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HomeMy WebLinkAbout08051 ORD - 06/08/1966• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND STATE DEPARTMENT OF PUBLIC WELFARE CONCERNING THE PROVIDING OF FACILITIES IN CORPUS CHRISTI FOR A PROGRAM OF TRAINING OF PERSONS FOR TRADES AND OCCUPATIONS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO EMERGENCY- BE MADE A PART HEREOF; AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: AUTHORIZE SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF PUBLIC WELFARE CONCERNING THE PROVIDING OF FACILITIES IN CORPUS CHRISTI FOR A PROGRAM OF TRAINING OF PERSONS FOR TRADES AND OCCUPATIONS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NEED TO EXECUTE THE AFORESAID CONTRACT AS PROMPTLY AS POSSIBLE IN ORDER THAT THE PROGRAM OF TRAINING OF PERSONS FOR TRADES AND OCCUPATIONS BY THE CITY OF CORPUS CHRISTI MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE O RESOLUTION SHALL BE READ AT THREE SEVERAL HAVING DECLARED SUCH MEETING5 OF THE CITY COUNCIL, AND THE MAYOR R EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THEM DAY OF JUNE, 1966. ATTESa AYOR CITY / THE CITY OF CORPUS CHRISTI, TEXAS APPRO ED AppT00FUNE,O 1966! CITY ATTORNEY STATE OF TEXAS X F COUNTY OF TRAVIS x CONTRACT WHEREAS, the National Congress enacted the "Economic Opportunity Act of 196411, being Public Law 88 -452, effective August 20, 1964, and Title V of said Law authorizes the expenditure of Federal funds under cooperative agreements with the State for projects designed to expand opportunities for constructive work experience and needed training for persons who are unable to support or care for themselves and their families; and , WHEREAS, the 59th Legislature in its Regular Session, 1965, enacted Senate Bill No. 163, which became effective May 6, 1965, wherein the State Department of Public welfare was designated as the State Agency or Department to administer the programs contemplated in Title V of the Federal "Economic Opportunity Act of 1964 "; and WHEREAS, the Attorney General in Opinions No. C -464 and C -530 ruled that Senate Bill No. 163, Acts of the 59th Legislature, Regular Session, 1965, does not violate the provisions of Section 51 of Article III of the Texas Constitution, and further that the State Department of Public Welfare had the authority to enter into'contracts with public or private agencies for the purpose of carrying out the provisions of the Act and to pay for services received pursuant to such contract; and WHEREAS, under the terms of the State Lew the State Department of Public Welfare has, in cooperation with the City of Corpus Christi, Texas worked out a proposed project designated as Nueces - Kleberg, and submitted , as Texas Proposal Number 4 which was approved by the Department of Health, Education, and Welfare ory the day of , a THEREFORE, pursuant to the spirit and intent of the Lao, and sub- ject to its provisions, the City of Corpus Christi, Texas, hereinafter referred to as the City, and the State Department of Public Welfare, hereinafter referred to as the Department, do hereby enter into this contract. CONTRACT I The City agrees to provide facilities located in Corpus Christi, Nueces County, Texas, and all essential materials required for the training of persons included in the work experience and training program as outlined in the Federal -State Project entitled Nueces - Kleberg, with the ultimate goal of training trainees as grounds keepers, carpenters helpers, maintenance men, clerk typists and other services to the extent that qualified trainees are available, and job placements can reasonably be expected. - II The City agrees to provide the necessary supervisory personnel re- quired to give assurance that the training of unemployed and under- employed individuals residing in Nueces County who are selected as trainees for the project will receive adequate on- the -job training. The trainees will be selected by the personnel office of the City in cooperation with the Department, and the criteria for selection shall be similar to those set up for screening r%gular job applicants for-the various types of employment as required for personnel hired by the City in similar positions, and these individuals must be either public as- sistance recipients or individuals related to one of'the public assist- ° ante categories coming within the scope of the Federal -State Programs administered by the Department. - - 2 III The City agrees to provide the work training in accordance with the plan agreed upon which shall include a 40 -hour work week schedule, a portion of which shall be devoted to on- the -job training to be pro- vided by the City and a portion of which will be devoted to classroom instruction to be provided by parties other than the City. The time devoted to each phase of the training will be dependent upon the needs of the individual and the terms mutually agreed upon between the City management and the project supervisor. It is understood the City shall not be responsible for employing or guaranteeing employment to any of the trainees; but if any trainee desires employment with the City, and if the City desires his services at the completion of the course, the fact he was trained in this project is not a barrier to employability by the City. IV The City reserves the right of discharging any trainee without prior notice for the following causes: a. Habitual use of narcotics or excessive use of alcohol. b. Abuse or misuse of City property. c. Theft of City property. d. Conduct by trainee that is unbecoming to the City or its employees, either on or off the project. e. Refusal to comply with lines of authority. f. Any cause which would be sufficient cause for discharge if the trainee were a City employee unger Civil Service Rules. The City agrees that it will notify the Department of problem situations not warranting immediate dismissal so that'efforts may be made through cooperative case work to eliminate the problem. r V The City agrees to provide the Department with an evaluation of this training program, and to compile and furnish to the Department all - 3 - necessary reports required at such time and in such form as required by o the Department for the efficient administration of the program. VI The City agrees to provide all of the aforementioned services with- out charge to the Department. VII The Department agrees to refer only those persons for training who appear to be basically eligible for participation In the training program. VIII The Department agrees to provide financial assistance in the form of itxainee's grants to be administered by the Department for those trainees that are accepted by the City. ' I% The Department will provide a Work Experience Aide who will counsel with the trainees as indicated relative to health problems, work problems, ,attitudes, and such other personnel difficulties as may arise during the training period as well as assist with the maintenance q£ time records and other reports pertaining to trainees and such other case work services as may be appropriate. R The Department will make such on -site inspections and program evalu- ations as may seem expedient from reports received from the City and in keeping with Federal requirements, and that the Department's representa- tive may be accompanied by the Federal representatives. The Department agrees to provide Workmen's Compensation Insurance or in some other way to indemnify the City from any liability for injury to or by any trainee in the course of his training with the City. r• KI The term of this Contract shall be for an indefinite period be- ginning on the date of the execution of this Contract and continuing until the project termination date issued by the Department of Health, �- Q Education, and Welfare, or such date as eitheY the City or Department, or both, may determine that the need for such training program no longer exists; or if not by such mutual consent, either party to this Contract may consider same to be cancelled by giving notice in writing to the other party at least thirty (30) days prior to the effec- tive date of cancellation. XII It is further understood that in the event the Federal or State laws should be amended or judicially interpreted so as to render the fulfillment of this agreement on the part of either party unfeasible or impossible, or if the City and the Department should be unable to agree upon modifying amendments which would be needed to enable substantial continuation of the Project as the result of amendments or judicial in- terpretations, then, and in that event, both the City and the Department U shall be discharged from further obligation created under the terms of this Contract, except for equitable settlement of the respective accrued interests up to the date of the termination. For the faithful performance of all the terms of this Contract, the parties hereto bind themselves on this the day of 1966. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS _DAY OF JUNE, 1966: BY City Manager CITY ATTORNEY STATE DEPARTMENT OF PUBLIC WELFARE BY John H. Winters APPROVED AS TO FORM: Commissioner of Public Welfare ATTORNEY GENERAL OF TEXAS BY Date: - 5 - 9 CORPUS CHRISTI, TEXAS _? DAY OF , 1946. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MA- OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE