HomeMy WebLinkAbout12771 ORD - 08/27/1975i
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A FISCAL YEAR 1976 CETA, TITLE II,
CONTRACT FOR THE CITY OF CORPUS CHRISTI, AS THE
ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER
CONSORTIUM, WITH NUECES COUNTY IN THE AMOUNT OF
$16,508 FOR THE PURPOSE OF OPERATING A PUBLIC
SERVICE EMPLOYMENT PROGRAM, AS MORE FULLY OUT-
LINED AND SET FORTH IN THE CONTRACT, IN SUB-
STANTIALLY THE FORM ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A ", AND TO EXECUTE
ALL RELATED AND NECESSARY DOCUMENTS IN THE
IMPLEMENTATION AND ADMINISTRATION OF THE AFORE-
SAID PROJECT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:'
SECTION 1. That the City Manager be and he is hereby authorized
and directed to execute a Fiscal Year 1976 CETA, Title II, Contract for
the City of Corpus Christi, as the administrative unit of the Coastal
Bend Manpower Consortium, with Nueces County in the amount of $16,508
for the purpose of operating a public service employment program, as more
fully outlined and set forth in the contract, in substantially the form
attached hereto and made a part hereof, marked Exhibit "A ", and to execute
all related and necessary documents in the implementation and administration
of the aforesaid project.
SECTION 2. The necessity to authorize execution of the afore-
said contract 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 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 emergency and necessity exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
of its introduction and take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the os � ay
of 1975.
ATTEST: /
!e�
Ci Secretary , � MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
�TDAY OF 1975:
City. Attorney f i g 21 r 771
1
CONTRACT SICRAT[?R ^c SHEET
CONTRACTOR:
Coastal Bend Manpower Consortium
P. 0 Box 9211 Nueces County
Corvus Ch'-f-4 my �o..�o County Courthouse
I �
L
This contract is entered into by the Administrative Unit of the Coastal Bend
Manpower Consortium, hereinafter referred to as Prime Sponsor and Nueces County
, hereinafter referred to as Contractor.
The Contractor agrees to operate a Manpower Services Program in accordance with
the provisions of this agreement. This contract consists of 33pages, including
this page, and such other provisions and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide by all
terms specified herein and also certifies that the information in this Contract is
correct to the best of his knowledge and belief and this Contract has been fully
authorized. Funds hereby being obligated are subject to the availability clause.
A. CONTRACT PERIOD
This Contract covers the period (date) from July 1, 1975 to June 30, 1976.
B. OBLIGATION
Total CETA funds obligated by the Prime Sponsor are $ 16,508
I. Funds carried in from previous program year are $ N/A
2. New funds obligated are $ 16,508
3. (For Modification use only) This Action
funds obligated for s Contract b the total CETA
this $ Y $ to (new level)
APPROVED FOR THE PRIME SPONSOR
DAY OF 1975
BY:
Signature
R.- Marvin Townsend -City Mana�er-
Name and Title
APPROVED FOR T'dE CONTRACTOR
DAY 0£!_ , 1975
BY: ✓ �✓i/1!t ��
ISignature
Rohprt- N Acme r ty T
: Name and Title
ATTEST:
APPROVED
City Secretary Date
APPROVED:
_DAY OF 1915
Director of Finance
DAY OF - . 1975
City Attorney
' 7
1
CONTRACT SICRAT[?R ^c SHEET
CONTRACTOR:
Coastal Bend Manpower Consortium
P. 0 Box 9211 Nueces County
Corvus Ch'-f-4 my �o..�o County Courthouse
I �
L
This contract is entered into by the Administrative Unit of the Coastal Bend
Manpower Consortium, hereinafter referred to as Prime Sponsor and Nueces County
, hereinafter referred to as Contractor.
The Contractor agrees to operate a Manpower Services Program in accordance with
the provisions of this agreement. This contract consists of 33pages, including
this page, and such other provisions and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide by all
terms specified herein and also certifies that the information in this Contract is
correct to the best of his knowledge and belief and this Contract has been fully
authorized. Funds hereby being obligated are subject to the availability clause.
A. CONTRACT PERIOD
This Contract covers the period (date) from July 1, 1975 to June 30, 1976.
B. OBLIGATION
Total CETA funds obligated by the Prime Sponsor are $ 16,508
I. Funds carried in from previous program year are $ N/A
2. New funds obligated are $ 16,508
3. (For Modification use only) This Action
funds obligated for s Contract b the total CETA
this $ Y $ to (new level)
APPROVED FOR THE PRIME SPONSOR
DAY OF 1975
BY:
Signature
R.- Marvin Townsend -City Mana�er-
Name and Title
APPROVED FOR T'dE CONTRACTOR
DAY 0£!_ , 1975
BY: ✓ �✓i/1!t ��
ISignature
Rohprt- N Acme r ty T
: Name and Title
ATTEST:
APPROVED
City Secretary Date
APPROVED:
_DAY OF 1915
Director of Finance
DAY OF - . 1975
City Attorney
art
i. GRANTEE'S NAME AND AMAMI U.S, UI;I:AATMrN'1r V. ANt NuMotA
NueceS County '-COCA PROGRAM PLANNING SUMMARY*
County Courthouse
C. GFIANT YCAn TYPE OF PROGRAM
Corpus Christi, TX 78401 From TO L ❑ T1111 1 3. M Tille Illoeffli? ......................
7-1-75 6-30-76 P. DLTI(le it .1, 177 Tow v,
Fort REGIONAL OFFICE USE ONLY (PINVAUCTIONS FOII COMPLETING bCCtIONS 1, 11, ANU III
- I IAOD. DATE Sec. 1: A I Erjollnictsij) Is the sum or A.1 and A.2. 8 (Total Turninitict,J) n the sun of n.1 through
COrITnACT KCY B.3!TotCn Planned 2.ruollments) It A minus D.
i'= 6 Sec. III t.nicr In line (a) I:j%iol1nncnt& In each program activity cumulatively through she put yea.,, and in lint
c•- Y. E (b) the nuil,I)ct of planned to he enrolled In each program activity at the C.-.d or each
t: 1� lz� V 1 0 lay should be counted In rich
115 U0 quartet; particitims-i who ,care an
2 MIA (713 21 t.concurtently enrolled In little than one &City
— activity in which they a tolled.
u 10 1 See: 1W tnI11 tht OR111314114t 'MIMlbV of p3tildp-11111 Irlincli it?jImint to be enrolled duritq the "Art yew.
T11 :r pA'tICjI'3ntj'Sj,vuld tic ccui.jtd In As many Intl mit Jel).ricrit 9TOOPS at Axe OPPIR-AbIt•
i�1111 — — J� c
1. (INFIOLLMIINT ANO TV0,41MATION'SUMMARY
I—Aiklr YeAn-M M, rt. P1 AN
AEPOAT
C; MOOD
A.
C t4n L.L.
MEMOS
1, Entoll,
mmil
2. PAIllel.
Pa. I C10A
D. TOTAL
*cIlMiNA-
TION.,
t 'Ing
I Alt
1:600y—
a. Dirdtla.
pit.
b. I k. obuWd
nd'i"t crp,o.
2.
P".1'et
livt
No
Pa 1,11,Nt
C. PLANNCO
(,.d of 4:.. -
6
6
0
0
0
0
0 0
0
0
11
5 6
6
o
—0
0
0
0 0
o
6
6
o
6
0
0
3
7
11 —
3G-
41
nG
51
_,3
50 al
of
71
7U
CETA 1-0,NJTHLY SCHHOULE E3
GnAlir
Gp.A.,;',SE'S MINE AND A13DR=S5.
Nueces County
County Courthouse
Corpus Christi, TX 73401
or
IL FZ�- dis P-3-qn I n=bze of L=UWC1=3 Is 121d
-LdZ-
who inz pray, = Cc"' Or
la. c13Y
off or t_ .
by Lea - ,p,.=r or 2;ent dv-*7
i;�
by thds scheda!3 Cn th-
th.? sE-- r-rnnt!= P;i--- to b--ic; a
(),j - WhO 132',W b--o d--d3r--Z
individual
Tftla R or V-T ft:--ld-d PuBlEz —V'— !04
.7 vi
bra for and are r- Y;
ILL b, counlad hlxqa wha&vr th2r r--t"4
or to jaia with LB XPVA
fh� ,�b. ic Mw=3�
coun 3 -
Sri. ----z sh
1-r r, mid Dew fnb-w 1110U *d a5r
=Bw Cxb, S for th. Y',
is Fact 1c: of the
entries
TiLlz or
)T by t4! 14-
of
Dr Sh.",d�257 �ith thr
.S,pt.ynb.r. and --nbst
• PLA.4j4;iQ To 5
CLJMULATIyM PRQ==,-=
By mo-+•?+
NUMOJER G;r
AT F.,o Op EACH
gG,+-r.4 YEAR
?"O"TH YEAR 6
i Uly
2,751
August 6
5,502
September 6
-8,253
6
October
11,004
November 6
13,755
December 6
January 0
16,508
0
February
16,508
march
16,508
0
April
16,508
0
ra
16,508
0
June
,P,OYED By OR AGENT
Nueces County
' 4
County Courthouse
BUDGET INIFORMATION SUMMARY C. 'rY1'L UP 1'uOGnAM
Corpus Christi, TX 78401
= 1. 0 Title 1 J, 0 Till. m , e. CO TIM VI
L
9. XXi TIIIC 11 f., trrrrifv7 ........................ ...............................
h, roll Ill•CIONA_L OFFICE, USE ONLY
-
CON1tIACT KLY
LL
OATC IICCD.
r{ .So
2 °2
o
09
u
s tJ
4u,
I 'x.161710
?.2
2=
--'
E. BUDGET SUNWARY COST CATECONES '
CRANT Pn00RAM )UNCTION OR ACTIVITY
t:STIM_ATC0 LINLXPCNC1CO
PUNCH
NCW oil RLVISCD (WOOCT
I, TOTAL
b, Feueral
_
C. Non•Feaerll --
� — _.va
d, I'mleral _ _ _
_c. Nun•fCOCNI
r�YZ.c :.:�...__
o.
x�_y�y�Y
— ci:��x_�c•� _rssty
-_
_
3 •?
7
_'3
--
1. Admini+vation
f
0
I 1
2. Aliawanccs
A
Z. les
4f a
a•'•.
+
91
I I 1 I 1114141010
$14,400
6•
•1. Fringe Benefits
I 1 1 121110181
2,108
� x
_
J
Ttatt.itsq
(•-
_ —
Ar
L
91
1 6�5 081
I
16,508
7. Toult
IIL I
I
1
F.
CUMULATIVE
QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES
o. D190
I
•b. 17!91
C. 3131
d. GILD
1 2
31,1 1 1 1 1 1 1 1 !1
J 0 ]'
1
J ?0 ]'1
`7'^
Col.
I. Prtrt. Sr•o -or Obllralbns
C
5
n t
C
n 1 1 I.
s �,j LI I I I
_G
IT_
n �,yI����IG
J_.1.. 1 1 1 1 1 1 J�
D
I_e
I t 1 1 1 1 1 1+
++ I I 1 I+ l I
2. Taal I'to:rcrcd E.. +.perditures by Program
I_
IS)
l I
a. Cia,."om Training, Prime S onset
9
t
1
t
= —
_
G`
s] ]
1 I
b On-the-Job TrainUl
G. r
?G I1�1
Ht
2
•2
1 2]
e. Public Service Employment
C
G 5
.I
O
R
D I, 1 11 1615 1018
'O J I I I I I I I I -I
r
��_I
D C
1^
Is1
J I I I 171¢5 O
I t i t l l t t i
r I I 1 I I 1 it t
I
d. 17ari Eupcncncc
t. Scnicrs to CarsiCipanit
d r
9 _h_I 1 ► 1 1 1 1 1 L
_
to
,1�L
—
--t"1
,fu62
I. C:hrr ACIM1111
9. Pnp•gcd Expenditures for Vocational 1.ducallon )n
SF.cial Oranls to COVPrnorf
_
I
D
G.
] - i9
7
._,
1
—i'-11
9 ���i�ii� I 1191
1-3,
�i
—i
I7_ _9I I —I 1'21
I� ' 1 I 1 t
�{(
: IT],
IC !F•
—H-11 �
^iJ
I I I I I I I 1
11 L`i 1 r r
y 1 hn;rard kspertditures of Y.on•Federa) Funds
Cu,' CtCu,' t.:. o:: }•milt. Net in Prime Apo"t's Grant
c 1 11 I 1 1 1 1 1
5 1 1
I
_LC
1_1'c
1 I I
IJ f1C
" ~ .Punloo LGToal • Pto,teled CxrL•ndlluru
I
L'J
„•L I I I
'
'.1._6
Y.o
Gil
>NUl—!::_-1T5-
M
lING no,171 1 1551
1.6�OE
8�
(1)
(2)
PSE OCCuPATIONA?. SL-:L`LARY
Nueces County
County Courthouse
Corpus Christi, TX 78401
0
OCCOPATIONAL TITLE BY DIPLOYI`G AGE`iCF
DUMBER
CETA MO_
JOB
TOTAL
OF JOBS
loge Pate
DURATION
[:AGES
(A)
(B)
(C)
(D)
(E) I
Light Equipment Operator
6
$480
5 mo.
14,400
1
TOTAL
FR'21GE- •BETEFITS
1. FICA (5.85%)
842
2. Woriaaea's Compeasation
501
3. Other' (Specify) Hospitalization Insurance
765
4. Other (Specify)
5_ Other (Specify) =
Sub —total Fringe Benefits
2,108
16,508
TOTAL OF 1 6 2
IA 2 -200
mar 1974
AP
1 :'7-.
W
ASSURANCES AND CERTirICATIONS
A. General Assurances
1. The applicant assures and certifies that:
a. It twill comply with the requirements of the Comprehensive
'Employment and Training Act of 1973, as amended (CETA)
(P. L. 93 -203, 87 Stat. 839 and P. L. 93 -507, 88 Stat.
hereinafter referred to as the Act, and with- the regulations
and policies promulgated thereunder; and
b. It will comply '%rith 'OM$ Circular nurrmber A -95_ and Federal
Management Circular (FMC) 74-4 and 74 -7, as hose
circulars relate to the utilization of funds, the operations
of orograrixs, and maintenance of records, books, accounts,
anc, other documents under the Act_ -
2. The applicant 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 (ARDIYi) -within 30 days after promuloatioa o£ the
amendments or revision that it cannot so conform., so that
the ARDM may take appropriate action including te==+nation,
if necessary.
3_ In drtet;^__ to the _equiy .._ ats of I and 2 ab ;ve and consi- aat.
with the regulations issued pursuant to the Act, the applicaut
makes the following further assurances and certifications:-
a. It possesses legal authority to apply for the grant; a
resolution, motion or similar actions has been duly adoptsd
or passed as an official act of the applicant's governing
body, authorizing the filling of the application, including '
all understandings and assurances contained therein, and
directing and authorizing the person identified as the
official representative of the applicant to act in conr_ectior_ '
with the application and to provide such additional, infor-
oration as may be required;
0
0
b. It v;i11 comply with Title VI of the civil Rights Acts of 1964,
• (P. L. 98- 35 :1), and in accordance with Title VI of the Act
no person in the United States shall on the ground of race,
color, sex, or national origin, be excluded from partrcipatior_
in, be denied the benefits or, or be otherwise subjected to
discrimination under any program or activity for which the
applicant receives Federal financial assistance, and the
grantee will immediately take any measures necessary to
effectuate this assurance.
c. It will cor_iply �fith Title VI of the Civil Rights Act of 1963,
(42 iJSG 20004) 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 shocl.d he benefiting fro:a t1ae:
grant -aided activity.
r'.:
d. 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 progr.a.=
because of race, creed, color, national origin, sex, age,
political affiliation or beliefs (sections 703(1) and 712)_
e. It will comply with the requirements of the provisions of the .
Uniform Relocation Assistance and Real Property Acquisition.
Act of 1970 (P. L. 91 -636 and FMC 73 -7 issued thereunder)
which provides for fair and equitable tecatraent of persons
displaced as a result of Federal and federally assisted progrzms_
f. It will comply with the provisions otthe Hatch Act whichli.=at
the political activity of employees_
g. It will comply with the requirement that no prograwn. under
the Act shall involve political activities (section 710). .
h. It will establish safeguards to prohibit employees from using
their positions for a purpose that is or-gives the appeacanee:
of being motivated by desire for private gain for- thernselves'
or others, particularly those with whom. they have family,
business or other ties (section 702(a)). •
i. It will give the Department of Labur and tlie- Comptroller
_ General, through any authorized representative, the access
to and the right to examine all records, books, papers or
documents
related to the grant (section 713(2)).
0 . 10
j. Participants in the program will not be employed on One
construction, operation o. maintenance of that part of any
facility which is used for religious instruction or worship
(section 703(3)).
k. Appropriate standards for health and safety in work and
training situations will be maintained (section 703(5)).
1. 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 aoplicaat (section_ 70301)_
rn. Provision_ of appropriate workman's compensation to all partic-
,•
ipants in on -th.e -job training, wor'_- e.cperiencz or public service
employment activities and appropriate insurance for all p=_rtiic-
ipants in classroom training, services to clients, or other
activities (section 703(6)).
n.
The program wiU not result in the displacement of employed'•
workers or irr_pair existing contracts for services or result
in the substitution of Federal funds for otixer funds in
connection with work that would otherwise be performed
(section 703(7)).
o.
Training v:ill not be for any occupations v,rhich require less
than two weeks of pre - employment training, unless immediate
employment opportunities are available in that occupation
(section 703(8)).
p.
Training and related services A31, 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 (sections 703(9), 105(a)(6))_
q_
Institutional skill training and training on the job shall
only be for occupations in which: the Secretary or the prime
sponsor has determined there is reasonable expectation for_
. r
employment (section 703(10)).
r,
CETA funds will, to the extent practicable, be used to
supplement, rather than supplant, the level of funds tinat
_
would otherwise be a•railable for the planning and adrninistration
_
of programs under the eligible aoplitant's grant (sec_ 703(11)).
o
S. It :,ill s ::b ^it reports as required by tine Sec -I-etarY and will
maintain records and provido access to tlrcm as huccssar-y for
the Secretary's review to assure that funds are being expended
in accordance vvitn the purposes and provisions a, the Act.
including the maintenance of recerds to assist the Secretary
in deterriining the e>:tcnt to vrhicli tile program Heels the special
needs o: disadvantaged. chronically unemployed, and lo•.% income
persons ro:• ra:eaningful employment opport:,Mities (sections 703(12)
and 311(c)).
t. Tire program Trill, to the maximum eYter.`_ feasible, Contribute
to the occupational development or up.•rard mobility of
individual participants (section 703(13))_
u. The program has adequate administradve and acccuntL-tg controls,
personnel standards, evaluation procedures, availabiiity of Ln-
service training and technical assistance programs, and other
policies as may be necessary to promote the effective use
of funds (section 703(11)).
v. Tile P- ro,ram makes appropriate provision for the manpower needs o, o youuz in the area served (section- 703(15), and Will
assure that:
(1) Individuals receiving training ca t°ie job shams be
compensated by the employer of -such rates, Lzcludina
periodic incre=ases, as maybe deemed reasonable under
regulations prescribed by the Secretary, but in no
event at a rate less than that specified in Section s(a)f11
of the Fair Labor Standards Act of 1938 or, if higher
mini- rnu73y,.,rage law
• under the applicable 5tzt„ o or local -r„
(section 111(b)).
(2) Persons employed in public service lobs under this
Act shall be paid ,.•rages which shall not be iower tharr -
Whichever is the highest of (a) the minimum ,.;age Which
would be applicable to the em loge &u= dez-ilie Fair Labor
Standards Act of 1933, if Section 6(a )(1) of such title
applies to the participant and i"f lie vre re not exempt under
section 13 thereof, (b) the State or 10 cal Ini:u�"num ,cage
for the :ost nearly coir_parable sove� ed employrzent, or
(c) t�Le prevailing rates of pay for persons employed in
si*nilar public occupations by the sam- employer
(section
vr. It v.ill compiy with the labor standards requirements set
out in section 705 of the Act.
N�
I� O
x. Services and activities prodded under this Act will be
administered by or under the supervisor of the applicant
(sections 105(a)(1)(B) and 205(c)(1)).
$. Additional Assurances for Title I Pro rants
In carryina out proor= -rns under Title I of the Act, the applicant
assures and certifies that:
1. Manpower services, including job development, will
be provided to those most in need of them including IOC"
income persons and persons of limited English- speakir_o
ability, and that the need for continued funding of proorarns
of demonstrated effectiveness is considered in serving
such persons (section 105(a)(1)(D)).
2. programs of institutional. shill training vrill be designed for
occupations in which skill shortages exist (section 105(a)(b))„
3. The plan meets all the requirements of sect o t 105(a.) and faze
applicant will comply with 211 provisions of the Act (section
-� 105(b)).
4. It will make such arrangements as are prescribed by- regulatiorL
to assist the Secretary in carrying out his responsibilities
and °r sections 105 and 108 of the Act (section 105(a1(7))_
5. Special conside -ration will be viven to the needs of eliQ;hl?
disabled veterans, special veterans, and individuals no
served in the Armed Forces and who receive other than a
dishonorable discharge within 4 years before the date of their
application. Each prime sponsor in selecting participants for
prograrns funded under Title I of the Act, shall take into
consideration the extent that such veterans are available irt.
the area. Specific effort should be made to develop appro-
priate full or part -time opportunities for -such veterans-
The prime sponsor should utilize the assistance of the State
and local veterans ernployrnent service representative in
fornulatina its program objectives.
On a continuing and timely basis, it -fnrrn--t:.oa on job. vaca :ties
_ and training opportunities funded under Title I of the Act shall
be provided to the State and local veterans employment service
representative for the purpose of dissemir_atinj ir_formation-to
eligible veterans (,ection 10 -.(b) of Emerger_cy Jobs and Un-
emnloymen`_ Assitar_ce Act of 1974)-
.0
�o
Addition tl Assurances Relating to Public Service EmployrlenE programs
r
For public service ernoloymer.t activity, the applicant further
assures and certi €ies that:
1. Special consideration will be given to the filling of jobs which
provide sufficient prospects for advancement or suitable continued
employment by providing complementary training and manpower
serN, ices designated to (1) promote the ad«ancement of participants
to employment or training opportunities suitable to the individuals
involved, whether in public or private sector of the economy
(2) provide participants with shills for which there is an.
anticipated high demand, or (3) provide participants With sell-
development s_ Lis; except where exempt under the provisions
section 60=• of the Act, provided however that nothing coatained
in this paragraph shall be construed to preclude persons or
programs for whom the foregoing goals are not feasible or
appropriate (sections 205(c)(4) and 604)_
2. To the extent feasible, public service jobs shat be provided
in occupational fields which are most likely to expand witai.a
the public or private sector as the ur_ernployment rata receds-sr
except where exempt under Section 604- of the Act (sections 205
(c)(6) and 603).
3_ Special consideration in filling transitional public service jobs
will be given to unemployed persons who are the most severely.
disadvantage in terns of the length of tfMe t hey have been
unemployed without assistance, but such special considerat*i a
shall not authorize the hiring of any person is on Iay -off frog._
the same or any substantially equivaLee.t jou ( su=ction. Z:.r(eA'C, --
4. No funds will be used to hire any person to fill a job opening-
created by the action of an employer in laying off or terminating
the employment of any other regular employee not supported under
the Act in anticipation of filling the vacancy so created by hi-ring
an employee to be supported under the Act (sectiaa 205(c)(8))_
5. Due consideration_ win be given to persons wha Have participated
in maapo:ver training programs for w1horrL eroplay neat oppartt.n:t =%
would not be otherwise immediately availabLe (section 205(c)(0t)).
-6. Periodic review procedures established pursuant to section Z47(a)
-• of the Act will be complied with (section• Z05(c)(17)).. -
r
v
7. 1lgcncies and institutions to :Whom finanrial assistance is nuedc
available und'ar this title have undertaken or will undcrt<t_c,
anal; scs of job descriptions and rrr.valuations and, vrh_rc
shorn necessary, revisions of qualification requiretaents at all
levels of employment, including civil service renuiremcnts
and practices relating thereto, in accordance with regulations
prescribed by the Secretary, with a vievr to:<<ard removing
artificial_ barriers to public employment those whom it is
the purpose of the Act to assist (section 205(c)(18)).
8. l:cher e appropriate, it will maintain or provide linkages vride
upgrading and other manpo:ver programs for the purpose of
(1) providing- those persons employed in public service jobs echo
;rant to pursue work with the employer, in the same or similar
work, with opportunities to do so and to find permanent, up.vardly
mobile careers in that field, and (2) providing those persons
so employed who do not ;dish to pursue perrnar_er_t careers in
such field, with opportunities to seek, prepare for, and obtain
work in other fields (sections 205(c)(19) and 60�1-)_
9. The program. ;rill, to the maximum extent feasible, conLib::te
to the elimination of artificial barriers to employment and
oc:.upational advancement, i lauding- opportunities for the dis-
advantaged (section 205(c)(21)).
10. Not more than one -third of the participants in the prograra :Will
be employed in a bona fide professional capacity (as such term
is used in section 13(a)(1) of the Fair Labor Standards Act of
1938), except that this paragraph shall not b--- applicable in the case
of participants employed as classroom. teachers, and the Secretary
iiiay v;aive t=i-is li;a.itatio!i _u exceptiuua.Lcircumstaaces tseeaon 205.
(c)(22)).
11. Jobs will be allocated equitably to local gover=ents and agencies
taking into account the number of unemployed persons tivith! their
jurisdictions and the needs of the agencies (section 205(c)(23))-
12.- The jobs in each job category in no way infrir gre -upon the
promotional opportunities which would other;rse be available
to persons currently employed icz public servrce jobs not svl3-
sidized under the Act, and assure that no job will be filled
in other than an entry level position in each job category
.until applicable personnel procedures and collective bargaining
agrees =eats have been complied :With. (section 205(c)(2Q)_
13. Jobs are in addition to those that irould be• funded by the sponsor
in the absence of assistance under the Act (section 205(c)(25))-
D. Ad:itional hssu -trice for Title 11 Pr'Ogram s- AIL assurances in
- �--
' C: al�d>�: ^ an,�.} •o actcv es turcfecl ut:dcr Title ll. In addition, Ct:c
applicant :dill assure that: (1) Only persons residing within the
areas or suits'snti-al unemployment qualifying for assistance will be
h°_: ed to fill joys c_ eated under Title Ti of the Act and the public
services provide,4 by such jobs shall, to the extent feasible, be
designed to benefit the residents of such. areas (section 205(c)(3)).
(2) All persons employed under any program, other than necessa. y
tecinnical, sine_ v:sory, and administrative personnel, will be selected
2,- ong Une; .'_ yed and underemployed persons (section 205(c)(20))_
(3) Special cons-1, ice_ ation shall be given to eligible disabled veterans
special veterans, and individuals who served in the Armed Forces
and ., ho received other than a dishonorable discharge viithin four
years before the d=ate of their application. Each eligible applicant
selec'ang partcipants for programs funded under Title II of the
Act, shall t2ke into consideration the extent that such veterans
are available in the area- Specific effort should be made to develop
appropriate full or part -time opportunities for-such veterans_ in
order to insure special consideration for veterans, all public
service err ployrnent vacancies under Title II, except those to vinich-
former e?r_ploy ees are being recalled, must be listed with the
State etnploy_ner_= service at least 4a hours before such vacancies
are filled. During this period, the employment service vrfll refer-
those veterans specified above. If sufficient numbers of veterans
are not available, the employment service, upon request, may
also refer rnembers of other significant segments. All other apply
cants are to be referred after tl-he'48 hour period (section 205 {c)(5) }_
is h eiioi.,ie zpplic�it sleall, on a'cont*_naing and tiraely basis„
provide inforr..a _ion on job vacancies and training opportunities funded
under Title II of 7'ne Act to State and local veterans employment
representatives and to other veterans organizations for •J7_e purpose -
of disseminating information to eligible veterans (section 104(b)
of Emergency Jobs 2nd Unemployment Assistance Act of 1974)_
E. Additional Assurances for Title VI Pror rams. All assurances in C
above apply to ac r:!ttes funned ander-TULe VL In addition the
applicant -will ass_re that:
1. Only persons residing in the area- served by the eligible applicant
under Title �Ii of the Act will be hired to fill jobs created
_ under' &.e Act and that the public services provided by such jobs
shall, to the extent feasible, be designed to benefit the residents
of such areas except that funds allocated under Title V1 of the
Act (section SJ.i(a)(2)(B }), to an area of substantial unemploymer_t'
shall only used to provide project and program opportunities
to perso :is - =siding in those areas of substantial unemployment
(section
o
2, All persons employed under any prop.. -am, other than necessary
technical, supervisory and administrative personnel, will lie
selected from among unemployed an•:1 underemployed persons
and that under Title VI preferred consideration shall be given,
to the maximum extent feasible, consistent vrith provisions
of the Act, to une, ^.jployed persons -,vho b ;:e exhausted unemploy-
ment insurance benefits, to unemployed persons who are not
eligible for unemployrnent insurance beneifts (except for persons
lacking work experience) and to unemployed. persons who have
been urernployed for 15 or more weeks_
F. Special Certification for State Grantees_ A State grantee further
assures and certifies that it will corzply walm the reguirea± eats
and provisions of section 106 and section. 107 of the Act_
ASSLB_ANCES AND CERTIFICATIONS
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 application has been fully authorized_
County Courthouse
Nueces County
Corpus Chri _tom, TX 78401
(LEGAL NAhfd OF APPLIC10T)
_
(ADDRESS)
A
v
(SICN.),TURE OF AUTHORIZED OFFICER)
Robert N. Barnes, es County Judge
(TYPED N,L-1E AND TITLE OF
(DATE OF APPLICATION)
AUTHORIZED OFFICER)
'
SPECIAL CLAUSES
TABLE OF CONTENTS
1. CHANGES ................... ...........................Page 1
2. PiONDISCRIMINATION ......... ...........................Page 2
3. CHILD LABOR ............... ...........................Page 2
4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3
5. TRAIIM OR ENROLLEE WAGES ...................... ....Page 4
6. TERMINATI011 OF TRAINEES OR ENROLLEES ............:....Page 4
7. TERMINATION ............... ...........................Page 5
8. TERMINATION FOR CONVENIENCE ..........................Page 10
9. CONSTRUCTION AND BUILDING REHABILITATION .............Page 12
10. LISTING OF EMPLOYMENT OPENINGS ....................'....Page 13
11. - DEVIATIONS ................ .....................:.....Page 15
12. DISPUTES... ............... ...........................Page 16
13. SUBCONTRACTING ............ ...........................Page 16
14. COURT ACTIONS ............. ...........................Page 16
15. ORDER OF PRECEDENCE ........ ..........................Page 17
16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18
SPECIAL CLkUSES
1. CHANGES
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 sore 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
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 /SubgranteeIs cost of, or the time required for, the per-
formance of any Dart 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 /Subgrantee
in attempting to comply with such defective specifications.
e. If the Contractor /Subgrantee intends to assert a claim for an equitable
adjustment under this clause, he must, within 30 days after receipt of a written
change order under (a) above or the furnishing of a written notice under (b)
above, submit to the Prime Sponsor's Contracting Officer a written statement
setting forth the general nature and monetary extent of such claim, unless
this period is extended. by the Prime Sponsor. The statement of claim hereunder
may be included in the notice under (b) above. Where the cost of property
made obsolete or excess as the result of a change is included in,the
Contractor' s/Subgrantee Is claim for adjustment; the Prime Sponsor's Contracting
Officer shall have the right to prescribe the manner of disposition of such
property.
f. No claim by the Contractor /Subgrantee for an equitable adjustment
hereunder 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 meaning 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. NONDISCRIlffNATION
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 nlxi-
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.
o
4. EQUAL OPPORT PIITY CLAUSE
During the performance.of this contract, the contractor agrees as.follows:
(1) The contractor. will not discriminate against any employee or appli-
cant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or'other forms of compensation; -and selection for
training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employ-
ment, notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualifiEd applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representa-
tive of the contractor's commitments under section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants
-for employment.
(4) The contractor will comply with all provisions of Executive Order 11.246
of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regula-
tions, end orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event.of the contractor's noncompliance with the nondiscrimina-
tion clauses of this contract or with any of such rules, regulations,
or orders, this contract may be canceled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance 'with procedures authorized
v
o
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 law.
(7) The contractor will include the -provisions of p= ragranhs (1) through
(7) in every subcontract or purchase order unless'exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract.
or purchase order as the contracting agency may direct as a means of
enforcing such provisions including sanctions for noncompliance:
Provided, however, That in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a 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 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:
1. The minimum rate required under the Fair Labor Standards Act including
any 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 local laws if it is higher than that stated in Item
Number 1 above.
6. TEPsIPtATI0t1 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 improvement
of performance and consultation with the Contracting Officer by the training
facility for substandard or Unsatisfactory progress or conduct. Termination
of trainees or enrollees will be governed by disciplinary and grievance pro-
cedures approved by the Contracting Officer or his duly authorized representa-
tive: Provided, That in training facilities operating under a collective
bargaining agreement, disciplinary and grievance procedures provided in such
an agreement and applicable to trainees or enrollees covered by this contract,
shall govern.
7. TERbILOV
t ermina may be
by the Prime Sponsor in accordance with this clause in
whole, 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 Contract or /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 b
the Prime Sponsor. est interest of
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
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 s
be governed accordingly. uch event
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 the
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 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 pert, 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 /Subgraatee (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 se
or paid in such other manner as the Prime $bgnsor's Contracting Officer may
direct;
d. Subject to the provisions of paragraph (e), 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 the 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 / Subgrantee shall be paid 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 cost and fee,
or as to the amount of the fee, to be paid to the Contractor /Subgrantee s
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 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;
(li) 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;
(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:
(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 CrR 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.
contract /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 Contract or's/Subgrantee Is
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. TERMINATION FOR CONMJIENCE
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/Subgrant 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/
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
(f) The Prime Sponsor may from time to time, under such terms and
conditions as it may prescribe, make partial payments against costs incurred
by the Contractor /Subgrantee.in connection with the terminated portion of
this contract /suhgrant 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 o£ 6 percent per
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 /subgraat had been completed, would have been
required to be furnished to the Prime Sponsor, including;
(1) Completed or p
information; and artially completed plans, drawings, 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 S
direct. ponsor's Contracting Officer may
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. CONSTRUCTIOPT ADID 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.
6 0-
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 Con' ractor / Subgrantee under the orders and subcontracts
so teridnated, 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. 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
Contracior/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-
MENT 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/ Subgrant ee 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 c ontract /subgrant and the Con -
tractor/Subgrantee shall be paid the agreed mount.
.10. LISTING OF EMPLOYMENT OPENINGS
(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 the
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable emplcyment openings of the contractor which exist at the time
of the execution of this contract and those which occur during the performance
of this contract, including those not generated by this contract and includira
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 local office of the State
employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $10,000 or if it is with a
State or local government the reports set forth in paragraphs (c) and (d) are .
not required.
(b) Listing of employment openings with the employment service system pur-
suant to,this clause shall be made at least concurrently with the use of any
other recruitment service or effort and shall involve the normal obligations
which attach to the placing of a bona fide job order, including the acceptance
of referrals of veterans and nonveterans. This listing of employment openings
does not require the hiring of any particular job applicant or from any paztic•�.ar
group of job applicants, and nothing herein is intended to relieve the Contractor
from any requirements ir any statutes, Executive orders, or regulations regard = =3
non-discrimination in employment.
(c) The reports required by paragraph (a) of this clause shall include, tit
not be limited to, periodic reports which shall be filed at least quarterly wish
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 service. Such
reports shall indicate for each establishment (i) the number of individuals who
were hired during the reporting pe:-iod, (ii) the number of those hired who were
disabled veterar.3, and (iii) the number of those hired who were nondi.sabled
veterans of the Vietnam era. The contractor shall submit a report within 30 days
after the end of each reporting period wherein any performance is made under t- s
contract. The Contractor shall! maintain copies of the reports submitted until he
expiration of 1 year after final payment under the contract, during which time
they shall be made available, upon request, for examination by any authorized'
representatives of the Contracting Officer of of the Secretary of Labor.
(d) W'rerever the Contractor becomes contractually bound by the listing
provisions of this clause, he shall advise the employment service system in eazh
State wherein he has establishments of the name and location of each such esta--
1_shment in the State. As long as the contractor is contractually bound to
these provisions and has so advised the State employment system, there is no need
� o
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 clmm a does not +apply to the listing of employment openings
which occur and are filed outside of the 50 States, the District of Columbia,
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 customay and
traditional employer -union hiring arrangement. This exclusion does riot 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 nonproduction;
plant and office;, laborers and mechanics; supervisory and nonsupervisorr; technical;
and executive, administrative, and professional openings which are compensated on
a salary basis cf less than $18,000 per year. The term includes full -time employ-
ment, temporary employment 6f more than 3 days' duration, and part -time employment.
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 -union
hiring arrangement.
(2) "Appropriate office of the State employment service system" means
the local office of the - Federal- -State national system of public c - 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 Common -
wealth of Puerto Rico, Guam, and the Virgin Islands:
(3) "Openings which the Contractor proposes tor fill from within his pan
organization" -means employment. openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, -
subsidiaries, and parent companies)-, and includes any openings which the Contractor
proposes to fill from regularly established "recall" or ."rehire" lists.
(4) "Openings which the Contractor proposes * * * to fill pursuant
to a customary and traditional employer -union hiring arrangement" means employment
openings for which no consideration will be given to persons. outside of a special
hiring arrangement, including openings which the Contractor proposes to fill from
union halls, 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.
o o
(6)' "Veteran of the Vietnam era" means a person (A) who (i) served
on active duty with the Armed Forces for a period of more than 180 days, any
part of which occurred after August 5, 1964, and was discharged or released
therefrom with other than a dishonorable discharge,, or (ii) was discharged
or released from active duty -Soh- e3 saisat --ity if any part of
such duty was performed after August $, 1964, and (B) who was so discharged
or released within the 48 months preceding his application for employment covered
by this clause.
(h) If any disabled veteran or veteran of the Vietnam era believes that t -_
Contractor (or any first -tier subcontractor) has failed or refuses to comply :_th
the provisions of this contract clause relating to giving special emphasis in
employment to veterans, such veteran may file a complaint with the veterans'
L
mployment representative'at a local State employment service office who will
attempt to informally resolve the complaint and then refer the complaint with- a
report on the attempt to resolve the matter to the State office of the Veterz =s'
Employment Service of the Department of Labor. Such complaint shall then be
promptly referred through the Assistant Regional Director for Manpower to the
Secretary of Labor who shall investigate such complaint and shall take such
action thereon as the facts and circumstances warrant consistent with the ter--s
of this contract and the laws and regulations applicable thereto.
(i) The Contractor agrees to place this clause (excluding this paragraph (i)
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 contrast is to be signed, and shall set forth the
reasons for the request.
12. DISPUTES
a. Except as otherwise provided in the contract /subgrant, any
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 writing
and mail or otherwise furnish a copy, thereof to the Contractor /Subgrantee.
i 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/
Subgraztea 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 admi.nistiative official, representative,
cr 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 CETA Program.
15. ORDER OF PRECEDENCE
In the event there are inconsistencies or conflicts in'the grant
and /or contract, unless otherwise provided, thereon, the inconsistencies
shall 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. FMC 74 -7
5. FMC 74-L
6. The Comprehensive Manpower Plan as stated in the grant as
applicable to each title.
16. Motions passed by the Consortium Executive Board:
June 13, 1974
1. That each program that is approved have an approved wage
scale derived from a comprehensive wage study conducted in
their areas and also that each program have an approved
Affirmative Action Plan.
June 17, 197L
2. That the maximum salary under CETA monies, for one year,
not exceed $15,000 and that those agencies involved in
those programs, provide the extra monies, if there is a need,
to augment the yearly salary.
3. That each program be allowed 12¢ per mile travel expense.
4. That out -o£ -area travel for each program not exceed $25 per day.
June 27, 1974
5. AIWD:•{s�"a'P TO APPROVED 140TT_ON iii (6-17-74): That each CETA
employee be allowed a maximum of 12¢ per mile car allowance
I
or all authorized travel.
6. That it is strongly recom:nerded that 50 percent of all
employees of all funded agencies be professional and 50 per-
cent be paraprofessional and delete the part that 50 percent
paraprofessional meet the poverty guidelines.
June 2, 1975
7. That no contractor exceed 17% for administrative cost.
8. AMENDIUNT TO APPROVED .DTION n4 (6- 17 -74)= That all out -o£-
area travel for any program have clearance by the staff.
July 17, 1975
9. AMM;DI�MT TO APPROVED I)TION 45: Allowance of up to lb¢ per
mile for travel.
n-
AVAILABILITY OF FUNDS CLAUSE
The prime sponsor's obligation hereunder is contingent upon the
availability of appropriated funds from which payment for the contract
purposes can be made. No legal liability on the part of the prime
sponsor for payment of any money shall arise unless and until funds
are made available to the prime sponsor for this procurement and notice
of such availability, to be confirmed in writing by the prime sponsor's
Contracting Officer, is given to the contractor.
This request does not commit the prime sponsor to pay for costs
incurred in the submission of a proposal or for any costs incurred prior
to the execution of a formal contract unless such costs are specifically
authorized in writing by the prime sponsor's Contracting Officer.
GERTIFICATION
FOR
t.4SH DEPOSITORIES
FM 74-7 ATTACEMENT_ A - Paragraph 3
O
The undersigned hereby certify that:
"Any moneys advanced to the State or local governments which are determined
to be public moneys (owned by the Federal Gover=ent_) must be deposited in
a bank with FDIC insurance coverage and the balances exceeding the FDIC
coverage must be collaterally secure, as provided for in 12 U.S.C. 265.
Bank Name Citizen's State Bank
Name NueC.2 � uj4
P. 0. ox 4007 Co us risti. TX
Corpus Christi, TX 78401
78408
_
. (St Cure)
(Signature)
August 20 1975
(Date)
(Date)
James T. Wright Jr.
Robert N. Barnes
(Type Name)
(Type Name)
President
County Judge
(Title)
(Title)
o
t\CR zm i`TT FOR SPECLU BANK ACCOM
The Nueces Countv hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and Citizen's State Bank
a banking corporation located at 2402 Leopard Corpus Christi, TPac
hereinafter referred to as the Bank, hereby mutually agree-as'follows:
1. As a condition to the making of advance or supplemental payments
under the Contract-.No. dated
between the contractor and the prime sponsor amounts advanced to the
contractor by the prime sponsor shall be deposited in the account
established at'the bank, designated as the " Title II Program
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 Sept. 21, 1950; 64 Stat. 872 as
amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract --
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 as
authorized to incur and pay costs on behalf of the contractor,
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 supple -
mental payments made to the contractor, which lien shall be superior
to any ]:Len or claim of the Bank with respect to such account.
5. Upon receipt of written directions from the program agent 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 accord —
dance with such written directions.
6. In the event of the service of any writ of attachment, levy, or
execution, 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
Spacial 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.
0 0
8. All moneys deposited in the Special Bark Account are public moneys
subject to the requirements of Title l2 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
the aforesaid public moneys as required by the regulation of the
Secretary of 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 B
BANK COLLATMAL
BANK NAME B
BANK COLLATEFkL required, based upon
estimated maximum bank balance, (excludir,
Citiz R 's St # e B Ak F
FDIC-coverage of $40,000, is
GN
DA T $
Tpg rlkE /
James T. Wright, Jr.
TITLE
President C
CONTRACTOR USE
ADMINISTRATIVE UNIT C
CONTRACTOR'S NArfE
Nueces Count
SIGNATURE D
DATE S
SIGNA,T�URnE�' . -/ D
DATE
e *-'e �
/ e
a o
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of X44,951
is hereby authorized.
Subsequent payment must be requisitioned monthly on a form prescribed by
the Administrative Unit in conformance with federal requirements as outlined
in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive
Employment and Training Act of 1973.
Such payments will be made based upon the monthly submisslon of financial
reports and cash requisitions to the Administrative Unit documenting prior
expenditures and anticipated expenditures for a period not to exceed 45 days,
the first day of which shall be the first day of the month in which the report
is due.
All initial and subsequent advance payments will be made without interest.
The contracting officer hereby determines that the making of such advance
payments without interest is in the public interest.
CERTIFICATION OF ACCOUNTABILITY
Under the provision of the Comprehensive Employment and Training Act of 1973,
the Secretary of Labor has the responsibility of requiring that Contractors
receiving Federal Funds under the Act maintain financial records to fully account
and control such funds. To provide the Secretary of Labor with the necessary
information, the following items of information are to be completed and submitted
with the Contract.
1. Name, Title, & Organization of Chief 2. will the Accounting System be
Financial Officer directly maintained by you?
QCheck if one has not been appointed M Yes E] No (If- No, who will
or designated. maintain the account-
ing system?
Thomas B. Murphy Name and Address
Nueces County Auditor Nueces County Auditor
919 N. Chaparral
3. Are you Familiar with the Department of Laoor auaiu requlremeacs:
® Yes r_1 No
4. Description of your Financial Accounting System (Indicate whether the system is
manual or automated and describe how it will meet the record keeping, reporting,
and accounting requirements of the Manpower Administration.)
Automated data processing, accounting system on cost paid basis
will be used.- Monthly program cost print outs will be made to
meet Department of Labor requirements. Estimated occurred cost
will be recorded to maintain up -to -date cost information.
USE CONTINUATION SHEET IF NECESSARY
CEPTIFICATION: I certify that to the best of my knowledge and belief this report is
correct and complete
Name and Title of Authorized Official Telephone No. and Area Code
Robert N. Barnes, County Judge 512/882 -6221
Date of Execution
BONDING REQUIREMENTS
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond covering those persons.
o
1'0
BONDING REQUIPMMUS INISTRUCTIO-14S.
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond co-vering those persons.
17'6 e- 165- Co - S-,
Te.45a -,r
&OVr 7-X6XIA5 6, XA�,AY
t r eJL75
WESTERN-(S COMPANY
Ci+ GACiaw "'ei�Y /,^ k z s
PALO a4 °' SFtLy�,
OFFICIAL BOND AND OATH
THE STATE OF TEXAS
ss
County of Nueces i1
KNOW ALL '_MEN BY THESE PRESENTS- Bond No. 1446575
That eve, Dave Chappell
as Principal, and
the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas,
as Surety, are held and bound unto, County Judge
his successors in office,
in the sum ofz ------ -Fifty Thousand and no /100---- - - - - -_
(5- 502000.00 )DOLLARS,
for the payment of which we hereby bind ourselves and our heirs, executors and administrators,
jointly and severally, by these presents.
Dated this 12th day of November 74.
' 19 --
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above.bounden•
Principal was on the day of
, 19_, duly
I£IeclM- .�ppo,ntedl to the office of County Treasurer in and for 1 Nueees
County; State of Texas, for a term of 4 years commencing on the 1st
• day of
January , 1975 ,
NOW THEREFORE, if the said Principal shall well and faithfully perform and discharge all the
duties required of him by law as the aforesaid officer, and shall4 faithfully execute the duties
of his office and pay over according to law, all moneys which shall *Come into his
hands as county treasurer, and render a true account thereof to said court at eack
regular term of said court.
then this obligation to be void, otherwise to remain in full force and effect: n
Principal
WESTER SURETY COMPANY
By
D. A. KVERN , Ice e
ACKSiOWLEDGMENT OF PRINCIPAL
THE STATE OF TEXAS )
ss
County of Z/ 1, C:Z' P-S js
Before me, - l - e' S G i (� ,d �P c L L_
on this day, personalty appeared
- 22 4 22 -(�k -own to me to be the person whose name is subscribed
to the foregoing instrument and aclmowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office at �� fJ O �� //)i S Texas,
this / s day of /�i4 Asti I y /
, 19?:LJ'7
SE 1L L r5 <•
X /, e k c County, Texas
i-
(COUNTY CO;vIIiISSIONERS and COUNTY JUDGE)
do solemnly swear (or affirm) that I will faithfur k
execute the duties of the, office of
of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution
and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I
have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to con-
tribute any money, or valuable thing, or promised any public office or employment, as a reward for
the giving or withholding a vote at the election at which I was elected; and I furthermore solemnly
swear (or affirm) that I will not be, directly or indirectly, interested in any contract with or claim
against the County, except such warrants as may issue to me as fees of office. So help me God.
Signed
Sworn to -and subscribed before me at , Texas, this day
19_.
SEAL
OATH OF OFFICE
(General)
County, Texas
I D A �, ._ 7' 5_ Q A/ A p O c'- e- ` , do solemnly swear (or affirm) that I will
_ faithfully execute the duties of the office oft/"/,' ✓ // •�? .z 2 ,
of the State of Texas, and will to the best of my ability preserve, protect and defend the Constitution
and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I
have not directly nor indirectly paid,, offered, or promised to pay, 'contributed, nor promised to-con-
tribute any money, or valuable thing, or promised any public office or-employment, as a reward for
the giving or withholding a vote at the election at which I w lected. So help me God ^ '
1
• Sign
Sworn to and subscribed before me at t v ?o., s 6,rle 1 5 %/ , Texas, this f / day
of � T4 . A -- , 197
Ave—. 74 p' 0,� , c.
SEAL ti y < <*- S County; Texas
THE STATE OF TEXAS
County of
LNUECES ss
The foregoing bond of DAV — S. CHAPPELL as
COUNTY TREASURER in and for NUECE, County and State of Texas,
this day approved in open Commissioner's Court.
ATTEST: Dater JANUARY 2 , 1s 75
MARTON IIEHLINGER Clerk County Judge;
County Court IRTUCES County tRJ'CES County, Texas.
By: fLGa,
SS
C "�,- of 11ART027 UFIaT.TNt x R County Clerk, in and for said County, do
hereby certify that the foregoing Bond dated the 12TH day of NOVEMBER
with its certificates of authentication, was filed for record in my office the 9NTI day of
JANUARY , 191.5, -- --- xxvxk� M scxx�, and duly recorded the l 4TN
day of _ JANUARY- r lg a� xksrxxxx o>s�cxxx��, in the Records of Official Bonds
of said County in Volume 9 on page-- 497 /47R,
WITNESS my hand and the seal of the County Court of said County, at office in
CQRP jS C'>-?RTSTT , Texas, the day and year last above written.
MARION UEREINGER Clerk
By %�? Deputy County Court NUECES County
OFFICIAL BOND REQUIREMENTS
OFYMAL
2. A-MOUNT
1. TO WHO'.H
APP Roy=
Art, et
C CONDITIONS
FAYWIS
BY
Statutes
D•sttct
I 53,000.
Governer
Distnet
3y3
•'WIII faithfully pay o,- Sn Lie myaner prroalbed
Attorney
Judge
by law, all money which he may collect or which may
Ii
come to hi3 hands for the State or for any county."
County
5..',500.
Governor
Cottlmisuaaer's
330
"That he will faithfully pa over 1. the tmrmer pee•
At--y
Court
scribed by jaw alt mo eys which he may —Loci of
wtueh may sine to his hands for the State or any
c unty:
County Judg.
•11.000.-
County
C omlvwods
1928
"That he wW pay o er to the Tenon or .Rion en•
lo,oW.
Treasura
'
Court
and
3998
tlllee to reeefve it, all moneys that tray come into hit
hands as county judge, and that he w1U pay over U
his aunty all moneys illegally pall to ltlm out of
county fund; as voluntary Paymenle or otherwise, and
that he will not vote or give his totueltt to pay out
county funds except for lawful purposes,'•
County Clerk
•33.000_
I:evemer
Commlssbea
1937
"For Life safekeeping of the records and the faithfu
10,000.
Court
dixharfg f the duties of his office, and further
it U..ed that said clerk will IsaY over to his county all
_
.- illeff.11
paid to h(rlt t f She sooty SUMS,
as voluntary __.ft Or eth—t-
Auditor
35.000. 6 up
nuu1et ,I
Dist -:R
1649
"For the faithful perfoersaoce of his dutMa,••
_
Judgels)
J -9.13)
County
Fixed by the
County
Contuaissioner s
1704
"Shall faithfully execute the duties of his office and
Treasurer
Commissiorla's
Judge
Court
and
pay over according to law, all moneys which shall coma
Court
5498
into his hands as county treasurer, and render a true
ant theeof to id court reg
at each ular a
trn of
pi° said court."
District clerk
55.000.
Governor
Con- eLssbtura
court
169'!
a.:d
"For the faithful di ifv oe the d.U— al his rM—C
s993
County School
$1,000.
Commissioner's
C.—WEe e.
2689
"Upon the faithful performance of his duties.^
Superintendent
Court
court
and
'
5998
County
•SSW:
Not stated
Comrnisdoaer's
5234
-Mint he will faithfully perform the duties of his
Surveyor
10,000
fsugzested to
and
oific'.•.
County Jude.)
3993
Hide and
•31.900:
County
Commisabnda
6913
'• .t he shall well and truly perform the dude of
Animal Inspector
10.000.
Judas
Court
his office."
' Sheriff
tss,WO-
Governor
ebmmlsslopsea
6866
"That he will account for and pay ever to the per.
70,000.
Court
soar authorized by law to receive the same, all lintel,
forfeitures and penalties that he may collect for the
use of the State or any county, and that he will well
and truly execute and make due return of all proeets
'
and precepts to him lawfully directed, and pay over all
sot money coil -- by him by Write of any such
yroeeaa or precepts, to the I-- to whom the v
c due, or thc,r lawful -tram—, and that h. win [a —
[ally perform all such duties a may b. tequheA of
that he wW pay
him by law, and Su11
•
-one" Illened
er to his county all moneys Illegally paid to him out
of county funds, as voluntary payments or otherwL e."
Assessor and
11% of State Tax
Governor
Commissioners
7247
"For the faithful performance of the duties of hL
Co11K o! Taws
In County
Court .R
office as Assessor and Collector of taxes for and durinj
(state Bond)
not to exceed
Cor..ptouer
the full term for which he was elected Or appointed."
530,OW.
Assesrdr and
Not less than 101.
County
CommissloneCS
7249
••Same as State Sand."
Colltc•.or or Taxes
iCounty Bondi
Of County tax 11
t ast
shown by h-
Jude.
C. -t
n.
pc dt to xced eut
S3J,000.
County
53,000.
County
County
2340
"Far the faithful performance of the dunes of his
Commissioner
Treasurer
Judge
d
5998
Office. that he will pay over to hla county all o ys
illegally paid to him out of county luntla, as voluntary
pivmhil o otteto yiy send[ that
u cou
....ty funnds except toe
lawful pusyo . •
Justice .1
51.000
County
N.t stated
2373
•'That he will falthSUUy and ImDartlally discharge
the Peace
Judge
and
the duties required of him by law, d Will promptly
5998
pay over to the party entitled to receive it, all money]
that may mine into his hands during his term of
OR,—
Conaabia
3,50-
N`•eot
Com s
lint
tthlmithyll Performance of all the duties re•
Sled
Cour...
-aced
Ppbiie
•S SW-
County
CommfvtoneYS
5638
••Upon the faithful and imparttal perto res of the
Weiahrr
S,o.
Judge
Court
d
duties of bra Off
5W1
-sum to be fixed by the Commissioners Court within the limiti prescribed by law.
LL eeuntes where SherUr performs the dutlrt of the Assessor a d Collector of Taxes he shall make the bond required of the Assessor and
CoI remr o[ Tarn.
3 If p rt the number.
4 Cord n.v.
ACKINOWLEDtMENT OF SURETY
(Corporate Officer)
STATE OF TEXAS
County of Dallas
. Before me, a Notary Public, in and for said County and State on this 12th day of
November - -- , 19 74 , personally appeared D. X KVERNES, Vice Preslder4
to me known to be the identical person who subscribed the name of the - WESTERN sUP.F-Tr
COMPANY. Surety, to the foregoing instrument as the aforesaid officer and acknowledged to me- that
he executed the same as his free and voluntary act and deed, and as the free and voluntary act and
deed of such corporation for the uses and purposes therein set forth.
My Commission Expires.
L
is
JUJI 1 1975
Notarv-Public
0
a4
P�
0
Q
W
-0
0
z
I
C )
7d
to o
C a
w
X
00
1-
i .
December
The attached s % Bond No. dated
� =fz / l 1973, covering the period of December 13, 1973
thru December 13, 1975 in the amount of $5,000.00, County Auditor's Bond
for Thomas B. 14urphy has been examined by us and hereby approved.
i
Walter Dunham, Jr:
28th District Court
eorge Hamilton, Judge YJ
94th District Court
Vernon Harvilie, Judge
105th District Court
7th D9stfict Court
District Court
Fidelity and Deposit Company
HOPIS OFFICE OF MARYLAND BALTrmoRE, RID. 2no3
THE STATE OF TEXAS
COUNTY OF. Nueces I
KNOW ALL MEN BY THESE PRESENTS:
That we, Thomas B. Murphy
as Principal, and FIDELITY Ai`lD DEPosIT ComPANY of MARYUND, as Surety, are held and bound uatoL
Nueces County, Texas Commissioner's Court, County Judge
and his successors in office, in the sum of=_ Five Thousand and no /100---- t90000 dollars,
for the payment of which we hereby bind ourselves and our heirs, executors and admiaistrators, jointly and
severally, by these presents.
Signed with our hands and dated th- 114th day or December —10- 73
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the above bounded
Thomas D. Murphy
was, on the �3th day of December ,1973 —duly3 appointed to theofnm
of— County Auditor in and for* Nueces County,
in the State of Texas.
NOW, THEREFORE, if the said Thomas B. Murphy hall faithfully per-
form Auditor
form and discharge all the duties required of him by law as �rares2id,
andshall5 "For the faithful performance of his duties."
then this obligation to be void, otherwise to remain in full force and effect.
IN TESTIMONY WHEREOF, witness our hands.
B. Ilurphy
FIDELITY AND DEPOSIT COMPANY OF MARY AND
Attorneq-ia-Pu`ct'-
Arthur E- Blackburn
=5013-12M. 18410
Ol: \TY p<
Before me, __ an this day Personally -iced
_., lmown to me to be the person whose name is .ubscaibcd
to the foregoing instrument, and acknowledged to me chat he executed the same for the purposes and consideration therein expressed.
Given under my hand-and seal of oliice, thi• _ —_ day of 19_
THE STATE OF TEXAS
COUNTY OF `_ --- - -_.. —_
o: /1me, tl� uupd/ersigned authority, in and for said County and State, on this day personally appeared
instrument. - -• a u=^= = �� — ....... —, known to me to be the parson whose name is subscribed to the foregoing
la:zi and acknowledged to me that he executed the same as the act and deed of FIDELrrr AN-O DsMSIT C01trAh— of M:.RVU:,a,
Ba:timore, Maryland, and as the Attamey4n -Fact thereof, and for the purposes and considerations therein expressed, and in the eaparirj
therein stated.
Given under my hand and seal of office, this_ _ __ .day of AEIC .; Ig 73
Notary Public
OATH OF OFFICE
(COUNTY JUDGE OR COUNTY COMMISSIONER)
do solemnly swear (or affirm), that I will faithfully execute the duties of the office of
County of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United
States and of this State, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised
to pay, contributed, net promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward
for the giving or withholding a vote at the election at which I was elected, and I furthermore solemnly swear (or affirm), that I will not
be, directly or indirectly, interested in any contract with, or claim against the County, except such warrants as may issue to me as fees
of office So help me God."
(Signed)
Sworn to and subscribed be ere me, th;a . day of 19
OATH OF OFFICE
(GENERAL)
Thomas B. Murphy
do solemnlyswear( orafiirm), thatIwillfaithfullyexecutethedutiesoftheofficeof f:ounty Auditn +r
t.ounty of the State of "Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and lam of the Uafted
States sad of this State: and I furthermore solemnly .wear (or affirm), that I have not directly nor indirectly paid, offered, or promised.
to pay, contributed, nor promised to contribute any money, or valuable thing, or promised sax public office cr eotploym nt,as a inward.
for the giving or withholding a vote at the election at which I was elected. So help me God. ,
(Signed) _
Swom to and subscribed bafore me, th6 l -4th day December 1943–.
THE STATE OF TEXAS l
COL' \TY oa J}
The foregoing bond of
as "_. and
Texas, this day approved in open Commfssioneds Court
Date_
A17EST:
County Court County
and State of
County Judge
THE STATE OF TEXAS
CouNTV o=
f. - - -- , County Clerk, in and for said County, do hereby certify that the fo,_
going Bond dated the Any of 19_, with its certificate of autbev-
tication, was filed for retmd in my office the day of 19—
at and duly reemded the dsy of Ig
aL_.— o'clocti M., is the Records of Offidal Bonds of said County, is Vet
Page
it'r TNESS my hand and the seal of the County Court of said County, at office in
the day and year last abov_ written.
Cvz
County Court Coua
EY -- Deputy LY t
_ ...
4 Power. OF APtorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Fame Ows BAknmo e, M0.
o\
KNOtt" ALL IMEN BY THESE PRESENTS: That the FIDELITY AND I)EPosIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by JOfLNT C. G9RDNER , Vice- President, and C. PI_ PECOT, JR.
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows-
"The President, or an:• one of the Executite Vice- Presidents, or any one of theadditional Vice - Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec_
seta or any one of the issi =tact Secretaries, to appoint Resident Vice- Presidents, Resident Assistant Secretaries and Attomeys-
be �� tundertakings. h business o the a swan m! } req_i.e, or to authorize any person or persons to execute on behalf of the Company any
pu acions, policies, contracts, azreements, deeds, and releases and assignments of judgments,
deer -, mortgages and instruments in the rature of mortgages, and also all other instruments and documents ivhich the business of
the Company may require, and to affix the seai of the Company thereto."
does hereby nominate, constitute and appoint Arthur E. Blackburn of Corpus Christi, Texas
M true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surer., and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of ONE HUNDRED THOUSAND DOI,IARS ($100,000) ... EXCEPT bonds
on behalf of Independent Executors, Community Survivors and COmmunitp Guardians
Antii tAe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, and -, in their own proper persons_
The said Asaistan n=tary does hercby terrify that the eforegoing is a true copy of Article VI, Section 2, of the Br_Lawa of
said Company, and is ow in force.
IN IVrrNzss WaEREoF, the said Vice- President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY Az%D DEPOSIT CompA2iY OF MARYLA, M, this
—.._.-- ...M- th_ .... - ..- .... - - -- -day of —. -. -_ -7auuaxy__ , A.D. 19.71
ATTEST: FIDELITY AND DEPOSIT C0j"__ PIY OF 11LARYL4111D
(SIGNED)
-- --- _-- --- _...-- .- C.-11_.3ECO3,...JR -.— By-•- 1QWI_C raunMFt __
(SEAT.) Assistant Secretary Vice Presideff!
STATE. Or MARY' AND .
CITY OF BxLTntORE ss:
on this, 30th da of January A.D. 19 73 b Fore the subscriber, a Notary Public of the Stutz of
3tfaryland, in and -for the tity of Baltimore, duly co -u Toned and qualified came theabove -named Vice- Presideutaud. gssi,Unt
secretaryoftheFIDELITYt 'DDEeosrrCoaIPAAYor_. �tkZL \D, to me personally known to betheindividuals and oftendeseibed,
m and irno executed the preceding instrument, and they each aa:nowledged the execution of the same, and being by me duly sworn,
eevem :iy and each for himself deposeth and saith, that they are the said oFcers of the Company aforesaid, and that the seal ofnSe&
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affLred and subscribed to the said instrument by the authority and direction of the said Corporatiott.
IN TESTDIOhY WHEREOF, I have hereunto set my hand and a£LSed myOfftciai Seal, atthe City of Baltimore, the day and year
first above written.
(SIGNE:D)
(SEAL)
Notary Public Commission F_cpirea_.,It11y 1.,,,,,] .14.
CERTIFTUTE
I. t=e undersigned, Assts cant Sacretarvof the FIDELrTY AND DEPOSIT COHeA:rYOS itLutlL %v,do hereby eertif•
Po•. er of Attorne of the for Y ythatnte. and Y foregoing u a full, t: ue and correct copy, is in fttt Attorney nd effectf t the data of this certificate; and I
do further certify that the �'iw- Yrrsident who executed the said Power of A[camey eras our of the additional Vice- Presidents
the oe-
21!_ a�:horizcd by tie Board of Directors to appoint any Attomey -in -Fact as provided in Article VI. Section 2 of the By- Latyy.OE
FuEUTY AND EPOS:T CO COM PA \Y OF MARIT..LYD.
This Certificate mat• be zgned by facsimile under and by authority of the following resolution of the Board of Directors of the
•FID =LI=T AND DEPOSIT tox Fait• OF .11ARILASD at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant SecreLry of the Company, whether
made heretofore or hereafter, v. here— appearing upon a certified copy of any power of attorney issued by the Company, shall whether
valid and binding upon the Company with the same force and effect as though manually afx
L- TrST13tOSY R'neaEor, I have hereunto //s'h�', ribed my name and afxe_4 the corporate ,seat of t - said Company, this
--..._.- -_.(.'q
Li119 —CLt. --- � -• �— Attisrar Secrdnry
0
I
gn�Do
uE C 1 1913 .
'o
NUE CnCryRAS
plify
wil
m
Fidelity and Pposit Com paw
� yO
HOVE OFFICE OF MARYLAND BALTrl ?ORE, MD. 21203
THE STATE OF TEXAS
Coheres OF Nueces
IC✓ OW ALL MEN BY THESE PRESENTS:
That wee Marion Uehlinger
as Principal, and From= ANn DEPOsrr COMPANY OF MARYLAND, as Surety, are held and bound untot
Nueces County, Texas
and his successors in office, in the sum ofa Five Thousand and no /100------ - - - - -_ ollacs,
for the payment of which we hereby bind ourselves and our heirs, executors and admiaisrntors, iointly and
severally, by these presents.
Signed with our hands and dated this lst day of January IQ 75
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS, the above bounden
Marion Uehlinger
was, onthP 5th dayoE November ,19?' ,duly- elected totheoffice
of County Clerk n and forr Nueces
County,
in the State of Texas.
NOW, THEREFORE, if the said Marion Uehlinger hall faithfully per-
form and discharge all the duties required of him by law n. County Clerk aforesafd,
and shall$ "For the safekeeping of the records and the faithful dis-
charge of the duties of his office, and further Conditioned that
said clerk will pay over to his county all moneys illegally paid to
her out of the county funds, as voluntary payments or otherwise."
then this obligation to be void, otherwise to remain in full force and effect.
IN TESTIA-IONY WHEREOF, witness our hands.
!�,i inger
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Anna Marie Saenz Alto n -F
194143
on this day persoaally ape�
known to me to be the person whose name is cub:
vame for the purpose and t Idemtioa therein exp e—.d.
Givr undcmyhaodandseafofofnee ,this__Z ZLI` day UA
y/'
THE STAT F TEMILS W94 i �. -�--
etore me, t/h and d for said County and State, on this day permnally appeart•f
d u known to me to be the Pe whoa name is subsmbed to the foregoing
instrtuaant, and acknowledged to me tha a executedrthe same as the act and deed of m TY AND DEPOSIT COMPANY OF MARYLAND,
Baltimore, Maryland, and as the Attorney -in -Fact thereof, and for the purpose and cc aid ions therein expressed, and in the rapacity
therein stated. i
Given undv my hand and seal of office, thi+ / say n 19 7`j
Iro Tblic
OATH OF OFFICE
(COUNTY JUDGE OR COUP= COMMISSIONER)
do solemnly swear (or affirm), that I will faithfully execute the duties of the office of
County of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United
States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised
to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward
for the giving or withholding a vote at the election at which I was elected, and I furthermore solemnly swear (or affirm), that I will nut
be, directly or indirectly, interested in any contract with, or claim against the County, except such war ats as may issue to me as fees
of office, So help me God."
(Signed)
Sworn to and subsirtbed before me, thi. day of 19_�
OATH OF OFFICE
(GENERAL)
..l __ MARION UEHLINGER
do solemnly swear (or alum), that I will faithfully execute the duties of the office, of r'CIT]A=- CT FRiI
County of the State of Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United
States and of this State; and I furthermore solemnly irwear (or affrm), that I have not directly nor indirectly paid, offered, or P romi:ed
to pay, contributed, nor promised to contribute any money, o -valuable thinggs� or promised arty public office or employment, as a reward
for the giving or withholding a vote at the el ectors at which I was elected. So helo me God!' _. ..
Sworn to and subecn-bed before me, this 9ND `.day ofjfSjQ" ; _ // ,19-7-5..
THE STATE OF TEXAS _ — -
COUNTY OP NTTEr.F.S
The foregoing bond MAR TON TTr HT TAT( FR
COUNTY CLERK, and for NUECES County and state of
Texas, this day approved in open Commimiouer's Court
Date - JANUARY 19.-Z5
County judge
Z• D -, ry Clerk,
Cou C rt ---, TT I TRCr:R County
THE STATE OF TEXAS
COUm oz I
NUECES
I MARION UFHLINGER , County Clerk, in and forsaid County. hereby ereb Y c ert+fY that the [ore.
going Bond dated the Z S t ,ray of JANUARY L9 %5 with ib tMifiot> of authen.
ticrtion, was filed for record in my office the 2ND .fay of JANUARY %�
19__,
}i` XXXXhXXY, ia1 `,.r-':T K7U, aaddulyteeoniadthe 4TH dayoi TANTTARY 1925,
� frxxgv vxrvs> T. vrX••,• X�r�in the Records of Official Bonds of said Couaty ,inVol- 9 pa9142 ELF
WiT.,rP.ss my band and the seal of the County Court of acid County, at office in COR PITS r'NRT ;TT .f.�s
the day and year last above written. l
/ ifARTON UERLINGET' , Clerk,
i,/'? Deputy . fi De u County Court fg f
? y
TiDEL1TY AND DEPOSIT COWAMY OF MARYLAND �
No/u ornm "Ln%ol,9. fun
I1tiow ALL IYSEN By T1lESE PREgENT3: That the FIDEL rrY um, DEPOSfT COMPANY OF MA3tYL No, a Corpora.
tionof the State of Maryland, by S. R. BINSKER ,VimPrmident,and V. F. TOOMEY ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Coln.
pany, which reads as follows:
The f ro dent or any o e or the saeeueive v r�aena a any one of tt>e saes t flnm v ez its amts 3p�aty tbw;=ea
m to do by the Bwrd of Din,eton a by the F�cen,tiw Committee, shall haw power, by and with the eancun'ence of tlx Soo-
rotary ar any o,x of the Assistant Seeetar s, to appwnt Rnident YictPresidrnU, fZaident Aswtant a etasic, and pttaneyy
LFact y the busii,es of the Company may require, or to authoria any person or persons rO execute on behalf or the Company any
bonds, undertakings seecgnlrancet, stipuhtio u, polidn, contracts agreement, deeds, and releases and assignment of judgmencr
decree, mortgages an imtrumrnts in the nature of marigagrs, and also al! other imtruments and documenU which, tale business o[
the Company may require, and to afnt the Beal of the Company thereto"
does hereby nominate, Constitute and appoint Anna Marie Saenz of Houston, Texas
L true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on it9 behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) - -- EXCEPT bonds
on behalf of Independent Executors, Community Survivors and Community Guardians
r execution of su ands or un:fertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore; Md., in their own proper persons.
The said Amiafant Secretary don be:eby artify that the aforegoicg is a true copy Of Article Vf, Section 2, of the By-i..aws of
said Company, and is now in force.
IN WnWF —m WE—.REOF, the said Vice - President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fm- -Lrrr AND Dm -osrr CoupANY OF MartYrAND, this
24th -- day of Sel'te= bee , A.D. 1914
ATTEsr: FIDELITY AND DEPOSIT COl1ii'ANY OF MARYLAND
(SIGNED)
V, F TOOMEY By S R MINSKER
(SEAL) Axxistant Secretary Ytce Prestidmt
SrATa OF %rAaYLND
CrrY OF BAL oaz
On this 24th day of September , AD. 19 74 before the aubaziber a Notary Public of the State or
Maryland, in a`d -for the City of Baltimore, duly mmmisakoed and qualified, came the above-named Vim - President and Assistant
Secretary Of the FIDZIM M41) DEPOSrr COMPANY OF MARYLAND, to me personally known to be the individuate and officers described
in and who executed the preceding instrument. and they each acknowledged the execution of the satnq and being by the duly sworn
severally and cute for bimxU depmeth and sa,th, that they are the said offitm of the Company aforesaid, and that the seal afIixd
to the pzeceding instrument is the Corpor to Saal of said Company, and that the said Corporate Seal and their signatu+es as such
officers west duly al5sed and subse-;bed to the said innrumeat by the authority and direction o£ the said Corpor tion.
IN TFstYoxv WazazoF, 1 have hereunto set my band and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(SIGNED) _ RT.FNnR IC EtTTr'_RALt
(Sara.) Notary Public Commission Expire .7n v 1 _ 1 iB
CERTIFICATE
],the undersigned, Assistant Secretary of the FIDMarr AND Datosrr COYPANTOY MARYLAND, do heebytrrdfy that the original
Power of Attorney of which the foregoing is a full, true and correct copy, u in full forts an effect on the date of this certificate; and I
do further certify that the Vice - President who executed the said Powei df Attamcy was one of the additional Vice- Pfvidenb spe:
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as pronded in Article VI, Section 2 of the By-f awn of
the FmE.rrr Axes Dzwsrr Cour urr of MARYLAND.
Thu Ccra6ate may be sinned by facaunile under and by authority of the following resolution of the Board or Direetars of the
1'rD8m.3Ty AT Darosrr Cos N,, of MAxrr.xxn at a meeting duly ealled and held on the 16th day oT July, 1969.
RrsoLV : •That the fac'vn;k or m idly reproduced signature of any Assistant Sx'etary of the Company, whether
made heretofore or hereafter, wherever peam, upon a certified copy of any power of a Issued by the Company, shall be
valid and binding upon they�ompany 'dt the me force and effect as though manually afnz "
IN TEsm4o tov, I day ohereun ' sybwtbed my name and�a - the corporate seal Of the said Company, thy
L3419- -Ctf. 191921
1 Mect
._td d - -- -- -... -• .,.........•..,e . w.,. aaao see esaumiss me osm rtWUSen tw A.eewr and Coneeter of Tazew
e =r .4D➢sLtA
4. if ere L- tbl=umber.
S. Coedhlear.
& The fdal bond or rash oE—than be __,,a by btm wl,h too R voce aood ass vu3dest smeller a a aolrmt eme, comluay autlaAr.�f to do hmtne.s in olds
State. (Art. 5999).
I '%-./
+
Official Bond
AND OF OATH
SURETY
Fidelity and Deposit Company
OF AlAR17AND
Filed the------.-__-_--- . ..._......day of
..... . ... ...... . ............................. _'19 ...........
t.......... ._......._ ..............o'clock .. . ............... M,
.. . ....... clerk
County Court_- ....-_County, Te
ON URTILT 11
I "I
Co rk, NI C 8 U Y'Textis
13
Puty
0
4
CORPUS CHRISTI, TEXAS
a% "DAY of . 19 �
TO THE MEMERS OF THE CITY COUNCIL
COPPUS 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; 1, 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
CITY COUNCIL. OF THE
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY AY
OR. BILL TIPTON A y�
EDUARDO DE ASES
RUTH GILL
BOB GULLEY n YF
GABE LOZANO, SR. ^
EDWARD L. SAMPLE -14 yr-�
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUST ylF_-
DR. BILL TIPTON
EDUARDO DE ASES lyr,
RUTH GILL AYE
BOB GUL LEY
GAGE LOZANO, SR. RYE
EDWARD L. SAMPLE VV