCE AND COMMUNITY SOLUTIONS that its performance under
the terms and conditions of this Contract will be in accordance with highest
integrity and business ethics. If ACS WORKFORCE AND COMMUNITY
SOLUTIONS determines at its sole discretion that the CONTRACTOR is not
responsible, that it does not possess the administrative, financial, and/or
technical resources and capabilities necessary to successfully perform under
the terms and conditions of this Contract, it shall terminate this Contract.
SECTION 4. Federal/State Obligations
It is expressly understood and agreed that neither the U.S. DOL, nor TVVC, are
parties to this Contract and no legal liability shall attach to the part of the U.S.
DOL or TVVC by the expressed/implied terms and conditions of this Contract.
Contract # 1068E-05 Page 14 of 20
Conlract for Payroll Reimbursement
Betw~n City of Po~t Arthur (Port ~ ~1 ~p) ~
ACS W~f~ ~ ~ ~l~i~ (~ Te~ P~ ~)
SECTION 5. Accessibility of Records
A. CONTRACTOR shall give the U.S. DOL, Comptroller General, General
Accounting Office, Auditor of the State of Texas, TWC, Southeast Texas
Workforce Development Board, ACS WORKFORCE AND COMMUNITY
SOLUTIONS, or other specific funding source(s), through their authorized
representative, the access to and the dght to examine all records, books,
papers, or documents requested in relationship to this contract.
B. CONTRACTOR agrees to cooperate with any monitoring inspections, audit,
or investigation of activities related to this Contract as may be conducted by
ACS WORKFORCE AND COMMUNITY SOLUTIONS, SETWDB, TWC,
Auditor of the State of Texas, U.S. DOL, Comptroller General of the United
States, and any other specific funding source(s) for this Contract, or their duly
authorized representatives. CONTRACTOR agrees to make available for
examination any and all records requested regarding this contract 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 contracts,
invoices, materials, records of personnel, conditions of employment, and all
other data requested.
C. Such access shall be granted dudng regular office hours of the
CONTRACTOR with or without previous announcement and shall include
provisions by the CONTRACTOR of suitable workspace for such monitoring,
inspection, audit, or investigation to be conducted.
SECTION 6. Equal Opportunity Compliance and Assurance
A. The conduct of the parties to this contract shall be in accordance with the
provisions of the following laws, and with all applicable Rules and Regulations
promulgated there under, as they may apply to the specific program or activity
under this Contract:
· Title VI and VII of the Civil Rights Act of 1964, as amended;
· Section 504 of the Rehabilitation Act of 1973, as amended;
· Title IX of the Education Amendments of 1972, as amended;
· The Age Discrimination Act of 1975, as amended;
· Americans with Disabilities Act, as amended;
· Non-traditional Employment for Woman ACt of 1991;
· the assurances required for WIA programs pursuant to 29 CFR 37
B. In addition, dudng the performance of this Contract, the TWC, SETWDB, ACS
WORKFORCE AND COMMUNITY SOLUTIONS, CONTRACTOR, and its
Subcontractors will not deny the Contract's benefits to any person on
basis of religion, color, race, national origin, sex, age, physical or mental
Contract # 1068E-05 Page 15 of 20
Contract for Payroll Reimbursement
Betwe~ City of Port Arthur (Port Adaur Industrial Group) and
ACS Wollk[ol't~ al'Id Col~mfty Solutions, (Southeast Texas Power 2roes)
Component C: General Corrffact Provisions
disability, nor will they discriminate unlawfully against any employee or
applicant for employment because of race, religion, color, national odgin,
physical or mental disability, temporary medical condition, age or sex. The
CONTRACTOR shall insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination.
PART VII. GENERAL PROVISIONS
SECTION 1. Copyrights
If this Contract results in a book or any other form of copyrightable material, the
author is free to copyright the work, but ACS WORKFORCE AND COMMUNITY
SOLUTIONS reserves a royalty-free, nonexclusive and irrevocable right to
reproduce, publish or otherwise use, and to authorize others to use the work for
government purposes.
SECTION 2. Patents
A. CONTRACTOR shall indemnify ACS WORKFORCE AND COMMUNITY
SOLUTIONS, SETWDB, and TWC, and their officers, agents and employees
against liability, including costs, for infringement of any Unites States patent
(except a patent issued upon an application that is now or may hereafter be
withheld from issue pursuant to a Secrecy Order under 35 U.S.C.p. 181)
arising out of the manufacture or delivery of supplies, the performance of
services, or the construction, alteration, modification, or repair of real property
under this Contract, or out of the use or disposal by or for the account of ACS
WORKFORCE AND COMMUNITY SOLUTIONS, SETWDB, or TWC of such
supplies or construction work.
B. With respect to any invention resulting from this Contract, in which the
CONTRACTOR retains title, ACS WORKFORCE AND COMMUNITY
SOLUTIONS, SETWDB and TWC shall have a nonexclusive, non-
transferable, irrevocable, paid-up license to practica or have practiced the
subject invention throughout the world.
SECTION 3. No Waiver
A. No Waiver of Rights
ACS WORKFORCE AND COMMUNITY SOLUTIONS waives no dghts,
claims, or causes of action arising under this Contract by:
1. payment of ACS WORKFORCE AND COMMUNITY SOLUTIONS
disbursements;
Contract # 1068E-05 Page 16 of 20
Co~Uact for Payroll Reimbursement
Between City ofPor~ Arth~ (Port Arthur lndus~al Group) and
ACS ~Vo~kfo~ce ~1 Community Solutions, (~heas~ Texas Pov~ Zone~)
Comlx~em C: Genera! ~ Provisions
2. acceptance of unused fund balance or
3. termination of this Contract.
B. Non-Waiver of Remedies
ACS WORKFORCE AND COMMUNITY SOLUTIONS' exercise or non-
exercise of any remedy, right, or provision stated in this Contract shall not
constitute a waiver of any such right to exercise that or any other right or
remedy at any subsequent time.
SECTION 4. Non-A~signment
This Contract is not assignable. Notwithstanding any attempt to assign the
Contract shall not constitute a waiver of any such right to exercise that or any
other right or remedy at any subsequent time.
SECTION 5. Sevembility
All parties hereto agree that should any provision of this Contract be determined
to be invalid or unenforceable, under present or future laws effective during the
term of this Contract, such determination shall not affect the legality, validity, and
enforceability of the remaining terms and provisions of this Contract which shall
continue in full force and effect.
SECTION 6. Governing Law
This Contract 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 7. Entire Contract
This Contract and signed copies of Memoranda of Understanding and Work Site
,~reementJContract constitutes the entire Contract between the parties hereto.
All other oral or written agreements relating to the subject matter of this Contract
between the CONTRACTOR and ACS WORKFORCE AND COMMUNITY
SOLUTIONS have been supemeded, reduced to writing, and are merged herein
and it is expressly agreed and understood that no future, oral agreements,
representa'dons or modifications shall have any legally binding effect unless and
until reduced to writing and executed by both parties except for unilateral
adjustments/amendments referred to in Part III and Section 3. and Part V,
Section 3. above.
Contract# 1068E-05 Page 17 of 20
Contract for Payroll Reimbursement
Between City of Port Arthur (Port Ar&u~ Industrial Group) and
ACS Workforce and Community Solutions, (Southeast Texas Power Zones)
Component C: C~e~al Conlract Provisioos
SECTION 8. Other Gensml Provisions
A. Force Majeure: No liability or loss or rights hereunder shall result to either
party from delay or failure in performance (other than payment) caused by
force majeure, that is, circumstances beyond the reasonable control of the
party affected thereby, including, without limitation, acts of God, fire, flood,
war, compliance with laws or regulations, strikes, lockouts or other serious
labor disputes, or shortage of or inability to obtain material or equipment.
B. Mediation: The parties shall enter into mediation to resolve any dispute
arising under or related to this contract. The par'des shall mutually agree off
the selection of an independent mediator.
C. Right to Appeal: Except as otherwise provided in this Contract or by law,
ACS shall have the right to appeal any dispute arising under or related to this
contract which is not disposed by agreement by pursuing any right or remedy
which the parties may have at law or in equity in any United States court of
competent jurisdiction. Pending resolution of any dispute, ACS shall proceed
diligently with the performance of work, including delivery of items and
services in accordance with the Agency's direction.
D. Law Of the Contract: This contract shall be construed, interpreted, and
applied in accordance with the laws of Texas, excluding its choice of law
E. Severability: If any of the provisions of this contract shall contravene or be
invalid under the laws of the United Stated, such contravention or invalidity
shall not invalidate the whole contract, but is shall be construed as if not
containing the particular provisions held to b invalid, and the rights and
obligations of the parties shall be construed and enforced accordingly and the
Agency and the CONTRACTOR shall endeavor to agree on a mutually
acceptable alternative provision.
F. Order of Precedence: To the extent of any inconsistency between the
provisions of clauses in the contract, the Statement of Work, attachments,
and other specifications or provision which are a part of this Contract, the
following order of precedence shall apply:
First: Part C - General Contract Terms (excluding Statement of Work and
any paris, and any other attachments to this contract): then
Second: Part A - Statement of Work, including attachments; then
Third: Any other pert attached or incorporated by reference to this
Contract.
C~,~t # 1068E-05 Page 18 of 20
Contract for Payroll Reimbursement
Between City of Po~t Arthur (Port Arthur Industrial Group) and
ACS Wo~kforce and Community Solutions, (Southeast Texas Power Zones)
C~mponent C: Gmeral Contract Provisions,
Notification: Any notice required by either party out of this Contract shall be
by certified mail, addressed to the signatories of the Contract.
Contract# 1068E~05 Page 19 of 20
Con,ncr for Payroll Reimbursement
Betwe~a City of Port Arthur (Port Arthur InctuslrialGtoup) and
ACS Wock~ce and Community Solutions, (~ath~ Texas Power
~'r~n[~one~t D: Performmace
Component D: Performance Outcomes
Process payroll for up to nine (9) WIA funded PARTY participants.
. Ensure payment amounts are correct for all WIA funded participants.
. Invoice for payment every two weeks after the first payroll period.
· Ensure all invoicing is complete by September 15, 2005.
Contract it 1068E-05 Page 20 of 20