HomeMy WebLinkAbout12212 ORD - 08/07/19741sT
AN ORDINANCE
AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND
MANPOWER CONSORTIUM, AND THE VOCATIONAL EDUCATION BOARD
OF THE STATE OF TEXAS, ALL AS MORE FULLY SET FORTH IN THE
CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A "; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER 9E AND HE 15 HEREBY AUTHORIZED
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRA-
TIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, AND THE VOCATIONAL EDUCATION
BOARD OF THE STATE OF TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ".
SECTION 2. AMENDMENT OF THE CITY BUDGET TO ACCOMPLISH THE PURPOSE
OF THIS ORDINANCE IS NECESSITATED FOR EMERGENCY EXPENDITURE IN GRAVE PUBLIC
NECESSITY TO MEET UNUSUAL,AND UNFORESEEN - CONDITIONS, WHICH COULD NOT, BY
REASONABLE DILIGENT THOUGHT AND ATTENTION OF THE GOVERNMENT OF THE CITY OF
CORPUS CHRISTI, HAVE BEEN INCLUDED IN THE CURRENT, ORIGINAL BUDGET OF THE
CITY.
SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID OR
UNCONSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION IT
SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, - SUBDIVISION, CLAUSE, PHRASE,
WORD, OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE INTENT OF THIS
CITY COUNCIL THAT EVERY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORD,
OR PROVISION HEREOF BE GIVEN FULL FORCE AND EFFECT FOR ITS OWN PURPOSE.
SECTION 4. THE NECESSITY TO AUTHORIZE THE CITY TO ENTER INTO THE
AFORESA #D CONTRACT SO THAT THE PROGRAM MAY BE COMMENCED AT THE EARLIEST
PRACTICABLE DATE 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 INTROUDCTION BUT THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE
12212
•
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 ACCORD-
INGLY SO ORDAINED, THIS THE DAY OF AUGUST, 1974.
ATTEST:
.-A 0I
CI-Tf SECRETARY•
APPROVED:
DAY OF AUGUST, 1974:
J-CI ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
COASTAL BEND MANPOVER CONSORTIUM
VOCATIONAL EDUCATION - NON- FINANCIAL ACRLMENT
Non- Financial agreement between Coastal Bend Manpower Consortium, P. 0. Box
9277, Corpus Christi, Texas, 78403 and Vocational Education Board, State of
Teas, 201 E. 11th St., Austin, Texas, 78701.
AGREEMENT
This agreement entered into between Coastal Bend Manpower Consortium hereinafter
referred to as the Prime Sponsor and the Vocational Education Board, State of
Texas hereinafter referred to as Voc. Ed. Bd.
Upon receipt of funds from the Governor and upon proper referral by the Prime
Sponsor, the Voc. Ed. Bd. agrees to provide education services and activity
(or activities) without cost to the Prime Sponsor. This to be provided in
accordance with the Comprehensive Employment and Training Act of 1973 (CETA),
CETA Rules and Regulations, Special Clauses of this Agreement, and Assurances and
Certification included herein.
This Agreement covers the period July 1, 1974 through June 30, 1975.
This Agreement consists of:
1. Signature Sheet
2. Vocational Education Project Operating Plan
3. Vocational Education Program Narrative
4. Special Clauses
5. Assurances and Certifications
Approved for Prime Sponsor
By:
(Signature)
R. Marvin Toorisend, City Manager
(Typed Name and Title)
ATTEST:
City Secretary
Approved for Voc. Ed. Bd.
By:
(signature)
John Guemole Associate Cc—_.ission.or for
Occupational Education and Technolo;;y
(Typed Name and Title)
APPROVED:
City Attorney
�x1�;6,fi «An
• 1 I 1 •
3. Facsimile of Form
U.S. DEPARTMENT OF LABOR a M.wpo•rr Ad.bAft.lbn
'
t. GRANT NVIADI A
SPECIAL GRANT - PROJECT OPERATING PLAN
•
r. GRANIEE'S NAME AND ADDRESS
Del Mar College
Baldwin $ Ayers
Corpus Christi, TX 784
O
d. P[aIOD CIIV /u!O BY Ga11M1!
Prem: To
_ MDDIF,c -Fz N.M '. IrR
MA 8 :p1 IM.. It F41
IX -141
W
t. GRANT NVIADI A
SPECIAL GRANT - PROJECT OPERATING PLAN
r. GRANIEE'S NAME AND ADDRESS
Del Mar College
Baldwin $ Ayers
Corpus Christi, TX 784
D. PRIME SPONSOR-3 NAME AND ADDRESS
City of Corpus Christi
Corpus Christi, Texas
4
d. P[aIOD CIIV /u!O BY Ga11M1!
Prem: To
_ MDDIF,c -Fz N.M '. IrR
PROGRAM VEAR-70
-GATE PLAN
1, VOCATIONAL EDUCATION PROJECTS
]/]I
• 6110
S /]S
17/11 -
IN
-_- I7rl
- -
_ ... 0
Sal
300eu•le
- V
7�
FToI&I nldemk to M •.r.p !]owe o/ A.I .we
rwrul•r CE7A
nue,e w-__
Y•x ko Dolan• r•wn•r CETA •••e rw�6l.ltlua•
Ix min.l.e IS- nl 8,1 Mmurh A
:n..
Pp:lll.. �:r n w.l n .-
IYe• , :e, ,.. 1.rm n.M
Tot-- a •.ulanna:_I+:��:n �ow�.- r;ll:a:._d plarax u_nrb. D,
O. Tol P•nl.cf.e .wp.nellw.e IFou.k I.E.E L.l°,
2,5-
129
____60 123 .
33 40
-.. 25 30
-- -_146. _ 92
- - -
-- 20 --
E. sr.mm.ry Fln•nc ., P,•n rt rn Thnw•rrd., --
-
3. rel •1 Vot. Ea. IunW .•xk D4 eating Inge Woo /•m Y••r l3um o /E. I.o.nd 8.1 -6,
•. Furb•r•rrlee In lrom D••vbul Wrgr•m Y•u
^'-.._... --- ..- -
•E 'I�-1
D. N•w lu wlnq - •. _..._ __ -. -._ -.
OOU
• -_-
_ - - - � - - -�� -
_129
]. Toll plol•r,.0 .wp•nellur.• fOI loll Dlopr•m Y•u (Sum o /8.711.• IhroupA B ] d/
11. STATE MANPOWER SFR VICFS COUNCIL (T'° D• mmpl.l•d DY .SUN Prpn• Sjxn •mly) -
_ SUMMARY
FINANCIAL PLAN IF b Tnnunndrl - --
A, To{u SMSC Iunee • �Ikpk tlurinp IMI -
pex.m ..•r ISur e/ AA .-I A -r,
-, -'~ '-'�_� IL T.N. •wp.M11uN. Iw•Ink wlq••m Y••r - - - -- _ --
1sum of 8.1 .wd 8.11
r..l _�Ye Yr.9r rn Y
1. Sl.l• M.n - -
]. f.Ys 1 Un 31•b 6lwaer•r. SsYYO
111, STATE MANPOWER SERVICES.
•�_
pall: RAM VI AA
1011A11 mwn
(To M aY.mpl•I.d by S41• Prhnr Syoneor only)
A, iota Ine4le.r.4 lu G Mrv.tl /VYr o/ 'At •rrtl A.],
ql ld
1 loll
�• � -�
a/f1
ft1
-' -' -'-
° 1p
Idt
-" - '-
1. IneplCu:u•mlolrrq ml: wea..m yw
-- --"--
-----_
_.
- ---
D royl Tormmmm� /sl.m.n/ It / Ihrrrrrrn
]. OIMr pml,IV 1•r min•Ibn•
-
]. NOnpo•Iilr. I.rmin•IIOM --
" -"- ' -'
C. --'W- Yaw.. fA•Ywtl b p e.YtlYA e- a arm N
o- torn wo_krue ..wpnwM
c. s.mm.ry Fm.e•1.1 vl.� rt ur rheY.am,
• -- �
1. mla sMS lame ••xNel. nurlrtD mk we6•:m n.r lEwm ° /E. 1• •nd a.l.H
Iona• t nip Lln Ilom DrY.lou• ,••
• -
' S.
-
]. To..,D lxl•e.ep•r.tl11w•• I., lhk prof; myu(84 a /7. )..
lh-..h i.E.O
Admin44aloh
D. Aner•nen
t. w.,r
d. Pllnp Wn•111•
•. T /•INM
/. s•Nk..
MA 8 :p1 IM.. It F41
IX -141
W
U
PROPOSAL FOR INSTITUTIONAL EDUCATION AMID TRAINING
under the
Cdv[PREHENSIVE EMPLOYMENT AND TRAINING ACT 1973
Public Law 93 -203, Title I, Section 112
A cmVrehensive institutional manpower plan to
provide education and training leading to
employment of disadvantaged persons in the
Coastal Bend Region. This project was develop-
ed under Department of Labor rules and regula-
tions established for Title I programs of P. L.
93 -203 (CETA - 1973).
Submitted by
Del Mar College
Division of Technical, Vocational and Special
Programs
•
0 1 1 . . I 1 0
-2-
PURPOSE OF PROJECT
The purpose of this project is to provide education
and/or training for economically disadvantaged, un-
employed or underemployed persons through the main
stream of post - secondary occupational education of
Del Mar College. The basic objective is to bridge
the gap between people and the world of work.
0 1 1 .. . I 1 0
-3-
APPLICANT ORGANIZATION
Del Mar College was organized in 1935 by the Corpus Christi Board of
Education for the general purpose of furnishing educational advantages to the
youth and adults of Corpus Christi. The voters established a Junior College
District and authorized a tax for support of the college. Due to the rapid
growth of the college, a new and separate Board of Regents was appointed in
1951 to control and direct the college as a community institution. Function-
ing under the "Community College Concept ", Del Mar College is considered to
be one of the outstanding community colleges in the nation.
In 1957, the Board of Regents authorized the construction of Del Mar
Technical Institute as a branch of the college to expand the educational
service in technical, vocational, and special programs. The Technical Campus
is located about one and one -half miles from the main campus on one hundred
acres of land. The campus has ten modern buildings valued at approximately
$1,269,000. The construction of a Student Center estimated to cost above
$750,000 was approved by the Board of Regents in January, 1974. Total value
of the Technical Campus, including equipment, will be in excess of three
million dollars.
Some technical and vocational programs are housed on the main campus
which consists of sixteen buildings located on a thirty -six acreage campus
near the Baldwin -Ayers intersection. Capital investments for both campuses
(buildings and grounds) are listed at $13,077,000. Operating budget for the
1973 -74 school year is $8,179,569. During the 1972 -73 school year, the College
enrolled over 20,800 people in a combination of full -time and part-time courses.
The College is approved and accredited by the Southern Association of
Colleges and Schools, The Association of Texas Colleges and Universities, The
Texas Education Agency, National League of Nursing, Engineers Council for
Professional Development, American Dental Society, and The American Medical
Association.
Effective September 1, 1974, Del Mar College will be offering thirty -
two occupational programs designed to prepare graduates for jobs in health,
business, and industrial organizations. The length of these programs range
from six months to two years and are taught under standards approved by local
business and industrial firms. Advisory committees are utilized in the up-
dating of all programs and as connecting links with the world of work.
A Job Placement office is maintained on the Technical Campus by a
full -time staff. This office assists students in obtaining part-time jobs
while in college and the placement of graduates on completion of their course
of study. The placement officer works closely with the local Texas Employment
Commission staff for local and statewide placement service. A job bank
information system has been established in conjunction with the Texas Employ-
ment Commission which provides daily job information to students. TEC
employees are scheduled two days per week on campus to assist the College staff
in job placement activities. In addition, college placement officials have
direct contact with many local, area, and state firms. On- campus job interviews
are scheduled daily.
-4-
The College employs 262 regular facul
Part-time faculty, and 184 supportin t' and professional staff, 210
state certification requirements g personnel. Each facul
for all persons in a Leaching �t of which job-related experience er meets
credentials are held to each face pational program. Professional teachingsary
ty member.
Guidance and counseling services are available to both da
ing students, Guidance facilities are located on both
adequately staffed to serve all s campuses and and even -
tudents. are
VOCATIONAL EDUCATION
PROUECT OPERATING PLAN
I. Del Mar College will be responsible for administration
2• Del Mar college Baldwiand Ayers, Corpus Christi, Texas 78404 will
be the training facility, , n and supervision.
3• Vocational Education and/or services to be
adults 17 years of age or older who are high school /G.E.D,
tinning at the 10th provided: To train 150
Mar College and Bee level in skill occupations of one or func-
students will be available College, Beeville. It is anticipated duration at Del
In addition into programs of longer once yeartduration.
Corpus Christi), to the above, 150 adults
successful "caplet on of provided full -time G.E D./pree-- Vooccati mice, Simon, and
training of their choice G.E.D.. the students will be channeled s�llpon
either at Del Mar or Bee C
The G.E.D. aunty College.
ed by �Pl e G.E. ocati.onal training for the 150
housed at Bee jlthree G.E.D. /pre - Vocational instructors, adults will be accomplish -
College has two , one in Alice, and one in Sinton. One instructor will be
full -time G.E.D. inctruCtOTS On its faAttlth Present time, Del Mar
4• Number of part icipants to be served: 150 skill train-i b
ISO G.B.D./Pre- Vocational training
S. Length of trainin
days per week or a g: Vocational courses are based on 6 hours
Mar College total of 30 hours of skill training per week. Courses at
tra nee wiucreecceive at 7 a.m. and continue until 11 p,m. Within approximately 1,400 hours of skill development one year, a
pment training.
Students may receive training in:
DEPAR110 T OF VOCATIONAL BUSINESS EDUCATION
Clerical practices
Secretarial Practices
Computer Operator
DEPARIMW OF COL%MMLOG•
DEPARDENp OF RADIOLOGIC TEQMLOGy
DEPAR1MENT OF MRUAL HEALTH
-5-
DEPARTMENT OF VOCATIONAL NURSING
DEPARTMENT OF RESPIRATORY THERAPY
DEPARTMENT OF INDUSTRIAL EDUCATION
Appliance Repair
Automotive Mechanics
Diesel Engine Mechanics
Machine Shop
Radio and Television Servicing
Refrigeration and Climate Control Mechanics
Welding
DEPARTMENT OF PRE - VOCATIONAL (GENERAL EDUCATION)
DEPARTMENT OF ENGINEERING TECHNOLOGY
6. Schedule for trainee intake and completion:
Skill Training Intake
Ft-is anticipated that 50 trainees will commence training in
September and the remaining students will be enrolled as they are referred to the
colleges from The Texas Employment Commission and various agencies.
G.E.D. /Pre - Vocational Intake
t is anticipated Uiat approximately 60 students will start their
training in preparation for the G.E.D. and the remaining students enrolled through-
out the year.
All students enrolled at Del Mar College will be considered full -
time college students and all records will be maintained by the Registrar's Office.
Students completing their training objective will be referred to the college Place-
ment Office and The Texas Employment Commission for employment. Students that can
benefit from skill training will be placed in a program of his choice.
Students enrolled in the G.E.D. program at Alice, Beeville, and
Sinton will be considered students of their respective school districts and their
records will be maintained at the Adult Learning Centers.
7. All personnel hired by the college and all purchases of goods or services
will be in accordance with all local, State and Federal laws, requirements, regula-
tions and policies.
8. The instructional programs at Del Mar College and Bee County College are
approved by the Southern Association of Colleges and Schools. The vocational pro-
grams are all geared towards industry, and an Advisory Committee, made up of local
industrial representatives, advises the college and keeps the course curriculums
up -to -date with industrial demands.
9. The general objectives of this project are: (1) to provide disadvantaged
persons with the education and /or training that will qualify them for immediate
employment in their chosen occupation, (2) provide short -term instructional training
as needs are identified, (3) provide general education such as pre - vocational or pre -
technical training for persons who do not meet admission requirements into programs
they have chosen to enter, and (4) provide career guidance and job placement services
to all disadvantaged persons in the designated region to be served.
10. Outline of major units of instruction: See DMC's present college catalog.
-6-
11. A progress record is kept on all vocational students at Del Mar College.
SUPPLIIVEENTARY VOCATIONAL EDUCATION ASSISTANCE
(P.L. 93 -203, Title I, Section 112)
FINANCIAL PLAN
lum MWAT® EXPEW [TM $129,000.00
Estimated
Student
Estimated
Participation
Expenditures
I. AWNISTRATION
$ a n —i-nn-
II. PROGRAM ACTIVITIES
A. Basic Education
B. General Educational Development (GED)
150
29,970.00
C. Skill Training
150
90,000.00
D. English As a Second Language (ESQ
III. SPECIAL ACTIVITIES
A. Guidance and Counseling
B. Testing
C. Follow -Up
D. Staff Development
E. Special Projects
(Demonstration and Pilot)
F. Other:
lum MWAT® EXPEW [TM $129,000.00
-7-
VOCATIONAL EDUCATION AND
SERVICES PROGRAM NARRATIVE
This plan is developed jointly between Del Mar College and the State
Board for Education. Del Mar College will sub - contract to Bee County College
for three G.E.D. /Pre - Vocational instructors and s0 skill training slots. All
financial transactibns will be the responsibility of Del Mar College. For this
service, Del Mar College will charge 7% of the total budget of $129,000.00. All
other monies for this plan will be used to pay student's tuition, books, tools
and supplies.
Three G.E.D. facilities will be made available to this project at no
cost by the public schools of Beeville, Sinton, and Alice, Texas.
•
Public Lew 93_203. Title I Section 112
NONFINANCIAL AGREEMENT
SECTION I
is
Pursuant to the provision of the Comprehensive Employment and Training Act
of 1973, Public Law 93 -203, Title I, Section 112, the State Board for Vo-
cational Education, agrees to administer and provide financial assistance
for vocational education services in areas served by Coastal Bend Man ower Consortium
and to eligible participants as identified by the Prime Sponsor. Ther
nonfinancial agreement consists of this signature page, in addition to the
provisions as set forth in the program operating plan and program narrative,
which are attached hereto. These vocational education services•will be co-
ordinated-to the extent possible with the Prime Sponsor's total Comprehen-
sive Employment and Training Act grant activities and will be contingent
upon receipt of Section 112 funds by the State Board for Vocational Education.
SECTION II
Any changes in terms and conditions of this nonfinancial agreement will be
made by mutual consent of both parties (State Board for Vocational Education
designated Representative and the Prime Sponsor's designated Representative).
SECTION III
Duration of Nonfinancial Agreement
From July 1, 1974 To June 30, 1975
SECTION IV
Approved; Prime Sponsor
Name R. Marvin Townsend
Title _City Manager
Address P. 0. Box 9277 Corpus Christi, Texas, 78408
Phone Number AC512- 884 -3011 ext. 200
Signature Date
Designated Representative)
State Board for Vocational Education
Name Mr. John Guemple, Associate Commissioner
Title _ for Occupational Education and Technology
Address Texas Education Agency, 201 E. 11th St., Austin, TX 78701
Phone Number 475 -4625 (A /C 512
Signature Date
Designat e
Rpresentat ve)
SPECIAL CLAUSES
1. CIIANGFS
a. The Prime Spousor's Contracting Officer may, at any time,
wit.liout 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; (4) method of
shipment or packing; or (5) place of delivery.
b. Any other written order or an oral order (which terms as used
in this paragraph (b) shall include 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
s
order Linder this clause: Provided, That the Contractor /Subgrantee give
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-
formance 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 days before the Contractor /Subgrantee gives written notice as therein
required, And provided further, That in the case of defective specifications
for which the Prime Sponsor is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor /Subgra:ttee
in attempting to comply with such defective specifications.
e. If the Contractor /Subgrantee - intends to assert a claim for an egaitiu::
adjustment under this clause, he must, within 30 days after receipt of a
chn_nge order under (a) above or the furnishing of a written notice under (b)
above, submit to the Prime Sponsor's Contracting Officer a written states =nt
setting forth the general nature and,monetary extent of such claim, unless
this period is extended by the Prime Sponsor. The statement of clai=
may be included in the notice under (b) above. ffhere the cost of propert,%
made obsolete or excess as the result of a change is included in the
Contractor's /Subgrantee Is claim for adjustment, the Prime Sponsor's
Officer shall have the right to prescribe the manner of disposition of su ::
property.
Page 1 of 17 Pages
•
!'. No Claim by the Con tractor /3nbgranLee for an equi.Lable al,ju ^t.r.. ^nt
nor Wider shall be allowed if asserted after final payment under this
contrast /subgrant.
e. Failure to agree on the terms of any equitable adjustment nh :-AL be
c: diupnLC concerning a question of fact within Lhe meanin!; or Uic cLrc: c •,f
this contract entitled "Disputes."
h. NoLhing in this clause shall excuse the Con Lractor/:,ubrtranLcr.
from proceeding wiLh the contract /subg rant 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)
contrnctors 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, condition:;, or
privileges of their employment, discriminate against persons because or
their Ve except upon the basis of a bona fide becupational 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 occupation::
is published at 29 CFI2 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.
�' • �_•i���L. Ol'FOP,1'IINITY CL!1USE -
Durive the perform.:
in Executive Order 11246 of September 24, 1965, and such Other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or, as otherwise provided by 1a:r.
(7) The contractor will include th,, praii z,;ons of p..- ;:graphs (1) :h• -0,4gh
(7) in every subcontract or purchase order unless exempted by rulea,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so
such provisions will be binding upon each subcontractor or vendo,
The contractor will take such action with respect to any subcontract
or purchase order as the contracting agency may direct as a n^ -zs of
enforcing such provisions including sanctions for noncompliance:
Provided, however, That in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the contracting agency, the con-
tractor may request the United States to enter into such litigation
to protect the interests of the tinted 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
arty 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, or loc
Number 1 above. al laws if it is higher than that stated in Item
6. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will not be terminated without prior notice to the
trainee or enrollee and reasonable opportunity for corrections or improvemec�t
Or p' °rforntmce and consultation with the Contracting Officer by the training
fncSlity for substandard or unsatisfactory progress or conduct. Termindtion
trainees or enrollees will be governed by disciplinary and grievance
pro-
cedures approved by the Contracting Officer or his duly
tine: Provided, That in training facilities operating authorized ectiveenta-
bargaining agreement, disciplinary g under a collective
an agreement and applicable to trainees goreenrolleescco eredpbyvthis contract,
shall govern.
•
•
7. TEFMINATION
a. The performance of work under the contract /subgrant may be
terminated by the Prime Sponsor in accordance with this clause in
whole, or from time to time in part:
(1) SJhenever 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_
ante), 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 Contractor / 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 becomes
effectivd. 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 /Subgranted'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
extent specified in the Notice
C to the
Termination;
(2) Place no further orders or subcontracts for materials,
services, or facilities, except as may be necessary for completion of such
Portion of the work under the contract /subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that
they relate to the performance of work terminated by the Notice of Termina-
tion;
(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 / subgrant
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 /Subgrantee has been or will be reimbursed
under this contract / subgrant.
(7) Use his best efforts to sell, in the manner, at the times, 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) shall not
be required to extend credit to any purchaser, and (ii) may acquire any
such property under the conditions prescribed by and at a price or prices
approved by the 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;
(8) Complete performance of such part of the work as shall not
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 may acquire an interest.
The Contractor /Subo antee shall proceed immediately with the performance
of the above obligations notwithstanding any delay in determining or adjusting
the amount of the fee, or any item of reimbursable cost, under this clause.
At any time after expiration of the plant clearance period, as defined in
Subpart 1 -8.1 of the Federal Procurement 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, 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 for the termination and shall thereupon pay to the
Contractor /Subgrantee the amount so determined.
d. Subject to the provisions of paragraph (c), and subject to any
review required by the contracting agency's procedures in effect, as of the
date of execution of this contract /subgrant, the Contractor /Subgrantee and
the Prime Sponsor's Contracting Officer may agree upon the whole or any
part of the amount or amounts to be paid (including an allowance for the
fee) to tlue Contractor /Subgrantee by reason of the total or partial termina-
tion of work pursuant to this clause. The contract /subgrant shall be
amended accordingly, and the Contractor / Subgrantce shall be paid the ngrced
amount.
c. 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 --
W There shall be included therein all costs and expenses
reimbursable in accordance with this contract /subgrant not previously paid
to the Contractor /Subgrantee for the performance of this contract /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)(g) above, which are properly chargeable to the terminated portion of
the contract /subgrant;
(iii) 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 Contractor /Subgrantee
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:
(p) In the event of the termination of this contract/
subgrant for the convenience of the Prime Sponsor and not for o£ the fee not for the default
of the Contractor /Subgrantee, there shall be paid a percentage
equivalent to the percentage of the completion of work contemplated by the
contract /subgrant, less fee payments previously made hereunder; or
f the term
(B) In the event oination of this contractible
subgrant, for the default Of the C
shall be such proportionate part of the fee (or, ifethishcontract /subgrant
calls for articles of different types, of such part of the fee as is
reasonably allocable to the type of article under consideration) theaPrime Sponsor
total number, of articles delivered to and accepted by this
bears to the total number of articles of a like kind called for by
contract /subgrant.
If the amount determined under this subparagraph (1) e, less than the total
payment, theretofore made to the Cont Sponsor /thegexcessamountontractor/
Subgrantee shall repay
s only the fee, the amount thereof
(2) if the settlement includesubparagrap
will be determined in accordance with h (1 }(iv), above.
(f) The Contractor /Subgrantee shall have the right of appeal, under
utes " from any deter-
the Contracting Officer under paragraph (c)
the clause of this contract /subgrant entitled 'Disp ,
urination made by the Prime sponsor's tee has failed to submit
or (e) above, except that, if the in paragraph above and has failed to
he shall have no such right of appeal. In
his clsim, within the time provided in paragrap (
request extension of such time, the Prime
any case where the Prime Sponsor's Contracting Officer has made a deter -
mination of the amount due under paragraph (c) or (e) above,
Sponsor shall pay to the Contractor /Subgrantee the following:
(l) ght of appeal hereunder or if no timely appeal has
if there is no ri
been taken, the amount so determined by the Prime Sponsor's Contracting
officer, or (2) if an appeal has been taken; the amount finally d
on such appeal.
1 the Contract advance or other paYMents
(g) In arriving at the amount due the Contractor /Subgrantee wider this
clause there shall be deducted (1) a licable to the terminated
(2} any claim which the Prime Sponsor may
theretofore made to the Contractor /Subgrantee, tip
portion of this contractJaubgrant, materials,
have against the Contractor or in connection with this contract/sub-
portion
and (3) the agreed price for, or the proceeds of sa-etee�orr sold pur-
supplies, or other things acquired by the Contractorwise ran
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 fee which
is payable with respect to the work under the continued portion of the
9
con tract / subgrant shall be equitably adjusted by agreement between the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and
such adjustment shall be evidenced by an amendment to this contract /sub-
grant.
(i) The Prime Sponsor may from time to time, under such terms and
conditions as it may prescribe, make partial payments and payments on
account against costs incurred by the Contractor /Subgrantee in connection
with the terminated portion of the contract /subgrant whenever in the
opinion of the Prime Sponsor's Contracting Officer the aggregate of such
payments 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
reason 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. TEPHINATION FOR CONVENIENCE
The provisions set forth in this clause gb shall govern in lieu of
clause 9a should this contract /subgrant be for experimental developmental
or research work and the Contractor /Subgrantee 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/
Subgrantee of a Notice of Termination specifying the extent to which per-
formance of work under the contract / subgrant 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
the cancellation or diversion of his outstanding commitments covering personal
services and extending beyond the date of such termination to the extent that
they relate to the performance of any work terminated by the notice. With
respect to such canceled commitments the Contractor /Subgrantee agrees to
(1) settle all outstanding liabilities and all claims arising out of such
cancellation of commitments, 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 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-
grantee within such one -year period or authorized extension thereof. Unon
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
Contract or /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, FIXEDD FEE, M PAY-
(e) 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 procedures
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, which
amount or amounts may include any reasonable cancellation charges thereby
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 Contractor /Subgrantee is unable to cancel, the
Contractor /Subgrantee shall have exercised reasonable diligence to divert
such commitments to his other activities and operations.
shall be embodied in an amendment to this contract /subgranttaandu the Con-
ement
tractor /Subgrantee shall be paid the agreed amount.
11
C7
(f) The Prime Sponsor may from time to time, under such terms and
conditions :is it m..V prescribe, make partial payments against costs incurred
by the Contractor /Subgrantee in connection with the terminated portion of
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 determined 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
is not so paid upon demand, interest thereon shall be payable by the
Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent Der
annum, 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/sub-grant
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 funds for construction and
building rehabilitation without prior approval of the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Labor
and the Prime Sponsor shall be administered under the guidelines of A -102
and parts of Paragraph IV, applicable to construction procurement.
12
10. LISTING OF DTLQIDMXT OPs IINGS
(This clause is applicable pursuant to Al CFR 50 -250 if this contract is for
$2,500 or more.)
(a) The Contractor agrees, in order to provide special emphasis to the
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable ciplcyment openings of the contractor -Which exist at the ti-=.2
of the execution o: this contract and those which occur during the performance
of this contract, including those not generated by this contract and including
those occurring at an establishment other than the one wherein the contract is
being performed but excluding those of independently operated corporate affili-
ates, shall be offered for listing at an appropriate lccal office of the State
employment service system wherein the opening occurs and to nrcvide such reports
to such local office regarding employment openings and hires as may ce recaire_:
Provided, That if this contract is for less than $10,000 or if it is :nth a
State or local mover., ,zent the reports set forth in paragraphs (c) and (d) are
not required.
(b) Listing of employment openings with the emplgyment service sister zur-
suant to this clause shall be made at least concurrently with the use of ary
other recruitment service or effort and shall involve the normal obligations
which attach to the placing of a bona fide job order, including the acceotanc_
of referrals of veterans and nonveterans. This listing, of employment G_cni ngs
does not require the hiring of any particular job applicant or from any a:
group of job applicants, and nothing herein is intended to relieve the Contractor
from any requirements in any statutes, Executive orders, or regulations rega_d_: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 quarter'_;:
the appropriate local office or, where the Contractor has more than. one estab =_=h-
ment in a State, with the central office-of the State employment sen-ice. Such
reports shall indicate for each establishment (i) the number of individu -a w.-.
were hi :cd ...:ring tha reporting period, (ii) the number of those hi ed Wno
disabled veterans, and (iii) the number of those hired who were noncisabledw
veterans of the Vietnam era. The contractor shall submit a report wit °:in 30 -47.---s
after the end of each reporting period wherein any performance is -Made under
contract. T e Contractor shall maintain cozies of the rerc_ts subm_z,_, _.:__
expiration of 1 year after final paymentµ under the contract, during ..
they shall be made available, upon request, for examination by any autho^;ne•i=
reprezen atives of the Contractin.- Officer of of the Secretary of Labor.
(d) Whenever the Contractor becomes contractually bound by the :iszin
provisions of this clause, he shall advise the employment service system in e.._..
State wherein he has establishments of the name and location of each such esz=b-
lizliment in the State. As long as the contractor is contractually bo L:d to
these provisions and has so advised the State employment system, there is no
13
to advise the State system of subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this contract clause.
(e) This cla:zse do•__ not apply to the listing of employment openings
which occur and are filed outside of the 50 States, the District of Colwabia,
the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(f) This clause does not apply to openings which the Contractor proposes
to fill from within his own organization or to fill pursuant to a custo =ary and
traditional employer -union hiring arrangement. This exclusion does not apply .
to a particular opening once an employer decides to consider applicants outside
of his own organization or employer -union arrangement for that opening.
(g) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to,
openings which occur in the following job categories: Production and norprod•action:
plant :r d office; laborers and mechanics; supervisor,/ and nonsupervisor,y; technical;
and executive, administrative, and professional openings which are compensated on
a salad basis of less than $18,000 Der year. The term includes full -time enploy-
ment, temporary e=ploymer_t Of more than 3 days' duration, and Dart -time employ -.e ^t.
It does not include openings which the Contractor proposes to fill from within his
own organization or to fill pursuant to a customary and traditional employer -tmion
hiring arrangement.
(2) "Appropriate office of the State employment service system" means
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`cr.-
wealth 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, end parent companies), and includes any openings which the Contractor
proposes to fill from regularly established "recall" cr "rehire" lists.
(4) "Openings which the Contractor proposes * * * to fill pursuant
to a customary and tra_tional employer - union hiri n;y arrangement" means e. ^loy :ent
openings for whi h no consideration will be given to =ersons outside of a special
hiring arrangement, including openings which the Contractor proposes to fill from
union hn].12 , which is part of the customary and traditional hiring relationship
which exists between the Contractor and representatives of his employees.
(5) "Disabled veteran" means a person entitled to disability compensation
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.
14
(u) "Vete:•:n of the Vdctnvu cr:e" mean a n;rrcon (A) who (i) :r.
on active deity with the Armed rorces for a reriod of enre than 1-80
part Of which ocv%rr•••i alter AiLjust 5, 1961' and was dischnrr -cd or rcl ^�- ::
thcrefr,r with other than a dishonor^bLe di :;charge, or (ii) wun di :ch-.r,;c:l
or relensed from active duty Cor service- connec tcd 3isal_il:itl is any __,rt
such duty was perfovirod after Au4u st 5, 196h, and (B) who was so ;-' :.
or released within the 4$ months preceding his application for employment
by this clause.
(h) If any di:abl• .-d veteran or veteran of the Vietnam era believes thrL,
Contractor (or any first -tier subcontractor) has failed or refuses to ccr..c1y
the provisions of this contract clause relating to giving special e- rphasis "_
employment to veteran:;, such veteran may file a complaint with the vcterane;'
ecploy;-ert representative at a local State employment service office wh7 ..ii:
attempt to inform+Llly resolve the Complaint and then refer the camclaint -
report on the attempt to resolve the matter to the State office elf the Vets -s'
rsmployrent Service of the Department of Labor. Such complaint shall then be
promptly referred through the Assistant Regional Director for VaMpower to t c
Secretary •_f Labor who shall investigate such complaint and shall take suer:
action thereon as the facts and circumstances warrant consistent with the
of this contract and the laws and regulations applicable thereto.
M The Contractor agrees to place this clause (excluding this paragrzp
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
12. NS ^LiTES
a. Except as otherwise provided in the contract / oubgrant, nny
I :-pate concerning a question of fact arising under this contract,/nub rant
which is not disposed of by agreement shall be decided by the Prine
Sponsor's Contracting Officer, who shall reduce his decision to writing
:G,.d mail or otherwise furnish a copy thereof to the Contractor /sul,rraate ^.
'Are decision of the Primp Sponsor's Contracting Officer shall be finial :and
conclusive unless within 30 days from the date of receipt of such copy,
the Contractor /Subgrantee mails or otherwise furnishes to the Prime
S:;on^,or'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 unleso
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 shrill
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.
14. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in
writing 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 CEfA Program.
16
17 • (1 L)rR 0_ F_ PgrCrhr 6i,E
Ln the event there are inconsistencies or conflicts in t',, grant
ccn;raot, unloss otherwise prUvid,s{, thereon, the .inconesi_nLenr.ie:;F;: /nl
:: ^aolved by g r
giving necedencc in the followin,^, order: l
I. The Act (Public Law 93_203, 87 Stat. 839)
2. The regulations as approved by the Secretary of Labor
3• . ^ +pecial Clauses
h- A -102
5. A -87
6• The Comprehensive Manpower Plan as stated in the grant as
applicable to each title.
17
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The Coastal Bend Manpower Consortium hereby assures and certifies:
a. That it will comply with the requirements of the Comprehensive Employment and
Training Act of 1973 (P.L. 93 -203, 87 Stat. 839), hereafter referred to as the
Act, and with the regulations and policies promulgated thereunder; and
b. That it will comply with OMB Circulars numbered A -87, A -95, and A -102, as those
circulars relate to the utilization of funds, the operation of programs, and
the maintenance of records, books, accounts, and other documents under the
Comprehensive Employment and Training Act.
2. The Coastal Bend Manpower Consortium further assures and certifies that if the
regulations promulgated pursuant to the Act are amended or revised, it shall comply
with them or will notify the Assistant Regional Director for Manpower (ARDM) within
30 days after promulgation of the amendments or revision that it cannot so conform,
so that the ARDM may terminate the grant.
3. In addition to the requirements of 1. and 2. above, and consistent with the
regulations issued pursuant to the Act, the Coastal Bend Manpower Consortium makes
the following further assurances and certifications:
a. That it possesses legal authority to apply for the grant; a resolution, motion
or similar action has been duly adopted or passed as an official act of the
Coastal Bend Manpower Consortiums governing body, authorizing the filing
of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official
representative of the Coastal Bend Manpower Consortium to act in connection
with the application and to provide such additional information as may be required;
b. That no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the Coastal Bend Manpower Consortium receives Federal financial assistance
and will immediately take any measures necessary to effectuate this agreement.
c. That it will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d)
prohibiting employment discrimination where (1) the primary purpose of a grant
is to provide employment or (2) discriminatory employment practices will result in
unequal treatment of persons who are or should be benefiting from the grant
aided activity.
d. That it will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides
for fair and equitable treatment of persons displaced as a result of Federal and
federally assisted programs.
e. That it will comply with the provisions of the Hatch Act which limit the
political activity of employees.
f. That the program under the Act does not involve political activities.
t. That the program will, to the maximum extent feasible, contribute to the
occupational development or upward mobility of individual participants.
(Sec. 603(13))
u. That the program has adequate administrative and accounting controls, personnel
standards, evaluation procedures, availability of in- service training and
technical assistance programs, and other policies as may be necessary to
promote the effective use of funds. (Sec. 603(14))
v. That the program makes appropriate provision for the manpower needs of youth
in the area served. (Sec. 603(15))
w. That it will comply with the labor standards requirements set out in Section
606 of the Act.
x. That it will comply with all requirements imposed by the Department of Labor
concerning special requirements of law, program requirements, and other
administrative requirements approved in accordance with Office of Management
and Budget Circular No. A -102.
4. The Coastal Bend Manpower Consortium further assures and certifies that neither it nor
any other units planned for participation in the project are listed on 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.
5. Assurances for Title I Programs
In carrying out programs under Title I of the Act, the Coastal Bend Manpower
Consortium assures and certifies that:
a. Services and activities provided under this title will be administered by
or under the supervision of the Coastal Bend Manpower Consortium. (Sec. 105(a)
(1) (B) )
b. Manpower services, including job development, will be provided to those most
in need of them including low income persons and persons of limited English -
speaking ability, and that the need for continued funding of programs of
demonstrated effectiveness is considered in serving such persons. (Sec. 105
(a) (1) (D) )
c. Programs of institutional skill training will be designed for occupations in
which skill shortages exist. (Sec. 105(a)(6))
d. The plan meets all the requirements of Section 105(a) and that the Coastal
Bend Manpower Consortium will comply with all provisions of the Act. (Sec.
105(b))
e. It will make such arrangements as are prescribed by regulation to assist the
Secreatry in carrying out his responsibilities under Sections 105 and 108 of
the Act. (Sec. 105(a)(7))
f. The Coastal Bend Manpower Consortium assures and certifies that the
Comprehensive Manpower Plan in Title I, as amended, is made a part of the
Grant agreement by reference.
g. That it will establish safeguards to prohibit employees from using their
positions for a purpose that is or gives the appearance of being motivated
by desire for private gain for themselves or others, particularly those with
whom they have family, business or other ties.
h. That it will give the Department of Labor and the Comptroller General, through
any authorized representative, the access to and the right to examine all
records, books, papers or documents related to the grant.
i. That no person with responsibilities in the operation of any program under the
Act will discriminate with respect to any program participant or any applicant
for participation in such program because of race, creed, color, national origin,
sex, political affiliation or beliefs. (Sec. 603(1), 612)
J. That participants in the program will not be employed on the construction,
operation or maintenance of that part of any facility which is used for
religious instruction or worship. (Sec. 603(3))
k. That appropriate standards for health and safety in work and training situations
will be maintained. (Sec. 603(5))
1. That conditions of employment or training will be appropriate and reasonable
with regard to the type of work, the geographical region and the proficiency of
the applicant. (Sec. 603(4))
m. That appropriate workman's compensation protection will be provided to all
participants. (Sec. 603(6))
n. That the program will not result in the displacement of employed workers or
impair existing contracts for services or result in the substitution of Federal
funds for other funds in connection with work that would otherwise be performed.
(Sec. 603(7))
o. That training will not be for any occupations which require less than two weeks
of pre- employment training, unless immediate employment opportunities are
available in that occupation. (Sec. 603(8))
p. That training and related services will, to the maximum extent practicable,
be consistent with every individual's fullest capabilities and lead to
employment opportunities which will enable participants to become economically
self- sufficient. (Sec. 603(9), 105(x)(6))
q. That institutional skill training and training on the job shall only be for
occupations in which the Secretary or prime sponsor has determined there is
reasonable expectation for employment. (Sec. 603(10))
r. That CETA funds will, to the extent practicable, be used to supplement, rather
than supplant, the level of funds that would otherwise be available for the
planning and administration of programs under the prime sponsor's grant.
(Sec. 603(11))
s. That it will submit reports as required by the Secretary and will maintain
records and provide access to them as necessary for the Secretary's review to
assure that funds are being expended in accordance with the purposes and provisions
of the Act, including the maintenance of records to assist the Secretary in
determining the extent to which the program meets the special needs of dis-
advantaged, chronically unemployed, and low income persons for meaningful employ-
ment opportunities. (Sec. 603(12), 311(c))
Texas Department of Vocational Education 201 E. 11th St., Austin, Texas, 78701
(Legal Name of Applicant) (Address)
A/C 512 475 -4625
(Signature of Authorized Officer) (Phone Number)
John Guemple, Associate Commissioner for
Occupational Education and Technology_ _
(Typed Name and Title of Authorized (Date Authorized)
Officer)
i Route 1 Reeville,Texas 78102
GRABY C. HOGUE
President
Jute 24, 1974
Mr. John Guemple
Associate Commissioner
Occupational Education and Technology
Texas Education Agency
201 East 11th Street
Austin, Texas 78701
Dear Mr. Guemple:
I have reviewed the Non - Financial Agreement which is a part of the
Proposal for Institutional Education and Trainiing agree thethis compre-
hensive Employment and Training Act, 1973, and
on behalf of Bee County College.
Yours truly,
i
Grady C� �ux
President
GCH/dc
ROHI IIIJ tlI ASII Y. �.•,w... tlR FC SPCIIMANN.w,+•�°•EHEe C. IATCHAM. JR.+�ro�4—RW IIIRNS•IRANX JOSIES•HIr'" J IJIRIN•1•�'-�I �'� ��'•�l•
DEL MAR COLLEGE
CORPUS CHRISTI, TEXAS 78404
Office of the Prcrid—t
June 21, 1974
Mr. John Guemple
Associate Commissioner
Occupational Education
and Technology
Texas Education Agency
201 East 11th Street
Austin, Texas 78701
Dear Mr. Guemple:
I have reviewed the Non - Financial Agreement which is a part of
the Proposal for Institutional Education and Training Under
the Comprehensive Employment and Training Act, 1973, and agree
to this proposal on behalf of Del Mar College.
Sincerely,
,'Jean Richardson,
President
JR:sa
•
Corpus Christi, Texas
•
day of 192
IF—
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
aL-
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
i
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano,,-Sr.
J. Howard Stark