HomeMy WebLinkAboutPR 13527:SUMMER YOUTH PROGRAM City of Port Arthur
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager DATE: 05/25/06
FROM: Dr. Albert T. Thigpen, Interim Director of Parks and Recreation ~
RE: Adoption of Proposed Resolution 13527 which authorizes a Contract with the Texas
Workforce Centers/PowerZone of Southeast Texas for the Operation
Of the Summer Youth Employmem and Enrichment Program
COMMENT
Recommendation
I recommend the adoption of Proposed Resolution No. 13527 which authorizes a Comract
with the Texas Workforce Centers/PowerZone of Southeast Texas for the Operation Of the
Summer Youth Employment and Enrichmem Program.
Background:
The Port Arthur Summer Jobs Partnership Program is an on-going collaborative effort of the
Port Arthur Industrial Group, City of Port Arthur. and the Texas Workforce
Cemers/PowerZone. The progrmn is designed to he an employmem and enrichmem program
for high school juniors and graduating seniors. Program interns are placed at worksites in
local industry, City administrative departments, and local businesses. Interns also participate
in professional and personal development activities.
Budgetary/Fiscal Effect:
The Texas Workforce Centers/PowerZone of Southeast Texas provides funding for ten (10)
interns ~n the amount of $ 19.240.20 Adoption of this resolution would authorize
acceptance of said funds the previously discussed purpose.
Employee/Staff'mg Effect:
No anticipated effect on staff'mg levels.
Summary:
I recommend the adoption of Proposed Resolution No. 13527 which authorizes a Contract
with the Texas Workforce Centers/PowerZone of Southeast Texas for the Operation Of the
Summer Youth Employmem and Enrichment Program.
P. R. No. 13527
05/31/06 TMA
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT WITH THE
TEXAS WORKFORCE CENTERS/POWERZONE OF SOUTHEAST
TEXAS FOR THE OPERATION OF THE SUMMER YOUTH
EMPLOYMENT ~ ENRICHMENT PROGRAM
Wq{EREAS, the Texas Workforce Centers/Powerzone of Southeast
Texas desire to provide educational and employment opportunities
for the citizens of Port Arthur; and
WHEREAS, the Texas Workforce Centers/Powerzone of Southeast
Texas desire to fund a youth employment program for rising and
graduating high school seniors of Port Arthur; and
WHEREAS, this agreement is between the Texas Workforce
Centers/Powerzone and the City of Port Arthur; and
WHEREAAS, the Southeast Texas Workforce Center/Powerzone will
administer this work activity with funds provided through the
Workforce Investment Act of 1998 (WIA Adult, Dislocated, and
Youth), and/or the Temporary Assistance for Needy Families (TANF)
programs; and,
WHEREAS, the effective date of this agreement is for the
period beginning on June 1, 2006 and ending of July 31, 2006; and,
WHEREAS, the City of Port Arthur finds the aforestated goals,
programs and funding to reflect the tangible commitment of the
consortium to the betterment of the quality of life for citizens of
Port Arthur; and
WHEREAS, the City of Port Arthur deems it prudent and
appropriate to continue to assist the Southeast Texas Workforce
Center/Powerzone in providing these opportunities to its citizens,
in substantially the same form as delineated in the agreement
attached hereto as Exhibit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and oplnlcna in the preamble are
true and correct.
Section 2. That the City Council of the City of Port Arthur
commends the Southeast Texas Workforce Center/Power Zone for its
efforts in providing educational, employment and enrichment
opportunities to is citizens.
Section 3. That the funding will be provided in the amount
of $19,240.20 to underwrite the operation of a youth employment and
enrichment program for ten (10) students who reside in the City of
Port Arthur.
Section 4. That the City of Port Arthur will administer
said youth employment support from the Advisory Group's SLummer Jobs
Workshop and the City of Port Arthur will advise said group
relative to program participants, the structure of the program and
the application procedures.
Section 5. That the City of Port Arthur, as part of the
administration process, will maintain oversight over all program
participant, partners, and site supervisors to effectuate optimal
program results.
Section 6. That the City of Port Arthur, as part of the
administration process and in conformance with consortium goals,
will give preference to students residing within the 77640 zip
code.
Section 7. That the City of Port Arthur will provide to
the consortium a written report on the program no later than forty-
five (45) days after the end of the program
Section 8. That this contract may be amended by mutual
written consent of both parties and will remain in effect until
terminated by either party with fifteen (15) days prior written
notice.
Section 9. That the City Manager is authorized to sign the
contract attached hereto as Exhibit UA" on behalf of the City.
Section 10. 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 ,
A.D., 2006, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES:
;
NOES:
OSCAR 0RTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVEI~ AS TO FORM:
PL~uRK~f.'i' S~LOW, CITY ATTORNEY __
APPROVED FOR ADMINISTRATION:
STEPHEN FITZGIBBONS, CITY MANAGER
ALBERT THIGPEN, INTERIM DIRECTOR, PARKS & RECREATION
EXHIBIT "A"
will be presented
at the Council Meeting
Exhibit
"A"
City of Port Arthur
Payroll Administration and Reimbursement
CONTRACT COVER SHEET
CONTRACT NUMBER: WDB 1097
TYPE OF CONTRACT: COST REIMBURSEMENT
CONTRACT PERIOD: 06/01/2006 through 07/31/2006
FUNDING OBLIGATION: up to $19,240.20
This contract is entered into by and between the following parties:
CONTRACTOR: AGENCY:
City of Port Arthur Southeast Texas Workforce Development Board
P. O. Box 1089 P.O. Box 1367
Port Arthur, TX 77641 Nederland, Texas 77627
Contact Person: Dr. Albert Thigpen Contact Person: Ms. Roxanne Smith Parks
Purpose of the Contract: To provide payroll for up to ten (10) Workforce Investment Act eligible youth
who will participate in the P.A.S.J.P.
Contractor agrees to provide the payro administration services outlined in this contract which consists of the
following parts:
Contract Cover Sheet
Component A - Statement of Work
Component B - Contract Budget
Component C - Contract General Provisions
Contractor hereby acknowledges that it has a 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 prior to the
execution of this contract have been reduced to writing and are contained herein. Contractor agrees to abide by
all terms and conditions specified herein and certifies that the information provided to the Commission is true
and correct in all respects to the best of its knowledge and belief.
APPROVED:
CITY OF PORT ARTHUR SOUTHEAST TEXAS WORKFORCE
DEVELOPMENT BOARD
Mr. Stephen B. FiLzgibbons Ms. Linda Brown Turk
City Manager Executive Director
Date Date
Contract 1097
Component A: Statement of Work
The Powerzone Youth Center, located at 3901 Twin City Highway,
Port Arthur, Texas, funded by the Southeast Texas Workforce
Development Board (SETWDB), and the City of Port Arthur enter into
this contract for the purpose of payroll administration.
The City of Port Arthur will administer payroll for approximately ten
(10) students who will participate in the P.A.S.J.P. The City of Port
Arthur will refer potential WIA-eligible youth who have completed the
P.A.S.J.P. assessment process to the Powerzone.
The Powerzone will provide the City of Port Arthur the names and
social security nimbers of ten (10) participants who have been
determined eligible for reimbursement of payroll.
The Powerzone will also provide staff support with field trips and
other group events pertaining to the program.
Beginning June 1, 2006, and ending on July 31, 2006, the students
will work 40 hours per week at a rate of up to $5.25 per hour for 8
weeks. The cost of the wages and FICA will be reimbursed to the
City of Port Arthur by the Southeast Texas Workforce Development
Board up to a maximum total of $18,085.20.
The Powerzone will provide incentives to the 10 youth upon
successful completion of P.A.S.J.P. programming.
The City of Port Arthur will invoice SETWDB for reimbursement of the
identified participant's wages. In order to receive reimbursement, the
City will ensure:
· Overtime and holidays paid to participants will not be
reimbursed
· Provide copies of applicable timesheets and payroll register
to include participant names, social security numbers, and
hours worked during the billing period
Contract 1097
Component B: Budget
Budget Total: $ t8,085.20 for wages and FICA
$ 100.00 for uniforms
$ 1~055.00 for training and events
$ t9,240.20 Total
Number of Students: 10
Hourly Wage: $ 5.25
Hours Per Week: 40
Length of Program: 8 weeks
COMPONENT C: Contract General Provisions
Contract Number: WDB 1097
Funding Source: Workforce Investment Act (WIA)
PART I. INTRODUCTION & CONDITIONS PRECEDENT
SECTION 1. Parties to Contract
This Contract is made and entered into by and between the Southeast Texas
Workforce Development Board, hereinafter referred to as "SETWDB", 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. This Contract establishes a sub-recipient relationship with
CONTRACTOR, in which CONTRACTOR accepts substantial financial and
programmatic responsibilities for use of Federal/State funds.
SECTION 2. Contract Period
A. The effective dates for performance of this Contract shall be 06/01/06 and
shall terminate 07/31/06 (hereinafter referred to as "contract period") unless
this Contract is sooner terminated, suspended, or alternatively extended,
pursuant to the terms of this Contract.
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 06/01/06.
SECTION 3. Le,qal Authority
A. SETVVDB is funded via 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 Investment Act (WIA). SETWDB is authorized to contract with the
Texas Workforce Commission for program planning and service delivery.
B. CONTRACTOR hereby covenants and agrees to provide in the Southeast
Texas Workforce Development Area (WDA) the services described in this
Contract, throughout the contract period in accordance with provisions of: (1)
TWC rules, regulations, including any subsequent modifications and policy
directives, (2) Southeast Texas Workforce Development Board plans and
policies, including any subsequent modifications, and additional guidance
directives as the SETWDB in its sole discretion may institute in connection
with this Contract. In the event of a conflict between any of the applicable
,~,,,,~,, ,..,,j C,~,c,,, ~,,,,,,~ u~T,~A,~,,Or, ~eg~' -' authority
p~,,~, ,,, . ~e ~=, ~,~.~ CO~ ~ RAu, ~R has~u.~.u
tii~ this ~,u~rau~ oho, not be
E. ~ ..... '~" ~'~'- expressly agree ~' ' ~ ........ "~"
Development Board Executive Director has executed said Contract.
S~CT!ON .....
S~ ~ah ~ "'
Cu. ipiy '";~ uiu Federal .... ~ ...... ~'-.
~,o,,,~ o,~ has to execution
pr~v,ue~ ...... to its ~na~u,=~;~ ' .... ~,,~ '
tliaL n~h~ uvt~T~CTOr~, nor its ~*~ p,=~=n,,y
~x~l~=~ .... ~ *,,~m .... *;~' ~"~: ' .... ~;~ , ~=,=, department or
the terms and conditions of theuu,~.a....~,~- ~ ~,,,~ .... ,,,u,,,~,.~'~-~:~n process may
assess u~ F~,,-,,,,~,,~e ~, ~h~ uu~u,OR. In this
respects immediately and diligently cooperate with the SETWDB.
Contra~ Bah,ween The Cib./of Pod Arthur and The Southeast Texas Wo.dd, orce Develepmer~t Board
2. sE-rWDB may present to the CONTRACTOR its monitoring report
containing ail identified management and comp!iance findings,
recommendations, and, if app!icable, required corrective act/on(s).
3. CONTRACTOR shall submit a written coFcective action response, if
appropriate, within fifteen (15) working days from the date of receipt of the
Monitoring Report and shall immediately imp!ement all corrective actions
required and/or recommended and any and al! specific detailed
procedures and actions to preclude any recurrence of the practices,
discrepancies, and irregularities as specified in the Monitoring Report.
4. Upon CONTRACTOR'S written request, SETWDB may provide technical
,o cor, act ,, ,e d~,h.lenoles noted ,,,
assistance to CONTRACTOR in order +" ' "~ "¢'"' '
the Monitoring Report. The Monitoring Unit may conduct follow-up visits
to rev,~w de,,,.,e,,u,es and to assess the efforts made to correct them. If
such deficiencies persist, the SETWDB may suspend or terminate the
Contract depending on the seriousness of the deficiencies. SETWDB
monitoring guide will be provided to the CONTRACTOR upon request.
D. Technical Assistance and Policy Guidance
SETWDB staff may provide to the CONTRACTOR technical assistance and
policy guidance it feels is necessary and appropriate. Upon notice of such
actions, CONTRACTOR shall not impede or oppose the givin9 of such
technical assistance and shall cooperate fully therewith. Failure to cooperate
shall be an independent basis for ten-nination of this Contract by the
SETWDB. CONTRACTOR shall not be released or exempt from satisfying
all of its contractual obligations.
PART II. GENERAL CONTRACTOR PROGRAM ~"='~'"'~'"='~" '~"=-~
SECTION !. General ProGram Responsibilities
CONTRACTOR sha)~ give acknowledgement to the SETWDB, and also
,,, all o.~,,v=.~h "" "*~' * including
.-' n,=, ~.~.,,g activities and,,,,~,~r,.~,s,'"-'"
regarding any activity. '"'~--~v,,~,~ issuing s.=~e.,,=,,,o,'"' m,-..-.*.- press --'~,~, ..... requests
funded under this,..u,r'*"-~'"*~,. =.~, ~,ur~TRA~., OR shall acknowledge
Contract # WDB 1097 Page 3 of 17
Contract 5~tw~n The Cib/of po.dr A~hur and The Southeast Texas Workf, orce Deveio~e~ Board
CONTRACTOR agrees and understands that the pedormance of work and
services pursuant to the requirements of this Contract shall strive for the
highest possible professional standards in every phase of the conduct of its
work.
SECTION 2. Contract Obli,qations
A. In consideration of Contractor's ful! and satisfactory performance of the
services specified in the attached Pad A - Statement of Work and within the
budgetary constraints of Part B - Contract Budget.
B. The SETWDB shall not be iiable for expenditures made in violation of the
provisions of any applicable law or regulation and;
C. The SETWDB shall not be liable to Contractor for costs incurred or
performances rendered by Contractor before commencement of this contract
or after the termination of this contract, except for expenditure and audit
reports required pursuant to this contract.
D. Method of Payment
1. The SETWDB agrees to make reimbursements to the contractor up to
twice a month in accordance with Component B - Contract Budget and
SETWDB policy upon receipt of a proper invoice and required
documentation and;
2. The Contractor further agrees to provide to the SETVVDB a contract
ctoseout within 45 days after the end of the contract.
3. All requests for reimbursement must be submitted within thirty days after
the contract end date.
SECTION 3. General Contractor Administrative Provisions
A. Recordkeepin.q
CONTRACTOR shall keep adequate fiscal records to reflect at a
minimum: budgeted expenditures; supporting documentation, and to
provide details of expenditures consistent with those negotiated and
agreed upon in Component B, Contract Budget.
B. Change in Condition
CONTRACTOR shall immediately and in writing notify the SETWDB of any
material change from CONTRACTOR'S present financial or other condition
that could significantly affect CONTRACTOR'S ability to perform or comply
with any provision or objective of this Contract. Material changes include, but
are not limited to: bankruptcy of the CONTRACTOR, lawsuits or other legal
action which may impact the financial viability of CONTRACTOR, suspicions
Contract # WDB 1097 Page 4 of 17
Component C: Contract General provisions
Contract Between The City of Pod Arthur and The Southeast Texas Workforce De'celopment Board
or official investigations of fraud or abuse on the part of CONTRACTORS
staff, officers, or directors, theft or loss of funds or equipment which support
the contracted activities, and or resignation or transfer of key staff.
C, Accountinq Standards
Contractor sha!l use generally accepted accounting procedures as
recognized or defined in pronouncements issued by the American Institute of
Certified Public Accountants or by other entities having similar generally
recognized authority, and shall follow all applicable SETWDB financial
management policies and procedures in maintaining any fiscal records
required to be kept under this contract.
1. Limitation on Liability
a) The SETWDB will pay costs properly incurred by Contractor for
performances rendered under this contract in the amounts specified in
Part B - Contract Budget.
b) The SETWDB shall not be liable to Contractor for payments other than
those documented as earned under this contract and described in the
Contract Budget. The SETWDB from time to time, may provide written
notification to Contractor in the form of either a unilateral letter of
notification or a bilaterally executed contract modification which shall
serve either to obligate additional funds under this contract or to de-
obligate funds previously obligated under this contract.
D. Retention and Accessibility of Records
1. CONTRACTOR shalt maintain all records, documents and reports
pertinent to this Contract, including financial, statistical, property,
participant records, and supporting documentation for a period of no less
than three (3) calendar years from the date of acceptance of the final
close-out package, or for any greater period which may be required by
any specific funding source(s), or if any litigation, audit or claim is begun,
in which case such records shall be retained until any outstanding
litigation, audit, or claim has been resolved to SETWDB's satisfaction.
2. Contrador shall give the United States Department of Labor, the
Comptroller General of the United States, the General Accounting Office,
the Auditor of the State of Texas, the Texas Workforce Commission, the
SETWDB or any of their duly authorized representatives, access to and
the right to examine, copy or mechanically reproduce, all reports, records
and documentation pertaining to this contract as long as the records are
retained by the Contractor.
Contract # WD$1097 Page 5 oi' 17
Component C: Contract General Provisions
Contract Betwaen The City of Port Arthur and The Scl,fi.beast Texas Workforce Development Board
3. The SETWDB or any other duly authorized representatives shall have the
right to timely and reasonable access to Contractor and subcontractor
premises and personnel for the purpose of inspection, monitoring,
auditing, evaluation related to all records required to be retained under
this contract.
E. Notice of Legal Action A,qainst CONTRACTOR
CONTRACTOR shall immediately notify the SETWDB in writing of any action
or suits filed and of any claims made against the SETWDB, CONTRACTOR,
or any of the parties involved in the implementation, administration, and
operation of the programs funded through this, or any other Contract which
may in any manner whatsoever, directly or indirectly, affect or concern the
program being operated with these funds, or any of the parties designated
herein.
SECTION 4. Unilateral Bud,qetary Adjustments
A. SETVVDB shall not be liable to CONTRACTOR for payment under this
Contract which exceed the amounts specified in Component B: Contract
Budget, except as described herein below. SETWDB, 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 SETWDB 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 the SETWDB does not receive the amount of funding from the
Texas Workforce Commission that it had anticipated or if for any other
reason, the SETWDB determines, in its sole discretion, that budgetary
changes are needed or deemed desirable in order for the SETWDB to
successfully carry out its overall programmatic objectives. In this regard,
SETVVDB also reserves the right to de-obligate, reduce, or cancel Contract
funding whenever SETWDB determines, in its sole discretion, that budgetary
changes are needed or desirable in order for the SETWDB to successfully
carry out its overall programmatic objectives. Additionally, even though
Contracts are awarded in amounts "not to exceed" the dollar figures specified
in Component B, the SETWDB reserves the right to increase Contract
amounts subject to CONTRACTOR acceptance if funds become available
and if it is in the best interest of the SETWDB In such cases, no additional
solicitation of proposals will be necessary.
Contract # WDB 1097 Page 6 of 17
Component C: Contract General ProQsions
Contract Between The City of Port Arthur and The Southeast Texas Wor~force Development Board
C. Any determination to Obligate or de-obligate funds shall be made by
SETWDB in its sole discretion based upon factors including, but not limited
to, the s,*atus of funding under grants to SE%¥DB from the TWC, the
existence of questioned or disallowed costs incurred by CONTRACTOR, or a
rate of utilization of funds or peRormance earnings not consistent with
Component B of this Contract.
D. Such notification(s)/amendments, if any, will specify SETWDB maximum
obligations to CONTRACTOR and the effective date of such
notification/amendment.
SECTION $. Non-duplication of Payment
CONTRACTOR shall repay to the SETWDB, any funds found to have been paid
to CONTRACTOR or their participants for the same service or property from 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, the SETWDB reserves the right 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
A. In consideration of the full and satisfactory performance hereunder,
SETWDB shall solely be liable to the CONTRACTOR in an amount equal to
the actuat, costs incurred by CONTRACTOR in rendering such performance,
and as applicable and agreed upon, a profit subject to the following further
limitations:
1. SETWDB shall not be liable for any expenditures made by
CONTRACTOR, or payment(s) made to the CONTRACTOR for
performance rendered in violation of this agreement.
2. CONTRACTOR understands and agrees that it shall be liable to repay to
SETWDB, 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 and;
3. The SETWDB shall have the right to reimbursement or to suspend
payments to CONTRACTOR under this Contract, in whole or in part, to
protect the integrity of funds or to ensure proper operation of programs.
In case of such suspension of payments, CONTRACTOR shall be given
prompt notice and the opportunity for a hearing in accordance with
SETWDB procedures.
Contract# WD8 1097 Page 7 of 17
Component C: Contract General Provisions
Contract Between The C~ of Port Arthur and The Southeast Texas Worldorce Development Board
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 SETWDB in the performance of this Contract, shall
be construed as making CONTRACTOR the agent, servant or employee
of the SETWDB;
C. except as designated in writing by SETWDB, employees of
CONTRACTOR are not employees of the SETWDB since (1) employees
are subject to exclusive control and supervision of CONTRACTOR; and
(2) CONTRACTOR is solely responsible for employee payrolls and
claims.
PART V. CONTRACT CESSATION AND AMENDMENT
SECTION 1. Termination
CONTRACTOR acknowledges that this Contract may be terminated by
SETWDB under the following circumstances:
A. Termination for Cause
1. SETWDB may terminate this Contract, in whole or in part, for breach of
any term, condition, and 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 required by SE-I-WDB. Such termination shall not be an exclusive
remedy but shall be in addition to any other rights, 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 SETWDB:
a) If CONTRACTOR, its employees, agents, or any of its
representatives has committed any fraud or made any false statement
to the SETWDB 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 or under
any other Contract funded/assisted by SETWDB;
Contract # WDB 1097 Page 8 of 17
Component C: Contract General Provisions
Contract Between The City of Port Arthur and The Southeast Texas Woridorce Develo@ment Board
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 SETWDB 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
1. SETWDB reserves the right 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 the SETWDB.
2. In the event that SETVVDB unilaterally elects to terminate this Contract
and if, at the time of such termination, CONTRACTOR is not in material
breach of its obligations hereunder, CONTRACTOR may request
payment from SETWDB, in accordance with the terms and conditions of
this contract
C. CONTRACTOR Termination of Contract
In the event CONTRACTOR is unable to perform its obligations under this
Contract, the Termination and Closeout procedures shall govern, and
CONTRACTOR shall send a certified, written notice of such non-
performance postmarked no less than twenty (20) calendar days prior to the
effective date of such proposed action. SETWDB shall have the right to
voluntarily terminate the Contract or to seek such legal remedies as may be
in the best interest of SETWDB.
D. Termination Procedures
After receipt of a Notice of Termination and except as otherwise directed by
SETWDB, CONTRACTOR shall not incur any further costs related to this
Contract and shall stop work under the Contract on the date and to the extent
specified in the Notice of Termination;
PART VI. ASSURANCES AND CERTIFICATIONS
SECTION 1. Compliance with Law/Order of Precedence
In rendering performances hereunder, the CONTRACTOR shall comply with the
requirement of Federal and State Rules and Regulations, the TWC, or those of
other specific funding source(s) for this Contract, and revisions/amendments to
these Rules and Regulations, and with all other applicable Federal, State and
Contract # WDB 1097 Page 9 of 17
Component C: Co~qtmct General Provisions
Contract Between The City of Port Arthur and The Southeast Texas Woridorce Development Board
local laws, Regulations and policies. This is to be done in such a manner so as
to prevent or to correct any breach of the SETWDB'S Contract with the State of
Texas to operate workforce development programs.
SECTION 2. Child Labor Laws
CONTRACTOR shall comply with all applicable Child Labor Laws of the United
States and the State of Texas.
SECTION 3. Health and Safety Standards at Work/Traininq Facility
CONTRACTOR shall ensure compliance with applicable health and safety
standards established under State and Federal Law, including the Occupational
Safety and Health Act of 1970, or with other Regulations, regarding working
conditions of SETVVDB funded employees of CONTRACTOR.
SECTION 4. Grievances and Complaints
CONTRACTOR shall establish and maintain a complaint procedure to resolve all
complaints arising under programs funded by this Contract. In this regard, the
CONTRACTOR shall notify the SETWDB in writing upon receipt of any such
grievances or complaints filed and cooperate with the U. S. Department of
Labor, TVVC, and SETWDB in the resolution of any conflict that may occur from
the activities funded under this Contract.
SECTION 5. Use of Historically Under-Utilized Businesses
CONTRACTOR convenants to make a good faith effort to contract with, or make
purchases from, historically under-utilized disadvantaged) businesses certified
by the State of Texas, as that term is defined by state law, to wit, Texas
Government Code, Section 481.101. CONTRACTOR shall maintain
documentation of such good faith efforts.
SECTION 6. Political Activities; Lobbyinq Prohibited
A. Political Activities Prohibited
CONTRACTOR shall prevent persons whose principal employment is
involved with an activity funded in whole or in part by SETWDB
disbursements, during working hours paid by the Contract, from:
1. being a candidate for public office;
2. aiding the election or defeat of a candidate for public office;
3. publicizing, lobbying, or propagandizing the support or opposition to
legislation pending before a government body;
Contract # WDB 1097 Page 10 of 1 /
Component C: Contract General Provisions
Contract Between Th~ City of Port Arthur and The Southeast Texas Workforce Development Board
4. impeding any person's right to vote, sign petitions, or speak or write on
politica~ subjects unrelated to specific potiticat or legislative campaigns;
5. soliciting funds or contributions for political purposes; or
6. coercing, or attempting to coerce, persons in matters relating to any of the
foregoing; or
7. engaging in any political activity at any time as a representative of the
SETWDB, SETWDB and/or its agents, TWC, or other Federal or State
funding source(s).
The restrictions provided above shall not preclude the right of employees to
vote, sign petitions, or speak or write on political subjects unrelated to a
specific political campaign.
SECTION 7. Non-Labor Involvement
A Union Activities
1. No individual shall be required to join a union as a condition of enrollment
in a program in which only institutional training is provided, unless such
institutional training involves individuals employed under a collective
bargaining agreement which contains a union security provision.
2. Nothing in this section shall prevent an employer from collecting union
dues or service fees pursuant to applicable collective bargaining
agreements or State law.
B. Labor Dispute Involvinq Work Stoppa,qe
1. No participant may be placed into, or remain working in, any position
which is affected by labor disputes involving a work stoppage. If such a
work stoppage occurs during the grant period, participants in affected
positions must: (1) be relocated to positions not affected by the dispute,
(2) be suspended through administrative leave, and (3) where participants
belong to the labor union involved in the work stoppage, be treated in the
same manner as any other union member except such members must not
remain working in the effected position. CONTRACTOR shall make every
effort to relocate participants who wish to remain working, into suitable
positions unaffected by the work stoppage.
2. No person shall be referred to or placed in an on-the-job training position
affected by a labor dispute involving a work stoppage and no payments
may be made to employers for the training and employment of
participants in on-the-job training during the periods of work stoppage.
SECTION 8. Sectarian Involvement Prohibited
Co~tract # WDB 1097 Page 11 of 17
Componerff C: Contract General Provisions
Contract Between The Cib( of port Arthur and The Southeast Teyas Workforce Development Board
A. CONTRACTOR and any subcontractor, shall ensure that no funds under this
contract are used, either directly or indirectly in the support of any religious
adivity, worship, or instruction.
B. No participant shall be engaged in the construction, operation or
maintenance of the part of any facility that is used for religious instruction or
as a place of religious worship.
C. CONTRACTOR shall ensure diligence in managing programs under this
Contract including the carrying out of appropriate monitoring activities and
take immediate corrective action against known violations of the Act.
D. CONTRACTOR assures that it will perform the contracted activities in
conformance with safeguards against fraud and abuse as set forth by the
SETWDB, Federal and State rules and regulation, the TWC, or those of
other specific funding source(s) under this Contract. CONTRACTOR agrees
to notify the SETWDB of suspected fraud, abuse, or other criminal activity
through filing a written incident report within twenty-four (24) hours of
knowledge thereof. Theft or willful damage to property on loan to the
CONTRACTOR shall be reported to local law enforcement agencies within
two (2) hours of discovery of any such act.
E. CONTRACTOR agrees to cooperate fully with the SETWDB, local law
enforcement agencies, the State of Texas, U. S. office of the Inspector
General, the Federal Bureau of investigation, and any other duly authorized
investigative unit in carrying out a full investigation of all such incidents.
SECTION 9. Confidentiality of Records
CONTRACTOR shall maintain the confidentiality of any information, regarding
program participants and the immediate family of any applicant or participant,
that identifies or may be used to identify them and which may be obtained
through application forms, interviews, tests, reports from public agencies or
counselors, or any other source. CONTRACTOR shall not divulge such
information without the written permission of the participant, except that such
information which is necessary as determined by SETWDB for purposes related
to the performance or evaluation of the Contract may be divulged to SETWDB or
such other parties as they may designate having responsibilities under the
Contract for monitoring or evaluating the services and performances under the
Contract, to governmental authorities to the extent necessary for the proper
administration of the law. All release of information shall be in accordance with
applicable State laws, and policies of the SETVVDB. No release of information
by CONTRACTOR, if such release is required by Federal or State law, shall be
construed as a breach of this section.
SECTION 10. Prevention of Conflictin,q Interests
Contract # WDB 1097 Page 12 of 1 ,'
Component C: Contract General provisions
Contract Between The City of Port Arthur and The Southeast Texas Workforce Development Board
CONTRACTOR shall take every reasonable course of action to maintain the
integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from efforts to gain personal, financial or political benefit,
tangible or intangible. CONTRACTOR, its executive staff and employees while
administering this Contract, shall avoid situations that could give the appearance
that any decision was influenced by prejudice, bias, special interest or desire for
personal gain.
SECTION 11. 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 facsimile 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 SETWDB:
Linda Brown Turk, Executive Director
Southeast Texas Workforce Development Board
P. O. Box 1367
Nederland, TX 77627
Telephone: 409-719-4750
Contact Person: Roxanne Smith Parks, PowerZone Coordinator
Official Mailing Address for CONTRACTOR: City of Port Arthur
Attn: Mr. Stephen B. Fitzgibbons
P. O. Box 1089
Port Arthur, TX 77641
Telephone: (409) 983-8210
Contact Person: Dr. Albert Thigpen
SECTION 14. Responsible Contractor
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
Contract Ct WDB 1097 Page 13 of 17
Component C: Contract General Provisions
Contract Betwean The Cit~ of Pod Arthur and The Southeast Texas Woddorce Development Board
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. Additionally the CONTRACTOR
assures SETWBB that its performance under the terms and conditions of this
Contract will be in accordance with highest integrity and business ethics. If the
SETWDB 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 15. Federal/State Obliqations
it is expressly understood and agreed that neither the U.S. DOL, nor TWC, are
parties to this Contract 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 Contract.
SECTION 16. DruR-Free Workplace Rule
CONTRACTOR assures and guarantees that it shall comply with the Federal
Drug Free Workplace Act of 1988 and the Drug-Free Workplace Rules
established by the Texas Worker's Compensation Commission effective April 17,
1991. CONTRACTOR further assures that it will notify the SETWDB, within five
(5) calendar days, of any criminal drug statute violation by a CONTRACTOR
employee/subcontractor.
SECTION 18. 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 thereunder, 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 Women Act of 1991;
Section 188 of the Workforce Investment Act of 1998 (WIA).
The CONTRACTOR also assures that it will comply with 29 CFR part 37 and
all other regulations implementing the laws listed above.
B In addition, during the performance of this Contract, the TWC, SETWDB,
CONTRACTOR, and its Subcontractors will not deny the Contract's benefits
to any person on the basis of religion, color, race, national origin, sex, age,
physicat or mental disability, nor will they discriminate unlawfully against any
employee or applicant for employment because of race, religion, color,
Contract #WDB 1097 Page 14 of 1 !
Component C: Contract General Provisions
Cu~ ,[,,~c~ Between The City of Port Arthur and The Southeast Texas Workforce Devek~pment Board
national origin, physical or mental disability, temporary medical condition,
age or sex. CONTRACTOR, and any Subcontractors, shall insure that the
evaluation and treatment of employees and applicants for employment are
free of such discrimination.
C. As subcontracts and supplier contracts become necessary to carry out the
requirements of this Contract, CONTRACTOR convenants to make a good
faith effort to contract with historically underutilized businesses certified by
the State of Texas, as that term is defined by paragraph 481.101, Texas
Government Code.
PART VII. GENERAL PROVISIONS
SECTION 1. No Waiver
A. No Waiver of Ri,qhts
SETWDB waives no rights, claims or causes of action arising under this
Contract by:
1. payment of SETWDB disbursements;
2. acceptance of unused fund balance or
3. termination of this Contract.
B. Non-Waiver of Remedies
SETWDB'S 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 2. Non-Assiqnment
This Contract is non-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 3. Severability
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 4. GoverninR Law
Contract # WDB 1097 Page 15 of 1 [
Component C: Contract General Provisions
Contract Between The City o! Pod Arthur and The Southeast Texas Workforce Development Board
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 5. Entire Contract
This Contract constitutes the entire Contract between the parties hereto. All
previous oral or written agreements relating to the subject matter of this Contract
between the CONTRACTOR and the SETWDB 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 except for unilateral adjustments/amendments.
SECTION 9. Other General 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 parties shall mutually agree on
the selection of an independent mediator.
C. Right to Appeal: Except as otherwise provided in this Contract or by law, the
CONTRACTOR 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, the
CONTRACTOR shall proceed diligently with the performance of work,
including delivery of items and services in accordance with the SETWDB'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
rules.
E. Severability: If any of the provisions of this contract shall contravene or be
invalid under the laws of the United States, such contravention or invalidity
shall not invalidate the whole contract, but shall be construed as if not
containing the particular provisions held to be invalid, and the rights and
obligations of the parties shall be construed and enforced accordingly and
Contract # WDB 1097 Page 16 of 17
Cornpoflent C: Contract General Provisions
Contract Between The C~ of Port Arthur and The Southeast Texas Werkforce Development Board
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: Component C - General Contract Terms (excluding Statement of
Work and any parts, and any other attachments to this contract);
then
Second: Component B- Budget; then
Third: Component A - Statement of Work.
Contract # WDB 1097 Page 17 of 47
Component C: Contract General Prov~siees