HomeMy WebLinkAboutResolution - 271 - Contract_Agreement - TDCA - YACC Project - 09_13_1979LGB:hw RESOLUTION #271 - 9/13/79
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contractor
Certification of Eligibility for the Young Adult Conservation Corps Program,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of September ,1979.
D EST, MAYOR
ATTEST:
';Evelyn Gffffga;- City Se-ctKtary-Treasurer
APPROVED AS TO= CONTENT:
Lawrence Banks, Community Facilities
APPROVED AS TO FORM:
Leon Bean, Asst. City Attorney
! Tied To Reso #271
9/13/79
Fa,, y
TEXAS DEPARTMENT OF CC"1UNI'IY AFFAIRS
CIilLDREN
AND YOUT!i
CONTRACT FORYRVYOUNG ADULT CONSERVATION CORPS FP Oey%p�e�t
PROGRAM OPERATION 27 O�y
FEDERAL FISCAL YEAR 1980 )?) �99
STATE OF TEXAS O
COUNTY OF TRAVIS _
rdCA
Section I. Parties to Contract
This contract and agreement is made and entered into by and between the
Texas Department of Community Affairs, ai agency of the State of Texas,
hereinafter referred to as "Department" and the City of Lubbock, Texas
," hereinafter referred to as "Contractor." The parties hereto have
severally and collectively agreed and by execution hereof are bound to the mutual
obligation and to performance and accomplishment of the tasks hereinafter described.
Section II. Contractor Performance
A. The Contractor shall operate a Young Adult Conservation Corps
project, hereinafter referred to as the "YACC Project," according to the provisions of
Title I of the Youth Employment and Demonstrations Projects Act of 1977,
hereinafter referred to as "the Act," 29 U.S.C.A. S 993 et seq. (Supp. 1977), and to
applicable federal program regulations promulgated thereunder. Contractor shall
render the performances specified by, and shall render such performances in
accordance with, Attachment III hereby made a part of this contract. Such Young
Adult Conservation Corps project shall be hereinafter referred to as the YACC
Project.
B. The Contractor's YACC Project shall be:
�) Residential
XXXX Nonresidential
C. The YACC Project will be called the Lubbock YACC Project
_ and will be operational in and/or around the City of Lubboc
(Lubbock County). Texas.
D. The Contractor agrees that in carrying out its YACC Project it will
provide employment and other benefits to youth of both sexes from all economic and
racial classifications who would not otherwise be currently productively employed.
Contractor shall employ youths for a period of service during which they engage in
useful conservation work and assist in completing other projects of a public nature on
federal and non-federal public lands and waters.
E. Enrollee Selection
1. The Contractor shall select and hire at least 10
enrollees for its YACC Project from a list of qualified applicants provided to the
Contractor through the Texas Employment Commission. The Contractor's selection
of enrollees shall provide, to the extent feasible, for equitable participation for youth
of both sexes and of all social, economic, and racial classifications. The Contractor
assures that selection for its YACC Project shall grant preference to applicants in
rural and urban areas having substantial unemployment rates equal to or in excess of
six and one half (6.5) percentum as determined by the United States Department of
Labor. The Contractor's selection system shall assure that enrollees are selected
randomly without bias because of race, creed, color, religion, national origin, sex,
political affiliation, or beliefs, except that to insure that projects are coeducational,
applicants shall be stratified by sex prior to selection of enrollees.
2. Upon tentative selection of enrollees, the Contractor shall make
official enrollment contingent upon enrollees undergoing complete physical examina-
tions, the expenses of such examinations to be borne by prospective .enrollees.
Official enrollment shall be made upon the Contractor's determination that such
Page 1 of 18
examinations prove enrollees to be capable of performing YACC Project work. The
Contractor shall require parental consent to participate in the program for those
youths who have not yet reached the age of eighteen (18). The Contractor shall
require enrollees to provide their own transportation to and from the project or camp
and to provide their own clothes, except for certain safety equipment furnished by
the Contractor pursuant to the provisions set forth in Section 215.4 of the federal
regulations promulgated under the Act, hereinafter referred to as the "Federal
Regulations," 43 Fed. Reg. 11827-11832, 12266-12271 (1978) (to be codified in 36 C.F.R.
SS 215.1-215.9 and 43 Fed. Reg. SS 32-1-32.91],the receipt of which by Contractor is
evidenced by the execution of this contract.
3. The Contractor assures that all enrollees in the YACC Project
were unemployed at the time they applied for the program; are between the ages of
sixteen (16) to twenty-three (23), inclusive; are citizens, lawfully permanent residents
of the United States or lawfully admitted refugees or parolees; and are capable of
carrying out the work of the Corps for the estimated duration of their enrollment.
4. The Contractor shall hire no applicants of ages sixteen (16)
through eighteen (18) inclusive who have left school unless such applicants have
certified to the Contractor that they did not leave school for the purpose of enrolling
in the Corps.
5. The Contractor shall hire no enrollee for a total period of more
than twelve (12) months, such maximum period to be either one continuous twelve-
month period, or three or less periods which total twelve (12) months. However, an
enrollee attaining age twenty-four (24) while. enrolled may remain in the program to
complete the current period of enrollment. No individual may be enrolled if such
enrollment is for the normal periods between school terms.
6. Upon the end of the enrollment period or termination of
enrollees, the Contractor shall notify the Texas Employment Commission regarding
enrollee status and shall, to the extent feasible, assist the enrollee in making contact
with the Texas Employment Commission or other organizations to enhance the
possibilities for job placement.
7. The Contractor agrees that its selection and hiring of enrollees
for its YACC Project shall be accomplished pursuant to an agreement between the
Contractor and the Texas Employment Commission and that the Department shall not
be responsible to the Contractor for furnishing eligible enrollees in the event that the
Texas Employment Commission fails to supply the Contractor with enough eligible
enrollees to conduct its YACC Project.
F. Corpsmember Activities ,
The Contractor shall conduct YACC Project activities in such fields as:
(1) tree nursery operations, planting, pruning, thinning and other
silvicultural measures;
(2) wildlife habitat improvement and preservation;
(3) range management improvements;
(4) recreation development, rehabilitation and maintenance;
(5) fish habitat and culture measures;
(6) forest insect and disease prevention and control;
(7) road and trail maintenance and improvements;
(8) general sanitation, cleanup and maintenance and improvements;
(9) erosion control and flood damage;
(10) drought damage measures; and
(11) other natural disaster damage measures.
G. Project Criteria
Page 2 of 18
shall:
The Contractor assures that, to the maximum extent practicable, projects
(1) be labor-intensive;
(2) be projects for which work plans exist or can be readily
developed;
(3) be initiated promptly;
(4) be productive with positive impacts on both the Enrollee as well
as the Corps from the standpoint of work performed and benefit
to participating youth;
(5) provide work experience to participants in skill areas required
for the projects;
(6) if a residential camp, to the maximum extent feasible, be
located in areas where existing residential facilities are avail-
able. The use of existing but unoccupied or underutilized
Federal, State and local government facilities and equipment
shall be maximized; such utilization is subject to the approval of
the Federal agency, State or local government having admini-
strative control thereof;
(7) if a non-residential project, be located within acceptable normal
commuting distance from the geographic center of areas of
substantial unemployment as designated by Labor; and
(8) be similar to activities of persons employed in seasonal and part-
time work by Federal natural resource agencies.
H. Enrollee Pay
1. Enrollees shall be paid the federal or state minimum wage,
whichever is higher. If the applicable minimum wage is raised at any time during the
term of this contract, the wage rate of enrollees shall be increased accordingly.
2. As an incentive, the Contractor may determine that incremental
increases, above the applicable minimum wage, be paid to not more than fifteen (15)
percent of the enrollees employed in a camp or project. Wage increases shall amount
to fifty (50) percent of the applicable minimum wage for the promotional category of
Enrollee Leader and fifteen (15) percent of the applicable minimum wage for the
promotional category of Assistant Enrollee Leader.
3. The Contractor may not require enrollees to work more than
eight (8) hours per day or forty (40) hours per week, except that the Contractor may
authorize overtime which shall not exceed ten (10) hours per week per enrollee and
which shall be compensated at the same rate as the first forty (40) hours. In addition
to performing their regular work assignments, enrollees assigned to residential camps
may be required to assume responsibility for housekeeping and maintenance duties.
Such duties shall not be compensable, unless scheduled during the work day, in which
case pay shall be at the same rate as is paid for the first forty (40) hours of work per
week.
4. The Contractor shall charge enrollees assigned to residential
camps for daily food and lodging the amounts of seventy-five cents ($.75) per meal
furnished and seventy-five cents ($.75) per day for lodging. Enrollees shall be charged
such amounts for food regardless of whether they attend meals served.
1. Enrollee Leave
1. Contractor shall provide enrollees with paid annual leave at a
rate of four (4) hours for every full pay period which shall consist of two normal work
weeks. Accrual shall commence at the beginning of the first full pay period after the
day of official enrollment, and shall end on the date of official termination. Such
leave may be accrued up to a maximum of thirteen (13) days for fifty-two (52) weeks
of uninterrupted enrollment.
Page 3 of 18
2. With regard to Contractor's policies relating to when enrollees
may use leave time, administrative leave with or without pay, emergency leave, and
State holidays, Contractor shall comply with all requirements relating to such policies
set forth in Section 215.4 of the Federal Regulations as if such requirements were
directly applicable to the Contractor.
J. Project Facilities, Supplies and Equipment
1. The Contractor shall provide enrollees with such transportation
related to camp and/or project operations, lodging, subsistence, medical treatment
and other services, supplies, equipment and facilities as may be necessary to carry
out the YACC Project. Expenditures for such items shall be in accordance with the
requirements set forth in Section 215.4 of the Federal Regulations as if such
requirements were directly applicable to the Contractor.
Medical services and transportation services to be purchased or
furnished by Contractor as necessary for the operation of its YACC Project shall
include, but not be limited to, the following specific enumerated services:
Medical - Contractor shall arrange for first aid and emergency medical treatment by
a medical facility and ambulance service. Each staff member required to possess a
current Standard Red Cross First Aid Certificate or equivalent. Each vehicle used to
transport YACC participants shall be equipped with a 24-unit first aid kit, chemical
cold packs, insect repellant, sting neutralizer, and snake bite kit. At least one
stretcher and two blankets shall be available for each 20 enrollees.
Transportation - Staff members assigned to operate motor vehicles shall have
completed an 8-hour defensive driving course, or equivalent, within the past 36
months. Contractor shall provide adequate transportation to and from work sites.
Such transportation shall have current safety inspection and vehicles shall not be
loaded over suggested passenger capacity.
Contractor's expenditure for single items of "Equipment" with a purchase
price of One Hundred Dollars ($100.00) or more as specified in cost category number
four of Attachment I (Budget) and any Contractor's expenditures, regardless of
amount, for "Contractual" and "Other" as specified by cost categories numbers six (6)
and seven (7), respectively, of Attachment I (Budget) shall be limited to those
expenditures which either have been approved in advance in writing by Department or
are enumerated as follows:
Equipment - Gardening tools, power saws and drills, post hole drills,
kitchen equipment (residential facility only), grass mowers, hand tools,
safety equipment.
Contractual - Transportation vehicles, heavy earth moving equipment,
reproduction equipment.
Other - Start-up expenses, program planning, training, postage, utilities,
telephone, audit, medical, first -aid, printing, advertising, office space,
camp opening and closing costs.
The advance written approval shall be given, if given in the manner
provided by Section IX, Page ll of 17 pages of this contract.
2. Where economically feasible, the Contractor shall utilize exist-
ing but unoccupied or underutilized Federal, State and local facilities and equipment
provided that the approval of Federal, State or local entities involved is obtained.
3. If conducting a residential program authorized by the Act, the
Contractor shall comply with all requirements relating to residential programs set
forth in Section 215.4 of the Federal Regulations as if such requirements were
directly applicable to the Contractor. The Contractor assures that the working and
living conditions of such residential program shall be safe and healthful and in
accordance with the above -mentioned federal regulations as if such regulations were
directly applicable to the Contractor.
4. The Contractor agrees to mark all Project buildings, camp-
grounds, and other permanent projects with appropriate signs identifying each project
as built by or under construction by the YACC.
Page 4 of 18
K. Federal Status of Enrollees
1. The Contractor agrees that, except as otherwise provided herein,
YACC enrollees shall not be deemed as Federal employees and shall not be subject to
the provisions of law relating to Federal employment including those regarding hours
of work, rates of compensation, leave, unemployment compensation, and Federal
employment benefits. Enrollees shall be considered Federal employees for the
purposes of Section 416(a)(1) of the Internal Revenue Code of 1954 (26 U.S.C.A. 1 et
seq.), Section 59ll of Title 5 of the United States Code relating to allowances for
living quarters, and of Chapter 178 of Title 28 of the United States Code relating to
tort claims procedures, such purposes being described in Section 215.4 of the Federal
Regulations.
2. The Contractor agrees that enrollee claims for work injuries
compensation under subchapter 1 of Chapter 81 of Title 5 of the United States Code
shall be dealt with according to the requirements of Section 215.4 of the Federal
Regulations as if such requirements were directly applicable to the Contractor.
3. The Contractor agrees that no staff member or enrollee
receiving funds under this contract shall be deemed an employee of the Department
nor shall any person be entitled to any of the rights or benefits thereof.
L. Project Staff
The Contractor shall provide on -site supervisory personnel in
the ratio of at least one supervisor for every 10 enrollees.
M. Safety and Health
1. The Contractor agrees that enrollees shall not be required or
permitted to work or receive services in buildings or surroundings or under conditions
which are unsanitary, hazardous, or lack proper ventilation. Such work or services
shall be conducted or provided in accordance with the standards set forth in the
regulations under the Occupational Safety and Health Act of 29 C.F.R., SS1910, 1926,
and 1960 subpart B.
2. If conducting a residential project, the Contractor assures that it
shall conduct safety and health inspections of every residential camp and work
project area connected therewith, at least annually, consistent with the requirements
of 29 C.F.R.§1960. 26(d).
3. The Contractor shall issue such items of protective and safety -
clothing and equipment to enrollees as is necessary and appropriate to insure a
maximum of safety in field and construction activities, including at a minimum, hard
hats, gloves, and boots. The Contractor shall teach enrollees the proper use of such
clothing and equipment. All other clothing shall be provided by enrollees.
4. The Contractor shall provide complete safety orientation to
enrollees in all work situations to alert them to any hazards to which they may be
exposed.
5. The Contractor shall strictly observe the health and safety
requirements and provisions of the YACC Safety and Health Handbook (1977) of the
United States Department of the Interior, receipt of which is acknowledged by
Contractor with the execution of this contract, in rendering all performances
hereunder.
N. Residential Living Conditions
The provisions of this subsection N shall constitute a portion of this
contract if the YACC Project contemplated by this contract is residential as
identified by subsection B of this section.
1. The Contractor agrees to provide for residential support facili-
ties and services which ensure healthful and secure living conditions, seven (7) days
per week, twenty-four (24) hours a day.
2. The Contractor assures that all residential facilities are well
maintained and shall comply with applicable Federal, State and local safety, health,
Page 5 of 18
and housing codes for multi -purpose group residences. Adequate supervision and
assistance shall be provided for the safety and welfare of enrollees.
3. The facilities to be used for lodging for enrollees are described
as follows:
[Applicable only to residential projects.]
Section III. Contract Period
This contract and agreement shall commence October 1, 1979 and shall
terminate September 30, 1980.
Section IV. Department Obligations
A. Measure of Liability
In consideration of full and satisfactory performance hereunder, the
Department shall be liable to the Contractor in an amount equal to the actual costs
incurred by the Contractor for performances rendered hereunder subject to the
provisions and limitations as specified in paragraphs numbered 1 through 10 of this
Subsection A.
I. The Department shall not be liable to the Contractor for
expenditures made in violation of the Federal Regulations or in violation of any other
regulations promulgated under the Act. The Contractor shall comply with all such
regulations as if Contractor were a "Grantee" within the meaning of such regulations
for the purpose of Contractor's effecting compliance with such regulations.
2. The Department shall not be liable to the Contractor for
expenditures for construction of housing or any other facilities for residential
projects except for necessary renovations or modification of existing facilities and
their necessary basic infrastructure. The express written consent of the Department
must be obtained before any such construction expenditure may be made. The
Department shall be liable to the Contractor for its capital outlays only when the
Contractor has exerted its best effort to keep capital outlays to a minimum.
3. Notwithstanding subsection D of this Section, it is understood
and agreed by the parties hereto that the Department's obligations under this Section
are contingent upon actual receipt of adequate funds from the United States
Department of Agriculture and the United States Department of the Interior to meet
putative liabilities under this subsection, provided that if the United States
Departments of Agriculture and Interior give the Department written and specific
notice that the Department will not receive adequate funds to make payments to the
Contractor under this contract, the Department shall notify the Contractor in writing
to that effect within a reasonable time thereafter.
4. The Department shall not be liable to the Contractor for costs
incurred for performances rendered by Contractor which are not strictly in
accordance with the terms of this contract, including, but not limited to, terms
governing the Contractor's promised performance and all written amendments hereto
signed and agreed to by both the Department and the Contractor or resulting from
the Contractor's acceptance of proposed amendments in the manner prescribed in
Subsection D of Section XI.
5. The Department shall not be liable to the Contractor for any
costs which are not allowable costs to entities receiving funds directly from the
federal government pursuant to the terms of a grant or contract from or with the
federal government as such allowable costs are determined in accordance with OMB
Circular No. A-102, Revised, 42 Fed. Reg. 45828-45891 (1977), and FMC 74-4.
6. The Department shall not be liable to the Contractor for costs
incurred by Contractor before the commencement of this contract or after the
termination of this contract.
7. The Department shall not be liable to Contractor for any costs of
a type not specified by the cost categories enumerated I through 8 in Attachment I
(Budget) of this contract and shall not be liable to Contractor for any of those costs
enumerated as 1 through 8 of Attachment I (Budget) which exceed the amounts
identified for each such cost category in each of the three columns entitled "enrollee
cost," "staff cost," and "total." For the purposes of this Paragraph 7 the costs
Page 6 of 18
categories shall be identical to, and have the same meaning as, the functional
headings enumerated in subsection A of Section V of this contract.
8. The Department shall not be liable to Contractor for any costs
incurred by Contractor for payments to enrollees or for any costs properly identified
pursuant to Attachment 1 (Budget) of this contract as falling within the "enrollee
cost" column for the cost categories 1 (Salary and Wages) or 2 (Fringe Benefits). It is
specifically agreed and understood by the parties hereto that costs for all enrollee
payments of the type specified by the preceding sentence are contemplated by the
parties hereto to be paid through the payroll services of the Administrative Services
Center, Bureau of Reclamation, P.O. Box ll568, Salt Lake City, Utah 84147. Upon the
last day of each enrollee pay period, the Contractor shall submit to the
Administrative Service Center a form identical to that made a part of this contract
as Attachment III together with such other completed reporting documents as
Department and the Administrative Service Center may reasonably require. This
form must be received by the Administrative Service Center no later than four (4)
days following the last day of the enrollee pay period in order that enrollees be paid
on time. Enrollee pay periods to be used for this contract shall be specified in
information furnished to Contractor by either the Department or the Administrative
Service Center. It is expressly agreed by the parties of the Administrative Service
Center to perform as contemplated by the parties hereto as such contemplation is
identified by this Paragraph 8. Contractor agrees that Contractor will not request
payments from the Administrative Service Center which exceed, in the aggregate,
the total of the two amounts identified in Attachment I (Budget) of this contract in
the column entitled "enrollee cost" for the cost categories numbered 1 (Salary and
Wages) and 2 (Fringe Benefits). Contractor shall be liable to the Department for any
amounts received from the Administrative Service Center which exceed the
aggregate amount which may be properly requested by Contractor pursuant to the
preceding sentence; provided that nothing in this sentence shall be construed so as to
relieve Contractor from liability for any other damages or amounts for which
Department may have a contractual right by law pursuant to the provisions of this
Contract. The parties hereto agree that in computing Department's liability to
Contractor pursuant to this subsection A, the amount of Contractor's liability to
Department pursuant to this Paragraph 8 shall be subtracted from the amount for
which Department would be liable to Contractor pursuant to this subsection A
without regard to this Paragraph 8.
9. The Department shall not be liable to the Contractor for costs
incurred by Contractor to the extent of an amount equal to program income.
Amounts collected by the Contractor from a source other than Department or the
Administrative Service Center for meals, lodging, or any other item requiring
payment to the Contractor, shall be treated as program income. The Contractor shall
account for program income arising from the operation of the YACC Project and
shall otherwise perform, in compliance with Attachment E of OMB Circular No. A-
102, 42 Fed. Reg. 45830 (1977), as if Contractor were an entity receiving funds
directly from the federal government pursuant to a grant agreement or contract with
the Federal Government.
10. The Department shall not be liable to the Contractor for any
cost incurred by Contractor, or portion thereof which:
(a) has been paid or is subject to payment, or
(b) has been reimbursed to Contractor or is subject to
reimbursement to Contractor,
by any source other than Department or Contractor.
11. Department shall not be liable for any costs incurred by
Contractor in the performance of this contract which have not been billed to
Department within ninety (90) days following the termination of this contract.
12. Department shall not be liable to Contractor for costs incurred
by Contractor before the commencement of this contract or after the termination of
this contract.
B. Method of Payment
I. The Contractor hereby elects to receive payments from the
Department hereunder as provided in the provision checked below.
Page 7 of 1S
L/ Monthly Reimbursement Basis.
The Contractor shall submit, by the fifteenth (15th) day of the
month following the calendar month in which expenditures were made and fer which
reimbursement is sought, a requisition for payment on it form like that made a part of
this contract as Attachment 11. Within a reasonable time after receipt or the
Contractor's requisition for payment, the Department shall pay to Contractor an
amount equal to Departmental liabilities accrued as specified in subsection A of this
Section, but unpaid hereunder.
XXXX / Advance Payment Basis.
a. The Contractor shall request an advance payment in an
amount equal to Contractor's reasonable estimate of one average month's needs for
funds but not exceeding twenty percent (20%) of the maximum Department liability
specified by subsection D of this Section. The request for advance shall be submitted
on a form like that made a part of this contract as Attachment IV and shall be
received by Department's Qiildren and Youth Services Division at least
three (3) weeks prior to the date upon which Contractor wishes to receive
the advance.
b. Following Department's receipt of the request for advance
from Contractor made in accordance with Subsection BOW of this Section IVf
Department shall pay to Contractor the amount so requested against Departmental
liabilities accrued or to be accrued as specified in Subsection A of this Section IV.
c. Following receipt by Contractor of Department's payment
pursuant to Subsection BOW of this Section IV, Contractor shall bill (according to
Department's reasonable billing instructions) Department periodically, but no more
often than once in any monthly period, in the amount of Departmental liabilities
actually accrued (pursuant to Subsection A of this Section IV) but not previously billed
by Contractor. Department shall pay to Contractor an amount equalling Departmen-
tal liabilities actually accrued (pursuant to Subsection A of this Section) but not
previously billed and paid pursuant to this Subsection 13(1)(c) against Departmental
liabilities accrued or to be accrued as specified in Subsection A of this Section.
2. Notwithstanding the provisions of Paragraph 1 of this Subsection
B, it is expressly understood and agreed by the parties hereto that payments under
this contract are conditioned upon Contractor's full and satisfactory performance of
its obligations under this contract.
3. In addition to the limitation on payments imposed pursuant to
Paragraph 1 of this Subsection B, it is expressly understood and agreed bythe parties
hereto that if the Contractor fails to submit to Department in a timely and
satisfactory manner any report required by this contract or any other contract the
Department has with the Contractor, the Department may, at its sole option and in
its sole discretion, withhold any or all payments otherwise due and owing Contractor
hereunder. If Department withholds such payments, it shall notify the Contractor in
writing of its decision and the reasons therefor. Payments withheld pursuant to this
paragraph may be held by the Department until such time as the delinquent
obligations for which funds are withheld are fulfilled by the Contractor.
4. In addition to the limitations on payment imposed pursuant to
Paragraphs 2 and 3 of this Subsection B, it is expressly understood and agreed by the
parties hereto that Department may, at its sole option and in its sole discretion,
withhold from payments to Contractor any amount not exceeding fifteen percent
(15%) of each claim by Contractor for reimbursement hereunder which Department
would otherwise be obligated to pay to Contractor but for its option to withhold such
amounts. Payments withheld pursuant to this paragraph may be held by Department
until such time as all liabilities under this contract or any other contract between
Department and Contractor terminating prior to or concurrently with the termination
of this contract have been finally determined by the mutual agreement of
Department and Contractor or through administrative or judicial determination.
Within a reasonable time following such determination, Department shall pay to
Contractor the amount of Department's remaining liability finally determined.
5. It is further expressly understood and agreed by the parties
hereto that Contractor's performance upon which final payment is conditioned shall
Page 8 of 18
include, but not be limited to the following:
(a) Contractor's complete and satisfactory performance of its
obligations for which final payment is sought;
(b) timely submission to the Department of the final close-out or
expenditure report required under this contract, and
(c) timely submission of the audit report required under this
contract.
Prior to Contractor's performance of the above -listed obligations, the Department
may, at its sole option and in its sole discretion, withhold the final payment, in whole
or in part, until such time as Department has determined from such final report
and/or audit the final amount owing under this contract. Within a reasonable time
following the determination by the Department of the final amount owing under this
contract, the Department shall pay to Contractor the amount determined by
Department to be the final amount owing under this contract.
6. Notwithstanding any other provision of this contract, it is
expressly understood and agreed by the parties hereto that the Department may, at
its sole option and in its sole discretion, offset any amounts withheld or otherwise
owing to the Contractor hereunder against any amount owing but unpaid by
Contractor to Department arising from this or any other contract between
Department and Contractor.
7. It is expressly understood and agreed by the parties hereto that
any right or remedy provided for in this Subsection B or in any other provision of this
contract shall not preclude the exercise of any other right or remedy under this
contract or under any provisions of law, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other rights or remedies. Failure to
exercise any right or remedy hereunder shall not constitute a waiver of the right to
exercise that or any other right or remedy at any time.
C. Excess Payments
Contractor shall refund to Department any sum of money which has been
paid by Department which Department determines (1) has resulted in overpayment to
Contractor or (2) has not been spent strictly in accordance with the terms of this
contract within ten (10) working days after the refund is requested by Department.
D. Limit of Liability
Notwithstanding any other provision of this contract, the Metal of all
payments, liabilities and other obligations made or incurred by the Department
hereunder shall not exceed the sum of Thirty Thousand One Hundred Seventy
Three and 00/100 Dollars
Section V. Reporting Requirements
A. Financial Status Report
The Contractor shall submit monthly a Financial Status Report on a form
like that made a part of this contract as Attachment IV. The Contractor shall
prepare these reports on an accrual basis. Such reports shall be listed by functional
heading which shall include the following:
Salaries and Wages - Includes pay net any deductions made for meals
and quarters furnished.
Fringe Benefits - Includes only FICA cost for enrollees. Staff cost
shall include employer's share of fringe benefits such as Social
Security, health insurance, workmen's compensation, etc.
Travel - Includes transportation of enrollees and staff to and from
prod ct sites and staff transportation to and from training sites and
for enrollee selection and recruitment. When applicable, travel cost
shall include rate per mile, per diem, and other types of travel
expenses which are normally authorized for Contractor employees.
Equipment - Includes the purchase of any equipment necessary to
carry out the project. Includes required items such as safety
equipment.
Page 9 of 18
Supplies - tneludes supplies neec•ssary to carry out the project both in
the field and administratively. Includes such items as materials,
vtdriele opc•r•:itilal rind mainten+ince, equipment operation and mainte-
nam!e, and fond (r•e,;ir+cntinl camps only).
Conlraetual '(rnir;portntion vehicles, heavy earth moving equipment,
repr•ndu<•liun ecpiilrmr•nl.
(Ahil-Y - Start ill) exls•nses, pro rFim pinmring, training, postage, utilities,
telephone, audit, medical. first-nid, printing, advertising, office space,
ennip opening mid closing cost.~.
Indirect Costs_ - Includes indirect cost to operate program. Contrac-
tor must have nn approved indireet cost plan.
Program Ineotne -- Includes income from meals and lodging tat
residentinl projects and any other income arising from the project.
'file Contractor shall submit these reports to the Department's Children
and Youth Service- I)ivi,.ion 1- the loth day of each month with a requisition
for payment that i,; t:ulmut ted to the lk,parement for reimhursement.
B. Final Financial Status Reports
"Ihe (.ontractor shall maintain fi,wal records and supporting documents
for all expanditures of fond-; uroIer this contract. The Contractor shall submit
-i l i na l 1: i nanc i a l :",l rrtru. Pel„rr t on a (arm like t ivi t. described in At taclunent IV.
'1•he Contractor ;hall sO m i t t hi, final report to the Department's (hi ldren and
Youth Services Division within thirty (30) da.�, after the tctmination of the
contract .
C. Y ACC Work Accomplishment Reports
The Contr;u"tor '•'call �,trhmit rr t;u:arterly Y•\CC Work Project Report oil a
form I ibc that untie a Dart of this contract as Attachn!cnt V. 'ihe Contractor shall
Submit this (Iraarterly report to the ik�par•tnrnt's Children and Youth Services
Divi�.ion within ten 1111) dav,. after the (lttatter corcred by the report.
I). Audit Iteyuiremrfi!
'I'll(! Cotitractor shall tir•range t'or an independent audit by the local
government audit staff, a certified public accountant, or an audit firm of funds
received under thN contract. Tho Contrnetor assures that the audit shall be
conducted in compliance with the requirements of attachment G of OMB 6?cular A-
102 Revised, 42 Fed. Reg. 45831--45832 (1977), Cis if such requirements were directly
applicable to the Contractor. The results of this audit shall be submitted to the
Ik�purtment's 17tildren and Youth Sei%-ices Division within sixty (60) days after
the tennination of this routrait.
Section Vl. Records Retention
A. The Contractor shall retain all financinl records, supporting docu-
ments, and statistical records relating to its YACC Project for a period of three
years and shall comply"with all requirements in Attachment C of OMB Circular A-102
Revised, 42 Fed. Reg. 45829-45930 (1977), as if such requirements were directly
applicable to the Contractor.
B. The Contractor shall submit such other reports on the operation and
performance of this contract as may be required by the Department. The
Department may use any reports submitted by the Contractor to measure accomplish-
ments in achieving objectives statetl in this contract.
Section VII. Department Monitoring
The C:on frnctor shall perinit the Dcpnrtinent to inspect and shall make
available to the Department for inspeetion any or all pertinent records, files,
information or other written inateritils maintained by the Contractor or any person or
other entity with whom nny portion of the performance hereunder has been
subcontracted. The C'ontrnetor• shtill permit the Department free access to all
premises under its control or under the control of any person or other entity with
1':it,e 10 of 18
whom any portion of the performance hereunder has been subcontracted. The
Department may use these inspections to ascertain whether the Contractor is
operating its YACC Project in accordance with the provisions of this contract and
with the procedures required by applicable statutes, regulations, rules and laws.
Section VIll. Independent Contractor
It is expressly understood and agreed by both parties hereto that the
Department is contracting with the Contractor as an Independent Contractor and that
the Contractor, as such, agrees to hold the Department harmless and to indemnify it
from and against any and all claims, demands and causes of action of every kind and
character which may be asserted by any third party occurring or in any way incident
to, arising out of, or in connection with the services to be performed by the
Contractor under this contract.
Section IX. Subcontractin
A. Contractor shall subcontract for the performances specified herein
only where such subcontracts and the subcontractors are expressly specified herein or
with the prior written approval of such subcontracts and subcontractors by the
Department. Contractor, in subcontracting any of the performances hereunder, shall
legally bind subcontractors to perform subject to all the duties, requirements, and
obligations specified of Contractor herein with respect to such performance or any
portion thereof.
B. In no event shall any provision of this Section, specifically including
the requirement that Contractor obtain the prior approval of Department on
Contractor's subcontracts, be construed as relieving Contractor of the responsibility
for insuring that the performances rendered under all 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 hereunder.
C. The Contractor agrees that it will not execute any subcontract for
performances hereunder pursuant to which the funds and resources provided the
subcontractor under the terms of the subcontract would be substituted for funds and
resources from other sources or would in any way serve to reduce the resources,
services or other benefits which would have been available to, or provided through,
the Contractor or subcontractor had such subcontract not been executed.
D. The Contractor agrees that in all subcontracts it executes for
performances hereunder the contractual relationship shall be governed by the
principles stated in the "Conflict of Interest" and "Nepotism" provisions herein and
that all subcontracts shall contractually bind Contractor and its subcontractors to
abide by such principles.
E. Departmental approval under this Section does not constitute
adoption, ratification, or acceptance of Contractor's or subcontractor's performance
under this contract. Department maintains the right to insist upon Contractor's full
compliance with the terms of this contract, and by the act of approval under this
Section, Department does not waive any right of action which may exist or which may
subsequently accrue to Department under this contract.
Section X. Oral and Written Agreements
A. All oral and written agreements, relating to the subject matter of
this contract and which were made prior to the date of commencement specified in
Section III, between the Contractor and the Department have been reduced to writing
and are contained herein.
B. The below enumerated and denominated attachments of the number
of pages indicated are hereby made a part of this contract.
1. Attachment I, Budget (1 Page)
2. Attachment II, State of Texas Purchase Voucher (1 Page)
3. Attachment III, Contractor Performance Statement 0 Page)
Page 11 of 18
4. Attachment 1V, Financial Status Report (1 Page)
5. Attachment V, Young Adult Conservation Corps Work Accom-
plishment Report (2 Pages)
Section Xi. Amendments and Changes
A. Any alteration, addition, or deletion to the terms of this contract
which are required by changes in Federal laws or Federal regulations promulgated
pursuant thereto are automatically incorporated into this contract without written
amendment hereto and shall go into effect on the date designated by the law or
regulation.
B. If the Contractor cannot conform to changes required by Federal laws
or Federal regulations promulgated pursuant thereto, the Contractor shall notify the
Department in writing no later than the effective date of such law or regulation that
it cannot conform. The Department shall then establish the standards for the
termination of the Contractor's YACC Project and shall terminate the contract as
soon as practicable.
C. Any budget revision request or deviation from its budget by the
Contractor shall be made in accordance with and governed by Attachment K of OMB
Circular No. A-102 Revised, 42 Fed. Reg. 45844 (1977). The Contractor shall use the
amendment procedures set out in subsection D of this Section for any such revision or
deviation.
D. Any alteration, addition, or deletion to the terms of this contract
shall be by amendment hereto in writing and executed by both parties hereto except
as may be expressly provided for in some other manner by the terms of this contract.
Section XII. Order of Precedence
In the event that there are conflicts among the provisions of this contract,
the conflicts shall be resolved by giving precedence to the sections appearing on the
first seventeen (17) pages of this contract and all amendments thereto, over the
attachments to this contract and the amendments thereto.
Section XII[. Equal Opportunity
The Contractor agrees that it shall comply with the following Equal
Employment Opportunity (EEO) Requirements:
A. The Contractor covenants that no person with responsibilities in the
operation of any program funded under this contract will discriminate with respect to
any employee program participant or any applicant for participation in such program
because of race, color, religion, sex, national origin, age, handicap or political
affiliation or belief.
B. The Contractor shall comply with Title VI of the Civil Rights Act of
1964, as amended, [42 USC 2000 Ml ,which is incorporated herein by this reference as
if fully rewritten, and covenants that no person in the United States shall, on the
grounds of race, color, sex, national origin, age, handicap or political affiliation or
belief be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Contractor
herein receives financial assistance, and will immediately take any measures
necessary to effectuate this requirement.
C. The Contractor shall comply with Title VII of the Civil Rights Act of
1964, [42 USC 2000 (e)] as amended, and Executive Orders 11246 and 11375, which are
incorporated herein by this reference as if fully rewritten, and covenants that no
employee or applicant for employment will be discriminated against because of race,
color, sex, religion, or national origin.
D. The Contractor shall comply with the Equal Pay Act of 1963 (29 USC
201-219), as amended, which is incorporated herein by this reference as if fully
rewritten, and covenants that it will not practice wage differentiation in employment
based on sex.
Pale 12 of 18
E. The Contractor shall comply with the Age Discrimination in Employ-
ment Act, as amended (29 USC 626) and Executive Order 11141, which are incorporated
herein by this reference as if fully rewritten, and covenants that it will not practice
discrimination against an employee or applicant for employment on the basis of ^oe.
The Contractor shall not discriminate in employment against any person because of
his or her age or specify in solicitations or advertisements, a maximum age limit
except and unless it is based upon a bona fide occupational qualification, retirement
plan, or statutory requirement.
F. The Contractor shall take Affirmative Action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, sex, religion, national origin, or condition of physical or
mental handicaps, provided, however, in the instance of a handicapped person, that
the person's handicap does not prevent that person from doing the job that person
would be hired to perform. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising, layoff or termination, rates of pay nr other forms of compensation; and
selection for training, including apprenticeship. The Contractor also covenants to
post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the Department's EEO Officer setting forth the provisions
of this non-discrimination clause.
G. The Contractor covenants that it will develop and implement a
written Affirmative Action Plan to institute the provision of Subsections A-F above,
which shall include (1) a utilization analysis, (2) goals and timetables, and (3) action -
oriented programs. Contractor also covenants that it will comply with any
requirements for changes to said plan requested by Department's EEO Officer in
accordance with applicable law.
H. The Contractor shall, in all solicitation or advertisements for
employment placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex, national origin, or condition of physical or mental handicaps, provided,
however, in the instance of a handicapped person, that the person's handicap does not
prevent that person from doing the job that person would be hired to perform.
I. The Contractor shall include the provisions of this Section in every
subcontract for performances funded under this contract so that such provisions will
be binding upon each subcontractor. The Contractor will take such action with
respect to any subcontract as the Department may direct to enforce such provisions,
including action for non-compliance.
Section XIV. Affirmative Action for Disabled Veterans of the Vietnam Era
(This section is applicable pursuant to 41 C.F.R.§ 60-250 (1977) only
if the Department's maximum funding obligation under subsection (D) of Section IV
is $10,000.00 or more. The application of this section shall be governed by the
regulations found at 41 C.F.R. § 60-250.)
A. The Contractor agrees that it shall comply with Section 402 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regula-
tions and orders relating thereto which are incorporated herein by this reference
as if fully rewritten, and covenants that it will take affirmative action to
employ and advance in employment qualified veterans and disabled veterans of the
Vietnam era and will not discriminate in an employment situation against mentally
or physically handicapped or disabled veterans or against otherwise qualified
Vietnam Era Veterans, if such individuals are capable of performing the work
involved in the employment situation.
B. The Contractor will include the provisions of this Section in every
subcontract or purchase order of $10,000.00 or more unless exempted by rules,
regulations, or orders of the Secretary of the United States Department of Labor,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as the Department may direct to enforce such provisions, including action
for noncompliance.
Page 13 of 18
Section XV. Affirmative Action _for Handicapped
(This Section is applicable pursuant to 41 C.F.R.§ 60-471 (1978), if the
Department's maximum funding obligation under subsection (D) of Section IV is
$2,500.00 or more. The application of this section shall be governed by the
regulations found at 41 C.F.R.§ 60-471.)
A. Contractor agrees that it shall comply with Sectic,n 503 of the
Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act
Amendments of 1974, Pub. L. 43-516, and the rules, regulations, and orders
relating thereto, which are incorporated herein by this reference as if fully
rewritten, and covenants that it will take affirmative action to employ and
advance in employment qualified handicapped individuals and will not discriminate
in an employment situation against handicapped individuals if such individuals
are capable of performing the work involved in the employment situation.
B. The Contractor will include the provisions of this section in every
subcontract or purchase order of $2,500.00 or more unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
503 of the Rehabilitation Act of 1973, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase as the Department may direct to enforce
such provisions, including action for noncompliance.
Section XVI. Political Activi
None of the performances rendered hereunder shall involve, and no portion
of the funds received by the Contractor hereunder shall be used for any political
activity (including, but not limited to an activity to further the election or defeat of
any candidate for public office) or any activity undertaken to influence the passage,
defeat or final content of legislation.
Section XV1I. Sectarian Activity
None of the performances rendered hereunder shall involve, and none of
the funds received by the Contractor hereunder shall be used for any sectarian
activity nor shall any facilities used in the performance of this contract be used for
sectarian instruction or as a place of religious worship.
Section MIT. Nepotist
A. Neither the Contractor nor any of its subcontractors shall hire any
person in an administrative capacity, staff position, or enrollee position funded under
this contract if a member of such person's immediate family is employed in an
administrative capacity for the Contractor or any of its subcontractors.
1. For the purposes of this section, the term "member of the
immediate family" includes: wife, husband, son, daughter, moth-
er, father, brother, brother-in-law, sister, sister-in-law, son-in-
law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
piece, nephew, stepparent, and stepchild.
2. For the purposes of this section, the term "administrative
capacity" includes those persons who have overall administrative
responsibility for the YACC Project including all elected and
appointed officials who have any responsibility for the obtaining
of and/or approval of the YACC Project, as well as other
officials who have influence or control over the administration of
the YACC Project, such as the project director, deputy director,
or any persons having selection, hiring, placement, or supervisory
responsibilities for the project.
3. For the purposes of this section, the term "staff position" means
any project position of Enrollee Leader, Assistant Enrollee
Leader, instructor, counselor, or other YACC Project staff
involved in administrative, training, or services activities.
Page 14 of 18
B. The Contractor assures that it shall in no way exercise its hiring
authority used in the performance of this contract to confer any monetary or other
benefit arising directly or indirectly from this contract upon any member of its
immediate family.
C. The Contractor assures that it shall in no way exercise its hiring
authority used in the performance of this contract in a manner that would violate the
State law relating to nepotism (Article 5996a, TEX. REV. CIV. STAT. ANN.).
Section XIX. Conflict of Interest
A. The Contractor shall establish safeguards to prevent members of its
governing body, its staff members, subcontractors, or employees from using their
positions for a purpose that is or gives the appearance of being motivated by desire
for private gain for themselves, or others, particularly those with whom they have
family, business or other ties.
B. The Contractor covenants that neither it nor any member of its
governing body presently has any interest nor shall not acquire any interest, direct or
indirect which would conflict in any manner or degree with the performance of
services required to be performed under this contract. The Contractor further
covenants that in the performance of this contract no person having any such interest
shall be employed or appointed as a member of its governing body.
C. No officer, member, or employee of Department and no member of
its governing body, and no other public official of the governing body of the state or
locality or localities in which the contract is being carried out who exercises any
functions or responsibilities in the review or approval of the undertaking or carrying
out of this contract, shall (1) participate in any decision relating to this contract
which affects his personal interest or the interest of any corporation, partnership, or
association in which he has a direct or indirect interest; or (2) have any interest,
direct or indirect, in this contract or the proceeds thereof.
D. No members of or Delegate to the Congress of the United States of
America, and no resident commissioner shall be admitted to any share or part hereof
or to any benefit to arise therefrom.
Section XX. Compliance with Act, Regulations and other Applicable Law
A. The Contractor shall comply with the requirements of the Act and
with the rules and regulations promulgated thereunder. %.
B. The Contractor shall conduct its activities funded under this contract
and shall comply with the terms of this contract in such a manner so as to prevent or
to correct a breach of the Department's contract with the United States Departments
of Agriculture and the Interior to operate YACC projects under the Act.
C. The Contractor shall comply with Federal Management Circular
(FMC) 74-4 and Office of Management and Budget Circular (OMB) No. A-102 Revised,
42 Fed. Reg. 45828-45891 (1977), and all revisions thereof, to the extent and in the
manner determined by the United States Departments of Agriculture and the Interior
to be applicable to the Contractor and which concern the utilization of funds, the
procurement of goods and services, the operation of projects, and the maintenance of
records, books, accounts, and other documents under the Act.
D. The Contractor shall comply with all applicable statutes, ordinances,
codes, regulations, rules, and other law of the state and local governments.
Section XXI. Legal Authority
A. The Contractor assures and guarantees that it is a public or non-
profit private agency or organization which has been in existence for at least two (2)
years and that it possesses the legal authority, pursuant to any proper, appropriate
and official motion, resolution or action passed or taken giving the Contractor legal
authority to enter into this contract and to perform the service the Contractor has
obligated itself to perform under this contract.
B. The person or persons signing this contract on behalf of the
Contractor warrant and guarantee to having been duly authorized by the Contractor
to execute this contract on behalf of the Contractor and to validly and legally bind
the Contractor to all terms, performances and provisions herein set forth.
Page 1G of 18
C. The Department shall have the right, at its option, to either
temporarily suspend or permanently terminate this contract if there is any dispute as
to the legal authority of either the Contractor or the person signing this contract to
enter into this contract. The Contractor is liable to the Department for money it has
received from the Department for performance of the provisions of this contract, if
the Department has suspended or terminated this contract for the reason set aside in
this section.
Section XX l 1 . Te rnu na t i on
A. Under the terms of the Department's grant from the United States
Departments of Agriculture and Interior, the Secretaries of those Departments have
the power to terminate Department's grant effective upon notice of termination, if
activities that are funded by the grant have not been carried out in compliance with
the grant. This contract shall terminate in the event that the Secretaries of
Agriculture and the Interior so terminate the Department's grant; the termination of
the contract shall occur on the same date as the termination of the Department's
grant.
Upon receipt of notice of termination from Department, the
Contractor shall discontinue further commitments of funds pursuant to this contract,
cancel all subcontracts scheduled for payment with funds received pursuant hereto,
and within ten (10) days after receipt of notice of termination supply the Department
with a final financial statement, and repayment of any unused portion of funds
advanced or a request for reimbursement for allowable expenditures incurred in the
program before termination, in accordance with Section IV(B) of this contract.
B. Either of the parties hereto shall have the right, in such party's sole
discretion and at such party's sole option, to immediately terminate and bring to an
end all performances to be rendered under this contract by notifying the other party
hereto in writing of such termination. Should neither party exercise its right to
terminate, this contract shall terminate in accordance with Sections III, IV or XV,
whichever first results in termination.
C. Upon termination or receipt of notice to terminate whichever occurs
first, the Contractor shall cancel, withdraw or otherwise terminate any outstanding
orders or subcontracts which relate to the performance of this contract and shall
otherwise cease to incur costs hereunder.
D. In no event shall the Department be liable to the Contractor or the
Contractor's creditors for expenses incurred after the termination date.
E. In the event that the Contractor has not exhausted the amount of
money allocated to it in Section IV(D) at the date of termination, the Contractor shall
return to the Department within thirty (30) days and in the manner prescribed by the
Department all unexpended and uncommitted funds.
F. The Contractor agrees that the payment of enrollee salaries is the
sole obligation of the Administrative Service Center, Bureau of Reclamation and that
the Department shall not be held liable for default by the Administrative Service
Center. In the event of payroll default by the Administrative Service Center, the
Contractor shall have the right to immediately terminate this contract by notifying
the Department in writing of the determination to terminate for the reason of default
on payroll payments by the Administrative Service Center. Upon notice to the
Department of termination, the Contractor shall discontinue further commitments of
Department funds, and within ten (10) days after sending the notice of termination
shall supply the Department with a financial statement, along with a refund check for
any unused portion of funds advanced, or a request for reimbursement for allowable
expenditures incurred in the program before termination.
G. The parties to this contract and agreement understand that nothing in
this Section of the contract is intended in any way to relieve the Contractor or the
Department from any and all obligations under the appropriate rules and regulations
affecting this contract.
Page 16 of 18
'Section XXIII. Copyright
Where activities supported by this contract produce original books,
manuals, films, computer programs (including executable computer programs and
supporting data in any form), or other copyrightable material, the Contractor may
copyright such, but Department reserves a royalty -free, non-exclusive, and irrevoca-
ble license to produce, publish and use such materials, and to authorize others to do
SO. Disposition of royalties will be determined by Department. Provisions
appropriate to effectuate the purposes of this section must be in all employment
contracts, consultants' agreements, and other contracts in which funds received under
this contract are involved.
Section XXIV. Travel
A. Except as otherwise provided herein, the Department shall reimburse
the Contractor for travel and per diem expenses at the rates established by law for
the Department's employees in classified positions.
At the Contractor's option, it may submit to the Department a "Local
Travel Policy" for use in lieu of the Department's policy for travel and per diem. The
Contractor's "Local Travel Policy" shall consist of a written statement delineating
the rates which the Contractor shall use in computing travel and per diem expenses of,
its employees. The Department shall review any "Local Travel Policy" submitted by
the Contractor and shall approve it only in the event that the Department determines
that such "Local Travel Policy" is reasonable and otherwise acceptable for the
purposes of this contract. Upon approval, the Department shall reimburse the
Contractor for travel and per diem expenses at rates which are in accordance with
the Contractor's "Local Travel Policy."
During the period, if any, subsequent to the commencement date of
this contract, but before approval of the "Local Travel Policy" by the Department,
the Department shall reimburse the Contractor for travel and per diem expenses at
the rates established by law for the Department's employees in classified positions.
B. The Contractor must have the prior written approval of the
Department before it may use funds under this contract to pay for travel and per
diem, except that travel within the County of Lubbock Texas
which is necessary for the performance of this contract by Contractor shall not
require prior Departmental approval. Payment for travel shall be made only for those
personnel in budgeted staff positions. In no event shall the aggregate of all payments
from Department to Contractor exceed the amount specified for travel in
Attachment I (Budget) of this contract.
Section XXV. Enrollee Conmlaints
A. The Contractor shall establish a grievance procedure for resolving
enrollee complaints and issues which arise between it and any enrollee regarding
adverse action, civil rights, equal employment opportunity, enrollment, or upgrading
from the time at which such enrollees are referred from an employemnt service/job
service to the time of formal termination. This grievance procedure shall comply
with the requirements set forth in the Department's "YACC Grievance Procedure,"
Contractor's receipt of which is acknowledged by the execution of this contract.
B. The Contractor shall give each participant and shall make available
to each applicant a written copy of the grievance procedure, and shall retain in each
participant's file a signed copy of TDCA-E0-4, a form attached to the "YACC
Grievance Procedure."
C. In case where grievances are filed, the Contractor shall provide each
grievant with a written statement of the Contractor's final determination and such
notice of the resolution of the grievance shall include written notice of the procedure
by which the grievant may appeal that final determination.
Page 17 of 18
D. Contractor and its subcontractor(s), if any, participants in any of
Contractor's programs, employees of Contractor, or other persons acting on
Contractor's behalf, shall not intimidate, threaten, coerce, or discriminate against
any individual or organization because the individual or organization has filed a
complaint(s), intends to file a complaint, or instituted a proceeding under the Act,
testified or is about to testify, assisted, or participated in any manner in an
investigation, proceeding, or hearing under the Act.
WITNESS OUR HANDS EFFECTIVE this Ist day of October, 1979.
Signed: "Y
Dirk West, Mayor
City of Lubbock
Approved and accepted on behalf of the Texas Deparfrn- .,t of Community Affairs, an
agency of the State of Texas.
M�A2 AR,)c
Omar Har .y
Executive irector
Texas Department of Community Affairs
This contract is not effective unless signed by the Executive Director of the
Department.
Reviewer
Division
Legal Cc
Avvravc0afm
Fiscal Di
----------------------
Pagc 18 of 18
ATTACHMENT III
WORK ACTIVITIES PLAN
October 1, 1979 - September 30, 1980
CONTRACTOR SHALL FULLY AND SATISFACTORILY PERFORM THE PERFORMANCES WHICH ARE
LISTED AS FOLLOWS:
Contractor Entity: City of Lubbock
I. Yellowhouse Canyon Lakes
A. Water and Soil Conservation
1. Development of erosion control by planting approximately 10
area of ground cover and vegetation to control soil erosion
on the slopes of the canyon.
B. Timber Management
1. Clean and remove approximately 150 acres of brush and undergrowth
for more available access to canyon.
2. Implace approximately 500 trees and/or shrubs in the canyon.
3. Prune and clean up approximately 100 acres of trees and undesirable
growth in the canyon area.
C. Engineering and Construction
1. Develop approximately 3,000 linear feet of jogging and nature trail
in and around the canyon.
D. Inclement Weather Activities
1. First -aid training Location: Mackenzie Park Shop
2. Tool maintenance
3. Park -sign construction
4. Assembly of picnic units and barbecue grills
Page 1 of 1
uired by this form is submitted and approved in writing by
....,..1 ,.+:nn T..e+v.. +-0.--11 C4A� D Dom..+ 11TT
1. City of Lubbock Parks and Recreation 2. P.O. Box 2000 _
Full Legal Name of Contractor Address
3. Lubbock Texas 79457 4'. (806) 762-6411, ext. 2660
City State Zip Telephone: Area Code & Number
REQUIRED CONTRACTOR INFORMATION AND DOCUMENTATION PART II
Document
Required Contractor Previously Attached
Information Description Submitted (X)
5. # 17560005906008 X
State Comptroller Vendor Number
6: Organization's Articles of Incorporation or Charter
7. Organization's By -Laws or Rules
8,. Name(s), Title(s) and Documentation of Person(s)Dirk West, Mayor X
Authorized To Sign A Contract With TDCA
9. Previous Audit
X
10L. Current Approved Fidelity Bond ( Expiration Date ) X
17. Documentation of Compliance With (Either/Or)
(Total Number of Employees In Organization
A. TDCA HRA 1, 2, 3 _
B. Federal EEO-4 or 6 X
C. AAP For additional requirements, see Part VIII.
City of Lubbock
I am the chief financial officer of Parks add Recreation (name of contractor) and,
in this capacity, I will be responsible for providing financial services adequate to ensure the
establishment and maintenance of an accounting system for the organization. The accounting
system and internal control procedures will be adequate to safeguard the assets of this agency,
check the accuracy and reliability of accounting dat promote op ating efficiency, and will
assure compliance with prescribed management poliCiek t e cy.,.�
�CP�eved
John H. Alford K �m Q'i.-
Date Signed Name of Financial Officer Si n ture of Financial Officer
I, hereby, cert
rrect and true.
Dirk West,
,�
all intormation
ur
erso i yin
rm and documentation which is attached to be
9/13/79
sed Contractor Signature Date Signed
Continent
I have reviewed all information and documentation submitted by
(Proposed Contractor's Name) and recommend approval/disapproval of proposed contractor as
eligible for contracting with TDCA.
(To be completed onZy if disapprovaZ is recommended) Disapproval is recommended base on
deficiencies in information/absence of documentation for the following items:
Item
the Texas Department of Community Affairs.
Item Instruction
1-4 Self Explanatory
5 Correct Vendor I. D. Number as assigned by the State Comptroller's Office. If
organization does not have a number, evidence of application will be considered
as temporary documentation.
6 Submit copy of the most current articles of incorporation (as amended, if amended)
on file with the Secretary of State's Office, for corporate (profit and non-
profit) organizations. Submit copy of current charter or constitution (as amended,
if amended) on file with the Secretary of State's Office, for labor unions. This
item applies only to corporate (profit and non-profit) organizations and labor
unions.
] '_ Copy of bylaws/rules currently used. This item applies only to corporate (profit
and nonprofit) organizations, regional planning councils organized and operating
pursuant to'TEX. REV.CIV.STAT.ANN. art. 1011m, and labor unions.
$ A certification executed by those officers or employees of the organization having
the authority to carry out the performance contemplated by a contract and which
.designates the person or persons who can execute the contract on behalf of the
s_ c ,, .._ organization and legally bind the organization to the terms of the contract.
9 :ff organization has contracted with TDCA under a contract which terminated within
the past two years, submit a copy of the financial audit conducted on that con
- -tract if such an -audit .was performed and, if such audit has been completed.
Otherwise, submit organization's most recent general financial audit.
?he fidelity bond must be in an amount prescribed by the contract and otherwise in
accordance "' x .emu• h ther prescribes any requiremterms
s relating of the ntoaapplicablect t bonds. Ifthecontbonding. contract does not prescribe
# = any bonding requirements, the fidelity bond must be for a minimum of $10,000 or
an amount equal to the proposed contract, if less than $10,000.
This item dos not a i to an o anization with less than 15 employees.
ADDITIONAL ELIGIBILITY REQUIREMENTS (PART VIII)
The following additional items are required for this proposed Previously Attachec
contract Submitted M
_ 12.
14.
ATTACHMENT I
Vr/n ADD^ vul ne. i1n KV[N
APPLICATION FOR FEDERAL ASSISTANCE (Short Form)
PART II - BUDGET DATA
o.N. a... C..e.I..
ENROLLEE
STAFF
TOTAL
1. Personnel
63,672
13,732
77,404
1. FtirpBerelAs
1. Eauip�b
s. ;uyplles------... ....___--
6 Contractual
1. Conslrucbon
8.Otter
4,155
- — ------
3,433
1,100
---10,808 ..._..
7,588
1,100
10,808
- 0 -
- 0 -
0 - - —
- 0 -
800
800
9. Total Ouect Charles --------- — _- —,� —
10. Indirect Charges
11. TOTAL _ — —67 827 30,173 9,8 000
l2. Fedeul Snaa
13. KoiWedetal Stun
IN. Pingram Income ----- —__
13. Detail on Itduetl Cells_
Type of Rale (Mark one boll [ Provrslorul r� PlWelerglned
l.1 Frnal (7 Faced
Rate—_--� S Haw$ __..—.___. Total AnnumS
PART III
Pregrore NVrrorive Stoteaewt
(An.• A den 1...I • p..u, It w.• u..,)
Page I of 1
ATTACHMENT 11
Comptroller's Form 3A0a-1.01 (Rev. 9•771
a. Agency Voucher No.
STATE OF TEXAS PURCHASE VOUCHER
a.`Tnna Code b. Batch No.
c. Agency No.
d.
1 090 3 4
t 7 33z f
I. Comptroller's Voucher No.
H
_
is
24 70
.
Agency Name
TEXAS DEPT. OF COMMUNITY AFFAIRS
It. Order Dote
equ bon o." -
P.O. Itor 131W. Cap1101 Sta"o A.1K TX 76711
37 42
.
Invoice Date
k. Voucher Amount
1. Payee Reference No.
m. o ontrot o.
10 is 43
4a
4! tf
6o 73
74 N
p n. PM
q.
r.
s.
It 22 24
Fund
No.
Fy
2! 2
Cost
Canter
27 71
Comp.
Object
32 33
Agency
Object
Amount
2t s{
Vendor
Invoice N.
tt 74
o. Comptroller's Vendor I.O. No.
. Agency Voucher No.
47
1 a7
16
22
"'Pay To: (Name, Address. City, Sue, Zip)
1
47 73
2
3
4
(Agency Use)
Y•
TOTAL
s9EERY
DA
DATE
�' DESCRIPTION OF ARTICLES OR SERVICES
UANTIY Tbb.tx
Q
UNIT
PRICE
dd.
AMOUNT
VENDOR CERTIFICATION — ce-
AGENCY CERTIFICATION — H'
I certify that the above sonloss were rendered, or goods received, and that
they correspond in awry particular with the contract under which they were
1, do
procured and that the Invoice Is true, and unpaid.
hereby certify that 1 am
Name Title
ITn14 at person certifying)
and that 1 am duty authorised to make this certification for and on behalf of
Name This
Date Approved for Payment 19 _
(Name of pays* company/olalment)
1 further certify that the atuchad Invoice Is correct and that it corresponds
Name Tits.
in awry particular with the supplkr and/or services contracted for. 1
further cartlfy that the account le true, correct• and unpaid.
Name
PRICES ABOVE ARE APPROVED
By
signature
/oard of Control
Page 1 of 1
ATTACHMENT IV
Tr, DEPT. OF COMMUNITY AFFAIRS - CHILDREN AN'D YOUTH SERV;CES DIVISION -FINANCIAL STATUS REPORT
SECTION I-Gontract Information _
1.Contractor's Name 6 Address. 2.Contract N 4.Contract Period 'r
From:
1. Rerx)rt H
To:
Type of Camp
r—IResidential
C]Non-Residential
6.Report Period 7.Date Report Prepared 8.Program Title 1t,1:)p UJt UNLT J
Date Report Rece)-ed
SECTION 1I-Status of Funds by Cost Cateaory
Cost
Category
TOTAL BUDGETED
TOTAL 1111S 4114'
CU"fULATIVE TOTAL
'. e _
Enrollee
Staff
Enrol1ce
Staff
Enrollee•
Staff
Enrollee
Stal
Salaries
1 • h 'gages
2 Fringe
Benefits
3. Travel
4. Equipment
5. Supplies
6. Con tracttan I
7. Other
S. Indirect Cost
9. Totals
10. Program
Income
SECTION III-Certification:I certify that to the best of my knowledge and belief that this report
is correct and that all outlays and obligations are for the purpose set forth in
the contract aareement.
Report Prepared By.
Titles:
Date Report Submitted:
Telephone:
Signature:
Date Signed:
Typed Name of Authorized Official:
Title:
"Residential program only Page 1 of I
FORM- YSD 0011
ATTACHMENT V
Arc -5
n-
N o
furtAcrr mon�eR
or ot.e benetlts may be paid Out under tnzz- "►
.&.D.7_ r
program unles-
this report is completed and riled as required
Jj17/7-
by
existing 1t
and regulations C.F.R.
tS APPROVAL
NO.
42- R1768
'PROVAL EXPIRES
December
1980
STATE PROGRAM REPORTING FORM
YOUNG ADULT CONSERVATION CORPS WORK ACCOMPLISHMENT
NAME
12ACITY WORK DAYS QUARTER ENDING:
DEC. 31st JUNE 30th
MAR. 31st SEPT.30th *_
►ME AND ADDRESS OF PERSON TO ANSWER QUESTIONS CONCERNING THIS INFORMATION
PHONE NUMBER
IPE OF CA"IP: Q RESIDENTIAL 7-DAY NON-RESIDENTIAL
9V1TAt L'TaTC r1[DrKnrn n1'RTWr THTC ni1ARTrR'S rf-P nPPRATTOM
RESOURCE CATEGORY
APPRAISED"
VALUE ($)
WORK HOURS
I TIMBER MANAGE`ENT
1 RECREATION DEVELOPMENT d MAINTENANCE
VISITOR SERVICES
RANGE MANAGEMENT
1 WILDLIFE
! ENGINEERING 6 CONSTRUCTION
WATER d SOIL CONSERVATION
OTHER YACC PROGRAMS
TOTALS
(SEE REVERSE SIDE FOR INSTRUCTIONS)
** Submit for this reporting period the cumulative Work
Accomplishment data for year-to-date.
Page 1 of 2
rrASE REND CAREFULLY BEFORE COMPLETING THIS FORM
CAMP NAME - Self Explanatory.
STATE - Self Explanatory.
CAMP NUMBTR - Enter a two part, four digit, number constructed as follows:
The first part should be the State's designated number for the grant
(Alabama, for example is 01 and Texas is 48). The second part, should
be tt.e two digits designating the camp itself: FOR EXAMPLE: If your
Statt has only one camp, it would be enumerated 02 and so on. Thus, the
three: camps which Texas might have, would be enumerated 48-01, 48-02, and
so ot..
CAPACITY - Enter the number of enrollees allotted for the camp for the current
quarter.
WORK DAYS - Should be the number of actual days worked. EXCLUSIVE OF WEEKENDS
AND f.OLIDAYS IN A,QUARTER.
QUARTER ENDING Seif'q$xplanatory.
TYPE OF CARP - Self Explanatory.
NAME OF PERSON TQ ANSI'mR QUESTIONS CONCERNING THIS INFORMATION - Enter the _name
of the Camp Director or other responsible individual who has detailed
knowledge of--ttiis::xeporting form prepared at your camp, and who will be
available -for -any questions on the data entered.
TOTAL FUNDS EXPENDED THIS QUARTER DURING THE CAMP'S OPERATION - Indicate
the total funds, in dollars.expended by this Camp in this quarters operation.
Incluie Start -Up Expenses, Camp operating expenses, Enrollee Wages and
Benefits, Staff Wages and Benefits, and Operational Support Expenses.
KESCURCE C.kTEGORY•- The basic natural resource categories for most YACC type
projects in each camp. Please categorize the work produced by including
each jork project, its appraised value, and the number of work hours in
one of these resources, carefully. Some examples of projects in each
category follow:
1) TIMBER MANAGEMENT - Timber stand improvement, thinning, planting, harvesting,
pest control, debris and slash disposal, etc. _
2) RECREATION DEVELOPMENT AND MAINTENANCE - Camp ground construction or maintenance,.
picnic facility work, bench, grill and building construction and maintenance, etc.*
3) VISITOR SERVICE - Visitor information and guide service, restoration and
improvement of historical areas, monuments, documents Or artifacts, landscaping
and betiutificatioa, observation site work, litter pick-up and removal, etc.
4) f?ILDLIYE_- All wildlife habitat improvement, banding or making, fish tagging
:k or sto(ing, wildlife surveys, population control, etc.
S) MNGE tANAGEMENT - Vegetation control, revegetation, pond or catchment basin
work, range fence construction, etc.
6) ENGINEERING AND. CONSTRUCTION - Engineering surveys, bridge, road, and trial
construction and maintenance, telephone or electrical line work, etc.
7) WATER END SOIL CONSERVATION - Flood control projects, erosion control, stream
ditch, and channel work, well or spring development, dune and sand control,
drift fencing, water quality projects, etc.
8) OTHER 1ACC PROJECTS - Projects not covered by any Other category.
_1PPRAISED_ VALUE •- Show the total value of work a:eimpllshed in each category.
Ippraised value is the Total Value of a completed project, including materials,
labor, etc. (_Cf the project were done, not by the YACC, but by the MEANS
FORMALLY USED. if, for example, a structure were built which normally would
have been done by a contractor, indicate the approximate reneimeration that
the contractor would require, including work sunpij.es, material, transportation,
and labor. Round to the nearest dollar.
UOP.K HOURS - Enter the TOTAL number of hours, spent by all youth on the
project. _ Also include time spent travelling to aezd from the project. Do not
' include YAC:: s.-.Pff time in this column..
c) Submit this form it a7:,.ordauce With the procedures in the. YACC State Grant Procedures
Handbool..
coo ,:o e84
Page 2 of
,. ATTACHMENT V
A-tC-S =
o further mon is or other benefits may be paia out unner Trvzs- - r -- —
.S..D.7 program unles, this report is completed and riled as required
1117/7?* by existing 1t and regulations C.F.R.
tB APPROVAL NO. 42-R1768 -
'PROVAL EXPIRES December 1980
STATE PROGRAM REPORTING FORM
YOUNG ADULT CONSERVATION CORPS WORK ACCOMPLISHMENT
dP NAME STATE CAMP NUMBER
?ACITY WORK DAYS QUARTER ENDING:
DEC. 31st _ JUNE 30th
MAR. 31st SEPT.30th *�
dE AND ADDRESS OF PERSON TO ANSWER QUESTIONS CONCERNING THIS INFORMATION
PHONE NUMBER
CFE OF CA*SP: Q RESIDENTIAL 7-DAY NON-RESIDENTIAL Q
T(1TAT T•1TTK FXPFNnrn nVRTNr TP.TS 011ARTrR' S rJ!,!P nPFRATTOM
RESOURCE CATEGORY
APPRAISED'
VALUE ($)
WORK HOURS -
I TIMBER MA*IAGE.*:ENT
i RECREATION DEVELOPMENT 6 MAINTENANCE
I VISITOR SERVICES
RAGE MANAGEMENT
I WILDLIFE
} ENGINEERING b CONSIRUCTION
WATER E SOIL CONSERVATION
OTHER YACC PROGRAI•IS
TOTALS
(SEE REVERSE SIDE FOR INSTRUCTIONS)
** Submit for this reporting period the cumulative Work
Accomplishment data for year-to-date.
Page 1 of 2