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
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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
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