HomeMy WebLinkAbout10953 ORD - 07/05/1972c n•
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AN ORDINANCE
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AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT
AN APPLICATION /CONTRACT AND ANY NECESSARY RELATED DOCUMENTS
TO THE DEPARTMENT OF LABOR TO UNDERTAKE THE SPONSORSHIP
OF THE CORPUS CHRISTI MULTI - COUNTIES NEIGHBORHOOD YOUTH
CORPS (OUT OF SCHOOL) PROGRAM, A COPY OF APPLICATION/
CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he is hereby authorized
and directed to submit an application /contract and any necessary related
documents to the Department of Labor to undertake the sponsorship of the
Corpus Christi Multi- Counties Neighborhood Youth Corps (out of school)
Program, a copy of application /contract being attached hereto and made a
part hereof, marked Exhibit "A ".
SECTION 2. The immediate necessity to submit the aforementioned
application /contract 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 or resolution shall be read at three several meetings of the
City Council, and the Mayor having declared that such emergency and necessity
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 the day of
ATTEST:
//' -,V, , c
City Secreta
APPROVED:
DAY F Y, 1972:
. City Attorney
10953
All
U.S. DEPARTMENT OF LABOR - MANPOWER ADMINISTRATION
I. AGREEMENT NUMBER ` J/
- BUREAU OF WORK PROGRAMS
PROJECTS AUTHORIZED UNDER THE ECONOMIC
OPPORTUNITY ACT OF 1964, AS AMENDED (Continued)
3045 -48
The Government is not obligated to pay any amount In excess of the limits set forth In clause 5 of the general provisions of this Agreement.
The Sponsor agrees to account for funds under this agreement on a project by project basis,
3. This Agreement shall expire on the last day of operations specified In Section I, item 19 of the Sponsor's Project Application.
In witness whereof the parties hereto have executed this document, herein referred to as the Agreement, effective as of the last date of sign-
ing set forth below: i
a. By (Signature) -
b. TITLE
c. DATE SIGNED
(.SPONSOR
•
-
City Manager
z
c. BY (Signature)
b. TITLE -
c. DATE SIGNED
2. JOINT SPONSOR
n. By ( Signature)
b. TITLE
c. DATE SIGNED
3. SECTV. OF LABOR
U.5. DEPT. OF LABOR
` - CERTIFICATION FOR CORPORATE SPONSOR ,
R. Marvin' Townsend certify that I am the City Main.ger
of ttHe1'Cii:i7 4ofsCorous Christi of
named as a Sponsor herein; that T who signed this
Agreement on behalf of the Sponsor was then the City anger
of said Sponsor corporation, that said Agreement was duly signed for and In behalf of said Sponsor by authority of Its governing body, and
is within the scope of its corporate powers.
(SEAL)
Signature ,
R. Marvin Townsend
City Manager.
' CERTIFICATION FOR PUBLIC AGENCY -
I, Hal George _ r , certify that I am the legal officer or
Expoirtive. Assistant City Attorney of City of Corpljr rho ;.. «; •..B ; that the
authority of the Sponsor named herein to enter Into the foregoing Agreement is derived from the following provisions of State of Legal public
Constitution and Laws of State of Texas ; that this Agreement was duly authorized under
law•
the provisions of said law; and that ' R. Marvin Townsend ,
who executed the Agreement on behalf of said Sponsor had authority to enter the foregoing Agreement with the U.S. Government on behalf of
said Sponsor. -
Signature
Title Executive Asst. City Attorney
(SEAL)
1;9'' . r
t • Uudget UTeau No. 44N-
U S DEPARTMENT OF LABOR - MANPOWER ADMINISTRATION
BUREAU OF WORK PROGRAMS
1. AGREEMENT NUM9ER
PROJECTS AUTHORIZED UNDER THE ECONOMIC
IS.l Tell
i
3045 -48
OPPORTUNITY ACT OF 1964, AS AMENDED
AGREEMENT FOR NEIGHBORHOOD YOUTH CORPS SPECIAL IMPACT PROJECT
PROJECT (TITLE I PART B) (TITLE I PART D)
I QIN SCHOOL Z (MOUT.OF- SCHOOL —..NYC. 1 S O GRANT TO PUBLIC AGENCY OR PRIVATE
3 SUMMER 40WOnK TRAINING NONPROFIT ORGANIZATION
OPERATION MAINSTREAM PROJECT 0 ❑ CONTRACT WITH PRIVATE PROFIT ORGANIZATION
TITLE I []Part B QPart E
e 0 GRANT TO PUBLIC AGENCY OR PRIVATE, 10(] OTHER (Speetly)
NON.PROFIT ORGANIZATION
IJI Number N/A
NEW CAREERS PROJECT
TITLE IS Part B IRS Identification Number_
74-6000574W
e[] AGREEMENT T Q GRANT
THE SPONSOR (Name)
ADDRESS (NUmbe,. Street, City, Stet., Zip Code)
Corpus Christi Multi— Counties N.Y.C.
p 0. Box 9195
Corpus Christi, TX 78408
IF THE PROJECT IS TO BE JOINTLY SPONSORED
AND THE JOINT SPONSOR (Name)
ADDRESS (Num6er, Street, City, Stet., Zip Cad.)
None
None
hereinafter referred to as the Sponsor, and the United Slates of America, represented by the Secretary of Labor, U.S. Department of Labor,
hereinafter referred to as the Government, hereby mutually agree as follows;
1. The Sponsor will operate and perform the work - training experience project(s) described herein in strict accordance with the Economic
Opportunity Act of 1964, as amended (42 U.S.C. 2701), the regulations promulgated thereunder, the standards and procedures of the U.S.
Department of Labor, and the general provisions, specifications, project budget(s), and special provisions which are attached and made I
a part hereof, and those sections of the attached sponsor's project application incorporated by reference in the specifications, which
are made a part hereof.
2.This Agreement consists of the items listed on Page 3, Summary of Contents.
3. The Federal cost limitation(s) and accounting data with respect to such limitation
is (are) as follows:
USE ONLY IF PREVIOUS LETTER AGRECMENT
TITLE OF
TOTAL FEDERAL
PREVIOUSLY
NET ORLIGATION
NAME OF PROJECT
ECONOMIC
AMOUNT FROM
BUDGET
OPPORTUNITY ACT
OBLIGATED
TNIS DOCUMENT
(b)
(.)
NEIGHBORHOOD YOUTH
CORPS EOA NYC -1
TITLE 1 PART B
224,000 --
> 224 000
OPERATION MAINSTREAM
TITLE I
_
Part
NEW CAREERS
TITLE I
Part B
SPECIAL IMPACT
TITLE I PART D
OTHER
TOTAL OF THIS
's %; �,>•gG.l'f'iY. /43,�ey'tyt
AGREEMENT
224 000
'224 COD
PLEASE INDICATE —s►
THIS IS PAGE 1 OF PAGES AND PAGES See Page 3
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Po.M BWP•I.
IS.l Tell
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U.S. DEPARTMENT OF LABOR _MAN POWER AOMIN IST RA TION
e UREAU OF WORN PROGRAM!
.AGREEMENT NUMBER
PROJECTS AUTHORIZED UNDER THE ECONOMIC
OPPORTUNITY ACT OF 1964, AS AMENDED (Continued)
3045 -48
The Government is not obligated to pay any amount in excess of the limits set forth In Clause 3 of the general provisions of this Agreement.
The Sponsor agrees to account for funds under this agreement
on a project by project basis.
3. This Agreement shall expire on the last day of operations specified In Section I, Item 19 the Sponsor's
of Project Application.
In witness whereof the parties hereto have executed this document, herein referred to as the Agreement, effective
ing set forth below: as of the last date of sign•
1. SPONSOR
BY (Slanefun) b. TITLE
� Yr c. DATE SIGNED
� C Project Director
Z. JOINT SPONSOR
e. BY (Slane ) b. TITLE
e. DATE SIGNED
None
3. sECTY. OF LABOR
U.S. DEPT. OF LABOR
e. BY (S,anerure) TITLE
e.
GATE SIGNED
CERTI ICATION FOR CORPORATE SPONSOR
1' , certify that I am the
does not apply
-- of
named as a Sponsor heroin; that
who signed this
Agreement on behalf of the Sponsor was then the
of sold Sponsor corporation; that said Agreement was duly signed for and In behalf of said Sponsor by authority of Its body,
governing and
Is within the scope of Its corporate powers.
(SEAL)
Signature
CERTIFICATION FOR PUBLIC AGENCY
i. Ronnie Sizemore
. certify that I am the IAOa) eRirn. ,.
Mayor of Corpus Chr' +' mx
.tuthgr 11 !ne - -o t.e! Lt.
h . Sponsor nae,atl rwmn to enter into the foregoing Agreement is derived from the following provisions of Stale of Lop. puW rc
law:..-- Constitution and Laws of State of Texas ;that this Agreement was duly of
under
I
the prOviSIOns of said law; and that Mary K. Whitndre
who executed the Sponsor — •
Agreement on behalf of saitl had authority to enter the foregoing Agreement with the U.S. Government on behalf or
i am id Sponsor.
Signature
(SEAL) Title Mayor of Corpus Christi TX
a
FORM ew P.14 (0.11.07)
2
NOTICE OF MAXIMUM PERMISSIBLE ESCALATION
IN WAGE AND PRICE STANDARDS
Bidders are advised of standards established under Executive Orders
11615, 11627 and 11640 setting maximum permissible percentage of
escalation in wage rates and price increases. Such standards call
for wage rate increases of no more than 5.5 percent per annum unless
specific exceptions have been granted by the Pay Board. The price
standard established by the Price Commission has the objective of
holding economy -wide price increases to 2.5 percent per annum (3 per-
cent per annum in the case of small business firms). To achieve this
target, firms are allowed to increase prices to reflect allowable costs
incurred since the last price increase or since January 1, 1971, which-
ever was later, and such costs as firms are continuing to incur, adjusted
to reflect productivity gains. These price increases may not result in
profit margins on sales which exceed the firm's profit margins for the.
highest 2 of the last 3 fiscal years ending before August 15, 1971.
Average productivity gains are estimated to be 3 percent or higher
for the economy annually for 1972 and 1973.
SUMMARY OF CONTENTS
This Agreement consists of the following which are attached hereto:
r
Form BWP -14, Pages 1 and 2
SUMMARY OF CONTENTS - Page 3
Form BWP -1, Pages 22 thru 43 -2
U. S. Department of Labor, Manpower Administration, General Provisions
for Cost - Reimbursement Type Contracts and Additional General Provisions
Series A and Series B dated 1 July 1969 WITH GENERAL PROVISIONS AN
ADDITIONAL GENERAL PROVISIOIS SERIES A APPLICABLE TO THIS AGREEMENT.
These are attached as Addendum A, Pages 1 thru 28.
Manpower Administration, Special Provisions (Revised June, 1972) attached
as Addendum B, Pages 1 thru 11
Manpower Administration Specifications (Revised June, 197Z)'attached
as Addendum C, Pages 1 thru 11 Specifications are applicable as
they apply to this Agreement.
Notice of Maximum Permissible Escalation in Wage and Price Standards
t
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Page 3
It
Budget Bureau No. 4
U.S. DEPARTMENT OF LABOR - MANPOWER ADMINISTRATION
If any Secllon,or patiDn of a Seclion,is modifled,com
BUREAU OF WORK PROGRAMS
BWP
plate the entire Section. Enter Agreement No. &Mod.fh
SPONSOR'S PROJECT APPLICATION
• USE
ONLY
1. AGREEMENT NO
2. MOD. NO cAA
3045 -48
13.114
4
Section I -SPONSOR INFORMATION
E SPONSOR'S NAME(,49 -, Or OrCanlxellon) lA 26 -75
2. ADDRESS (NUmberend Street) 1B 15-39
P. 0. Box 9195
Corpus Christi, TX 78408
3. CITY OR
4. COUNTY 59-78
5. STATE ](�` 1§.16
6. 21P CO 17.21
7.cONG 22 -23
Corpus
�PHONEV.
Nueces
TX
OISTRET
14
78408
8. SPONSOR'S
DESIGNATED PROJECT DIRECTOR (Nerve 24.47
10. PROJECT DIRECTOR'S ADDRESS (No. A SL 48.72
(Arse Code & No )
and Title)
512 -883 -3866
Mary K. Whitmire
P. 0. Box 9195
Project Director
10.. CITY- lD 15.33
lam• STATE 34.35
On TOWN
Corpus Christi
TX
loc. 21P j .q
��P08
.PROJECT DIRECTOR'S PHONE
2. PERSON AUTHORIZED TO SIGN SPONSOR'S CONTRACTS
13. PHONE (Ares Code
512- 991 -1690
Mary K. Whitmire
57�- ��3 -b3d66
14. TYPE OF ORGANIZATION (Check .11 Appropdale blocks)
A. PUBLIC AGENCY I 1S -17
B. NON - GOVERNMENT NON-PROFIT 18.]9
C. PROFIT ORGANIZATION 1 2O
1 OCOMMUNITr ACTION -E-1
AGENCY
1 0[OAPOxATIeM
2 0PUBLIC .CNOOL
I OCOMMUVITr ACTION A--
2 00Tx Ea ( Specl(y)
4 000UNT,
3 0ASSOCIATION
S OMUNICIPat (L ...q
4 0"CLI41GUS AFFILIATED
e QTaIIAL COUNCIL
a OO,NE. (Speclly)
100,... (Specify)
D. CORPORATION EXISTING UNDER LAW! OF (State)
E. ORGANIZATION BEGAN OPERATING
111 MoxiN
(ZI r[AA
P. PRIMARY FUNCTION OF ORGANIZATION (Codes 7, A, & 9 apply to PwIlt Or4Mlxetlon only) 21
10[DUt ATIOx 20... TN 30x0V11N0 40.DCIAL... VICE 1010x... VATI0N/NECAEATI01
0 ]-�OOV CaxM [xT AoMa. '! 0-VICE A 0M Nu FACTUl- 00eoLCU[NCIAL to0..... (Specify)
IS. FEDERAL FUNDS REQUESTED (GIB. amount for Rch Prolec((e) /C=PMent(s) Includedln Application)
PROJECT /COMPONENT
FEDERAL SHARE
Pn OJECT /COMPONENT
FEDERAL SHARE
22.29
30 -37
111 IN• L arc)
,f
lei e
MAIx.TNEAM
S
EOA
38 -45
46 -53
t21 our- or- .cxooL Ixrcl�' 1
224,000
(W.EW CA.....
54 -61
62.69
(31.UMMCA INYCI
171 SPECIAL IMPACT
ul w
1F 15.22
181 [THEN (SPOCIIY) 23
24 -31
•�I t «rcl
A. TOTAL COST (SPOnaoC and Federal Sher,) 32 -39
B. TOTAL FEDERAL SHARE 40-47
$ 250,86o
$ 224 000
16. SOURCES FROM WHICH SPONSOR'S ACTIVITIES ARE FUNDED (To be corn-
17. SWP USE ONLY CARD IA 1 -2
plated by_pTo(It organlzat lone except CAA'.)
a. AGREEMENT NO. 3-11
Not applicable
. DATE ASSIGNED 15.19
(Mo., day, yt.)
C. LABOR AREA 20.22 Id.
STATUS CODE 23.25
CODE
22
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'WP If any Seclian, d port/►, of a Section, IS modified, complete the
ALL
. AGREE. NO.
311
.MOO NL
..1.14
ONLY entire Sec ion. Enter Agleement No, and Mod. No.
CARDS
3045 -A8
Section I —SPONSOR INFORMATION (Continued)
10. BRIEF DESCRIPTION OF PRO)ECTlS11COMPONENT(S) (A, epplical, e)
a. IN SCHOOL (NYC) 2A 16.80
b, 01 T OF SCHOOL INYCI 1 - - -�
28T16_80
70 enrollees from 10 countie6 to work about 30 hours per week at $1.60 per hour.
Weekly group and individual counseling given. Educational improvement classes
such as G.E.D. classes, remedial education, etc. sought for youth. Jobs divided
into best training sites for enrollees. Preference given to agencies who might
give permanent employment. Recruitment from minority groups.
C. SUMMER (NYC)
2C 16 80
d. WORN TRAINING IN INDUSTRY (NYC)
2D 16• a
a. OPERATION MAINSTREAM 2E Flim
I. NEW CAREERS 2F 16-a0
23
f.
.l
Fan. 8WP•1 15.17.57) fF
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II any Section, or portion o1 a Section, is modelled, complete the
1. AGR EE MEHT NO 3.11
2. MOD. NO r14
ONLY,
entire Section. Enter Agreement No. and Mod. No.
CAALL
RDS
3011 _441
Section V — SERVICES TO BE FURNISHED WITHOUT COST TO PROJECT(S) / COMPONENT(S) (NOI .h.— IN aN_dael
1. SERVICES TO BE FURNISHED BY (Enter one at the codes in eppropde . colwlne for eech .ervice 1. he f..I.hed Enrollee.)
1- 3PONSOn 2 -EMPL SERVICE 9 -OTHER 4—SPONSOR AND ES 5- SPONSOR AND OTHER a -ES AND OTHER
T- SPONSOR AND ES AND OTHER . -CAA
2. GIVE NAME OF AGENCYIIESI FURNISHING SERVICES ([father then Sponsor or the Employment S-1c.)
Victoria, Kleberg
San Patricio CAA and Texas A & I University Corpus Christi OEO
NEIGHBORHOOD YOUTH CORPS
OPERATION
3. TYPE OF SERVICES
MAIN-
NEW
CAREERS
SPECIAL
IMPACT
OTHER
IN
OUT OF
TO RE FURNISHED
SCHOOL
•SCHOOL
SUMMER
WTI
STREAM
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h) r 35
A. PRE- ENROLLMENT
] ]
1N 15
35
55
10 15
36
111 AE C.O1Tr.IC NT
16
36
4
56
16
36
56
_ 18
37
1x1 coox. RlNe
I7
57
17
38
191 T[.11Ne
2
_
1
38
58
�1 -
w McoIE.L n,M.
1
39
59
19
39
59
19
40
1
20
40
60
20
40
60
20
let Sc LC[TION
111 oTNe. (specify)
21
41
61
21
41
61
21
42
B. DURING ENROLLMENT
22
42
2
22
42
2
22
111 SV VC.rI.IOw
1
23
43
03
23
43
63
23
44
121 COUNSEL—
1
44
64
24
44
64
24
45
WI REMEDIAL EDUCATION
1
25
45
65
25
45
5
(u e...L. v........L
T.,IN INO
46
66
26
46
66
26
'47
(11) HEALTH S[.VIC[.
47
67
27
47
67
• 2
let to. O[V[LO.MENT
R2_
1
ITI OTNC. (Specify)
48
68
28
C. POST ENROLLMENT
29
q
69
2
]-48
L 49
1 69
1 29
III EEIT IM T[.VILW
Q
V
30
50
70
30
50
1
51
71
L_ el
51
1
1
lal �o..L.e[HC1Ir
4
'
pl.vc..Al TO
32
52
'72
1 32
1 52
1 72
32
1 53
IV.TNL. T.AININO
4
33
53
73
33
53
161 IOLLOWuv
4
34
54
let .TN[. (Spec /fy)
FOAM BWP.1 111.11.4111
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If any Section, or portion of a Section, is modified, complete the aLL
entire Section. Enter Agreement No, and Mod. No, CARDS
1' AGREEMENT NO 3.11
3pb5_1♦g
2. Moo Ho.
r_14
511100" VI — SERVICES TO BE FURNISHED WITH COST TO PROJECT (sho.H, In BUhw) — "-
1. SERVICES TO BE FURNISHED BY (Enter one of the code. In appmprlefe cohmne for ..Eh .ervlce to be F ml.hed Enrollees)
1- SPONSOR 2 -EMPL. SERVICE 3 -OTHER 4_SPDN30R AND E3 e- 3PON3OR AND OTHER a -ES AND OTHER
7- 3PON3OR AND E3 AND OTHER II-CAA
2. GIVE NAME OF AGENCYIIES) FURNISHING SERVICES (ff other then Sponsor or the Employment Servlre)
• 3. TYPE OF SERVICES
TO BE FURNISHED
NEIGHBORHOOD YOUTH CORPS
OPERATION
MAIN•
STREAM
NEW
CAREERS
SPECIAL
IMPACT
OTHER
IN
SCHOOL
OUT OF
SCHOOL
SUMMER
WTI
(a)
(b)
(c)
(d)
(e)
IQ
(g)
(h) 35
A. PRE- ENROLLMENT
11) .[C. VIT MINT
1P ]
35
1
a
1Q 1$
35
$5
1R ]$
36
IzI couH3ntxc
16
36
1
56
W
36
56
l6
37
la l .......
17
17
31
51
—� 17
3g
MI MEDICAL EXAM.
1
3g
58
1
31 .t.EwwAL
_ -_ 1
39
1
59
19
39
59
19
40
(e) 3ELECTIcN
20
40
]-
60
20
40
0
171 GTHEA (SpeCify)
21
41
61
21
41
61
21
42
B. DURING ENROLLMENT
111 3uw[wvleloN
22
42
1
2
22
42
62
22
Izl co.xs[uxc
23
43
1
03
23
43
63
23
44
Isl II—C —L EDUCATION
44
1
64
24
44
64
24
4 5
In eu w.E. voC.T1oNAL
25
45
65
25
45
6
le) XLALTN S[.V It ES
26
46
1
66
26
46
66
26
47
lei ,Oe e[v[Lp wM E«T
27
47
67
27
47
67
27
411.1... (spedfy)
U
4B
0
2g
qg
q
C. POST ENROLLMENT
29
49
69
2
It) EXIT INTt.vtEW
1
30
50
70
30
50
D1 ,o. pEVE wwM[ «7
1
,oe eEM [«T
131 .LA
51
1
71
3-
51
71
31
([) AvE..AL To
32
52
72
32
52
72
32
ru. rxE. r.AINIxt
1
131 roLLew -uw
33
53
!a
73
33
53
34
54
74
14
74
34
S5
Ie1 eTHe. (Spe elly)
26
e
If any Section, or portion of a Section, is modified, Compute the 1. AGREEMENT NO 12. Moo.
"NLy— entire Section. Enter Agreement No. and Mod. No. 3045 -48
Chan V11 — RECRUITMENT MEASURES — Descrlbe measures to be used in recruitment of Entollees. (SPeorfy by type or
Projeel / compone111 if there ere airy - Marione.)
Announcements in newspaper, radio, and T.V.
CAA through Multi— Purpose Center and Community Agents
Personal contact by staff
Texas Employment Commission works hand —in —hand with project
Local churches make announcements from pulpit when requested
SeaIIOn VIII — PARTICIPATING AGENCIES —Sponsor Intends to operate the Ptolect(s) /Component(s) undet arrangements with
the following organizations. (specify name or eeeh or4enf :er,on, if eny.)
I. Texas Employrent Commission
2. City of Corpus Christi
18. City of Corpus Christi Human Relations
3. The Hearth
19- City f Co
y Corpus Christi, Traffic Div.
20-
4. U.S. Civil Service Examiners
City — County Health Dept., Corpus Christi
21. City of Corpus Christi, Transit
5. U.S. Naval Air Station, Kingsville
6. City of Kingsville
Div.
22. City of Corpus Christi, Personnel Dept.
T. Kleberg County Offices
23. Don Bosco Day Care Center
24. G.S.A.
8. Texas A & I University
25. B
9. U.S. Agriculture Agency, Robstown
10. Robstown— Riverside Hospital
26. Corpus Christi State School'
11. Spohn Hospital
27. Naval Base, Supply Dept. Comptroller Center
28. U.S. District Court,
12. U.S. Westher Bureau, Robstown
Corpus Christi
29. Nueces County District Attorney
13. City of Victoria, TX
14 -.City of Corpus Christi, Tax
30. Nueces Couftty Auditor
Office
15. Carmelite Day Nursery
31. Corpus Christi OEO Office
16. City of Corpus Christi, Maintenance
32. Texas Army National Guard
33. U.S. ArufT Reserve
17. City of Co (pus Christi, Parka Div.
34- Bishop, Texas Neighborhood Center
e
27
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35. Aransas P ass Opportunity Center
36. Clarkwood Neighborhood Center
37. Kleberg County OEO Office
38. Kleberg County Maintenance
39. Mathis -Multi Purpose Center
40. Nueces County Home Demonstration Agent's office
41. Wesley Community Center, Robstown
42. Sinton Opportunity Center
43. Taft , Texas Opportunity Center
44. Victoria OEO Office
45. Victoria, Texas U.S. Navy Recruiting
46. Victoria, Texas Rehabilitation Division
47. Victoria, Texas Food Commodity Center
48. Victoria, Texas Texas Youth Council
49. Victoria, Texas U.S. Air Force Recruiting
50. Nunces County Purchasing Agent
I
-27-
- -s
41,
O NLY -►
If any Section, or portion of a Section, ii modified, complete the ALL
f• AGREEMENT NO. 3-11
1. MOD.N
4
entire Section. Enter Agreement No. and Mod. No. CARDS
3045 -48
Slectim ICI
- COUNSELING SEIIYICES
--
- -- —
1. NATURE OF COUNSELING TO BE GIVEN APPLICANTS PRIOR TO
ENROLLMENT (Specify by type of prOr'— f /Eempwrent endb whom
Alvan !.dicer. vedetlona, If any) Y
OUT -OF- SCHOOL:
At least two personal interviews
prior to enrollment to determine best
work classification for enrollee.
The purpose of NYC and the duties
and obligations of the enrollee to his job and supervisor are explained.
1. BRIEFLY STATE PLAN FOR APPRAISING INDIVIDUAL IN ES TS, APTIT DOES• ABILITIES, AND PERSONAL CHARACTERISTICS
TO ASSURE MOST EFFECTIVE PLACEMENT OF ENROLLEES
IN WORK ASSIGNMENTS. AND OTHER SUPPORTIVE SERVICES. (Specify
by type of proiacf /compNient if there ere any veNelione.)
1. Personal interviews with enrollees
2. Weekly colmseli.ng session observations
3. Monthly supervisor apprisal
check list of each enrollee
4. on the job observation by supervisors and NYC staff
3.CHECK BELOW THE METHOD FOR COUNSELING EACH ENROLLEE BY
TYPE OF PROJECTrCOMPONENT
PROJECT/
EDUCATIONAL
VOCATIONAL
PERSONAL
FINANCIAL
OTHER
COMPONENT
O
INDIV.
GROUP
INDIV
GROUP
__
INDIV.
GROUP
—1 __
NDIV.'
GROUP
(a)
(a)
(c)
(e)
(g)
III
(I)
INDIV.
Ib)
(d)
If
A. NYC
m I. ec,oe
15 15
I6
17
18
19
20
21
_
22
23
_
20
111 our or ]ceooL
25
is
26
i[
27
X
28
29
30
31
32
33
34
}�'
X
X
X
X
X
X
Ial ]u MME,
35
36
37
3
3
q
41
NI w
45
46
47
48
49
50
51
52
53
54
9. OPERATION
MAIN]TREAM
_ —'—
55
56
57
'58
59
60
61
62
63
64
C. NEW CAREERS
65
70
71
72
73
74
D SPECIAL IMPACT
- - - - -� - -
IT 15
I6
17
18
19
20
21
22
23
24
,
25
E OTHER
7
26
27
28
29
30
31
32
33
34
35
•eaM awY I la•1].671
28
VP I1 any Section, Of POrti On of 9 Section, is modifled, complete the ALL 1. AGREEMENT NO. 1 2. MOO, NI
�NLY� entire Section. Enter Agreement No. and Mod. No. CARDS 3045 -48 @ `
Section X — pEMEDIAL EDUCATION
I. CHECK TYPE OF REMEDIAL EDUCATION
AVAILABLE TO ENROLLEES, BY PROJECT /COMPONENT
PROJECT /COMPONENT
WRITING
ARITHMETIC
SPEAKING AND
LISTENING
OTHER (Specify)
A, NEIGHS ORHOOD YOUTH CORP
FREADING
(a)
(b)
(C)
SKILL
(d)
(e)
UI I +sceooL
IT 36
37
38
39
40
(2) out OF eCeOOL
41
X
42
X
43
44
45
X
X
G2. D.
47
48
49
50
ui suMMSe
MI WT.
51
52
53
54
55
e. OPERATION MAINSTREAM
56
57
58
59
6a
C. NEw CAREERS
61
62
63
64
D. SPECIAL IMPACT
7
E. OTHER (Spec,(,) 71 72 73 74 75 76
I. BRITFLY DESCRIBE PLAN FOR PROVIDING REMEDIAL EDUCATION ( Specify by type of pro )eel /component j1 pfen _,to.
All enrollees will be checked for educational potential. Any enrollee who needs
remedial or additional help will be guided toward the A.B.E., G.E.D., or
remedial classes as well as vocational classes. NYC staff will work in
conjunction with these classes.
In areas where these classes are not available, NYC staff will try to get
community support for an educational program for these youth. In the event
this fails, remedial classes will be given in conjunction with the counse-
ling classes.
If possible, remedial and vocational classes will be set up. Some counties
will set up their own vocational class under staff guidance.
Materials used for these classes will be based on the needs of the enrollees
in each area; and will be Iselected by staff and tutors from material examples
and guides secured at Basic Education Course given at Texas University during '
the s um>rer months.
f a f
1JJ FwM ewP.I Ie.n.eTi t
f
.P It any Section, a portion of a Section, is modified, Complete the OGRE EMENT NO. MOD.NO,
ONLYa entire Section. Enter Agreement No. and Mod. No. 3045 =48 r
S�ctlon XI -JOB DEVELOPMENT, JOB PLACEMENT, FOLLOW -UP - Briefly slate plans for providing these services for
Enrollees. (specrty by type of ptofect /cemponenr it there ere.ny v daNen. JJ !
Jobs providing meaningful work experience, work habits, and training i
are stressed. The enrollee is placed on a job after at least two inter-
views with Texas Employment Commission, CM, and, or, NYC staff to best r`
determine his interest and ability to perform the work assignment.
�ument .
ir
Each enrollee and job supervisor is visited on the job periodal]y by a f
NYC counselor- coordinator to insure close communications and under- '
standing between NYC enrollees, their supervisors, and the counselors.
NYC staff works close P
Iy with the Texas Employment Commission in developing f:
jobs and in placing enrollees in meaningful employment. Group and individual F
counseling will be conducted to explain the types of jobs available, and the
z prospects for further training programs,
r,
Will assist in obtaining, student loan scholarships.
Will assist those still in need of jobs, or further training, in obtaining ;•
a solution to their problems, ,
Will refer those in need who cannot be helped in NYC project to other
agencies.
HEALTH SERVICES — It health services will be provided for Enrollees, briefly explain the type of services, frequency,
• and organization which will provide services. (Sw"cNy by type of pt.f.cr /eompene.t It th... ere -Y • a.et.. )•
Health services will be provided when possible.
Some agencies require that the enrollee be given medical exam before placement.
e yeeu ew0.r 16.1>•e >1 �l
30
f
�WP If any Section, or portion of a Section, is modified, complete the ALL 1. AGREEMENT No. 3.11 2. Moo No
ONLY -► entire Section. Enter Agreement No, and Mod. No. 4
`
-- -•
_ _ _ _ AR 3045 -48
SOCIIDn SCNECULE OF ENROLLEES
- � ,
- Give the average number of hours of work per week for each Enrollee In Ita III 1
In Items 2 thfu 5 Include average number of hours week available to each Enrollee; as needed. (QA.3�.9.�p.,B�yCif10c1
i71
-
AVERAGE HOURS PER WEEK PER ENROLLEE Spgatftmtton, --
h
NEIGHBORHOOD YOUTH CORPS
ACTIVITY - - -- - - - - --
11
IN NEW SPECIAL
OUT OF SUMMER WTI OM OTHER
SCHOOL MOOL CAREERS IMPACT
1
(al b (c) d a ( h 39
1. WORK IU 15.16 27 -28 39.40 51 -52 63.64 1V IS•I 27 -2
ffFFFF
40.41
- --
1
2. COUNSELING
17.18
2 29.30
41 -42
53.54
65.66
17 -1a
2130
4Z -43
REMEDIAL
3' EDUCATION
19.20
31 -32
43.4
67-68
19 20
1
31.32
4•
q SUPPL' VOCATIONAL
TRAINING
21.22
33-34
45.46
57 -58
69.70
21 -22
f
33.34
46.4
5. OTHER (Specify)
23.24
6
35-36
4 -48
59.60
71.72
23.24
35.36
4
h
G. TOTAL AVERAGE HOURS
25.26
_ -
37 .3
61.62
73.74
2 2
37.38
S11100h XItl - ENROLLEE
COMRANSATION
-Show
the minimum
and maximum
to be paid to Enrollees_As
specified
in Specifications)
ra(es per hour,
by type of project
/component,
NEIGHOOR
H000
YOUTH CORPS
_
- - - --
RATE OF PAY
OM
NEW
SPECIAL
IN
SCHOOL
OUT OF
SCHOOL
SUMMER
(a)
C--(b) 1
WTI
CAREERS
IMPACT
OTHER
'.
_
I HOURLY WAGE
IV 52.54
58.60
(c)
64-66
(d
70.72
(a
If
h 33
a. MINIMUM
11.
IX 15.17
21.23
27.2
34•
55.57 61.63
b• MAXIMUM 67 -68 73 -75 1 8-20 2426 30.32 3
1. 0 -3
2. BRIEFLY DESCRIBE PLAN FOR WAGE STEP INCREASE$. IF ANY (Speeifyby type of pro)acf/ eampaneRl there
11 are an verleflone.) 40
I,
k.
(
1
rr
1
SeCtlon Xtl -WORK STATIONS OF ENROLLEES
1-
'
- Check In a
will be assigned, app columns the types of work stations to which Enrollees
- NEIGHBORHOOD YOUTH CORPS
WORK STATION N OUT OF
`
J
SCHOOL ICHclot SUMMER WTI OM NEW SPECIAL
CAREERS IMPACT OTHER
e
-y I
PUBLIC AGENCY IX 41 3
44 47 d f h 62
p.
2.
NON- PROFIT ORGAN 42 45 48 51 54 57 6B
x 64
3.
PROFIT ORGANIZATION 43 46 49 52
55 58 61 65
4
WILL ENROLLEES WORK IN A UNIT OR TYPE OF WORK WITHIN NORMAL JURISDICTION
OF A BARGAINING UNIT'
I ON. UNION INVOL VED 2 ❑ YES - LETTER FROM UNIONIII ENCLOSED 66
,
a. CHECK PROJECTISI /COMPONENTISI INVOLVED:
I J_113 INYC1 2 K]O 1NYCL13 Q SUMM. 67.77
INYCI . CJ WTI INYCI ! ❑ OM a nNC 71_1 SI a 1- I0THEH (Specify)
4 -
is
EWP.
FOAM a•IT.en
I
i
.l"
31
i
nwP I If any Section, or portion of a Section, is modified, comp lete the
ONLY entire Secllon. Enter Agreement No. and Mod, Na.
ASS
• AGREEMENT NO.
301+5 -48
2. MOD. NO.
Section XVI - PROJEOT / COMPONENT BUDGET
1. PROJECT BUDGET FOR o 0 COMB. INYC, 1 015 INYC,, 2 jb O! (NYC) a 0 SUMMER INYCI SA 1 15
40 WTI INYCI 50om eONC 7051 MOTHER
2.COMPONENT BUDGET FOR 16
1015 INYC) 305UMM. INYCI 50 OM _ SUBAGREEMENT 7031 _ 5USAGREEMENT
20 O! INYCI 40 WTI (NYC; 60 NC_ SUBAGREEMENT S O OTHER_ SUBAGREEMENT
P R O J E C T B U D G E T
COST CATEGORY
ACCT.
NO.
TOTAL
lPONlORI
FEDERAL
I. ENROLLEE COSTS
A. WAGES
.....,
1601
143,220
�
- 143,220
1. WAGES FOR WORK ...............................
2. WAGES FOR OTHER
PAID PARTICIPATION ..........................
1602
27.31
2-
3. TOTAL WAGES (add) -d 2) .................
B. EMPLOYER'S CAST OF
FRINGE BENEFITS ... ...............................
C. TRANSPORTATION ... ...............................
-- -7 143 220
-- -
37.41
- - -- — .. -_..
42 -46
14 220 _
-• -- - --�- -- -
1610
10,020
180
47.51
57 -61
10 020 __
=62 -66
180
1621
D. SUPPORTIVE SERVICES NOT
SUPPLIED BY STAFF ..............................I
- -- - - -- - - —
- - - - - -- --
4 210 �-
1622
F-
- --
4,210
157,630
157,630
TOTAL SECTION I
(AddAJ. B, C, end D)
II. STAFF COSTS
A. SALARIES AND WAGE?
1631
24,440
_
58 17 -21
-
2411+40
1. PROJECT ADMINISTRATION ..................
27 -31
-
2. RECRUITMENT ..... ...............................
11•.12
3. COUNSELING SERVICES .......................
1633
20,740
=3-
20,740
1634
26,$60
47.51
26,$60
52.56
4. SUPERVISION ........... ...........................
1635
62.66
S. REMEDIAL EDUCATION ........................
. JOB DEVELOPMENT, PLACEMENT,
REFERRAL, AND FOLLOW- UP ...............
1636
---
-�
7. OTHER SERVICES SUPPLIED
BY STAFF ........... ...............................
1637
5C 17 -21
22 -2
S. TOTAL SALARIES AND WAGES
(Add Al, 7, 3, 4, S. 6, end 7) ...................
1630
72,o4o
26,86o
45,180
B. EMPLOYER'S COST OF
FRINGE BENEFITS ... ...............................
T7.31
4,82o 32.36
1640
--
4,82o
1650
$,120
C. TRAVEL EXPENSES' . ...............................
$,120 -
TOTAL SECTION II
84,980
26,860
58,120
(Add Aa, B, end C)
r
l
:P If any Section, Or portion of a Section, Is modified, domplete the ALL 1• AGREEMENT NO. 3.11 2. MOD. N 14 l
entire Section. Enter Agreement No. and Mod. No. App 3045_48 k
Section XVI — PROJECT BUDGET (CenTlnued)
P R O J E C T BUDGET
COST CATEGORY ACCT.
NO TOTAL sPONsOR' FEDERAL '
(a) (6) W III. OPERATIONAL COSTS
A. EQUIPMENT jFl•
1, OFFICE EQUIPMENT �.
i-
a. Purchase ........... ............................... 1661 5C 47.51 -
b. Rental and Use .............................. 1665 57-61 62.66
2. PROJECT EQUIPMENT -- ••�•- •� ^T�-
• G
a. Purchase .......................................... 1662 7- L 72.76
b. Rental and Use ... ............................... 1666 5D 17.21 22.26 k
27.31 32 36 j'
B. RENT' .................... ............................... 1663 f
3.300— --- -•-•---- C. INSURANCE INSURANCE AND BONDING ...................... 1664 37 -41 42'46
150 — -. 150 I.
D. TRAINING COSTS ..... ............................... 1667 47 -51 52 -56 ,
i�
E. OTHER DIRECT COSTS ............................ r1680 4 800 -- 57-61 - 4 800 62 -66'`
a
— r
F. INDIRECT COSTS" .... ............................... 67 -71 - 72 -16
TOTAL SECTION III I
(Add Ala, Alb, Ape, Alb,
8,
S. D. E, 111d,11 8,250 8,250
V. SUBAGREEMENT COSTS ............................... IFno 5E 17 -21 2p -Y6
V. TOTAL COSTS- OF PROJECT 2 - 250,860 34.40 f
- - - -- - -- - - - ?6,860- -- 224,000 I. May Include both cash outlay and value of goods a selvicoa In 09tlars•.
2. Salaries of all full -time staff positions shall not exceed the hmllotioos set forth inSpe6ial PI' vi__sion t s �: ••
for comparable work m the area, and shall opt exceed tip rates Weasnted r Q • -- - -Q� �4£� #$ ;
In too Spons@(s R4Je_�! ApgltE;itl4a Sni!841 nlli:
3. Reimbursement to employees shall be In accord with sponsor's est4bllshoo pplil?y At Iat@li 1191 t@ @xE@ @Q tit S; �i0t:Eifl9! @Al �lafl$319i,
4. Allowable cost for rent shall not exceed the amount normally charged by the swilol (q almllat N8@ 9I lh! 1aE114•
5. Indirect costs provisional subject to audit, at a late not to eac @ed 1
Of j'
This budget Ia subject to adjustment If period of opgatian i4 less Jhan p@rlpd ep@EIIiaQ jh tj� gPPO }plr; �(BjeE! P9AlIE9i�9A� §AEfI9A j (l�j•
i
FBe1p RriP:I f4 =f 7:EJf 1
a
1
1
.OP
If any Section, or portion of a•Sect)on, is modified, complete the
ALL
1. AGREEMENT NO. 3.11
2. MOO. NC
ONLY-
entire Section. Enter Agreement No. and Mod. No.
CARDS
30115_4$
(
SectionXVll- ENROLLEE DISTRIBUTION BY WORK CLASSIFICATION AND COST - Check the Project/ Component In
Item 1 to which this listing applies. Submit separate pages for each Project/ component if more than one. See Instructions
for coding Work Assignments (Jobs).
1. PROJECT/ COMPONENT (E-tude column (f) for a Work t raininif In Industry Component) 3A 15
10 IN SCHOOL (NYC) 2 ® OUT OF SCHOOL (NYC) 1 3 ❑ SUMMER (NYC) 4 Q WTI (NYC) 6 Q OM O 0 NEW CAREERS
7 Q SPECIAL IMPACT 4 0 OTHER (Specify)
2. WORK CLASSIFICATION AND COST (Sea S atilt co tl°na, lI D.)
WORK CLASSIFICATION
CODE
TOTAL
ENROLLEES
PER WORK
HOURS
PER WEEK
PER
NUMBER
OF
TOTAL
RATE
PER
TOTAL
-
CLASSIFICATION
ENROLLEE
WEEKS
HOURS
HOUR
AMOUNT
(o)
(b
d
f
a' 3A 17.22
23.27
b. 2 3
3 -3
c. 39.44
45.49
d. 50.55
56.60
' 61 -66
67 -71
20x388 36 17 -22
2327
�5
30
52
39,000
1.6o
62,400
9 38X778 28.33
1 34-38
30
52
1,56o
1.6o
2,496
4oX677 3944
2 46.49
30
52
3,120
1.6o
4,992
37X565 sass
3 56 -60
52
4,680
1.60
7,488
30x778 61-66
k.
1 67.71
30
52
1,56o
1.6o
2,496
85x778 3c n -2z
1 23.27
30
52
1,560
1.60
2,496
0OX274 28-33
2 34-38
30
52
3,320
1.60
4,992
IT. 07x378 3s as
1 4149
30
52
1,560
1.6o
2,496
R 24X368 50-55
1 ss -so
30
52
1,560
1.6o
2,496
o 19x108 61 -66
6 67 -71
30
52
9,360
1.6o
14,976
P 35X778 3D 17.22
5 23-27
30
52
7,800
1.60
12,48o
R 23x368 2833
3 3438
52
4,680
1.60
7,488
IF THIS IS THE LAST PAGE FOR A PROJECT/ COMPONENT. COMPLETE ITEMS 3, 4, AND S. IF MORE SPACE IS NEEDED
COMPLETE ANOTHER PAGE 13. -
3. TOTAL
39.44
45.52
70
109,200
174,717
4. LESS PHASE IN /PHASE OUT AND ABSENTEEISM
PERCENT
53,66
Approx
18 %
19 ,6
31, 495
5. TOTAL ENROLLEE WAGES (B.,19.1 Ilnes I°OI and 7602)lnevrt in Col. (Q)
89,514
13
TOTAL HRS.
„•
61.68
5 143.222
34 -2
f
j
r
r-
i.
If
1
I,
FORM BWP.1 (5.17 -87)
t}
1111111IS111
1 1
s
3
.i
i
iP
If any Section, or portion of a'Section, Is modified, complete the
qLL
L AGREEMENT NO. 3.11
ONLY -►
entire Section. Enter Agreement No. and Mod. No.
CARDS
3045 -48
SectionXVII- ENROLLEE DISTRIBUTION BY WORK CLASSIFICATION AND COST
-Check the Project/ Component In
Item 1 to which this listing applies. Submit separate pages for each project/ component it more than one. See Instructions
for coding Work Assignments (Jobs).
1. PROJECT / COMPONENT (ERCludo column (1) for a Work Twlning In Induefry Compononf)
3A 15
1 ❑ IN SCHOOL (NYC) 2 OUT OF SCHOOL (NYC) 1 3 ❑ SUMMER (NYC) 4 ❑ WTI (NYC) 8 ❑ OM 5 [:]NEW CAREERS
7 ❑ SPECIAL IMPACT 8 ❑ OTHER (Sp° Ify)
2. WORK CLASSIFICATION AND COST (Sea 5 °cl fl ce Non°, fl D.)
WORK CLASSIFICATION
CODE
EN TOTAL
ROLLEES
HOURS
PER WEEK
NUMBER
OF
TOTAL
RATE
TOTAL
PER WORK
CLASSIFICATION
PER
ENROLLEE
WEEKS
HOURS
PER
HOUR
AMOUNT
(0)
(b)
(c1
(d )
f
3A 11.22
23.27
b'
2 33
33
c' 39.44
45.49
d.
50.55
56.60
61 -66
67 -71
f'
36 37 -22
19X208
23-27
1
30
52
1,560
1.60
2,496
v 04X081 28-33
1 34.38
30
52
1,560
1.60
2,496
09x228 39-44
45.49
10
30
52'
15,600
1.6o
24,960
50.55
09x228
I
56.60
1
30
52
1,560
1.60
2,496
07X368 61.66
'
1 67 -71
3 0
52
1,560
1. 6o
2,496
3C 17 -22
23 -27
t. 91X577
5
30
52
7,800
1.60
12,48o
28.33
34-38
' 39-44
45.49
n' 50.55
56.60
' 61.66
67 -71
p 3D 17 -22
23.27
R'
28.33
34.38
IF THIS IS THE LAST PAGE FOR A PROJECT/ COMPONENT. COMPLETE ITEMS 3, 4, AND 5. IF MORE SPACE IS NEEDED
COMPLETE ANOTHER PAGE 13.
3. TOTAL - --��
39.44 , ,
45.52
4. LESS PHASE IN /PHASE OUT AND ABSENTEEISM
PERCENT
53.60
$. TOTAL ENROLLEE WAGES (B-dg°t Ilnee 1601 end 1602) lneerl fn C.I. (9)
18
rorAL xns.
;,;:
61.68
$
34 -2
i
FORM EwP -1 (8- 17.67)
-.
I
1
If any Section, or portion of a Section, Is modified, complete the ALI.
ONLY entire Section. Enter Agreement No. and Mod. No.
•AGREEMENT NO
3 ll
.MOD. NO�
SPONSOR'S
FEDERAL
CARDS
j
30 15 -48
AMOUNT
—
SHARE
SeMiDn XVIII — DATA IN SUPPORT OF PROJECT /COMPONENT
( -) b)
' 15
d
BUDGET
Project/ component for which a Budget Is shown in Section XVI.
— Complete
a separate Page
for each
j
i
TYPE OF PROJECT .COMPONENT (Check whl ch)
2,710
Ii3IS INYCI 2 (MOS INYC)=l 309UMM. INYCI .QWTI INYOI
6 OM a ❑NO
T0.,
3I
aQOTHER(Spa
b. TRANSPORT ENROLLEES TO JOB SITES
1. ENROLLEE FRINGE BENEFIT COSTS (Budget Item 1610)
FRINGE BENEFIT
» AMT. RATE
RATE -APPLIED TO
TOTAL
AMOUNT
SPONSOR'S
FEDERAL
BY (sp -a wBus— Automobile
( -) (b)
I. TOTAL BUDGET ITEM 1622V
SHARE
SHARE
10 enrollees @ 350 wk. X 52 wks.
(c)
(d)
(e)
j
.............................
5.2 143,222
7,447
7 447
b. WORKMEN'S COMPENSATION
c. TOTAL BUDGET ITEM 1621 ...............
,,,,,,,,,,,,,,,,,,,,,,,,
1.8
2 577
2
1 SUPPORTIVE SERVICES NOT c i ,-n -., a,..
e. OTHER (spealy)
_
d. OTHER (specrly)
e. OTHER (spacity)
I. TOTAL BUDGET ITEM 1610.. .....................
t'
•''
2. ENROLLEE TRANSPORTATION
10,024
10,024
EXPENSES (Buda.111 m 1621)
_
TRANSPORTATION EXPENSE
MILES RATE
PER PER
NO.
TOTAL
SPONSOR'S
FEDERAL
WEEK MI.
WKS.
AMOUNT
SHARE
SHARE
-. TRANSPORT ENROLLEES TO JOB SITES
( -) b)
' 15
d
f
FROM CENTRAL PICK-UP POINT BY (s,,I,,
27
2,710
2,710
d. OTHER (sp.auy) '
b. TRANSPORT ENROLLEES TO JOB SITES
.. OTHER (sp.alfy)
FROM (Speci/y)
BY (sp -a wBus— Automobile
I. TOTAL BUDGET ITEM 1622V
10 enrollees @ 350 wk. X 52 wks.
• ,,,,c
>
g
4,210
4,210
180
180
'
c. TOTAL BUDGET ITEM 1621 ...............
180
180
1 SUPPORTIVE SERVICES NOT c i ,-n -., a,..
_
SUPPORTIVE SERVICE
;RO . OF
L. S
RATE
EN
ROLLEE
TOTAL
AMOUNT
-)
(b)
(c )
N;N
-.MEDICAL EXAMINATION��; .....................
b. OTHER (spaclly) Tuiti On and VOCational..
training
a. OTHER rsp,aty)
8.2
' 15
1,500
100
27
2,710
2,710
d. OTHER (sp.auy) '
.. OTHER (sp.alfy)
,
I. TOTAL BUDGET ITEM 1622V
• ,,,,c
>
g
4,210
4,210
I.
f
f
I
t
i,
FosM ewP., le -n -eTl 'r
35 -2
dP
ONLY
If any Section, or portion of a Section, IS modified, complete the
entire Section. Enter Agreement No. and Mod. No.
I. AGREEMENT NO
3045 -48
2. MOO. NO.
Section XVIII — DATA IN SUPPORT OF PROJECT /COMPONENT BUDGET (0111ntinued)
TYPE OF PROJECT/ COMPONENT (Check which)
I�IS INYt;I 2 ®05 1NYC♦ SUMM. INYC; e0 WTI 1NYCl 6 ❑OM 0 N ,Q11
e Q OTH ER (Specify)
4. STAFF FRINGE BENEFIT COSTS (Budget 1# -1640) -
FRINGE BENEFIT
R
RATE
Ip)
AMT. RATE
APPLIED TO
(b)
TOTAL
AMOUNT
k)
SPONSOR'S
SHARE
f6)
FEDERAL
SHARE
(q
a. F. I. C. A ............ ............................... ....... .
. �
5.2
45,180
2 350
2,350
1-5
45,180
670
67o
7
b. WORKMEN'S COMPENSATION ......................
3
45,180
1,350
1,350
c. HEALTH AND WELFARE INSURANCE.........
5
11. O RETIREMENTS ❑ PENSION ..................
e. OTHER (spec11y)
•1.0
45,180
451
451
5
I. OTHER (spedty)
g. TOTAL FRINGE BENEFIT COSTS FOR STAF
"iRss; >; ""
:' 2
x
4,821
4,821
5. STAFF TRAVEL EXPENSES (Budget Item 1650)
TRAVEL EXPENSE
MILES
PER
WEEK
RATE
TIME
TOTAL
wca. AMOUNT
SPONSOR'S
SHARE
FEDERAL
SHARE
S /aA,
, /Mr.
All
a. TR V L BY (speclry)
Automobile
1,500
6y s
4
10
�d ,
"p5
f
2
5 7,800
h
7,800
b. PER DIEM ...... ...............................
c. TOTAL TRAVEL COSTS FOR STAFF...
f€:� '
21
9
15
; "' , 315
315
j'7 si %!
sq A
1665,
1662, 1666)
9f $ 11
, 5
$,115
6. SUMMARY OF EQUIPMENT COSTS (Budget
/tome 1661,
EQUIPMENT
ACCOUNT
NO.
TOTAL
AMOUNT
SPONSOR'S
SHARE
FEDERAL
SHARE
e. OFFICE EQUIPMENT
b
e
1. Purchaset ........................................... ...............................
1661
2. Rental or Use ..................................... ...............................
1665
b. PROJECT EQUIPMENT
1662
1. Purchase ........................................... ...............................
2. Rental or Use ..................................... ...............................
1666
c. TOTAL EQUIPMENT COSTS ................... ...............................
a
,
37-2
r
N
SOVIOn XYIII — SPONSOR'S STAFF
_
I. TYPE OF PROJECT /COMPONENT 4A 15
II----II
I ❑ Is 4—C. 2 M OS INYC>—1 3 J SUMM (NYCI ♦ Q WTI (NYC) S ❑ OM S ❑ NC l 0 91 B Q OTHER (Specify)
2. DETAILED STAFF LISTING —eCEO TER 01TA FOR CIE. 1-30II WORR1ve ON TIC FnWECT /CeMVOIIEIT 1e O1C.Cr CO Ix ITEM 1 •611E.
+
I
BUDGET
SALARY
PER
NO. UNITS
PAID
-% OF
ITEM
NUMBER
POSITION TITLE
TIME
TO Pas
TOTAL
AMOUNT
SPONSOR
SHARE
FEDERAL
SHARE
HOUR
WEEK
HOURS
WEEKS
(el
al
(C)
(a�
t.l
m
(n)
1631
Project Director
240
240
52
100
1 12,480
12,480
'''
°-
1631
Ad>mnistrative Assistan
130
130
52
loo
6,760
6,760
m
,o
1631
Office Manager
100
100
52
100
5,200
5,200
°a d
1633
Colmselor- Coordinator
200
I
200
52
100
10,4o0
10,400
�g
1633
Counselor
195
195
52
100
10,340
10,340
r. a
I
Z.
•
Z.
og
1634
Supervision 1 -10
$3.00
8,952
26,856
26,856
'
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r
r
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_
J- m
vl s
I m
.
z
O
w
O
0
O
z
O
3. TOTAL STAFF THIS 17 -20
4.
PROD. /COMP.
TOTALS ►
72,036
26,856
45,180
(
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.7NLY Y ec Ion, or Portion of a Section, Is modified, Complete ibe
entire Section. Enter Agreement No. and Mod. No.
1. AGREEMENT NO, 2, MOD. N
3045 -48
Section XVIII —DATA IN SUPPORT OF PROJECT / OOMPONENT
NO.
TOTAL
TYPE OF PROJECT/ COMPONENT
BUDGET (Continued)
- -.
_ —,
1015 INYCI 2pf�6e INY l SC15UMM INYCI
TOTAL
MO,
4QWTI (NYC) p ❑OM
OQNC 70 51 9)]OTH
ER (Specify)
7. RENT (Budget Liam 1663) _INCLUDE utilities and
SHARE
custodial services in rate per square
toot per month.
(R
RENT
SQUARE
FEET
RATE /SQ.
FT. /MO.
MO. IN
USE
NO.STAFF %
USING
TOTAL
AMOUNT
SPONSOR'S
FEDERAL
;•
(p)
(b)
LINE ITEMS (Specify)
USE
SHA qE
SHARE
.. ;`
•�;`..
IZ
1,200
1,200
b. TELEPHONE & POSTAGE ..............................
t7
a. RENT . ...........................�...
$2T5 per mo. X 12 mo
11026
12
5 100
3,300
3,300
b. RENT . ...............................
12
1,800
1,800
C. OTHER ( Specify) MIS C.rPa}rr011 Dlts.
c. TOTAL BUDGET ITEM 1663..
-w
150
'
12
1,800
19800
e. INSURANCE AND BONDING (Budget
..
item Idpd),
3,300
3 300
,
INSURANCE AND BONDING
NO.
AMOUNT OF STAFF
INS. OR BOND
TOTAL SPONSOR'S
FEDERAL
COVERED
AMOUNT SHARE
SHARE
e. LIABILITY INSURANCE .. ...............................
(a) (b)
(e) (d)
(e)
It. FIDELITY BOND ............ ............................... 25,000
150 150
e. TOTAL BUDGET ITEM 1664...... '
150
9. OTHER DIRECT CO5 T5 ( Budges If.. I670) 150
OTHER DIRECT COSTS
COST
PER
t /MO. TE).
NO.
TOTAL
SPONSOR'S
FEDERAL
BASE
TOIL
TOTAL
MO,
FEDERAL
MOs.
AMOUNT
SHARE
SHARE
SHARE
(R
(b)
c)
d
(d)
f
)
u. DESK TOP SUPPLIES, ETC .............................
;•
LINE ITEMS (Specify)
100
.. ;`
•�;`..
IZ
1,200
1,200
b. TELEPHONE & POSTAGE ..............................
t7
150
12
1,800
1,800
C. OTHER ( Specify) MIS C.rPa}rr011 Dlts.
-w
150
12
1,800
19800
d. OTHER (Specify)
e. TOTAL BUDGET ITEM 1 670 ............................
10. INDIRECT COSTS (Budge! item IddO)
4,800
4,800
:r
38 -2
FORM eWP.IA Ie.17.e71
r.
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it
n
_.s
I
E
L
i'
F
1
i
F�
INDIRECT COSTS
';
RATE
AMT. RATE
TOTAL
SPONSOR'S
FEDERAL
APPLIED TO
AMOUNT
SHARE
SHARE
a. PROVISIONAL RATE (Col.
(c)
(d)
(e)
e)
BASED ON FOLLOWING BUDGETARY
LINE ITEMS (Specify)
It. TOTAL BUDGET ITEM 1660 .........................
t7
:r
38 -2
FORM eWP.IA Ie.17.e71
r.
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it
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i-
enI arty Section, of portion of a Section, Is modified, comple% the • AGREEMENT NO. j. MOO. NO.
tire Section. Enter Agreement No. and Mod. No. 30!15 -48
' Section XXI — ADDITIONAL SPECIFICATIONS — in the event of any conflict between the terms and conditions of this Section'
and other terms and conditions of this Agreement, the terms and conditions of this Section shall govern.
1
1. The Sponsor is hereby authorized to grant to all enrollees and all full time
staff members the following holidays with pay:
New Year's Day Memorial Day Labor Day Thanksgiving
Washington's Birthday Independence Day Veterans' Day Christmas Day
Columbus Day
2. The Sponsor is authorized to grant annual leave and sick leave in accordance
with U. S. Department of Labor, Manpower Administration Neighborhood Youth
f Corps and Operation Mainstream Sponsor's Issuance No. 17 -71, dated August 20,
1971; subject "Standard Leave Policy for Sponsors" and Change 1, thereto,
dated December 2, 1971.
3. The performance of this contract shall be conducted under a Project Director
selected in accordance with the standards of the Manpower Administration.
Project Directors and other project staff members will not be hired without
the prior written approval of the Contracting Officer or his designated re-
presentative. The Government reserves the right to disapprove and compel
1 the replacement of Project Directors and other staff members whenever the
circumstances indicate that such action is in the best interest of the Gov-
ernment and of the project.
i
4. Section VIII, Page 27, of the Agreement is amended to add:
"In addition, the Sponsor will indicate the name and location of each
work station provided by each participating agency. This listing to
be a separate document submitted to the appropriate Project Officers."
r
5. Prior to the dismissal of an p
� y project staff member specific reasons for dis-
missal will be provided the Project Officer in writing.
6. Hours of work:
NYC -1 enrollees will work the hours specified in Section XIII, Schedule
of Enrollees, and in no case will the hours of work and participation
exceed 40 hours per week.
Minimum 24 hrs., Maximum 40 hrs., Average 32
NYC -2 enrollees will work the hours specified in the Employability Plan.
The Project Staff members will work 40 Hours per week or a specified per-
centage thereof. Staff members working less than 40 hours per week will
be paid on a pro rata basis.
{1
I
r
ry
OR
40 -2 !'
FN If arty Sadlon, or partlan of a Section, Is modified, compl{b the entire Section. Enter Agreement NO. AW luDd, No. • AGREEMENT NO, 11 2. Moo. no.
1 3045 -48 1314
IX - EPOOM $ STAFF SMM=ART f
OF STAFF SALARIES — On Line 1 Indleab the tDUI humflx of staff, In each salary range, receiving salaries, In whole or part, /
1 l Funds under the AQaement. On Lift 2 Indleab the total salarfes, In each r
wo, charged to the Federal Share el the p�p.
FF i A L A R Y R A N 0 E F'
FUNDS DERAL UNDER S {,000- i7,300- f ►.000. Si 0.500- SHARE f6,000 7,1lf 10,4p I1,599 313.429 $13,300.
14,99! AND OVER
(a) (b) (e) d f
TOTAL STAFF 46 IS_lg 19.22 2326 27.30 31 -34 35.38 39.42 h
UNDER 43.46 f
AGREEMENT 1 1 2
1
TOTAL SALARIES 47.51 52.56 57.62 63.69 70-76 4C 15.21 22 -28 29.35
TO AGREEMENT
(r-d., -r Sh-N,) 5,200 6,76o 20 ,740 12 ,480
Seallon XX - FINANOIAL INFORMATION
1. BONDING 2. CAN SPECIAL BANK ACCOUNT BE ESTABLISHED?
+ Ending date of bond
1109 RKOUIRED 2 Ore NOT A CQUIRRO Y,) Ov ov .MA3 . '' aONO �PC MARK ACCOUNT F
,
ATTACNa0
j 3. NAM[ OF PAR Y MITN MNOM FUND? 111LL BE oEl•oa1T[D (p- p.rra,,.� �
i Corpus Christi Bank & Trust
i
. OF ICER 1 OF THE SPONSOR - 1
' AGREEMENT LIST THE TITL EI31 OF OFFICl RISI RElPON31BL[ FOR OISBURSINO FUNDS UNDER THIS
Project Director has final responsibility for authorization of the
disbursement of funds. The Project Director is responsible for inter-
preting the policies as defined in the NYC-1 program guidelines, and -
applying these policies to individual cases. This is deemed necessary
in order to insure a flexible administration of this project in order
to meet, most effectively, the individual needs of'the enrollees.
The City of Corpus Christi will sign checks for disbursement of funds
on the written authorization of the project director,
39 -2
' k
F.RM *WP-1 1!•17.471
P ifi
I
oWP If any Section, or portion of a Section, is modified, complete Tha ALL 5
ONLY entire SeC11011. Ellh'I 1. AGgEEMENT NO. 2. MOD. NO,
Agreement No. and Mod. No. CAMS 3045 —li8
SWetigBAAII— TRAINING CUTLIIE AR SCHEDULE (Pre m- m<T-InlnalnInd..frym„) A9 specified iIl
Complete a separate form for: (1) Each organization which will provide work - training for Enrollees; or 1
(2) The same or S cificatitme
organization which is to provide work - training in different occupations.
1. SPONSOR'S NAME (S— a. S.c. I. Iree. I, Fero, BNP -!)
2. NAME OF ORGANIZATION TO PROVIDE WORK- TRAINING
A 15.61
f"
3. OCCUPATION CODE 1. TYPE OF OCCUPATION(Tr./.n
l S•,e- OT1ATEO RATE (7'relnlna
lr.. pr Snrolle. Per W.erU 68.69
1 NO. PE DNS TO BE TRAINED
AT ONE TIME 70-72 • HOURLY WAGE RATE 1 '
j g. DURATION OF TRAINING (App_, 1 ,
11 wesk�)
9. DESCRIPTION OF TRAINING (Proes..sq el»r.Uen., .Mil.)
I .
{I
7
1 ,
I
I
{i
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N/A
i
r
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I s.
I
t0• SUPPLEMENTARY INSTRUCTION TO BE PROVIDED (Cheek
I( 1 ❑ YES 2 ❑ NO %9
TVPE OF INSTRUCTION .
iy
PROVIDED nY INem. of OramllaaNO.0
f I1, SCHEDULE OF SUPPLEMENTARY INSTRUCTION Y
tl L.
I
20
FARM OWP•l ($•17.117) o
.� i• n ` � •
' Feu ewP•i
,,
�n•roen
� � h
i
22
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43 -2 t
)
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If Section, w of a'Section, -is modified, compi6te the
ALL
1. AGREEMENT NO
2. MOO. N q
qp
any portion
No.
CARDS
3045 -48
ONLY
entire Section. Enter Agreement No. and plod.
_
Section XXIV - AGENCIES RESPONSIBLE FOR FOLLOW -UP - Indicate, in order of priority, the name and address of foul
agencies which will have primary responsibility for follow-up of Enrollees who leave the Project /Component for negative
reasons (e.g., could not adjust to work, disliked staff, poor attendance, etc.)
If Sponsor is one of the four agencies, Insert the word "Sponsor" In the Agency Name block. Name and address of the
Sponsor must be the same as that shown In Section I.
7A 1.
CHECK PROJECTIS) /COMPONENT(S) FOR WHICH AGENCY WILL PROVIDE FOLLOW -UP 16.26
10113 2 CkO /e 3 ❑ SUM 4 ❑ WTI e ❑ OM 60"C 7 ❑ SI a rl OTHER (Spec((y)
INYCI
15
2.
INYc) INYCI INYCI
AGENCY NAME 3. ADDRESS (Number and Street) ] B
Corpus Christi Multi Counties N.Y.C. P. 0. Box 9195
A
0/S
14.
CITY OR TOWN 41 -59 5. STATE 5¢60 T. ZIP CODE 61 -65 7. PHONE (Are/r Cede andN -b.,)
Corpus Christi Texas 78408 532/883 -3866
FOR WHICH AGENCY WILL PROVIDE FOLLOW -UP
(t I.
CHECK PRO JECT151/COMPONENTI5I
1 ❑ 1/e 2 EkO /S S ❑ SUM. 4 ❑ WTI a ❑ OM a ❑ NC 7 L1 '1 e ❑ OTHER (Sped (y)
INYr:) INYCI INYCI INYCI
2. AGENCY NAME - 27.76 3. ADDRESS (Nun0- and Street) 7B1 16-40
Texas Employment Commission P. 0. Box 748
e
1.
CITY OR TOWN 1-
.58
5. STATE 0
6. ZIP LODE 1_
7. PHONE (Area Code and Number)
78403
Corpus Christi
Texas
532/882 -7491
7A
1. CHECK PROJECTIS) /COMPONENT(S) FOR WHICH AGENCY WILL PROVIDE FOLLOW -UP
101/4 200/4 3❑SUM. 4 ❑WTI a ❑OM a ❑NC 7❑sl a OTHER(SPeCOY)
INYCI INYCI tNYC)__
15
(NYC)
2. AGENCY NAME 2 -75 3. ADDRESS (Number and Street) 78 16-40
C
4. CITY OR TOWN gl.sg
5. STATE 58.60
6. ZIP CODE 61.65
1
7. PHONE (Area Code and Number)
'
/Sj /COMPONENT151 FOR WHICH AGENCY WILL PROVIDE FOLLOW-UP
A
I. CHECK PROJECT
I ❑ 1/8 2 ❑ O/S s ❑ SUM. 4 [:1 WTI 5 ❑ OM a ❑ NC 7 0, St 6 ❑ OTHER (Spe,00)
15
INYCI INYCI INYCI (NYC)
3. ADDRESS (Number and 5rroer) 713 1.40
2. AGENCY NAME
0
4. CITY OR TOWN 41.58 5. 4T ATE 5960 6. ZIP CODE 61.65 7, PHONE (Area Cade and Number)
I
' Pa.M "WP.I te•17•e1
22
i I ;
43 -2 t
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UNITED STATES DEPARTMENT OF LABOR
MANPOWER ADMINISTRATION
GENERAL PROVISIONS
for
COST - REIMBURSEMENT TYPE CONTRACTS
1
1 JvLY 1969
The General Provisions of this contract consist of the
SERIES A.
following clauses attached hereto:
1. Definitions
Additional General Provisions for Cost - Reimbursement
Type Contracts With Training Components under the
2. Changes
Economic Opportunity Act of 1964, As Amended, and the
3. Limitation Cost
Manpower Development and Training Act of 1962, As
of
Amended:
4. Allowable Cost, Fixed Fee, and Payment
A-31. Child Labor
5. Assignment of Claims
A-32. Maintenance of Effort
6. Audit and Records
A -33. Relocation of OJT Contractors and Subeontrac-
7. Examination of Records
tors
8. Subcontracts
A -34. Termination of Trainees or Enrollees
9. Termination
A -35. Review and Reconsideration of Adverse Action
9a. Termination for Default or for the
A-36. Trainee or Enrollee Wages
A-37. Political Activity.
Convenience of the Government
9b. Termination for Convenience the
A -38. Elderly Participants.
Government (Special Situations)
A49. Davis -Bacon Act and Contract Work Hours
10. Excusable Delays
Standards Act
11. Disputes
A40. Employment or Payment of Certain Individuals
12. Buy American Act Supply and Service Contracts
Precluded
A-41. Trainee /Enrollee Worksite
13. Convict Labor
A-42. Eligibility of Trainees or Enrollees
14. Equal Opportunity
A-43. Utilization of Facilities
15. Officials Not to Benefit
A-44. Federal Share of Program Costs
16. Covenant Against Contingent Fees
A45. Laws Applicable
17. Notice and Assistance Regarding Patent and
A46. Nondiscrimination
Copyright Infringement
18. Insurance (Liability to Third Persons)
19. Utilization of Small Business Concerns
SERIES B.
20. Utilization of Concerns in Labor Surplus Areas
Additional General Provisions for Cost - Reimbursement
21. Price Reduction for Defective Cost or Pricing
Type Contracts Without Training Components under the
Data
Economic Opportunity Act of 1964, As Amended, and the
22. Subcontractor Cost and Pricing Data
r Development and Training Act of 1962, As
23. Advance Payments
Amended
24. Purchases and Government Property
B-31. Political Activity
25. Disposition of Data and Copyrights
B -32. Contract Work Hours Standards Act - Overtime
26. Questionnaire Approval
Compensation
27. Disclosure of Confidential Information
B -33. Elderly Participants
28. Order of Precedence
B -34. Employment or Payment of Certain Individuals
29. Gratuities
Precluded
B -35. Davis -Bacon Act
30. Interest
B46. Laws Applicable
1
UNITED STATES DEPARTMENT OF LABOR
` MANPOWER ADMINISTRATION
r
GENERAL PROVISIONS
for
COST - REIMBURSEMENT TYPE CONTRACTS
1 JULY 1969
The General Provisions of this contract consist of the following clauses attached
hereto:
I. Definitions
2. Changes
3. Limitation of Cost
4. Allowable Cost, Fixed Fee, and Payment
5. Assignment of Claims
6. Audit and Records
7. Examination of Records
8. Subcontracts
9. Termination
9a. Termination for Default or for the Convenience of the Government
9b. Termination for Convenience of the Government (Special Situations)
10. Excusable Delays
11. Disputes
12. Buy American Act Supply and Service Contracts
13. Convict Labor
14. Equal Opportunity
15. Officials Not to Benefit
16. Covenant Against Contingent Fees
17. Notice and Assistance Regarding Patent and Copyright Infringement
18. Insurance (Liability to Third Persons)
19. Utilization of Small Business Concerns
20. Utilization of Concerns in Labor Surplus Areas
21. Price Reduction.for Defective Cost or Pricing Data
22. Subcontractor Cost and Pricing Data
23. Advance Payments
24. Purchases and Government Property
25. Disposition of Data and Copyrights
26. Questionnaire Approval
27. Disclosure of Confidential Information
28. Order of Precedence
29. Gratuities
30. Interest
3
� '
1. DEFINITIONS
As used throughout this contract, the following term
shall have the meaning set forth below:
(a) "Head of the agency" or "Secretary" as use
herein means the Secretary, Under Secretary, an
Assistant Secretary of the United States Department o
Labor; and the term "his duly authorized represents
tive" means any person or persons or board (other than
the Contracting Officer) authorized to act for the head
of the agency or the Secretary.
(b) "Contracting Officer" means the person executing
this contract on behalf of the Government, and any
other individual who is a properly designated Contract-
ing Officer; and the term includes, except as otherwise
provided in this contract, the authorized representative
of a Contracting Officer acting within the limits of his
authority.
(c) "Contract" means establishment of a binding
legal relationship basically obligating the seller to fur-
nish property and /or services (including construction)
and the buyer to pay therefor. It includes all types of
commitments which obligate the Government to an ex-
penditure of funds and which, except as otherwise au-
thorized, are in writing. As used herein, the term shall
he synonymous with "agreement."
(d) Except as otherwise provided in this contract, the
term "subcontract" includes any contract, agreement or
Purchase, including the use of purchase orders, entered
into by the Contractor with a third party for the pur-
pose of procuring property and /or services under this
contract.
2. CHANCES
(a) The Contracting Officer may, at any time, without
notice to the sureties, by written order designated or indi-
cated to be a change order, make changes in the work
within the general scope of this contract, in any one or
more of the following: (1) drawings, designs, or specifica-
tions; (2) in the method or manner of performance of the
work; (3) in the Government- furnished facilities; (4)
method of shipment or packing; or (5) place of delivery.
(b) Any other written order or an oral order (which
terms as used in this paragraph (b) shall include direc-
tion, instruction, interpretation, or determination) from
the Contracting Officer, which causes any such changes as
enumerated in (a) above, shall be treated as a change
order under this clause: Provided, That the Contractor
gives the Contracting Officer written notice stating the
date, circumstances, and the source of the order and that
the Contractor regards the order as a change order.
(c) Except as herein provided, no order, statement, or
conduct of the Contracting Officer shall be treated as a
change under this clause or entitle the Contractor to an
equitable adjustment hereunder.
(d) If any change under this clause causes an increase
or decrease In the Contractor's cost of, or the time re-
quired for, the performance of any part of the work under
this contract, whether or not changed by any such order,
an equitable adjustment hall be made and the contract
modified in writing accordingly: Provided, however, That
no claim for any change under (b) above shall be allowed
for any costs incurred more than 20 days before the Con-
tractor gives written notice as therein required, And pro-
vided further, That in the case of defective specifications
for which the Government is responsible, the equitable ad-
justment shall include any increased cost reasonably in-
curred by the Contractor in attempting to comply with
such defective specifications.
(e) If the Contractor intends to assert a claim for an
s equitable adjustment under this clause, he must, within 30
days after receipt of a written change order under (a)
d above or the furnishing of a written notice under (b)
d above, submit to the Contracting Officer a written state-
ment setting forth the general nature and monetary extent
of such claim, unless this period is extended by the Gov-
ernment. The statement of claim hereunder may be in-
cluded in the notice under (b) above. Where the cost of
Property made obsolete or excess as the result of a change
is included in the Contractor's claim for adjustment, the
Contracting Officer shall have the right to prescribe the
manner of disposition of such property.
(f) No claim by the Contractor for an equitable adjust-
ment hereunder shall be allowed if asserted after final
payment under this contract.
(g) Failure to agree on the terms of any equitable ad-
justment shall be a dispute concerning a question of fact
within the meaning of the clause of this contract entitled
"Disputes."
(h) Nothing in this clause shall excuse the Contractor
from proceeding with the contract as changed by the Con-
tracting Officer in writing, either by (i) issuance of a
written change order as described in (a) above, or (ii)
issuance of a written confirmation by the Contractng
Officer of the written notice required of the Contractor in
(b) above, resulting from an oral order by the Contract-
ing Officer.
3. LIMITATION OF COST
(a) It is estimated that the total cost to the Govern-
ment for the performance of this contract, exclusive of
any fee, will not exceed the estimated cost set forth in the
Schedule, or the Budget, as applicable. The Contractor
agrees to use its best efforts to perform the work specified
in the Statement of Work and all obligations under this
contract within such estimated cost. If, at any time, owing
to the addition of new work hereunder or otherwise, the
Contractor has reason to believe that the total cost to the
Government, exclusive of any fee, for the performance of
this contract, will be greater or substantially less than the
estimated cost then in effect under this contract, the Con-
tractor shall promptly notify the Contracting Officer in
writing to that effect, giving the revised estimate of such
total cost.
SIONSEOFCTH S CONTRACIT SPECIFICALLY CITING
AND STATED TO BE AN EXCEPTION FROM THIS
CLAUSE, THE GOVERNMENT SHALL NOT BE OB-
LIGATED TO REIMBURSE THE CONTRACTOR FOR
COSTS INCURRED IN EXCESS OF THE ESTI-
MATED COST SET FORTH IN THE SCHEDULE (OR
BUDGET), and the Contractor shall not be obligated to
continue performance under the contract (including ac-
tions under the Termination clause) or otherwise to incur
costs in excess of the estimated cost set forth in the
Schedule or Budget, unless and until the Contracting
Officer shall have notified the Contractor in writing that
such estimated cost has been increased and shall have
specified in such notice a revised estimated cost which
shall thereupon constitute the estimated cost of perform-
ance of this contract. No notice, communication or repre-
sentation in any other form or from any person other
than the Contracting Officer shall affect the estimated cost
of this contract. In the absence of the specified notice, the
Government shall not be obligated to reimburse the Con-
tractor for any costs in excess of the estimated cost set
forth in the Schedules, whether those excess costs were in-
1 July 1969
curred during the course of the contract or as a result of
termination. When and to the extent that the estimated
cost set forth in the Schedule or Budget has been in-
creased, any costs incurred by the Contractor in excess of
the estimated cost prior to such increase shall be allowable
to the same extent as if such costs had been incurred after
the increase, unless the Contracting Officer issues a termi-
nation or other notice and directs that the increase is
solely for the purpose of covering termination or other
specified expenses.
(c) Written directions issued pursuant to the
"Changes" Clause of this contract shall not be considered
an authorization to the Contractor to exceed the estimated
cost set forth in the Schedule or Budget in the absence of
some other contract modification increasing the estimated
cost of this contract. to the fee
( The provisions
if his this contract does not provide for
shall ll be inapplicable
payment of a fee.
4. ALLOWABLE COST, FIRED FEE, AND PAYMENT
(a) For the performance of this contract, the Govern-
ment shall pay to the Contractor:
(i) The cost thereof (hereinafter referred to as "al-
lowable cost ") determined by the Contracting Officer to
be allowable in accordance with:
(A) Subparts 1 -15.1 and 1 -15.2 of the Federal
• Procurement Regulations which prescribe cost princi-
ples for grants and contracts with commercial organ-
izations; Subpart 1 -15.3 of the Federal Procurement
Regulations which prescribes cost principles for con-
tracts with educational institutions, as in effect on the
date of this contract, as amended, and as further mo-
dified by Bureau of the Budget Circular A -88 in ef-
fect as of the date of this contract, as amended; and
Bureau of the Budget Circular A-87 which prescribes
cost principles for grants and contracts with State
and local governments, which the Federal Procure-
ment Regulations require to be used;
(B) The terms of this contract, as amended; and
(ii) Such fixed fee, if any, as may be provided for in
this contract.
(b) Once each month (or at more frequent intervals, if
approved by the Contracting Officer), the Contractor may
submit t an authorized representative of the Contracting
Officer, in such form and reasonable detail as such repre-
sentative may require, an invoice or public voucher sup-
ported by a statement of cost incurred by the Contractor
in the performance of this contract and claimed to consti-
tute allowable cost.
(c) Promptly after receipt o£ each invoice or vouche
. 1 statement of cost, the Government shall, except a
tractor with all the provisions of this contract (including,
without limitation, the provisions relating to patents and
the provisions of (f) below), the Government shall
promptly pay to the Contractor any balance of allowable
cost, and any part of the fixed fee, which has been with-
held pursuant to (c) above, or otherwise not paid t the
Contractor. The completion invoice or voucher shall be
submitted by the Contractor promptly following comple-
tion of the work under this contract but In no event later
than ninety (90) days (or such longer period as the Con-
tracting Officer may in his discretion approve in writing)
from the date of such completion.
(f) The Contractor agrees that any refunds, rebates,
credits, or other amounts (including any interest thereon)
under thisocont act shall be the by the Contractor t assignee
Government, to the extent that they are properly allocable
to costs for which the Contractor has been reimbursed by
the Government under this contract. Reasonable expenses
incurred by the Contractor for the purpose of securing
such refunds, rebates, credits, or other amounts shall be
allowable costs hereunder when approved by the Contract-
ing Officer. Prior to final payment under this contract, the
Contractor and each assignee under this contract whose
assignment is in effect at the time of final payment under
this contract shall execute and deliver:
(i) An assignment to the Government, in form and
substance satisfactory to the Contracting Officer, of re-
funds, rebates, credits, or other amounts (including any
interest thereon) properly allocable t costs for which
the Contractor has been reimbursed by the Government
under this contract; and
(ii) A release discharging the Government, its
officers, agents, and employees from all liabilities, obli-
gations, and claims arising out of or under this con-
tract, subject only t the following exceptions:
(A) Specified claims in stated amounts or in esti-
mated amounts where the amounts are not susceptible
of exact statement by the Contractor;
(B) Claims, together with reasonable expenses inci-
dental thereto, based upon liabilities of the Contractor
to third parties arising out of the performance of this
contract; Provided, That such claims are not known
t the Contractor on the date of the execution of the
release; And provided further, That the Contractor
gives notice of such claims in writing t the Contract-
ing Officer not more than six (6) years after the date
of the release or the date of any notice t the Con-
tractor that the Government is prepared t make final
payment, whichever is earlier.
r (g) The provisions of this clause relating t the fee
s shall be inapplicable if this contract does not provide for
payment of a fee.
sided in the contract, payment hereon as approved by
ig Oi make pay
ig Officer. Payment of the fixed fee, if any,
to the Contractor on a pro rata basis over
performance or as otherwise specified: Pro-
, That after payment of eighty -five percent
e fixed fee set forth in the Schedule or
er payment on account of the fixed fee shall
until a reserve of either fifteen percent
e total fixed fee, or one hundred thousand
000). whichever is less, shall have been set
aslae.
(d) At any time or times prior to final payment under
this contract, the Contracting Officer may have the in-
voices and statements of cost audited. Each payment
theretofore made shall be subject to reduction for amounts
included in the related invoice or voucher which are found
by the Contracting Officer, on the basis of Snell audit, not
to constitute allowable cost. Any payment may be reduced
for overpayments, or increased for underpayments, on
preceding invoices or vouchers.
(e) On receipt and approval of the invoice or voucher
designated
"completion her" and rupon compliance by the Con
5. ASSIGNMENT OF CLAIMS
(a) Pursuant to the provisions of the Assignment of
Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C.
15), if this contract provides for payments aggregating
$1,000 or more, claims for moneys due or to become due
the Contractor from the Government under his contract
be assigned to a bank, trust company,
financ-
ing institution, including any Federal lending agency, and
may thereafter be further assigned and reassigned to any
such institution. Any such assignment or reassignment
shall cover all amounts payable under this contract and
not already paid, and shall not be made to more than one
party, except that any such assignment or reassignment
may be made to one party as agent or trustee for two or
more parties participating in such financing.
(b) In no event shall copies of this contract or of any
plans, specifications, or other similar documents relating
to work under this contract, if marked "Top Secret," "Se-
cret" or "Confidential," be furnished t any assignee of
any claim arising under this contract or to any other per-
son not entitled to receive the same. however, a copy of
any or any n part a
information contained there may b
n be dis-
1 July 1969
J
closed, to such assignee upon the prior written authoriza-
tion of the Contracting Officer.
(c) If this contraeb provides for advance payments,
whether or not advance payments have actually been made
to the Contractor, notice of assignment shall not be ac-
knowledged unless:
1 (1) The assignment expressly recites that the rights
of the assignee are subordinate to the rights of the Gov-
ernment:
(i) To withhold from the Contractor amounts re-
quired to liquidate advance payments; and
(ii) To have deposited in the Contractor's special
advance payment bank account all monies payable to
the Contractor which the contract requires the Con-
tractor to deposit in that account; and
(2) The Contracting Officer obtains from the assignee
an agreement that the assignee will pay to the Contrac-
tor all amounts which may be received by the assignee
and which the Contractor is obligated by the contract to
deposit in its special advance payment bank account. In
special cases, additional documents signed by the Con-
tractor, or the assignee, or both, thought necessary by
the Contracting Officer to protect the interests of the
Government against the assignee, may be required by
the Contracting Officer.
6. AUDIT AND RECORDS
(a) The Contractor shall maintain books, records, docu-
ments, and other evidence and accounting procedures and
practices, sufficient to reflect properly all direct and indi-
rect costs of whatever nature claimed to have been in-
curred and anticipated to be incurred for the performance
of this contract. The foregoing constitute "records" for
the purposes of this clause.
(b) The Contractor's plants, or such part thereof as
may be engaged in the performance of this contract, and
his records shall be subject at all reasonable times to
inspection and audit by the Contracting,Officer or his au-
thorized representative.
(c) The Contractor shall preserve and make available
his records (1) until the expiration of three years from
the date of final payment under this contract, and (2) for
such longer period, if any, as is required by applicable
statute, or by other clauses of this contract, or by (i) or
(ii) below.
(1) If this contract is completely or partially termi-
nated, the records relating to the work terminated shall
be preserved and made available for a period of three
years from the date of any resulting final settlement.
(ii) Records which relate to (A) appeals under the
"Disputes" clause of this contract or (B) litigation or
the settlement of claims arising out of the performance
of this contract, shall be retained until such appeals, lit-
igation, or claims have been disposed of.
(d) (1) The Contractor shall insert the substance of
this clause, including the whole of this paragraph
(d), in each subcontract hereunder that is not on a
firm fixed -price basis.
(2) The Contractor shall insert the substance of
the following clause in each firm fixed -price subcon-
tract hereunder in excess of $100,000, except those
subcontracts covered by subparagraph (3) below.
AUDIT
(a) For purposes of verifying that cost or pricing data
submitted in conjunction with the negotiation of this con-
tract or any contract change or other modification involv-
ing an amount in excess of $100,000 are accurate, com-
plete, and current, the Contracting Officer, or his autho-
rized representatives, shall, until the expiration of three
years from the date of final payment under this contract,
have the right to examine those books, records, documents,
and other supporting data which will permit adequate
evaluation of the cost or pricing data submitted, along
with the computations and projections used therein, which
were available to the Contractor as of the date of execu-
tion of the Contractor's Certificate of Current Cost or
Pricing Data.
(b) The Contractor agrees to insert the substance of
this clause including this paragraph (b) in all subcon-
tracts hereunder in excess of $100,000 where the price is
not based on adequate price competition, established ca-
talog or market prices of commercial items sold in sub-
stantial quantities to the general public, or prices set by
law or regulation.
(3) The Contractor shall insert the substance of the
following clause in each firm fixed -price subcontract
hereunder in excess of $100,000 where the price is based
on adequate price competition, established catalog or
market prices of commercial items sold in substantial
quantities to the general public, or prices set by law or
regulation.
AUDIT -PRICE ADJUSTMENTS
(a) This clause shall become operative only with res-
pect to any change or other modification made pursuant to
one or more provisions of this contract which involves a
price adjustment in excess of $100,000, that is not based
on adequate price competition, established catalog or mar-
ket prices of commercial items sold in substantial quanti-
ties to the general public, or prices set by law or regula-
tion, And further provided, That such change or other
modification to this contract must result from a change or
other modification to the Government prime contract.
(b) For purposes of verifying that any cost or priein
data submitted in conjunction with a contract change or
other modification involving an amount in excess of
$100,000 are accurate, complete, and current, the Con-
tracting Officer, or his authorized representatives, shall,
until the expiration of three years from the date of final
payment under this contract, have the right to examine
those books, records, documents and other supporting data
which will permit adequate evaluation of the cost or pric-
ing data submitted, along with the computations and
projections used therein, which were available to the Con-
tractor as of the date of execution of the Contractor's Cer-
tificate of Current Cost or Pricing Data.
(c) The Contractor agrees to insert the substance of
this clause including this paragraph (c) in all subcon-
tracts hereunder in excess of $100,000, so as to apply until
three years after final payment of the subcontract.
7. EXAMINATION OF RECORDS
(a) The Contractor agrees that the Comptroller Gen-
eral of the United States or any of his duly authorized
representatives and the Secretary or any of his duly au-
thorized representatives shall, until the expiration of three
years after final payment under this contract, have access
to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor involv-
ing transactions related to this contract.
(b) The Contractor further agrees to include in all his
subcontracts hereunder a provision to the effect that the
subcontractor agrees that the Comptroller General of the
United States or any of his duly authorized representa-
tives and the Secretary or any of his duly authorized rep-
resentatives shall, until the expiration of three years after
final payment under the subcontract, have access to and
the right to examine any directly pertinent books, docu-
ments, papers, and records of such subcontractor, involv-
ing transactions related to the subcontract. The term
"subcontract" as used in this clause excludes (i) purchase
orders not exceeding $2,500 and (ii) subcontracts or pur-
chase orders for public utilitv services at rates established
for uniform applicability to the general public.
6. SUBCONTRACTS
(a) The Contractor shall give advance notification to
the Contracting Officer of any proposed subcontract here-
under which (i) is cost - reimbursement, time and mate-
rials, or labor -hour, or (ii) is fixed -price type and exceeds
in dollar amount either $25,000 or five percent (5;0) of
the total estimated cost of this contract, (iii) provides for
1 July 1969
the fabrication, purchase, rental, installation, or other ac-
quisition of equipment having a value in excess of $1,000
or of any items of industrial facilities; or (iv) has experi-
mental, developmental, or research work as one of its pur-
poses.
(b) In the case of a proposed subcontract which (f) is
cost - reimbursement, time and materials, or labor -hour
which would involve an estimated amount in excess of
$10,000, including any fee, (ii) is proposed to exceed
$100,000, or (iii) is one of a number of subcontracts under
this contract with a single subcontractor for the same or
related supplies or services which, in the aggregate are
expected to exceed $100,000, the advance notification re-
gaired by (a) above shall include:
(1) A description of the supplies or services to be
called for by the subcontract;
(2) Identification of the proposed subcontractor and
an explanation of why and how the proposed subcon-
tractor was selected, including the degree of competition
obtained;
Contractor's cost orp ice analysis thereof; heter with the
(4) The subcontractor's current, complete, and accur-
ate cost or pricing data and Certificate of Current Cost
or Pricing Data when such data and certificate are re-
quired by other provisions of this contract to be ob-
tained from the subcontractor; and
(5) Identification of the type of subcontract to be
used.
(c) The Contractor shall obtain the written consent of
the Contracting Officer prior to placing any subcontract
for which advance notification is required under (a)
above. The Contracting Officer may, in his discretion, ra-
tify in writing any such subcontract; such action shall
constitute the consent of the Contracting Officer as re-
quired by this paragraph (c).
(d) The Contractor agrees that no subcontract placed
under this contract shall provide for payment on a cost -
plus-a- percentage -of -cost basis.
(e) The Contracting Officer may, in his discretion, spe-
cifically approve in writing any of the provisions of a sub-
contract. However, such approval or the consent of the
Contracting Officer obtained as required by this clause
shall not be construed to constitute a determination of the
allowability of any cost under this contract, unless such
approval specifically provides that it constitutes a deter-
mination of the allowability of such cost.
(f) The Contractor shall give the Contracting Officer
immediate notice in writing of any action or suit filed, and
prompt notice of any claim made against the Contractor
by any subcontractor or vendor which in the opinion of
the Contractor, may result in litigation, related in any
way to this contract, with respect to which the Contractor
may be entitled to reimbursement from the Government.
(g) Notwithstanding (c) above, after giving the re-
quired advance notification, the Contractor may enter into
subcontracts within (i) and (ii) of (a) above, without the
consent of the Contracting Officer, if the Contracting
Officer has approved in writing the Contractor's procure-
ment system and the subcontract is within the scope of
such approval.
9. TERMINATION
9a. Termination for Default or for Convenience of the
Government
(a) The performance of work under the contract may
be terminated by the Government in accordance with this
clause in whole, or from time to time in part:
(1) Whenever the Contractor shall default in per-
formance of this contract in accordance with its terms
(including in the term "default" any such failure by the
Contractor to make progress in the prosecution of the
work hereunder as endangers such performance), and
shall fail to cure such default within a period of ten
days (or such longer period as the Contracting Officer
may allow) after receipt from the Contracting Officer of
a notice specifying the default; or
(2) Whenever for any reason the Contracting Officer
shall determine that such termination is in the best in-
terest of the Government.
Any such termination shall he effected by delivery to the
Contractor of a Notice of Termination specifying whether
termination is for the default of the Contractor or for the
convenience of the Government, the extent to which per-
formance of work under the contract is terminated, and
the date upon which such termination becomes effective.
If, after notice of termination of this contract for default
under (1) above, it is determined for any reason that the
Contractor was not in default pursuant to (1), or that the
Contractor's failure to perform or to make progress in
performance is due to causes beyond the control and with-
out the fault or negligence of the Contractor pursuant to
the provisions of the clause of this contract relating to ex-
cusable delays, the Notice of Termination shall be deemed
to have been issued under (2) above, and the rights and
obligations of the parties hereto shall in such event be
governed accordingly.
(b) After receipt of a Notice of Termination and except
as otherwise directed by the Contracting Officer, the Con-
tractor shall:
(1) Stop work under the contract on the date and to
the extent specified in the Notice of Termination;
(2) Place no further orders or subcontracts for mate-
rials, services, or facilities, except as may be necessary
for completion of such portion of the work under the
contract as is not terminated;
(3) Terminate all orders and subcontracts to the ex-
tent that they relate to the performance of work termi-
nated by the Notice of Termination;
(4) Assign to the Government, in the manner and to
the extent directed by the Contracting Officer, all of the
right, title, and interest of the Contractor under the or-
ders or subcontracts so terminated, in which case the
Government shall have the right, in its discretion, to
settle or pay any or all claims arising out of the termi-
nation of such orders and subcontracts;
(5) With the approval or ratification of the Contract-
ing Officer, to the extent he may require, which ap-
proval or ratification shall be final and conclusive for all
purposes of this clause, settle all outstanding liabilities
and all claims arising out of such termination of orders
and subcontracts, the cost of which would be reimbursa-
ble in whole or in part, in accordance with the provi-
sions of this contract;
(6) Transfer title to the Government (to the extent
that title has not already been transferred) and deliver
in the manner, at the times, and to the extent directed
by the Contracting Officer, (i) the fabricated or unfa-
bricated parts, work in process, completed work, sup-
plies, and other material produced as a part of, or ac-
quired in respect of the performance of, the work termi-
nated by the Notice of Termination; (ii) the completed
or partially completed plans, drawings, information, and
other property which, if the contract had been com-
pleted, would be required to be furnished to the Govern-
ment; and (iii) the jigs, dies, and fixtures, and other
special tools and tooling acquired or manufactured for
the performance of this contract for the cost of which
the Contractor has been or will be reimbursed under
this contract;
(7) Use his best efforts to sell, in the manner, at the
times, to the extent, and at the price or prices directed
or authorizedeby the Contracting Officer, any property
of the types referred to in (6) above: Provided, how-
ever, That the Contractor (i) shall not be required to
extend credit to any purchaser, and (ii) may acquire
any such property under the conditions prescribed by
and at a price or prices approved by the Contracting
Officer: And provided further, That the proceeds of any
such transfer or disposition shall be applied in reduction
of any payments to be made by the Government to the
1 July 1969
Contractor under this contract or shall otherwise be
credited to the price or cost of the work covered by this
contract or paid in such other manner as the Contract-
ing Officer may direct;
(8) Complete performance of such part of the work
as shall not have been terminated by the Notice of Ter-
mination; and
(9) Take such action as may be necessary, or as the
Contracting Officer may direct, for the protection and
preservation of the property related to this contract
which is in the possession of the Contractor and in
which the Government has or may acquire an interest.
The Contractor shall proceed immediately with the per-
formance of the above obligations notwithstanding any
delay in determining or adjusting the amount of the fee,
or any item of reimbursable cost, under this clause. At
any time after expiration of the plant clearance period, as
defined in Subpart 1-8.1 of the Federal Procurement Reg-
ulations (41 CFR 1 -8.1) as the definition may be amended
from time to time, the Contractor may submit to the Con-
tracting Officer a list, certified as to quantity and quality,
of any or all items of termination inventory not previously
disposed of, exclusive of items the disposition of which has
been directed or authorized by the Contracting Officer, and
may request the Government to remove such items or
enter into a storage agreement covering them. Not later
than fifteen (15) days thereafter, the Government will ac-
cept such items and remove them or enter into a storage
agreement covering the same: Provided, That the list sub-
mitted shall be subject to verification by the Contracting
Officer upon removal of the items or, if the items are
stored, within forty -five (45) days from the date of sub-
mission of the list, and any necessary adjustment to cor-
rect the list as submitted shall be made prior to final set-
tlement.
(c) After receipt of a Notice of Termination, the Con-
tractor shall submit to the Contracting Officer his termina-
tion claim in the form and with the certification pre-
scribed by the Contracting Officer. Such claim shall be
submitted promptly but in no event later than one year
from the effective date of termination, unless one or more
extensions in writing are granted by the Contracting
Officer upon request of the Contractor made in writing
within such one -year period or authorized extension
thereof. However, if the Contracting Officer determines
that the facts justify such action, he may receive and act
upon any such termination claim at any time after such
one -year period or any extension thereof. Upon failure of
the Contractor to submit his termination claim within the
time allowed, the Contracting Officer may, subject to any
review required by the contracting agency's procedures in
effect as of the date of execution of this contract, deter-
mine, on the basis of information available to him, the
amount, if any, due to the Contractor by reason of the ter-
mination and shall thereupon pay to the Contractor the
amount so determined.
(d) Subject to the provisions of paragraph (c), and
subject to any review required by the contracting agency's
procedures in effect as of the date of execution of this con-
tract, the Contractor and the Contracting Officer may
agree upon the whole or any part of the amount or
amounts to be paid (including an allowance for the fee) to
the Contractor by reason of the total or partial termina-
tion of work pursuant to this clause. The contract shall be
amended accordingly, and the Contractor shall be paid the
agreed amount.
(e) In the event of the failure of the Contractor and
the Contracting Officer to agree in whole or in part, as
provided in paragraph (d), as to the amounts with respect
to costs and fee, or as to the amount of the fee, to be paid
to the Contractor in connection with the termination of
work pursuant to this clause, the Contracting Officer shall,
subject to any review required by the contracting agency's
procedures in effect as of the date of execution of this con-
tract, determine, on the basis of information available to
him, the amount, if any, due to the Contractor by reason
of the termination and shall pay to the Contractor the
amount determined as follows:
(1) If the settlement includes cost and fee -
(i) There shall be included therein all costs and ex-
penses reimbursable in accordance with this contract,
not previously paid to the Contractor for the perform-
ance of this contract prior to the effective date of the
Notice of Termination, and such of these costs as may
continue for a reasonable time thereafter with the ap-
proval of or as directed by the Contracting Officer:
Provided, however, That the Contractor shall proceed
as rapidly as practicable to discontinue such costs;
Oil There shall be included therein so far as not
included under 0) above, the cost of settling and pay-
ing claims arising out of the termination of work
under subcontracts or orders, as provided in para-
graph (b) (5) above, which are properly chargeable
to the terminated portion of the contract;
(iii) There shall be included in the reasonable
costs of settlement, including accounting, legal, cleri-
cal, and other expenses reasonably necessary for the
preparation of settlement claims and supporting data
with respect to the terminated portion of the contract
and for the termination and settlement of subcon-
tracts thereunder, together with reasonable storage,
transportation, and other costs incurred in connection
with the protection or disposition of termination in-
ventory: Provided however, That if the termination
is for default of the Contractor there shall not be in-
cluded any amounts for the preparation of the Con-
tractor's settlement proposal; and
(iv) There shall be included therein a portion of
the fee payable under the contract determined as fol-
lows—
(A) In the event of the termination of this con-
tract for the convenience of the Government and
not for the default of the Contractor, there shall be
paid a percentage of the fee equivalent to the per-
centage of the completion of work contemplated by
the contract, less fee payments previously made
hereunder; or
for nthe default of the Contractor,lthe totacon-
tract fee
Payable shall be such proportionate part of the fee
(or, if this contract calls for articles of different
types, of such part of the fee as is reasonably alloc-
able to the type of article under consideration) as
the total number of articles delivered to and ac-
cepted by the Government bears to the total number
of articles of a like kind called for by this contract.
If the amount determined under this subparagraph (1)
is less than the total payment theretofore made to the
Contractor, the Contractor shall repay to the Government
the excess amount.
(2) If the settlement includes only the fee, the
amount thereof will be determined in accordance with
subparagraph (1) Ov) above.
(f) The Contractor shall have the right of appeal,
under the clause of this contract entitled "Disputes," from
any determination made by the Contracting Officer under
paragraph (c) or (e) above, except that, if the Contractor
has failed to submit his claim within the time provided in
paragraph (c) above and has failed to request extension
of such time, he shall have no such right of appeal. In any
case where the Contracting Officer has made a determina-
tion of the amount due under paragraph (c) or (e) above,
the Government shall pay to the Contractor the following:
(1) if there is no right of appeal hereunder or if no timely
appeal has been taken, the amount so determined by the
Contracting Officer, or (2) if an appeal has been taken,
the amount finally determined on such appeal.
(g) In arriving at the amount due the Contractor under
this clause there shall be deducted (1) all unliquidated ad-
vance or other payments theretofore made to the Contrac-
tor, applicable to the terminated portion of this contract,
(2) any claim which the Government may have against
1 July 1969
the Contractor in connection with this contract, and (3)
the agreed price for, or the proceeds of sale of, any mate-
rials, supplies, or other things acquired by the Contractor
or sold pursuant to the provisions of this clause and not
otherwise recovered by or credited to the Government.
(h) In the event of a partial termination, the portion of
the fee which is payable with respect to the work under
the continued portion of the contract shall be equitably ad-
justed by agreement between the Contractor and the Con-
tracting Officer, and such adjustment shall be evidenced
by an amendment to this contract.
(i) The Government may from time to time, under such
terms and conditions as it may prescribe, make partial
payments and payments on account against costs incurred
by the Contractor in connection with the terminated por-
tion of the contract whenever in the opinion of the Con-
tracting Officer the aggregate of such payments shall be
within the amount to which the Contractor will be entitled
hereunder. I£ the total of such payments is in excess of
the amount finally determined to be due under this clause,
such excess shall be payable by the Contractor to the Gov-
ernment upon demand, together with interest computed at
the rate of 6 percent per annum, for the period from the
date such excess payment is received by the Contractor to
the date on which such excess is repaid to the Govern-
ment: Provided, however, That no interest shall be
charged with respect to any such excess payment attribut-
able to a reduction in the Contractor's claim by reason of
retention or other disposition of termination inventory
until ten days after the date of such retention or disposi-
tion, or such later date as determined by the Contracting
Officer by reason of the circumstances.
(j) The provisions of this clause relating to the fee
shall be inapplicable if this contract does not provide for
payment of a fee.
9b. Termination for Convenience of the Government
(Special Situations)
The provisions set forth in this clause 9b shall govern in
lieu of clause 9a should this contract be for experimental,
developmental or research work and the Contractor is an
educational institution or other nonprofit institution on a
no -fee or no -profit basis.
(a) The performance of work under this contract may
be terminated, in whole or from time to time in part, by
the Government whenever for any reason the Contracting
Officer shall determine that such termination is in the best
interest of the Government. Termination of work hereun-
der shall be effected by delivery to the Contractor of•a
Notice of Termination specifying the extent to which per-
formance of work under the contract is terminated and
the date upon which such termination becomes effective.
(b) After receipt of the Notice of Termination the Con-
tractor shall cancel his outstanding commitments hereun-
der covering the procurement of materials, supplies,
equipment, and miscellaneous items. In addition, the Con-
tractor shall exercise all reasonable diligence to accom-
plish the cancellation or diversion of his outstanding com-
mitments covering personal services and extending beyond
the date of such termination to the extent that they relate
to the performance of any work terminated by the notice.
With respect to such canceled commitments the Contractor
agrees to (1) settle all outstanding liabilities and all
claims arising out of such cancellation of commitments,
with the approval or ratification of the Contracting
Officer, to the extent he may require, which approval or
ratification shall be final for all purposes of this clause,
and (2) assign to the Government, in the manner, at th
time, and to the extent directed by the Contracting Officer,
all of the right, title, and interest of the Contractor under
the orders and subcontracts• so terminated, in which case
the Government shall have the right, in its discretion, t
settle or pay any or all claims arising out of the termina-
tion of such orders and subcontracts.
(c) The Contractor shall submit his termination claim
to the Contracting Officer promptly after receipt of a Not
ice of Termination, but in no event later than one yea
from the effective date thereof, unless one or more exten-
sions in writing are granted by the Contracting Officer
upon written request of the Contractor within such one -
year period or authorized extension thereof. Upon failure
of the Contractor to submit his termination claim within
the time allowed, the Contracting Officer may, subject to
any review required by the contracting agency's proce-
dures in effect as of the date of execution of this contract,
determine, on the basis of information available to him,
the amount, if any, due to the Contractor by reason of the
termination and shall thereupon pay to the Contractor the
amount so determined.
(d) Any determination of costs under paragraph (c)
shall be governed by the cost principles set forth in the
ALLOWABLE COST, FIXED FEE, AND PAYMENT
Clause of this contract.
(e) Subject to the provisions of paragraph (c) above,
and subject to any review required by the contracting
agency's procedures in effect as of the date of execution of
this contract, the Contractor and the Contracting Officer
may agree upon the whole or any part of the amount or
amounts to be paid to the Contractor by reason of the ter-
mination under this clause, which amount or amounts may
include any reasonable cancellation charges thereby in-
curred by the Contractor and any reasonable loss upon
outstanding commitments for personal services which he is
unable to cancel: Provided, however, That in connection
with any outstanding commitments for personal services
which the Contractor is unable to cancel, the Contractor
shall have exercised reasonable diligence to divert such
commitments to his other activities and operations. Any
such agreement shall be embodied in an amendment to this
contract and the Contractor shall be paid the agreed
amount.
(f) The Government may from time to time, under such
terms and conditions as it may prescribe, make partial
payments against costs incurred by the Contractor in con-
nection with the terminated portion of this contract,
whenever, in the opinion of the Contracting Officer, the
aggregate of such payments is within the amount to which
the Contractor will be entitled hereunder. If the total of
such payments is in excess of the amount finally agreed or
determined to be due under this clause, such excess shall
be payable by the Contractor to the Government upon de-
mand: Provided, That if such excess is not so paid upon
demand, interest thereon shall be payable by the Contrac-
tor to the Government at the rate of 6 percent per annum,
beginning 30 days from the date of such demand.
(g) The Contractor agrees to transfer title to the Gov-
ernment and deliver in the manner, at the times, and to
the extent, if any, directed by the Contracting Officer,
such information and items which, if the contract had
been completed, would have been required to be furnished
to the Government, including:
(1) Completed or partially completed plans, draw-
ings, and information; and
(2) Materials or equipment produced or in process or
acquired in connection with the performance of the
work terminated by the notice.
Other than the above, any termination inventory resulting
from the termination of the contract may, with the writ-
ten approval of the Contracting Officer, be sold or ac-
quired by the Contractor under the conditions prescribed
by and at a price or prices approved by the Contracting
Officer. The proceeds of any such disposition shall be ap-
plied in reduction of any payments to be made by the Gov-
ernment to the Contractor under this contract or shall
otherwise be credited to the price or cost of work covered
by this contract or paid in such other manner as the Con-
tracting Officer may direct. Pending final disposition of
o property arising from the termination, the Contractor
agrees to take such action as may be necessary, or as the
Contracting Officer may direct, for the protection and
preservation of the property related to this contract which
is in the possession of the Contractor and in which the
r Government has or may acquire an interest.
1 July 1969
(h) Any disputes as to questions of fact which may
arise hereunder shall be subject to the "Disputes" clause
of this contract.
10. EXCUSABLE DELAYS
Except with respect to defaults of subcontractors, the
Contractor shall not be in default by reason of any failure
in performance of this contract in accordance with its
terms (including any failure by the Contractor to make
progress in the prosecution of the work hereunder which
endangers such performance) if such failure arises out f
causes beyond the control and without the fault or negli-
gence of the Contractor. Such causes may include, but are
not restricted to,-acts of God or of the public enemy, acts
of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather,
but in every case the failure to perform must be beyond
the control and without the fault or negligence of the Con-
tractor. If the failure to perform is caused by the failure
of a subcontractor to perform or make progress, and if
such failure arises out of causes beyond the control of
both the Contractor and subcontractor, and without the
fault or negligence of either of them, the Contractor shall
not be deemed to be in default, unless (a) the supplies or
services to be furnished by the subcontractor were obtain-
able from other sources, (b) the Contracting Officer shall
have ordered the Contractor in writing to procure such
supplies or services from such other sources, and (c) the
Contractor shall have failed to comply reasonably with
such order. Upon request of the Contractor, the Contract-
ing Officer shall ascertain the facts and extent of such
failure and, if he shall determine that any failure to per-
form was occasioned by any one or more of the said
causes, the delivery schedule shall be revised accordingly,
subject to the rights of the Government under the clause
hereof entitled, Termination for Default or for Conve-
nience of the Government."
11. DISPUTES
(a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this
contract which is not disposed of by agreement shall be
decided by the Contracting Officer, who shall reduce his
decision to writing and mail or otherwise furnish a copy
thereof to the Contractor. The decision of the Contracting
Officer shall be final and conclusive unless within 30 days
from the date of receipt of such copy, the Contractor
mails or otherwise furnishes to the Contracting Officer a
written appeal addressed to the Secretary. The decision of
the Secretary or his duly authorized representative for the
determination of such appeals shall be final and conclusive
unless determined by a court of competent jurisdiction to
have been fraudulent, or capricious, or arbitrary, or so
grossly erroneous as necessarily to imply bad faith, or not
supported by substantial evidence. In connection with any
appeal proceeding under this clause, the Contractor shall
be afforded an opportunity to be heard and to offer evi-
dence in support of its appeal. Pending final decision of a
dispute hereunder, the Contractor " ball proceed diligently
with the performance of the contract and in accordance
with the Contracting Officer's decision.
(b) This "Disputes" clause does not preclude considera-
tion of law questions in connection with decisions provided
for in paragraph (a) above: Provided, That nothing in
this contract shall be construed as making final the deci-
sion of any administrative official, representative, or board
on a question of law.
12. BUY AMERICAN ACT SUPPLY AND SERVICE CONTRACTS
(a) In acquiring end products, the Buy American Act
(41 U.S.C. 10a—d) provides that the Government give
preference to domestic source and products. For the pur-
pose of this clause:
M "Components" means those articles, materials,
and supplies which are directly incorporated in the end
products;
(fi) "End products" means those articles, materials,
and supplies which are to be acquired under this con-
tract for public use; and
(iii) A "domestic source end product" means (A) an
immanufactured end product which has been mined or
produced in the United States and (B) an end product
manufactured in the United States if the cost of the
components thereof which are mined, produced, or man-
ufactured in the United States exceeds 50 percent of the
cost of all its components. For the purposes of this
(a) (iii) (B), components of foreign origin of the same
type or kind as the products referred to in (b) (ii) or
(iii) of this clause shall be treated as components
mined, produced, or manufactured in the United States.
(b) The Contractor agrees that there will be delivered
under this contract only domestic source end products,
except end products;
G) Which are for use outside the United States;
GO Which the Government determines are not mined,
produced, or manufactured in the United States in suf-
ficient and reasonably available commercial quantities
and of a satisfactory quality;
(iii) As to which the Secretary determines the domes-
tic preference to be inconsistent with the public inter-
est; or
(iv) As to which the Secretary determines the cost to
the Government to be unreasonable.
(The foregoing requirements are administered in ac-
cordance with Executive Order No. 10582, dated Decem-
ber 17, 1954.)
13. CONVICT LABOR
In connection with the performance of work under this
contract, the Contractor agrees not to employ any person
undergoing sentence of imprisonment at hard labor.
14. EQUAL OPPORTUNITY
(The following clause is applicable unless this contract
is exempt under the rules, regulations, and relevant orders
of the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor
will take affirmative action to ensure that applicants are
employed, and that employees are treated during em-
ployment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but
not be limited to, the following: Employment, upgrad-
ing, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, in-
cluding apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and appli-
cants for employment, notices to be provided by the
Contracting Officer setting forth the provisions of this
Equal Opportunity clause.
(b) The Contractor will, in all solicitations or adver-
tisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will re-
ceive consideration for employment without regard to
race, color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understand-
ing, a notice, to be provided by the agency Contracting
Officer, advising the labor union or workers' representa-
tive of the Contractor's commitments under this Equal
Opportunity clause, and shall post copies of the notice
in conspicuous places available to employees and appli-
cants for employment.
(d) The Contractor will comply with all provisions of
Executive Order No. 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Sec-
retary of Labor.
(e) The Contractor will furnish all information and
1 July 1969
reports required by Executive Order No. 11246 of Sep-
tember 24, 1965, and by the rules, regulations, and or-
ders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance
with the Equal Opportunity clause of this contract or
with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended, in
whole or in part, and the Contractor may be declared
ineligible for further Government contracts in accord-
ance with procedures authorized in Executive Order No.
11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(g) The Contractor will include the provisions or
paragraphs (a) through (g) Y subcontract
purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to sec-
tion 204 of Executive Order No. 11246 of September 24,
1965, 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 contracting agency may direct as a means
of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event
the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a re-
sult of such direction by the contracting agency, the
Contractor may request the United States to enter Into
such litigation to protect the interests of the United
States.
15. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident com-
missioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this con-
tract if made with a corporation for its general benefit.
16. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure
this contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, ex-
cepting bona fide employees or bona fide established com-
mercial or selling agencies maintained by the Contractor
for the purpose of securing business. For breach or viola-
tion of this warranty the Government shall have the right
to annul this contract without liability or in its discretion
to deduct from the contract price or consideration, or oth-
erwise recover, the full amount of such commission, per-
centage, brokerage, or contingent fee.
17. NOTICE AND ASSISTANCE REGARDING PATENT AND CO-
PYRIGHT INFRINGEMENT
(a) The Contractor shall report to the Contracting Of-
ficer, promptly and in reasonable written detail, each no-
tice or claim of patent or copyright infringement based on
the performance of this contract of which the Contractor
has knowledge.
(b) In the event of any claim or suit against the Gov-
ernment on account of any alleged patent or copyright
infringement arising out of the performance of this con-
tract or out of the use of any supplies furnished or work
or services performed hereunder, the Contractor shall fur-
nish to the Government, when requested by the Contract-
ing Officer, all evidence and information in possession of
the Contractor pertaining to such suit or claim. Such evi-
dence and information shall be furnished at the expense of
the Government except where the Contractor has agreed
to indemnify the Government.
18. INSURANCE (LIABILITY TO THIRD PERSONS)
(a) The Contractor shall procure and thereafter main-
tain workmen's compensation, employer's liability, compre-
hensive general liability (bodily injury) and comprehen-
sive automobile liability (bodily injury and property dam-
age) insurance, with respect to performance under this
contract, and such other insurance as the Contracting Of-
ficer may from time to time require with respect to per-
formance under this contract: Provided, however, That
the Contractor, in fulfillment of its obligation to procure
workmen's compensation insurance, may with the ap-
proval of the Contracting Officer maintain a self- insur-
ance program; And provided further, That with respect to
workmen's compensation the Contractor is qualified pur-
suant to statutory authority. All insurance required pur-
suant to the provisions of this paragraph shall be in such
form, in such amounts, and for such periods of time, as
the Contracting Officer may from time to time require or
approve, and with insurers approved by the Contracting
Officer.
(b) The Contractor agrees, to the extent and in the
manner required by the Contracting Officer, to submit for
the approval of the Contracting Officer any other insur-
ance maintained by the Contractor in connection with the
performance of this contract and for which the Contractor
seeks reimbursement hereunder.
(c) The Contractor shall be reimbursed for the portion
allocable to this contract of the reasonable cost of insur-
ance as required or approved pursuant to the provisions of
this clause.
19. UTILIZATION OF SMALL BUSINEss CONCERNS
(a) It is the policy of the Government as declared by
the Congress that a fair proportion of the purchases and
contracts for supplies and services for the Government be
placed with small business concerns.
(b) The Contractor agrees to accomplish the maximum
amount of subcontracting to small business concerns that
the Contractor finds to be consistent with the efficient per-
formance of this contract.
20. UTILIZATION OF CONCERNS IN LABOR SURPLUS AREAS
A. Applicable to ALL contracts in excess of $5,000:
It is the policy of the Government to place contracts
with concerns which will perform such contracts substan-
tially in or near concentrated unemployment or underem-
ployment sections of States or in areas of persistent or
substantial labor surplus, where this can be done consist-
ent with the efficient performance of the contract and at
prices no higher than are obtainable elsewhere. The Con-
tractor agrees to use his best efforts to place his subcon-
tracts in accordance with this policy. In complying with
the foregoing and with paragraph (b) of the clause of
this contract entitled "Utilization of Small Business Con-
cerns" the Contractor in placing his subcontracts shall ob-
serve the following order of preference: (a) Certified -el-
igible concerns which are also small business concerns;
(b) other certified - eligible concerns; (c) persistent labor
surplus area concerns which are also small business con-
cerns; (d) other persistent labor surplus area concerns;
(e) substantial labor surplus area concerns which are also
small business concerns; (f) other substantial labor sur-
plus area concerns; and (g) small business concerns which
are not labor surplus area concerns.
B. The following additional clause shall be applicable
to this contract if this contract, including all amendments
thereto, equals or exceeds $500,000:
LABOR SURPLUS AREA SUBCONTRACTING PROGRAM
(a) The Contractor agrees to establish and conduct a
program which will encourage labor surplus area concerns
to compete for subcontracts within their capabilities. In
this connection, the Contractor shall —
(1) Designate a liaison officer who will (i) maintain
liaison with duly authorized representatives of the Gov-
ernment on labor surplus area matters, (ii) supervise
compliance with the, "Utilization of Concerns in Labor
1 July 1969
Surplus Areas" clause, and (iii) administer the Contrac-
tor's "Labor Surplus Area Subcontracting Program ";
(2) Provide adequate and timely consideration of the
potentialities of labor surplus area concerns in all
"make -or -buy" decisions;
(3) Assure that labor surplus area concerns will have
an equitable opportunity to compete for subcontracts,
particularly by arranging solicitations, time for the
preparation of bids, quantities, specifications, and deliv-
ery schedules so as to facilitate the participation of
labor surplus area concerns;
(4) Maintain records showing procedures which have
been adopted to comply with the policies set forth in
this clause; and
(5) Include the "Utilization of Concerns in Labor
Surplus Areas" clause in subcontracts which offer sub-
stantial labor surplus area subcontracting opportunities.
(b) A "labor surplus area concern" is a concern which
will perform, or cause to be performed, a substantial pro-
portion of any contract awarded to it (1) in or near sec-
tions of concentrated unemployment or underemployment
as a certified - eligible concern, or (2) a concern which will
perform, or cause to be performed, a substantial propor-
tion of any contract awarded to it in "Areas of Substan-
tial Labor Surplus ", (also called "Areas of Substantial
Unemployment "), as designated by the Department of
Labor. A concern shall be deemed to perform a substantial
proportion of a contract in or near sections of concen-
trated unemployment or underemployment if the costs
that the concern will incur on account of manufacturing
or production in or near such sections (by itself, if a certi-
fied concern, or by certified concerns acting as first -tier
subcontractors) amount to more than 30 percent of the
contract price. A concern shall be deemed to perform a
substantial proportion of a contract in a labor surplus
area if the costs that the concern will incur on account of
manufacturing or production performed in persistent or
substantial labor surplus areas (by itself or its first -tier
subcontractors) amount to more than 50 percent of the
price of such contract.
(c) The Contractor further agrees to insert, in any sub-
contract hereunder which may exceed $500,000 and which
contains the "Utilization of Concerns in Labor Surplus
Areas" clause, provisions which shall conform, substanti-
ally to the language of this clause, including this paragraph
(c), and to notify the Contracting Officer of the names of
such subcontractors.
21. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING
DATA
(a) If the Contracting Officer determines that any
price, including profit or fee, negotiated in connection with
this contract was increased by any significant sums be-
cause the Contractor, or any subcontractor in connection
with a subcontract covered by (c) below, furnished incom-
plete or inaccurate cost or pricing data or data not cur-
rent as certified in his Contractor's Certificate of Current
Cost or Pricing Data, then such price shall be reduced ac-
cordingly and the contract shall be modified in writing to
reflect such adjustment.
(b) Failure to agree on a reduction shall be a dispute
concerning a question of fact within the meaning of the
"Disputes" clause of this contract.
(c) The Contractor agrees to insert the substance of
paragraphs (a) and (c) of this clause in each of his cost -
reimbursement type, time and material, labor -hour, price
redeterminable, or incentive subcontracts hereunder in ex-
cess of $100,000, and in any other subcontract hereunder
in excess of $100,000 unless the price is based on adequate
price competition, established catalog or market prices of
commercial items sold in substantial quantities to the gen-
eral public, or prices set by law or regulation. In each
such excepted subcontract hereunder which exceeds
$100,000, the Contractor shall insert the substance of the
following clause:
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -
PRICE ADJUSTMENTS
(a) This clause shall become operative only with res-
pect to any change or other modification made pursuant to
one or more provisions of this contract which involves a
price adjustment in excess of $100,000 that is not based on
adequate price competition, established catalog or market
prices of commercial items sold in substantial quantities
to the general public, or prices set by law or regulation.
The right to price reduction under this clause shall be lim-
ited to such price adjustments.
(b) If the Contractor determines that any price, includ-
ing profit or fee negotiated in connection with any price
adjustment within the purview of paragraph (a) above
was increased by any significant sums because the subcon-
tractor or any of his subcontractors in connection with a
subcontract covered by paragraph (c) below, furnished in-
complete or inaccurate cost or pricing data or data not
current as of the date of execution of the subcontractor's
certificate of current cost or pricing data, then such price
shall be reduced accordingly and the subcontract shall be
modified in writing to reflect such adjustment.
(c) The subcontractor agrees to insert the substance of
this clause in each subcontract hereunder which exceeds
$100,000.
22. SUBCONTRACTOR COST AND PRICING DATA
(a) The Contractor shall require subcontractors here-
under to submit in writing cost or pricing data under the
following circumstances:
(1) Prior to award of any cost - reimbursement type,
time and material, labor -hour, incentive, or price rede-
terminable subcontract, the price of which is expected to
exceed $100,000; and
(2) Prior to the award of any other subcontract, the
price of which is expected to exceed $100,000 or to the
Pricing of any subcontract change or other modification
for which the price adjustment is exnected to exceed
$100,000, where the price or price adjustment is not
based on adequate price competition, established catalog
or market prices of commercial items sold in substantial
quantities to the general public, or prices set by law or
regulation.
(b) The Contractor shall require subcontractors to cer-
tify, in substantially the same form as that used in the
certificate by the Prime Contractor to the Government,
that, to the best of their knowledge and belief, the cost
and pricing data submitted under (a) above are accurate,
complete, and current as of the date of the execution,
which date shall be as close as possible to the date of
agreement on the negotiated price of the subcontract or
subcontract change or modification.
(c) The Contractor shall insert the substance of this
clause including this paragraph (c) in each of his cost -re-
imbursement type, time and material, labor -hour, price re-
determinable, or incentive subcontracts hereunder, and in
any other subcontract hereunder which exceeds $100,000
unless the price thereof is based on adequate price
competition, established catalog or market prices of com-
mercial items sold in substantial quantities to the general
public, or prices set by law or regulation. In each such ex-
cepted subcontract hereunder which exceeds $100,000, the
Contractor shall insert the substance of the following
clause:
SUBCONTRACTOR COST AND PRICING DATA -PRICE ADJUST-
MENTS
(a) Paragraphs (b) and (c) of this clause shall become
operative only with respect to any change or other modifi-
cation made pursuant to one or more provisions of this
contract which involves a price adjustment in excess of
$100,000. The requirements of this clause shall be limited
to such price adjustments.
(b) The Contractor shall require subcontractors here-
under to submit cost or pricing data under the following
circumstances:
(1) Prior to award of any cost - reimbursement type,
1 July 1969
time and material, labor -hour, incentive, or price rede-
terminable subcontract, the price of which is expected to
exceed $100,000; and
(2) Prior to award of any other subcontract, the
prices of which is expected to exceed $100,000, or to the
pricing of any subcontract change or other modification
for which the price adjustment is expected to exceed
$100,000, where the price or price adjustment is not
based on adequate price competition, established catalog
or market prices of commercial items sold in substantial
quantities to the general public, or prices set by law or
regulation.
(c) The Contractor shall require subcontractors to cer-
tify, in substantially the same form as that used in the
Certificate by the Prime Contractor to the Government,
that, to the best of their knowledge and belief, the cost
and to data submitted under (b) above are accurate,
complete, and current as of the date of the execution,
which date shall be as close as possible to the date of
agreement on the negotiated price of the contract modifi-
cation.
(d) The Contractor shall insert the substance of this
clause including this paragraph (d) in each subcontract
hereunder which exceeds $100,000.
23. ADVANCE PAYMENTS
If funds established under this contract in the costs
and or budget provisions are advanced by the Govern-
ment to the Contractor, the following provisions shall be
applicable:
(a) The Contractor may request an advance payment
equal to its interim cash needs arising during any given
monthly reimbursement cycle. This request shall be ac-
companied by a showing of the necessity for an advance
and a detailed statement of estimated costs for the pe-
riod to be covered by the advance and an invoice. There-
after, the Contractor shall submit to the Contracting Of-
ficer in accordance with the latter's invoice instructions
for each month during the performance of the agree-
ment (1) a cumulative statement of all costs of the pro-
ject for the period from the commencement of the pro-
ject through the end of the report period for which the
statement is being submitted, (2) a statement of all
costs of the project for the current report period, (3) a
statement of estimated costs to be incurred during the
ensuing 2 months, and (4) an invoice. As promptly as
practicable after receipt of each invoice and monthly
statement, the Government shall, subject to the
provisions hereof, make payment thereon. The amount
which may be payable to the Contractor is the
Government's portion of the actual and the estimated
costs, referred to above, less the amount of all sums
previously paid under this contract by way of reimburse-
ment and /or advancement.
(b) Before an advance is made hereunder, the Con-
tractor shall transmit to the Contracting Officer in the
form prescribed by the Government, an agreement in
triplicate with a bank establishing a Special Bank Ac.
count. This agreement shall clearly set forth the special
character of the account and the responsibilities of the
bank thereunder. Wherever possible, such bank shall be
a member bank of the Federal Reserve System, or an
"insured" bank within the meaning of the Act creating
the Federal Deposit Insurance Corporation (Act of Au-
gust 23, 1935, 49 Stat. 684, as amended; 12 USC 264).
(c) All funds under this contract, including all ad-
vance and supplemental payments, shall be made by
check payable to the Contractor and be marked for de-
posit only in said Special Bank Account. No part of the
funds in the Special Bank Account shall be mingled
with other funds of the Contractor prior to withdrawal
thereof from the Special Bank Account as hereinafter
provided. Unless otherwise determined by the Contract-
ing Officer, a counter - signature on behalf of the Govern-
ment will not be required on such checks.
(d) The funds in the Special Bank Account may be
withdrawn by the Contractor solely for the purposes of
making payments for items of allowable costs to be
borne by the Government within the terms of this con-
tract, or to reimburse the Contractor for such items of
allowable cost, and for such other purposes as the Con-
tracting Officer may approve in writing.
(e) The Government shall have a lien upon any bal-
ance in the Special Bank Account paramount to all
other liens, which lien shall secure the repayment of any
advance payments made hereunder.
(£) Whenever requested in writing by the Contract-
ing Officer, the Contractor shall repay to the Govern-
ment any part or all of the unliquidated balance of ad-
vance payments. In the event the Contractor fails to
repay such part of the unliquidated balance of advance
payments when so requested by the Contracting Officer,
all or any part thereof may be withdrawn from the Spe-
cial Bank Account by checks payable to the Treasurer
of the United States, signed solely by the Secretary or
his duly authorized representative, and applied in reduc-
tion of advance payments then outstanding hereunder.
(g) Before any advance payments will be made by
the Government to the Contractor under this contract,
the Contractor will assure that:
(i) Each person who handles contract funds is cov-
ered by the terms of a fidelity bond providing for in-
demnification of losses occasioned by reason of fraud
or dishonesty on the part of each such person, acting
either alone or in collusion with others, in the maxi-
mum amount to be advanced under this clause or
$25,000, whichever is the lesser. In the event the Con-
tractor and the Contracting Officer cannot agree on
the persons to he bonded, the decision of the Contract-
ing Officer will govern.
(ii) Obtain a corporate surety for each bond re-
ferred to above, which surety appears on the list con-
tained in Treasury Department Circular 570.
The Treasury Department Circular 570 may be
obtained from the U.S. Treasury Department,
Bureau of Accounts, Division of Deposits and In-
vestments, Surety Bonds Branch, Washington,
DC 20226.
(iii) Furnish to the Contracting Officer a copy of
each bond provided in accordance with (i) above, to-
gether with any riders which may have been obtained
in order to meet the requirements of this clause.
(h) Subadvances. Subject to the prior written ap-
proval of the Contracting Officer, funds from the Spe-
cial Bank Account may be used by the Contractor to
make advance payments or downpayments to subcon-
tractors or suppliers in advance of performance by the
subcontractor or supplier. Such advances shall not ex-
ceed the subcontractor's estimated requirement for a pe-
riod of thirty (30) days or exceed 256/, of the sup-
plier's total estimated cost. The subcontractors or sup-
pliers to whom such advances are made shall furnish
adequate security therefor in the form of a blanket fidel-
ity bond in the amount of $25,000.00 or an amount equal
to the amount of the advance, whichever is the lesser,
covering employees of the subcontractors or suppliers
authorized to handle the subadvanced funds, and they
will establish a Special Bank Account for the advance
with a Government lien, paramount to all other liens, on
all property under such subcontract, and imposing upon
the subcontractor and the depository bank substantially
the same duties and giving the Government substan-
tially the same rights as are provided herein (and in the
agreement for Special Bank Account supplementary
hereto) between the Government, the Contractor and
the bank.
(i) In addition to the foregoing provisions, should the
Contractor or his approved subcontractor to whom sub -
advances are made in accordance with provisions here-
in be an organization charging a profit or a fee hereun-
der, advanced and /or subadvanced monies shall be in-
terest- bearing in accordance with 41 CFR 1- 30.403, at a
1 July 1969
rate to be fixed by the Secretary or his duly authorized
representative.
(j) Agreements for advance payments to be made to
an instrumentality of the U.S. Government, to a State,
or to an agency or instrumentality of a State or local
government thereof, are not required to provide for a
deposit of the advances into a special bank account if
the Contracting Officer approving the advance deter-
mines that adequate security otherwise exists for the
protection of the Government's interest.
(k) Notwithstanding any provision to the contrary
contained elsewhere herein, Contractors with an annual
funding of over $1,000,000 may be held to a fifteen (16)
days' reimbursement cycle in advancing to such Con-
tractor its interim cash needs.
24. PURCHASES AND GOVERNMENT PROPERTY
(a) Contractor agrees to use its best efforts to obtain all
supplies and equipment for use in the performance of this
contract at the lowest practicable cost, and, unless other-
wise authorized in writing by the Contracting Officer,
agrees to utilize the procurement sources available
throughout the General Services Administration Agency
prior to private source procurement. Any public agency
may procure its supplies from State or local government
sources without regard to any other provision of this con-
tract to the extent required by State or local law. The
Government will authorize the Contractor to obtain sup-
plies and equipment through Government sources in ac-
cordance with the Federal Property Management Regula-
tions, GSA Bulletin FPMR A -17. when appropriate, the
Government will furnish the Contractor with Federal Sup-
ply Schedules, General Services Administration Stores
Catalogues, and other information designed to assist the
Contractor in the procurement of supplies and equipment
from Government sources.
(b) Title to all property furnished by the Government
shall remain in the Government. Title to all property ac-
quired by the Contractor, including acquisition through
lease - purchase agreement, for the cost of which the Con-
tractor is to be reimbursed in whole or in part as a direct
item of cost under this contract, shall immediately vest in
the Government upon delivery of such property by the
vendor. Title to other property, the cost of which is to be
reimbursed to the Contractor under this contract, shall
immediately vest in the Government upon (i) issuance for
use of such property in the performance of this contract,
or (ii) commencement of processing or use of such prop-
erty in the performance of this contract, or (iii) reim-
bursement of the cost thereof by the Government, which-
ever first occurs. Title to the Government property shall
not be affected by the incorporation or attachment thereof
to any property not owned by the Government, nor shall
such Government property or any part thereof, be or be-
come a fixture or lose its identity as personalty by reason
ffi
of affixation to any realty. All Government- furnished
property, together with all property acquired by the Con-
tractor, title to which vests in the Government under this
paragraph, are subject to the provisions of this clause and
are herein collectively referred to as "Government prop-
erty.,,
(c) The provisions of the Department of Labor's "Prop-
erty Handbook for MA Contractors" (hereinafter called
the Handbook), as in effect on the date of this contract,
are herein incorporated by reference and made a part of
this contract. Contractor agrees to accept the responsibili-
ties set forth in the Handbook and to comply with its
provisions, particularly those relating to the keeping of
property control records, identification and marking, se-
gregation and comingling, and taking of inventories. The
Contractor shall maintain and administer in accordance
with sound business practice a program for the mainte-
nance, repair, protection and preservation of Government
property so as to assure its full availability and useful-
ness for the performance of this contract. The Contractor
shall take reasonable steps to comply with all appropriate
directions or instructions which the Contracting Officer
may prescribe in writing as reasonably necessary for the
protection of the Government property, including the re-
moval and shipping of Government property where the
Contracting Officer deems that the interest of the Govern-
ment requires the removal of such property.
(d) The Government property shall, unless otherwise
provided herein or approved by the Contracting Officer, be
used only for the performance of this contract.
(e) The Contractor shall not be liable for any loss of or
damage to the Government property, or for expenses inci-
dental to such loss of or damage, except that the Contrac-
tor shall be responsible for any loss or damage (including
expenses incidental thereto) : (1) which results from will-
ful misconduct or lack of good faith on the part of any
one of the Contractor's directors or officers, or on the part
of any of his managers, superintendents, or other equiva-
lent representatives; (2) which results from a failure on
the part of the Contractor, due to the willful misconduct
or lack of good faith on the part of any of his directors,
officers or other representatives mentioned in (1) above to
maintain and administer, in accordance with sound busi-
ness practice, the program for maintenance, repair, pro-
tection and preservation of Government property as re-
quired by paragraph (c) hereof, or to take all reasonable
steps to comply with any appropriate written directions of
the Contracting Officer under paragraph (c) hereof; (3)
for which the Contractor is otherwise responsible under
the express terms of this contract; (4) which results from
a risk expressly required to be insured under this con-
tract, but only to the extent of the insurance so required
to be procured and maintained, or to the extent of insur-
ance actually procured and maintained, whichever is
greater; or (6) which results from a risk which is in fact
covered by insurance or for which the Contractor is other-
wise reimbursed, but only to the extent of such insurance
or reimbursement. The Contractor shall not be reimbursed
for, and shall not include as an item of overhead, the cost
of insurance, or any provision for a reserve, covering the
risk of loss of or damage to the Government property, ex-
cept to the extent that the Government may have required
the Contractor to carry such insurance under any other
provisions of this contract.
(f) If the Contractor transfers Government property to
the possession and control of a subcontractor, the transfer
shall not affect the liability of the Contractor for loss or
destruction of or damage to the property as set forth in
paragraph (e) hereof. However, the Contractor shall re-
quire the subcontractor to assume the risk of, and be res-
ponsible for, any loss or destruction of or damage to the
property while in the latter's possession or control, except
to the extent that the subcontract, with the prior approval
of the Contracting Officer, provides for the relief of the
subcontractor from such liability. In the absence of such
approval, the subcontract shall contain appropriate provi-
sions requiring the return of all Government property in
as good condition as when received, except for reasonable
wear and tear or for the utilization of the property in ac-
cordance with the provisions of the prime contract.
(g) In the event the Contractor is indemnified, reim-
bursed, or otherwise compensated for any loss or destruc-
tion of or damage to the Government property, he shall
use the proceeds to repair, renovate or replace the Govern-
ment property involved, or shall credit such proceeds
against the cost of the work covered by the contract, or
shall otherwise reimburse the Government, as directed by
the Contracting Officer. The Contractor shall do nothing to
prejudice the Government's rights to recover against third
parties for any such loss, destruction, or damage and,
upon the request of the Contracting Officer, shall, at the
Government's expense, furnish to the Government all rea-
sonable assistance and cooperation (including the prosecu-
tion of suit and the execution of instruments of assign-
ment in favor of the Government) in obtaining recovery.
In addition, where the subcontractor has not been relieved
from liability for any loss or destruction of or damage to
Government property, the Contractor shall enforce the lia-
1 July 1969
bility of the subcontractor for such loss or destruction of
or damage to the Government property for the benefit of
the Government.
(h) Upon the completion of this contract, or at such
earlier dates as may be fixed by the Contracting Officer,
the Contractor shall submit to the Contracting Officer in a
form acceptable to him, inventory schedules covering all
items of the Government property not consumed in the
performance of this contract, or not theretofore delivered
to the Government, and shall deliver or make such other
disposal of such Government property as may be directed
or authorized by the Contracting Officer. The net proceeds
of any such disposal shall be credited to the cost of the
work covered by the contract or shall be paid in such man-
ner as the Contracting Officer may direct.
(i) Unless otherwise provided herein, the Government:
(1) may abandon any Government property in place, and
thereupon all obligations of the Government regarding
such abandoned property shall cease; and (2) shall not be
under any duty or obligation to restore or rehabilitate, or
to pay the costs of the restoration or rehabilitation of, the
Contractor's plant or any portion thereof which is affected
by the abandonment or removal of any Government prop-
erty.
(j) All communications issued pursuant to this clause
shall be in writing.
25. DISPOSITION OF DATA AND COPYRIGHTS
(a) The terms "Subject Data ", "Contract ", and "Con-
tractor", as used herein are defined as follows: (i) "Sub-
ject Data" includes writing, sound recordings, pictorial re-
production drawings or other graphical representatives,
and works of any similar nature (whether or not copy-
righted) which are specified to be delivered under this con-
tract. The term does not include financial reports, cost
analyses and similar information incidental to contract
administration; (ii) "Contract" includes contract, subcon-
tract, agreement, and sub- agreement; (iii) "Contractor"
includes any party with whom the Government enters a
contract.
(b) Subject to the proviso of (c) below, the Government
may duplicate, use, and disclose in any manner and for
any purpose whatsoever, and have others so do, all Sub-
ject Data delivered under this contract.
(c) The Contractor agrees to and does hereby grant to
the Government, and to its officers, agents, and employees
acting within the scope of their official duties, a royalty -
free, nonexclusive and irrevocable license throughout the
world, to publish, translate, reproduce, deliver, perform,
dispose of, and to authorize others so to do, all Subject
Data now or hereafter covered by copyright: Provided,
That, with respect to such Subject Data not originated in
the performance of this contract but which is incorporated
in the work furnished under this contract license shall be
only to the extent that the Contractor, its employees, or
an individual or concern employed or assigned by the Con-
tractor to originate and prepare such Data under this
contract, now has, or prior to completion or final settle-
ment of this contract may acgpire, the right to grant such
license without becoming liable to pay compensation to
others solely because of such grant.
(d) The Contractor shall exert all reasonable effort to
advise the Contracting Officer, at the time of delivery of
the Subject Data furnished under this contract, of all por-
tions of such Data copied from work not composed or
produced in the performance of this contract and not li-
censed under this clause, Provided That, if such Subject
Data is included, evidence shall be submitted by the Con-
tractor of the copyright owner's consent to the use of such
Subject Data by the Contractor. In the absence of such
consent, the Contractor agrees not to furnish such Subject
Data.
(e) The Contractor shall report to the Contracting
Officer, promptly and in reasonable written detail, each
notice or claim of copyright infringement received by the
Contractor with respect to all Subject Data delivered
under this contract.
(f) The Contractor shall indemnify and save and hold
harmless the Government, its officers, agents and em-
ployees acting within the scope of their official duties
against any liability, including costs and expenses, (i) for
violation of proprietary rights, copyrights or right of pri-
vacy, arising out of the publication, translation, reproduc-
tion, delivery, performance, use or disposition of any Data
furnished under this contract, or (ii) based upon any li-
belous or other unlawful matter contained in such Data.
(g) Nothing contained in this clause shall imply a li-
cense to the Government under any patent or be construed
as affecting the scope of any license or other right other-
wise granted to the Government under any patent.
(h) The Contractor shall not affix any restrictive mark-
ings upon any Subject Data, and if such markings are af-
fixed, the Government shall have the right at any time to
modify, remove, obliterate or ignore any such markings.
(i) The Contractor further agrees that he will not pub-
lish, have published, or otherwise disseminate any infor-
mation of whatever nature resulting from the work being
performed under this contract except as may be approved
by the Department's Contracting Officer hereunder.
(j) The Contractor agrees that the Department's Con-
tracting Officer hereunder shall determine the disposition
of the title to any rights under any copyright secured by
the Contractor or its employees on copyrightable material
developed under this contract.
(k) Contractor agrees to preserve for a period of 36
months and, upon request of the Contracting Officer, make
available to the Government for use, all scientific and
technical information, data and know -how of any nature
developed in performance of this contract and in connec-
tion with the Contractor's activities on or related to this
contract, regardless of whether such information, data
and know -how was delivered and /or deliverable under
the terms and provisions of this contract.
26. QUESTIONNAIRE APPROVAL
In the event the performance of this contract requires
the collection of information for the Government upon
identical items from ten or more persons other than Fed-
eral employees, the Contractor shall, prior to use, obtain
from the Contracting Officer, approval of the use of the
questionnaire, survey plan, or other document which is in-
tended to secure such information (5 U.S.C. 139- 139f).
However, in accordance with Bureau of the Budget Circu-
lar A -40, if the collection of information upon identical
items from ten or more persons other than Federal em-
ployees is incidental to the performance of the contract
and such information is not for the specific use of the
Government and the Contractor collects such information
from the public on his own initiative in connection with
the performance of this contract, then the provisions of
the Federal Reports Act of 1942 will not be applicable and
the Contractor shall not in any way represent that such
information is being collected by or for the Government.
The Contractor must, nevertheless, submit for review and
approval by the Contracting Officer, questionnaires, report
forms, survey plans, or other documents intended to se-
cure identical information from ten or more persons.
27. DISCLOSURE OF CONFIDENTIAL INFORMATION
The Contractor agrees to maintain the confidentiality of
any information regarding applicants, project partici-
pants or their immediate families which may be obtained
through application forms, interviews, tests, reports from
public agencies or counselors, or any other source. With-
out the permission of the applicant or participant, such
information shall be divulged only as necessary for pur-
poses related to the performance or evaluation of the con-
tract and to persons having responsibilities under the con-
tract, including those furnishing services to the project
under subcontracts.
1 July 1969
Nk_� «
23. ORDER OF PRECEDENCE
In the event of any conflict between the Statement of
Work (and /or the Schedule) and the contractor's pro-
posal incorporated herein (if any), the Statement of Work
(and /or the schedule) shall govern. In the event of any
conflict between the general provisions and the special
provisions (and /or the Schedule) of this contract, the
terms of the special provisions (and /or the Schedule)
shall govern.
29. GRATUITIES
(a) The Government may, by written notice to the Con-
tractor, terminate the right of the Contractor to proceed
under this contract if it is found, after notice and hearing,
by the Secretary or his duly authorized representative,
that gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or
employee of the Government with a view toward securing
a contract or securing favorable treatment with respect to
the awarding or amending, or the making of any determi-
nations with respect to the performing, of such contract:
Provided, That the existence of the facts upon which the
Secretary or his duly authorized representative makes
such findings shall be in issue and may be reviewed in any
competent court.
(b) In the event this contract is terminated as provided
in paragraph (a) hereof, the Government shall be entitled
(i) to pursue the same remedies against the Contractor as
it could pursue in the event of a breach of the contract by
the Contractor, and (ii) as -4 penalty in addition to any
other damages to which it may be entitled by law, to ex-
emplary damages in an amount (as determined by the
Secretary or his duly authorized representative) which
shall be not less than three nor more than ten times the
costs incurred by the Contractor in providing any such
gratuities to any such officer or employee.
(c) The rights and remedies of the Government pro-
vided in this clause shall not be exclusive and are in addi-
tion to any other rights and remedies provided by law or
under this contract.
30. INTEREST
Notwithstanding any other provision of this contract,
unless paid within 30 days all amounts that become pay-
able by the Contractor to the Government under this con-
tract (net of any applicable tax credit under the Internal
Revenue Code) shall bear interest at the rate of 6 percent
per annum from the date due until paid. Amounts shall be
due upon the earliest of (i) the date of the first demand
for payment or (if) the date of a supplemental agreement
fixing the amount.
1 July 1969
SERIES A
ADDITIONAL GENERAL PROVISIONS
for
COST- REIMBURSEMENT TYPE CONTRACTS WITH TRAINING COMPONENTS
under
THE ECONOMIC OPPORTUNITY ACT OF 1964, As Amended
and
THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, As Amended:
A -31. Child Labor
A -32. Maintenance of Effort
A -33. Relocation of OJT Contractors and Subcontractors
A -34. Termination of Trainees or Enrollees
A -35. Review and Reconsideration of Adverse Action
A -36. Trainee or Enrollee Wages
A -37. Political Activity
A -38. Elderly Participants
A -39. Davis -Bacon Act and Contract Work Hours Standards Act
A -40. Employment or Payment of Certain Individuals Precluded
A-41. Trainee /Enrollee Worksite
A -42. Eligibility of Trainees or Enrollees
A -43. Utilization of Facilities
A-44. Federal Share of Program Costs
A-45. Laws Applicable
A-46. Nondiscrimination
19 1 July 1969
SERIES A
ADDITIONAL GENERAL PROVISIONS
for
COST - REIMBURSEMENT TYPE CONTRACTS WITH TRAINING COMPONENTS
under
THE ECONOMIC OPPORTUNITY ACT OF 1964, As Amended
and
THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, As Amended:
A -31. CHILD LABOR
No trainee or enrollee under 18 years of age will be em-
ployed in any occupation which the Secretary has found to
be particularly hazardous for persons between 16 and 18
years of age (a list of such occupations is published at 29
CFR Part 1500, Subpart E). Any eligible trainees and en-
rollees under 16 years of age will be employed only in ac-
cordance with the limitations imposed by 29 CPR Part
1500, Subpart C.
A-32. MAINTENANCE OF EFFORT
Contractor or subcontractor sponsored level of training
in existence prior to initiation of this project shall be con-
tinued and not be reduced in level of effort in any way as
a result of this contract except for reductions unrelated to
the provisions or purposes of this contract.
A -33. RELOCATION OF OJT CONTRACTORS AND SUBCONTRAC-
TORS
The Contractor stipulates and agrees to require any
subcontractor to stipulate that the establishment in which
on- the -job training will be given:
(1) Has not been moved from any previous location
later than three years prior to the effective date of this
contract;
(2) Is not a branch, affiliate or subsidiary of a busi-
ness entity in another location which has, at any time
subsequent to the date in (1) above, relocated or ex-
panded so as to cause an increase in unemployment or
the closing down of operations in the area of original
location or in any other area in which the entity con-
ducts business operations.
A-34. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will not be terminated without
prior notice to the trainee or enrollee and reasonable op-
portunity for corrections or improvement of performance
and consultation with the Contracting Officer by the train-
ing facility for substandard or unsatisfactory progress or
conduct. Termination of trainees or enrollees will be gov-
erned by disciplinary and grievance procedures approved
by the Secretary or his duly authorized representative:
Provided, That in training facilities operating under a col-
lective bargaining agreement, disciplinary and grievance
procedures provided in such an agreement and applicable
to trainees or enrollees covered by this contract, shall gov-
ern.
A-35. REVIEW AND RECONSIDERATION OF ADVERSE ACTION
Upon written request to the Contracting Officer by the
trainee or enrollee, or upon the initiation of grievance pro-
cedures provided under an applicable collective bargaining
agreement, a trainee or enrollee shall be given an opportu-
nity to be heard in connection with reconsideration or re-
view of any adverse action taken against him. If, in the
absence of a collective bargaining agreement applicable to
the trainee or enrollee, and upon review by the Contract-
ing Officer or his designated representative, it is deter-
mined that the request for reconsideration of adverse ac-
tion has merit, it shall be subject to review procedures
permitting appeals by either party up to the Secretary or
his duly authorized representative. In any event, a trainee
or enrollee shall be entitled to review and reconsideration
of the good cause aspects of any adverse action which
would affect his future eligibility for training or allow-
ances. Such reconsideration and review action may either
sustain or reverse the action taken by the training facil-
ity.
A -36. TRAINEE OR ENROLLEE WAGES
Hourly wages paid to enrollees or trainees shall be not
less than the following, whichever is higher:
(1) the minimum rate required under the Fair Labor
Standards Act (including any special rate provided by
certification under section 14 of the Act) to the extent
that such Act is applicable to the enrollee or trainee; or
(2) any minimum rate applicable to the enrollee or
trainee and required under any Federal, State, or local
law.
A-37. POLITICAL ACTIVITY
No funds hereunder shall be used for any partisan po-
litical activity or to further the election or defeat of any
candidate for public office; nor shall they be used to prov-
ide services, or for the employment or assignment of per-
sonnel in a manner supporting or resulting in the identifi-
cation of programs conducted pursuant to this contract
with (1) any partisan or non - partisan political activity or
any other political activity associated with a candidate, or
contending faction or, group, in an election for public or
party office, (2) any activity to provide voters or prospec-
tive voters with transportation to the polls or similar as-
sistance in connection with any such election, or (3) any
voter registration activity. In addition, it should be noted
that employees of public bodies and community action
agencies may be subject to limitations on their political
activities under the Hatch Act (5 U.S.C. 1502(x), 18
U.S.C. 595).
A -38. ELDERLY PARTICIPANTS
The Contractor shall provide that all programs under
Title I —B of the Economic Opportunity Act shall deal with
the incidence of long -term unemployment among persons
fifty -five years of age and older and be directed to the em-
ployment problems and needs of such persons by endeavor-
ing to employ such persons as regular, part -time, and
short -term staff in the performance of this contract, and
1 July 1969
shall encourage all subcontractors hereunder to do like-
wise.
A -39. DAVIS -BACON ACT AND CONTRACT WORK HOURS
STANDARDS ACT
All laborers and mechanics employed by a Contrac-
tor or subcontractor in the construction, alteration or re-
pair, including painting and decorating, of projects, build-
ings and works which are Federally assisted under this
contract shall be paid wages at rates not less than those
prevailing on similar construction in the locality as deter-
mined by the Secretary in accordance with the Davis -Ba-
con Act, as amended (40 U.S.C. 276a- 276a -5), and regard-
ing persons so covered by the Davis -Bacon Act the Con-
tractor shall comply with the Copeland Regulations of the
Secretary of Labor (29 CFR Part 3) which are incorpo-
rated herein by reference.
Contract Work Hours Standards Act — Overtime Compen-
sation
This contract, to the extent that it is of a character
specified in the Contract Work Hours Standards Act
(40 U -S.C. 327 -330), is subject to the following provi-
sions and to all other applicable provisions and excep-
tions of such Act and the regulations of the Secretary
of Labor thereunder:
(a) Overtime Requirements. No Contractor or sub-
contractor contracting for any part of the contract
work which may require or involve the employment of
laborers or mechanics shall require or permit any la-
borer or mechanic in any workweek in which he is
employed on such work to work in excess of eight
hours in any calendar day or in excess of forty hours
in such workweek on work subject to the provisions of
the Contract Work Hours Standards Act unless such
laborer or mechanic receives compensation at a rate
not less than one and one -half times his basic rate of
pay for all such hours worked in excess of eight hours
in any calendar day or in excess of forty hours in
such workweek, whichever is the greater number of
overtime hours.
(b) Violation; liability for unpaid wages; liqui-
dated damages. In the event of any violation of the
provisions of paragraph (a), the Contractor and any
subcontractor responsible therefor shall be liable to
any affected employee for his unpaid wages. In addi-
tion, such Contractor and subcontractor shall be liable
to the United States for liquidated damages. Such liq-
uidated damages shall be commuted with respect to
each individual laborer or mechanic employed in vio-
lation of the provisions of paragraph (a) in the sum
of $10 for each calendar day on which such employee
was required or permitted to be employed on such
work in excess of eight hours or in excess of the stan-
dard workweek of forty hours without payment of the
overtime wages required by paragraph (a).
(c) Withholding for unpaid wages and liquidated
damages. The Contracting Officer may withhold from
the Prime Contractor, from any moneys payable on
account of work performed by the Contractor or sub-
contractor, such sums as may administratively be de-
termined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions
of paragraph (b).
(d) Subcontracts. The Contractor shall insert Para-
graphs (a) through (d) of this clause in all subcon-
tracts, and shall require their inclusion in all subcon-
tracts of any tier.
(e) Records. The Contractor shall maintain payroll
records containing the information specified in 29
CPR 516.2(a). Such records shall be preserved for
three years from the completion of the contract.
A -40. EMPLOYMENT OR PAYMENT OF CERTAIN INDMDUALS
PRECLUDED
(1) No individual employed or assigned by any Contrac-
tor or subcontractor assisted under the Economic Oppor-
tunity Act of 1964, as amended (42 U.S.C. 2701 at seq.),
shall, pursuant to or during the performance of services
rendered in connection with any program, activity, or con-
tract conducted or assisted under said Act by such Con-
tractor or subcontractor, plan, initiate, participate in, or
otherwise aid or assist in the conduct of any unlawful
demonstration, rioting, or civil disturbance.
(2) No person charged, in whole or in part, with the
responsibility for the administration of this contract shall
be a member of the Communist Party.
A-41. TRAINEE /ENROLLEE WORKSITE
No trainee or enrollee will be employed on work involv-
ing the construction, operation or maintenance of so much
of any facility used or to be used for sectarian instruction
or as a place for religious worship, or on any work which
will release or free any other person for the performance
or rendering of such duties.
A -42. ELIGIBILITY OF TRAINEES OR ENROLLEES
Participants in programs financed under Title I -B of
the Economic Opportunity Act of 1964, as amended, must
be permanent residents of the United States or of the
Trust Territory of the Pacific Islands, and must be either
unemployed or low - income persons. In determining a per-
son's eligibility for participation in such programs on ac-
count of his poverty, such person will not be deemed to
meet the poverty criteria if his lack of income results
from his refusal, without good cause, to seek or accept em-
ployment commensurate with his health, age, education,
and ability.
A-43. UTILIZATION OF FACILITIES
The Contractor agrees to make maximum use of exist-
ing schools, community centers, settlement houses, and
other facilities during times they are not in use for their
primary purpose.
A-44. FEDERAL SHARE OF PROGRAM COSTS
(1) The Federal cost for any program carried out pur-
suant to Section 123 or Title I, Part D of the Economic
Opportunity Act of 1964, as amended, shall not exceed 90
per centum of the total cost of such program including
costs of administration.
(2) Non - Federal contributions may he in cash or in-
kind, fairly evaluated, including but not limited to plant,
equipment, and services, provided that where capital in-
vestment is required under a contract with a private or-
ganization (other than a non -profit organization), the
Federal share thereof shall not exceed 90 percentum of
such capital investment and the non - Federal share shall
be as defined above.
A -45. LAWS APPLICABLE.
The Contractor will perform its duties in accordance
with the Manpower Development and Training Act of
1962, as amended, and /or the Economic Opportunity Act
of 1964, as amended, and the regulations, Procedures and
standards Promulgated thereunder. The Contractor will
comply with all applicable Federal and State and local
laws, rules, and regulations which deal with or relate to
the employment of persons who perform work or are
trained under this contract.
This contract in no way relieves the Contractor of res-
ponsibility for compliance with the provisions of the Fair
Labor Standards Act, as amended.
A-46. NONDISCRIMINATION
(a) This contract and any subcontract hereunder is sub-
ject to Title VI of the Civil Rights Act of 1964 (78 Stat.
252) and the Regulations issued thereunder and found at
29 CFR 31. In undertaking to carry out its obligations
under said Act and Regulations, the Contractor will desig-
nate an individual to have the primary responsibility for
assuring that the Contractor is in full compliance. The
Contractor further agrees:
(1) That any service, financial aid, or other benefit to
1 July 1969
be provided by it under this contract shall be furnished
without discrimination because of race, color, or na-
tional origin.
(2) That any "service, financial aid, or other benefit"
as used in this clause shall include, with respect to
trainees and enrollees or prospective trainees and enrol-
lees under this contract, their recruitment, registration,
examination, counseling, selection, testing, placement,
employment, work assignment, reimbursement, reten-
tion, supplemental education, and training.
(3) That "discrimination because of race, color, or na-
tional origin" as used in this clause includes:
(i) using enrollment in a school as a basis for the
selection of an individual for a particular job assign-
ment under this contract or for participation in any
other aspect of this contract unless enrollment in said
school is available without regard to the race, color,
or national origin of otherwise eligible persons,
(ii) denying an individual any service, financial aid,
or other benefit on the ground of race, color, or na-
tional origin,
(iii) providing any service, financial aid, or other
benefit to an individual which is different, or is pro-
vided in a different manner, from that provided to
others on the ground of race, color, or national origin,
(iv) subjecting an individual to segregation or
separate treatment in any matter related to his re-
ceipt of any service, financial aid, or other benefit on
the ground of race, color, or national origin,
(v) restricting an individual in any way in the en-
joyment of any advantage or privilege enjoyed by
others receiving any service, financial aid, or other
benefit on the ground of race, color, or national ori-
gin,
(vi) denying an individual an opportunity to par-
ticipate under this contract through the provision of
services, or otherwise affording him an opportunity to
do so, which is different from that afforded others on
the ground of race, color, or national origin, or
treating an individual differently from others on the
ground of race, color, or national origin, or in
determining whether he satisfies any admission, en-
rollment quota, eligibility, membership, or other re-
quirement or condition which individuals must meet
in order to be provided any service, financial aid, or
other benefit.
(9) That in determining the types of services, finan-
cial aid, or other benefits that will be provided under
this contract by the Contractor, no criterion or method
of administration will be utilized which has the effect of
defeating or substantially impairing accomplishment of
the objective of this clause.
(5) That the United States Department of Health,
Education, and Welfare has not suspended or termi-
nated or refused to grant Federal financial assistance to
the Contractor in accordance with Department of
Health, Education, and Welfare regulations issued pur-
suant to the Act and found at 95 CFR 80, and that any
such suspension, termination or refusal by said Depart-
ment subsequent to the execution of this agreement
shall be immediately reported to the Contracting Officer
and be grounds for terminating this contract.
(6) That it will make information available regarding
the Equal Opportunity provisions of the contract in
such manner as the Contracting Officer may from time
to time specify and deliver to each trainee, enrollee and
staff employee, at the time of his association with the
project, a written description of his right to be free
from discrimination on the basis of race, creed, color, or
national origin, copies of which will be furnished to the
Contractor by the Contracting Officer for distribution.
(7) That it will maintain records which set forth as
of each thirtieth day the contract is in operation for
each job description referred to in the Special Provision
of this contract entitled "Statement of Work" (and /or
Schedule) and each facility to which trainees and enrol-
lees are assigned, the total number of trainees and en-
rollees and the number in each of the following catego-
ries: Negro, American Indian, Spanish American, and
Oriental. Where trainees and enrollees are assigned on
the basis of work teams which do not work at any one
facility, the records shall be kept for such team. Records
indicating the race, national origin, and qualifications of
all persons who have applied for staff positions will also
be kept. In addition, all facilities of the Contractor and
all records, books, accounts, and other sources of infor-
mation pertinent to ascertainment of the Contractor's
compliance with the Regulations, will be available for
inspection at any time during normal business hours by
an officer or employee of the Government authorized to
make such inspections.
(8) That discrimination because of race, color, or na-
tional origin shall be deemed to be discrimination by the
Contractor if it is done by it directly through its officers
or employees, or if it is done by another individual,
agency or organization with whom it contracts or other-
wise arranges to assist it in the provision of any ser-
vice, financial aid, or other benefit under this contract.
(9) That the Contractor will not permit trainees and
enrollees to perform work assisting any facility,
whether owned by it or otherwise, which provides any
service, financial aid, or other benefit in a manner which
discriminates on the basis of race, color, or national ori-
gin. The Contractor will obtain from the owner and op-
erator of each facility which is not owned by him and
which would be assisted by the work of trainees and en-
rollees an equal opportunity assurance in the form pro-
vided by the Contracting Officer before trainees and en-
rollees will be permitted to perform any work assisting
any such facility.
(10) That upon receipt of a written or oral complaint
from any person, the Contractor immediately will notify
the Contracting Officer and mail to him a copy of any
written complaint. The Contractor will cooperate with
the Department of Labor by undertaking such activities
as may be requested by the Contracting Officer in an at-
tempt to ascertain facts relevant to the complaint and
assure that operations under this contract are in full
compliance. Unless otherwise directed, the Contractor
will investigate the complaint and within 15 days fol-
lowing the complaint will submit to the complainant and
the Contracting Officer, a written report of the investi-
gation regarding the complaint including any actions
taken by the Contractor as a result of the complaint.
(11) That it will conduct an investigation of the pro-
ject regarding compliance and will submit a written re-
port of the investigation, including a description of the
activities undertaken in the investigation, to the Con-
tracting Officer, within 120 days following execution of
this contract. This report will cover at least the first 90
days of operations and will, under this contract, include
those portions of the project undertaken under any ar-
rangement with the Contractor.'
(12) That the Contractor will keep such records and
submit such reports as the Contracting Officer may
from time to time require to ensure compliance with this
clause.
(13) The Contractor agrees that any violation of this
paragaph (a) shall constitute grounds for termination
of this contract by the Government or give the Govern-
ment the right to seek judicial enforcement of this para-
graph.
(b) The Contractor agrees that the provisions of para-
graph (a) and this paragraph (b) will be inserted verba-
tim in every training subcontract under this contract.
1 July 1969
SERIES B
ADDITIONAL GENERAL PROVISIONS
for
COST- REIMBURSEMENT TYPE CONTRACTS WITHOUT TRAINING COMPONENTS
under
THE ECONOMIC OPPORTUNITY ACT OF 1964, As Amended
and
THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, As Amended:
B -31. Political Activity
B -32. Contract Work Hours Standards Act — Overtime Compensation
B -33. Elderly Participants
B -34. Employment or Payment of Certain Individuals Precluded
B -35. Davis -Bacon Act
B -36. Laws Applicable
25 1 July 1969
SERIES B
ADDITIONAL GENERAL PROVISIONS
for
COST- REIMBURSEMENT TYPE CONTRACTS WITHOUT TRAINING COMPONENTS
under
THE ECONOMIC OPPORTUNITY ACT OF 1964, As Amended
and
THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, As Amended:
B -31. POLITICAL ACTIVITY
No funds hereunder shall be used for any partisan po-
litical activity or to further the election or defeat of any
candidate for public office; nor shall they be used to prov-
ide services, or for the employment or assignment of per-
sonnel in a manner supporting or resulting in the identifi-
cation of programs conducted pursuant to this contract
with (1) any partisan or nonpartisan political activity or
any other political activity associated with a candidate, or
contending faction or group, in an election for public or
party office, (2) any activity to provide voters or prospec-
tive voters with transportation to the polls or similar as-
sistance in connection with any such election, or (3) any
voter registration activity. In addition, it should be noted
that employees of public bodies and community action
agencies may be subject to limitations on their political
activities under the Hatch Act (5 U.S.C. 1502(a), 18
U.S.C. 595).
B-32. CONTRACT WORK HOURS STANDARDS ACT — OVERTIME
COMPENSATION
This contract, to the extent that it is of a character
specified in the Contract Work Hours Standards Act (40
U.S.C. 327 -330), is subject to the following provisions and
to all other applicable provisions and exceptions of such
Act and the regulations of the Secretary of Labor there-
under:
(1) Overtime Requirements. No Contractor or subcon-
tractor contracting for any part of the contract work
which may require or involve the employment of labor-
ers or mechanics shall require or permit any laborer or
mechanic in any workweek in which he is employed on
such work to work in excess of eight hours in any calen-
dar day or in excess of forty hours in such workweek on
work subject to the provisions of the Contract Work
Hours Standards Act unless such laborer or mechanic
receives compensation at a rate not less than one and
one -half times his basic rate of pay for all such hours
worked in excess of eight hours in any calendar day or
in excess of forty hours in such workweek, whichever is
the greater number of overtime hours.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions
of paragraph (1), the Contractor and any subcontractor
responsible therefor shall be liable to any affected em-
ployee for his unpaid wages. In addition, such Contrac-
tor and subcontractor shall be liable to the United
States for liquidated damages. Such liquidated damages
shall be computed with respect to each individual la-
borer or mechanic employed in violation of the provi-
sions of paragraph (1) in the sum of $10 for each calen-
dar day on which such employee was required or per-
Z.
mitted to be employed on such work in excess of eight
hours or in excess of the standard workweek of forty
hours without payment of the overtime wages required
by paragraph (1).
(3) Withholding for unpaid wages and liquidated
damages. The Contracting Officer may withhold from
the Prime Contractor, from any moneys payable on ac-
count of work performed by the Contractor or subcon-
tractor, such sums as may administratively be deter-
mined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liqui-
dated damages as provided in the provisions of para-
graph (2).
(4) Subcontracts. The Contractor shall insert para-
graphs (1) through (4) of this clause in all subcon-
tracts, and shall require their inclusion in all subcon-
tracts of any tier.
(5) Records. The Contractor shall maintain payroll
records containing the information specified in 29 CFR
516.2(a). Such records shall be preserved for three.,
years from the completion of the contract.
B-33. ELDERLY PARTICIPANTS
The Contractor shall provide that all programs under
Title I —B of the Economic Opportunity Act shall deal with
the incidence of long -term unemployment among persons
fifty-five years of age and older and be directed to the em-
ployment problems and needs of such persons by endeavor-
ing to employ such persons as regular, part -time, and
short -term staff in the performance of this contract, and
shall encourage all subcontractors hereunder to do like-
wise.
B-34. EMPLOYMENT OR PAYMENT OF CERTAIN INDIVIDUALS
PRECLUDED
(1) No individual employed or assigned by any Con-
tractor or subcontractor assisted under the Economic Op-
portunity Act of 1964, as amended (42 U.S.C. 2701 et
seq.), shall, pursuant to or during the performance of ser-
vices rendered in connection with any program, activity,
or contract conducted or assisted under said Act by such
Contractor or subcontractor, plan, initiate, participate in,
or otherwise aid or assist in the conduct of any unlawful
demonstration, rioting, or civil disturbance.
(2) No person charged, in whole or in part, with the
responsibility for the administration of this contract shall
be a member of the Communist Party.
B -35. DAvzs -BACON ACT
All laborers and mechanics employed by a Contractor or
subcontractor in the construction, alteration or repair, in-
cluding painting and decorating of projects, buildings and
works which are Federally assisted under this contract
1 July 1969
shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by
the Secretary in accordance with the Davis -Bacon Act, as
amended (40 U.S.C. 276a- 276a -5), and regarding persons
so covered by the Davis -Bacon Act the Contractor shall
comply with the Copeland Regulations of the Secretary of
Labor (29 CFR Part 3) which are incorporated herein by
reference.
B -36. LAWS APPLICABLE
The Contractor will perform its duties in accordance
with the Manpower Development and Training Act of
1962, as amended, and /or the Economic Opportunity Act
of 1964, as amended, and the regulations, procedures and
standards promulgated thereunder.
The Contractor will comply with all applicable Federal
and State and local laws, rules, and regulations which
deal with or relate to the employment of persons who per-
form work or are trained under this contract.
This contract in no way relieves the Contractor of re-
sponsibility for compliance with the provisions of the Fair
Labor Standards Act, as amended.
U.S. GOVERNMENT PRINTING OFFICE: 1959 0-357 -890
1 July 1969
CORPUS CHRISTI, TEXAS nn/�
_tA DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS ,
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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; 11 THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
ESPECTFUL Y,
YOR
THE CITY OF RPUS N
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
• BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES _
GABE LOZANOi SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
_ CHARLES A. BONNIWELL � Q.
ROBERTO BOSQUEZ, M.D.
BEY. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
ISTI, TEXAS