HomeMy WebLinkAbout12169 ORD - 07/10/1974. JRR:vmr:7 -8 -74; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE LULAC EDUCATIONAL SERVICE CENTER FOR THE CONDUCT AND
ADMINISTRATION OF A CAREER COUNSELING PROGRAM FOR DISADVAN-
TAGED YOUTH IN THE 12- COUNTY AREA OF THE COASTAL BEND
REGION, SAID PROGRAM TO BE FUNDED UNDER TITLE III OF THE
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
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
to execute an agreement with the LULAC Educational Service Center for the
conduct and administration of a career counseling program for disadvantaged
youth in the 12- county area of the Coastal Bend Region, said program to
be funded under Title III of the Comprehensive Employment and Training Act
of 1973, all as more fully set forth in the agreement, a copy of which is
attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to immediately authorize execution of
the aforesaid agreement in order that the career counseling program for dis-
advantaged youth may proceed without delay creates a public emergency and
an imperative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of its
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared that
such public emergency and necessity exist, and having requested that such
Charter rule be suspended 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 V
day of July, 1974.
ATTEST:
i¢SST. Cit Secretary
APP OWED:
DAY OF JULY, 1974:
(RL441��'
City Attorney
— (2, t
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
121-69
TABLE OF CONTENTS
1. CONTRACT SIGNATURE SHEET
2. APPLICATION FOR CONTRACT
3. PROGRAM TRANSITION SCHEDULE
4. PROGRAM OPERATING PLAN (POP)
5. PROGRAM NARRATIVE (STATEMENT OF WORK)
6. PROJECT COMPONENT BUDGET
7. ASSURANCES AND CERTIFICATIONS
8. SPECIAL CLAUSES
9. STANDARDS OF PERFORMANCE
10. SUPPORTIVE DOCUMENTS
iris contract is catered into b3,: ', he_ Prime ,Sponsor, hcrcina-t�, - rf!
a5 Grantor and LULAC Educational Service Center
'Z-Cferrcd to 02 Contractor. hc!rT� na--tcr
Tiie Cc-,,tractor to C"Lra-2 a Ccnorelicnsi- T
E -r a, =picyMent Ltrg - -
're
in accord�!zce w'th the rr3vizior:3 0: this a-rcemcat'. This r-r'
this she-et =d such general and znec."La'L asszirmnnces as are jrc-udt!- hercin
(See Page 2)
A. OBLIGATION
(1) The total estimated Federal cost of the C----TA FY(s)
Coastal Bend
Career Counseling DroE--a-z is 4,810 es
reflected in it--r- 111A of 'vc Projecz;
Plan. This estimated cost will cover thz -ceriod
.,ijily 1. 1974 to September 3D, 1974
(2) Funds obligated 'by the Prime Sponsor are
4,810 These funds cover the period
July 1, 1974 to September 30, 1974
B. I-IODIFICATION
(1) This modification (7incre:zises I-Tdoes -lot
the funds previously obligated by.
to a total obligation of $
(2) Description of Mcdification
C. TITLE AND FISCAL - ,jj
The total fujqds Obligated for this contract by title and fiscal y.2a.- are:
Fisczl Year Title I Title III TOTAL
FY 75 $4,810 $4,810
— - - - ,
TOTAL $4,810 -- -$-4
AlIP"I R T!:" 7
L)
y
TONY BONILLA (Board Chairman) B R. MARVIN TOWNSEND, CITY MANAGER
TIT-E 21 Jun 74--- A--D IITL-
DATE
ATTEST:
City Secretary
S I G 11 1 A 12 U-.iZ' D:.__
PACE I OF PAGES
APPROVED:
City Attorney
-
_ --
;:0
Coastal
Bend Manpower Consortium
302 S.
Shoreline
LULAC Educational
Service Center
Corpus
Christi, Texas 78408
702 Morgan Avenue
- P.O. Box 3455
Corpus . Christi , Texas 78404
iris contract is catered into b3,: ', he_ Prime ,Sponsor, hcrcina-t�, - rf!
a5 Grantor and LULAC Educational Service Center
'Z-Cferrcd to 02 Contractor. hc!rT� na--tcr
Tiie Cc-,,tractor to C"Lra-2 a Ccnorelicnsi- T
E -r a, =picyMent Ltrg - -
're
in accord�!zce w'th the rr3vizior:3 0: this a-rcemcat'. This r-r'
this she-et =d such general and znec."La'L asszirmnnces as are jrc-udt!- hercin
(See Page 2)
A. OBLIGATION
(1) The total estimated Federal cost of the C----TA FY(s)
Coastal Bend
Career Counseling DroE--a-z is 4,810 es
reflected in it--r- 111A of 'vc Projecz;
Plan. This estimated cost will cover thz -ceriod
.,ijily 1. 1974 to September 3D, 1974
(2) Funds obligated 'by the Prime Sponsor are
4,810 These funds cover the period
July 1, 1974 to September 30, 1974
B. I-IODIFICATION
(1) This modification (7incre:zises I-Tdoes -lot
the funds previously obligated by.
to a total obligation of $
(2) Description of Mcdification
C. TITLE AND FISCAL - ,jj
The total fujqds Obligated for this contract by title and fiscal y.2a.- are:
Fisczl Year Title I Title III TOTAL
FY 75 $4,810 $4,810
— - - - ,
TOTAL $4,810 -- -$-4
AlIP"I R T!:" 7
L)
y
TONY BONILLA (Board Chairman) B R. MARVIN TOWNSEND, CITY MANAGER
TIT-E 21 Jun 74--- A--D IITL-
DATE
ATTEST:
City Secretary
S I G 11 1 A 12 U-.iZ' D:.__
PACE I OF PAGES
APPROVED:
City Attorney
3• Prima SpoYsor Coastal Bend
Manpower Consortium
302 S. Shoreline
A:..1n1....r1.. 0.1:..
P. 0. Box 9277
Sr...r }::.... - P.O. b..
Corpus Christi, Texas 78408
ur, s.... xl. C-
Coastal Bend Career Counseling_
17.232
Contractor Type
X
a. ."L..... —
LULAC Educational
Service Center
702 Morgan Ave. -
P.O. Box 3455
5..... A:J.... _ P.O. a..
Corpus Christi,
Nueces
c.ur,
c..w.,
Texas
78404
Srr.
Z" C.•:-
Prime Sponsor Fun3ing Requested
5 4.810
Private Non - Profit
X New Contracts Continuation, Su?Plement_0 �Ii3r changa
1_.7,...1 A.J...t.
X Co +,P t Other (Specify)
G_.- I+.:..p Ire. i.. Prry r 11. L -1- .1
51. �.. ..n O....1, 1 1
420,572 Three (3) months
l7. C..p. I D1..1.. la. y.,:...:ry 0-
14; 15 and 23 July 1, 1974
14, 15 and 23
June 21, 1974
li. 71...F.Ilc.w. e^ril�. .I.n +. ,Y. Y..r .1 Y:. Y.^..11y....a Y.1:.1 .Y. J... :n .A:r ..yl:e..:... ... Mr .ni e^... r, .-d .Y.• r.. -:11 e
- I
T0N ILLA n Chairman of Board .<.�
i
-Sign ure of A orird Representative of Applicant 512 ` 884 -8284
S nL7 ,7L.ul A lk,mYvrIUf; �•l.di.UULE
JW71 o0 or 1I AIt -!ff rrnrr ..,r• . rep. r., Ce
1 • Ile�m.l Cerlrnci' irk nii:n
"•'•" —_ —
a . irn[lel Cn•pr A•.1 Blr ••e.
7 • An.rnnl /r.00u•r.T r ,ri•ep t,
1 DIh.NT.pre/n 1, C.). Lf
1. CDljtrnet cto,
����_ y r.
` —'_ �A
!f0. V ♦vn DE OEM M:IOCAA•A ACTIVITY
IpDlo. OF LS CODE
L lfol l.tol!c eh l., 1•r .7rnm 1� h. ri �e nn!Ir�rA
VVM•COA CATCo OAICAE Yn DOAA. pIS
IfAAn ATIVE SULWA'I(fC rn
(rurJrf Wr;renA orrl�ne rl• Arnr.rino rrff"A
DATC OF PIIA7 {•IN
TO CC (room Item 7 (.1so.• peY. rr.l t17C OAPDAATIl10 GAT[OCnICAL
rrl. me r.r ;.5 n.�r�l lrr i•i
tom/n ulrr or A.r,;ee.
Co arnetor S A11.1
Tr.A.I SFCAACO sAornJ nOCnAMfrrom Pee(oat00.1.11np Pr.n)
ICI lot
�. ICI
IFI •
N/A
N/A
N/A
N/A
N/A
N/A
s
-7 Tv,
cq1 Y,0 LCT of-9-IING rte, N'
LULAC Educational Service Center
_702 Morgan Ave. -P.O. Box 3455, Corpus Christi, Texas 784
"IT
Y,
T.
-July 1, 1974 Sept. 30, 1974
j...
I. ENROLLMENT AND 11,11MINATION fiUMWARy
UTAL ;KnD(JA- !0 R- :SAVED 15,, f A.7 d A.21
INTIAINCi, THIS PFIOC-.f;AV YEAR
IND.VIUUALS C IEO LIVEN F140M W•V(DUS PNOGRAM YFAR
X X X
7AL INDIVIDUALS 70 IIE TEQMINAILD DUAINO PROGRAM YEAR IS- It 8.1 1J, P.41
_O_
;}CT I`LSZ(-1%_,S. NO CETA YR1N6 OR EMPLOYMENT
-O_
INDIRECT PLAcL -,s. r. O LLO—G CCT A TRAINING /EMPLOYME N"-.
O'1.fq POSIlIvz TfsMINATIONS
!125
N.^-11SITIVE ".E."NAT'O'S
-0-
I
t, rlf INDIVIDUALS PLANNFO TO RE ENROLLED AT THE END OF EACH C•fARTFk [A m ;j RI
11
I'. PLANNED INECILLINTS 11 PROGRAM ACTIVITIES
Dellrr t•} I- :,t 1. be d In each woolen 11.11Y GImliIv lhlo�h th,
T� ol.—dal. b�.,enrolled .m —h p,m— 1-y at the -d of each An-r:
In c.
then Ie cii"Iy should b I- Ch -ciivIlY In --ich FV6 .1 -h- I- 101.d.
MOGRAU ACTIVITY
D/30
12/31
3/3
TOTAL (CURRENTLY
.E.V,. ENROLLED
TOf-TI AL CURRENT LT
SERVED ENROLLED
TOTAL
OTAL NTL,
S I R V E D
F�
C
,. VT N R C
HFG AcTiviTzES Career Counseling
125
Ill. );UMMAKY I-NAWrIAL PLAN [in lh-s-ils of dall ... j
let Cc A 1..d. _6 14.bi. d.,I- Ihi•
,OOrn tar IS- .1 A. I -d A.2 $ 4,810-
Diner prams -0-
f..di.0 4,810.
I• _r'O .. i,,, IhI.
S_ 8.714--h 8.6) 4,810-
$ 77Q-
F,inp. a—f4l,
Services to Cl:sn,s $
Cn. I.M. ..be ...iw 6-. neat Dram program
1. _ 3) -0-
IV. CUMULATIVE PROJECTIONS
by CL
ends a1
-AKTER OF
dn'la re
FII,ANCIAL L%•!! Lpj
A. "1- 5— Oblip.11-
.-by Propr»m Anlrlty:
1
5
1. Cl.- Tr,-
2. on- The -Jab TI.I.ma
E. Services To Clo."Is
G. Olt- Acli-inc
t
C. ft.j.i,td
LPpplem.ma1 viC* Ed.
;NkfICAW CLIENT GROUPS. I"a .1 At
.-I- aha
PrIMe Sponsor.
E. 01-1 Fad•l Fund.. -1 In
fti- Spew.oi . G'..,
"Or,RAM YFAR-T-11-F NLAN
_TT 1.1 A I� I
r-LjEpff GROUP
ID/30 12/31
I .
'
161
F. GRAND ci d
E_ NO TOTAS_
if
5
VS. OTHER ACTIVITZIES IA. /.... 11.5; fv-3.6i
. PROGRAM NARRITIVE •
INTRODUCTION
The LULAC Educational Service Center proposed to develop
a comprehensive Career Counseling component under the Compre-
hensive Employment and Training Act of 1973. Furthermore, the
LULAC Educational Service Center submits the foregoing proposal
for CETA monies to establish the above program activity to com-
plement the present activities carried out by the Center. It is
imperative to note that this activity incorporates not only short -
term goals, but a long -term goal of stimulating an interest in
disadvantaged youths to pursue a career which will not only bene-
fit the individual but society as well.
GOAL
To create an awareness and stimulate an interest in the
varied careers in the minds of disadvantaged youths via indivi-
dual and group counseling.
RATIONALE
Of one thousand three hundred fifty -six (1,356) clients
served by our existing staff to date, over seven hundred (700)
of them had a vague idea or were undecided as to what career
to pursue. Many youths in the Coastal Bend Area have little
comprehension of the different jobs available under the dif-
ferent career cluster. Because of the lack of understanding
of the preparation required for different occupations many
disadvantaged do not allow themselves to mature their poten-
tial in the area in which they could make a worthy contribution.
Page 2
�arrative continued........ .
COORDINATION WITH OTHER AGENCIES & ORGANIZATIONS
The LULAC Educational Service Center will solicit the
support of all agencies in the Consortium particularly the
CCISD -NYC and IMAGE of Alice in carrying out its activi-
ties. Furthermore, the Career counselor will work very
closely with the Del Mar Counseling staff and various commu-
nity groups in the counties which will be served by the
consortium.
S U M M A R Y
What the LULAC Educational Service Center of Corpus
Christi proposes to accomplish with the use of CETA monies
merits the task to be undertaken. By the Center providing
In -Kind supervision and rent, the administrative cost to
CETA has been kept well under the maximum of fifteen per-
cent (15 %). The career counselor selected to carry out the
described activity will undertake a tremendous task. It is
hoped that after our three months of funding, we will have
proven to all parties involved that the LULAC Educational
Service Center is indeed worthy and successful of carrying
out a career counseling program.
to 3
rative continued.......
Number to be served:
Three months period:
Type of Training
125 slots
July 1, 1974 - September 30, 1974
Coastal Bend Career Counseling
and Referral
1.) What Service the Component Provides
The LULAC Education Service Center proposed to compli-
ment its program by developing a comprehensive career educa-
tion component which will provide the counseling services to
disadvantaged persons in the Coastal Bend Area.
2.) Client Assignment Standards
A career education counselor through the excellent work-
ing rapport already established could work closely with dis-
tricts, community groups, etc., to provide counseling services
to the disadvantaged person in the Coastal Bend Area. In addi-
tion, the Career Education Counselor will work jointly with
the existing staff member of the LULAC Center.
3.) What Work is to be Done
A career counselor will be responsible for carrying out
the activities described below:
- Identify and counsel approximately 125 disadvantaged
youths throughout the Coastal Bend Area.
- In cooperation with the Del Mar Counseling staff to
underwrite the expense of clients participating in
this program to take the "Strong Inventory Interest
Test" at $6.00 per test.
- To develop an action plan for each client whereby
he or she may have the opportunity to have direct
personal contact in those occupations exhibited as
a result of the above test and /or any occupation or
profession the client may wish to explore.
I
•
�age 4
rrative continued: •
- Through counseling, assist client in planning to ac-
quire the necessary requirements of his or her chosen
occupation.
- To survey industry and business in the Coastal Bend
Area to compile information of the different occu-
pations and professions available so that the client
may be better able to identify with the job market.
- To develop audio- visual presentations of the different
career clusters.
4.) Administrative Procedures
The Corpus Christi LULAC Education Service Center will
employ a full -time counselor to implement and coordinate the
activities of the component. Through its existing structure,
the Center will handle payroll, management information report-
ing, and any documentation as required by the Coastal Bend Man-
power Consortium.
5.) Performance Standards
...Seventy -five (75 %) percent of all persons screened will
have an action plan developed.
...Fifty (50 %) percent of the above will indicate an interest
in at least one career choice.
...Career Education Counselors will provide documentation of
services rendered and referrals.
...Follow -up documentation will reflect services obtained by
the client.
...Parental and community input will occur in at least
fifty (50 %) percent of the clients.
6.) Staffing
One Outreach Career Education Counselor, 100 %. This
person will work closely with the existing staff to augment
our present program.
ge 5
rrative Continued......
6.) Staffing - continued
In addition, through the work experience component funded by
the consortium, a clerk- typist may be recruited to assist him
with the paper work.
7) EQUAL EMPLOYMENT OPPORTUNITY
LULAC Educational Service Center will comply with all the EEO regulations.
•
/x/ i I
_ iL
I: r 0.f Co';'-' LC^_0:? OY. SUrGRA�: i :
LULAC Educational Service Center
FUNCTIOPI OR ACTIVITY:
Coastal Bend Career Counseling
TOTAL A.MOMIT: 4,810.00
rAGE 1 OF 6 p GES
(1)
ALM?INISTR.ATIVE COST:
720.00
(2)
WAGES
-0-
(3)
TRAINING:
-0-
E ITZ -11.S:
-0-
(6)
SERVICES:
4,090.00
TOTAL A.MOMIT: 4,810.00
rAGE 1 OF 6 p GES
L:
T
a. STIFF COSTS:
b. FRTrIGE BENEFITS:
C. CONSLT-tkBLS OFFICE SUPPLIES:
d. PROGRAM EVALUATION:
e. ACCOUNTING SYSTEM:
f. I-MNAGEN—ENT INTFORM-IT Iorj SYSTEM:
E. STATE, MU-1P0TJM SE-WICES COUNCIL:
h. PRDIE SPONSOR PLANNING r._rNCIL:
i. TR-A'aL:
j. REENT:
k. UTILITIES:
I. CUSTODL4-I SERVICES:
n. INDIRECT COSTS:
n. STAFF T;LA-T'iVI,G:
a. TECI MICALT ASSIST.AIICE:
P.
q. MATERIAL
r. CAPITAL IMPROVE?=S:
S. PUBLICATIONS:
t. AUDIT SERVICES:
u. 0 T : (Specify) - Telephone
v. OTIEP• (Specify) - Postage
w. OT=- R: (Specify) - Duplication/Xerox
x. OMER• (Specify)
SUB-TOTAL
-2-
-)-:r-,
-0-
75.00
-0-
-0-
-0-
1; i
-0-
300.00
-0-
-0-
_0_
-0-
-0-
-0-
-0-
-0-
-0-
75.00
-0-
150.00
60.00
60.00
-0-
720-00
I
IJACK_;Jl' SUPPORT pl.'n(
A VOLnrr
(2) WAGES:
a. On-Job-Training: _O-
b. Transitional Subsidized saployment: 'O'
c. Other: (Specify) 0_
d. Other: ( Speciry) _O-
-0-
SUB -TOTAL
(3) TRAI.Iirx:
a. Salaries:
b. Fringe Benefits:
C. Tuitiors:
-O-
d•
Entrance Fees;
-O-
e.
Books:
-B-
f.
teacher's Aids:
8•
Other: (fire___, i
-O-
h.
Other.
_p_
SUB -SuTAL -O-
-3-
(4) FRINGE B 3 -_FITS:
a.
Anr_ual Leave:
b.
Sic- Leave:
C.
Coat Leave:
-0-
d.
14ilitary Leave:
-�-
e.
FICA:
f.
Life Insurance:
-�-
g.
Fealth Insurance:
h.
Unemployment Insurance;
-0-
i.
Worksen's Compensation:
J.
Retirement l3ene_ °its•
'�-
k.
Other: (Specify)
I.
Other: (Specify)
-0-
SUB -TOTAL
(5) ALLOWANCES: SUB -TOTAL -�-
-4-
SUB -DOTAL $ 4,090.00
GRAYD TOPAZ. $ 4,810.00
-5-
«,
�.
Cl:•l.i care:
-0-
b.
ricalth Care:
-0-
c.
:eddcal Se---vices:
-0-
d.
Residential Support:
-0- -
C.
:,ssistance in Securing Bonds
-0-
f.
Family Planning:
-0-
g.
Outreach:
-0-
h.
Tntale and Assessment:
-0
i-
Crle ntatlon:
-C
J.
Counseling: $
2,990.00
-0
k.
Job Development:
-0-
l.
Job Placeaent:
m.
Other: (Specify) - Cost of Vocational Testing
7Fn -nn
n.
Other: (Specify) - Participant Transporation
350.00
o.
Other: (Specify)
-0
SUB -DOTAL $ 4,090.00
GRAYD TOPAZ. $ 4,810.00
-5-
Most items on prccuejinr; pzE-,e:, I. -ill requi
support in the f0--m of a cost bream, down as to now the Contractor
,....:rived at the cost figures. Attached is -- smaple for--at as to
how this r b: s)-braitted.
FLEXIBILITY OF COSTS:
Administrative cost will not exceed of the 'Lot— co-t.
The flexibility Of costs between cost cateSories -.-iij ,c=Tnz .Z72r:
negotiate- agree__._. crime z z--e Cc nzz--�
•
P='T'Cn TITLZ I nouw
•-
rczx 7
jTQ _y
I
arppr Education Couns4
$4.331$173.20
520
13
1 100
($2,251.60
for
Fri
Inge Ben
ifits
I 338.40
1
I -771
I
1
I
I
TOTAL STAFF THIS
PAoj. /COMP.
7DTALS
��
$2 , 590. 0
RENT SOIAN>< RATZ /30. NO. IM IMD.S7A FF( I
F£ £T F7_ /A10. 0 TOTAL
In -Kind USING USE A}IOUNT -
RZYT-- - - - - -- }
S. RENT
..TOTAL ,
-0-
!c; ti�i IC n „il c .1Fi CAT i0i TS
• _ rl , ;r�� es
1 :r Flic sit assures and
certifies that-
-It ':ill cO -Tiny with the requirements of the Co.mprchensive
^uloyz:ent and Training Act of 1973 (P.L. 93 -203, 87 tat• 839}
hereafter referred to as the Act, and c.ith the regulations
Policies promulgated thereunder; and
b- It will camply with 01-M Circulars numbered A -f�7, A -95, and
an those circulars relate to the utilizatian.af fund, the
Lion of pro,i.r�s, and the maintenance of records, boors,
:.nd other documents under 'the Comprehensive Employment and Zr_,_ i_;,_
Act. .,
The. ani'licant.further assures and certifies that if. the regulation:;
pr`s'ulgated pursuant to the Act arc mended or revised, it shall
w th them or will notify the Prime Sponsor within 20. d, t
tion of the a }s after pro. -u7., -
^enanents or revision that it cannot so. conform, so that
the Prime Sponsor i�ay terminate the grant.
In ^dition to the requ
iremen ts of 1. '
he mad 2. above, and consistent
t regulations issued pursuant to the Act, all applicants r the
following further - assurances and certifications:
It possesses lc,-al authority to apply for the a resohuticn,
motion or similar action has been duly adopted or passed as ),f__
civil act of the applicant's governing body, authorizing the fiL'n
of the application, including all understandings and assur -,aces con-
tained therein, and directing and authorizing the
as the official representative of the applicant to act oinlconne• -i
with.the application and.to - on
:may be required; Provide such additional information ,
b. NO person in the United States shall, on the ground of race, c
or national origin, be excluded from participation. in, be V_l _
benefit: of, or be otherwise subjected to discrimination rn
Pro-,rani or activity for which the applicant receives
cif? azoistanca and will il=gediately take any measures necef -s
effectuate this agreenent_
c. It :rill cosioly ;,-ith Title 1'I of the Civil Rights Act of 195
(� :2 USC 20004) prohibiting employment discrimination where (_}
the p m
riary purpose of a grant is to provide employment or (a)
cdocriminatory employment practices will result in une."ia trc ---
rent of Persons who are or should be bene£itin, from the ran7_
aided activity_ -
'�: ,.� : : :Li•, :� l� :ai., : ".. :�;,.�• :c�ci i:r:a i'ruyrrt:/ Ar_gciciti.cr�t: Art. �,.- .
91- 0 lcu) z:hici: provicL -, for fu:i.r and cZui.Labi trc•_L. ^...: cL,�
;�r :•. :,n_.
displaced as LL rc; :1:1t of Fcdcra and
e.
It will co :rply :with the provisions of the Hatch Act whit 1ir..i,
t_r_ nolitical activity of employees.
f. The prow.^ under the Act does not involve political
act i vi t i � .
g. It will establish safeSuards to prohibit employees from uair.S
their positions for a purpose that is or gives the appearance of
bz!inZ motivated by desire for private gain for themselves or ot`erz,
ncu•tic..tlarly those with.whorn they have family, buainess or other
ties.
le. IL will rive the Prime snol%�or, DcparLmcnl; of Labor and the Con. croJ.lc
C.•ucrsl, throu•;h any auLharizcd reprc- ,enLaLivc, the acee:;c to zir.i
Lo ea:_ainc all records, books, papers or docu*cents related to
No p -arson with responsibilities in the operation of any pro�,ra:.
u:rd�r the Act will discriminate with respect to any program parti-
cip :,�:t or any applicant for participation in such program beta +se
race, creed, color, national origin, sea, political affiliation
or beliefs. (Sec. 603(1), 612)
a- Licipants in the program ± :� 11 not be employed on the construct-inn,
c•__ration or maintenance of that part of any facility which is e!i
for religious instruction or worship. (Sec. 603(3))
^nropriate standards for health and safety in work and training
urtions will be maintained. (Sec. 603(5))
Conditions of employment or training will be appropriate .^zd reas :.-
^'ole with regard to the type of work, the geographical region and
tt,^ proficiency of the aptlicant. (Sec. 603(4))
T, - Ap :oropriate workman's compensation protection will be provided zo
rill particip—ants. (Sec. 603(6))• -
a. i:ce program will not result in the displacement of employed wor >ers
or impair existing contracts for services or result in the substi-
tution of Federal funds for other funds in connection with wort:
would otherwise be performed. (Sec. 603(7))
._rwnirg will not be for any occupations which require less th ^r.
of pre- employment trainirg, unless irmediate e-rploynent
:pities are available in that occupation. (Sec. 603(8))
1
:J. :kill t. -' inI a Lr _nin;; o^
'irr occu_� Li.oa_, in :Which Lhc 1;cc :ct.a_ -y: o:- ".._ P -i..._ :r�r : : :u: •'.. .
(1 1)
ined thzna is rez sonable ex pct =tica fcr empluy _---_ • ( --
r. C Sill fiL 'lds twill, to the CIctent practicabic, be uses to
taan supplant, the level of funds that would otherwiae e
_uvnilable for the plannin L--ld a-lninistration of programs und:_r z-12.
prim.e sponsor's gractt. (Sec. 603(11 ))
S. It trill subait reports as required by the Prime 5 orsor, �
F :u c will 7 _
min records s3 provide access to them az necessary for the
Sponsor's review to assure that funds are being exne__ - rd
^ded it acccr:i : :::c =•
with the purposes and provisions of the Fact, including the ma_i
records t ntea
o assist the Prime Sponsor in cieterlir_irg the ext .-t
_rt to •.;iir_
tr:e program
wets the special needs of disadvantaged, chronically u_ ::
e;..ployed, and low income persons for meaningful c plarmert ocno_ -uini-
ties. (Sec. 603(12), 311(c))
t. The progran will, to.the maximu.-i extent feasible, contribute to the
occupation.?_ dcvelopr_ent or upward mobility of individual partici-
pants. (sec. 003(13))
Ii. The program has adequate aci:_inistrative and accounting controls, .
sonnet standards, evaluation procedures, availability of in-sen-ice
training and technical assistance programs, and other policies
nay be necessary to promote the effective use of funds. (Sec. 603
(lk))
v.
The program makes appropriate rovision for the
P manpower needs of
youth in the area served. (sec. 603(15))
w. It will comply 'with the labor'standards - requirements set out in
Sec-
tion 606 of the Act.
x. It will comply with all requirements imposed by the Depart=e -t o
Labor concer.-,ing special requirements of law, program- reo ire is
and other administrative recuirements approved in accor._
dace vi,-
Office of i4ana5etent and Budget Circular Wo. A -102.
�- The A_tlicant further assn- *es a ^.d certifies that neither it nor an-,-
other units planned £or participat _
ion i- the project are listed 0: a
debarred list due to violations of Titles VI and VII of the Civil Rights
Act of 1964, nor are any proposed parties to the contract aware of any
pending action which might result in such debarment.
or Title i Dro¢r:
In c:_ r in z out p.-o,;r —z; under Title I of the Act, the arplicr...t .s �-
co__,Cics that:
i. .rrrices and activities provided under this title Fill b^ a1r.?ni,.c_rl
under the supervision of the :applicant. (Sec.
services including ,Job devclonncnt, will be nrovidcd to
st in need of them including low inco -.e persons =d ncrseas of lir._tcd
En,,lish- speaking ability, and that the need for continued fundin- of
I ; :-=s of demcastrated effectiveness is considered in sewing zucth
pe -sons. (Sec. 105(a)(1)(D)).
Pro -r:r.s of institutional skill training will be designed for occupa-
tions in which ..::ill shortages exist. (Sec. 105(a)(5))
Vii. The plan meets all tho requir=ents of Secticn 105(x) and that the ap-
plicant kill cc=-, ly with all rrovisiors of the Act. (Sec. 105(b))
S. It %;�_11 make such arrangements as are prescribed by reb::lation t., assist
the Secretei7j in carrying out his responsibilities under Sections 105
and 108 of the Act. (Sec. 105 (a)(7))
o. The Applicant assures and certifies that the Comprehensive i.±npower
Kan in Title I, as amended, is made a part of the Grant agree -ent
by reference.
SDeci;ic Assurances Relating to Public Service bolol^aent Prow ms
=s
?or Public Service E+.plotment programs, an applicant will:
sswre that the activities and services for which assistance is sousht
under Title II of the Act will be administered by or under the suncr-ri-
sicn of the applicant, identifying any agency or institution desi.aatcd
to earn; out such activities or services under such supervision;
-c that only persons residing, within the areas of substantial un_rz-
Yloy::ent eu,Llifyia; for assist.rce will be hired to fill jobs cr :_LC
ur.^or Title II of the Act, and that the public services provide_ n _u_-^
!abs shall, to the extent feasible, be designed to benefit the r side -ts
of such areas;
: :�.; : :._ ., ?alt �a ^ri.,, •• - .., -.,.: ..
by orori li: ;ycor�ic.Lt
_.
dcsi�aatcd to ( L) praotc U:a
o: traiain;; opportunities Lebic Lo Llr. in,U-✓L dudi:: ir. :•,_. : :,
in the public or private sector o.r t!r: coo : :o (; >)
with skill + l.ru✓ _ __: i =
1'or which there is an anticipat_d hi;h d_ __Zi r _
vice particip nts with self - development :kills; provided r J/
nothing contained in " cr
this pa= :graph shall be construed to pruc'_ui >'c
sons or programs for whoa the foregoing goals are not feasible or
priatc; rr�-
�+. assure (1) that special consideration in filling trarisitiOna _= bli°
service jobs will be given to unemployed persons who se -,rcd is the--
he
forces in Indo -China or Korea on or after August 5, 1951, in accordant_
with criteria established by the Secretary (and who have received c _
than dishonorable discharges), and a description of the s72ci_ic s -
to be undertaken during such fiscal year to provide such s��c i
with ape and of the de of jobs to be pads available to such rant.
with special emphasis on the development of jobs which 'will uZili -_, t
the =ay; uz extent feasible, the s_kil.-Is which such veterans accuire-S
connection with their milita -y training and service, and (2) that it
shall (i) make special efforts to acquaint such veterans with the rro-
gram and the public service jobs available to veterans under tae yet,
and (ii) coordinate efforts in behalf . of such veterans wit'- those activ-
ities authorized by Chapter 11 of Title 38, United States Code (relating
to Job Counseling and Employment Services for Veterans) , or carried out
by other public or private organizations or agencies;
5. assure that, to the extent feasible, public service jobs shall be Lro-
vided in occupational fields which are most likely to erpan: withi- the
public or private sector as the uneanloyment rate recedes;
6. assure that special consideration in filling transitional public se -:ice
jobs will be given to unemployed persons who are the mast severely
advantaged in terms of the len�h of time they have been =
their prospects for finding employment without assistance under t
title, but such special consideration shall not authorize the ^irin� o=
any person when any other person is on lay -off from. the same or a_ny s¢b
stantially equivalent job;
7• assure that no funds received under Title II of the Act zL be used t
hire any person to fill a job opening created by the action of an
ployer in laying off or terminating the employment of any other -
employee not supported under Title II of the Act in a- iticipatinn o
filling the vacancy so created by hiring an employee to be su_corte
under Title II;
re due c�,.. ,,_�c ..
rc._� : u_
^ ..•
r_s» per t.aininr prof;' fo. wiw �ployrcr.t a,:c -t :.
no: . L,:- .therwise imaediat•_lyJr ailaUlc;
P. L
ssre that periodic review procedures establishe su
d pur.z:;t
207 (a) of the Act will be complied with;
su e that agencies and institutions to whom financiali�
�._.�e available under this title have undertaken or will wooer:" _.,
slyses of job descriptions and reevaluations and, where shot.
syi-;, revisions of llualification requirement- at all levels cf
=it, including civil service requirements and practices relating
thereto, in accordance with regulations prescribed by the Secretary,
with a view toward removing artificial barriers to public employment of
those whoa it is the purpose of Title II to assist;
11, assure that, where appropriate, it will maintain or provide linka;,s
--it' upgrading and other manpower program:, for the purpose of (1) _ro-
vid_irrg those persons employed in public service jobs under Title II of
.the Act who want to pursue work with the employer, in the same or -i_i-
lar work, with opportunities to do so and to find permanent, uovarcii;;
mobile careers in that field, and (2) providing those persons so a --
pioyed who do not wish to pursue per_•snent careers in e:uch field, end
(3) providing those persons so employed who do not wish to pursue aciM-
anent careers in such field, tirith opportunities to seek, pr_p,re :
and obtain work in other fields; or,
�2_ assure that all persons employed under any such program, other than
necessary technical, supervisory, and administrative personnel, will be
selected from among unemployed and underemployed persons;
13 assure that the program will, to the maximum extent feasible, contric_tc
to the elimination of artificial barriers to employment and occup,tional
advancement, including civil service requirements which restrict c --ploy-
rent opportunities for the disadvantaged;
e._sure that not more than one -third of the participants in the pro-r-
will be employed in a bona fide professional capacity (as such tee is
used in Section 13(a)(1) of the Fair. Labor Standards Act of 1933), e :;-
cept that this paragraph shall not be applicable in the case o=
parts employed as classroom teachers, and the Se cretary n ay waive in exceptional circumstances; s
-
1�. provide a description of the manpower needs of local governL--erts and of
local educational agencies within the area to be served together w=tir
the convents of such governments and agencies where appropriate, _
rune that ,Jobs will be allocated equitably to such governments J
a3ancie- taking into account the number of unemployed within their'juri;-
dictions and the needs of the agencies-
.;It i C; I -.;U[Ij
,J�-o will be 1-ill,-,:l jr!
citel"o r-I Until
rnnllioli in CRCII jol
qna collective bargaining aZrccr-,Cnts have Sec
n
assure that Jobs funded under Title II of the Act are in
th----c that would be funded by the sponsor in t h c ab s c nc c of
under this Act; and
18. co=ply with such other assurances, arr an , ---ts, and cc nel
sistent .:ith the provisions of Title 11 - it4o:-,
deers necessary, in accordance with such regLlaticns
eer of the Act as th� S
scribe; as he s�zLjj Z -2-
19. assure that any Title I
the rules and regulation; promulgated rlurs4�.nt :11
shall comply u or II activities supported by Title 17 f�jr�S
Title I and IIIa of the Act except that all participants - sojeZ71:,.4
meet the eligibility and residency requirements as specified in te-
Title I! regulations.
20. The A-plicant assures and certifies the Co=prehensive Manp�owe-- "I-n
in Title !I, as amended, is made a part of the Grant Agreemen', by
reference.
D. Special Certification for State Applicants
In the case of State applicants seeking-assistance under the Act
cant further assures and certifies that it will Comply with the rcqu;-c=_-
and provisions of Section lOG and Section 107 of the Act.
The applicant also certifies that the information in this application is
correct to the best of its knowledge and belief and the filing of this
Plication has been fully authorized.
rp= 79 rgan-+���5 5
Leg Name Applicant
Address
urL Corpus Christ:i, Texas 78404
. or Authorized
(Signature
TAMV R
23, 1974
TYped Name Z.: e of Authorized OfFl�'-:—L-I) IDI—ate of A-pplicatior:)
I•
CLAUSES
TABLE OF CONTENTS
I. CHANGES ................... ...........................Pace 1
2. NONDISCRIMINATION .................................... Page 2
3. CHILD LABOR .......................................... Page 2
4. EQUAL OPPORTUNITY CLAUSE............ .... Page 3
5• TRAINEE OR ENROLLEE WAGES . ...........................Page L
6. TERMINATION OF TRAINEES OR ENROLLEES .................Page 4
7. TERMINATION,,.,
3. TERMINATION FOR CONVENIENCE...........
................ Pag, 10
9- CONSTRUCTION AND BUILDING REHABILITATION .............Page 12
10. LISTING
OF EMPLOYMENT OPENINGS .......................Page 13
11. DEVIATIONS ........................................... Page 25
12. DISPUTES .................. ...........................Page 16
13. SUBCONTRACTING ................................. ...... Page 16
14. COURT ACTIONS ............. ...........................Page 16
15. ORDER OF PRECEDENCE .................................. Page 17
'o
SPECIAL CLAUSES
_ C!1.41G!?;
10
a. The Prime Sponsor's Contracting Officer may, at any time,
without notice to the sureties, by written order designated or indicated
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 specifications; (2) in the method or manner of performance
of the work; (3) in the Government - furnished facilities; k
or facilities; ( 4) method of
shipment or Packing; (5) place of delivery.
b. Any other written order or an oral order (which terms as used
in this paragraph (b) shall include direction, instruction, interpretation,
or determination) from the Prime Sponsor's 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 /Subgrantee gives
the Prime Sponsor's Contracting Officer written notice stating the date,
circumstances, and the source of the order and that the Contractor /Subgrantee
regards the order as a change order.
C. Except as herein provided, no order, statement, or conduct of the
Prime Sponsor's Contracting Officer shall be treated as a change under this
clause or entitle the Contractor /Subgrantee to an equitable adjustment
hereunder.
d. If any change under this clause causes an increase or decrease in
the Contractor's /Subgrantee's cost of, or the time required for, the per -
for ance of any part of the work under this contract, whether or not changed
by any such order, an equitable adjustment shall 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 dyes before the Contractor /Subgrantee gives written notice as therein
required, And provided further, That in the case of defective specificaticns
for which the Prime Sponsor is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor/ Subgrantee
in attempting to comply with such defective specifications.
e. If the Contractor /Subgrantee - intends to assert a claim for an ecuits'o'L-
adjustment under this clause, he must, within 30 days after receipt of a
ch:Lnge order under (a) above or the furnishing of a written notice under (b)
above, submit to the Prime Sponsor's Contracting Officer a written stazc - °n;.
setting forth the general nature and monetary extent of such clain, unle
this period is extended by the Prime Sponsor. The statement of clai. h r_r_r.ier
may be included in the notice under (b) above. Where the cost of proper-_,-
made obsolete or excess as the result of a change is included in the
Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's
Officer shall have the right to prescribe the manner of disposition of u
property.
Page 1 of 17 Farr =:
f. No claim by the Con tractor /SubgranLee for an equitable adjustment
hcr--u:ider shall be allowed if asserted after final payment under this:
contract /subgrant.
g. Failure to agree on the terms of any equitable adjustment shall be
a dispute concerning a question of fact within the meanin.- of the clause of
this contract entitled "Disputes."
h. Nothing in this clause shall excuse the Contractor /Subgrantee
from proceeding with the contract /subgrant as changed by the Prime
Sponsor's Contracting 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 Prime Sponsor's Contracting Officer of the
written notice required of the Contractor /Subgrantee in (b) above, re-
sulting from an oral order by the Prime Sponsor's Contracting officer.
2. NONDISCRIMINATION
It is the policy of the Executive Branch of the Government that (a)
contractors and subcontractors engaged in the performance of Federal
contracts shall not, in connection with the employment, advancement, or
discharge of employees, or in connection with the terms, conditions, or
privileges of their employment, discriminate against persons because of
their age except upon the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement, and (b) that contractors and
subcontractors, or persons acting on their behalf, shall not specify, in
solicitations or advertisements for employees to work on Government con-
tracts, a maximum age limit for such employment unless the specified maxi-
mum age limit is based upon a bona fide occupational qualification,
retirement plan, or statutory requirement.
3• CHILD LABOR.
No trainee or enrollee under 18 years of age will be employed 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 enrollees under 17 years of age will be employed only in accordance
with the limitations imposed by 29 CFR Part 1500, Subpart C.
•
•
_
0D '.)"`1'(;[--,"Y CIALY�
Duri':;, the perforzn;ulce of this contract, the contractor a{;rccs a; fc), I
il) The cont- .act,- will not discriminate a,,ainot �sy rTpioice or ._n .-,--
cant for employmeut because of race, color, r•_li;;isn, ox, o,
national origin. The contractor will take arfi ^ative acti.=: to
ensure that applicants are employed, and thai employees arc ;teat_
during employment, without regard to their race, color, rol- girth,
ses, or national origin. Such action shall is ^_ludo, but not be
limited to the following: Er�loyment, up3rzd.rb, demotion, or
transfer, recruitment or recruitment advertis_ng; layoff or ter -;ina-
tion; rates of ray or other forms of compensation; and selectio. fcr
training, including apprenticeship. The contractor agrees to post g
conspicuous places, available to employees and applicants for r_�lo;_
:rent, notices to be provided by the contracting officer set ;irg :c_ -::
the provisions of this nondiscrimination clause.
(2) tae contractor will, 'r-all solicitations or advertisem•:nts for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for emplo;taen±
without re6ard to race, color, .religion, sex, or national or' &ia.
(3) The contractor %ell send to each labor u-1ion o_• representative of
workers with which he has a collective bargaiLins aSrecmert a_
contract or understanding
eonta•actin3 officer, a notice to be prcvidr_d ; the �� V
advising the labor union or workers' r ,re=..;_a-
tive of the contractor's coaWitments under Section 202 of Exec,lt;;e
Order 112L6 of September. 24, 1965, and shall Ycst copies of the
notice in °conspicuous places available to employees and applic`-i;.s
for employment.
The contractor will comply with all of the mvisiors of Executive Order 11216
of September 21; "!6c and regulations, 2nd relevar_t
orders of the Secretary of Labor.
(5) The contractor s:"1 fUrnish all Executive Ordc_ ii�a6 of g =nfcrrat_o: E.--_d reports resuiz7ad
eptember 2•+ 1965, • =d by t
ticns, and or:iers e Secretary _ h_ rtle�, r_=_
-- =h- retarf o`�_sbor, - puru?zt t }:e
will rcrmit es to his "-
aget:cr boos records and ^accounts by .c
-. - r for purreses o:
ascertain car
ice vi.th -such , -`
rules, re - lations, and orders.
�6) ir. t;s• ever: Cf the contractor's nonconni? ! e with Cite nondisct_-_
tiara clauses o° this contract or with any cf :'sch rules, regu?af °_ ._
or orders, this contract may be canceled, terminated or susperde:;
whole or ir_ part and the contractor may be declared ineligible
further Goverment contracts in a =cordance with procedures aut oriz -1.
1l� t= .� ^cut;ve
Corder 11246
oC September 2)i, 196 >, and
s urctio¢is aar be imposed and remedies invo'rc•1 as
Executive Order 112h6 of September 24, 1965, or br•rUle, i•:
or order of the Secretary of Labor, or as s tee' City i n,
other•.:ise provided by _�..
(7) The contractor will include th -. pru�,-; ns of n_, ngraah� (1)
(7) in every subcontract or purchase urder unless excnnted by �u1
rcrUlations, or orders of the Secretary of Labor is:uca r.ur_:urcrt to
section 210h Of Executive Order 112%6 of .icntcmber 21i, 1965, so
such provisions will be bind": upon each subcor•tractor 0-
The cantrac':or will take such action with respect to ��y sub an Tact
or purchase order as the contracting agency may direct as a c3n,, o:
enforcing such provisions including sazictions for nonco.-:plian'
Provided, however, That in the event the contractor becomes invoiv d
in, or is threatened with, litigation with a subcontractor or verdor
es a result of such direction by the contracting agency, the con-
tractor may request the United States to enter into such liti�etien
to protect the interests of the united States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the
following, whichever is higher:
I. The minimum rate required under the Fair Labor Standards Act including
QnY special rate provided by specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees or trainees, or
2. Any minimum rate applicable to the enrollee or trainee as required
under Federal, State,
Number 1 above. or local laws if it is higher than that stated in Item
C TER- MIINATIOlP OF TRAINEES OR ENROLLEES
Trainees or enrollees will not be terminated without prior notice to the
trainee or enrollee and reasonable Opp
�'rforrance and consultati ortunity for corrections or improvement
�.` on with the Contracting
s b
trainees or enrollees wi cility for substandard or unsatisfactory progress or conduct. Terminatio Officer by the traininn
ll be governed by disciplinary and grievan ce �ror
= edures approved by the Contracting Officer or his duly authorized represente-
�'re: Provided, That in training facilities operating under a collective
:. rgaining agreement, disciplinary and grievance procedures provided in such
zn :rreement and applicable to trainees or enrollees covered Provided
this contract,
sl^_11 govern.
i. TERMINATION
a. The performance of work under the contract / subgrant may b=
terminated by the Prime Sponsor in accordance with this clause is
:hole, or from time to time in part:
(1) Whenever the Contractor /Subgrantee shall default in per-
formance of this contract / subgrant in accordance with its terms (including
in the term "default" any such failure by the Contractor /Subgrantee to make
Progress in the prosecution of the work hereunder as endangers such perform-
ance) and shall fail to .cure such default within a period of ten days (or
such longer period as the Prime Sponsor's Contracting Officer may allow)
after receipt from the Prime Sponsor's Contracting Officer of a notice
Specifying the default; or
(2) Whenever for any reason the Prime Sponsor's Contracting
Officer shall determine that such termination is in the best interest of
the Prime Sponsor.
Any such termination shall be effected by delivery to the Contractor/
Subgrantee of a Notice of Termination specifying whether termination is
for the default of the Coat ractor /Subgrantee or for the convenience of
the Prime Sponsor, the extent to which performance of work under the contract/
. subgrant is terminated, and the date upon which such termination beco.es
effective. If, after notice of termination of this contract / subgrant for
default, under (1) above, it is determined for any reason that the
Contractor /Subgrantee was not in default pursuant to (1) , or that the
Contractor's /Subgrantee's failure to perform or to make progress in per-
formance is due to causes beyond the control and without the fault or
negligence of the Contractor /Subgrantee pursuant to the provisions of
the clause of this contract / subgrant relating to excusable 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 Prime Sponsor's Contracting Officer, the Contractor /Sub-
grantee shall:
(1) Stop work under the contract /subgrant on the date and to
extent specified in the Notice of Termination;
(2) Place no further orders or subcontracts for materials,
services, or facilities, except as may be necessary for completion of sL_
portion of the work under the contract / subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent thn6
they relate to the performance of work terminated by the Notice of Termina-
.ti on ;
(4) Assign to the Prime Sponsor in the manner and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title
and interest of the Contractor /Subgrantee under the orders or subcontracts
so terminated in which case the Prime Sponsor shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termina-
tion of such orders and subcontracts;
(5) With the approval or ratification of the Prime Sponsor's
Contracting Officer., to the extent he may require, which approval 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 reim-
bursable in whole or in part, in accordance with the provisions of this
contract /subgrant.
(6) Transfer title to the Prime Sponsor (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 Prime Sponsor's Contracting
Officer, (i) the fabricated or unfabricated parts, work in process,
completed work, supplies, and other material produced as a part of, or
acquired in respect of the performance of, the work terminated by the
Notice of Termination; (ii) the completed or partially completed plans,
drawings, information, and other property which, if the contract /subo ant
had been completed, would be required to be furnished to the Prime Sponsor,
and (iii) the Jigs, dies, and fixtures, and other special tools and tooling
acquired, or manufactured for the performance of this contract /subgrant for
the cost of which the Contractor/ Subgrante e has been or will be reimbursed
under this contract /subgrant.
(7) Use his best efforts to sell, in the manner, at the tines, to
the extent and at the price or prices directed or authorized by the Prime
Sponsor's Contracting Officer, any property of the types referred to in
(6) above: Provided, however, That the Contractor /Subgrantee (i) shad 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 Prime Sponsor's 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 Prime Sponsor to the Con-
tractor /Subgrantee under this contract /subgrant or shall otherwise be
credited to the price or cost of the work covered by this contract / subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may
direct;
Fr.�
s
(8) Complete performance of such part of the work ac shall nom
have been terminated by the Notice of Termination; and
(9) Take such action as may be necessary, or as the Prime
Sponsor's Contracting Officer may direct, for the protection and preserva-
tion of the property related to this contract /subgrant which is in the
Possession of the Contractor /Subgrantee and in which the Prime Sponsor has
or nay acquire an interest.
The Contractor /Subgrantee shall proceed immediately with the performance
of the above obligations notwithstanding any delay in determining or adjusting
the am aunt 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 Regulations (41 CFR 1 -8.1), as
the definition may be amended from time to time, the Contractor /Subgrantee
may submit to the Prime Sponsor's Contracting 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 Prime Sponsor's Contracting Officer, and
may request the Prime Sponsor to remove such items or enter into a storage
agreement covering them. Not later than fifteen (15) days thereafter, the
Prime Sponsor will accept such items and remove them or enter into a storage
agreement covering the same_ Provided, That the list submitted shall be
subject to verification by the Prime Sponsor's Contracting Officer upon
removal of the items or, if the items are stored, within forty -five (45)
days from the date of submission of the list, and any necessary adjustment
to correct the list as submitted shall be made prior to final settlement.
c. After receipt of a Notice of Termination, the Contractor /Sub-
grantee shall submit to the Prime Sponsor's Contracting Officer his termina-
tion claim in the form and with the certification prescribed by the Prime
Sponsor's 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 Prime Sponsor's
Contracting Officer upon request of the Contractor /Subgrantee made in
writing within such one-year period or authorized extension thereof.
However, if the Prime Sponsor's 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 of any extension thereof.
Upon failure of the Contractor/ Subgrantee to submit his termination claim
within the time allowed, the Prime Sponsor's Contracting Officer may, subjcc;
to any review required by the contracting agency's procedures in effect as of
date of execution of this contract /subgrant, determine, on the basis of
information available to him, the amount, if any, due to the Contractor/
Subgrantee by reason for the termination and shall thereupon pay to the
Contractor /Subgrantee the amount so determined.
M
d. S uY,Ject to the provisions of paragraph (c) , ar.d EU1J ,jcct L , un ,
rrriew required by the contracting agency's procediu e� in effect us of Lrrt
date of execution of this contract /subgrant, the Coll tractor /,^.uYLgrantc•.
the Prime Sponsor's Contracting Officer may agree upon the whole or
part of the amount or amounts to be paid (including an allowance for the
fee) to the Contractor /Subgrantee by reason of the total or partial termina-
tion of work pursuant to this clause. The contract /subgrant shall be
az:;cnded accordingly, and the Contractor /Subgrantee shall be +aid the agreed
amount.
e. In the event of the failure of the Contractor /Subgrantee and the
Prime Sponsor's Contracting Officer to agree in whole or in part, as pro-
vided 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 /Subgrantee
in connection with the termination of work pursuant to this clause, the
Prime Sponsor's Contracting officer shall, subject to any review required
by the contracting agency's procedures in effect as of the date of execu-
tion of this contract /subgrant, determine, on the basis of information
available to him, the amount, if any, due to the Contractor /Subgrantee
by reason of the termination and shall pay to the Contractor /Subgrantee
the amount determined as follows:
(1) If the settlement includes cost and fee --
(i) There shall be included therein all costs and expenses
reimbursable in accordance with this contract /subgrant not preiously paid
to the Contractor /Subgrantee for the performance of this cont vract /subgrant
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 approval of
or as directed by the Prime Sponsor's Contracting Officer: Provided,
however, That the Contractor /Subgrantee shall proceed as rapidly as practi-
cable to discontinue such costs;
(ii) There shall be included therein so far as not included
under (i) above, the cost of settling and.paying claims arising out of the
termination of work under subcontracts or orders, as provided in paragraph
(b)(5) above, which are properly chargeable to the terminated portion of
the contract /subgrant;
I
There shall be included in the reasonable costs of
settlement, including accounting, legal, clerical, and other expenses
reasonably necessary for the preparation of settlement claims and supporting
data with respect to the terminated portion of the contract /subgrant and for
the termination and settlement of subcontracts thereunder, together with
reasonable storage, transportation, and other costs incurred in connection
with the protection or disposition of termination inventory: provided,
however, That if the termination is for default of the Contract or/Subgran tee
there shall not be included any amounts for the preparation of the Contractor's
Subgrantee's settlement proposal; and /
(iv) There shall be included therein a portion of the fee
Payable under the contract /subgrant determined as follows•
0 16
(A) In the event of the termination of this cont.r.cL/
subgrant for the convenience of the Prime Sponsor and not for the def,.,_11L
of the Contractor /Subgrantee, there shall be paid a percenta[;c of tih
equivalent to the percentage of the completion of work contemplated !,y tic
contract /subgrant, less fee payments previously made hereunder; or
(B) In the event of the termination of this contract/
subgrant for the default of the Contractor /Subgrantee, the total fee payable
shall be such proportionate part of the fee (or, if this contract /subgrant
calls for articles of different types, of such part of the fee as is
reasonably allocable to the type of article under consideration) as the
total number, of articles delivered to and accepted by the Prime Sponsor
bears to the total number of articles of a like kind called for by this
contract /subgrant.
If the amount determined under this subparagraph (1) is less than the total
payment, theretofore made to the Contractor /Subgrantee, the Contractor/
Subgrantee shall repay to,the Prime Sponsor the excess amount.
(2) If the settlement includes only the fee, the amount thereof
will be determined in accordance with subparagraph (1)(iv), above.
(f) The Contractor /Subgrantee shall have the right of appeal, under
the clause of this contract /subgrant entitled "Disputes," from any deter-
mination made by the Prime Sponsor's Contracting Officer under paragraph (c)
or (e) above, except that, if the Contractor /Subgrantee 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 Prime Sponsor's Contracting Officer has made a deter-
mination of the amount due under paragraph (c) or (e) above, the Prime
Sponsor shall pay to the Contractor /Subgrantee 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 Prime Sponsor's 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 /Subgrantee under this
clause there shall be deducted (1) all unliquidated advance or other aa;
theretofore made to the Contractor /Subgrantee, applicable to the terminate
portion of this contract /subgrant, (2) any claim which the Prime Sponsor r, :!--
have against the Contractor /Subgrantee in connection with this contract/sub-
grant, and (3) the agreed price for, or the proceeds of sale of, an :Hate- iaj..'
supplies, or other things acquired by the Contractor /Subgrantee or sold F%-
suant to the provisions of this clause and not otherwise recivered by or
credited to the Prime Sponsor.
(h) In the event of a partial termination, the portion of the feo xiiic:.
is payable with respect to the work under the continued portion of the
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con t.:;ici. /subgrutt shall be egaitab]y adjusted by agreement bcL�rccn tlr.
con tractor /SublranLee tmd the Prime Sponsor'r ConLracti -r.g Officer,
rush adjustment shall be evidenced by an amendment to this conLract/:;ub-
C,ranL.
(i) The Prime Sponsor may from time to time, under such term:: raid
conditions as it may prescribe, make partial payments and payments on
account against costs incurred by the Contractor /Subgrantee in connection
wiLh the terminated portion of the contract /subgrant whenever in the
opinion of the Prime Sponsor's ContracLing Offi.cer the a&Sregatc of such
paymcnts shall be within the amount to which the Contractor / Subgrantee will
be entitled hereunder. If 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 /Subgrantee to the Prime Sponsor 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 /Sub-
grantee to the date on which such excess is repaid to the Prime Sponsor:
Provided, however, That no interest shall be charged with respect to any such
excess payment attributable to a reduction in the Contractor's /Subgrantee's
claim by reason of retention or other disposition of termination inventory
until ten days after the date of such retention or disposition, or such
later date as determined by the Prime Sponsor's Contracting Officer by
mason of the circumstances.
(j) The provisions of this clause relating to the fee shall be in-
applicable if this contract /subgrant does not provide for payment of a fee.
8. Ti31UTNATION FOR CONVENIENCE
The provisions set forth in this clause 9b shall govern in lieu of
clause 9a should this contract /subgrant be for experimental developmental
or research work and the Contract or /Subg rant ee is an educational institution
or other nonprofit institution on a no -fee or no- profit basis.
(a) The performance of work under this contract /subgrant may be
terminated, in whole or from time to time in part by the Prime Sponsor
whenever for any reason the Prime Sponsor's Contracting Officer shall deter-
mine that such termination is in the best interest of the Prime Sponsor.
Termination of work hereunder shall be effected by delivery to the Contractor/
SubErantee of a Notice of Termination specifying the extent to which per-
formance of work under the contract /s ubg rant is terminated and the date
upon which such termination becomes effective.
(b) After receipt of the Notice of Termination the Contractor /Subgrantee
shall cancel his outstanding commitments hereunder covering the procurement of
materials, supplies, equipment, and miscellaneous items. In addition, the
Contractor /Subgrantee shall exercise all reasonable diligence to accomplish
10
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t,iie c:uiceliaLion or diver :ion of his outstanding comiitment:3 eo r -ri na. : _ , ,.. .
services and extending beyond the date of such termination to tLc ezt, :r,L
thev relate to the performance of any work terminated by the notice. lei
to such canceled commitments the Contractor /Subgrantee a recs to
(1) settle all outstanding liabilities and all claims arisins out o: such
cancellation of commitments, with the approval or ratification of the Prir_e
Sponsor's Contracting Officer, to the extent he may require, which npproval
or ratification shall be final for all purposes of this clause, and (2)
assign to the Prime Sponsor, in the manner at the time, and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title,
and interest of the Contractor /Subgrantee under the orders and subcontracts
so terminated, in which case the Prime Sponsor shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination
of such orders and subcontracts.
(c) The Contractor /Subgrantee shall submit his termination claim to the
Prime Sponsor's Contracting Officer promptly after receipt of a Notice of
Termination, but in no event later than one year from the effective date
thereof, unless one or more extensions in writing are granted by the Prime
Sponsor's Contracting Officer upon written request of the Contractor /Sub-
gr:vitce within such one -year period or authorized extension thereof. Upon
failure of the Contractor /Subgrantee to submit his termination claim within
the time allowed, the Prime'Sponsor's 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 /subgrant, determine, on the basis
of information available to him, the amount, if any, due to the Contractor/
Subgrantee by reason of the termination and shall thereupon pay to the
Contractor /Subgrantee 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 PAY -
VXNT Clause of this contract /subgrant.
(e) Subject to the provisions of paragraph (c) above, and subject to
any review required by the Prime Sponsor's contracting agency's proccdurr;
in effect as of the date of execution of this contract / subgrant the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree
upon the whole or any part of the amount of amounts to be paid to the
Contractor /Subgrantee by reason of the termination under this clause, khici:
amount or amounts may include any reasonable cancellation charges thereb;;
incurred by the Contractor /Subgrantee and any reasonable loss upon out-
standing commitments for personal services which he is unable to cancel:
Provided, however, That in connection with any outstanding commitments for
Personal services which the Contract or/Subgrant ee is unable to cancel, the
Contractor /Subgrantee 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 /subgrant and the Con-
tractor /Subgrantee shall be paid the agreed amount.
11
•
( f) The Prime Sponsor may from time to time, under such tens,-: aau
conditions -is it may prescribe, mnke partial payments against cost_: inc,rr ^�u
by '.h, Contractor /Subgrantee in connection with the terminated portion o
this, contract /subgrant whenever, in the opinion of the Prime Sponsor's
Contracting Officer, the aggregate of such payments is within the amount to
which the Contractor /Subgrantee will be entitled hereunder. If the total
of such payments is in excess of the amount finally agreed or deter -fined to
be due under this clause, such excess shall be payable by the Contractor/
SubGrantee to the Prime Sponsor upon demand: Provided, That if such excess
in not so paid upon demand, interest thereon shall be payable by the
Co °tractor /Subr,rantec to the Prime Sponsor at the rate of 6 percent per
annuza, beginning 30 days from the date of such demand.
(g) The Contractor /Subgrantee agrees to transfer title to the Prime
Sponsor and deliver in the manner, at the times, and to the extent, if any,
directed by the Prime Sponsor's Contracting Officer, such information and
items which, if the contract /subgrant had been completed, would have been
required to be furnished to the Prime Sponsor, including:
(1) Completed or partially completed plans, drawings, 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 /subgrant may, with the written approval of the Prime Sponsor's
Contracting Officer, be sold or acquired by the Contractor /Subgrantee under
the conditions prescribed by and at a price.or prices approved by the Prime
Sponsor's Contracting Officer. The proceeds of any such disposition shall
be applied in reduction of any payments to be made by the Prime Sponsor to
to the Contractor /Subgrantee under this contract /subgrant or shall otherwise
be credited to the price or cost of work covered by this contract /subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may
direct. Pending final disposition of property arising from the termination,
the Contractor /Subgrantee agrees to take such action as may be necessary, or
as the Prime Sponsor's Contracting Officer may direct, for the protection and
preservation of the property related to this contract /subgrant which is in
the possession of the Contractor /Subgrantee and in which the Prime Sponsor
has or may acquire an interest.
9• CONSTRUCTION AND BUILDING REHABILITATION
The subcontractor shall not expend Federal fluids for construction and
building rehabilitation without prior approval of the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Lab ---
and the Prime Sponsor shall be administered under the guidelines of A -102
and parts of Paragraph IV, applicable to construction procurement.
12
iC,. 1' 7i� 0r' l ?dSl`f,OYh^•'NT OY'3-:ilfl"
(This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for
$2,500 or more.)
(a) The Contractor agrees, in order to provide special emphasis to tM
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable c7mlcyment openings of the contractor -which exist at t`.:e t--=
of the execution e. this contract and those which occur during the . fc:- nc_
of this contract, including those not generated by this contract and
those occurring at an establishment other than the one wherein the contrac:: `-
being performed but excluding those of independently operated corporate affil -
ates, shall be offered for listing at an appropriate lccal office of t_e Z_aze
employment service system wherein the opening occurs aid to provide s%ich. rev --_s
to such local office regarding employment openings and hires as may be recuire_:
Provided, That if this contract is for less than $10,000 or if it is ith a
State c. =acs, goveranent the reports set fcrth in paragraYhs (c) and (d;
not required.
(b) Listing of employment openings with the employment service s-rstc-a _ -
suant to this clause shall be made at least concurrently with the use of a^.--.
other recruitment service or effort and shall involve the normal obligations
which attach to the placing, of a bona fide job order, includinc the azcer._a.c_
of referrals of veterans and nonveterans. This listirh of e=lc.me ^.t s__crir._=
does not require the hiring of any particular job applicant or from any t _ .,_'-ar
Group of job applicants, and nothing herein is intended to relieve the
from any requirements in any statutes, Executive orders, or regulations repay =`_.g
nondiscrimination in employment. '
(c) The reports required by paragraph (a) of this clause shall include,
not be limited to, periodic reports which shall be filed at least guar er :
the appropriate local office or, where the Contractor has more than cne es si_i -
ment in a State, with the central office of the State employment sert-ioe. Z _..
reports shall indicate for each establishment (i) the number of indi• :iiu; _
-ere hirc1 .grin& the rev- `irg perio,i, (ii; the number of `hose „ disabled ve-cerais, and (iii) the number of those hired who :;ere nondise`1J_=
veterans of the Vietnam era. The cc.tractcr shall suhrit a resort - ?; -
after the end of each reporting period wherein any per,or—ance is ___e
contract. T e Contractor shall =ai -..,in cc-'_es of __._ re;:c_•t- ,wt__t.._ _.- -- -
expiration of I year after final pay .ent under the cc=ract, durirg
th ^y shad be male available, upon request , f.)- P
r _m=dra_tion by :f _ . t,. --
of the Cortracting Officer of of the Secretary ofLabar^
(d) Whenever the Contractor becomes contractually bound by the =_ct_ -
provisiors of this clause, he shall advise the employment service - :•_sten _.
State wherein he has establishments of the name and location of each such cat=_ -
lichment in the State. As long as the contractor is contractually bon =_
these provisions and has so advised the State employment system, there i-- .._
13
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to advise the State system of subsequent contracts. The Contractor :wty
the State system when it is no longer bound by this contract clause.
(c) This cic=3e doss not apply to the listing of employment orenin s
which occur and are filed outside of the 50 States, the District of Cclumtia,
the Ccrmonwealth of Puerto Rico, Guam, and the Virgin Islands.
(f) This clause does not apply to openings which the Contractor proroses
to fill from within his own organization or to fill pursuant to a customary -,d
traditional employer -union hiring arrangement. This exclusion do °s not apply
to a particular opening once an employer decides to con3ider applicants outside
of his oum organization or employer -union arrangement for that opening.
(g) As used in this clause;
(1) "All suitable employment openings" includes, but is not lir_tea to,
openin,s which occur in the follocing fob categories: Production and norprca�l_t_ -.n:
plant :rd office; laborers and mechanics; supervisory and nonsupervisort; tecrni:ai;
and executive, administrative, and professional openings which are compensated c.
a salary basis of less than $18,000 per year. The term includes full -time e::plcy-
ment, temporar y exployner_t Of more than 3 days' duraticn, and part -time
It does not include openings which -the Contractor proposes to fill from within
own organization or to fill pursuant to a customary and traditional employer —uniz)=
hiring arrangement.
(2) "Appropriate office of the State employment service systea" scans
the local office of the Federal -State national system of public employment offices
with assigned responsibility for serving the area of the establishment where the
employment opening is to be filled, including the District of Columbia, the Cc _c::-
aealth of Puerto Rico, Guam, and the Virgin Islands.
(3) 'Openings which the Contractor proposes to fill from within his own
organization" means employment openings for which no consideration will be Given
to persons outside the Contractor's own organization (including any affiliates,
subsidiaries, .d parent companies), and includes any openings which the ccntrac..c_
proposes t., fili from regularly established "recall" cr "rehire" lists.
(b) 'Openings which the Contractor proposes * * * to fill pursuant
to a custo_iar-j and tra- tional employer-union hiri:y Brra.grement" mea-is e-pi:_�ent
openings z__ ._._ch no consideration will be given to _ersons outside cf a
airinc.. arrangement, including openings which the Contractor proposes to fill :__-
un_c_: ::2_112 whic:_ is part of the customary and traditional hirir_g relationship
which exists between the Contractor end representatives of his employees.
(5) "Disabled veteran" means a person entitled to disability com-pensa: ion
under laws administered by the Veterans Administration for a disability rated at
30 percentum or more, or a person whose discharge or release from active duty was
for a disability incurred or aggravated in line of duty.
lh
0"
(6) °Veter.•n of th•- Vietnri, r. " m_;ln a _ "
on acti,:c duty with the Armed Forcen inr a nerind c, circ
part of which occurr d after Aug--ist 5, 1964 and was r• irr
thercfrom with other than a dishonorable dischar,;e, or (ii ) _L :; di ncr. rccJ
or relta ^rd from netive duty for. service- connecLtd fLitatility if an;/
such duty was performed after Aw ust 5, 1964, and (D) who was so disc:_::; ^ci
or released within the 46 months precedinL his apolication for employ_ent co- :c - - =c
by this clause.
(h) If any di abl-:d veteran or veteran of the Vietnam era believes tha:
Contractor (or an,: first -tier subcontractor) has failed or refuses to cooly
the provisions of this contract clause relating to giving special cmphasis
er..ploymcnt to veterans, such veteran may file a complaint with the vetcraris'`
er-,ployaer.t representative at a local State employment service office who
attempt to informally resolve the complaint and then refer the complaint
report on the attempt to resolve the matter to the State office of the Veter =-s'
Employment Service of the Department of Labor. Such complaint shall then be
promptly referred through the Assistant Regional Director for Ianpower to the
Secretary cf Labor who shall- investigate such complaint and shall to -e sue
action thereon as the facts and circumstances warrant consistent with the to
of this contract and the laws and regulations applicable thereto.
W The Contractor agrees to place this clause (excluding this pararsru?`
in any subcontract directly under this contract.
11. DEVIATIONS
Under the most compelling circumstances such as situations where the needs of
the Government cannot reasonably be otherwise supplied, where listing of
employment openings would be contrary to national security, or where the re-
quirement of listing would otherwise not be in the best interests of the
Government, a deviation from this subpart may be made, subject to the approval
of the Secretary of Labor. Requests for any such deviations shall be addressed
to the Assistant Regional Director for Manpower, U.S. Department of Labor,
Federal Building - U.S. Courthouse, 1100 Commerce Street, 7th Floor, Dallas,
Texas 75202, wherein the contract is to be signed, and shall set forth the
reasons for the request.
15
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12. DTSPUTFS
a. Except as otherwise provided in the contract /subPrant, nny
dispute concerning a question of fact arising under this contract /subgrant
which is not disposed of by agreement shall be decided by the Prime
Sponsor's Contracting Officer, who shall reduce his decision to wl-itinF
a:.d mail or otherwise furnish a copy thereof to the Contractor /Subgrantee.
The decision of the Prime Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy,
the Contractor /Subgrantee mails or otherwise furnishes to the Prime
Sponsor's Contracting Officer, a written appeal addressed to the Prime
Sponsor. The decision of the Prime Sponsor's Contracting Officer 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/ Grantee shall
be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Contractor/
Subgrantee shall proceed diligently with the performance of the contract/
subgrant and in accordance with the Prime Sponsor's Contracting Officer's
decision.
b. This "Disputes" clause does not preclude consideration of law
questions in connection with decisions provided for in paragraph (a)
above: Provided, That nothing in this contract /subgrant shall be construed
as making final the decision of any administrative official, representative,
or board on a question of law.
13• SUBCONTRACTING
The subcontractor shall obtain written consent of the Prime Sponsor prior
to subcontracting any parts of this agreement. The Contracting Officer
may, in his discretion, ratify in writing any such subcontract; such
action shall constitute the consent of the Contracting Officer as required
by this paragraph.
lb. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in
uniting of any actions or suits filed and prompt notices of any claims
made against the Prime Sponsor, the subcontractor, or any of the parties
involved in the implementation and administration of the CETA Program.
16
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1:,. O'i'.)ER OF PRJPC ^:DENCE
In the event there are inconsistencies or conflicts in the grant e_nci /or,
contri.ct, unless otherwise provided, thereon, the inconcsistencies shn11
be resolved by giving precedence in the following order:
1. The Act (Public Law 93 -203, 87 Stat. 839)
2. The regulations as approved by the Secretary of Labor
3. Special Clauses
4. A -102
5. A -87
6. The Comprehensive Manpower Plan as stated in the grant as
applicable to each title.
17
•
PERFORMANCE STANDARDS
A. PURPOSE
•
These standards are intended to provide a common basis for the evaluation of CETA
contractors. They supplement but do not supersede the contract and Federal Rules
of Regulations. Any exceptions must be made by the prime sponsor.
B. ELIGIBILITY
All participants shall meet the 'eligibility criteria as set by the prime sponsor
according to Department of Labor guidelines. Contractors must establish certi-
fication procedures which must fully validate and document the eligibility of
participants.
C. PLACEMENT AND SUCCESSFUL TERMINATIONS
This standars is applicable to contractors performing skill training and work
experience. Placement in permanent full -time jobs is the principal criteria
on which successful performance will be judged. 55 percent placement of
successful terminations from work experience and 75 percent from skill training
is minimum acceptable performance. Successful terminations are defined to
include placement in permanent full -time jobs, enrollment in full -time education,
entry into the armed services and transfer into other manpower programs. 85
percent placement for both skill training and work experience is considered
superior.
D. QUALITY OF PLACEMENT
All placements into full -time jobs shall be at the Federal minimum wage or
more. An average of $2.75 per hour for all placement shall be considered
superior performance.
E. PARTICIPATION
The national and regional standard of participation is 100 percent of authorized
enrollment. Providing funds are available, the contractor shall never have less
than 100 percent enrollment without prior approval of the prime sponsor. All
participants shall be scheduled for participation according to the contract.
The dropout rate shall not exceed 15 percent of average enrollment. A level of
5 percent is considered superior performance. Dropouts are defined as all
terminations other than successful terminations.
F. RECRUITMENT AND SELECTION
The contractor shall conduct an active recruitment program to insure full
coverage of the target population. Participants shall be selected on the basis
of the greatest need.
G. ORIENTATION
Orientation will be provided to each participant during his first week of
enrollment. Such orientation shall include complete program orientation,
time and attendance procedures, rate of pay, hours of participation, duration
of enrollment, rules of conduct, supportive services, written civil rights
and grievance procedures, employability development plan and counseling.
H. ASSESSMENT AND EMPLOYABILITY DEVELOPMENT PLAN (EDP)
A comprehensive assessment of each participant as to educational, skill, and
social functioning level and aptitudes and interests will be made as a part
of the participant record. on the basis of the assessment an EDP will be
developed. The EDP shall include the vocational goal, the requirements needed
for the job, the steps and time needed to achieve the goal objective. The
EDP will be periodically reviewed with participant and adjustment made as
deemed feasible.
I. COUNSELING
Counseling shall be provided as needed with an emphasis on vocational counseling.
The contractor must be knowledgeable of current and future job openings, employ-
ment trends and educational opportunities. Such information will be made available
to participants. Participants will be instructed in job interviews, completing
job applications and preparing resumes.
J. SUPPORTIVE SERVICES
Supportive services will be developed to conform with participant needs,
interests and the EDP.
K. PARTICIPANT FILES
Participant files shall include written documentation of all foregoing require-
ments, including eligibility certification, supportive services, EDP, progress
reports, job development and placement efforts and any other information
pertinent to the participant during enrollment period.
L. JOB DEVELOPMENT AND PLACEMENT
The contractor shall conduct active documented job development and placement
efforts with employers to promote hiring of participants.
M. FOLLOW -UP
The contractor shall provide counseling as needed to participants who have
been successfully terminated. A follow -up of terminations will be made at
the end of one month and six months to determine participants status.
N. LINKAGES
The contractor will actively assist participants to obtain other successful
terminations other than placement in full -time jobs. This will include
assisting them in obtaining information and assistance to go into further
education or training under other programs.
0. EXCEPTION CLAUSE
In determining drop out rates, persons, who leave training projects because
of illness, death, natural disasters or other justifiable causes, shall not
be counted against the drop out rate.
0 1 . 0
CONTRACT NO.
SUPPORTIVE DOCUMENTS
1. BONDING REQUIREMENTS
2. CASH DEPOSITORIES AND ATTACHED SPECIAL BANK ACCOUNT
3. PROPERTY INVENTORY
4. ADVANCED PAYMENTS APPROVAL FORM
5. CERTIFICATION OF ACCOUNTABILITY
6. INSURANCE REQUIREMENTS
7. LEASES
I;-,)Nn!s;; I;::`siiII;I;:;I:i!1%
1, ?;�• C,ntrnctiub Officer has the responsibility and the authority to
„�;�•: -i::c is the subcontractors have adequate fidelity bonds to cover
_:_,•:; tilt fedrrsl funds in case, of misuse by the subcontractor.
If the s;zbcontractor is a unit of local govermment or an instru-
normally, additional bonds would not be required. It is the
Officer's responsibility to review and assure himself that
i�cont:•actor is in conpliance.
3, organizations historically do not have adequate bonding
These should be reviewed very carefully as non- profit orbani-
rations Gave limited sources of funds and if there are audit exceptions
an3 tbo funds are not available, the Prime Sponsor will be. held accountable
and rca,onsible for these losses.
LVL'AC Educational Service Center of Corpus Christi, Texas, which is a part of
the LULAC National Educatinnal Service Centers, Inc., is bonded to operate under
Federal funds.
CEMI'ICGT..
FOR
CA IJ DEPO:,ITORIES
A -102 - ATTACI MENT A - Paragraph 3
The nndersiGned herebi certifies that:
•
"Any rLn<ys advanced to the Ctate or local goverm±_ats which are
dc6cr+niu,d to he "publii- mm "rYs" (owncu by the Feceral Goverment)
rtmst be dcl•o::ite1 in a bare •+ith FDIC insurance cn-:era7c and the
balruicr:: execeling the FDIC cover::;,e must be collcterali accurc,
us pruvidew for in 12 U.S.C. 265•
BANK USE
Lank N unerT F FS TgTTONAL BANK
(Signature)
JULY 3, 1974
(llatr1
_firviN ROBERTS
(Type Lama)
PR ESIDENT
(Title)
GRF&ISE USE
rant e's Name
LULAC $ducat'ional Service ��+��_ *gr —
(Si iature
_ .Tune 21 - 1974
(Date)
TONY BONILL_A
(7ype flame)
Title
•
9't„ Prink :;pun:;or
r.ci+er DENT FOR S VECIAL DANK ACCOU.1':'
0
Im.tnrctiun': L•. : u ?,• n!;1,rq- r,rr
JubrniL Urif•,inal ru'd 2 c,, j•.;
liiF•,n originn1
Conform :;iYnature on co]is
The 1 LULAC Educational Ser"yj cf Centr,r
here.nnfter referred to as the Subcontractor; the unit of local governm=nt
hereinafter called the Prime Sponsor; and N U E. F S N A T T n TI A I RANK
, e banking corporation
located at 1 4 3 4 south _
hereinafter referred to as the Bank, here y mutually agree as follows.
1. As a condition to the making of advance or supplemental payments
under the Contract /Grant No. dated
between the Subcontractor and the Prime Sponsor, amounts advanced to the
Subcontractor by the Primtt Sponsor shall be deposited in the account established
at the bank, designated as the "
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance
Corporation Act (Act of September 21, 1950; 64 stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract /Grant referred
to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds
in the above Special Bank Account is concerned, and particularly shall not permit
withdrawal of funds from the Special Bank Account except by persons named in said
contract /grant as authorized to incur and pay costs on behalf of the subcontractor,
but shall not be responsible for the application of funds withdrawn from the
account.
4. The Prime Sponsor shall have a lien upon the credit balance in the
Special Bank Account to secure the repayment of all advance or supplemental
payments made to the subcontractor, which lien shall be superior to any lien
or. claim of the Bank with respect to such account.
5. Upon receipt of written directions from the Prime Sponsor or his duly
authorized representative, the Bank shall act thereon and shall be under no
liability to any party hereto for any action taken in accordance with such
written directions.
6. In the event of the service of any writ of attachment, levy, or execu-
tion, or the commencement of garnishment proceedings with respect to the
Special Bank Account, the Bank will promptly notify the Prime Sponsor.
7. Authorized representatives of the Prime Sponsor shall have access to
the books and records maintained by the Bank with respect to such Special Bank
Account at all reasonable times and for all reasonable purposes, including, but
not limited to, the inspection or copying of such books and records and any and
all memoranda, checks, correspondence or documents appertaining thereto. Such
books and records shall be preserved by the Bank for a period of six (6) years
after the closing of this Special Bank Account.
S. All moneys deposited in the Special Bank Account are public moneys
subj.ct to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to
take all necessary measures to qualify with the Secretary of the Treasury as a
depositary of public money and to deposit satisfactory security by the deposit
of United States bonds or otherwise, for the safekeeping and prompt payment of
ed b the regulation of the Secretary of
s
the aforesaid public moneys S requir y
the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the last day of signing set forth below.
BANK USE
BANK COLLATERAL
NAME
BANK COLLATERAL required, based upon estimate
N E G E S T IO N A L B A K
maximum bank balance, (excluding FDIC coverag
of $20,000), is $
J�TU
DATE
N ME
ALVIN, ROBERTS
PRESIDE-NT
UBCONTRACTOR USE
CONTRACTOR'S NAME
THE PRIME SPONSOR
LULAC Educat'' a Service Center
,ATURE
DATE
SIGNATURE
���
DATE
21 JUN 74
NAME
TYPE NAME'
TONY BONILLA
E
TITLE
Chairman of the Board
~`..,^.,""
07 :ovE,*"ENT pxopEnr, rnvExronr
0.
_
,. L"C^,°, Do- PAOPE=,
_
S. DATE Of F.Cpogty
~'x
AUTHORIZATION FOR ADVANCE PAYMENTS
I hereby find that:
The Coastal Bend Manpower Consortium and,
Contractor: Lull F.D .A TON SERVICE CENTER
Address: 702 Morgan Ave.
Contractor_ proposed to enter_ have entered into a negotiated
agreement for the performance of the Comprehensive Employment and
Training Act under Public Law 93 -203, 87 Stat. 839, dated February
15, 1974, as follows:
TITLE I X TITLE III _ OTHER
TITLE II _ TITLE IV
In compliance with Public Law 93 -203, 87 Stat. 839, dated February
15, 1974, 96.51 - Payments: Advance payments will be made by either
a letter of credit or by check.
DETERMINATIONS
Upon the basis of the foregoing findings, I hereby determine that the
making of the proposed advance payments without interest is in the
public interest.
ATTEST: Signature
R. Marvin Townsend
City Secretary Type Name
APPROVED: Contractin Officer
Title
City Attorney
I
Oil
nyh uI%Iuwv or wwo, IIW amomaL
4,810 fire locreby
ATTEST:
—City —Secretary R. LdL vin _Z,
APPROVED- (I)rpc Ij.d3(')
Attorney ('J'1 —L J
LWITIAL ADV.mJc!•:
July 1_y1.9Z4 $4,81Q_
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Arturo Vasquez, CPA A
Arturo Vasquez, CPA
4707 Everhart Rd.
Cor us Christi Texas
Ay 1Al' IAaNL1A +.t,1N TNL [1Vw ■THEN[ OI 1,40110 AVDIT IIL11111n[1.IENTS1
OF IOL A I INANCIAL ACCOUNTING STSTIM / /w.flc.11r ...rinr. Inv! rrrlr•m if .nrn✓a w • rn. flrJ +...1 o.r, ••Ar n... .r .,. ,,
... n•., a... y. +a. •1.wr +nn rc...rnr...y .cv •rnrrwlf 1•I Inv Mrnnrwr. Adm•w.f 1•al.On.l
General Journal, general ledger, check stubs, bank statements, invoices, purchase
orders, evidence goods were received, etc.
USE CLINIIN1lANr- 9Nrry Ir Nrl rSSA"-
11 .• —W., Ih.rl to IIn! 1M:5t OI my kngrh•dnr .11M1 hohoi lh- .a•IM+t I% Cmr, :Cl .—I C-111110.'
wn..t
4•.:1 11111 IJ AUtN;.v1710 Oa11CIAL TEIEINONE KO r1••• r••� ^r�� • •..
Arturo Vasquez, CPA j`� —.;2 (a 3 (o
[TAI[ Or EaECU11O-N
Pry Z �/7�
INOMANCE IU:gujgKM EN
INSTRUCTIONS
1. Insurance requirements must be in compliance with A-102, Attachment
B, and the Act.
2. The Workmen's Compensation requirement in the assurances must be
complied with as this is applicable to the Prime and all subcontractors/
grantees.
3. Other insurance requirements under States and units of local Government
shall be used as guidance in compliance vith the Act.
LE ES
INSTRUCTION$
1. The Prime Sponsor has the responsibility of reviewing and approving
leases of facilities for office space to house administrative and other
staff personnel in support of the CEPA Program.
2. Leases should be reviewed for a fair and reasonable cost prior to
approval. As a guide, it is customary to review the recommended rates
as established by GSA within the geographical area.
3. Any remodeling and rehabilitation must be reviewed by the Prime
Sponsor and the Department of Labor.
4. Federal funds should not be considered for items that would involve
a capital improvement on privately owned property.
5. Federal funds for leases should not be expended or obligated going
beyond the termination date of the Prime or subcontractor /grantee, depending
upon which is applicable.
Corpus Christi, Texas
day of , 19
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; I, 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.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote;
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark a4 e
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark