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HomeMy WebLinkAboutResolution - 357 - Agreement - SPAG - Public Service Employment - 11_29_1979j '- . 11MGV:bs RESOLUTION #357 11/29/79 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 Nonfinancial Agreement between South Plains Association of Governments and the City of Lubbock, Texas, for Public Service Employment, a copy of which is 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 29th day of November ,1979. K WEST, MAYOR ATTEST:_- Edelyn Gaffga,-City Secrft Treasurer ;:APPROVED AS TO CONTENT: Tom Witt, Director of Personnel APPROVED AS TO FORM: 0 Doft:4'ld G. Vandiver, First Asst. Attorney RESOLUTION #351- 11/29/79 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS NONFINANCIAL AGREEMENT PUBLIC SERVICE EMPLOYMENT STATE OF TEXAS I COUNTY OF LUBBOCK I Section 1. Parties to the Nonfinancial Agreement. THIS NONFINANCIAL AGREEMENT, made and entered into by and between the South Plains Association of Governments, hereinafter referred to as SPAG, and the City of Lubbock, Texas, hereinafter referred to as Employing Agency. NOW, THEREFORE, IT IS AGREED, by and between the parties as follows: Section 2. Services to be provided by the Employing Agency. 1. That the Employing Agency will abide by all terms and any and/or all Department of Labor regulations which are imposed upon SPAG. The Employing Agency will abide by all subsequent revisions and modifications set forth in administrative and statutory changes imposed on or by the Department of Labor. 2. The Employing Agency, commencing on the effective date, will perform the functions set forth in this Nonfinancial Agreement, and subsequent revisions and modifications of it as negotiated with SPAG and completing said performance no later than September 30, 1980. 3. The Employing Agency will have proper facilities for the participants to work in and all equipment, supplies, and materials will be furnished by the Employing Agency. The Employing Agency shall comply with applicable federal labor standards pertaining to the worksite or training facility. The Employing Agency shall not require or permit any participant to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety. 4. The Employing Agency will be responsible for time and attendance records and will be.responsible for completion of all timesheets on participants. 5. The Employing Agency shall set wage rates, not to exceed $4.80 per hour. 6. Participants in public service employment shall abide by the personnel policies of the Employing Agency. In this aspect, the Employing Agency shall have control over the working hours of the participant. 7. The Employing Agency is responsible for the supervision and control of the participant. Section 3. Legal Authority. The Employing Agency assures and guarantees that it possesses the legal authority, pursuant to proper, appropriate and official motion, resolution or action passed or taken giving the Employing Agency legal authority, to enter into this Nonfinancial Agreement, receive the funds authorized by this Nonfinancial Agreement and to perform the services the Employing Agency has obligated itself to perform under this Nonfinancial Agreement. Section 4. SPAG's Obligations and Liabilities. 1. SPAG, through an Intake Process and the Texas Employment Commission will certify all participants as eligible to participate in public service employment. 2. SPAG will assure the following services will be delivered: a. Outreach. b. Intake Procedure. c. Orientation. d. Counseling. e. Job Development/Job Placement. f. Supportive Services. g. Payroll Services. 3. It is understood that the counseling and training activities will be at the convenience of and with the full cooperation of the Employing Agency. 4. It is expressly understood and agreed by the parties hereto that SPAG's obligations hereunder are contingent upon actual receipt of adequate funds from the United States Department of Labor to make payments to the participants under this Nonfinancial Agreement. Under these aforementioned circumstances, SPAG will not be legally liable for SPAG's failure to make payments under this Nonfinancial Agreement. The Employing Agency fully understands and agrees to this provision. 5. SPAG shall not be liable to the Employing Agency for costs incurred or performances rendered except as are strictly in accordance with the terms of this Nonfinancial Agreement. Section 5. Changes and Amendments. 1. Any alterations, additions, or deletions to the terms of this Nonfinancial Agreement which are required by changes in federal laws or federal regulations promulgated pursuant thereto are automatically incorporated into this Nonfinancial Agreement without written amendment hereto and shall go into effect on the date designated by the law or regulation. 2. If the Employing Agency cannot conform to the changes required by federal laws or federal regulations promulgated pursuant thereto, then the Employing Agency shall notify SPAG in writing no later than the effective date of such law or regulation that it cannot so conform. SPAG shall notify the Employing Agency of any proposed federal laws or federal regulations promulgated pursuant thereto which may affect this Nonfinancial Agreement immediately upon learning of such proposed law or regulation. The best interests of the participant shall be the primary consideration in establishing the standards for termination of this Nonfinancial Agreement. 3. Any alterations, additions, and deletions to the terms of this Nonfinan- cial Agreement shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided in some other manner by the terms of this Nonfinancial Agreement. Section 6. Termination. 1. Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under the terms hereof by notifying the other party in writing of such termination at least 30 days prior to the ef- fective date of termination. 2. Upon termination of this Nonfinancial Agreement for any reason, the Employing Agency shall return to SPAG within 30 days after receipt of written request for return, all records pertaining to this Nonfinancial Agreement and its programs. The Employing Agency shall return the records in the manner prescribed by SPAG. Between the date of termination of the Nonfinancial Agree- ment and the date of return of the records, the Employing Agency shall protect such records from damage, loss or destruction. 3. Upon termination or receipt of notice to terminate, whichever occurs first, the Employing Agency shall cancel, withdraw, or otherwise terminate any outstanding orders which relate to the performance of this Nonfinancial Agree- ment, and shall otherwise cease to incur costs hereunder. In no event shall SPAG be liable to the Employing Agency for expenses incurred after the termi- nation date. Section 7. Termination of Participants. The Employing Agency shall terminate a participant's enrollment in its agency in compliance with its own written personnel procedures. A participant's termination by the Employing Agency does not constitute termination from the program itself, and such participant shall be referred back to the SPAG offices for counseling and placement elsewhere. Section 8. Nonfinancial Agreement Period. This Nonfinancial Agreement will commence October 1, 1979, and shall be terminated September 30, 1980. Section 9. Maintenance of Effort. The Employing Agency shall not place a participant in.its agency in such a manner that it would result in total 'or partial displacement of employed workers by participants employed under the Act, or would result in an impairment of existing nonfinancial agreements for services. Section 10. Fringe Benefits. Each participant in a public service employment shall be assured of health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other temporary employees of the Employing Agency, and to working conditions and promotional opportunities neither more nor less favorable than such other employees similarly employed. Section 11. Unemployment Insurance. The costs of unemployment insurance as required by Section 10 above, including any of the costs of any claims filed against the Employing Agency after a participant has been terminated from the program, shall be borne by SPAG. Section 12. Promotional Opportunities. Promotion of participants shall be the prerogative of SPAG upon recom- mendation by the Employing Agency. Section 13. Worker's Compensation. 1. SPAG shall provide worker's compensation protection to participants for injury or disease resulting from their participation in any program activity funded under this Nonfinancial Agreement. 2. Such worker's compensation protection shall be at the same level and to the same extent as other employees of the Employing Agency who are covered by a State or industry worker's compensation statute. Section 14. Administration of Fringe Benefit Programs. The administration of all fringe benefit programs for participants, whether or not described herein in detail, shall be by SPAG. Section 15. Bonding Requirement. The employing agency assures that each supervisor who distributes or handles checks shall be covered by a bond in an amount of at least $25,000. Section 16. Signatures. The Employing Agency also certifies that the information in this Nonfinancial Agreement is correct to the best of its knowledge and belief and the execution of this Nonfinancial Agreement has been duly authorized. Witness our hands this 29th day of November , 1979. SPA d CITY OF LUBBOCK: te ry D. Ca teve s D rk West, Mayor cutive 11irector ATTEST: ATTEST: Secretary Evelyn Ga fga, City Sec Treasurer,,_ APPROVED AS TO CONTENT: TOIN Tom Witt, Director of Personnel APPROVED AS TO FORM: Donald G. Vandiver, First Asst. City Attorney No Text rly _5k' f) toq December 20, 1979 Mr. Jerry D. Casstevens Executive Director South Plains Association of Governments 1709 - 25th Street Lubbock, Texas 79411 w RE: Resolution #357 - Nonfinancial Agreement November 29, 1979 Dear Mr. Casstevens: Your letter of December 18, 197.9.addressed.to, City Manager Larry Cunningham has been forwarded to me for response. Only one copy of the Agreement was. -submitted to me for execution at the time this matter was placed upon the agenda for consideration,.and as the official custodian of all documents affecting City administration, I have tetained the original document.here in -my files. May I suggest you contact Tom -Witt, Director,.of Personnel, who coordinated this matter at the time it was placed upon the agenda, and ascertain what alternatives are available to semedy.the situation. Let me know if I can be of further assistance. ,Sincerely, EVELYN GAFFGA City Secretary --Treasurer cc: Tom Witt, Director of Personnel Larry Cunningham, City.Manager. r •r South Plains Association of Governments 1709 - 26th Street • December 18, 1979 PRESIDENT Medlin Carpenter Mayor Pro Tern City of Plainview Lubbock, Texas 79411 0 806/762-8721 Mr. Larry Cunningham, Manager 1ST VICE PRESIDENT City of Lubbock Alan Henry Mayor Pro TernD P.O. . 0 . pox 2000 City of Lubbock Lubbock, Texas 79401 Dear Larry: 2ND VICE PRESIDENT H.L. "Bill" Young Judge We have received copies of the non -financial agreement Dickens County between SPAG and the City of Lubbock regarding current CETA program operations. However, none of the forms transmitted to us contained original signatures. For 3RD VICE PRESIDENT Don Joyner our records we need at least one copy of the agreements Judge bearing original signatures. Could you have one of Lamb County your staff respond in this matter of administrative detail? 4TH VICE PRESIDENT Enjoyed the reception. Have a merry Christmas. Bert McWilliams City of Lubbock Sincerely, SECRETARY Cecil Sharbutt Councilman City of Levelland J rry D C stevens xecutive Director TREASURER J DC�dd Herbert Chesshir Judge Terry County IMMEDIATE PAST PRESIDENT Glenn W. Thompson Judge Cochran County DEIC 2 01979 * I CITY SECRETARY EXECUTIVE DIRECTOR Jerry D. Casstevens An Equal Opportunity Employer