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HomeMy WebLinkAbout12812 ORD - 09/24/1975JIQi:hb:9 /23/75:1st ' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, A FISCAL YEAR 1976 CETA TITLE VI CONTRACT WITH THE TOWN OF REFUGIO IN THE AMOUNT OF $13,255, TO PROVIDE PUBLIC SERVICE EMPLOYMENT, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID 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 autho- rized to execute for the City of Corpus Christi, as the administrative unit of the Coastal Bend Manpower Consortium, an FY 1976 CETA Title VI contract with the town of Refugio in the amount of $13,255, to provide public service employment, all as more fully outlined and set forth in the contract, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That the City Manager be and he is hereby authorized to execute all related and necessary documents in the implementation and administration of the aforesaid project. SECTION 3. The necessity to authorize execution of the afore- said contract and any other related documents to implement and administer the project aforesaid in order to provide public service employment 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 theday of �, 1975. ATTEST: City -secretary MAYOR A4 f1E CITY OF CORPUS CHRIST , TEXAS APPR A DAY OF 1975: 12812 Ay-�7% City Attorne} CONT -R CT_ySIM -UPE SHEET — 'E: S ?OVSOR: Coastal Bend Manpower Consortium P.O. Box 9277 I CC) iT UCTO_R: Town of P.efugio P.O. Drawer Z This contract is entered into by the 3d:inistrative Unit of the Coastal Bend :,nDo:er Consortium, hereinafter referred to as Prime Sponsor and TOM of Refueio hare_ma =ter referred to as Contractor. The Contractor agrees to operate a H=cpo:ar Services Progra= in accordance with the provisions of this agreement. This contract consists of _ ages, iaeledi— _ this page, and such other provisions and docyeats as are i-mcludad herein, The Contractor hereby agrees that he has read this Contest and wiu abide by all term spaclflad herein and also certifies that the iaformatioa in this Contract is correct to the best of his knowledge and belief and t-I Contract has been fully authorized. Funds hereby, being obligated are subject to the availability clausa.. A. CO IfIkCT PERIOD This Contract covers the period (date) from 7 =1 -75 to 6 -30 -76 B. OBLIGATION Total CE,TA funds obligated by the Prime Sponsor are $ 13,255 1. Fuady carried in fro= previous program year are $ 13,255 2. New fimda obligated are $ — 3. (For Modification ese only) This Action — the total CETA funds obligated for this Contract by $ — to .(new level) APPROVU FOR THE PRIME SPONSOR APPROVED FOR THE CONTRACYOR DAY OF 1975 DAY OF 1975 BY: BY: Signature Signature R. :-a-vin Town32rt•i. City `(ana�er Bill O'Rear, Mayor Name and Title Name and Title ATTEST: � APPROVED City Secretary Date DAY OF 1975 APPROVED: OF 1975 DAY City Attorney _ Director of Finance CcTA - August, 1975 . urrHrvltf: -S NAME AND ADDRESS l Town° at Refugio U.S. OCI'ART ML -NT OF L- O. GRANT NUMBER n(anvdw,r P.O. Drawer Z Amntr Ir:.andA -- Refugio, Texas 78377 BUDGET INFORMATION SUMMARY C. TYPE OF PROGRAM 1. 13 Title 1 7. ❑ Tide 111 5. NO Tlne VI D, FOR REGIONAL OFFICE USE ONLY 7. ❑ T,11e 11 ISpret yrl ........................... CONTRACT KEY MOO. DATE Zlc c` e E i ,'nE Z u� n c 12� L., 2 3 IJ 5 G 7 D 9 10 11 12 lJ 1J 15 1G 17 10 19 70 21 22 23 E. DUOGET SUMMARY COST CATEGORIES GRANT PROGRAM OR ACTIVITY ESTIMATED UNEXPENOEO FUNDS — NEW ON REVISED DUDCET -- f• TOTAL -_ _rU_C11ON O. Federal d. Frd.Nl c. Non -F edcral _ 1 A1rlmuurlon • - - O - - -� - - - 3. l"a-ts : Eeneflts -• _ — 3S _ JA $11,049 11,049 I 5• -, ,,g _ — 5' 2,206 2,206 1 2 J 2 G -- - - -- -- - — -- — —_— c d $13,255 �e $13,255 . r_tar t $13,255 Sp.-I -1 Obhgagons ul Prc,raed FxPrnd.;mes by program Cald.cm Ttmcmq, I'nrnt Sponsor b O-h, lob T rammj e PuLII; Srr�ICe Lmplaymenr 0 1'lor7 Cxpene n:e r $rr. lC[i so ParncIPJA1s I. C:Per Aril -is 3 P:Plrc:,d Ex per.,', Trusts for Vocatl —1 Ed. .. 5pta.1 Crar.ts 10 G- -1 P•e;e::ro capar —wrrs of Nd;r FCd Funds S. O:nt: Fed Fcads, ::JI I. ... Pr— Spon. Cv;a o. 3:a:,d Toral • Prgeaed Ezpandanres IVE QUARTERLY PROJECTIONS OF (IDLIGATIONS ANO EXPENDITURES IF, Od: 3 12112212 D 2J 2 1 7 7, 27 2 13 14 2• ffill -J 2 2- 1-3-�r 1 7 7 O 3 1 zG 9130 2'I zG 3 G 3 12/31 3/21 zG 6/30 MA 6'145 (Apr. 19 Ill. SIGNIFICA14T SEGMENTS _ V, a. Sit ;NATURE GRANT YEAR•TO.OATE FLAN GRANT VEAR•TO•pATE PLAN SG:nFICaNT 9/30 )2 /J1 7/31, 6/70 SIGNIFICANT 9 /'0 11/71 3/31 6/30 SEGr: L'I.TS SEGMENTS b, DATE SIGNED F 3•IA 2.2n2 Igor 1971 1 a. GRANTEE'S NAME AND AOORESS TOTAL A. U.S. DEPAItTML'NT OF LABOR l,I -puw Admhuslrmlon ' V. GRANT NUh1UEFi �O. TOIAL Town Of e MA PROGRMI PLANNING SUAINIARY P.O.-Drawer Z Z - Refugio, Texas 78377 c, GRANT YEAR -- — From d. TYPE OF PROGRAM C. PLANNED I To 7-1 -75 1. O TIIIe I 3. (] Title III $petlfy... ••_ •.• 6 -30-76 PERIOD , FOR REGIONAL OFFICE USE ONLY z. a Ts" 11 a. Title v1 1. Enroll. INNIMUCTIONS FOR COh1PLETING SECTIONS 1, 11, AND III TRACT CONTRACT KEY t) MOD. GATE n Sec. 1: A (Told Enrollments) is Use sum of A.1 and A 2, D (Total Termmatrons) 1. Enlernr9 it the sum of 0.1 through _ _ _ B.S. C (Planned Emoilments) is A minus H. .E _ o Ea O Sec. 11: Enter In bne (a) l:ruollmenu in each program activity cumulatively through the grant year, and m Line 3�' c u, o o the 2. Otner _❑ m�Z O number of participants planned to be -rolled m each ta ram acInnt at the ecd of each 3Z uu i quarter: parts <spant. wlto q enM pp yv _� are coneusrondy enrolled in more than one activity syhould be counted in eada Iu 1ala� achvily sn vrhseh they arc enrolled. MENTS _ Sec IIL• ] aI; G 7 6 0 T�;2D f• lw 1 1 3: 7 '27; 2 E-trr the n.:uu;n:+e number o1 p.rtrcnpanu in each segrnenl to be enrolled during the m e gr yer. 7. Parunpanss pants Csrtxsl TIONL —_ 0 0 0 0 _ _ . uu.d be eu_r.sed i:, as many tgmfscant segment groups as are apphwble. a. Direct —PI a mlt. b. Inulr<et PtG ntlf. - I, ENROLLMENT AND TC RMINATION SUMMARY Poil live — Ill. SIGNIFICA14T SEGMENTS _ V, a. Sit ;NATURE GRANT YEAR•TO.OATE FLAN GRANT VEAR•TO•pATE PLAN SG:nFICaNT 9/30 )2 /J1 7/31, 6/70 SIGNIFICANT 9 /'0 11/71 3/31 6/30 SEGr: L'I.TS SEGMENTS b, DATE SIGNED F 3•IA 2.2n2 Igor 1971 1 'i nEPORT TOTAL A. �O. TOIAL C. PLANNED PERIOD MENTLL• 1. Enroll. 2. Parlltl• TCfi �•11NM A- 1. Enlernr9 2. Otner 7. Non. MENTS _ Ihlsyr_— his 3 3 pants Csrtxsl TIONL —_ 0 0 0 0 Eml aoyn— •`_ a. Direct —PI a mlt. b. Inulr<et PtG ntlf. - Oolalnnd Cmplvrme - - - -- Poil live — potlllve ENROLLhre;N lend of 0++'�� — _ -- 11 td Is 027 177 _ 3 3 <Izs 1 3 p 1 a 7 7 1 2 `1112 0 6 7 3 3 0 3 1 1 2 D _ 2112 1521 26 73 3G 4l as . Sl ab G] GG Ill. SIGNIFICA14T SEGMENTS _ V, a. Sit ;NATURE GRANT YEAR•TO.OATE FLAN GRANT VEAR•TO•pATE PLAN SG:nFICaNT 9/30 )2 /J1 7/31, 6/70 SIGNIFICANT 9 /'0 11/71 3/31 6/30 SEGr: L'I.TS SEGMENTS b, DATE SIGNED F 3•IA 2.2n2 Igor 1971 1 ENROLLEE INFORMATION PAGE TITLE VI QUARTERLY PROGRAM PLAN A. TOTAL TO BE SERVED EFFECTIVE 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 3 - JULY 1, 1975 - JUNE 30, 1976 B. NO. OF TITLE VI PARTICIPANTS CARRIED FORWARD FROM JUNE 30, CARR 0 0 0 0 C. NO. OF TRANSFERS FROM OTHER TITLES AND EEA (BY SOURCE) 0 0 0 0 D. NO. OF COMPLETELY NEW PARTICIPANTS 3 3 3 3 * NOTE: THE SUM OF B, C, AND D SHOULD EQUAL A ABOVE. Y XUls i�2 Tou- Ot H2 tugro 0 SUPPLE:-IENT TO THE CETA - ppS _v 0. _l. TO BE SLAVED, PROGRAI•I YEAR TO VU:•LBBER OF INDIVIDUALS PIANNIED TO BE EI;ROLLED AT EFV'D OF EACH III. CUMLATIVE PP.OJECTED DATE. 2I OFTH. EXPENDITUB.,S BY MOyjj TULY 3 3 1,510 AUG. 3 3 3,020 3 4,530 JCr. 3 3 6,040 90V. 3 3 ' 7,550 )EC. 3 3 9,060 JdY 3 2 10,080 2 11,100 iIRM 3 2 12,120 �ngu 3 2 13,140 iAy ::.' 3..: 2 13,255 JL 3 0 $13,255' VSTctIICTTO�is I. Enter the total planned number of individuals who are planned to be served cumulativf each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in PLrch, June, September, and December should agree with the entries in Part 1C of the 'PPS., II. Enter the total planned number of individuals who will be in the program covered by this PPS on the last day of each month. Only individuals who have been declared eligible for and are receiving services., training, or employment should be counted. The number in larch, June, September, and December should agree with the entries in Part lC of the PPS. III. Enter the planned accrued expenditures of funds cumulative by month. The totals in March, June, September, and December should agree with the entries in Part 111B of the PPS. (1) (2) CO: TRACTOR PSE OCCUPATIONAL SUKiARY Town of Refugio P.O. Drawer Z Refugio, Texas 78377 OCCUPATIONAL TITLE BY EMPLOYING AGENCY IBER' CETA %MO. JOB TOTAL. O2dT F JOBS dace Rate DURATION WAGES (A) (B) (C) (D) (E) Parks /Recreation Caretaker 2 $381 12 mo. $9,144 Laborer i 1 381 5 mo. 1,905 SUB TOTAZ' i $11,049 FRUNGE' •BENEFITS 1_ FICA 5.856 $ 646 2. Workmen's Compensation 377 3. Other (Specify) Health Insurance 591 4. Other (Specify) Uniforms 592 5. Other (Specify) Sub -total Fringe Benefits $2,206 THE CCN RAGTO.R MAY X)DIFY T W CCCUPATIONS WITH PRIOR AP ?RG7AL CF THE AD EENISTRATIVE UV 71S CONTRACTIN 0_FFIC�4_ C?s•.;,il TOTAL 1 & 2 k3,2 d5 MA 2 -200 - in" � o PROGRAM NARRATIVE The contractor will comply with the requirements of the Federal Regulations for Programs under Title VI of CETA, published on January 10, 1975, in the Federal Register, Volume 40, Number 7, Part IV. During the Contract period, the Contractor will proceed with the selection and employment of those individuals into public service jobs who qualify under the Emergency Jobs Program. Individuals employed through this program shall be eligible for participation only when they have been unemployed for thirty (30) days, unless otherwise notified that the Contractors` area is designated as an area of substantial unemployment, in which case individuals eligible for partici- pation shall be unemployed for fifteen (15) days. The Contractor shall, to the best of his ability, select individuals for employment who are unemployed and who have exhausted their unemployment insurance benefits; to unemployed persons who are not eligible for unemployment benefits (except for persons lacking work experience); and to unemployed persons who have been unemployed for fifteen (15) or more weeks. A person who is lacking work experience is a person who is a new entrant into the labor force. The Contractor should establish a 30% goal for transitioning these individuals into full -time unsubsidized employment. Underemployed individuals will also be eligible for participation but will receive consideration only after aforementioned individuals have received priority. Rpvised Jena 1975 ASSURINCES A,`'D CERTIFICATIONS A. General Assurances I. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act (CEIA) of 1973, as amended (P.L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stat. 1845), herein- after referred to as the Act, and with the regulations and Policies promulgated thereunder; and b. It will comply with 0:23 Circular number A -93 and Federal Management Circulars (FMC) 74-4 and 74 -7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other docu- ments under the Act. 2. The applicant further assures and certifies that if tine regulations promulgated pursuant to the Act are amended or revised, it shall comply with theca or will notify the Assistant Regional Director for Manpowmr (ARDM) within 30 days after promulgation of the amend- ments or re�lsion that it cannot so conform, so that the ARDM may take approprLate action including termination, if necessary. 3. In addition to the requirements of 1 and 2 above and consistent With the regulations issued pursuant to the Act, the applicant makes the fallowing further assurances and certifications: a. It poaH«aeas legal authority to apply for the grant; a resolu- tion, motion or similar action has been duly adopted or passed as an official act of the applicants governing body, authoriz- *ing 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 appli- cant to act in connection with the applicationn and to provide such additional information as may be required (sections 102(a); 701 (a) (9) and (10). i b. It will comply with Title VI of the Civil Rights Acts of 1964,'(P.L. 88 -354), and in,accordance with Title T of the Act no person in the Unitec States shall o^ , ;in, ground Of race, color, sex, or rational origin, be excluded from participation in, be denied the benefits of, or be other- ' wise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will iriediately take any measu- res necessary to effectuate this assurance. C. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in Lnecual treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any pro- gram under the Act will discriminate with respect to any pro- gram participant or any applicant for participation in such program 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 -646 and FYC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f. It will comply with the provisions of the Hatch Act which limit the political activity of employees. g. It will comply with the requirement that no program under the - Act shall involve political activities (secitont710). h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whorl they have family, business, or other ties (section 702(a))_ i. It will give the Department of Labor and the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents relat- ed to the grant (section 713(2)). - - - J. Participants in the program will not be emoloyed on the construc- tion, operation or maintenance of that part of any facility which is used for religious instruction or- worship (seccior. 703 (3)). k. Appropriate standards For health and safety in work and train- ing s'itu'ations will be maintained (sectiod 703(5)). I. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proEicizncy of them applicant (section 703(4))_ m. Proci'sion of workmen's com pensation protection to participants in on -the -job training, work experience, or public service employment programs undar the Act at the same_ level and to tl-.e� sa =e extent as other employees of the employer who are covered by a State or industry wore .=en's compensation statute; and pro- vision of work =an's compensation insurance or . ^medical and acci- dent insurance for injury or disease resulting from their narti- cipaticn to those individuals engaged in any programs activity un er t"I-2 Act, ii. e., wo_k experience, on -the -job training, public service et:plor -ent, classroom trainia„ services to oarti- cipants, and other activities, where others similarly engaged are not covered by an applicable work -en's cempensation; statute (sections 703 (6) and 208 (4). I n. The progrWa will not result in the displacement of employed work- ers or impair existing contracts for services or result in the substitution of Federal funds for other funds is con- ectiior, with work that would otherwise be performed (section 703(7)). o. Training :JL11 not be for any occupations which require less than two wee'.j of pre- eaplo} =ent training, unless immediate employmant opportunities are available in that occupatiaa (section 703(8)): p. Training srid related services will, to the maximum extent practi- cabl.:, be consistent with every individuals fullest capabilities and lead to employment opportunities which will enable partici- pants to become economically self - sufficient (sections 703(4) and 105(a)(6)). q. Institutional skill training and training on: the job shall only be for 'occupations in which the Secretary or the price sponsor has determined there is reasonable expectation for employment. (section 703(10)). r. CET'3 funds will, to the extent practicable, be used to supple - =er.t, rather than supplant, the level of funds that would other- wise be available for the planning and administration of programs under the eligible applicant's grant (section 703(11)). s. It will aubmit report3 as renuired by the Secretary and 'Will maintain records ana provide access to them as necessary for the Secereta ry's review to a�asure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in datermining the extent to which the prograc: meets he special needs of disadvantaged chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311 (c)). t. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual partici- pa;its (section 703(13)). U. The program has adequate administrative and accounting controls, per- sonnel standards, evaluation procedures, availabiliry of inservice training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703 (14)), V. The program makes appropriate provision for the manpawer needs of youth in the area served (section 703(15), and will assure that: (1) Individuals receiving training on the job shall be compensated by the employer of such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretar/, but in no event at a rate less than that specified in section 6(a)(1) of the Fair Labor standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. Wages in the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the pacific Islands shall be consistent with the Federal, State, or local law other- _,' wis- applicable (section 111(b). (2) persons employed in public service jobs under this Act shall be paid wages which shall not be lower than.whichsver- is the highest of (a) the minimum wave which would be applicable to the employee under the Fair labor Standards Act of -1938, it Section 6(a)(1) of such title applies to the participant and if he were not ex. empt under section 13 thereof. Wages in the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the pacific Islands shall be consistent with the Federal, State, or local law otherwise applicable; (b) the State or local ninimum wage for the most nearly, comparable covered employment, or (c) the prevailing rates of` pay for persons em- ployed in similar public occupations by the same employer (section 203(a)(2)). W. It will comply with the labor standards-requirements set out in sect- ion 705 of the Act. i X . Services and activities-provided under -this Act will be ad- ministered `_+y or under the supervision of the applicant (sect- ions 105(a)(1)(3) and 205 (c)(1)). B. Additional Assurances for Title 1 Programs In carrying out programs under Title 1 of the Act, the applicant assures and certifies that: 1. Manpower services, includin; job development, will be provided to those cost in reed o5 _hem including low incoae persons and persons of linited English- speaking ability, and that the need for continued funding of programs -of demonstrated effectiveness is can- - sid_red in serving such ps.3fln3 (section 107 2. Programs of institutional skill training will be dasigned for oc- cupations in which skill aho:tagas exist (ascticn 103(a)(b)). 3. The plan meets all the reeuir-m-ments of section 105(a) -and the appli- cant will comply with all provisions of the Act (section 105(b))- 4. It will make such arrangements as are prescribed by regulations to assist the •;•:cretary in carrying out his respanaLBI Lties under sec- - tions 105 and 103 of the Act (section 105(a)(7)). - �5. Special consideration will be given to the needs o= eligible dis- abled .eta: •is, special veterans, and vaterar.9 who 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 far programs funded under Title I of the Act, shall take into consideration: the extent that such veterans are available in the area. specific effort should be rude to develop appropriate full or part -time opportunities for such -- -- veterans. The prime sponsor should utilize the assistance of the State and local veterans employment service representative in for=lating its program objectives. On a continuing and timely basis, information on job - vacancies and trainin.- opportunities funded under Title 1 of the Act shall be provided to the state and local veterans employment service repre- sentative for the purpose of disseminating information to eligible veterans (sections 205(c)(5), 205(c)(26), and 104(b) of emergency jobs-and Unemployment Assitance Act of 1974). iditional Assurances Relating to Public Scryice F-moloymcnt Programs, For public service employ -:ent activity, the applicant further assures and certifies chat: 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 services designated to (1) promote the advancement 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 skills 'or which there is an anticipated high der.and, or (3) provide participants with self- development skills; excapt where excimot under the provisions section 604 of the Act, provided however that not:iro contained' in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible -or appropriats (sections 203(c)(4) and 604).. 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes, except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604). 3. Special consideration in filling transitional public service jobs will be glvnn to unemployed persons who are the most severely disadvantage in terms of the length of time they have been unemployed without assistance, but such special consideration sha11 not authorize the hiring of any pars= when any other - person is on lay -off from the same or any substantially equivalent job (section 205(c)(7)). 4. No funds will be used to hira 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 hiring an employee to be supported under the Act (section, 205(c)(a))_ 5. Due consideration will be given to .persons who have participated in manpower training programs for whom employment opportunities would not be otherwise irmediately available (section 205(c)(9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. Agencies and institutions to whom finar-cial assistance is made available under this title have underrakcn or wiLl•undertakc, analyses of job dcscriotions and reevaluations and, where shown necessary, revisions of qualification reouirements at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act of assist (section 205(c)(18)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursua work with the employer, in the same or similar work, with opportunities to do so and to -find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604)_ 9. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupatiom,L advancement, including opportunities for the dis- advantaged (section 205(c)(21)). '10. Not more than one -third of the participants is the program 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), excupt that this paragraph shall not be applicable in the'case of participants employed as classroom teachers, and the Secretary , may waive this limitation in exceptional circumstances (section 205 (c) (22)). 11. Jobs will be allocated equitably to local governments and agencies taking into account the number of unemployed persons within their - jurisdictions and the reeds of the agencies (section 205(c)(23)). 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub- 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 agreements have.been complied with (section 205(c)(24)).. 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(25)). Ndditional 'Aaaurancas for Titla 11 prcgrays. All assur -, aces in C above aD-3!v to activities funded under Title 11. in addition, the applicant ai'll assure that: (1) Only persons residing within the areas of substantial unemplov- m=_nt qualifying for assistance will be hired to fill jobs created under Title it of the act and the public services provided by such jobs shall, to the extent feasible, be designed to benefit the residents of such areas (section 205(c) (3)). (2) All persons emploved under any program, other than necessary technical, supervisory, and administrative personnel, will be selected from among unemployed and underemployed persons (section 205(c)(20)). (3) Special considaration shall bs given to aligible disablad vatarans spacial vstorans, and vstarans who sewed in the A=Md ro.c39 and who r =csivsd o:a ar than 3 dishonorable discharge within four ysara bafora tits data of their application. Each eligible applicant selecting participants for programs funded under Title 11 of the }pct, shall take into considaration the extent that such veterars are available in the area. Specific ettort should be :cads to develop appropriate full or part -tire. opportuniti =s 'for such veterans. In order to insura spacial consideration for veterans, all public servics employment vacancies under Title 11, except those to which former employees are being recalled, must be listed with the State- employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled.. During - this period, the employment service will rater those veterans specified above. if sufficient numbers of vet- erans are not available, the employment sarvics, upon raquest, may also refer members of other significant seg- ments. All other applicants are to be rsfe=raad after the 48 -hour period (section 205(c)(5)). The eligible applicant should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Each eligible applicant shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title 11 of the Act to State and local veterans employment r;earsaaa%t3tives and to other veterans organization9 for tha pur^osa or' diasaminating information to eligibly veterans (secl,.ion 104(b) -.of - Emergency Jobs.and Unemployment .Assistance Act of 19.7#): - E. Additional Aasurancss for Titla V1 Procrnms. All assur- _s in C above_ apoiv ;.a activit±aa foal, under Title Vl. Sa^addition' the applicant will assur. that: 1. Only persons residing in the arse nerved by the eligible applicant under. Title V1 of -the Act will be hired to fill jobs created under the Act and that the at_blic services proviaed by such jobs shall, to the extent feasible, be designed to benefit the zesident3 of such areas except that funds allocated under Title V1 of the Act (section 603 (a) (2) (B)) , to an area of sub3tantial unamplo „ant s.gall only be used to Dravida project and program opportunities to persons residing in tho3a areas of substantial unemployment (section 503(a)(2)). 2. All persons employed undar any progran, other than necessary tachnical, sunarvi3ory and adm= ni3trativs per30nnnl, will ba 38lact3d fr= a=rg unemployed and undaremployad parsons and that under Ti.la V1 preferred considaration shall be given, to the maximum extant feasible, gonsistant wit_= provisions of the Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons who are not eligible for unsnploymsnt insurance benefits (zxcapt for persona lacking work experiance) and to unemployed persona who have :boon uasranloyed for 15 or m6ra weeks. F. Special Certification for State Grantees, A Stata grantee further assures and certifies that it will comply with the requirements and provisions of section 106 and section 107 of the Act. (;) Terminate all orders and Subcontracts to the extent that they relate to the r zform_­ce of work terminated by the Notice of Termina- tion; (4) Assign to the Price Snonsor in the maaaer and to the extent directed by the Pr:--e Sponsor's Contracting Officer, all of the right, title aid interest of the CC) ntr act or /Subgra =tee under the orders or subcontracts so terainaued in wa'_c= 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 a=d subcontracts; (5) With the ap?rovzl or ratification of the Prime Sponsor's Contracting Officer, to the extent he nay require,- *ahi-ch approv"a.1 or ratification shall be final and conclusive for all pL= -poses of this clause, settle all outsta.di.� liabilities and all claims arising out of such texoinatioa of orders and subcontracts, - the - cost of which would be reim_ bursable -in whole or in part, in accordance with: the provisions of-this contract /subgrant. (6) Transfer title to the PH=e 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 nerfora:.ce of, the work tez=i=ated by the 2lctice of Termiaatio_; (ii) the completed or pa-tlally completed pinag, - dra-ainga, infor-ation, and other property which, i-f the contract /subg^,ant had been completed, :could be required to be furnished to the Prime Snonsor, 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 /Subgraatee has been or will be reimbursed " under this contract /subgraat. - -- (T) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or atrthorized by the Prins Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, havever, That the Contzactor /Subgr=tee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any - _ such property under t,e conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. rind provided further, That the proceeds of oaf such tr, -rfer or dispositioa shall be applied in reduction of any pa;yz-zents to be made by the Prise Sponsor to the Con - tractor /Sub _5rantee under this cont ract /subgraat or shah ,o_therrise be _ credited to the trice 6r cost of the work covered by this coat=act /subgrant _ or paid in such other =_-ner as the Prime Sponsor's Contracting Officer aay- direct; 7 = PMI ;- rforrance of work u..de' the contract /sub,grant may be 2. '1'1'° � _ n r ter mated by the Prime Sponsor in accordance with this clause in w ole,'or t —e to ti=e in part: (1) iine^ ever the Contractor /Subgrantee shall default in per- =a, of - coltraC : /subgraat i^ accord2 -'ce W1tf1 its ter--s (lIlC1L'u =IIg -= the term " default" any such failure by the Contractor /Subgrantee to maze rOS -ess _n rosecut -o] of the -;ork here =d__ as er.- a✓,ers such perform - -Ce), y ^ ^_7.^- awl fail to, cure such default w'itn_n a'pericd Of ten SmYs (Or s_ch longer r^ riod as the Prime Sponsor's Contracting Officer =ay ellc;r) after rece'_pt fro= the ?ri=e Sponsor's Contracting Officer Of a notice if, i ng the default; or (2) le= enever for any reason the Prime . Sponsor's Contracting O °ficer sh.' deter.-.ine that such termination is is the best interest of the Prue Epo -sor. r ^f such termination sh =?1 be effected by de }} =very to the Contractor/ Subgrantee of a iiotice of Termination specifying whether termination is for the default of the Cortractor/Subgraatee.or for the convenience of the prie :;pnnsor, the extent to which perfor=ance of oric under the contract/ subgrant is terminated, and the date upon which. such tez-��n�- beccmes effective. if, after notice of termination of this contract /subgrant for default., under (1) above, it is determined for any reason that the Contractor /S�b3rztee was not in default pursuant to (1) , or that the Contractor's /Subgrantee's failure to perform or to male progress in Per- -It 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 /sub grant relating to excusaale delays, the S:otice of Termination shall be deemed to hive been. issued under (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Piotice of Term-i.natioa and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor/sub- grantee sh:01: (1) Stop work under the contract/ s+icg_Tant on. the date and to the e tenv . spec c=, ed in the ?notice of Term? nation; - (2) Place no further orders or subcoatracts fot materials', ' S °r':iC.S, or fa ^= litles, except as may be necessar'f : r- CO=.pie� M 'o f' S1c_ii wor:C under the contract/ subgrant as is not te^Znated; in c =c'!ti :e Crdar 11246 of Sep ember 24, 1905, and such other sanctions may. be __nosed a;d reuedies inroked as provided in Mcecutive Order x'246 of Sapte_ber 24, 1965, or by rule, regulation, or order of the Secret, -y of Labor, or as otherwise pro•r"ded by 1n.•.;. (7) The cont - ractor rill include th✓- prarisions of .pragraphs (1) through (7) in every s1bbcontract or - ourchase order nnless'exempted by rules, reg-`iaticr_s, or orders of the Secretary of Labor issued pursuant to section 204 of Order 1246 of Septe.:3er 24, 1965, so tbat such zro-risions -�dll be binding upon each subcontractor or vendor. The contractor will t e such action 4ith respect to any subcontract or p}u - chase order as the contracting agency may direct as a means of enforcing such proTrlsions _ncluaii g saactios for :noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened ;r_th, litigation. with a subcontractor or vendor as a result of such direction by the coatracti.ng agencrr, the con- tractor may request the Ucited States to enter, into such litigation to protect the interests of zee United States-' - . 5. M4LUMM OR laOr,r, »^ WAGES The hou-- ,/ wages paid to earollees or trainees shall . not fie less than the following: whichever is higher: 1.• -he "Iairiia rate rec fired under the Fair Labor Staadai ;s Act including any special rule provided by sneciEication under Section 14 of the Act, as =ended in 1974, or that is applicable to enrollees or trainees, or 2. Any miaimm rate applicable to the enrol -lee or trainee as required under Federal, State, or local lairs if it is hig -ner th:3 that stated in Itex Number 1 above. 6. TMMULITATION OF TRAIii^'S 03 =ROLT..^S - Trainees or enrollees will not be terminated V thout:prior notice to the trainee or enrollee and reasonable opportunity for or i_=rovemeat of perfor =:nce and coascltatioa -with the Contractiars 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- cedu_res approved by the Co* tractinx officer or his duly authorized represeata_ wive: Provided, That in trainin.- fac:litie5 operating under a- •cOtlective r n_ng aareeme_t, disc_p_i =a.— procedures y and grievance procedes provided in such �agr_enent and a_plicab'_e to trainees or enrollees covered by this contract, s -- -? 1 govern'. "'• pp'J3r r =rY CL "'7SE h s ccntrac , the contractor agrees as *_'ollo;rs: roZ - ctn-_w_ll not d:scri —hate vye;dst any e_pio, ;ee or ap�li- ca=t for ecplo;/ -ent because of race, color, religi0:1, sex, or national origin. The contraczcr ;rill tare aifir- _=tire actin.^- to ensure that applicants are ezkpleyed, and that eaoloyees are treated c wino e-plc;�ent, without rega=3 to their race, color, religion, sex, or naticMal origi ,. Su_-' action shall is cl___ but not be ii -tea to t he ?'o adirg, ce^otion, or ff r zer--ina- transfer, rec u -ant Or recruitment a3.erti3lno; nd s O_ .iOr_;- -- ,es�cf may or other fors of co =pecsaticn; - selection for ,-_ - ap= renr`_ces' =p. '�`�'.`�.e contractor agrees to aosr i= i ..Z..- :� _ :.. - - -' to a =7 -1 Oyees z CL _ -,l; ,. _.ts for CC-SyiC'1T,3 ^ ' --tti"c nT' ^v tY!eVCO. ^. t, -nw�j npy^ 0 =i -.ter .. -g for - =at, notions to be __ •ri ^ed oy the OrOVisiOns Of this AOa''�isC ?ijlna- CI01•a ClcL'Se• (2) The contractor 11, in ail solicitations or note - se^ -ezts for e=:oloyees placed by or on beh ='f of the co_trsctcr, state rhat a1 cuali ied arplicants W, receive cor_sider_�icn for e 1o�_ nt .i+ and to race, color, religion, Sex, Or =a:"'Onai Origin. F_,.hout r_a._ (3) The contractor Vill se:_d to each labor union or -- presentative of workers -with which he has a collective ba=gmIn =s agree --ear or Other contract or understanding, a notice to be provided -& the agency contra_tiag officer, advising the labor union or vorkers' representa- tive of the contractor's ts Un3e-r sec 202 Of ±X °_CLtl'%e Order 11246 of September 24, 1965, and shall a�I copies of the ees and a_ licants notice Ln conspicuous places available to etplcy P fog ecploy--ent. (! } e contractor ,ri.11 comply with all provisians of F- utive Order 11246 of Septe =ber 24, 1955, and of the rules, regIdevionS, -ard relevz^s orders of the Secretary of Labor. (5)_.._ C7 ^.traCLOr F 11 finis -_ a1_ informatior, and reports rewired by The ^ r the rules, Order 1946 of iette-ber 24, 1965, a=d b; , �egu- tions, a ^.d orers of the Secretary of Labor, o= pursuant thereto, .a d will pe: it access to his books, records, and accounts by the cont racting _genty a_-i3 the Secretary of labor for =c roses o. i vestigaticn to ascertain co- fiance rich such rules, regulations, and orders. _ _ _ ;it'r_ the nondiscri-in=_-- _.. _ ef:: O' the CC:tr- .,norrs nonce Plil"ce ^cla es �.�5 CO ^traC Or H�tr' ?1'f O° SSCh _'1123, reo aa.as, Of F t Y ..-on cia-u this contract-,ay be Canceled, terrn±naced or susre.^.der (hole or my cart -ar -d t^.e contractor tiny be declared inelig =able .4r r - „he - :- Cover —e-It ecntracts in _ccord`Lce .„-;th _r.... -dries authex•iaed 1 't f. No by the Contractor /Sub�=rntee for an equitable adj.ustnect O herO11 -der s=-L11 be alla-wed if asserted after Final pay—ment under this contract / subgrant. g. Fail,,L a to agree on the terms of any equitable adjustment shal I. be a dispute concer_ing a question of fact within the meaning of the clause of this contract entitled "Disputes." h. nothing in this clause shall excuse the Cantractor/Subgrantee .om proceed- ui.th the contract /subgrant as changed by the Prime - Soo ^ sor's Co=tractimg Oz�'icer in writing, either by (1) issuance of a eten chez-3e order as d escribed in (a) above, or (ii) issuance of a vTitlen comfir-..ation by the Prime Sponsor's Contracting Officer of the ti_itten notice regui_•^ed of the Contractor /Subgrantee in (b) above, re- sulting frcm an oral order by the prime Sponsors Coatrrctiag Officer. 2. NOMISCM-MUM3 It is the policy of the Executive Branch a,°. the C- ovt='ent that (a) contractors and subcontractors engaged in the perfoxaance of Federal - contracts shall not, in connection with the employment, advaacemeat, or discharge of employees, or in connection with the terns, conditions, or privileges of their ej?10-,)Ment, 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 mat specify, in solicitations or advertisements for employees to vor3c on Govrrrment con- tracts, a iraxinim age limit for such employment unless the specified msai.- . :- T''rni� age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 3. CB=, LABOR No trainee or enrollee under 18 years of age will be employed in any occu-astion winch the Secretary has found to be particularly hazardous for persons between 16 a=d 18 years of age (a list of such occupations- is pLblished at 29 CFR Part 1500, Subpart E). Any- eligible trainees and enrollees under l7 years of age will be e=layed only in accordance- with the li-citations i -posed by 29 CFE Part Sutbpart -C.' - S ?:�i^LAT CISUSES a, are ?ri--e SPo^_sor's Contracting officer rosy, at any t se, „ho t notice to the sureties, by written order designated or indicated order, rake changes in the work within the general score to be a change f , dra ings, 0- th_�s contract, in a ^_y One or Lora o� the o._cr.+inb: (1) de Sig-S, or Sneci_'icationsj (2) in the aeth0d or Earner of "^erfor_,:nCe the rn=e„ rem o' �__ Sara; (3) in Gove_y.__t -i~�. � shed facilities; ��*) • hcd of s= +_ - - °nt or pacjing; or (5) place of deli-rery- b. 'Any other written order or an oral Order (which ter--s as used in this p:i-agraph (b) shall include direction, instruction, interpretation, or deteraination) from the Prime Sponsors Contracting Officer, 'arnica causes any such changes as ew=erated in (a) above, shall be treated as a Cb=ge order under this clause: Provided, That the Contractor /S.tbgrantee gives the Prise Sponsor's Contracting officer :mitten notice stating t'h­- date, cirti: stances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. pxc�pt as herein provided, no order, statement, or conduct of the - Priae Sponsor's Contracti�.a Officer sha71 be treatedabaleha� tO1S clause or entitle the Contractor /Subgrantee to an eq hereunder. �- d, 'If any change under this clause causes au increase or decrease is the Contractor's /Subgrantee's cost of, or the time required for, the per - foraace of a pa-t of the work under this contract, whether or not eh.nged ty any such order, an equitable adjustment shall bee and the contract modified in writing accordingly: Provided, hoxever, That no clain 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 "herein reeuirs b for provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment sha11 include any increased cost reasonably incurred by the Contractor /Subgrantee in atte=rotiag; to core with such defective specifications' e. If the Contractor /Subgrantee intends to assert a clo,n for an equitable- a -ter receipt of a written e ustnent under this clause, he must, within 30 days - c=ange order under (a) above or the furnishing of -a written notice under (b) above, submit•to the Prime Sponsor's Contracting officer azTatten statement Lan-a �oIIetary•ex tenb of Such cln, unless S °ttinj IO_tl the FeII?T21 II2tL:e period is extended by the Prim Sponsor. tce statement of cl� heretL der ray be included in the notice under (b) above_ Srnere the cost of property obsolete o- excess as the result, of a ehan;e is induced in the �'- c1 —m for a1jus.._ent, the Pr' Sponsor'-= COatract_ag C�_trsctor's /S ors ter r officer shall have the right to prascribeythe nznnar ofTdispositioa of such pro-erty. i ASSURANCES AND CERTI7TCaTIONS 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 appl- ication has been fully authorizzd. P.O. Drawer Z, Refugio, Texas 78377 Town of Refu is RE$ d NAME OF APP I SIGNATURE OF ,UTHORIZE OFFICER Bill O'Rear, Ma or Y r P T 0X AUTHORIZED OFFICER _S ^I`i0 0? E :•r'i.01 : =` ;= 0 ?E_` ;TICS (_ =s clause is a __'_c2ae zarsuant to 41 CIE` 50 -250 if •t: is coatract is far $2,500 or =ore.) - (a) The Contractor gees, it order to provide- szecial e=2has2's ta'c_._ e- plo > -ent of --_ --_ -?isa� led veterans and, veterans of the ',__.fns_- ere,' - -_ �1 suitable -= _ _irgs of the cantra_tor hick �st'at =_ of _..e executior. •o. ." s co.t =act and those which occ *� fiii. gothe rerzo ^=ace= of vhi S COn.ract y :. ^lam 2 - _qsa not- generated' 3f ^-.is. cont tract iLC� -. --.__ aCa_rring 2. _ _-ta7= -__zt other than tame o.. ^_e ':'.18rein t__ contre_t _ sa-ng perfor_ea --- ex____c _g ,those of irdenerdentiy ccerated corporate af:; --li- ates, sha_ be o;'=___- fisting at an appropriate local of_-__ of the 'S -a_.. en?loyr= entise -Nice SYS -.e= wh___in the operirg bcc.ts 2IId td pravid_ such _ to such local office r_'_ ._ng e= 10;- -ent o-D ;l enirgs a:i hires as =- be rec -rez.: this ? =o7i de3, That if cc :tract is for less than $_ 7 C= if is widt h ,G+'0 o S.a-_ or :.-- -_ . the _ forts set fcrth in _w- a raps -(c) and -(d) axe not recuired.. (b) Listing of opening •rs with the erpI.t; semi =e sfste= nur sl.= -t to,•this cla.4ze 3 ?1.1. be _'ad_ at least Conc'- mend. irlth tie use of mayy other recruitment s_:-rice or effort and shall insolve the nor-mal obl.ioatio_s which attach to the - la__mg of _ bcra fide job arde_ including th-_ ac ta~c_ off _efer_=ls of ,.fief-r- and no_-re.._rans. This list- of e-=lo-eat op__ings - .?oes net- reouire the hiring of any particular job applicant. or fr= any p= ,"tic-:,_a: groin of job at)licahts, and nothing herein is intended to z-e -ev-- the Contrac - r from anise aire_._ts __ ars statutes, Zxecutive Orde_ss, or regulations rega=.^..,•; scri--i- -ation in e= ploy =ent. - (C) The reports required by paragraph (a) of this CIzu--e shall include, not be li -i.t.3 to, _e_orts which shall be� fi-ted =t least Cuarter?'.r w__h the am3r=riate local office or, where the Contractor has Wore th= one establ;sh- nent in a State, with the central office of the State enploy =ent sex-rice. Suc'- reports•shall im4iicate for each establishment (i) the of i,dit-duz_s w- -= -were hi --red during -zha period, (ii) the m=ben of those hired w::o ::ere disabled veterans, and (iii) the nu`ber of those hiredssh-o -were r_ondisabled veterans of the Viet:j- era. The contractor shall su aLt a re_ ort within 30 d—z s af-ler the end Of each period wherein a-- perfd: -- zc:e is nave iuider =._S Contract. _ _- erp_ra -_oa of _w s b =itzed of = .er' - _al _ , — y =eft under -he <:7--jag 4 - - they s^al1 be __ onreques � for 'b-.- __y aumhc_:z_d -__se-nt_.iv_s of the Officer of of the Sec at_ of Labot-. td} When _.__ . Co trazzor becomes -contractually bo=a C: tne iiszi: g __ =_s_ --e s_. -1 advise 'the F system ..._ -rein. he _s__., _ -_.__- of the P_a=_ ana of eac==sL•chjests__- -- in _c_ _.-__. _„rg as the he contractor is contract ally bo':nd to zhas_ _ro-r_s_ons ____';-=_s sa _.:isedythe State enplo _a system, there is .a .__ei advise the 'State system of stf:)secuent contracts. The Contractor yay adv the State system when it is no longer bound by this contract clause. (e) 'i'his clime does not.acplj to the listing cf e7010f- eat openings -Which occur and ---a filed outside of the 50 States, the District of Columbia, the Coj�=cnwealth of Puerto Rico, Guar, and the Virgin Is7z= ds. (f) This clause does not apply to openings which the Contractor proposes to fill ?ram i-chin his o,n organization or to fill pdrs��t to a custoaary zrd tra'_ti.oa =i employer -union hiring a-rarge ^mart. finis °;ciusi.oa does not apply to"a particular opening once an en?loyer decides to coasidar-applica-uts outside' of his owe organs zatioin or employer =union arm ge=e^t °or that opening' (g) As used in this cla• se'- (1) "•sill suitable e--ploy=ent openings" iac5cd.°s, but is not 14cited to, openings which occur in the fella+ ng job categories. Praducti -c= and nom ?roductioa; plant and office;_ laborers and mech-ni.cs; sumerris=7 z=d naasup -'visord; technic-11 and executive, administrative, and professional. opeair- Bich a.-- compensated on. a salary basis of less than $18,000 per year. The ter= inclu' -'-s full -tin' e=g1o,- =eat, temporarJ employment o' mo e than 3 daysl duration, and. pa t -time esplo�Tent. It does not include openings which the Contractor proposes to fi11 frm witl,n his o;,-a orga�izatioa or to fill pursuant to a custos=r' an3 tT_2ditioaal employer -uniaa hiring arrangement. (2) "Appropriate office of the State enpleY=n&- "service system" means the local office of the Feder=i -State national syste= Oif publi-c'e=?loynent offices with assigned responsibility for serving the area of the asteblisb=ent where the employmeat opening is to be filled, incluiing the Dist3cc of Col--bin, the Co=on- at Opening of Puerto Rico, Guam , an the Virgin Islands: . (3) Openings which the Contractor proposes to fill fro= within his own organization "'means employ_ent openings for whi.cli no consideration. u±I1 be given to persons outside the Contractor's ow n organization (including aff� =ales, snbsidia_ -ies, and parent companies }, and includes any- openings wFcich the Contractor proposes to fill from peg marl/ established "recall° Ox- !rehire"_ lists. (u) "Openings which the Contractor proposes to fill ?�'=nt to a custoxary and traditional e.^?loyer -union hir+_ag a*r--eat" s deem=s a ?pecialt • opeair_gs z..r which no consideration :.'ill be givea to 'cersoas outside of a sgeciz? hiri -,� ar.2 Bement, including openings which the Contractor proposes to fill fray marina relationshi tnion halls, which is part o= the custori; -y a-id tra1� =0= 1 p whica exists betweea• the Contractor and representatives of his employees. (5) "Disabled-veteran" means a-person entitled to disability co`persatioa. under laws a mir_istered by the Veterans Admire stration-for a disability rated at 30 percent-- or more, or G e _ rsca ~hose discharge or release fro-- active duty was for a disability incurredoraggravated in line of duty. Ot-2 cancellation or dirersio: of is an ' =ding cow _eats correr rg - _so _=^� nes d - ._.e�dir_S beyond zhercate of such te= ._.iaa�zoa to the e_csea -Y�� they rela,.e to the perfo Dance of any work te=irated by the notice. rescect to such canceled co —iitmenzs the Contractor /Sacgr tee agrees is (1) settle all outstanding liabilities and all cle s - rising out of such cancellation of coiLLitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require; which appro,a_ or ratification shall be final for a!--- ru_-ooses of this clause, aza (2) assign to the Prime Sponsor, in the ma___r at the time, to the extent directed•' the Prime Sponsor's Coarasz_ng Officer, 11 of the r gat, z_ _e, and interest of -the Co ^•'tractor /Sucgrr_,tee under -the orders end suycontrac,s so ternated, in 'A,ich case the Pr're SJ7om§or s�.. 'I I ve the righ =i t, __ it discretion, to settle or pay any or all el ai-s a- -sing out of the of such orders and subcontracts. (c) The Contractor /Subgrantee shall subm;.t his t__;natioa claim to the Pri_e- Sponsor's Contracting 0_ficer aroaptly after receipt of a Notice of Termination, but in no event later than one year Pram tee ef'ective date thereof, unless one -or more exte=nsions in routing are a_anted by the Prime Sponsor's Contracting Officer i.:on written request of the Contractor /S--'- . grantee within such one-year period or authorize& este=-sian thereof. Lnon failure of the Contractor /Subgraatee to sut•_.it his termination clam within the time a].:Owed, the Prime Sponsor's Contracting Officer -may, subject to any review required by the contracting agency's prccedu-xes in effect as of the date of _ecutioa of this contract /sucgraat, dete,i_me, on the basis of info=- st.iun available to Iii=, the a =ouat, if any, due to the Contra =tor/ S,.ibgrantee by reason of the termination and sh.Ii thereupon. parr to the Contract or/Subgrant ee the amount so deter.rined. (d) 'Any dete--mfnation of costs under -paragraph: (c) shall be governed by the cost principles set forth in the ?T_.TOWABLE COST, Fr= FI—E, AIM P_4'r_. lWaNT Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, ecd subject to any revie'a required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this centract%subagrant 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 e_:.ount or a =ounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon out - standing co= mitments for personal services which he is L?ble to c acel Provided, howa-rer, That in connection with any outstay Tng cc— itmenI for Personal services -which the Contractor /Subgrantee is unable zo cancel, the Contractor /Subgrantee shali•have exercised reasana'oie dlligeaee to dierge such commitments to his other activities a»d operation;. An such m ,� shill be .._co"ed is an a, a- ant _ T_ ag,.» e to contr ;!-ub3_azt and the Coa- z-__to-/Subgra^_tee shall be avid the geedo * -t (f) The Pri =a Sponsor :ay from tine to tine, under such-terms —d' conditions as it n°tir prescribe, ntke pertial payments aga.nst costs incurrea. by-the Contractor /Subgrantee in-connection with the te--ni. -Hated portion of this contract /subgrant x :ene^re =, in the opinion o_f the Prime Sponsor's Contracting officer, -the• aggregate of such payments is within the a=u=:,' to Mich the Contractor /Subgrantee will be entitled hereunder. _Tf the-total- of such payments is in excess of the amount finally agreed or determined to be du_ under this clause, such excess shall be payable by the Contractor/ Subgr_ ^_tee to the Prime Sponsor upon demend: Provided, That if such excess is rot so paid upon.de_jid, interest thereon shall. be payable by the Contractor /Subgrantee to the Prue Sponsor at the rate of G percent per ana;a, begin ag' 30 days from *the date of such. demand , (g) The Contractor /Subgraatee agrees to transfer title to the Prune Sponsor and deliver in the n,,, »er, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such iaforr+atioa and items which, if the contract /subgrant had been coaeleted, would have beet ' required to be furnished to the Prime Sponsor, including: (11) Completed or partially co-roleted pleas, drawings, and informations (2) Materials or equipment produced or in process o- acquizz-ed in connection with the perfor -ance of the work terminated by the notice. Other than the above, any termination inventory resulting f_ram the terminati:or 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 Pr�ei- Sponsor•s Contracting Officer. Fine proceeds of any such disposition stall. be applied in reduction of any payments to-be made by the Prime Sponsor to to the Contractor /Sub- rantee under this contract /subgrrnt or shall otherwise . be credited to the price or cost of work covered by this contract /subgr=t or paid in such other nanner as the Prime Sponsor's- Contractinz, Officer IF - direct. Pending final disposition of property arising -from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary-, or- as the Prime Sponsor's Contracting Officer may direct, for the - protection and preservation of the property related to this contract /subgrant which is in k the possession of the Contractor /Subgrantee and in which the Prime-SPOMSOr has or may acquire an interest. 9. CO_TSTRUCTI03T MM BL r,??y,G p &A3ILi !Off _ The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior- approval of the Price Sponsor"s"- Contracting Officer. Any projects approved by the Denert^_ent of Labor and the Prime Sponsor shall be ad=i.nistered under the guidelines of A -102 e1d parts of Paragraph DI, ap ?iicable to coastructior proc•,irei eat. —v co _tract /s'-Cbgr -- she", be eoLtaoly adjusted by agreement between the Con" - •actor /Subgran e amid t_-e 'rime Sponsor's Contracting Officer, and suci*_ adi st :eat shall be e.id_nced by an amend=ent to this contract /sub - . grant. (i) The Frime Soo=sor may from time to time, under such tees and c='itions as it mar prescribe, Sze partial payments and payments on - aCco'Lt against. costs inc',L- red by the Contractor /Subgr°, :tee in connection the t____nated portion o' the contract /subg aut whenever in the o_inign oP -he Pr_ 2- Sponsor's Contracting Officer the aggregate of such _ p_, =ents shall be wit'bin the a=o�_t to which the Contractor /Subgrantee will • - .,e entitled here+�?er. ifs n __ total of such payments is in excess of tie a=] -1IIt fin°lJ deterined to be due under this Clause, such excess shall be payable by the to the Pr =e Sponsor upon demand, to -,.-ith interest cow wed at the rate of 6 percent per annum, for the period from'theldate such excess pa, -neat is received by the Co--tractor/Sub- at to the date oa_-.:h_c: such excess is repaid to the Pr*ye Sponsor: Provided, however, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the CO=traCto_Is /Scbg-_=tee's cl_= by reason of retention or other disposition of terr-ih =tins inventory ti til tea da/s after the date o° such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circu=stz^_ces. (j) ine prG'risions Of this clause relating to the fee shall be in- applicable if this contract /subg ant does not provide for pleat of a fen_ 8. TERHEraTTON FOR COQ FEUM -z 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 Contractor /Subgraatee is an educational institution or other nonprofit institution On a no -fee or no Drof)_t basis. (a) The perfo--=aace of work under this contract /subgrnt may be terminated, in whole or fro= time to time in part ay the Prime sponsor - w`ne =e *rer for any reason the Prise Sponsor's Contracting Office.- sha11 deter- ai =e that such te— in_tio= is in the best interest of the rri-.e Sponsor. Termination of wore hereunder shz=1 be effected by delivery to the Contractor/ Subgra_tee of a Notice- o' Te =ination specifying the ecte_t to which per - fo =azlce of work ur-der e contract /subgrant is terminated and the date upon which such ter_..inatio= beca=es effective_ - - - - (b) After ra Ce1pt 0-' he aOtice of Fn '-rte / 1. -,. . t^ Termination - Con�,__cta Sdb9 aatee s ^SH cancel his youtstar_3 ng =co- hereunder n3 procure eat o tments hereunder coveri t� m f =aserials, sy_p_ies, eauic_ent, and miscellaneous items. S¢ addition, the Co_�ractor /S,3gran_t_e sh�l e_._rcis= all reasonable diligence to acco_=_I�sh he �_r�natio_ of this contract/ (y) In Che eT,e_t Q' �' t, 2- Sponsor a ^_d oat far the default siborant for the convenience o_' a a re- centime of the fee of the (.'On t_actOr /Subarent e, there shall be paiT _ ^xoietior. of ;ors corte^niated by the equivalent to the percentage of t ^e c.,r, _ contract /subSraYCt, less fee pay�ects previously npde aere'trde'' 01 (B) In the event of the termination of this contract/ subarant for the default of the Contiractor /Subgran`ee, the total fee payaole sa =�i be such prc?ortioaate part of the fee (or, if this ccn`ract /subgrant C3113 for articles of dif?erent types, of such -0-art Of the- fee- as is reasonably allocable to the ty_e of article i=aer consideration) aa'the °� Prime Sponsor totI number, of articles delivered to and accepted by � mind called for byJthis bears to the total n• =ber of article3 of a sse ' contract /si'bgrant• d d under this suD-?2 agraP (l) ' -5 less than the total If t.e amOint etera:ne payment, theretofore made to the Contractor /Subgrantee, the Contractor/ Suograntee shell repay to the Prime Sponsor the excess amount. (2) If the settlement inclines only the fee, the amount thereof will be determined in accordance with subparagraph (1)(iv), above. ( Tt contractor /Subg nt aee shall have the right o° appeal, under the clause of this contract /subgrant entitled "Disputes," from any deter- . mi.nation na_te by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor /Subgrantee has failed to submit his claim within the t1Le ProVided in Pa=ag=a °h (c) above and has =ailed to request ext :_nsion of such time, he shall have no such right of '- Ppe?1• ,in any case where the Prime Sponsor's Contracting Office* has made a deter- mination o£ the a�ou =t due under paragra ?h (c) or (e) above, the Prime Sponsor sha11 pay to the Contractor /Subgrantee the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contdatermine3 Officer, or (2) if an appeal has been taken; the amount finally on such appeal. In arriving at the amo•mt due the Co=tractor/Subgrantee under this (�) l' dated 2d:'?s'Ce Or Other a2�"t." °_ntS clause these shall be deducted (1) all un ?qui theretofore nude to the Contractor /Sub3rar- -tee' a °=1�- cable to the ter.�'asted s•ub^•ant, (2) any claim ++zich t?:e Prime Sponsor may po;vion of this contrac�/ a- th;a contract/suo- haVe ainst `he Contractor /Sabo a. =tee in connection grant,, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acq ^?red by the.- Ccutractor %Subgrztt -a or, sold pu - vu3: - -t' t0 tll`: prod :+.O ^3 Of this clase -=d not other;, Be T i c^Ted J;f Or credited to ,ce ?riae S_ ens.._ . i (h) 4 :nation, t -e - ,=.'en of ice fee ueich In ch° event o_ � partite is payable with respect to the nork4tmder the con` -hued portion of the d. Subject to the provisions of paragraph (c), and subject to any _evie —w r__ired by tie contracting a,-ency's procedures in effect as of t. =te of _- •_cution a° cis ccstra_t /s•ibb_ant, the Contractor /Sucgrantee and-. the ?ri= elSpansor's Ca��ra=ing Of icer may Sr _7 the whole or any p�u of the amouat,Or ­o=ats to be -o-id (including an alowance for the fee) tc "t -.e Contractor/Suharantee by reason of the total or p_,�-tial tei• iaa. ,ion of work pursua to this clause. The contract /subgra_nt'shall be ' - amended accordingly, and the Contractor /Subgrantee shali I be paid the agreed_ amount. t e. in the event of the - falliure of the Contractor /Subo antee a„d the -' !'rime Sponsor's Contrac1i *'g Officer to agree in Whole or in pa . ; as -Dro- - _ vided.in. paragraph (d) an r (d), as to the ouats with respect to costs and fee, or as 'co the amount of the fee, to be paid to the Co ^_tractor• /Su::g*a_tee- in corr=ection with the ter ination of work pursuant to this clz.zse, the Pri-e Sponsor`s Contracting Officer shall, subject to any review red *i -ed by the contracting agency's procedures in effect as of the date of execu- tion of tiffs contract /sub, amt, deter^'= aa, -on the basis -of infor---atiod r available to hie, the aunt, if any, due to the Cont ractor /Scbantee• - - - -_ bY- reason of the te- -+±.,- tion and shall pay to the the a=uat determined as follows: -. 'if the settlement includes cost and fee There shel l. be included therm all costs -and esgenses r rei3oursabls in accord2=ce with this con tract sub Y` / grant not previously paid to the Contractor /S1f13-_ "tee for the perf0z=a ce of this contreatVsubgrant prior to the effective date of the Notice of Terrminatiom, and such -of these - -' costs as may continue fOr a reasonable time•thereafter with the aDDroval of or as d rested by the Fri-_e Sponsor's Contracting Officers Provided, however, That the Contractor /Subgraatee shall proceed as rapidly as practi- - cable to discontinue such costs; Thee shall be included therein so far-as not. included under- (i)'above, the cost of settling and paying claims arising out of the - te*_reiaatioa of work under subcontracts or orders, as provided in pa —k,. ._ :• (b)(5) abare, which are properly chargeable to the ter mated portion of the contract /subgrant; - -- _ There shall be included is the reasonable costs ' of5 - _ - settlement, including accounting, legal, clerical, and other expenses reaso —bly necessary far -the prep _—szion -of settlement cleirs wad supporting , data with respect to =_ -er ina_ea portion of the contract /s: grant and Por -_ she te_rmi.nation and setplammeat of subcontracts- thereunder, together-with. reasonable storage, tra-_sportatioa, and other costs incurred in cor,, ction` ' with the protection or disDOSition of termination invento*7: . Provided, however, that if the ter_ination is for default of the Contractor /Subgr zrere `she l not be ircl=ded any a.a *ts for the preparation of the Contractarrsf SUbgra.n,ee's settlement proposal; and (iv) There Sl -11 be included therein a potion of the pWable under ='ee -.r r the contact /s�;bgrant determined as follows: - (3'1 of s-:ch Tea=t of the ark as shall not y, been t _____fed -bp the :notice of Te — ination; and (9) -Ta=e such action as may be necessary, or as the Prife Sponsor's Contracting Officer nay direct, for the protection and prese �- t_o= of t..e-prooerty. related to this contract /subbrant v ch is in the oa o' .-- Contracto r /Sub3rantee and in „hich the Prime Sponsor has c _ _ _ �n inzerest . , s'r. proceed i - ediate? f zt the cerfo=:�ce Cc_�rzc.or /Sub, ante_ _ ob'_'_3a: o ^as °- otritrstamd-lag any delay in Bete_ Ing or za.'s -in9 %1° - - - - ".Y ite_ ^o' .el'_'-.ZU.TS3� -e C7st, -;-der t'- is clause. �•♦ Yer e- i���. -.t ].�� 01 tale P" �i�t. clear aaCe '� -_ -od, Z.�l. d'�..�� •°..Q Zn s hp °f .`lyof _e Fed -gal Procurement Regulations (41 C:? 1 -8.1), z; the ae -,--on may be amended fro; t -e to time:, the Centractor/-s' grantee n submit to the ?rye Sponsor's Co-t_acti.ng Officer a list, ce —ified as to quaatity and quality, of any or all items of tex—mimatioa inventory not e r o:s�i cisposed or, exclusive of items the disposi�lon of ".-hich has been d or authorized by the ?rime Sponsor's Contracting Officer, and `.y -egsesn the Prife sponsor to rea:-e such items ar eater Ito a storEge r t co -x =ring them. riot later than fifteen (15)' dz;�s thereafter, the Prime e Sp Pri_e SaOnsor -,rill accept such ite.:s and remove them or eats into a storage 2j Tee_ent co'rt' ring the same: Provided, That the li St submitted Sh?1.l . be S, -.0 to verification by the Prife Sponsor's Contracting Officer Ziv -upon re_oval of tile_ items or, if the items are stored, withi= forty (45) days fro_ the date of submission of the list, end any =ecessary adjustment to correct the list as submitted shell be made prior to final settlement. c. After receipt of a notice of Termination, the Contractor /Sub- grantee shall submit to the Prime S7Cn56r'a Contracting officer his terrina- tion claim in the fora and with the cartificat:L= prescribed by the Pane Sponsor's Contracting Officer. such claim shall be submitted promptly but in no event later than one year from the effective date Of ter-inatioa, -unless one or more extensions in writing are granted by the Prime Sponsor's Contracting 0 "! cer upon request of the Contractor /Sub zamtee rade 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 ci =3 at �;;/ Y__e a ft er such one -year period of any extension thereof. -- ti�oa _ _? i ? of the Co ^_tractor /Subgrantee to submit his ter ms aa,ion cla- ° '+ t .j. ti °ir °,- r.gv� SL'ojeCt t e e allo=wed, the Pri*=e Spoa.sor S ConYr�c n3 0 =' - - -�- o �y re.�e:: rzb..ir d by the contracting agency's nrocedz:es in effect as Of the date of execu� ion of °this contract /subgrant, determine, on the basin o° _ i^_°o^ _tioz available to him, the a ^_osnt, if any, due to the Contractor/ _ - SuhgT� ;ee I 7e'asoa _ °or the tezm ration ' ard'sh -I l there'.?on pay to-the c r / =f_tSr�.tee the .count so determined. (6) 'Veteran of the vietnz= era" -means a person (A) who (i) ser e!d active duty �_ n ti'te �_ed Forces for a period of `ore tisan 130 days, any ,aZ­t of w:*.ica afmer A,.iEizt 5,, 196"', znd was discharged or released there -from with othe^ the., a P_shoaorable discharge_ or (ii.) was di$ charged or released frcn active elut7 -for _ te3-_-iisa*.ity if a._f :art of such duty was perfor--ed =after August 5, 1964, and (B) who, was so disccarged cr released within the 48 months preceding his annlication for enploy__ent co:-ere'; by this clause. (h) if a.-y '- .isabled veteran or veteran of the Viet ^..__ era believes that _ - Contractor (or are;.-, first -tier subcontractor) has failed or refuses to eccpiy ._-- p rovisccns this contract clause relating to giving special ernhasis is . e= 71ey--ent to veterans, such - veteran may file. a co3p1 -i..t x_th the veterss' e =l^,,^ent r -rese^_tative at a local State e ?ayn°_t ser,-ice Office ,rio will a_�te=m- to i_.._ .i'y' reS017e the cW jaizt 2.:i them taiga the CC^_�� a,int : +" _ etort yon t. at.L= -ti to resol:'e tae natter t0 the .4tat.:�office Of the `%ter z=s, Se_ -=ice of the Depa^t`e^ -t of Labor. Such cc=_ I wit s_ l I then be ^ro7__mtly referred through the Assistant Regiona? Di.reetc- for Ma =c •.ter to the - Secreta^y of Labor who shall _nvestigate such ca=pj .i=t and shau take such action thereon as the facts a:d circjstances wari —It cc=sista&. with the ter-3 _ If tai s Con:rscc and the laws and regulations apgL.cable thereto. (1) The Contractor agrees to place this clause (scat: dins this paragman: Ci) in any subcontract directly under this contract. 11. DEMONS Under the Most c•orpelling circt;..stances such as situations-ahere the needs of the COVe= -nt carrot reasonaoly be oth_rriss surulied, where listing of " emplo -,m0nt opeaings would be coctrary to national becuritp, or ,There the re- q . -event of listing would otherwise not be in the -best interests of the Govern3ent, a deviation from this subpart =ay be Madams subject to the aporoval of the Secretary of Labor. Re quests for any sucli deviations sh11 be addressed _ to the Assistant Regional Director for Mannoxer, U.S. Deoartaent of Labor, Federal Building - U.S. Courthouse; 1100 Co.rr-.erce Street, 7th Floor, Dallas, Texas' 75202, wherein the contract is to be signed, and shs11 set forth the reasons for the request. 12. DISPUMIS a. t,-tcept as ofhercr se pra'riided iu the contract /su 9 -ant, -Y dispute concerning a cuestion of fact a-�-isina under this cont=act /suogr2nt uaich is not disposed of by agree_*!ent shall be decided by the Prime Sponsor's Contracting Officer, Who sh311. reduce his decision to icing end mail or otherld3se f,— aish a copr thereof to the Contractor/Su b3r� tee. ! she decision of the ?rive Sponsor's Contracting Officer shall be fine and, Conclusive unless vith1— 30 days fr= the date o- receipt of such cc_r, the Contractor /Subg.-antee arils or otce_rYtse furnishes to the Prie S -oonsor's Contracting C_ficer, a xritten apneel addressed to the f, r Sponsor.' The decisica o° the Prime Sponsor's "COntractin3 OfficeY for , 'the detera nation of such ap=eals shall be fial and conclusive unless determined by a court of competent jux-'_sdictica to have been fraue+•lent, or cepricious, or arbitra_7, or so grossly e_-ro^eous as necessarily to irm y bad faith, or not supported by substantial evidence. la convection With any appeal proceedir_3 under this clause, the Contractor /Gra=tes shall be afforded an opoortunity to be heard and to offer evidence in su^ort of its appeal. Pending final decision of a dispute hereunder, the COntrectO / Subg=antee s'nall proceed diligent2y-14ith the per°or ^ce of the contract / . subgrant and in accordance with the Prima Sponsor's Contracting Wfi.cer's deciaLoa. b. This "Disputes" clause does not prey -ut3a consideration of la-r questions in connection -with decisions Previdea for in p_ seraph (a) above: Provided, That noth -jmg in this coatrant %subgrant shall be construed_ as making final the decision of any administrative official, representative, cr bow-a on a question of lea. 13. __ SU3C0 A =G The subcontractor shall obtain ;ritten consent of the Prime Sponsor prior to subcontracting any Parts of this aS=e�ent• The Contracting Officer may, in his discretica, ratify in yrriting aRT such. subcaatract; such action shall constitute the consent or the Contracting Officer as required. by this Paragraph. 1):. COURT ACTIMIS The subcontractor agrees to give the Prime Sponsor s*_•mteaiate notice in writing of any actions or suits filed and.•proypt notices of any clai:s the ar'-� made against the Price Sponsor, the subcontractor, or any of a p t_es involved in tae •! ^p.°= e ^_tatioa z<zd adninistration of the CnA Program. i 1 • 15. C:DE ca In the event there are inconsistencies or conflicts ;I -the grarz and /or contract, unless otherwise provided, thereon, the inconsistencies shall bs resolved by giving precedence in the following order_ 1. 2. 3. 4. 5. o, 16. mot The Act (Public Lava 93- 203, 87 Stat_ 834) The regulations as approved by the Secretary of Tabor Stec =al Clauses Kr, 74 -7 F.'•1: 74-4 The Comprehensive Manpower Plan as stated in the grant as applicable to each title, ions passed by the Consortium Fkecntsve Board: Jura 13, 1974 1. That each program that is approved hays an approved wage scale derived from a comerehensive� wage study conducted in their arenas and also that each program have an approved Affirmative Action Plan. June 17, 1971. 2. --at the =Y;,-„*r salary under CELL monies, for one year, not exceed $15,000 and that those agencies involved in those prog aes, provide the extra monies, if there is a need, to a•,:,..o^ent the yearly salary. 3. That each program be allowed 14 per mils traval expense. 4. That out -of -area travel for each program no' . exceed $25 per day June 27, 1974 5. MMID.•_ -_iT T0, APPROVED •)T_OY r`'3 (6717 fi4)j: That eacn C TA e--,jlo;,ee be allowed a =aximmcta�of 12¢. par idle car allowance for aLl. autharized travel. 6. That it is strongly reco•. :ended that 50 patent of all e.�loyees of all funded agencies be profession. ^_al amd 50 per- cent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. 2 1�,75 7. T--t no con,-.--actor exceed 17% for cost. 8. A3^•;3TMil i0 APPRG= i•DTION r4 (6 -17_.q )- That al-i olil-o£- ar ea. travel for a-iy program have clearance. b7 the staff. Jvl7 17, 1975 9. AF! lD:is- lT TO APPROV=� 3•DTION -j: A3_lowance of uo -to 16� pe; ' rye for travel, kV-ILaSILITY U Fti`TDS 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 prise 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 confirazd in writing by the prime sponsor's Contracting Officer, is given to the contractor. I I 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 ex cutioa of a formal contract unless such. costs are specifically authorized in witting by the prime sponsor's Contracting Officer. CP': IF! CAT ION FOR CASH DEPOSITORIES r:d 74 -7 AT_ACID —ENT A - Paragraph. 3 The undersigned hereby certify that: "Any moneys advanced to the State or local governments ulb ich are detereined to be public moneys (owned by the Federal Government) ust 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 Piave (Signature) (Date) (Type Name) (Title) Name Town of Refugio P.O. Drawer Z, Refugio Texas 78377 Y (Signature) (Date) Bill O'Rear (Type Name) Mayor (Title) ACREZHENT FOR SPECLU BAINK ACCObNT The Town of Refugio hereinafter referred to as the Contractor; the Administrative Unit of the Consortium hereafter called the Prise Sponsor and a banking corporation located at ' 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 - 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 VI 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 lien 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 Special Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bark Account. 8. A11 moneys deposited in the Special Bank Account are public money subject to the requirements of Title 12 Section 265 U.S.C., The Bank agrees to take all necessary measures to qualify with the Secretary of the Treasury as a depositary of public money and to deposit satisfactory security by the deposit of United States bonds or otherwise, for the safekeeping and prompt payment of 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. - - -- - �� =yu —uu, oases upon estimated maximum bank balance, (excluding FDIC•coverage of $40,000, is DATE DATE R. Marvin Townsend -- I J Bill O'Rear City Manager AUTHORIZATION FOR- ADVANCE DVA.NCE PAYMENT „ An initial advance payment to the contractor in the sum of 61,657 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 submission 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 con *racting officer hereby determines that the ma1king of such advance payments without interest is in the public interest. CERIIFICATIONT 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, tha following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chie Financial Officer I___I Check if one has not been appointed or designated. 2. Will the Accounting System be directly maintained by you? Q Yes D No (If No, who will maintain the account- ing system? Name and Address i i 3. Are you Familiar with the Department of Labor Audit Requirements? ❑ Yes n 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.) USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official I Telephone No. and Area Code Signature k 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. CORPUS CHRISTI, TEXAS �AY OF TO THE Kt?k3ERS OF THE CITY COUNCIL 19Z CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE O;iI�I NANCE, A PUBLIC EMERGENCY AND OF THE FOREGOING IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- 31ON OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE rITY OF CORPUS CHRISTI, TEXAS U THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ' JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE