HomeMy WebLinkAbout13963 ORD - 09/28/1977. r
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AN ORDINANCE
Y AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
AND ALL.RELATED DOCUMENTS WITH THE HARBOR PLAYHOUSE
FOR NINE PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER
TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT OF 1973 IN THE 41OUNT OF $60,200, ALL AS MORE
FULLY SET FORTH IN'THE CONTRACT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A "; 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 a contract and all related documents with the Harbor Playhouse for
nine public service employment positions under Title VI of the Comprehensive
Employment and Training Act of 1973 in the amount of $60,200, all as
more fully set forth in the contract, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A ".
I
SECTION 2. The necessity to authorize execution of the aforesaid
contract and all related documents in order to provide employment for nine '
public service employment positions,as aforesaid,creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date
of its introduction but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having
declared such emergency and necessity to exist, and having requested the
suspension of said Charter rule and that this ordinance be passed finally
on the date of its introduction and that this ordinance take effect and be
in full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the_N!� _day of September, 1977.
ATTEST:
" City Secretary
M O
DAY OF SEPTEMBER, 1977:
J. BRUCE AYCOCK ITY ATTORNEY
By
Assistant CitylAttorne
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in effect and
force with or without the
signature of the Mayor, in
accordance with Article II
Section 6 of the City Charter.
I
MICROFILMED
JUL 0'i w�U
13963
z
I&
CETA CONTRACT
HARBOR PLAYHOUSE
TITLE VI
a.
CETA CONTRACT
HARBOR PLAYHOUSE
TITLE VI
TABLE OF CONTENTS
CONTRACT SIGNATURE SHEET . . . . . . . . . . . . . . . . . . . . . . . Page 3
PROGRAMSUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
PSE OCCUPATIONAL SUMMARY . . . . . . . . . . . . . . . . . . . . . . . Page 5
_PROGRAM NARRATIVE . . . . . . . . . . . . . . . . . . . . . . . . . Page '6
CETA PROGRAM PLANNING SUMMARY . . . . . . . . . . . . . . . . . . . . Page 9
BUDGETINFORMATION SUMMARY . . . . . . . . . . . . . . . . . . . . . . Page 10
PROJECT OPERATING PLAN SUPPLEMENT . . . . . . . . . . . . . . . . . . Page 11
PROJECT COMPONENT BUDGET . . . . . . . . . . . . . . . . . . . . . . . Page 12
ASSURANCES, CERTIFICATIONS AND SPECIAL CLAUSES. . . . . . . . . . . . Page 17
AVAILABILITY OF FUNDS CLAUSE . . . . . . . . . . . . . . . . . . . . . Page 45
STANDARDS OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . Page 46
SUPPORTIVEDOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . Page 47
-2-
1 ,
TABLE OF CONTENTS
CONTRACT SIGNATURE SHEET . . . . . . . . . . . . . . . . . . . . . . . Page 3
PROGRAMSUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
PSE OCCUPATIONAL SUMMARY . . . . . . . . . . . . . . . . . . . . . . . Page 5
_PROGRAM NARRATIVE . . . . . . . . . . . . . . . . . . . . . . . . . Page '6
CETA PROGRAM PLANNING SUMMARY . . . . . . . . . . . . . . . . . . . . Page 9
BUDGETINFORMATION SUMMARY . . . . . . . . . . . . . . . . . . . . . . Page 10
PROJECT OPERATING PLAN SUPPLEMENT . . . . . . . . . . . . . . . . . . Page 11
PROJECT COMPONENT BUDGET . . . . . . . . . . . . . . . . . . . . . . . Page 12
ASSURANCES, CERTIFICATIONS AND SPECIAL CLAUSES. . . . . . . . . . . . Page 17
AVAILABILITY OF FUNDS CLAUSE . . . . . . . . . . . . . . . . . . . . . Page 45
STANDARDS OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . Page 46
SUPPORTIVEDOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . Page 47
-2-
COP-TR.4CT SIGUATURE SHEET 160 -8554
tIODIFICA1101
i
iCl -,70R (Program Agent) CONTRACTOR
City of Corpus Christi Harbor Playhouse
P. 0. Box 9277 1801 N. Water
Corpus Christi, Texas 78408 Corpus Christi,'Texas 78401
This contract is entered into by, the Program Agent,. hereinAfter referred to
as Grantor and the Harbor Playhouse hereinafter
referred to as Contractor.
The Contractor agrees to operate a Comprehensive Employment and Training Program
in accordance with the provisions of this agreement_ This contract consists of
this sheet and such general and special assurances as are included herein
(See Page 2) -
A. OBLIGATION
(1) The total estimated Federal cost of the CET& FY(s)
1977 program is $ 60,200 as
reflected in Section E, f, Tine 7: of- the Budget Information
Summary. :This estimated cost will cover- the. gerlod
-October 1, 1977 to September 30, 1978
(2) Funds obligated by the Program Agent are -
$ 60,200 These funds cover the period
October 1, 1977 to 'September'30, 1978.•
B. MODIFICATION
(1) This modification %%increases /%decreases %/does not changer* '
the funds previously obligated by
$ to a total obligation of
(2) Description of Modification = .
C. TITLE AND FISCAL YEAR
The total funds obligated for this contract by title and fiscal year are .,.
Fiscal Year Title I Title II Title VI TOTAL
1977 stimulus $60,200 $60,200
TOTAL $60,200 $60,200
APPROVED FOR THE CONTRACTOR APPROVED FOR THE GRANTOR
BY: H. Neil Whiting, Director By: R. Marvin Townsend, City Manager
BY: Jason Luby, Consortium Chairman
ATTEST: Mayor -
City Secretary
APPROVED: A V
day of ,1977
Di ctor of Finance
City Attorney
-3-
,t
i
10. TOTAL 9 $60,200
11. OTHER ACTIVITIES
12. TOTAL
-4-
PSE PROGRAM SUMMARY
2. CONTRACT NUM
160 -8554
1. CONTRACTOR LIAISON OFFICIAL
3. TITLE VI
.H. Neil Whiting, Director
R U
ION OF FUNDS AND
JOBS
4. CONTRACTOR
5. TYPE OF
6. AREA
7. POPULATION
S.NO. OF
9. FUNDS
UNIT
SERVED
JOBS
Harbor Playhouse
Non - Profit
City of Corpus
9
$60,200
Christi
i
10. TOTAL 9 $60,200
11. OTHER ACTIVITIES
12. TOTAL
-4-
2. CONTRACTOR ,
PSE OCCUPATIONAL SUMMARY
Harbor Playhouse
1801 N. Water
Corpus Christi, Texas 78401
1. GRANT NUMBER
160 -8554
3. OCCUPATIONAL TITLE
NUMBER
CETA MO.
JOB
TOTAL
OF JOBS
WAGE RATE
DURATION
WAGES
(A)
B
(C)
(D )
(E
HARBOR PLAYHOUSE
Special Project Position
1
$650
12
$ 7,800
Technician /Actor
Stage Manager /Actor
1
550
12
6,600
Actor /Teacher
6
600
72
36,000
Clerk /Typist
1
500
12
6,000
4. TOTAL
9
108
$56,400
' -5-
4
PROGRAM NARRATIVE
A. Public Service Employment participants employed through the Title VI
Special Projects of tine Comprehensive Employment and Training Act of
1973 will be recruited and employed consistent with the Rules and
Regulations as published in the Federal Register, May 13, 1977, Volume
42, Number 93. Special project positions will be used to accomplish
specific tasks not to exceed 12 months as reflected on the attached Project
Data Summaries incorporated and are made a part of the Program Narrative.
B. Recruitment for position vacancies will be initiated by the Contractor
through the Texas Employment Commission, its own facilities, as well as
any other appropriate referral agency. Eligibility certification of
applicants will be consistent with a form prescribed by the Program Agent.
Selection and hiring of applicants certified as eligible for Title VI
program participation will be conducted by the Contractor.
C. To insure, as specified in the Act, that individuals from certain groups
receive special consideration for employment under the Title VI extension,
all vacancies will be listed with the Texas Employment Commission.
D. Monitoring of the program will be the responsibility of the Contractor
and is also subject to monitoring by the City of Corpus Christi as the
Program Agent.
-6-
ROJECT DATA SUMMAR)t
L. Contro__ is Name'and Address
City of Corpus Christi
Box. 9277
Corpus Christi, Texas 78408
Establish a Repertory Acting Company
IProject Number.
160 - 8554 -01 -33
2. Project Agency and Address
Harbor Playhouse
1801 N. Water.
Corpus Christi, Texas 78401
'urpose of Project and Brief Description of Work to be Performed
A special project repertory acting company would be formed to perform plays by'
adults for children in local•schools; a series of matinees at the Harbor Playhouse
for various age-groups from day care centers through junior high schools; and
to make programs available through the municipal recreation department at various'
recreation centers.
'►. Number of Participants to be Employed in Project* 5. Operational Dates
8 From' Oct. 1- 1977 To: sppr 10 1 C)
/rlvn t- ......1
iducatioaal
-y
Health &
Transporta-
Environ-
Creative
ecreational &
Hospitals
ion
mental
.a'r
Social
Fire*
Public
Housing
other.
.nforcement
Services
Protection
Works
(specify)
i. Principle
Public Service Job Title (s) and Average, Annual -Wage (s) **
Aver. Annual
PS Job Title
Aver. AnnU
PS Job Title
T
Wage
$
Technician /Actor 1
$ 7,800
$
Stage/Manager (1)
$ 6.600
Actor /Teacher (6)
$ 36,600
*Do not include anticipanted turnover -7-
Project Number
9JECT DATA StJPA n 160- 8554 -02 -34
Contrac.__:'s Name and Address 2. Project Agency and Address
City of Corpus Christi Harbor Playhouse
P. 0. Box 9277 - 1801 N. Water
Corpus Christi, Texas 78408 Corpus Christi, Texas 78401
Name of Project
Establish a Mailing List for Local Community Theater
urpose of Project and Brief Description of Work to be Performed
Special project employee would establish a mailing list of persons
in the Corpus Christi area interested in the community theater as
participants and /or audience members.* "
i
Number of Participants to be Employed in Project* 5. Operational Dates.
1
From: Oct. 1, 1977 To:Sept.30,19
Project
Public
Service
are
s IL - -& appr.
ducational
•Health &
Transporta-
Environ-
Creative
Recreational &
Hospitals
ion
mental
aW
Social
Fire'
Public
Housing
Other.
aforcement
Services
Protection
Glorks
(specify)
Principle Public Service Job Title (s) and Average Annual Wage (s) *x
Aver. Annual Aver. Anne
PS Job Title Wage
PS Job Title a
$
Clerk Typist.(1)
$ 6,000
$
$
*Do not include anticipanted turnover
-8-
CONTRACTOR'S NAME AND ADDRESS snnptoymatt 9114 .bit AdnslnletraIlan CONTRACT NUMBER: ,
CGTA 1`I10CRAM PANNING SUhiMARY
'Harbor Playhouse' •160 -8554
1801 N., Water e. GRANT YEAn ,. d. TYPE DF PnOCnAM
Corpus Christi, Texas 78401' Frorn• To ;
1. D Title I 3. Cl T'llto III Specify,.
October 1a 19.77''• September 30,' 1978. 2. D Title II t, 11 ride vi _
f011 REGIONAL OFFICE USE ONLY W Soo, 1: A (Pohl Tiuvollmenu)t IsC the Num of AJ) and LA 1�, pE(ToWI fermhial Nr) III the mm of 11,1 tkrough
CONTRACT KEY MOq. OATS a 11.3. - C '(Planned Enrollments) Is A ndnus D.
zo
s o )i d x T Sao. Ili Enter In lino (a) Enrolin!enls In each program aelivlly Cumulatively lhrougli the grant year, and In line
It w $'v E •n > EE ep0 E$ 0
n ° '^ o n '^ a o a ' t o p O (b) the number of participants planned to be enrolled In tneh. program activity at the and of cash
0 ku dZ '"� u9 S 0 quotter; participants who are concurrently enrolled'In more than one activity should be counted In lad
_ — MA1 0o Vv aellvlty 1!s which they era enrolled,
G r— �1 r Sec. lift Enter the cumulative number nr parltcipanh In each sr/ment to be entailed durtng the iliart
Pullelpantt diould bt counted In as many signifleant segment groupt as are applicable.
I. ENnOLLMENT AND 1EOMINATIGN SUMMAnY
• GIIANT YEAn•TO•DATE PLAN
LL A. TOTA O. TOTAL FC." PLA NNCf n.PO RT .ENROLL• 1: Enroll•• 2. Parllet• TERMINA• 1. Enl 2. Ot11er J. Nan• 0 PCRI00 MENTS manta pants CanSed TIONS EnY>fuyntnt a. l;,r i b. Indirect e. Obtahttd Poslltvo' potllivt nOI•UdrM
ud. � Over I Plenrl s. Piemle. Cnvaloimnr d nl aiuo�
%.,':; 7 7 9 ..9 0 0 0
0• 0 0 _Q_ 9
0 1 ° "a•,i�, +; % L h4s•.•i" ? >:ssgr a a 7 8 9 9 0 0 0 0 0 0
r x':•::��''�'��•itt��ra "'�q`F 0 0 7 _..
;�, r ;�� 8 9 9 0 0 0 0 0 0 0 9•
�• '; ,::e i'•r ,
1 ' oS' ciz yiVen o 0 . 7 • .. .,. , 5 o a�0 5
z z o
a rcsT'�
J : �i s T1 7767,7
�
•11, PLANNED ENROLLMENTS IN Pnowlvl ACTIVITIES
'
A D
C
D
E
CLASSn00M TnAININ
On- lho•Job
Training
Pub. Sonic;
Enpiorntoat
Work I
Cxnorlenca
Plane $I%n!.
Voa. Ed.
2
sl Talat Enrolimonte
12
7
7
�.
9
�.
_
J
b) Currently Daronad
l
a 7
7
Y
0) Total cnrollmonls
77
7
c
_
a
bl Currently Enrolled
o
� r
�
�^
'
Tutal.Cnrolimonls
"0
6 7
6
O
'J
bl Curronlly Enrolled
D
D 7
�-
9
z
at Total Enrollments
0
9 7
9
_ _u
U
_
J
ui Currently Cnrnllod
_
D
0 7
8
0
aa
'1 l
y J
'hr'i•�:•�t::'i °l; • 'i'!L ?� s• >iiis=Tlt'.ti?
2 L
1.:
=.77-52*
f t •.1
Ill. SIGNIFICANT SEGMENTS
CRANT VEAn•TO•DATC PLAN
M SICNIPICANT 12131 3/3 6 /JO g/JO SIGNIFICANT 1-7273F
SCCMCNTS r. r a SEGMENTS sea
0
W
Indicate other activities or :nuclei nrogrm11s on altoch-
monit. Dvn:04v their objectives and list milestones
toward their ocidevanwnt In a fluonihative or narrotivo
presentation. -
.• • , , .
AN
0130
a OMo Approval No. 44•R137s
A, GRANTEE'S NAME AND ADDRESS
U.6. DerARTMcnT or LAOOn
0. GRANT NUMBER
'
] .^
7 r.,
CmaloYment and Training Adminlelratlorl
21 24 2'
3 L
•
••
160 -8554
Harbor Playhouse
'BUDGET INFORMATION SUMMARY
C. TYPE OF PROGRAM
1801 N. Water
'OL:
TITLE VI PROJECT OPERATING PLAN
SUPPLEMENT
I. Number of Individuals Planned
To Ba Enrolled at 'E=d of Each
Month
III. Cumulative Projected
Expenditures by Month _
Oct : 77 9.
$ 5,000
ov.:77 9
10,000
Dec ; 77 9
15,000
Jan,. .78 9
203000
Feb. 78• 9
25,000
Mar. .78 9
30,000
Apr.-.78 9
35,000 `
May 78 9
40,000
Jun. 78 9 '
45,000
Jul: 78 9
50,000
Aug,-78 9
55,000
Sep t-78 0
$60,200
II. Previously Em to ed by Same Employer
-11-
PROJECT COMPONENT BUDGET
TITLE I / / TITLE II /fig( TITLE VI
N.'S**E OF CONT.Rl CTOR OR SUECR9Z:TEE:
Harbor Playhouse
FUNCTION OR ACTIVITY:
3 Public.Servlce Emplovment /Title VI Special Projects
AMOUNT
(1) ADMINISTRATIVE COST: $
(2) WAGES: 56,400
(3) '-TRAINING:
(4) FRINGE BENEFITS:
.
(5) ALLOWANCES:
(6) SERVICES:
i
-12-
3,800
TOTAL AMOUNT $60,200
BACK -UP SUPPORT BUDGETS
-
-W ADMINISTRATIVE COSTS N/A
a. STAFF COSTS:
b. FRINGE BENEFITS:
c. CONSUMABLE OFFICE SUPPLIES:
d. PROGRAM EVALUATION:
e. ACCOUNTING SYSTEM:
f. MANAGEMENT INFORMATION SYSTEM:
g. STATE MANPOWER SERVICES COUNCIL:
h. PRIME SPONSOR PLANNING COUNCIL:
i. TRAVEL:
J. RENT:
k. UTILITIES:.
1. CUSTODIAL SERVICES:
m. INDIRECT COSTS:
n.. STAFF TRAINING:
o. TECHNICAL ASSISTANCE:
p. EQUIPMENT•
q. MATERIAL:
r. CAPITAL IMPROVEMENTS:
s. PUBLICATIONS:
t. AUDIT SERVICES:
u. OTHER: (Specify)
v. OTHER: (Specify)
w. OTHER: (Specify)
x. OTHER: (Specify)
SUB -TOTAL
-13-
AMOUNT
N/A
-0-
BACK -UP SUPPORT BUDGET
(2) WAGES:
a. On- Job - Training:
b. Transitional Subsidized Employment:
A
c. Other:(Specify)
d. Other:(Specify)
(3) TRAINING: N/A
a. Salaries:
b.' Fringe Benefits:
c. Tuitions:
d. Entrance Fees:
e. Books:
f. Teacher's Aids:'
g. Other:(Specify)
h. Other:(Specify) .
-14-
AMOUNT
$56,400
Sub -Total
Sub -Total -0-
BACK -UP SUPPORT BUDGETS
Amount
(4) FRINGE BENEFITS:
a. Annual Leave:
b. Sick Leave:
c. Court Leave:
d. Military Leave:
e. FICA:
f. Life Insurance:
g. Health Insurance:
h. Unemployment Insurance:
i. Workmen's Compensation:
J. Retirement Benefits:
k. Other:(Specify)
1. Other:(Specify)
Sub -Total
V
(5) ALLOWANCES: N/A Sub -Total
-15-
500
$3,800
-0-
BACK -UP SUPPORT BUDGETS
(6) SERVICES TO CLIENTS: (N /A)
a. Child Care:
b. Health Care:
c. Medical Services:
d. 'Residential Support:
e. Assistance in Securing Bonds:
f. Family Planning:
g. Outreach:
h. Intake and Assessment:
i. Orientation:
J. Counceling:
k. Job Development:
-1. Job Placement:
m. Other:(Specify)
n. Other:(Specify)
o. Other:(Specify)
Sub -Total
Grand Total
-16-
AMOUNT
-0-
,-0-
$60,200
ASSUPLVCES P_v'D CERTIFICATIONS
A. General Assurances
•1. The applicant assures and certifies that:
a. It will comply with the requirements of the
Comprehensive Employment and Training Act (CETA) of 1973, as
.amended (P.L. 93 -203, 87 Stat. 839 and F.L. 93 --567, 88 Stat.
1845 and P.L. 94 -444, 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
-Federal Management Circulars (PLC) • 74 -4 and 74 -7', as those.
circulars relate to functions such as the utilization of
funds, the operations of` programs, and main
tenance of records; _
books,!.accounts, and other documents under the act_•
2 ` The' applicant further assures and. certifies that'If
the regulations promulgated pursuant to the Act are amended
or revised, it shall cpaply with .them
3. In.-addition to the requirements. of 1'aril Z above and
consistent with the regulations issues pursuant to the Act,.,•
the applicant makes the following fu~taer assurances and'
certifications:
a.• It possesses legal authority to apply fcr the
grant; that a resolution, motion, or Similar action has nt's:' "-
duly adopted or passes as -an official act of the applicaat's
governing body, authorizing the filing of the application,
• including all'understandings and assurances-contained therein,
and directing and authorizing the persoa identified as the _
official representative of the applicant to act in connection
with the application and to provide such additional information,
as may be required (sea'
102(a); ?OI(a }(9) and (10)).
b. It will comply with title vI'and "VIZ o£ the Civil Ric
Act of 1954, (P.L. 88-352j, and in accordance with title VT- rand 1i
of that Act no person in the United States shall art the .
grounds of race, color, sex, or national Origin, 'be excluded
from participation in, be denied the - benefits of, or be.other-
wise subjected to discrimination under any progra.n•or activity
for which the applicant received Federal financial assistance
and will immediately take any measures necessanr to effectuate
this agreement_ '
C. it W-* fly wish Tice VI 0: th° Ci =ri[ Rights � of 1964',
(42 20004) prahibitir`x1 ean2a3fr. —t discrimLnat" inn "ii (1) tis� prirarr '
r mdse of a gresct is to gtov414-e er-?]. (2) d.i.criiiLnary ec�iolrc:•�rt _ .
p--ac'-ices will result in ur-equal =e~tN*tt Of pl--scns wao are or s`=uld be
tenefitirg f=n the grant-aided activity... yL- L � t' TY -tTrte
d. No per-!= with r esm- mss i l i ties in he otPE` iGm of any Prcgzm--
�er the j.ct will ,discirsinaticn wits reset to aral participant or -
z-y z�lic,tioa for participation in such gro-, -_`gym because of rata, Cry,
Dolor, r=ational. origin, sex, age, tali i al afriliatioa or beliefs (section
703(l) and 712) .
• Yt will c=plY with h_ 2z�L _ "is of
.e2=t::ig Again==e 2rd p-.-1 -D-rc� —j t'r._ c I of the
_ -
Prrrt=iaiti Pc of 70.*.....--.. '
(Pi .I,. 91446) which for fair aryl a -i tabL° t --=t! ..nt of ors
displaced lace as a resiat. of Federal era Fe-e---mu -assisted. ems- _
f, It wi17, ly+witn time rc;� of t2•= Fat Pty vtl i3— t'
the palit scat activity of erplayres. _
g. It W311 ==I.y wits the
th3L m urn the" -
p aT,a'r -8 i_=,Iva Pulitic=ml aetivs trims (secti. 710 Vi=a 7d3(2))
it. It wi71 estabiicfe Fps to Frm%ihit e+ . _S ;�t*a,L151i3
'i tQ;r positi= for a r l�Se tilt is or gives the awe = � ^� of bed _
=tivat,l by a desire for Private gain far t-iarsalves or cthe_-rs, particularly
the witls v th--y b=mave f=—'Y, h i TTess, or other ties (sects 702 (z) )
i. It vrill give then Departs of To rn- ar3 the CEa
C- 2r. -22 tTotag3 any authorized n:rse&-ative thr access to aril the right to
e=mi--e all _ -- 's, bows,• pap--^-s, ar d.,ac --ts to tb-
713 (2)-)
j . Participants in the ,z,,-j, will mt be eTmloyed m tb-- mnstm�,.
cpsrdti=, or imi.ater_r= of- th t part of a,-iy facility which is used far - -_
reti.� ,.S' i•.,cf-., ct.,:x,n or vnrshin (lactic ,, 703 i3)) -
k. • pVrq r ate s uezxds for real-`a and safety is work and tra� .
motions wi71 be z ai r1ed (se.-{ -fin 703 (5) } .
I- -Gn xutians of erp1� . -xC or t=ai*c will be apvrcpriate ar-d
rez5a*= ole with regard tb3 the t-y, of voric. t-^. -° gec3z2.phi- re?'-O- ar4 the
:- r*r==+*-+a of the agolicant (sec-don 703 (4)) .
`p-1 zteci0 t o ra
cvsian of work.r•en`s mo vtt- -"ciPan ts
gial;c service z�+r - n~c
Y �s
L ar -the traix g, wor% ecperie-z, oT
Y-.er the - at the same level ar4 to the s; ----- extent 2s a- he-. Z-'[ PICYees
the f-�loyer -who are covare--' '-rl a St?te or i =ts¢y �.�r!c_n's �_a*LSatioz
Waite.; ar p: ovisin_t of wor'r..en's ccz, -. a ±Cn. i 'saran a or revue -al arA
=ate, insurarce far i*ijury cr d?se3se resUtirg frat the= pax- ici ration
terse iii " d»1s engaged in atry p *_ocr_1 ac`ivity under to Act, ] -e-.
on -ti `jet -traj -ri:: , FimLc sazn ice a ploys t•, class? c ast'
:u'+jI'g, =_a-v1.CS to s-`.�ct�zns, aA other ac�v�.tles, 4i e: Ott+=s
(,�`?r1y ergage3 are not caVz'"d )ry an appLcBbie �x�r' n's rynsat =oz .-
`*�` (sec. —tin >_s 703 (6) and 208(4)).
a. %+= progt`�,n will rot result in the dsplao -mm_ -= cf flayed.
yrL,�s or in ma= e.�ing c=t -racts fo=. se- Or resul - in t: - 5u]st ="� :
ir
icn of red -=I fu=LS for oLII-- fLmds in c= -�.i= with -mrk tj'.at WOuli
th -wrisa be perfarme3 (secHm 703 (7)) • -
o. .Mrainin� yr lT rat be for any o=- rations' -which reTmi=e less
%.r ttgo wag's of pre- eploytpnt training, ng, i*rine3iat= �2oyc��t
=_, Mies ar` avai iat,l ° in ti'=z c m._z o_ ^_ (secc cn 703 (E)) • E
P_ Training and related se -Vices W?22, tO e-2 avtm-- =aCt.C2b1e'
e C=s'3t'St Vita eUa*y 3Sd .VXdL Pi 'S fLL[aest czrzbiltties ana 3eaa to
mp�t __ 'n'ti-es•which will
=Cole ye-,mmaiz� r v- .
;ejjz - s;.ffi ' ert (sections 703 (9) z:3 105 (a) (6)) .
q_ Xrrsti�t`doaal s]d3•L traiszing an3 ---a. f Cn the jco she
_*z?y be for occxpa'-;r*- in.-unictl the or the zr :a SPO.sar ins
i- i-a, -,iron t - ---e is reasonable exmeatatinn for e7,glayt °nom (sea--on. 703 (10))
r_ C= ftm3s Wm' to em practicable, be used -to
-a !,- t} ?Tl Sttr n7 � , the le-m-0 of f3--ZS that yould oth=-^.rs Ire avai22ble -
tt_ i3Ia=d g and aadnitrati= of p_r�_ars tm�er the eligible **�Tr
i zit (section 703(11)).
S. It will st tom• ,it repar s as re =ui*-- by the seriet amy and
';=t24= =ec t
and pmv-idee acss to t -n as rL=cesszr_I for tte S�reta -'y' -s -
a i rmrrai+^e RTitZ h-
.^ecri.�+r to asstYe that funds are bet -*rs e-�- -, in a � -
Ose$ ark. provisions of the Pmt, iI f'1tr?�rYJ is raja', r non ^e of
assist the s_cretary in detert^ini_"-j the extmmt to u i.cs t "s progratt
meets
the spe�-i.a1 roods of disadvantaged, cbran cally un=talayzT, and %'a inccaa
CSC ^s =0r ttpani r ?�l g;tpjo3O, -rr-- cpcar mm* t=es (secti=s 703 (12) arri .312. CO) .
t_ the pragrun will:, to the tra um-t extent. feasible, ecnbnJ=te -
rjio participants
to th- -ptal delog ercy f ti
s
(sect-ion 703 (13))
-19-
u. "The'progran has adequate a
accounting controls, personnel standaz
dunes, availability of in-service trai
assistance programs, and other politic
to promote the effective use of funds
v_ The program makes appro
manpower needs of youth in the area
ninistrative and
s, evaluation proce-
ing and technical
as may be necessary
section 703(14))_
to provision for the
ved (section 703(15))_
w- individuals receiving traiaing-bn the job shall'..
be compensated by the emplover at such rates, including
periodic increases, as may be deemed reasonable under regu-•
lations prescribed by the Secretary, bAt in no event at a.
rafie 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 (a) (1) are those -
Pert a; rti_ng to the Commonwealth of Vuezlo - Rico, the Virgia
Islands, and-American Samoa, where wag s shall be consistent -:
with provisions of the Federal,'State, -or local law, otheztrise."
applicable- Wages paid to participants in the Trust Te == tort' ,
of the Pacific Islands shall be consis �� t with ,local law,
except. on Eniwetok Atoll and. Kwa-jjalein Atoll, where sec. 6(a)(Z).
is applicable; 2) the State or local m^ninum wage for the _-
most nearly comparable covered employment; -• 3) ''the prevailing .
rates of pay for persons employed in slilar occupations by
the same employer; 4) the miinimum entraact rate for the,
occupation among other establishments -i6 the community or
area or, any minimum rate required by an applicable collec-
tive bargaining agreement; 5) for par4cipants on Federally ;
funded or assisted construction projects, the preva3.lin9'
rate established by the Secretary, is a�cordaace with tile' - J
Davis -Bacon Act, as amended, when such rates are required
by the Federal statute under which the ass1stance.was provided_'
X. It will comply with the labor standards require -.
meats set out is section 706 of the Acts _
y.- Services and activities prodded wader this Act`
will be administered by or under the supervision of the
applicant (sections 105 (a) (1} (B) and 205(c)(1)).
z. No funds made available under the Act shall, be
Used.. for- lobbying activities: in violat1 i n , of 18. us C3 -1913
aa. if the applicant is finances: by letter of credit:
(1) Letter of credit cash era -.adowns will only be
initiated when actually needed for its ETA grant (s) disburse-
- ments;
-20-
(2) L -,•ely rero*_t ng of cash dis'..:.rsc�.errs and bzlarzzs will
be ride to the Brimloy:,.ent arsd Trai -.i P� -r+ ssz` ^n as reg<:ired:.
(3) It will :L-..=se tL%e s .,�-- stn2ards of EEMnt.
t7-- a-.v se nro—y recini�nts inc1L 'gig �`w ^ �is�' o£ rear`s of cast "
disursarzzts ar3 aces_
hb_ For grants, subgmnts, CO Itrac's, ar.`d su=*.itr c� in excess '
of $1C0,000, or -.&e--e the cones ac`,s; -g office ii=s de` a^;n that Orders
an i- eeEin;te quantity contract or subcontract in any year will esc—
$100,000, o= if a facility to be used has be =n th_.subiect of a c=,riction
th° C1P Ai. Act (42 U.S.C. •1857C -8 (C) (1) ) or the, Fe3�- a1 T:�tar Follu-
ticn Control Act (33 U.S.C. 1319 (C)) and is listed by the
Pxmt .-•t -;,,n .rend' (EM-A) or is not ot:I i se a ce*t, the gr2Yic2° assures
1) no --acili.ty to be 1,t;-; zed. in tF-- pe=- F" -r: =,, of :he P=I-c----a grant_
has been i i cted on the EFA List of Violat_4 r acili ties: 23 - iic wi1.1 codify
th_ � Pri= to a*iTLtLZ, OP i r.2 reMLL�D.'.t O. a= _ yam, tion �+Q:t th
OZ: -Lcm Or �'QG�^c�. 'Activities, U.S- EMI M '7."T� onta Prote dit A��cy,, in-=tics
that a facrl i.ty . to be utiil ed for tr2 gram is Under eans_cer•' ldan to be
lis---ed oa th_- EFA List of Violating Fact hies: era 3) it tri�3 index •
sus' -ti ally - this assurw-ca, it =l-di ,g t l tl i par- -; i.-� evzy non- z�ce�t
sL�.F� - Q- - sib=bt
B.
Addition Pssur- nc--s for �tle i P_* ocr�,s
In cz*Zy1r3 Out prtgi-ir-,s un3 --r Title I of t'•ie Pct, th. anpiic�*tt _ -
assures ar-v4 ca--d es that:
1_ tar_xv.� szrV=es, in= %s?3.*a3 job cLre3o;:w--nt, wiU be g'atri&Sd t_a •
most in need of then ieclua r.,ig low insane persons ar3 parsons of
h N i ted II Sligh- q- °r- g ability, and that t -a nod for coatirmed Dtm jizzg.
OZ nrcgr of dated etectivernss is considered. in servuq sucI'i
(sz=t iazi 105 (a) (1) CD)) -
2. Pmej== of institutional st111 tra;n;t j sh=i'► be ' '9mea fez
.at.o= in which snail st arL,-ges exist. (section. 105 (a) (n))
3. The plan m--ts an the raquixer.Sxsts of sectian 105(a) arA the 2PP"Cal*
Will C,*,l y with as gtcrrisions of the Art (sectl= 105 (b)) -
4. It will uwr-- such am -_nt_s as are prescri�3 by re=1 a UO to
assis the Secretary in M, ryimg out his res�nszJ' ilities ursier sec'�or� 105
an-' 103 o-- the Pct (section 105 (a) M).
5. Special mnsiderdtinn will be given to the needs of eligible disabled
wtecans, sp�ial Vete*Ls, zr+d Veterans %-ho served in the Ar,v� forces and
t receivzd other tnan a disrnro _able cLsc^ze onthin four ye afore
the date of their ap?Licatic -n- Each prirr,-- sponsor in se? ectirg par`ti.cipant;
-21-
for programs funded under title 1 of
consideration the extent that such vete
the area_ specific effort should be ml
priate full or part-time opportunities)
The prime sponsor should ut=lize the a�
and local veterans employment service s
lating its program objectives.
On a continuing and timely basis, info]
and trairjng opportunities funded undej
shall be provided to the State and loc:
service representative for the purpose
- mation to eligible veterans (sec'i.on. D
-and. unemployment Assistance zct .of• 197,
6. Appropriate arrangements will ]
maximum, feasible -use of apprenticeship
training opportunities .available under
title 38, United States Code.
C. Additional Assurances Relatinq to'
e gct,-. shall take "_o
rans are availabl A
de tb develop appro-
for such veterans.
sistance of the State
.-n - eser_tative in formu-
ati.oa on job vacancies
title 2 of the Act
L veterans emmployment
:)z alssemi.natir_g info-e-
4(b) of Emergency doss
e made- to ` promote
and other- on -the -job
section. 1787 a'
'-,For public 'service emol oym°_nt' activi
further assures and certifies that=
1. Special. consideration will be' g
of jobs•whi.ch provide sufficient prospec
or suitable coti -hued eeplo_vment by prob
training and manpower services designees
advancement of participants to e- -IOY=e
tuniti.es suitable to the individuals inn
the public or private sector of the ecc�
participants with skills for whits. them
.high demand, or (3) provide participant
meet skills; except where exempt under I
section 604 of the Act,-provlded, howevg
contained in this paragraph shall be cot
persons or programs for whom the forego]
feasible or appropriate (sections 203(c,
2. To the extent feasible, publ-i-c
provided in occupational fields which a
expand within the public or private sec -
rate recedes except where exeent 'under ;
Act (sections 205 (c) (6) and 604) . '
3. Special consideration in fillin
service jobs will be given to unemploye
-most severely disadvantaged in terms of
they have been unemployed without assi.s
special consideration shall not author!
person when -any other person is on lay -
any substantially equivalent job (secti.
-22-
ti', the applicant
ven.- to the fi11i Ag •
is =or advarcement - .
]ding. ccmpl..r- .ataxy
to - (I-) "promote the
.t or wining oppor-
olved, v7hether in. _
• (2) provide
is an anticipated
with sell- develop -•' ~ =-
he provisions of
:r, that no .hi-tg
istaued to preclude
:ng goals are not
(4) and 604) .
servyce jobs .shall be
_e most likely to
Itor as the unemployment
I 604 of the
3 transitional public ' -
1. persons who are the
[the length of time
ante, but such*
le the hiring Of any
off from the same or
on 205(c)(7)).
4. No funds � ?ill be used to hire any person to fill a job
lenir_g created by the action of an er"ployer in laying off or
armiriating. the employment of any other regular enployQ_ not
supported under the Act in anticipation o= filling the vacan,
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 manpower training programs for whorl employ-
ment opportunities would not otherwise be- vztedi ately
available (section 205(c) (9)) -
6- Periodic review procedures established pursuant to
section 207 (a) of the. Act will be complied with (section - -
205 -(c) (17)) _
7. Agencies and institutions to whoa fina.*ncial a"istaace
is made available under this -title have undertaken -or will
undertake, analyses of job descriptions and reevaluati.on5
and, where shown necessary, revisions of aualification
reg ,; rements at all levels , of employment, :Lncludiag civil
service requirements and practices- relating thereto, is
accordance with regulations prescribed by the Secretary, _'•_ ::.i :`_
with a view toward removing• artificial barriers to public :•;-
elaployaest of those whoa it is the purpose of the Act to .
assist (section 205(c)(18) }.
S. Mere appropriate, it will- maixntain or- provide -
linkages with upgrading and other manpower programs for the
purpose of (1) providing 'chose persons employed in public
service jobs• who want to pursue work. with tine e•aployerI in
the same or similar work, with opportu- *eit?as to do so and
to find permanent, upwardly mobile careers in What field, and .
(3) providing
persons so employed who do not wish to
pursue permanent careers in such field, 'With opportunities to_.
seek, prepare for, • and obtain work in other fields .(sections -
2o5(c) (19) and 604} -
9- The program will, -to the maxima extent feasible;
contribute to the elimination of artificial barriers to
e$p].oymeat and ocCLtpatianal advancement, including oppor -- '
tunnies son the disadvantaged (section 205 (c) (21)) _.
l0: Tor more than one -third of the participants in the
program will be employed in a bona fide professional capacity
(as such term is used in section 13(a)(1) of the Fair Labor
Standards Act of 1938), except that this parag_
be applicable in the case of participants employed as class-
. -roors teachers, and the Secretary may -waive this lirai_tation
in exceptional circumstances (section 205(c)(22)).
-23- . . -
and agencies takir_g into acccunt the 4u ber of unempzoyea
• • •persons within •thei r jurist- ctions amend the Heads o= the
agenci.ds (section .205(c) (23)) .
12. The jobs in each promotional �iye In no way infringe
upon the promotional pport:unities wh lch would other-aise be-
available to persons currently employed in public service
jobs not subsidized under the act, and assure that no job
will be filled in other than an entry Level position in each
job category until apnlicaole perso na 'I procedures and
collective bargaining agree_:ents have b. conpli°d with
(section 205(c)(24)).
13. Jobs are in addition to those that would be funded by
the spoasbt.in the absence of assistance under the Act
section 205•(c)•(24)) . :_
14. persons eaanloyed in public sent rice 30 b s- under this
Act shall. be paid wages wi+s.ch shall• n t-bs -lower than. _
whichever is the highest or.
(a) The- minimum, hourly wage set: out. 3.n: section 6.(a), (1)'
of the Fair Labor stzindards Act, of 193'8, • -as amended_ The
only exceptions to seetioa-- 6(a).(1) are, where. a pa.- -ticinaat
is to exempt under section 13, or those per', a;ning to the ,
comsonwealth of Puerto Rico, the Virgi6' Islands, -and American
Samoa where wages shall be consistent kvith -the 'redera?, State :.
or local law other-wise annlicable. Wages paid' to par:"Ici.pans
io the Truss Territories of the PacitiG Islands shall be
consistent with local law, except on Eniiretok Atoll a-
Kwajalein Atoll, where section 6 (a) (1) is .appli.caole..
The State or local minims .rage .f
or the most
nearly comparable covered e.-aployment;
(c) The prevailing rate of 'Par for persons employed...
in similar public occupations by the sfame employer.. (section
208(a)); -.
(d) the m ni=um. entrance -ra for .inexperienced ;
workers in the same occupation in the StzbJ -i spent, or, :if. ,
the occupation is new Co the establishment, the prevailing
entrants rate for the occupation amangi other establishments•
in the community or area, or any mi_*n»u rate required by
an applicable collective bargaining ag eanen-t; . or _
(e) the prevailing rate estabI(shed by the Secretary,"
in accordance with the Davis -Bacon ACL�, as amended, for
Davis-
participants involved in employment co�rered by the Davis -
Bacon Act-
-24- : '
15. Special consideration shall be given to eligible disabled
veterans, special veterans, and veterans who served in the'
Armed Forces and who received other. than a dishonorable dis-
charge within four years before the date of their application -.
Each eligible applicant selecting participants for programs
funded under title VI of the Act, shall take into consid- .
eration 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 employnes!t vacancies under tltle VI, e_Xcept those to -
which former employees are being recalled, must..be listed :
with the State eg•nployment service- at least 48 hours (excluding
nd holidays) beforz such vacancies are
Saturdays, Sundays, ? .'
filled. During this period, the eaploent service may refer - -
those 'veterans specified above. If sufficient numbers of _
veterans are not available, the emploYmeat service, upon. --
request, may also refer members of other significant segments..
All other applicants are to be referred after-the 43-hous
period (section 205 (c) (5)) _ The eligible applicant should ="
utilize the assistance of state and local veterans employment ,
representatives in armulati-ng its procram objectives. _
Each eligible applicant shall, on . a continuing band timely =;
basis, provide information on job vacancies and training
opportunities funded under title ' VI of the Act to State.'and
local veterans employment representatives and to 0-the= -
veterans organizations for the purpose of dissemi*iating.-
infonhation to eligible veterans (section 104- (b) of the
zmergency Jobs and Unemployment Assistance Act of 1974).
D.v Additional As for Title ii Proarams
All assurances in C move apply
'to activities funded under ?
Title II. In addition, the applicant will assure that:
I _ Only persons residing within to 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 ex }ent feasible, be
designed to benefit the residents of such areas (section 205
(c) (3)) -
Z.. To the extent possible, administrative staff shall be -
drawn from unemployed and underemployed persons (section 205
(c)(20)). :
. -25-
y All+assurances in C_ above apply t activities funde° .
under title•VI.• In addition, the appl cation will assu-,
that:
1.' only persons residing in the area served by the
eligible applicant under title VI of the Act will be hired
to fill jobs created under the Act and that the public
services provided by such jobs shall, -o the extent feasible,
be designed to benefit the residents OZ such areas except
that funds allocated under title VI ofIthe Act (section 603
(a) (2) (B)),- to an area eligible for assistance under title 22
of the Act shall only be -used to provide project and program
opportunities to persons residing in t'+hose areas of sub-
stantial unemployment as defined in section 20 4(c)_
(section 603 (a) (2))
2_ To they extent possible, administrative staff shall_
be drawn frata unemployed and underemployed persons_
(Section 205(c) (20)) -
F. S-
pedal Ce -t-'L cation for State Grantees
A State gzantee further assures anC.:certifies that itYwill
comply with the requirements and �Prova.sians of secct:.on .105 `.
and section 107 of the Act._ _ _
SPECIAL CLAUSES
I. MYCITGES -
a. The Prime Sponsor's.Contrecting Officer may, at any tine,
without notice to the sureties, by written order designated. or indicated -
to be a change order, make changes in the work within the general scope
of this contract, in any one or 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 6which terms as used
in this paragraph (b) shall include direction, instruction, interpretation,
or determination) from the Prime S ponsor.'s Contracting Officer, siaich causes
any such changes as enumerated in (a) above,'shall be treated as a change
order under this clause: Provided, That the Contractor /Subgraatee gives .•
'the Prime Sponsor's Contracting Officer written notice stating the date,
circumstances, and the source of the order and that the Contractor /5ubgraatee
regards the order as a change order.
c. Except as herein provided, no order, statement, or conduct of the
Pri,�e Sponsor's Contracting Officer shall be treated as a change'under this
clause or entitle the Contractor /Subgrantee•to an equitable adjustment
hereunder.
d.' If any 'change under-this clause causes an increase or decrease in
the Con tractor's/Subgrantee Is cost of, or the time required for, the.per- '
forrance of-any part of the work under this contract, whether-or riot changed
by any such order,. an equitable adjustment shall be made and the'cortract
modified in writing accordingly: Provided, however' That no claim for any
change under (b) shove 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 irhich the Prime Sponsor is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor /Subgrantee.
in- attempting to comply with such defective specifications'..
e. If the Contractor /Subgrantee intends to assert a claim for an equitable
adjustment under this clause,. he must; within 30 days after receipt of a w.-it-,ea
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 state, =r_t
setting forth the general nature and monetary extent of such claim, unless
this period is extended by the Prime Sponsor. The statement of claim hereunder
may be included in the notice under (b) above.. S:.There the cost of prope -_—
made obsolete or excess as the result of a change is in'
ncluded in the
Contractor's /Subgrantee's clsi.m for adjustment, the_Prime Sponsor's Contracting
Officer shall have the right to prescribe the manner of disposition of succe
property.
-27-
f. No claim by the Contractor /Subgrantee four an equitable adjustment
hereunder shall be allowed if asserted after firg1 payment under this
contract /subgrant.
Failure to
g. agree on the terms of any equitable adjustment shall b'e
a dispute concerning a question of fact within tie 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 ch2ngec5 by the Prine
Sponsor's Contracting Officer in writing, either by (i) issuance of a
written change order as described in (a) above, or (ii) issuance of -a
written confirmation by the Prime Sponsor's Contacting Officer of 'the .
written notice required of the Contractor /Subgraatee in (b). above, re= .
sulting from an oral .order by the Prime Sponsor' Contracting Officer..
2. NONDISCEEMINATIOii
It is the policy of the Executive Branch of the Government that (a)
contractors and subcontractors engaged in the pe4formance of Federal
contracts shall not, in connection with the employment, advancement, or..
discharge of employees, or in connection Frith thJ terms, conditions, or,..
privileges of their employment, discriminate aga +st persons because of
their age except upon the -basis of a bona fide bccupational quaU:Vication,
retirement plan, or statutory requirement, and (b) that contractors and
subcontractors, or persons acting on their behalf shall not specify,-in
solicitations or aavertisements -for einployees to rork on Government con-
tracts, a maximum* age limit for such employment unless the specified maxi-
MUM age limit is based upon a bona fide occupatio ial qualification, ,
retirement plan, or statutory requirement.
3. CHILD TABOP.
Vo trainee or enrollee under 18 years of age )rill be employed in any
-occupation which the Secretazy has.found to be particularly hazardous
for persons•betveen 16 and 1.8 years of age (a lisp of such occupations
is published at 29 CFR Part 1500, Subpart E). An., eligible trainees
and enrollees under 17 years of age will be ermla ed only in accordance
with -the limitations imposed by 29 CFR Part 1500, Subpart C.
-28- 1
EQUAL OPPORTUNITr CLAUSE
During the performance of -this contract, the contractor agrees as fol'_a::s:
(1) The contract -•' :ill not discriminate against czy emnl67ce or appli-
cant for employment because of race, color, reliSicn, her_, or
national origin. The contractor will take af:i ^ative actica to
ensure that applicaants are employed, and that employees are treat
during employment, Without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be
limited to the following: Eroloyment, uP3raUng, demotion, or
transfer, recruitment or recruitment aaverti. sing; lqyoff or termina-
tion; rates of pay.or- other-forms of com ensation; and selectio .fcr
training, including aprrenticeshin. The contractor agrees to post
conspicuous places,- available to employees and applicants for e^alor-
ment, notices to be provided by the contracting officer setting fo=z:
the provisions of -this nondiscrimination. clause-
(2) rye cantrzcper will i,.aL solicitations or advertisements for
employees placed by or on behalf of the contractor, -sta.:e that all-
qualified
applicants will receive consideratica for e--ployMent
without regard. to race, color, religion, sex, or national origia_
(3) The contractor will send to each labor union or rinresestetire 61 "
workers with which 'he has .a. collective bargazx ng agreement or other
tort' ;act or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or t;orkersT rep_eseata - -_.
tive of the contractor's coT-- itments under,sectior 262.of Executive
Order 4246
of Se�t�mb ?r; 21;; 1965, �d shall Yost copies. of .the
notice *in corspicnaus places available to-erigployees aid- applicakts
for employment.
(?;) The contractor --iii .comply's:ith all provisions of Executive Order 1126 -
of September 220, 19'65, and of the rules,'regulations, and releriut -
orders of the Secretary of Labor. - w
(5) 4.
The contractor -11.1 Irish all a=d r t
epors required ' -
Executive Oraer 11216 of September 24, 19651 =_d by the rules, _s
ticns, an3 orders of the -_cretar,{ of Labor, _ M_ rsUant thereto,
will re?=it access to his books, reCor3s,.ana accounts b;/.the
agency 'arm -eCretarj.J ^".'fOT p��pcs_s o° i vesti3atier.:r,
ascertain'corgiiance'vith sitcp rules., rz,-u_at :ohs, and orders. '
(�) . Ir, the event..^.f the contr actor's non_o* npl_a'_c2 :.-ith.the -nondiscri=ina--
tion c2.auses c. f t.i i s' contr0.c`. ar -TA i:It •aril C s-ach rules, _eouLtic rs,
or order-. , #his con tract r2,r be c1.:}celed, ten-.: nate? or suspended in
whole or in _oart =rd the contractor may be cecIc -red ineligible for
further Government contrscts in a= cordance 4:ith vrocedures aut;_ari =ed
-29-
in Mxecutive Order 112h6 of Septeeper 24 lc.
sanctions may be r } > �Sj> n3 such e=
Y i posed. �.t$ recred es invoked as Provided is
Oreordereof the Secretaf Septeaberl21c, 1905, or by rule, .eb �a`ion,
y of abor, or as other -ise pror.'.ded by. =ate.
(7) The contractor will include the p I -
(7) in eve +_ T0''• -eons o° p.:- r�raghs i
every subcontract or purchas� �
order unless eceazted by zulea,
regulations, or orders of the Se cre a-7r of _Tabor, issued DUrsuent to
saction 204 of Executive Order 1124; of Serite =her 24, ?96j so -*
such provisions will be binding upon each sub:*e >
The contractor wit take Tacto- or �;er;�Ior.
such zctioi vi�h respect to yZy subca: tract
or purchase order as the contracting
enforcing such pro ri.sion-s includir_- a�angl may- r nqn direct. as a Me--as c °f
s.cticns for noncc„alience:
Provided,'ic »ever, That is the event the contractor becoes +nvol,,,`d
in;. or, is threatened .rith liti _
> gaticn'with a subcontractor or ;erd o:
as a result of -such direction, b'• thel
tractor nay request ti1e r ' co tract;ng agereT> the cen—
Y Lnited States to enter ito such 'litigating
to protect the interests of the L'-nited States_
5 - TRAiME OR EMLLE1; WAGES
i' The hour'• va es -
�,! E paid to enrollees or trainees shall not he Less than the
folla!ring, 'whichever is higher:
1. The minimum rate required under the Fair Labor Standards Act including
any special rate provided-by specification under Section 14 of'the Act, as
amended in 1974, or that is applicable to
enrollees or trainees,:- oz-
2. :Any minimum rate applicable to the ettr011ee or trainee as required
Number Federal, State, or local lags if it is hig er than that stated in Item
Ia'umber 1 above. - , -
6.
TERMI IrATION Or TRAIATaES. OR MMLLE'ES
Trainees or enrollees gill not be tersi.nated
tr ;nee or enrollee and reasonable opportunity fox
Of perforrance and consultation with the•Contracti
facility for substandard or unsatisfactory proores
oY trainees or enrollees Will be governed by disci
cedures approved by the Contracting Officer or his
t?1e: Provided, That in training facilities opera
bargaining agreement,- disciplinary -and grievance p:
an agreement acrd applicable to trainees or enrolle
ah--11 govern.
-30-
.thout prior notice-to-'the
corrections or improvement
g Officer by the training
or conduct. - Terrdnation
linary and grievance pro - "
duly authorized representa_
ing under a collective
xedures provided in such
I covered by this contract,
7. TERAIDTATION
a. The perform -ance of work under the contract /subgrant may be
terrinated by the Prue Sponsor -in accordance with this clause in
whole, or from time to t:me i, pert;
(1) khenever the Contractor /Subgrantee shall default in -per-
foraance of this contract /subgrant in accordance with its teams (including
ih the term defa•.il.t ' any such failure by the Contractor /Subgrantee to
progress in the prosecution of the - „ork hereunder as, endangers such :e rfon
ance), and shall fail to cure such default within a period of ten days (or
such longer period as the Prime Sponsor's Contracting Officer may 41lov);
-after receipt from the ;Pr'i:e Sponsor's Contracting Officer-of a notice
specif dng the default;. or
(2) Whenever for any reason the Prime Sponsor's Contracting
Officer shall detexsene that such termination is in the best interdst of
the Prime Sponsor.
Any such termination shall be effected by delivery to the - Contractor /
Subgraatee of a Notice of Termination specifying vhether-termination is_._
for the default of the Contractor /Subarantee or for the convenience of -
the Prime Sponsor, the extent to which performance of work under the contra
subgrant is terminated, and the date upon vhi.ch such termination becomes
effective: If, after notice of termination of this contract /subgrant for
default, under (1) above, it is determined for any reason-that the -
Contractor /Subgrantee vas not in default pursuant to (l), or that the
Contractor's /Subgrantee's failure to perform or to make progress in per-..;.-'
formance is due to causes beyond the control and without the fault or _
negligence of the Contractor /Subgrantee pursuant to the provisions of
the clause of this contract /subgrant relating to *excusaLZe delays, the
Notice "of Termination shall be teemed to have been issued under (2) abare,=
and the rights and obligation§ of the parties hereto shall in such event
be governed accordingly.
b. After receipt of a notice of Termination and except as otherwise
directed by the Prime Sponsor's Contracting Officer, the- Contractor /Sub-
grantee shall:
(1) Stop work under the contract /subgrant on the -date and to the
extent specified in the Notice of Termination;
(2) Place no further orders or subcontracts for materials,*
services, or facilities, except as may be necessary for•completion of such
portion of the work under the contract /subgrant as is not terminated;
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0) Terminate all orders and subcontracts to the extent t3
they relate to the p=rforzarce of Wort, terminated b the I:exten of 4
tion; y
. Termina-
(4) Assign to the Prime Sponsor in the manner and to the extent
directed es the Prir•.e Sponsor's Contracting Officer, all of the right, title
and interest of the Contractor /Suborantee
so terminated in Which Under the orders or subcontracts
discretion, to settle or case Prime Sponsor shall have the right, in its
tion of such orders and t or all claims arising out of the tereina.-
a subcontracts; -
(5) FFith the approval p oval en ratification or the Prime•Sponsor's
Contracting Officer, to the extent he may req 2e� Which approval r'
ratification shall be final 'mad' conclusive for all purposes of this clause,'
settle,all outstanding liabilities and all c3aims arising out of such
termination of orders and subcontracts, thee
he cost of xhich would be reim_:
bursable in whole or in part, in accordance lOst the
contract /subgrant.- provisions of this
(6) Transfer title to the Prime Sponsor -
title has not already been transferred) and deli r in thexmanner�' the"
times, and to the extent directed by' the Prim Sponsor *s Contracting
OfiieeP, (i) the fabricated or unfabricated p6ts, uorlc in process,
completed Work, supplies, artd other material produced as a part' oor
acquired in respect ormance of, the work. terminated b
pect of the e_p
Notice of Termination; (ii) the completed or anti Y the '
dra*ringz, information, and other property whi h ally c °�Ple�ed plans,
had been completed w p ,cif the contract /subo ant
and (iii) the jigs o'il'd be required to be furnished to the Prime Sponsor, _
acquired, or manufactured for theta and oter- special tools and tooling
the, cost of which the Contractor /Sub— nteechas been or ntract /subgrant fo:.
under this contract /subgrant. N17_t be reimbursed .
(7) Use his best efforts to sell, in I he 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 he types referred to in
(6) above: Provided, h —ever, That the Contra or/Subo atttee (i)'ShaLt not
be required to extend credit to any
purchaser,
such property under the conditions �nd �a-l) may acquire any
approved b the prescribed b�/ and at a price or prices
Y Prime Sponsor's Contracting Officer: -And provided further,
That the proceeds of any such transferor disposition shall be applied in
reduction of any payments to be made by the Prime S nsor to the
tractor /Subgrantee under this contract /subgrantAor shall otherte C be
credited to the price or cost of the work cover d b t
or paid ir. such other mz -,rer as 3r his con�ract /suogrant
direct; the Prime Sponso�'s Contracting Officer may.
-32-
4
(8) Complete perfor -nce 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 necessa --y, or as the Prime
S }onsor's Contra cting 0 -fiber ma3 direct, for the protection and preserva-
tion•of tie proberty related to this contract /suborant which is in 'the
possession of the COntractor /Subgrantee and in '.-Lich the Prime Sponsor has
or may =4uirz an interest.
The Contractor /Subo aatee shill proceed immediately frith the perforet3nce '
of the above obligations notwithstanding any delay in determining or adjusting
the amount- of the fes, or any item of reimbursable cost, under this clause_'..*
At my time a fter 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 fro -a tine to time, the C_ontrac'tor /Subgrantee
a;/ _
m 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 x_hich has
been directed or authorized by the Prime Sponsor's Contracting Officer, end
nay request the Prime Sponsor-t6 remove such items or enter into a storage
agreement covering.then. Not later than-fifteen (15) days thereafter, the
Prime Sponsor will accept such items and remove them or enter into a storag
agreement covering the sane: Provided, That the'lzst 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 (11.$)
'days from the date of sub- ;ssion 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 3ictice of Termination, -Lie Contractor/Sub
graitee shall submit to the Prime Sponsor's Contracting Officer his termina-
tion claim in the form and with the certification prescribed by the Prime
Sponsor's Contracting Officer. Such claim shall be submitted promptly but'
in no event later than one year from the effective date of termination,
unless one or more extensions in writing are granted by the Prime Sponsor's
Contracting Officer upon request of the Contractor /Subgrantee made in
writing within such one-year period or authorized extension thereof. .
However; if the Prime•Sponsor's Contracting Officer determines that the
'facts justify such action, he. may receive and act upon any such tear? nation
claim at any time after such one -year pEiriod of any extension thereof. -
Upon failure of the Contractor / Subgrzntee to submit his termination clain -
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 t,
date of execution of this contract /subs ant, determine, on the basis of
information available to him, the amount, if any, due to'the Contractor/
Subgrantee by reason for the termination and shall thereupon pay to the
Contractor /Subgrantee the amount so determined-
-33-
e
d. Subject to the provisions of paragr1 h (c), and subject to any
review required b the contracting g y'
1 Y a enc s rocedures i.n effect as of the .
date of execution of this contract /subgrant the Contractor /Su3grantee and
the Prime Sponsor's Contracting Officer may agree upon the whole or any
part of the amoiwt or a.aounts to be paid (including an allovance for the
fee) to the Contractor /Subgrantee by reason of the total or partial term!-
na-tion of work pursuant to this clause. _ The Econtract / subgrant shall be
amended accordingly, and the Contractor /Subgrantee shall be paid the agreed.
amount. ' ' . j -
e. In the event of the failure of the Cl:!tractor /Subgrantee and the
Prime Sponsor's Contracting Officer to agre in whole or in-part, as
vided in paragraph (d), as to the amounts ui h respect to costs 2nd fee,,
or as to the amount of the fee, to'be paid t the Contractor /Subgrantee in connection with the termination of work p6s
want to this clause, the
Prime Sponsor's Contracting Officer shall, sub' ject to any revev re uired
•by the contracting agency's procedures in ef�ect as of the date--of a eau- '.
tion of this contract /subgrant, determine, o the basis of information'
available to him, the amount, if any; due to the Contractor /Subgrantee
by reason of the termination and shall pay t the Contractor /Subsrantee '
the amount determined as follows- '
(1)
-If the ) includss cost and fee —_
(i) 'There shall be included t!rein all costs and' expenses
reimbursable in accordance with this contras /subgrant not Previous2y paid
,.to the Contractor /Subgrantee for the perfo ce of this contract /sub�,rant'
prior to the effective date of the Notice of Termination, and such of. these
costs as may continue for a reasonable time hereafter with the approval of -
or as, directed by the Prime Sponsor!s Contracting Of
ficer:• Provided,•
however, That.the Contractor /Subgrantee shad proceed as rapidly as.practi-
cable to discontinue such costs;
(ii)' There shall be included therein so far as not included
under (i) above; the cost of settling and paying claims arising out of the
.termination of cork under subcontracts or orders, as provided: In paragraph
(b)(5) above, which are properly chargeable to the terminated
.the contract /subgrant; Portion. of
(iii)" There shall be included In the reasonable cos
settlement, including accounting, legal, clerical, and other expensesf
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 subcontractis thereunder, together with
reasonable storage, 'trarsport ation, and other costs incurred in connection
with the protection or disposition of termination inventory: Provided,
however, That if the terxination is'for de of the Contractor /Subgrantee
there shall not be included any amounts for I she preparation of the Contractor'sj
Subgrantee's settlement proposal; and
(iv) There shall- be included therein a portion of the fee
Payable under the contract / suogrant determined as follows=
-34i
(A) In the event of the terminatio, o£ this contract/
u grant for the convenience of the Prime Sponsor and not for the default
of the Contractor /Subgrantee, there shall be paid a percentage of the f__
eouivalent to the percentage of the completion of work contemplated by the
con tract /subgrant, less-fee pa3ments previously made - hereunder; or
(B) In the event of the termination of this contract/ -
subgrant for the default of the Contractor /Subgrantee, the total fee payable
shall, be such proportionate past of the fee (or, if this contract / subgrant
calls for articles•of different types, of such part of the fee as is
reasonably allocable to the type of article under consideration) as.th�
total'number, of articles delivered to and accepted: by the Prime Sponsor
bears to the total nimber of articles of a like kind called. for by this '
contract / subgrant.
°If the amount'deternined ur_der*this'subparagraph (1) is' than the.toial
peymient, theretofore 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 "
,hill be determined in accardanca with subparagraph'(1)(iv), above. -
(f) The Contractor /Subgrantee shall have the'right of appeal, under
the clause of this contract / subgrant entitled "Disputes," from any deter- '
mination made by the Prime Sponsor's Contracting officer under'paraoraph (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'•f ailed to
sequest.extension of such time, he shall have nb such right. of appeal. In "
any case where the Prime Sponsor's Contracting Officer has made a deter -
nination of the mount due under paragraph (e) or (e) above, the Prime
Sponsor shall pay: to the Contractor /Subgrantee the followingr'.
(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*uader this•
clause there shall be deducted (1) all uuliquidated advance or other payments
theretofore made to the Contractor /Sub�rantee, applicable'to the terminated
portion of this contract /subgrar.,., ;2)_any claim which the Prim= Sponsor ma -"
have against the Contractor /Subgrentee in connection orith this contract/sub-
grant, and (3) the agreed price for, or the proceeds of. sale of, any materi,_As,
sapplies, or other things acquired by the Contractor /Subgrantee or sold pur-
suant to the provisions of this clause and -not otherwise recivered by or
credited to the Prime Sponsor_.
(h) In the event of a partial termination, the portion of the f .r3ic,-
is payable with respect to the work under the continued portion of the
-35-
contract /subgrant shall be equitably adjusted
Contractor /Subgrantee and the Prime Sponsor's
such adjustment shall be evidenced by an amend
grant.
(i) The Prime Sponsor may from time to ti
conditions as it may prescribe, mare partial I
account against posts incurred by the Contract
with the terminated portion of the contract /sc
opinion of the Prime Sponsor's Contracting Off
payments shall be vithin.the amount to which t
be entitled hereunder. If.the total of such I
amount finally determined to be due under this
be payable by the Contractor /Subgrantee to the
together with interest computed at the rate of
period from the date such excess payment is re
grantee-:to the date on which such excess is re
Provided, however, That.no interest shall be c
excess payment attributable to a reduction in
claim by reason: of retention or other disposit
until ten days after the date of such retentic
later date as determined by the Prime Sponsor'
reason of the circumstances.
(�) The provisions of this clause relatin
applicable if. this contract /subgrant does not'
8.: - TErNINATIOPT FOR COITMIEUCE
The provisions.set forth in this clause 9b'she
clause 9a should this contract /subgrant be fox
or research work and the Contractor /Subgrantee
or other nonprofit institution on a no -fee or
(a) The performance of work under this co
terminated, in whole or from time to time. in pi
whenever for any reason the Prime Sponsor's.Cc
mine that such termination is in the best inte
Termination of work hereunder shall be effecte
Subgrantee of a Notice of Termination specifyi
formance of work under the contract / subgrant x
upon which such termination becomes effective:
. (b) After receipt of the Yotice -of'
shall cancel his outstanding comai.tinents
materials, supplies, equipnent, and misc
Contractor /Subgrantee shall exercise all
-36-
agreertent• b'etueen th_
tract-in.- Officer, and
t to this contract /sub-
_e, under such terns and
iyments ani payments on
)r /Subgrantee in connection
)grant whenever. in the
.cer the aggregate of such
ie Contractor /Subgzantee vill
Lyments is in excess oZ the
clause, such excess shall
Prime 'Saonsor upon demand, :
6 percent per annu4,, for the
:eived by the Contractor /Sub =
paid to the Prime Sponsor:
urged with respect to any such.. '
:he Contractor 's /SubgraateeIs
.on of termination inventory -
t or disposition, or such
Contracting Officer by
to the fee shall be•in•-
xovide -for payment of a. fee -•
.1 govern in lieu of
experimental developmental
is an educational institution
to- profit basis.:,
itract /subgrant may be
art by the Prime Sponsor,
itracting Officer shall deter -,.:
•est of the Prime Sponsor.
Lby delivery to the Contractor/
ig the extent.to which per -
: terminated hnd the date
n the Contractor /Subgrantee
: covering the procurement of
Items. In addition, the
.e diiigerce to accomplish
the cancellation or diversion of his outstanding co=-Atrents covering __rson
services and extending beyond the date of such termination to the extent tha
they relate to the performance of any wort; tei7anated by the notice. With
respect to such canceled co=.itments the Contractor /Subgrartee agrees to
(1) settle all outstanding liabilities and all claims arising out of such
cancellation of coaaitments, with the approval or ratification of the Prise
Sponsor's Contracting Officer, to the extent he may require, which approval
or ratification shall be final for all purposes of this clause, and (2)
assign to the Prime Sponsor, in the manner at the time, •end to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title
and interest of.the Coatractor /Subgrantee under the orders and subcontracts
so terminated, in -which case the Prime Sponsor shall have the right, in its
discretion, to'settle or pay any or all claims arising out of the termi.natio
of such orders and subcontracts.
(c) The Coatractor /Subzrantee shall submit his termination claim to the
Prime Sponsor's Contracting Officer promptly after receipt Cf a notice of
Termination, but'in no event later than one year from the effective date'
thereof, unless one '.Or more extensions in writing are granted by the Prime'
Sponsor's Contracting Officer upon written request of the Contractor/Sub-
grantee within'such one-year period or authorized extension thereof. ••Upon
failure of the Contractor /Subgrantee to submit his termination claim within
the time allowed, the Prime Sponsor's Contracting Officer ma4Y2 subject to
any review required by the contracting agency's procedures in effect as of
the date of execution of this contract /subgrant,'deterrine, on the basis
of information available to him, the amount, if any, due to the Contractor/
Sub�3rantee by reason of the termination and shall thereupon pay-£o 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 ALI WABLE COST, FIXED FEE, AITD PAX_,
BENT Clause of this contract /subgrant:
(e) Subject to the provisions of paragraph (c) above, and subject to
any review required by the Prime Sponsor's contracting agency's procedures
in effect as of the date of execution of this contract /subgrant the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may-agree
upon the whole or any part of the 'amount of amounts to be -paid to the
Contractor /Subgrantee by reason of the texziination under this clause, xhich
amount or amounts may include any reasonable cancellation charges thereby
incurred by the Contractor /Subgrantee and any reasonable loss upon out- _
standing commitmegts 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 Con -
tractor /Subgrantee shall be paid the agreed maount.
-37-
(f) The Prime Sponsor may from time to timl, under such terms and
con3itions as it may prescribe, make partial paZinents against costs incurred
by the Contractor /Subgrantee in connection with the terminated portion of
this contract /suborant whenever, in the opinion of the Prime Sponsor's
Contracting Officer, the aggregate of such payments is within the ar -ount to
which the Contractor /Subgrsntee will be entitled hereunder. If the total
of such payments is in excess of the a.ount finally agreed or determine) to
n
be due under this clause, such excess shall be Vayable by the Contractor/
Subgrartee to the Prime Sponsor upon demand: Provided, That if'suoh 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 _er
annum, beginning 30 days from the date of such iemand.
(g) The Contractor /Subgrantee agrees to transfer title to the Prime
Sponsor dnd 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 'nave -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 orlacqui=ed in
connection with the performance of,the work terminated by the notice- _.Other--
than the above, any termination inventory resulting from the termination of
the contract /subgrant may, with the written apprI,oval 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 anyy'such disposition shall
be applied in reduction of any payments to be made by the Prime Sponsor to
to the Contractor /Subgrantee under this contract /subgrant or shall otherdse
be credited to the price or cost of work covered by this .contract /subgraht
or paid in such other manner as the Prime Sponsor's Contracting Officer may
direct. Pending final disposition of property arising from the termination,
the Contractor /Subgrantee agrees to take such station 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 uhictr ig in
the possession of the Contractor /Subgrantee and in which the Prime Sponsor
has or may acquire an interest.
9. CONSTRUCTION AND BUILDING REHABILITATION
The subcontractor shall not expend Federal fund for construction and
building rehabilitation without prior approval bf the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Labs:
and the Prime Sponsor'shall be administered under the guidelines of A -102
and parts of Paragraph IV, applicable to constr`ction procurement.
-38- i -
LISTRIG OF •i' TLO�,2-=- -•:^ 0_—_�NIUGS
(This'clause is applicable pursuant to 41 CFF. 50 -250 if this contract is for
$2,500 or raore. )
(a) The Contractor agrees, in order to provide special enphasis to the
employment of qualified.disabied veterans and veterans of the Vietnam cra,
that all suitable e- micyreat openings of the contractor arich exist at the t_ = =_
of the execution o. this contract and those 'Which occur during the ^ _ =ex - - -,ca
"of this contract, including those not generated by this contract aria
those occurring at an establishment other than the one wherein,th4 contract is-
being performed but excluding those of inde pendently operate corporal_
.ates, shall be offered for listing at an appropriate local o °face c� _e S _ewe
".emolo.'r--ent sen,,ice system wherein the opening occurs and to _provide sic„ -=s
to such local office regarding emplo mment openings and hires as r- my be reC'.4 rez-;
Prolria d;`That if this contract is for less than 410,000 or if it. is .,th a
State cr local gover —eat the�•reperts set forth in pa:agrapns (c) and
not required.
(b) Listing of employment openings with the employment service, srste^ _u:_'
suant to. this clause shall be made at least concurrent3y kith the use of a:.y.
.other recruitment service or effort and shall involve the normal O"Cli.gstions
xirich attach to the placing of a bona fide job order, innluZling the accenta,.ce
of refer=.? s of - veterans and. nonveterans . 'This listing of s lc meat open ir4s
does not require-the hiring of any particular job a_plicant ox ±Yon az*r is '�-
group of job applicants,' and nothing herein is intended to relieve the Ccn- tracs;,:
'frozi any re?ilire gents in "any st_tle -es, Executive orders, or regulel i s rebar �-
nondiscrimination in eaployzient. - -
(c) The reports required by paragraph "(a) of this clause•sha]] include, c -
not be.li•�ited tio, periodic _eports *.,nice shell be filed at least g =.;=rter y 1=-::
o+ : w -:
the appropriate local office or, where the Contractor has more than. cne�esrab__ =a-
sent in a State, with the central office. of the State enolo —ment service." Suc
reports. shall indicate for each establishment "(i) the nurtoer -of indi idua_z
were _h red Euring the reporting : eriod, i� t: e those- -) riu =be_ of Ale" Yr_G :r: G wE:e
disabled veterans, and (iii) the rurber"of those hired vho were nondisaalel.
veterans of the Vietna:. era. The, contr actor" shall submit a re •30
after the end of each re_porti r period ;:herein any perfo.uar.ce is za- u=. er 's
contract. T _ coatractor . r��l _.Y.._._ n cc ies of v.,_ rero=ts s.b=: tte= ..rt'_' _,ne
expiration of year after final p _ent untie_ the cc"_ + r _L
'- 1:i '- roc.., nu_iag ::.:?e'2
er shall be made available, u ?on request, £:)r ex— em- nation b, igr
_�.res_;; atives of the Cor_t:actin3 Officer of of the Secretary of LaIczr.
(d) knerever the Contractor becomes contractually boun( by the
provisions of this clause h= shall advise tae amployn nt service sys -.em i
State vherein he has establisi+nents of the name and location of' each•such e> --tab-
lishment in the State. As long as the contractor is contractually bo_-rd to
these provisions a_nd has so edvised thr State emloyment s;; ste=t, there is n o z -
-39-
to advise the State systea of subsequent contrae
:` e State sVstezt ,when �it is no longer bound by t
(e) This cla.5;e do:_ not apply to the listi
which occur and are filed outside of the 50 Stat
the Common-wealth of Puerto Rico', Guam, and the V
(f) This clause does not apply to openings
to fill from within his own organization or to' f
traditional employer -union hiring arrangement.
to a particular opening once an employer decides
of his oun•organization or employer -union arrang
(g) As used in this clause:
(1) "All suitable emvlcynsnt opertings"
openings which occur in'the 'follo:wing job cateeor.
plant and otfice;.laborers and mechanics; supervi:
and executive, administrative, and professional q
a salary basis of less than $18,000 per year. Tht
nent, temporary employment 6f more bran 3 days! di
It does not include openings :which the Contractor
oum organization or to fill pursuant.to a customaa
hiring arra.:geae•±t.
(2) "Appropriate office of the State em,
the local office of the'Federal -State national sv:
kith assigned responsibility for serving the area
employment opening is to be filled, inciudir*g the
wealth•of Puerto Rico, Guam, and the Virgin Islam
-(3) " Openiings which the Contractor props
organization" means employment openings for Which"
to perso s out the Contractor's own orgclizati
subsidiaries, and parent companies), and includes
proposes to fi =1 from reoa?arly established "sec
(h) "Openings vlAch* the Contractor propc
to a custonary 2-nd tra ^_ ti anal e=loyez- -urdo n hiri
openings for vs h no co nsiaeraticn will be given
-hiring arrangement, including openings which the C
ua_.._- 2-_lis whim -- is part of the custc=.ry and t:
which exists baTween the Contractor and represents
(5) "Disabled veteran" nears a person er
under lapis administered by the Veterans ALIministre
30 percentu-m or more, or 'a person vhose'discharge
for a disability incurred or aggravated in line of
-40-
The Contractor ma; _
contract clause.
of emplol-sent openings
the District of Col =.alibi a,
in Islands.
iich the Contractor pro_oses '
1
1 pursuant to a custo=arr- =nr2
its exclusion does not apply
iv consider applicants outside
lent for that opening.
jnclp:des, but is not lim_Tted to,.
Ides: Production. and nonprcd _t_hi
ory aid nonsuoervisorf; tednnf -c
enings viiich are compensated oa
terra includes full-time e--p c.;-
�ratica, and part-time er loy_e_t.
proposes to fill. from within cais
y and. traditional employer-uz.a n
loymert service system" means
+tea of nublic -employment offices
of the'establisbment• v;e_e the
?strict of Colurbia, the Cc=ca-
Ices to fill from within -his o-.n
ao consideration vill be given-
)n (including any affilietes.,
any openings which the Contr ---ter
�0 or "rehire" lists..
es �` �' to fill vursumnt
arrangement" mesas a =loy -mat
�^o _ersons outside of a
i=tractor proposes to "fill f_ca
'ditional hiring relationshi_
Itiives of his employees.
titled to disability com?ense:iox
�tion for a disability rated at
�ir release_ from active duty :pas
idu.ty.
(6) "Feterc : o" the Vietnam era" means a person (ti) who (i) sert
on active duty with the,Aned Forces for a period c more than 180 da_s, a_
cart of ::hick occurr ^E after August 5, 1964, and vas disch=arged or release-1-
therefrom with other thaw a dishonorable discharge, or (ii) as discharged
'or released from active duty-for sertice- coja`ctcd 3isstilitJ if any part of
such duty Baas performed after August 5, 1964, and (3) who was so discbza�ged
released within the 48 months preceding his application for emplcf.�nt co. ===_
"or this clause. -
(h) If any disabl•:d veteran or veteran of the Vietnam era believes that
Contractor (or arr first -tier subcontractor) has failed or refuses to
t,_e provisions of this contract clause reldting to giving special emphasis it -
emplo"y ^ent to veterans, such veteran may.file a complaint -with the veterans'.
emplol^:r_t representative *at a local State employment service. office ::ho will
attest to informally resolve the complaint and then refer the complaint eat a
report . on the attempt to resolve the matter to the State office of the Veterr =.s•
E- oloy�+ent Service of the Depart _-ent of Labor. Such complaint shall the. be
promptly referred through the Assistant Regional Director for T'anpowdr•to the.'
Secretary•cf Labor vho shali'zarestigate such co :plaint and Shall taR-- such "
action thereon as the facts and circumstances varr`at consistent with the teas
of this contract and the laws and regulations applicable thereto.
(i) The Contractor agrees to place this clause (excluding' this paragrkni: )
in any subcontract directly under this contract.
Under the cost compelling circumstances such as situations =vhere•the needs of
the •Government cannot reasonably be otherwise supplied, where listing of
eaploy w ent openings would be contrary to national security, or where the re=•
ouirement of listing would otherwise not be in the best interests of the -
Caverrment, a deviation from. this subpart nay be'made, subject to the approval -
of the Secretary of Labor. Requests for any sucli deviations' shall be addressed,
to the Assistant Regional Director for Manpower; U -S. Department of Labor,
Federal Dilding - U.S. Courthouse; 1100 Commerce Street, 7t4 Floor, Dallas,
Texas 75202, wnerein the contract is to be signed, and shall set forth the.'_
reasons for the request. -
-41-
12. DISPUT =S
a. Except as otherwise provided in the ,ontract /subgrant, any,
dispute concerning a question of -fact arising under this contract / subgrart
which is not disposed of by agreement shall Le decided by the Prime
Sponsor's Contracting Officer, -ho shall reduce his decision to writing
and mail or otherwise furnish a. copy thereof to the Contractor /Subs antee.
The decision of the Prime Sponsor's Contract ng Officer shall be final and
conclusive unless 'within 30 days from the da a of.receip: of such copy,
the Contractor /Subgra�xtee mails or othenzise - nishes to the Prime
Sponsor's Contracting Officer, a -written app al. addressed to•thi Pri.-e
Sponsor.. The decision of the Prime Sponsor' i Contracting Officer for .
the determination of 'such -appeals shall be final and conclusive unless -
i
dete.:ained by a court of competent jurisdict on to have-been fraudulent',- .
or capricious, or arbitrary, or so grossly a neous as necessarily to
imply, bad faith, or not supported by substan dal evidence_ - In connection '
with'any appeal proceeding under this clause, the Contractor /Grantee shall*-'
be afforded an opportunity to be heard and'to offer eiridence'in support of
its appeal. Pending final decision -o£ a dispute hereunder, the Contractor/ '
Subgrantee -shall proceed diligently 'with the performance of the contract/
subgrant and in accordance with the Prime Sp nsor's Contracting Officer's
decision. =:
ti. This "Disputes" clause does not prec e'consideration of law
.questions,in connection with decisions provided for in paragraph (a)
above: Provided, That nothing in this contract / subgrant shall be construed
as making final the decision of any admi.nist rative official, representative,
or board on a question of Taw.
13 =• SUBCOUTRAMI?TG
The subcontractor sho_21 obtain written*con.e 6 of the Prime Sponsor prior
to subcontracting any parts of this agreement. The Contracting Officer
mom, in his discretion, ratify in vriting any such- subcontract; such
action shall constitute the consent of the Contracting Officer as required
by this paragraph.
14. COORT P_CPImrs
The subcontractor agrees to give the Prime Sponsor im- ediate notice in
writing o£ any actions or suits filed and plonpt notices of any claims
made against the Prime Sponsor, the subcon't T ac'•or', or any of'the parties
involved in the.inpleuentation and administration of the CEi'A Prograa.
-42-
lj. MOM C? PR —IDET na
In the event there are inconsistencies or conflicts in the grant and/Oz-
contract, unless Otherwise Provided, thereon the inconcsistencie- i
be , ���_
resolved b, giving nrecedercz in the followih.- order:
I. The Act (public Lair 93 -203, 87 Stat- 839)
2. The regulations as. appro-red by the Secz- eta_-•y of Labor
3. Special Clauses
k. A -102
5. A -87 =
6. The Co*_prehensire xanpoaer Plan as 'stated 'in' 'the grant as: ••
applicable to each title.
-43-
ASSURANCES AND CERTIFICATIONS
The applicant also certifies that the information in
this application is correct to the best,of its
lmowledge and belief and the filing of this application
has been duly authorized.
Harbor Playhouse 1801 N. Water,:Corpus Christi, Texas
(Legal Name of Applicant) . (Address) 78401
(Signature of Chief Elected _
Official or His /Her Designee)
H. Neil Whiting October 1 1977
(Typed Name 6 Title of Chief (Date of Application) . -.....
Elected Official or His /Her
Designee)
-44-
AVAILABILITY OF FUNDS CLAUSE
'The Program Agent'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 Program Agent for payment of
any money shall arise unless and until funds are made available to the
Program Agent for this procurement and notice of such availability, to be
confirmed in writing by the Program Agent's Contracting Officer, is given
to the contractor.
This request does not commit the Program Agent 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 Program Agent's Contracting Officer.
-45-
CONTRACT No. 160 -8554
STANDARDS OF PERFORMANCE
The Harbor Playhouse will perform according
to the rules and regulations as set forth in the Coastal Bend Manpower Consortium's
Title VI grant application and the Rules and Regulations established for Title VI
under the Comprehensive Employment and Training Act of 1973 as published in the
Federal Register, May 13, 1977, Volume 42, Number 93 as well as any additional
Federal Register made reference to and cited therein.
The grantor will review the monthly performance of the contractor in terms of
the contractor's ability to hire the planned number of individuals. To the extent
that the contractor is not able to perform effectively, funds may be deobligated
and redistributed to alternative contractors.
-46-
SUPPORTIVE DOCUMENTS
1. Bonding Requirements _- -
2. Cash Depositories
3. Advanced Payments Approval Form .
4. Agreement for a Special Bank Account
5. Insurance Requirements
6. Certification of Accountability
-47- . .
BONDING REQUIREMENTS
1. Persons authorized to sign checks and withdraw funds from Special
Bank Account:
2. A copy of bond covering the above listed individuals.
-48-
r
CERTIFICATION
FOR
CASH DEPOSITORIES
A -102 - ATTACHMENT A - Paragraph 3
The undersigned hereby certifies that:
"Any moneys advanced to the State or local governments which are
determined to be "public moneys" (owned by the Federal Government)
must be deposited in a bank with FDIC insurance coverage and the
balances exceeding the FDIC coverage must be collaterally secure, r
as provided for in 12 U.S.C. 265.
BANK USE GRANTEE USE
Bank Name Grantee's Name Harbor Plavhouse
(Signature) (Signature)
(Date) (Date)
H. Neil Whiting
(Type Name) (Type Name)
Director
(Title) (Title)
-49-
AUMORIZATION FOR ADVANCE PAYMENT ;
An initial - advance payment to-the contractor in the sum of $7,524-- -•
Is hereby authorized. _
Subsequent payment must be requisitioned monthly on a -form prescribed by
the Administrative Unit in conformance with federal requirements as outlined
In the Fiscal Activities Guide for Prime Sponsors under the Comprehensive
s�Employment and Training Act of 1973.-
" 5udh'payments will he made based upon the monthly submissioa of financial
reports and cash requisitions to the Administrative IInit documenting prior
expenditures and anticipated expeaditures.for a period not to exceed A5•days,
the first day of which shall be the first day, of the month ixcVaieh the report
Is due.
All initial and subsequent advance payments will be Made without interest,
The contracting officer hereby determines that the making of'such advance
payments without interest is in the public' interest.
-50-
.dEEMENT FOR SPECIAL BANK ACCOUNT
'The_ Harbor Playhouse
-hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and
located at a banking corporation
hereinafter referred to as the Bank, hereby mutually agree as follows_
1. As a condition to the making of advance or supplemental payments
under the Contract between the Contractor and the Program Agent, amounts advanced
to the Contractor by the Program Agent shall be deposited in the account estab-
lished at the Bank, designated as the " Harbor Playhouse Title VI Project
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance
Corporation Act (Act of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract referred to in
paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the
above Special Bank Account is concerned, and particularly shall not permit with-
drawal of funds'from the Special Bank Account except by persons named in said
contract as authorized to incur and pay costs on behalf of the Contractor, but
shall not be responsible for the application of funds withdrawn from the account.
4. The Program Agent shall have a lien upoti the credit balance in the Special
Bank Account to secure the repayment of all advance or supplemental payments made
to the Contractor; which lien shall be superior to any lien or claim of the Bank
with respect to such account.
'5. Upon receipt of written directions from the Program Agent or his duly
authorized representative, the Bank shall act thereon and shall be under no
liability to any patty hereto for any action taken in accordance with such written
directions.
6. In the event of the service of any writ of attachment, levy, or execution,
or the commencement of garnishment proceedings with respect to the Special Bank
Account, the Bank will promptly notify the Program Agent.
7. Authorized representatives of the Program Agent shall have access to
the books and records maintained by the Bank with respect to such Special Bank
Account at all reasonable times and for all reasonable purposes, including, but
not limited to, the inspection or copying of such books and records and any and
all memoranda, checks, correspondence or documents appertaining thereto. Such
books and records shall be preserved by the Bank for a period of six (6) years
after the closing of this Special Bank Account.
-51-
8. All moneys deposited 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
depository 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
BANK COLLATERAL required, based upon
estimated maximum bank balance,•(exclud-
ing FDIC coverage of $40,000), is
SIGNATURE
DATE
TYPE NAME-
TITLE
.CONTRACTOR USE
THE PROGRAM AGENT
CONTRACTOR'S NAME
Harbor Pla house
SIGNATURE
DATE
SIGNATURE
DATE
TYPE NAME
R. Marvin Townsend
TYPE NAME
H. Neil Whitin
TITLE
City Manager
TITLE
Director
-52-
2NSIIRANCE�REAUIR.EMENTS
• CFdLEUICAllUN Ur At.t.UU1,11ADI""
er the provision of the' Camprehensive Emplaymant and Training Act of IF-
the Secretary at Labor bas.tbe responsibility of requiriao' that Contractors
.receiving Federal Futids under the Act maintain financial records to fUllY accot.
and control such funds. To provide the Secretary of Labor with the necessary
informatioh, the .following items of information are to be completed and submitted
with the Contract
1. 23ame, Title, a Organization of Chief 2. Hill the Accounting Systea'ba
Financial Officer directly maintained by you?
�---7 No (If 'No. who will.
Check If one has not been appointed Q Yes i__t maintain, the account—
or designated. ing systeU7
Name and Address
5. Are you Familiar with the Departs 'of Labor Audit Requirements_
Yes
i. Description of your Financial Accounting System (indicate whether the system is'
maaval or automated and describe how it will meet the record keeping, reporting,
and. accounting requirements of the Manpower Administration.),,, : .. . -'•,
USE CO @:TI\UATIO� S�iEET IF NECES9 RY
CERTIFICATION. I certify that to the best of my knowledge and belief this report
correct . nd cov.olcte
23ame and Title of ,Authorized Official Telephone IN and Area Cade
Date of Execution
Signature
-54-
Corpus Christi, Texas
ca2�? day of�_, 19-5,L-
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 suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by titg following vote:
Jason Luby
Eduardo de Ases — t'�-
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by th following vote:
Jason Luby
Eduardo de Ases (1 6
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample