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HomeMy WebLinkAbout13538 ORD - 11/22/1976JKH:hb:12 /22/76 AN ORDINANCE AUTHORIZING THE CITY V'ANAGER TO EXECUTE FOR THE CITY, AS THE ADMINISTRATIVE_INIT FOR THE COASTAL BEND MAN- POWER CONSORTIUM, A CETA TITLE III CONTRACT WITH THE CITY OF CORPUS CHRISTI, MANPOWER ADMINISTRATION, WITH THE BEGINNING DATE OF OCTOBER 1, 1976, IN THE AMOUNT OF $4,372, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY CONTRACT MODIFICATION AND DOCUMENTS FOR THE IMPLEMENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID CONTRACT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute for the City, as the administrative unit for the Coastal Bend Manpower Consortium, a CETA Title III contract with the City of Corpus Christi Manpower Administration, with the beginning date of October I., 1976, in the amount of $4,372, all as more fully outlined and set forth in the contract, a substantial copy of which is 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 contract modification and documents for the implementation, continuation, and administration of the aforesaid r contract. SECTION 3. The necessity to authorize execution of the afore- said contracts and such other necessary and related contract modifications and documents as may be necessary in order to implement, continue and administer the aforesaid contract creates a public emergency and an im- perative public necessity requiring the suspension of the Charter rule r 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 such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and MICROFILMED JUN '� 01980 13538 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of December, 1976. ATTEST: Cit Secretary MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: �f DAY OF DECEMBER, 1976: S. BRUCE AYCOCK, CITY ATTORNEY By Assistant City rney I 1 __.iuNTRAcr NUBER - -' -- onzFZCAxzai'Trffr3PR- CO:1T ?4GT SIGNATURE SHEET 158 -8247 NSAli - ?11.a S ?ONSOR: ICC \TRACTOR: Coastal Bend Manpower Consortium (City of Corpus Christi - Manpower Administration P. 0. Box 9277 ,P. 0. Box 9277 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, hereinafter referred to as Prime Sponsor and Manpower Administration 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 32 pages, including this page, aad such other pravisiona and documents as are included herein. The Coo= ractor hereby agrees that he has read this Contract and will abide by all terns specie fed herein and also certifies that the information in this Contract is correct to the best o 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 October 1, 1976 thra February 28, 1977 B. CODIFICATION N/A This action _increases _decreases does not change the Prime Sponsor obligation fol this contract by (this action) $ -0— to (new level) $ -0- C. OBLIGATION TITLE FISCAL YEAR TOTAL ky 19J/ itle III $4,372 I $4,372 Total $4,372 $4,372 AF ?ROTE] FOR THE PRIMER SPONSOR: DAY 07 1976 L L : boll P„ Marvin Townsend, Contracting Officer APPROVED FOR THE CONTRACTOR. DAY OF 11976 BY: Signature BY: R. Marvin Townsend, City Manager Jason Luby,Chairman Name and Title Sponsor Use Only) ATTEST City Secretary Date APPROVED: DAY OF , 1976 Director of Finance APPROVED: DAY OF . , 1976 City Attorney CETA - July 1976 .-. DMU nPpravnl No; 4.1•Iil Sts A. GRANTEE'S NAME AND ADDRESS U.I. DEPARTMENT OP LAUCR 0. GRANT NUMBER City of Corpus Christi CmPlarrn.,st ,nd Tr1lnl.g AdminlRnOuo 158 -8247 Manpower Administration 1. J II C. TYPE OF PROGRAM P. 0. BOX 9277 BUDGET INFORMATION SUMMARY Corpus Christi, TX 78408 7 'li 2 1. O Till. 1 3. $] Ttua ul 4. CI Till- VI • 2. C3 Tlllo 11 fsplelryi. ESL ..................... ] zl x: D. FOR REGIONAL OFFICE USE ONLY 25 5 ' �•, CONTRACT KEY T MOD. DATE D 3 ¢ L n67 ee " -i ,.! If ¢ 1 a d �z 1T {' f D Sti 26 LL �� Z U a 1. Prime Sponsor Obligations MM 00 YY ] 84.372 70 G -,• 3 2. Total Projected Expenditures by Program 4 s Y' 35 2 2 X623__ f '1, '.. 3' [y •'i72 '� ; : 35 'i !< ••• 35 Cull 2 J 6 5 G 7 6 9 10 71 12 17 14 15 16 17 16 17 20 21 x2 2J 24 25 2G 27 26 29 E. BUDGET SUMMARY COST CATEGORIES a. GRANT PROGRAM ESTIMATED UNEXPENDED FUNDS 1 53 NEW OR REVISED OUDGET c. Public Service Employment 1, TOTAL .� i '. b. Federal, br��_���° �y1R' i P } ' IV�a`��J°,•� l f ^1.. •,y e. Non•F.cI Tni 1rY� �,.. 1�r,,� V` 3 d. Fodatai 4 372 e. Nan•Faderal i"•i,''4'' '741T.-1i1' i`1. ;I xi�i' l s � saI , 4xb. •ut-•:n• r � • � FUNCTION OR ACTIVITY _� Administration _ �r"�3fr�r •r— t•'HS.� ,• `:�F'T'.$1...• ,l '+i» `'5 t•l:Y:•,:-;'�4` . } t,: '$ uu d 2. Allovancs a, 1 , ' at` ''"i l i �r�'��`_.tr,,�,,1ti.'k� {'�4S'1,,,.t,, } . 35 4L •�,' 71 _ -'t `"'''; ..,'`'' 3. Wages 4. Fringe INnelil, .ti Iri i 1�` tr{T k �ih L`7�V %ItYl15 i�. 44 sx 3 26 .t,�gyr.'1•' ��y ;('' %,, P�.�v i.;1 tib:•_51• i�'t'�rI'.I{ "' `Ve;:•a +•''• v. 7'ralllln7 !" r 1., S' ?t"I�.`.�•4�; /��:u 62 O 4 ^ "tY4,?'t:",• G. Scrvlees - - - - --- -- - — In tt• M.,..i�'Ff,,r�P'r,)1I�'(1w•'t'ji ; );r, l•. {a $. _%2i,• tt ,• drSL. �n.•cL••.+. }; ;RME" y. .i _`_ 'i�::'�...,,ilSa: , h ,k : i1 35 ..':,:'t 1l_C..w, , 4 . 1�.1' _ s'.lie �.'.' ,'7� $4,372 1 s J 21 26 3. Projected Expenditures for Vowllar al Ed. In Ste 14 Grano to Gov Mor'l :y ,r ,t,1 1 $4,372, 44 7. Totals U 1 44 4. Projected Exputd,tutcs of Non•Fcd, Funds `. 5.1 ji: ;I F. CUMULATIVE OUARTERLY PROJECTIONS OF DIILIGATIONS AND EXPENDITURES IF-, Ovorlcr End,ny) 1 2 7 21 22 2a zn x' 3 2 J II 2. ?J 1A 2' 1 2 7 'li 2 22 2J 24 25 1 z ] zl x: z] x4 25 7 T D 3 ' 7 " -i ,.! 1. 0 9_ 7 .Z _ — — 10 26 26 26 1. Prime Sponsor Obligations D J $2,623 _ G ] 84.372 G -,• 3 2. Total Projected Expenditures by Program 4 s Y' 35 2 2 X623__ f '1, '.. 3' [y •'i72 '� ; : 35 'i !< ••• 35 a. Cluvomn Training, Prima Spomor p1• 44 ;., jt 41 41 41 b. 0114hc4ob Training ik 1 53 1, ,p' , • 'L 53 1 53 c. Public Service Employment j 162 { 62 62 62 ' d. Work Experience .'�1 ,1 71 i (1 91 } . 11 4L •�,' 71 ' ' 2 J 26 2 7 2G 1 2 3 26 1 2 7 26 o. SarVICas to Participants O 4 O 4 O 4 G 4 I. Other Aelitllu �, . ho 35 n' •i1 35 ;•fit -e 35 35 3. Projected Expenditures for Vowllar al Ed. In Ste 14 Grano to Gov Mor'l :y ,r ,t,1 44 ;;? '' V As 44 t. 1� p • :F 44 s•• '• ,1' )� 44 4. Projected Exputd,tutcs of Non•Fcd, Funds `. 5.1 ji: ;I 53 :k4 53 ' t :'r 53 S. Other red. Funds, Not !n Prime Spon. Ckonl ;kt 62 q: a:% 62 iy ` 62 '• i:y G2 6. Crand Total • ProJceled Gxpcndilures 1. 71 $2,623 ` :11 4 372 ? 1 71 �� >:, 71 ETA 6.145 (Jun. 19761 i . 1 PaZuGR.'�i - ESL _..._ --- - - - - -- SUPPLE' -'ANT TO THE CETA - PPS /BIS TITLE III I. NU:3ER OF INDIVIDUALS PLAi�•:NED TO BE SERVED, PROGW=M YEAR TO DATES. YDN -TH-YEAR II. NL;CdER OF PiDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH ' MONTH LLI. LL'MULATIVE PROJECTE EXPENDITURES BY MCN7 OCTOBER 1976 $ 874 NOVEZ�MER 1976 $1,749 DECKER 1976 $2,623 JAb'UARY 1977 $3,498 FEBRUARY 1977 $4,372 " M.di`tCfi . APRIL MAY JUNE JULY • AUGUST SEPTEMBER INSTRUCTIONS j 1. Eater the total planned number of individuals who are planned to be served cumulative each month. Only individuals who have been declared eligible for and are receiving services, training, or employment should be counted_ The number in December, March, June and September should agree with the entries in Part TA 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. ih=_ number in December, March, June and September should agree with the entries in Part IC of the PPS. I!I. _nc_r the planned accrued expenditures of funds cumulative by month. The totals in Lacember, March, June and September should agree with the entries in Part F of the BIS. PROJECT COMPONENT BUDGET TITLE I F-71 TITLE II OF CONTR4CTOR: City of Corpus Christi FiNCTION OR ACTIVITY: Manpower Administration Fiscal Year 1977 Modification No. N/A TITLE III BUDGET APPROVED CHANGES REVISED BUDGET (+ or —) I BUDGET (1) ADMINISTRATIVE COST: $ 4,372 $ N/A $ N/A (2)" WAGES: (3) TB.AINING: (4) FRINGE BENEFITS: (5) ALLOWANCES: (5) SERVICES:, TOTAL $ 4,372 $ $ BACK. –UP SUPPORT BUDGETS (1) ADMINISTRATIVE COSTS BUDGET APPROVED CHANGES REVISED BUDGET (t or –) BUDGET a. STAFF COSTS: $ $ N/A $- N/A b. FRINGE BENIEFITS: c. CONSUMABLE OFFICE SUPPLIES: d. PROGRAM EVALUATION: e. ACCOUNTING SYSTEM: _ f. W.NAGEHENT INFORMATION SYSTEM: g. STATE MANPOWER SERVICES COUNCIL: N/A h. PRIME SPONSOR PLANNING COUNCIL: i. TRAVEL: ' J• RENT: k. UTILITIES: 1. CUSTODIAL SERVICES: T— m. INDIRECT COSTS: n. STAFF TRAINING: c. TECHNICAL ASSISTANCE: - y. EQUIPMENT: q. _,MERIAL: r. CAPITAL RIPROVM NTS: s. PUBLICATIONS: �. AUDIT SERVICES: $ 3,000 Proration for U. OTHER: (Specify) Manpower Adm. 1,372 V. OTHER: (Specify) W. OTHER: (Specify) ._. OTHER: (Specify) SUB –TOTAL $ 4,372 $ $ PROGRAM NARRATIVE The internal administrative controls including the accounting system is in accordance with established policies and criteria of the City of Corpus Christi as the Administrative Unit responsible for the operation of the program. The funds provided in this Title III ESL Contract are for audit and proration for the Manpower Administration Office. ASSURANCES AZO CEiRTIFICATiONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment aad Training Act (CETA) of 1973, as amended (P.L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 38 Stat. 1845), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal 2lanagement Circulars (FiC) 74 -4 and 74 -7, as those circulars relate to functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, and other documents under the Act. 2. The applicant further assures and certifies that if the regulations pro- mulgated pursuant to the Act are amended or revised, it shall comply with them or notify the Regional Administrator for Employment and Training within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the Regional Administrator may take appropriate action including termination, if necessary. 3. In addition to the requirements of I and 2 above and consistent with the regulations issued pursuant to the Act, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; that a resolution; motion, or similar action has been duly adopted or passed as an official act of the applicants governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may ba required (sections 102(a); 701(a)(9) and (10)). b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L. e3 -352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from part:icipation in, be denied the benefits of, or be otherwise subjected to dis- c_-- iration under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate t'c._s agreement. 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 unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No persons with responsibilities in the operation of any program under the Act will discrimination with respect to any program partidipant or any appli- cation for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (section 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) which provides for fair and equitable treatment of persons displaced as a result c= Federal and Ferally- 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 r=_auiremeat that no program under the Act shall involve political activities (section 710 and 703(2)). 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 a desire for private gain for themselves or others, particularly those with whom 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 related to the grant (section 713(2)). j. Participants in the program will not be employed on the construction, operation, or maintenance of that part of any facility which is used for reli- gious 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 reason- able with regard to the type of work, the geographical region and the proficiency of the applicant (section 703(4)). m: Provision of workmen's compensation protection to participants in on- the -job training, words eaparience, or public service employment programs under the Act at the eame level and to the same extent as other employees of the em- ployer who are covered by a State or industry woe=en's compensation statute; and provision of workmen's compensation insurance or medical and accident insur- ance for injury or disease resulting from their participation to those individuals engaged in any program activity under the Act, i.e., work experience, on- the -job training, public service employment, classroom training, services to participants, and other activities, where others similarly engaged are not covered by an zpplicable workmen`s compensation statute (sections 703(6) and 208 (4)). n. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). p. Training and related services will, to the 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) and 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 employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of proSrams under the eligible applicant's grant (section 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and pro- visions of the Act, including the maintenance of records to assist the Secretary in datermining the extent to which the p =ogram meets the special needs of dis- advantaged, chronically unemployed, and low income persons for meaningful employ- ment 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 participants (section 703(13)). u. The program has adequate administrative and accounting controls,per- sonnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. 'The program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). w. Individuals receiving training on the Job shall be compensated by the employer at such rates, including periodic increases, as may be deemed reason- able under regulations prescribed by the Secretary, but in no event at a rate which is less than the highest of; (1) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938. The only exceptions to sec. 6(e)(7.) are those pertaining to the Conmorwealth of Puerto Rico, the Virgin Islands, and American Samoa, where wages shall be consistent with provisions of the Federal, State, or local law, otherwise applicable. Wages paid to partici- pants in the Trust Territory of the Pacific Islands shall be consistent with 1OcRl:.lew, a -;cept on Eniwetok Atoll and Kwajalein Atoll, where aec. +6(a)(1) is applicable; (2) the State or local minimum wage for the most nearly comparable . covered employment; (3) the prevailing rates of pay for persons employed in si filar occupations by the same employer; (4) the mini —, entrance rate for inexperienced workers in the same occupation in the establishment or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area or, any minimum ' rate required by an applicable collective bargaining agreement; (5) for part icinants on Federally funded or assisted construction projects, the prevailing rate established by the Secretary, in accordance with the Davis -Bacon Act, as a=ended, when such rates are required by the Federal statute under which the assistance was provided. X. It will comply with the labor standards requirements set out in section 705 of the Act. y. Services and activities provided under this Act will be administered q. Ias.ituticna_ ae :ill trainia„ and Craiaing on the job shall only be for occupations in which tee Sec.etar;: or the prime sponsor has determined there is reasonable expectation fog employment (section 7c3(10)). r. CE.A funds will to the extent practicable, be used to supplement, rather than supplant, the ltvel of fe-.dr, that woul3 otherwise be available for •e placni;g and administrativa of pro,;rams under the eligible applicant's grant (section 703(11)). S. it will submit reports as required by the Secretary and will maintain records and provide access to them as :ecassary for the Secretary's review to assure that funds are being eapeaded is accordance with the purposes and pro- visions of the Act, including the maintenance of records to assist the Secretary in dstermining tine extent to which the program meets the special needs of dis- advantaged, cnroaically iecployed, and low income persons for meaningful employ- ment 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 participants (section 703(13)). u. The program has adequate administrative and accounting controls,per- sonnal standards, evaluation procedures, availability of in— service training and technical assistance programs, had other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). w. Izdividuals receiving training on the job shall be compensated by the employer at such rates, including periodic increases, as may be deemed reason- able under regulations prescribed by the Secretary, but in no event at a rate whicb.is less than the highest of: (1) the minimum wage rate specified in section 6(a)(1) of the :air Labor Standards Act of 1938. The only exceptions to sec. 6W V) are t ne pertaining to th.e Co =onwealth of Puerto Rico, the Virgin Islands, and American Samos, where wages shall be consistent with provisioas of the Federal, State, or local law, - otherwise applicable. Wages paid.to partici- pants in the Crust Territory of the Pacific Islaads shall be consistent with �ocPX law, e_•:cept on Eniwetok Atoll and Kwajalein Atoll, where sec. 5(a)(1) is _pplicabit; ( ?) the State or local minimum wage for the most nearly comparable covered employ- eut; (3) t::= prevailing rates of pay for persons employed in solar occupations by the same employer; (4) the mialmum entrance rate for inexperienced corkers in the same occupation in the establishment or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area or, any minimum rate required by an applicable collective bargaining agreement; (5) for part- icipants on Federally funded or assisted construction projects, the prevailing rate established by the Secretary, in accordance with the Davis —Bacon Act, as amended, when such rates are required by the Federal statute under which the assistance was provided. X- It will comply with the labor standards requirements set out in section 705 of the Act. y. Services and activities provided under this Act will be administerec) by or under the supervision of the applicant (sections 105(x) (1) and 205 (c)(1)). z. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. as. If the applicant is financed by letter of credit: (1) Letter of credit cash dra:wdowns will only be initiated when actually needed for its ETA grant(s) disbursements; (2) Timely reporting of cash disbursements and balances will be wade to the Employment and Training Administration as required; (3) 'It will impose the same standards of timing and amount upon any secondary recipients including the furnishing of reports of cash disbursements and balances, bb. For grants, subgrants, ccatracts,:and'subcontracts in excess of $100,000', or where the contracting officer has determined that orders under and indefinite quantity contract or subcontract in any year will exceed $100,000, or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857C- 8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency . (EPA) or is not otherwise exempt, the grantee assures that 1) no facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; 2) it will notify the RA, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and 3) it will include substantially this assurance, including this third part, in every non - exempt subgrant, contract, or subcontract. B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those ccst in need of them including low income persons and persons of limited English - speaking abl -iity, and that the need for continued funding of programs:.-of demon - _tsated effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of institutional skill training shall be designed for occupations in which skill shortages exist (section 105(a)(6)). 3. The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of the Act (section 105(b)). 4. It will make such arragements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (section_ 105(a)(7)).. 5. Special consideration will be given to the needs of eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other than a dishonorable discharge within four years before the date of their application_ Each pri.:.e sponsur in selecting participants for programs funded under Title I of the act, shall take into consideration the extent that such veterans are avai_iable in the area. Specific effort should be made to develop appropriate full or part -tzse opportunities for such veterans. The prime sponsor should util'_ze the assistance of the State and local veterans employment service representative in forLCalating its Program objectives. On a continuing and timeiY basis, information on job vacancies and training oppor- tunit'_es funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating infor- mation to eligible veterans (section 104(b) of Emergency Jobs and unemployment Assistance Act of 1974). C. Additional Assurances Relating to Public Se -vice Employment Pro rams For public service employment activity, the applicant further assures and certifies that: 1. :Special consideration will be given to the filling of jobs which pro- vide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (2) provide participants with skills for which there is an anticipated high demand, or (3) provide participants with self - development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in thisparagraph 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 servica jobs shall be provided in occupa- tional fields which are_uost 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 given to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not-authorize the hiring of any person:wlien any other' person is on lay -off from the sane or say substantially equivalent job (section 203(c)(7)). 4. two funds will be 1:0<d 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 hiring an employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have Participated in man - power training programs for whom employment opportunities would not otherwise be immediately 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- Agencj,-:, -,,Id to fir �tciZI CAS--�3taaCe is Uade avallable Und-=r this title- ha.,e Or Wl-'l UI-dartake, analyses c--- Jab descriptions and re-evaluations an-1, 3.here shown ri-2tcssaary, revisloas of qualification raqui=e- man's at all levels of .It. including ci-,rtl sat'rica mequi=emeuts --ad practices relating tharato, in vecor-der-Le with reTalatioM-3 precribed by the Sec - retary, With a vi2,v = canting szt�!ftciel bazziers to public of those '-"b�m it ',s the P'LEVO:Ie O,' LIe Act to 205(c)U85). 8. WII-2Za ap.,),:os-zIa'--c, Ir. or pcv,,-_ and Other- r.IaLpowar prog-a�,B fr th pu-- . ide S u1t`k upgradia73 employe-i -f-. pL,.'Djjc ser- a jj, _pose of (1) pro'vidivg those Parsoms _ ns W-10 'a=nt to Pursue wo=k ;ita the -,jplCye7-, . in the UZMM-a or sim.Ular oppo:t=itieI3 C-0 do so ard t3 fim4. �,p- d mobile carae-.s 4 gar P- that field, an--! (2) PrQVJdir-,- those persoas 8o employed *.who do not Wish to Pursue Permanent careezla is such field, *.with opportunities t se -a �70rlz in other fial-'s (sectiOP-5 205(0�19) and 604). prepare- for: for, and Obtat 0 Pak, e- 9. The program vill, to the Maximum extent feasible, contribute to the el 4M4n Ation of arti-ificial barrjsrs to eMDlQyMent and occupational ad•"..= including opportunities for the disa67.antagad (section 205(c)(21)). 10. Not more than mae-third of the participants in the D-' "gram W11.1 be em-ployed in a bona fide profeas--Ional capacity (as such term- is vtaed in sacticn 13 (a) (1) of the Faiz Labcj* Standzjr-jz Yct of 3933), a=c=pt that this paragraph shall not be applicable in the case of ra::ticjE).Mts emloyad a�l _,laS3-_oM teachers, and the Se--rarsjy m,-:y vqaije I - . - . imitstiaa in. Stances (section 205(c)(22)). 11. Tabs i11 be R-UnCated ariuitably to local aad ageaciaa •i`u--S 'zto account th I Yed Paz,-XJI'J STitilin their jurisdict.10=9 an3 the needs oz the a� Pacias (section 205(c'%(23"). 12, The 4oba La .Ea-zh jri zateg')r'-, IM :!x) -rev -Itlfrinjpa epon the D -;omotina a I opportunities W,-i& wvuld othero-lss ha w"VLL-j'le p pzars')aa c-'a=:;:v-=-IY emplt;-.ad 1,2 public Sezlrica jL�bs not at.h�,idizad 2:he Act, w, assure t - - will! d a r hat no 4 ab be filled ir otlier than r-a 2n::rIr le -_11 ;, 1-3 a in ern>h job P-ategory =til ::pPIiCable personnel 'k-'P-ive b;rrsak'254 agtSempnta ha-ve `wean complied witi, (sactit;n 205(r-) •`,24)). 13- JObb are I- adilzivn co rb_3a :'4r,: F- v�-r--Jj L-e fl;udad by r;,-a spousar in the -:5sance 01 -slaianc-e v.--ds= t�,a Act (se2ti-= 245(c)(24)). 14. -P2:Cs0'Is iu Pufllic sarvice jabs tmder this :a_ct shall M paid which shall not br. lower thaw 'Pif-hichever is the high--st of: (a) The MiUiMIM 1LOUrly Tqaga Sat 071t in section G(a)(1) of the Fair mdr,rds Act of 2938, as anerded, The only exce�)tj=3 to section 6(a)( I-abor Ste are where -a partiripan-t 1.9 Ul C�tA-Ipt unna2r section 13tr -or th-nis.- Partair-fuz to the CO=ow"ev:LtII of Puarn thre Vi-.' -Gin� ISI'andr., and &M-erican Samoa %AIZ-7.2 wagar. Shall be cr'raijteat gith the Fe---ral' stat's or local law appli- cable, Wages paid ra varc±cipanta in the ]:--qist Tarr,to�na Of the Pzc:Lf-:L.:: Islands sb011 ba cal!BEstect with lacal ls77, except 'Da EllIv.er k zltzll and 0 M;ajalein Atoll, Whara ,ectior. is applicable. )Col' The State or local ail nur -aege for the icost Lm-srl7 Cy., covered p,7,ble (c) the prevailing rate of pay for persons employed in similar public occupations by the same employer (section 208(a)); (d) the minimum entrance rate for inexperience workers in the same occupation in the establis'nmeat, or, if the occupation is new to the establish- ment, the prevailing entrance rate for the occupation among other establishments fn the community or area, or any minimum rate required by an applicable collective bargaining agreement; or (e) the prevailing rate established by the Secretary, in accordance with the Davis -Bacon Act, as amended, for participants involved in employment covered by the Davis -Bacon Act. D. Additional Assurances for Title II Programs. All assurances in C above apply to activities funded under Title Ii. In addition, the applicant will assure -that: (1) Only persons residing within the areas of substantial unemployment qualifying for assistance will be hired to fill jobs created under Title II 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 employed under any program, other than necessary technical, supervisory, and administrative personnel, vill. be selected from unemployed and underemployed persons (section 205(c)(20)). :- (3) Special consideration shall be given to eligible disable veterans, special veterans, and veterans who served in the Armed rorces and who received other than a dishonorable discharge within four years before the date of their. application. Each eligible applicant selecting participants for programs funded under Title II of the Act, shall take 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 employment vacancies under Title II, except those to which fort:er'employees are being recalled, mum= 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 may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applica =ts are tc be referred after the 48 -hour period (section 205(c)(5)). 2 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 infor- mation on job vacancies and training opportunities funded under Title II of the Act to State sad local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). E. Special Certification for State Grantees: A State grantee further assures and certifies that it will comply with the requirements and provisions of section 106 and section 107 of the Act_ ASSURANCES AND CERTIFICATION 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 duly authorized. ' City of Corpus Christi Manpower Administration Office P. 0. Box 9277, Corpus Christi, TX 78408 (Legal Name of Applicant) (Address) R. Marvin Townsend, City Manager (Signature of Authorized Officer) (Typed Name & Title of Authorized Officer) Date of Application M SPECIAL CT.AUSES a. The Prime Sporsor's Contracting Officer may, at any time, without notice to the surer ;es, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government - furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime 3por,sor'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/ Subgranree 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. i - d. If any change under this clause causes an increase or decrease in the Contractor's/ Subgrantee's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And - provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective speci- fications. e. If, the Contractor /Subgrantee intends to assert a claim for an equitable adjust- ment 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 nonetary'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 "he cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgraltee's claim for adjustment, the Prime Sponsor's Contracting Officer hall 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. b al_owad 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 +_sting, 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/ Sub grantee in (b) above, resulting from an oral order by the Prime Sponsor's Contracting Officer. i 2. NONDISCRI?INATION 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 vilth 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 qualifi —. cation, retirement plan, or statutory requirement, and (b) that contractors and sub- contractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such emplo) ^se.t unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. CL=LD 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 accor- dance with the limitations Imposed by 29 CFR Part 1500, Subpart C. 4. ECL'_^.,. OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will ta-e 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: Employiieat, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, 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) ine contractor will send to each labor union or representative of workers with whit: n� 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 wccxers' representative of the contractoP s commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous ;laces available to employees and applicants for employment. !�l Ti.e contractor will comply with all provisions of Executive Order 11246 of ;epnmbar 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, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and a_counts 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 nondiscrimination clause of this contract or with any of such rules, regulations, or orders, this contract may be caucelcd, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized 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. The contractor will include tte pro-risio —i of pa:.., \;ca; :i (i) though (7) in ever^ c n�raet or ,)urehase ordac unless E_.L:zpted by rc ::, ragoiatioc:s, or orders of t.._ _ _ _ of _.cbc_ issued p,irsu-nc to seccion 204 of -,.2ze_Ltiva Order 11245 of 24, 19 5, __ thst such provisions will- be bin Sine cgaa each subcontractor or verdor. -'be contractor will take such action with respect t_o any subcontract or purchase order as the contracting age^_cy may direct as a means of enforcing such provisions in- c_c =aactioza for aonr_onplionce: Provided, however, That in the event the contractor b ccx s involved in, or is thr._atened kith, lirigatioa with a subcontractor or vendor as such direction by the contracting agency, the contractor may request the << _" states to esta- `nto suci: litigation to protect the interests of the United States. \3 03 : L LEE RAGES ._ hoarl ;1 z>—eLn paid to enrollees or trainees shall net be less than the following, wichaver is 'nigher: (1) The minimum rate required under the Fair Labor Standards Act incluc_•_o any special rate provided by specification under Section 14 of the Act, as amender 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. o. TERMINATION OF TB D-4EES 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 w_satisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargaining agreemant, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. 7. TERIMNATION a. The performance of work under the contract /subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Zontractor /Subgrantee shall default_ in performance of this contractiscbgrant in accordance with its terms (including in. the term "default" any suci, a.0 = +ire by the Contractor /Subgrantee to make progress in the prosecution of the work ::ere der as endangars such performance), and shall fail to cure such default within a pe-rio_ ,f :an days (or such longer period as the Prime Sponsor's Contracting Officer may s=le-•=) -fter receipt from tha Prime Sponsor's Contracting Officer of a notice specifying °ae :. snit; or (2) haarever for any reason the Prime Sponsor's Contracting Officer shall de:- that such tarmiratioa is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor /Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the extend 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/ sLogrant 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 Coatractor's /Subgrantee's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor /Subgrantee pursuant to the provi- sions of the clause of this contract /subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor /Subgrantee shall: (1) Stop work under the contract /subgrant on the ante and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, e::cept 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 Termination; (';) 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 Pr =me 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; (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 reimbursable in whole or in part, in accordance with the provisions of this contract /subgrant. (6) Transfer title to the Prime Sponsor (to the extant that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which if the contract /subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract /subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract/ subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor) Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of the work covered by this contract/ subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which . the Prue Sponsor has or may acquire an interest. The Contractor /Subgrantee shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of the fee, or any item of reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1 -8.1 of the Federal Procurement Regulations (41 CFR 1 -8.1), as the definition may be amended from time to time, the Contractor /Subgrantee may submit to the Prime Sponsor's Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not Previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Prime Sponsor's Contracting Officer, and may request the Prime Sponsor to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of sub- mission 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 /Subgrantee shall submit to the Prime Sponsor's Contracting Officer his terminatioc claim in the form and with the certification prescribed by the Prime Sporsor's Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of term - miration, 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 therefo. 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 tine after such one -year period of any extensioi thezeof. Upon failure of the Contractor /Subgrantee to submit his termination claim with- in the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review require,'. by the contracting agency's procedures in effect as of the date of execution of this cer_tract /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 /Subgrantea the amount so determined. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor/ Sub grantee by reason of the total or partial termination 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 / Subgrant and the Prime Sponsor's Contracting Officer to agree in whole or in part, as provided in paragraph (d), as to the amounts with respect to costs and fee, or as,to" the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of 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 pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee - - W There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter* with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, iowever, That the Contractor /Subgrantee shall proceed as rapidly as practicable to disci tinue such costs; (ii) mere 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 sub - coa_racts or orders, as provided in paragraph (b) (5) above, which are properly charge- able to the terminated portion of tLe 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,Sand 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: (A) In the event of the termination of this contract /subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the com- pletion of work contemplated by the contract /subgrant, less fee payments previously made hereunder; or (B) In the event of the termination of thij coatractjsubgrant for the default of the Contractor /Subgrantee, the total fee payable shall be such proportionate part of the Zee (or, it tis contract %subgrant calls for articles of different types, of such part of the fee as is reasonably allocable to the type of article under consi deration) as the total number, of articles delivered to and accepted by the Prime Sponsor bears to the total number of articles of a like kind called for by this contract /subgrant. If the amount determined under this subparagraph (1) is less than the total payment, *_heretofore made to the Contractor /Subgrantee, the Contractor /Subgrantee shall repay to the Prime Sponsor the excess amount. (2) If the settlement includes only the fee, the amount thereof will be determined in accordance with subparagraph (1) (iv), above. f. The Contractor /Subgrantee shall have the right of appeal, under the clause of this. con=racc /subgrant_ entitled "Disputes," from any determination made by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor/ Subgrantee has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Prime Sponsor's Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor) Subgrantee the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. g. In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /sub grant, (2) any claim which the Prime Sponsor may have against the Contractor/ Subgrantee in connection with this contract /subgrant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pursuant to the provisions of this clause and not otherwise received by or credited to the Prime Sponsor. h. In the event of a partial termination, the portion of the'fee which is payable with respect to the work under the continued portion of the 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 / subgrant. _. 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/ suL3ra:t 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 ent =t1r_1 ',areunder. If the total cf 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 /Subgrantee 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 pa} -en-' attributable to a reduction in the Contractor's /Subgrantee's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be inapplicable if this contract %subgrant does not provide for payment of a fee. S. TER N_kTLION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern In lieu of clause 9a should this contract /subgrant be for experimental developmental or research work and the Contractor /Subgrantee is an educational institution or other nonprofit institution on a nc -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 determine that such termination is in the best interes 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 perfor- mance of work under the contract /subgrant is terminated and the date upon which such term - inat -on 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 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 (Z) 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 inter- est of the Contractor /Sub grantee under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination,of such orders and subcontracts. c. The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more exten- sions in writing are granted by the Prime Sponsor's Contracting Officer upon wri or tten request of the Contractor /Subgrantee within such one period or authized extension - thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any due to the Contractor /Subgrantee by reason of the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. d. Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/ subgrant. e. Subject to the provisions of paragraph (c) above, and subject to any review require 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 or 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 outstanding commitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding commitments for personal services which the Contractor /Subgrantee is unable to cancel, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Contractor /Subgrantee shall be paid the agree amount. f. The Price Sponsor nay from time to time, under su.:h terms and conditions as it may prescribe, sake partial payments against casts incurr<_-'_ by to Contractor /Subgrantee in connection with the terminated portion of thLs contract /subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount_ to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due urider this clause, such excess shah be payable by the Contractor /Subgrantee to the Prime Sponsor upor_ demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 20 days from the date of such demand. g. The Coctr_ctcr /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /sub grant 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 arty such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Contractor/ Subgrantee under this contract /sub gran*_ or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pendiug 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 Cont ractor/Subgran tee and in which the Prime Sponsor has or may acquire an interest. r 9. CONSTRUCTION AiD BUILDING REP.ABILITATION 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. 10. Or EMPL01 ENT 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 employment 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 including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated - corporate affiliates, 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 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 pursuant 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 e2ploymert openings does not require the airing of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor Pram any require eats in any statutes, Executive orders, or regulations regarding nondiscrimination in employment. c. The reports required by paragraph (a) of this clause shall include, but not be li-ited to, periodic reports which shall be filed at least quarterly with the appropriate loc ?l office or, where the Contractor has more than-one establishment 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 period, (ii) the number of those hired who sera disabled vate_ans, and (iii) the number of those hired who were noadisabled 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 this contract. The Contractor shall maintain copies of the reports submitted until the 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 represent- atives of the Contracting Officer or the Secretary of Labor. ' d. Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such establishment 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 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 clause 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 propose& to fill from within his own organization or to fill g pursuant to a customary and traditional employer - union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer - union arrangement for that opening. g. As used in this clause: (1) "All suitable employment openings” includes,'but is not limited to, openings which occur in the following job categories: Production and nonproduction; plan*_ and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employment, temporary employment of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his o'M organiza- tion 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 employment offices with assigned responsi- bility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's own organization (including any affiliates, sub- sidiaries, 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 tradi- tional hiring relationship which exists between the Contractor and representatives of his employees. '(5) "Disabled veteran" means a person entit_ed 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 a,1ve duty was for a disability incurred or aggraysced in line of duty. (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 for servica connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 mor_ths preceding his application for employment covered by this clause. h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first-tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment 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 Veterans' 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 terms 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 requirement of listing would other- wise 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, Employment and Training Administration, 555 Griffin Square Building, Griffin and, Yotng Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. 12. DISPL'1'ES 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 agree -= .:ent 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. 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 capri- cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor /Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision.' b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, --hat nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any parts of this agreement. The Contracting Officer may, in his decretion, 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 -4 (6) The Comprehensive ranpower Plan as stated in the grant as applicable to each title. 16. ?lotions passed by the Consortium Executive board: June 13, 1974 - Each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas, and an approved Affirmative Action.Plan. i June 17, 1974 - Out -of -area travel for each program not exceed $25 per day. June 2, 1975 - No contractor exceed 17% for administrative cost and All out -of- area travel for any program have clearance by the staff. July 17, 1975 - Allowance of up to 16C per mile for travel. 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. CASHDEFJS "iu�1G5 %I 714-7 ATTACfCfi..'.:.. q - Para;;ra, ; T he hereby certify that: Any oae; advanced to the State or local goveraaants c:rich are de*- ermired to be public moneys (owned by the FederaliGovernment) must be deposited in a bank with FDIC insurance coverage and to balances exceeding the FDIC coverage must be collaterally secure, as pro vided for in 12 U_S.C. 265. Bank Na3a Corpus Christi Bank _ Name City of Corpus Christi and Trust, P. 0. Box 4666 Manpower Administration Corpus Christi, Texas 78408 P 0. Box 9277 C.C. Tx 78408 (Signature) .(Signature) (Date) (Date) R. Marvin Townsend (Type'Name) (Type Name) City Manager 'Title) (Title) Handled the same as the Administrative Unit G\ufa:.�6 iiT :vF S?`:C_r..i- ,, °.A[;ti ACCOUNT >e City of Corpus Christi Manpower Adm. Ofe- hereinafter refferred to as the Contractor; the Administrative Unit of the Consortium hereafter called the Prime Sponsor and Corpus Christi Bank and Trust a banking corpor._ition located at P. 0. Box 4666, CorQus_Christi�TX 78408 hereinafter referred to as the Bank, >by mutuall. agree-as follows: 1. As a condition to the makine of advance or supplemental payments under. tiie Contract between the contractor and the prime sporsor amounts advanced to the contractor by the prime sponsor shall be deposited in the account established at the bank, designated as the "City of Corpus Christi combined funds Special Bank Account," hereinafter referred to as the Sp � 3l ubi:k Account. 2. The Bark is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 C.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 tha 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 = _..eipt of written directions from the program agent or his duly authors -ed representative, the Bank shall act thereon and shall be un6er no liability to any party hereto for any action takes in accord - dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or es�c. ian, 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 clos%ug of this Special Bank Account. S. All moneys den osited in the Special Bank Account are public moneys - 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. BANK USE BANK COLLATERAL BANK NAME Corpus Christi Bank and Trust BANK COLLATERAL required, based upon estimated maximum bank balance, 'exclndiaF FDIC-coverage of $40,000, is $ SIGNATURE DATE TYPE NAME TITLE CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME City of Co rpus Christi Manpower Administration SIGNATURE e/ DATE SIGNATURE B� DATE TYPE i AIIE R. Marvin Townsend TYPE NAME R. Marvin Townsend TITLE Contracting Officer TITLE City Manager Handled the same as the Administrative Unit 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 fur_ds. 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 Financial Officer QCheck if one has not been appointed or designated. Handled the same as City of Corpus Christi , 2. Will the Accounting System be directly maintained by you ?. Q Yes a No (If No, who will - maintain the account- ing system? Name and Address s. Are you raru.iiar wicn the Leparcment or Labor aua1L mequxremencs: X� Yes Fj 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.) Same as City of Corpus Christi 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 Telephone No, and Area Code R. Marvin Townsend, City Manager 512/884 -3011 Ext. 200 Signature I Date of Execution BONGING REQUIREMENTS 1. List of persons authorized to sign checks or withdraw funds from the Special Bank Account. 2. Copy of Bond covering those persons. Same as City of Corpus Christi CORPUS CHR13T1, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RE30LUTION 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 COUNCILS 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, (2_� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T E FOLLOWING VOTE: JASON LUBY OR. 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 Luar OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE i {