HomeMy WebLinkAbout15142 ORD - 09/26/1979vp:,9/25/Z9:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II -D
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT IN
THE AMOUNT OF $1,773,999 FOR THE PERIOD OF OCTOBER 1,
1979 THROUGH SEPTEMBER 30, 1980. THE CONTRACT AUTHOR-
IZES A MAXIMUM HIRING LEVEL OF 270, 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"; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL RELATED AND NECESSARY DOCUMENTS OF THE AFORESAID
CONTRACT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a Title II -D Comprehensive Employment and Training Act contract
in the amount of $1,773,999 for the period of October 1, 1979 through
September 30, 1980. The contract authorizes a maximum hiring level of 270,
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".
SECTION 2. That the City Manager be and he is hereby authorized
to execute all related and necessary documents of the aforesaid contract.
SECTION 3. That the necessity to authorize execution of the
aforesaid contract and all related and necessary documents creates a public
emergency and an imperative public necessity requiring the suspension of the
Charter rule that no ordinance or resolution shall be passed finally on the
date of its introduction but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
that such emergency and necessity exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the 26 day of September,
1979.
ATTEST:
icy Secre ar' MA'Y R /
APPROVED: f day of SEPTEMBER, 1979: THE CI(TY OF CORPUS CHRISTI, TEXAS
J. BRUCE V • KK,, CITY ATTORNEY
By
ssistant City007.tney
15142
Corpus Christi, Texas
24 day of C i A, 1g�
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,
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
THE C Y OF CORPUS CHRISTI, TEXAS
by the following
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the
vote:
following vote:
15142
CONTRACT SIGNATURE SHEET
CONTRACT NUMBER i MODIFICATION NUMBER
t
i
PRI[ SPi
Coastal Bend Consortium CONTRACTOR: Ci y� f CQpus Christi
P.O. Box9?77. P.O. �ox y ///
, Corpus Christi, Texas 78408 Corpus Christi, Texas 78408
:his contract is entered into by the Administrative Unit of the Coastal Bend Consortium, here-
inafter referred to as Priine•Sponsor and City of Cnrpoc fhricti , hereinafter referred
to as Contractor:*
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 40 pages, including this page,
and such other provisions and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide by all terms
specified herein and also certifies that the information in this Contract is correct to the
best of his knowledge and belief and this Contract has been fully authorized. Funds hereby
being obligated are subject t� the availability clause.
A. CONTRACT PERIOD : This contract covers the period (date) from October 1, 1979 to
September 30, 1980
B. MODIFICATION : This action increases _ decreases does not change _ the Prime
Sponsor obligation for this contract by (this action) $ to (new level)
C. OBLIGATION :
TITLE
FISCAL YEAR
TOTAL
1
773
•9•
FY 80
FY
FY
Total
$ 1,773,999
1
773
999
APPROVED FOR THE PRIME' SPONSOR
DAY OF
'BY: •
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature)
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
APPROVED:
DAY OF
-Director of Finance
ATTEST:
.City Secretary
•
City Attorney
APPROVED BY THE COASTAL BEND
CONSORTIUM EXECUTIVE COMMITTEE
ON
(Signature)
Ex N• "Ah
'CONTRACTOR'S NA 1E AND ADDRESp
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
UA. ,3GYA n'rn,o .r or LAnnn
I4n,p10r 034, 11141 Tu51516 AJO,hdnra Ung
DIi1l0ET INFOIIMATIWN SUMMARY
October 1, 1979 September 30, 1980
n, ron rICOIONAL OFFICE USE ONLY
0
it
)
0
CQNTIIACT IICY
4u
45
61
0
Adz
db
3a
z
Moo. OA t r.
141I6 111) YY
7
4
10
12
13
II
15
10
1)114
17
20
21
22127 2.1 25 26121 25 20 30
r nUOOt SUMA)AIIY COST CATLOOIIICS
1. CONTRACT NUMBER
•
C. TYPE OF P110011AM
1. L/ Title II -B&C
2: L/ Title II—D
3. [_,/ Title ITT -
Speclfy
4. LI Titla
5; L/' Titla VII
6. L/ Admin. Cost
7,Z:7 Other
1. a1,Atlr 1.110011AM
Fl1rtCT10N Oft ACTIVITY
1. Aelminlalrlllon
2. Allowlnc,e
3. Wages
4, 6'i Inie n„m111s
5. Training
we
.h .r ill i
i
ESTIMAI CU UNCHI CNDCn ruN115
5. I'Id,,11 _
e<jr'i,t�i'•, ,1t1• .6117'41
-,l
6.6Servicet
7. Toll:
0
T41,3
417
F. CUMULATIVE Ol1AOTCOLY rfOJCCI10112
1 2
ii "P
n
; 1','3
Of UIILIOATIONS AND CxPI:NU
3 11 2;11', 1,4 7:
''r''".�SI.11J':
26
3 $ 886,988
1 2
n
IT 111100
3
3
frur fluartnr Cndlny)
+` 2 72 23 24 25
' ° -..�
1 2
,'' r
1
r
3
35
4•I
21 2_7 2.1 24 ?..61
-�'<.L,1: -7 ,=>s,�
25
$ 1,773,999
1 2
r t
0
Tif g
�J $.
3
74.
3
35
E
Ori 21 22 2a 24124_
;.�1...S,v.,
26
$ 443,499
....".,,.--.�. .�..._,...
I. rrin,t fir.nntor O1,I1g1110n,
_..
26
$ 1,330,497
n
Ai T
3. Told r,nlecie4 1:xprnnlutai by Penguin
443 499
886,98i�
.f se
%' .f
'ii ''
1a 1.
^_i
1 2
D
T ”
35
44
1,330,497
1,773,999
6. Cl.i onos Tta6dug, rrGnt Stumm1
44
53
17.650
•i• r:4,
2.' ,d
35,300
'52,950
7(1,600
5. Orr,eJnl, Tr+loIn7
n
5:
67
71:
3
4
35
C. rnl,lle Servlet Employment
;V
T l
1 2
n
3: (:
b2
'11
3
4
35
'394,599
4 cc,
'S• 'T`
1 3
0
•} • 1
1,2
71
3
4
789,188
1,183,797
,7 l'
.' :I:
51
71
1,578,399
4. Work Exprrle,3et
--1 q
2G ;1{ 12I�t:L
1 31,250 ,
331/M}T!• i3,�
20' jg, lAyg,,, "• .1
125,000
1. servelkt0 1'3ru71pinle
20 4
.8
12
n
T 7'
3
;f
�1
:1' -
,
3
4
35
44
53
i,i
it
2,500
93,750
1. onur Acl145176
I
35
4.1
5:1
r7
77
__.-_._--L__...
-• `_ ---•
1,773,999
3. l'lelecleJ L'xpeoJllnt,I for Voc.lI011+1 ):d,
In SpccDj 62,3,316 lo 0,33,00,1
1
7,':
44
)•
':I ,.3
•I• •?
.1 T.
•
44
4
53
62
•ri
4, P,^lexl,4 ExtH,ullutite cl Ilon•F,J. hands
5. (21Lt 174. ri. ic. Uni b3, Nim. 5p n 65 I
GiL.,�,i 1;1:1 . r. �1;, i,�ii:. ... ;,thin„-----
r'I'" _...
/ ,1
..I Fi
;1
... �.
53
62
.7i
__ _.__..__.._�_
t 886.988
ij t1
1 ,',
... ,�”
1
,• ,',
•l-.,'
_ _____
$ 1,330 497
-r• —•----
a ..aa._aall
•
44
F
CONTRACTOR'S NAME AND ADDRESS
City of'Cor us Christi
P.O. Box 92/7.
Corpus Christi, Texas ' 78408
•
Fofl n1010NA1 OFFICE USE ONLY
s
4 1a
1'
0
aN
CONT TACT !MY
t0
•
4:
loll
rE
17r 1:
�ut)
NSZ
o.1011;71
11.0, 111.1'0111 II1:N 1 1ai+ 1,0111111
I'mpinynnnn mal 'I ndnlnp AtIndnl,Irnand
CLTA PROGRAM PLANNING SUMMARY
c. GI1ANT YEAn
From
October 1, 1979
L. CONTRACT NUMBER
d. TYPE OP I'noCflAnl
1. t1Tnll11 [VC 3, 0Title VII
2.')1111' IID 6. 0 Adml.n, Cost
To ' • i. L11RIO III Speedy •
October 30,.1980. A. c11105 vi 7. C7 Other
INSTRUCTIONS Fon. COMPLETINO SEC'110NS I, II, AND 111
See. 11 A (Total Etvoihneulr) Is the mm of A.1 and A.1. 0 ('Tonal TerminslIonI) it the sum of 0.1 through
11.3. C (Planned Cnrollmrnts) Is A; SIIIIW E.
Sec. 51: Enter In Una (a) Enrollment, In each progreln ',deity cumulatively through the grant year, end In Ilse
(b) the number of participants planned to be enrolled In each program acIlvlty at the end or each
quarter: patll:Ipinit who are eoncurrndly enrolled In more than one ecllvlly should be counted In each
. activity In which they ate enrolled.
Sec. 1111 Enter 1lle cumulative Number oI pnrticlpants In each ;content to be enrolled duriral the grant 750'.
rarllcIpanit Mould be cnuntrd In at many sIgnllIcant ,Mnlenl group* as are applicable.
• I. CN7OLLME:NT AND TERMINATION SUMMAflY . •' • ,
• GRANT YEAT•T0.OATE PLAN '
t. Tool T
O „moo
A. TOTAL
rNnoLL•
MEN TS
1, rnroll•
meals
11n=}•rY
100
2. rartlel•
rant%Canal
Ower
0. TOTAL
TCnMINA•
TIONS
I. Cnler119
L•nliuymrt
e. OReel
19emtt.
C. Indirect
PINTIt%
_ 4
e.0615M10
Brei Tera
1
}, Other
Potlltve
_
1
2, Nnn•
pos11111
•_, ._.�
14 "
C. PLANNED
Wrtr Lum. 1.
'end n/cirri;
270 'i
190
20 4
5
0
_R_
b D
c r
u c
1
t.......
1
1
J aJ•
--2:--j _` , •..,: %1't2 (
:.•t .4; C ;,d
" ` ' �f
• r.
'"
1
c
e T 9
a g n
290
21.Q
' 12Q_-
190
40
10
28
270 '41
on
n
7.1,:,.,7»�''�]1
8,•p
9 an
340
150
190
70
20
..-0.---..___L___-2—______2—_—L
0
16
4
5
45
270 I:
370 __
},$0
190
Z70
100
0•
711.
14
?,6 5.
9
•••
JG '
il• .
,.
,Ioi;
-- —t—
sE
9a 'n1
, I
nd'
/i' , }
l ,
G .
N. PLANNED CNIIOLLMIENIS IN 1'1100IIAM AC TIVI 111:5
n 1 n
CLASSROOM 111/11NINl'
161,0 rocs. Voc. Ed.
L
_s,•+..
2 al Total CnrnlImenlr ....J...—•..
a
bl Currently Carnilad
E
al Tal31 Cnrnllnlrnt9
2
a
9
9
C
D
J
61 Currently Cnr011sd
c�
al Tonal Cnrullnontt
0) Currently Enrolled
D
2
rt Total Cnrollnunis
00
J S
n0
O
a
bl CurrenIIV Enrolled
. 1 2 1 •
0
a
0
o?�
00"
21 NV:2H
011•Iho•J01r Pub. SoN0.
1'rarnin9 CtToomo..11
290 ..•
270
310
270
�4n
270
370
25
2n
31
25
0
Work
[yr/mimeo
IV, 01111.11 ACTIVITIES
(flolnrarlcr 11r1
•
Incl? Ale other activities dr sneclel programs on attach.
mann, Describe •hili ohlncllvos end Inst milestone,
toward their achievement In a tfuonillotive or norrollve
Indtarllntioll.
III, SIGNIFICANT SEGMENTS
SIONIrtcnNT
SEOMCNTS
ono
12/31
NT VCAT•T
apt
b1
25
A Vnepp 30 day
n Upemp 15/'20
to
25
265
0.13AT0 11.
AN
(/4O 9/211 SIONIPICANT
SCOMENTS
lel
25
285
315
1111a.
.25
345
r•
NT VEnal•T
3pl
lel
O•n(6TO PL
repo
a
_ -- - OMB Approval: No. 4A -R1635 •�•
_ _
S. DEPARTMENT OP (,11308
Employm+nt and TM In n, A4minla=ra:lon
CETA MMONThLY saEL1 rLE
CONTRACT NUMBER
-b, TYPE OP PROGRAM ('•.r -can.)
II -D IIvs
' Q Sc.P1a1 Gnnt to Gcwnora
a CONTRACTOR'S NAME AND ADDRESS
City of Corpus Christi
P.0. Box 9277.•
Corpus Christi; Texas 78408 '
POR RGIONALO77,1Cb U34
CONTRACT KEY
a`v
i
az
4a
Z
Ei
Uj
4I 5
' M
6 17 a 1 91101 1112113114115It6I LA 1a 191 2G 21
_ -
C
C
i
O ,
_
___ __
1- MON754
ENO OF MO Milt
III- PROJEC'TE'D
t -t CUMULATIVE
S_ �- ITUR�►'
s8Y MONT _
__ - . —_ ._ __ .- ._ -
• 11 Pl.ANNSD CURRENT ENROLLMENT
I
A. PSS
1 B. NON•PS2
3
22
t 0 0 1
24
270
L •t -
36 1
$ 147,833
• :- _-
'
1 1 4 1 7 1 9
270
295,660. ,
1 1217 1 9
270
443,499
0 1 7 1 81 0
270
591,332
• r
k'• -_^mer
kr, �:
0 1 2 1 81 0
270
739,165
o 3 18 1 0
270
886,998
0 4 1 8 1 0
270 •
---
1,034,831
a w• -
:.?
'X'
`0 5 1 81 0
• 270
1,182,664
o1 s 1 8 1 0
270
' 1,330,497
0 j 7 8 1 0
270
1,478,330
0 1 8. 1.81 0
270
•
1,626,163
-
r
o 1 9 1.8 1 0-
270
•. -
$1,77-3,999
1 1 1
1 1 1
1.1 1
• 1 1 1
-
.
ETA 22029 (Apr: 1979)
-4-
U.S. NEPA WI Id ENT Up LAMM. • IAuPloywunt uu a TtuInlnc Admlu6hutl.,n
P S E OCCUPATIONAL SUMMARY
CONTRACT NUMBER
164-3011
Nnn noonEssOr•.CONTRACTOR
City of Corpus Christi
P.O. 9277
Corpus Christi,'Texas• 78408
3. TYPE OF PROGRAM ("X" appropriate bu+(rtn
a. tL1 11 • O . b. Q VI e. C7 Spacial Oovanor's Gram
d. GI Olhor (SpeclfY)
•t. Pt1OGI1AM AGENT. EMPLOYING'
AGENCY AND POSITION TITLE
•
O. OF JOGS
(A)
. coMPARAULE
WAGE •
ANNUALIZED
CETA WAGE
. NON•CETA
,SUPPLEMENTATION
• OF WAGE/SALARY
PEnsorer?Ans
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
•
03)
ICI
(D)
(EI
IF!
On Board 9/30/78:
Crew Worker, Grade 7 •
Custodial Worker, Grade 7.
Guard, Grade 7.
Clerk I, Grade 8 }
Clerk -Typist, Grade 8 - }.
Trades Helper, Grade 9
Traffic Sign Maintenance Man, Grake 9
Cler`'k II, Grade 10
Gardener II, Grade 10
Stock Clerk, Grade 10
Bus -Operator, Grade 11 •
Account Clerk, Grade'12r
Community Service Aide, Grade 12 I.
Kennelman, Grade 12 • • '1'
Laboratory Assistant, Grade 12
Senior .Clerk, Grade 12.
Senior Clerk -Typist, Grade 12
Junior Draftsman, Grade '13
Senior Engineering Aide, Grade 18
Humane Officer, Grade 14
Personnel Technician, Grade 14
22
• 3
3
6
8
5
3
4
1
1
1
6
1
1
2
3
6
2
1
$ 6,677
'6,677.
6,677
6,968 '
6,968
7,259
7,259
7,550
7,550
7,550
7,840
8,133
8,133
8,133
. •8 ,133'
' 8',133
8,133
8,445
• 8.,445
8,757
8,757
0
0
0
0 . •
0'
0 •'
• 0'
0`
0
0
0
A'•
0•,
0 ..
0
0•
0
0 • '
0
' 0'
0
11 •
'1.5
1.5
3
4
2.5
1.5
2
.5
.5
.5
3
.5
-5
1•
1.5
3•
1
.5
1.5
.5
$ 6,677
6,677
6,677
6,968
6,968
7,259
7,259
7,550
7,550
7,550
7,840
8,133
8,133
.8,133
8,133
8,133
8,133
8,445
8,445
8,757
8,757
• U. TOTAL t*-• )0,•-
83
• 0
41.5
11.8, 1;1:1'All 11•IEN'P OF I.AIR)R • Employ invnl w1 'I' ,t)dna
P S C OCCUPATIONAL. SUMMARY
' CONTRACT NUMBER
. NAME AND AODIICS5 or• .CONTRACTOR
City of Corpus Christi.
P.O. Box 9277
Corpus Christi, 'Texas .78408
J. TYPE OF PROGRAM ("x" opprupr(3(e bur(rd)
a, t7 11 • 13 b. ❑ VI C. 0 Special Gov01))or'1I
Lt. 17 Otlmr (Speellvl
<. PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
No. OF .IOUs
, COMPARAPLE
WAGE
(A)
asrs
ANNUALIZED
CETA WAGE
• NON•CETA
SUPPLEMENTATION'
OF WAGE/SALARY
pensonvrARS
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
IC)
(0)
(E1
(F1
101
Utilities Serviceman, Grade 14
Maintenance Foreman, Grade 15
Loan Processor, Grade 16
Recreation Coordinator,. Grade 16 '
Safety Security Officer, Grade.16
Painter, Grade 17
Administrative Aide, Grade 18•
Planning Technician, Grade 18 .i
Junior Accountant, Grade 19
Administrative Assistant, Grade 23
Engineering Assistant I, Grade 23
Programmer Analyst III, Grade 31
Patrolmen
'On Board 3/31/79:' •
Brush Collector,'Grade• 7
Custodian, Grade 7
Guard, Grade 7
Clerk I, Grade 8
Clerk Typist, Grade 8
Engineering Aide, Grade 9'
Garage Serviceman, Grade 9
Plant Helper, Grade 9
1
2
1
2
3
1
'1
1
2 '
1.
1
1
12'
2
3
4
5
2
1
1
$ 8,757
9,090
9,443
9,443.
9,443
9,797
10,000
10,000 •
10,000
10,000
10,000 •
10,000
10,000
6,677
6,677
6,677
6,968' .
6,968 •
7,259
7,259'
7,259
0.
0 •
0
0
0
0
. 192
192
608
2,397
2097
8,325
3,145
0
0
0
0
.'O
0'
0
0'
.5
1
.5
1 '
1.5 •
.5
.5
.5
1
.5
.5
.5
6
1
1.5
2
2.5
1
.5
.5
• .5
$ 8,757
9,090
9,443
9,443
9,443
9,797
10,192
10,192
10,608
12,397
12,397,
18,325
13,145 4
6,677
6,677
6,677
6,968
6,968
7,259
7,259
7,259 •
E. TOTAL t- )p•••
48
17,256 •.
24.0
u,.I1L•t'AR'IMEN'1'aI' l.Allult ' Enploynwnlm+d•r,ulnlnaAduilnbl+ullun '• CONTRACT NUMBER
P S g OCCUPATIONAL SUMMARY '
NAME AND ADDIIESS OF :CONTRACTOR
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408 .
3. TYPE OF I'ROO(IAM ("X" opprupr(clo lror(111)
a. ti II • O b, ❑ VI • C. 0 Spacial0ovornor'30
d. ❑ allot (Speclry)
�. PROGRAM AGENT, EMPLOYING'•
AGENCY AND POSITION TITLE
NO. Or JOGS
COMPARABLE
WAGE
ANNUALIZED
CETA WALE
NON•CETA
,SUPPLEMENTATION
DF WAGE/SALARY
PE RS OONFY pliRS •ANNUTOALIZED
FMPLOyMENT WAGES
PLANNED
(A)
(D)
(CI
(g1
IEI IFI . (D)
Trades •Helper, Grade 9
Trainee II, Grade 9
Truck Driver, Grade 9 jr�'
Building & Grounds Custodian, Grade. 10
Parking Lot Attendant,' Grade 10 '
Stock Clerk, Grade 10
Account Clerk; Grade 12
Humane Officer, Grade•14
Warrant Officer, Grade 15 {
•
Positions Created on or After 4/01/79
Trainee
Refuse Collector, Grade 7
Crew Worker, Grade 7 •
Guard, Grade 7
Recreation Leader; Grade 8'
Clerk -Typist, Grade 8• •
Clerk I, Grade 8
Gardener I, Grade 9
Plant Helper, Grade 9
Trades Helper, Grade 9.+••
Truck Driver, Grade 9
5
2
1
1
1
1
2
3
1
16
12
41
.4
• 3 •
5
8
• 2
1
2" •
$ 7,259
7,259
. 7,259
7,550
7,550
7,550
8,133
8,757
. 9,090
6,157
7;153
7;153
7,153'
7,465
7,465
7,465
7,777.
•7,777 •
7,777 •
7,777
0 2.5 $ 7,259
.0• 1. 7,259
0 • • .•. .5 7,259
0 .5 7,550
0 .5 7,550
0 . .5 ' 7,550
0 • 1 8,133
0 1.5 8,757
0 • .5 9,090
0 8.0 6,157 l
. 0 6.0 7,153 i
' •0 20.5 7,153'
0 . 2.0 .7;153
0 . 1.5 7,465
0 2.5 7,465
0 4.0 7,465
0. 1.0 7,777
0 .5 7,777
.0 3.0 7,777
0 1.0 7,777
G. TOTAL
117
58.5
U.:1. 111:1'All1b1I%NT UP (.AlIU11 ' lilfrluymeni and 'I•mininp A.Im lul�liutluu
'P S OCCUPATIONAL SUMMARY
' CONTRACT NUMBER
NAME AND ADDRESS or •CONTRACTOR
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
3. TYPE OF 1,11O011AM ("X" o:Prul'rlule boe(etJJ
a, f$1 11 • D b. 0 VI C. 0 Spaclal0ovornor'r C
d. t1 other (Specify)
4.• PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
NO. Or JODS
COMPARADLE
WAGE
ANNUALIZED
CETA WAGE
• NON•CETA
SUPPLEMENTATION'
GF WAGE/SAL/01Y
FERSOONYEARS
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
IA)
IC)
Io)
(E)
(F)
(G)
Worksites
.0n Board 9/30/78
Custodial Worker, Grade 7
Recreation Coordinator, Grade 16 i
Maintenance Mechanic,.Grade 16 r
Trainee IV, Grade 17 •
•
On Board 3/31/79
Clerk.Typist, Grade 8
Trainee II, Grade 9.
2
1
1
2
4
• 1
$ 6,677
9,443
9,44.3 .
9,797 •
•
•
6,968
7,259
0
0
0
•O
0
0•
1 •
.5
•;5 •.
1
2
..5 •
$ 6,677
9,443
9,443 •
9,797 •
6,968
7,259 00
. G. TOTAL t••• )z•-••
11
5.5
U.B. III:rAII I MLN 1 or LA11Ilil lunpwyn"•"1 MIN 'MM.; n , m ,,, u, ,,.,
P S OCCUPATIONAL SUMMARY
NAME AND ADDRESS OF.CONTRACTOR
City of Corpus Christi
P.O. Box 9277 . .
Corpus Christi, Texas' 78408
3. TYPE OF PIIOOIIAM ("X" appruprfalc b
a. X�4 II - D b. CI VI
d. 0 Other (Specify) ...,,..".................
ux(rI))
C. 0 Spacial Go
Off
verse: G'
4.: PROOnAM AGENT, EMPLOYING',
AGENCY AND POSITION TITLE
IA)
ND. OF JOGS
(n) T
COMP/kit/OLE
WALE
ANNUALIZED
CETA WAGE
NON•CETA
,SUPPLEMENTATION'
OF WAGE/SALA nY
pgnsoorivgAns
•EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
(q1
IE)
(F1
Coastal Bend Council on Alcoholism
•Clerk Typist, Grade 8' I
Trainee IV, Grade 17 • : '
Corpus Christi Arts Council
Clerk Typist, Grade 8'
Recreation Coordinator, Grade 164
Education Service Center
Clerk Typist, Grade 8
HIALCO Community Service Center'.
Custodial Worker.,'Grade 7
Texas Youth Council
'Trainee II,•Grade 9
Maintenance Mechanic, Grade 16
1
2
1'
1
2
.2
1
1.
$ 6,968
9,797.
6,968 •
. • 9,443
6,968
•
.•6,67
• 7,259 .
9,443' '
•
'0
0
'0
0
0
0
0
.5 '
'.5
1
1'
.5
.5
$ 6,968
9,797
6,968
9,443
6,968
6,677
• 7,259
9,443
. O. TOTAL
11
5.5
rn
rrn 99f1fl in,,. 19
1Y Ul'1DL' R
P S E OCCUPATIONAL, SUMMARY
. NAME AND ADDRCSS Or .CONTRACTOR •
City of Corpus Christi
P.O. Box 9277
Corpus Christi; Texas 78408 '
3, Typg OF PROGIIAM ("X" oppraprlale bor(n1J
a. 6 II • a b. ❑ VI c. 0 Special Covcanoes 0
d.(:1 Otliar (Sp OW
'.PEnsoNvgARs
4:. PROGRAM AOCNr, EMPLOYIND'
AGENCY AND POSITION TITLEWAGE
NO. OP JOGS
COMPARAIJLE I
ANNUALIZED
CETA WAGE
'SUPPLCI ENTATION'
' OF WAOL'/SALT R,Y
OP
pmpLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
(A)
(G)
. (C)
(pl
(EI
(F!
. (GI
Sub -Contractors
• Flour Bluff Independent School District
1
2
7
1
1 '
. 1
.
•
••
$ 6,240
6,240
6,073 '
6,073
6,073
6,323
.•
.
0
0
.
. 0 .
0
0
0 .
.5'
1
.5
.5
.5
.5
$ 6,240
6,240
6,073,
6,073 .1
6,073 0
6,323,
Grounds Maintenance
Teacher Aide i
West Oso Independent School District
Teacher P.E. Aide
English Department Aide •
Business .Clerk •
.Teacher P.E. Aide }
1
. C. TOTAL ,e.— );,.-•
13
3.5
,
/ / TITLE I
PROJECT COMPONENT BUDGET
Al TITLE II
NAME OF CONTRACTOR OR SUBGRANTEE:
City of Corpus Christi
/ / TITLE -VI -
FUNCTION OR ACTIVITY:
Public ServiceEmployment
(1) ADMINISTRATIVE COST:
(2) WAGES:
(3) TRAINING:
(4) FRINGE BENEFITS:
(5) ALLOWANCES:
AMOUNT -
$ -0-
1,425,000
70,600
153,399
-0-
(6) SERVICES: 125.000
-11-
TOTAL AMOUNT $ 1,773.999
BACK-UP SUPPORT BUDGETS
(1) ADMINISTRATIVE COSTS
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)
c
-12-
SUB-TOTAL
AMOUNT
N/A
BACK-UP SUPPORT BUDGET
(2) WAGES:
a. On -Job -Training
AMOUNT
b. Transitional Subsidized Employment: $ 1,425,000
c. Other: (Specify)
d. Other: (Specify)
Sub -Total t 1,425,000
*Includes wages to be paid during training.
(3) TRAINING:
a. Salaries: Staff $ 30,000
b. Fringe Benefits: Staff - 18% 5,400
c. Equipment: Minor 2,000
d. Equipment: Capital 10,000
e. Tuition: 6,000
f. Books and Supplies: Materials 10,000
g. Rental Equipment: 2,000
h. Professional Services: 5,000
i. Equipment Maintenance: 200
Sub-Total $ 70,600
-13-
BACK-UP SUPPORT BUDGETS
(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)
AMOUNT
- 0-
- 0-
-0-
- 0-
$ 86,899
4,000
- 0-
60,000
2,500
600
Sub -Total $ 153,399
(5) ALLOWANCES: Sub -Total
-14-
-0-
BACK-UP SUPPORT BUDGETS
(6) SERVICES TO CLIENTS: (N/A) AMOUNT
a. Child Care:
b. Health Care:
c. . Medical Services:
d. Residential Support:
e. Assistance in Securing Bonds:
f. Family Planning:
g. Outreach:
Staff - $105,000
h. Intake and Assessment: Fringe - $16,000
i. Orientation: Costs will be prorated be-
tween Title II -D and Title
j. Counseling: VI with II -D providing
k. Job Development:
1. Job Placement:
m. Other: (Specify)- Travel (Staff)
n. Other: (Specify)- Travel (Participants)
o. Other: (Specify)
-15-
-0-
$ 121,000
2,000
2,000
Sub -Total $ 125,000
Grand Total $ 1,773,999
' Ti'. -D Narrative
City of Corpus Christi Program Activities and Services
Integration of Activities
The City of Corpus Christi Title II -D program will provide training activities and other
services leading to maximum employment opportunities and enhanced self-sufficiency.
Activities to be integrated into the public service employment program include classroom
training, employability counseling, work orientation, and job placement activities.
Special Arrangements
Special arrangements for pre -vocational classes, GED preparatory training, and remedial
education will be made to meet the specific needs of the long-term and structurally un-
employed participants. In addition to structured classroom training, counseling sessions
and seminars will be scheduled in personal skill development, communications, job relat-
ionships and job search assistance. The significant segments of the eligible population,
including disadvantaged female heads -of -households with undeveloped clerical skills, will
be provided with classroom training for skill development. Remedial education, including
language and mathematics instruction, is also planned for those segments in need of adult
education.
Orderly Transition from FY 79 to FY 80
The City of Corpus Christi Title II -D program provides a number of potential lateral
transition or promotional advancement opportunities for the significant number of parti-
cipants who will reach a 78 week limit of participation in the current year. In addition
participants in the Public Service Employment Program who are hired after April 1, 1979
will be compensated with entry level wages to provide for both the requirements of the
designated average annual wage and for potential advancement into permanent employment
with the City of in the private sector. Those provisions will facilitate the orderly
transition from the City of Corpus Christi Title II -D program from FY 79 to FY 80.
Wages and Fringe Benefits for Title II -D Participants
Wages and fringe benefits for Public Service employees will be consistent with the Com-
pensation Plan for the City of Corpus Christi and will provide a comprehensive plan that
includes wages for both' employment and training opportunities during each work week. The
combination of employment training and wages provided for Title II -D Public Service
employees is not comparable to any unsubsidized occupations in the City of Corpus Christi.
Entry level wages for Public Service employees hired after March 31, 1979, have been est-
ablished to insure that the average annual wage for Public Service Employment positions
is within the required annual average wage schedule.
Levels of Employment within the City of Corpus Christi
The level of permanent employment for the City of Corpus Christi is estimated at 2,795
positions. This level is determined by annual budget requests as received and approved
by the Corpus Christi City Council for a fiscal year from August 1 through July 31. What
changes, if any, in this permanent level of employment will be made by lay-offs or hiring
and promotional freezes is not known at this time.
-16-
Avt Annual Wage Rate for Title II -D
The City of Corpus Christi Title II -D program has a required annual average wage rate of
$7,110 for Public Service Employment positions filled on or after October 1, 1979. To
provide for entry level employment in keeping with this required annual average wage, the
majority of Title II -D participants will be hired as Trainees with an entry level wage of
$2.90 per hour and a 6 -month step increase to $3.02 per hour.
-17-
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendments of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved by
the Coastal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management
Circular (FMC) 74-4 as those circulars relate to functions such as the utiliza-
tion of funds, operation of programs, and maintenance of records, books, accounts,
and other documents under the Act.
2. The applicant, in operating programs funded under the Act, further assures
that it will administer its programs under the Comprehensive Employment and
Training Plan in full compliance with safeguards against fraud and abuse as
set forth in the CETA amendments of 1978 and pursuant Federal regulations; that
no portion of its CETA program will in any way discriminate against, deny bene-
fits to, deny employment to or exclude from participation any persons on the
grounds of race, color, national origin, religion, age, sex, handicap, or poli-
tical affiliation or belief; that it will provide employment and training services
to those most in need of them, including but not limited to, low-income persons,
handicapped individuals, persons facing barriers to employment commonly experienced
by older workers, and persons of limited English-speaking ability.
-18-
3. In addition to the above requirements and consistent with the regulations
issued pursuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will immediately take any measures necessary
to effectuate this agreement.
c. It will comply with Title VI of the Civil Rights Act of 1964, (42 -USC
2000d) prohibiting erployment discrimination where (1) the primary purpose of
a grant is to provide employment or (2) discriminatory employment practices
will result in unequal treatment of persons who are or should be benefiting
from the grant -aided activity.
d. It will comply with the requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646)
which provides for fair and equitable treatment of persons displaced as a re-
sult of Federal and Federally -assisted programs.
-19-
e. It will comply with the provisions of the Hatch Act which limit the
political activity of certain state and local government employees.
f. For grants, subgrants, contracts, and subcontracts in excess of $100,000,
or where the contracting officer has determined that orders under an indefinite
quantity contract or subcontract in any year will exceed $1000,000, or if a facil-
ity to be used has been the subject of a conviction under the Clean Air Act (42 USC
1857C-8 (c) (1)) or the Federal Water Pollution Control Act (33 USC 1319 (c)) and is
listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the
grantee assures that: (1) no facility to be utilized in the performance of the pro-
posed grant has been listed on the EPA list of Violating Facilities; (2) it will
notify the RA, prior to award, of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection Agency, indicating that
a facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities; and (3) it will include substantially this assurance,
including this third part, in every non-exempt subgrant, contract, or subcontract.
-20-
ASSURANCES AND CERTIFICATIONS
The applicant also certifies that the information in this application
is correct to the best of its knowledge and belief and the filing of
this application has been duly authorized.
City of Corpus Christi 302 S. Shoreline
(Legal Name of Applicant) (Address)
(Signature of Chief Elected
Official or His/Her Designee)
(Typed Name & Title of Chief
Elected Official or His/Her
Designee)
—21—
R. Marvin Townsend, City Manager
(Date of Application)
SPECIAL CLAUSES
1. Ct.
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to u.
o be a
ge
n
the woby within
order dscopeaofdor thisindicated contract,tin any onenor morerofmthe follke oes wing:
(1)
the work drawings,
the generalPr of
(1) drawings, designs, or specifications; (2) in the method
aofeshipmentfor Packing;
of
the work; (3) in the Government -furnished facilities; (4) method
or (5) place of delivery.
b. Any other written order or an oral order (which terms as used in this paragraph
(b) shall include direction, instruction, interpretation, or determination)'from the
Prima Sponsor's Contracting Officer, which causes any such changes as enumerated in (a above,
shall be treated as a change order under this clause: Provided, that the Conte
Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date,
circumstances, and the source of the order and that the Contractor/Subgrantee regards,
the order as a change order.
c. Except as herein provided, no order, statement, or conduct of the Prima Sponsor's
Contracting Officer shall be treated as a change under this clause or entitle the
Contractor/Subgrar:tee to an equitable adjustment hereunder.
d. If any change under this clause causes an increase or decrease' in the Contractor's/
Subgrantea's cost of, or the time required for, the performance of any part of the work
under this contract, whether or not changed by any such order, an equitable adjustment
shall be made and the contras= modified in writing accordingly: Provided, however, That
hall
e
20 daysm
mbefore terContr=_ctor/Suogranteesgivesbwrittened for noticeany costs as therein cerred required, rthan
for any requir d,And
providedons for which
he Prime
rsible,:he equitable cad ustmentse of fshalleincludeianylincreasd costtreasonablyponsor
is responsible, o. q speci-
fications. by the Contractor/SaSg_aztea in attempting to comply with such defective sp
fications.
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
.nent under this clause, he must, within 30 days after receipt of above,
a a wr,ttenmc angetorder
under (a) above or the furnishing of a written notice under (b)
Prime Sponsor's Contracting Officer a written statement setting forth the general nature
and monetary extent of such claim, unless this period is extended by the Pri) arime e.Spopsor.
the
The statement of claim madeobsoleteorbe excessLasdthe resulttofea changr e is included in the
the cost ofr? property Sponsor's Contracting Officer
Contractor's/Subgrantee4s claim for adjustment, the Prime SP -
shall have the right to prescribe the manner of disposition of such property.
f. No claim by the Contractor/Subgrantee for an equitableadjustmenthereunder shall
le e'. if asserted after final payment under this centsact.,
Failure to agree. on the teres of a:y
equitable adjustment shall be a dispute
g.
concerning a question of fact within the meaning of the clause of this contract entitled
"Disputes."
rom
h. Nothing in this clause shall excuse the Contractor/Subgrantee
f r Offroceeding
with the contract/subgrant as changed by the Prime Sp
r writing, either by (i) issuance of a written change order as described in (a) above, or
(ii) issuance of a written confirmation by the Prime Sponsor's Contracting
glOfficer
erom an
the ubgrantee
oral`tordernby theeP Prime SSponsorred 'us Contracting Officer. (b)
2. NONDISCRIMINATION
_22-
. T` is the policy of the Executive Branch of the Government that (a) contractors
and ntractors engaged. in the performance of'Federal contracts shall not, in
conn, Jn with the ecployment, advancement, or discharge of employees, or in connt_ c
with the terms, conditions, or privileges of their employment, discriminate against
persons because of their age except upon the basis of a bona fide occupational qualifi-
cation, retirement plan, or statutory requirement, and (b) that contractors and sub-
contractors, or persons acting on their behalf, shall not specify, in solicitations or
advertisements for employees to work on Government contracts, a maximum age limit for such
employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan, or statutory requirement.
3. CHILD LABOR
No trainee or enrollee under 18 years of age will be employed in any occupation
which the Secretary has found to be particularly hazardous for persons between 16 and
13 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E).
Any eligible trainees and enrollees under 17 years of age will be employed only in accor-
dance with the limitations imposed by 29 CFR Part 1500, Subpart C.
4. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The Co:tractor will not discriminate against any employee or applicant for
employment beca_se of race, color, religion, sex, or national origin. The contractor
will take affirative antic= to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demoticn, or transfer, recruitment or recruitment advertising;
layoff or termination_; rates of pay other forms of compensation; and selection for train-
ing, including apprenticeehp. The contractor agrees to post in conspicuous places,
available to employees aid ap?licants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
. (2) dna contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
.consideration for employment without regard to race, color, religion, sex, or national
origin.
(3) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided by the agency contracting officer, advising the labor union or
workers' representative'of the contractor's commitments under section 202 of Executive
Order 11246 of Septerber 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
3epta_ber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary .
♦. Lebo:.
(5) The contractor will furnish all information and reports required by Executive
Ordar 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clause
e of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
• -23-
(7) The contractor will include the provisions or para £..pn. ---__e_
very.'s
-- --
verJ.'s Ztract or purchase order unless exempted by rules, regulations, or orders of
the Sec y of Labor issued pursuant to section 204 of. Executive Order 11246 of
Septerbe_ ..4, 1965, so that such provisions will be binding upon each subcontractor o
vendor. The contractor will take such action with respect to any subcontract or punch_
order as the contracting agency may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate. required under the Fair Labor Standards Act
including any special rate provided by specification under Section 14 of the Act,as
amended in 1974, or that is applicable to enrollees or trainees, or (2) Any
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will not be terminated without prior notice to the trainee or
enrollee and reasonable opporten ty for corrections or improvement of performance and
consultation with the Contracting Officer by the training facility for substandard or
unsatisfactory p o grecs or co=duct. Termination of trainees or enrollees will be governed
by disciplinary and grievance rrocedures approved by the Contracting Officer or his duly
authorized representative: Provided, That in training facilities operating under a
collective bargaining agr2erent, disciplinary and grievance procedures provided in such
an agreement and applicable tc trainees or enrollees covered by this contract, shall govern.
7. TERMINATION
a. The pe,-=e-r:ance of work under the contract/subgrant may be terminated by the
Prime Sponsor in accordance with this clause in whole, or from tine to time in part:
(1) Whenever the Contractor/Subgrantee shall default in performance of this
contract/subgrant in accordance with its terms (including in the term "default" any
such failure by the Contractor/Subgrantee to makelprall ogress
cutthe
e sprosuchec£tion oft tie a f the work
hercundar as endangers such performance),
period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may
allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying
the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall
determine that such termination is in the best interest of the Prime Sponsor.
Any such termination shall be effected by delivery to the Contractor/Subgrantee of
a :.{o`_ee oC Terrination specifying whether ter .nation is for the default of the
contractor/Subg-'antee or for the convenience of the Prime Sponsor, the extend to which
performance of work under the contract/subgrant is terminated, and the date upon which
such termination becomes effective. If, after notice of termination
oftthithis
tcontract/ctor/
subgrant for default, under (1) above, it is determined for any reason •
Subgrantee was not in default pursuant to (1), or that the Contractor's/Subgrantee's
and wie to perform
t to nage progrnegligss in ence thepCoat actor/Subnce is granteecauses
pursu pursuantbeyond
the
provi-
and without the usefault of isgcon
,.sicns o� the clause of this contract/subgrant relating to e�,V?abanddtteyYights and
Notice
of
Termination shall be deemed to have been issued under -(2) aove,nadctreirigh.
obligations of the parties hereto shall in such event be governed
b. After receipt of a Notice of Termination and except as otherwise directed by the
Prue Sponsor's Contracting Officer, the Contractor/Subgrantee shall:
top work under the contract/subgrant on the data and to the extent specifio'
in the ce of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilit
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
Prime Sponsor's Contracting Officer, all of the right, title and interest of the
Contractor/Subgrantee under the orders or subcontracts so terminated in which case the
Prima Sponsor shall have the right, in its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
• (5) With the approval or ratification of the Prime Sponsor's Contracting Officer,
to the extent he nay require, which approval or ratification shall be final and conclusive
for all purposes of this clause, settle all outstanding liabilities and all claims arising
out of such termination of orders and subcontracts, the cast of which would be reimbursable
in whole or in part, in accordance with the provisions of this contract/subgrant.
(6) Transfer title to the Prime Sponsor (to the extent that title has not already
been transferred) and deliver in the manner, at the times, and to the extent directed by
the Priya Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination;(which,
the.completed or partially completed plans, drawings, information, and other property
if the contractisubgrant had 'seem completed, would be required to be furnished to the
Prime Sponsor, amd (iii) the jigs, dies, and fixtures, and other special tools and tooling
acquired, or rannfactured far the performance of this contract/subgrant for the cost of
which the Contractor/Subgrantee has been or will be reimbursed under this contract/
subgrant.
(7) Use his best effort: to sell, in the manner, at the times, to the extent and
at the price or :rices directed or authorized by the Prime Sponsor's Contracting Officer,
any property of the types referred to in (6) above: Provided, however, That the Contractor/
Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) nay
acquire any such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: And provided further, That the
proceeds of any such transfer or disposition shall be applied in reduction of any payments
to be made by the Prime Sponsor to the Contractor/Subgrantee under this contract/subgrant
or shall otherwise be credited to the price or cost of the work covered by this contract/
subgrant or paid in such other manner as the Prise Sponsor's Contracting Officer may direct;
(8) Complete performance of such part of the work as shall not have been terminated
by the Notice of Termination; and
•
(9) Take such action as may be necessary, or as the Prime Sponsor's Contracting
Officer may direct, for the protection and preservation of the property related to this
contract/subgrant which is in the possession of the Contractor/Subgrantee and in which
the Prime Sponsor has or may acquire an interest.
The Contractor/Subgrantee shall proceed immediately withthe performance of the
above obligations notwithstanding any delay in determining or adjusting the aaou_t of the
fez, or any item c` reimbursable cost, under this clause. At any time after expiration
of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement
Regulations (41 CFR 1-8.1), as the definition nay be amended from time to time, the
Contractor/Subgrantee may submit to the Prime Sponsor's Contracting Officer a list,
certified as to quantity and quality, of any or all items of termination Inventory not
previously disposed of, exclusive of items the disposition of which has been directed
.cr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime
Sponsor to remove such items or enter into a storage-agreement covering them. Not later
than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove
then or enter into a storage agreement covering the sane: Provided, That the list submitte•
shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of
the items or, if tha items are stored, within forty-five (45) days from the date of sub-
mission of the list, and any necessary adjustment to correct the list as submitted shall be
tide prior to final settlement. -25-
c: `er receipt of a Notice of Termination, the Contractor/Subgrantee shall submit
'to`the _ Sponsor's Contracting Officer hi's termination claim in the form and with
certifi_ _.ion prescribed by the Prime Sponsor's Contracting Officer. Such claim shag
submitted promptly but in no event later than one year from the effective date of term-
mination, unless one or more extensions in writing are granted by the Prime Sponsor's
Contracting Officer upon request of the Contractor/Subgrantee made in writing within
such one-year period or authorized extension therefo. However, if the Prime Sponsor's
Contracting Officer determines that the facts justify such action, he may receive and
act upon any such termination claim at any time after such one-year period of any extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim with-
in the time allowed, the Prime Sponsor's Contracting Officer ray, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/subgrant, determine, on the basis of information available to him, the amount,
if any, due to the Contractor/Subgrantee by reason for the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined.
d. Subject'to the provisions of paragraph (c), and subject to any review required
by the contracting agency's procedures in effect as of the date of execution of this
contract/subgrant, the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer
may agree upon the whole or any part of the amount or amounts to be paid (including an
allowance for the fee) to the Contractor/Subgrantee by reason of the total or partial
termination of work pursuant to this clause. The contract/subgrant shall be amended
accordingly, and the Contractor/Subgrantee shall be paid the agreed amount_
e. In the e-:eet of the -_lure of the Contractor/Subgraat and the Prime Sponsor's
Contracting Office: to agree im whole or in part, as provided ir. paragraph (d), as to
the amounts with respect to costs and fes, or as to the amount of the fee, to be paid
to the Contractor/Subgrantee lei connection with the termination of work pursuant to this
clause, the Prime Sponsor's C=tracting Officer shall, subject to any review required
by the contracting agency's procedures in effect as of the date of execution of this
contract/subgrztt , determine, on the basis of information available to him, the amount,
if any, due to to Contractor/Subgrantee by reason of the termination and shall pay to the
Contractor/Subgr_atee the amount determined as follows:
(1) If the settlement includes cost and fee - -
(i) There shall be included therein all costs and expenses reimbursable in
accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee
for the performance of this contract/subgrant prior to the effective date of the l;otice
of Termination, and such of these costs as may continue for a reasonable time thereafter
with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided,
however, That the Contractor/Subgrantee shall proceed as rapidly as practicable to
discontinue such costs;
(ii)°There shall be included therein so far as not included under (i) above,
_he cost of settling and paying claims arising out of the termination of work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge -
to tbs terminated portion of the contract/subgrant;.
(iii) There shall be included ;In the reasonable costs of settlement, including .
leg,I, cl•_rizzi, and other expenses reasonably necessary' for the preparation
of settlement claims and supporting data with respect to the terminated portion of the
contract./subgrant anon for the termination and settlement of subcontracts thereunder,
togethee with reasonable storage, transportation, and other costs incurred in connection
with tics protection or disposition of termination inventory: Provided, however, That if
the termination is'for default of the Contractor/Subgrantee there shall not be included
my amounts for the preparation of the Contractor's/Subgrantee's settlement proposal; and
(iv) There shall be included therein a portion of the fee payable under'the
coatrac:t/subgrant determined as follows:
(A) In the event of the termination of this contract/subgrant for the
conver.:.etce of the Prima Sponsor and not for the default of the Contractor/Subgrantee,
there shall be paid a percentage of the fee equivalent to the percentage of the com-
pletion of work contemplated by tha contract/subgrant, less fee payments previously made
hereunder; or 6 -26-
• (B) In the event of the termination of this c,ntract/subgrant for the def- 't
bf the actor/Subgrantee, the total fee payable'shall be such proportionate part
the fee , if this contract/subgrant calls for articles of different types, of such
of the fee as is reasonably allocable to the type of article under consideration) as the
total number, of articles delivered to and accepted by the Prime Sponsor bears to the total
number of articles of a like kind called for by this contract/subgrant.
If the amount determined under this subparagraph (1) is less than the
total payment, theretofore made to the Contractor/Subgrantee, the Contractor/Subgrantee
shall repay to the Prima Sponsor the excess amount.
(2) If the settlement includes only the fee, the amount thereof will be determined
in accordance with subparagraph (1) (iv), above.
f. The Contractor/Subgrantee shall have the right of appeal, under the clause of this
contract/subgrant entitled "Disputes," from any determination made by the Prime Sponsor's
Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor/
Subgrantee has failed to submit his claim within the time provided in paragraph (c) above
and has failed to request extension of such time, he shall have no such right of appeal.
In any case where the Prime Sponsor's Contracting Officer has made a determination of the
amount due under paragraph.(c) or (e) above, the Prime Sponsor shall pay to the Contractor/
Subgrantee the following:' •(1) if there is no right of appeal hereunder or if no timely
appeal has bean taken, the•anount 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 anc:_t due the Contractor/Subgrantee under this clause there •
shall be deducted (1) all u*_'-i:-idated advance or other payments theretofore made to the
Contractor/Subgrantee, applicable to the terminated portion of this contract/subgrant, (2)
any claim which the Priea Spoeaer may have against the Contractor/Subgrantee in connection
with this contract/subgrane, and (3) the agreed price for, or the proceeds of sale of,
any materials, supplies, or other things acquired by the Contractor/Subgrantee or sold
pursuaat to the provisions of this clause and not otherwise received by or credited to the
Prime Sponsor.
h. In the event of a partial termination, the portion of the fee which is payable
with respect to the work under tha continued portion of the contract/subgrant shall be
equitably adjusts; by agreement between the Contractor/Subgrantee and the Prima -Sponsor's
Contracting Officer, and such adjustment shall be evidenced by an amendment to this
contract/subgrant.
i. The Prima Sponsor may from time to time, under such terms and conditions as it
nay prescribe, rake partials payments and payments on account against costs incurred by
the Contractor/Subgrantee in connection with the tereleated portion of the contract/
sebgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate
of such payments shall be within the amount to which the Contractor/Subgrantee will be
titl?d `-creunder. If the total of such payments is in excess of the amount finally
_ . to beaue
ua3or•thie clause, such excess snail be payable by the Contractor/
_ _bgr•x._t =e to thePr___ Spoasor upon demand together with interest computed at the rat_
of
6 percent per annum, for the period from the date such excess payment is received by the
Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor:
Provided, however, That no -interest shall be charged with respect to any such.excess
payment attributable to a reduction in the Contractor's/Subgrantee's claim by reason of
retention or other disposition of termination inventory until ten days after the date of
such retention or disposition, or such later date as determined by the Prime Sponsor's
Contrartir_g Officer by reason of the circumstances.
(,j) The provisions of this clause' relating to the fee shall be inapplicable if.
this contract/subgrant floes not provide for payment of a fee.
3. TERMINATION FOR CONVENIENCE
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The ^rovisions set forth in this clause 9b shall gov:rn in lieu of clause 9a snouta
this cc t/subgrant be for experimental developmental or research work And the
Contrac ubgrantee is an educational institution'or other nonprofit institution on
no-fee or no-profit basis.
a. The performance of work under this contract/subgrant may be terminated, in whole
or from time to time in part by the Prime Sponsor whenever for any reason the Prime
Sponsor's Contracting Officer shall determine that such termination is in the best interest
of the Prime Sponsor. Termination of work hereunder shall be effected by delivery to the
Contractor/Subgrantee of a Notice of Termination specifying the extent to which perfor-
mance of work under the contract/subgrant is terminated-and the date upon which such term-
ir,ation becomes effective.
b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel
his outstanding commitments hereunder covering the procurement of materials, supplies,
equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise
all reasonable diligence to accomplish the cancellation or diversion of his outstanding
coeeitments covering personal services and extending beyond the date of such termination
to the extent that they relate to the performance of any work terminated by the notice.
With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle
all outstanding liabilitiea and all claims arising out of such cancellation of commitments,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
claw, and (2) assign to the ?r=te Sponsor, in the manner at the time, and to the extent
directed by the ?rime Sponsor's-00nttacting Officer, all of tha right, title, and inter -
est of the Contractor/Subgrantee under the orders and subcontracts so terminated, in
which case the Prime Sponsor nhall have the right, in its discretion, to settle or pay
any or all clams arising out a the termination of such orders and subcontracts.
c. The Contractor/Subgrantee shall submit his termination claim to the Prime
Sponsor's Contracting Office: promptly after receipt of a Notice of Termination, but in
no event later than one year from the effective date thereof, unless one or more exten-
sions in writing are grantee by the Prime Sponsor's Contracting Officer upon written
request of the Contractor/Suberantee within such one-year period or authorized extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim within
the tine allowed, the Prime Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/st3grant, determine, on the basis of information available to hiss, the amount,
if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined.
d. Any determination of costs under paragraph (c) shall be governed by the cost
principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/
subgrant.
a. 5 abject to the previsions of paragraph (c)
above, and subject to any review required
the ?__me Sponsor's contracting agency's procedures in effect as of the date of execution
of this
o:tract/scbgrast the Contractor/Subgrantee and the Prime Sponsor's Contracting
Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor/Subgrantee by reason of the termination under this clause, which amount or
amounts nay include any reasonable cancellation charges thereby incurred bytherCintractor/
Subgrantee and any reasonable loss upon outstanding commitments for personal
which he is unable to cancel: Provided, however, That in connection with any outstanding
rcostren_s 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
arandneot to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
-28-
f, -.Prime Sponsor may from time to time, under su_n term. heContractbr/Subgrantee
zY'P
,.r e, make partial payments against costs incurred by
in coat on with the terminated portion of this contract/subgrant wheneSer, in. the
opinion of the Prime Sponsor's Contracting Officer, the aggre gate of such payr.•ents is
reed or determined to be due
within the amount to which the Contractor/Subgrantee will be entitled hereunder. I
total of such payments is in excess of the amount finally lynagreedrrudeter in too b
under this clause, such excess shall be payable by
Prime Sponsor upon demand: Provided, That if such excess ito the Prime man ats not so paid uponn demand,
interest thereon shall be payable by the Contractor/Subgrantee
d.
the rate of 6 percent per annum, beginning 30 days from the date of such demanor and
e
g. The Contractor/Subgrantee agrees to transfer title to the Prime by the
deliver in the manner, at tContracting
tie, and to the such informationtandfitems which, if the contract/
Prime Sponsor's be nocompleted Officer,
partially completed plans, drawings, and information;
subgrant had been completed, would have been required to be furnished to the, z me
and
including: (1) pme Completed ouc p Y in connection With the
and (2) ;aterials or equipmznt'produced or in process or acquired
performance of the work terminated by the notice. Other than the anytermination
written
above,
inventory resulting from the termination of the contract/subgrtmay, with the approval of the Prime Sponsor's Contracting Officer, be sold or acquired the Contractor/
approved by theby
Subgrantee ender the conditions prescribed by and at a price or pricesoved
e
Prime Sponsor's Contracting Officer. The Proceeds of any
yisuchSdisposition shall
Ca 3-beton/
p lied in reduction of any pay snts to be made by price or b ;-•�ogrant or shall otherwise be credited to the p
Sostrofwo under this yathisc_c paid in such other -manner as the Prime
this act nub rant or osition of property arising
S
Spot or work cot iti by f _- =may: - $final diva
'z Officer may direct. Pending
fromsthe eonire-io $
be
direct, for the protection
from:the termination, the Ca..:===or/Subgrart ee agrees to take such action as may
necessary, or as the Prime Sprso_'s Contracting Officer may ianc which is in the •
and preservation of the prclot!
related to this contract/sub$ wire
possession of t[:s.Contractar!S=grantee and in which the Prima Sponsor has or may ac
an interest.
9. COISTRUCTI03:.'?D BUILDING :L 1LITATION
The subcontractor shall not expend Federal funds for construction and building
.rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any
projects approved by the Department of Labor and the Prime Sponsor
shal bnstrue
ered
under the guidelines of A-102 and parts of Paragraph IV, applicable
procurement.
LISTI::G OF E?PLOYME I OPENINGS
(finis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500
or =ore.) a^t o=
n. the
. isabled.v: erans;, i
a order to provide spacial emphasis tato suitable e: employment
"..es
veterans veterans of the vietns the era,
of this and
-contract
• --•"-- which exist at the time of these not generated
] ci one r wring
at an establishment other than the on e
t ase ::i,ich occur during the performance of tiers contract, including
ng
w this the cont and is being erfthooe oedcbrtiex
:herein the contract is being performed but excluding those f localloffice of the
corporate affiliates, shall be offered for listing at an appropriate
Soap_ -exp stem wherein the opening occurs and to provirequired:reports
State h=localeof ice rt system and hires as ray
Pvide local office regardingnemployment openings
paragraphs (c) and (d) are -not required.
r Provided, That if this contract is for less than $IO;OOD or if it with a State: or local
no1er;;ne;L the reports set forth in p pursuant to this
p
with the use of any other recruitment service
b. Listing of employment openings with the employment service systemof a bona
clause;hail be trade at least concurrently lacing
or effcrt and Shall involve the Corral obligations which attach to the p
fide j„ti order, including the acceptance9referrals of veterans and nonveterans.
This lis"ng of employment openings does not require the hiring of any particular job
appl:icz from any particular group of job.applicants, and nothing herein is intend '
to reli _he Contractor from any requirements in any statutes, Executive'orders, or
regulations regarding nondiscrimination in -employment.
c. The reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall maintain copies of the reports submitted
until the expiration of l year after final payment under the contract, during which time
they shall be made available, upon request, for examination by any authorized represent-
atives of the Contracting Officer or the Secretary of Labor.
d. Whenever the Contractor becomes contractually bound by the listing provisions of
this clause, he shall advise.the employment service system in each State wherein he has
establishments of the name and location of each such establishment in the State. As long
as the contractor is contractually bound to these provisions and bas so advised the State
employment system, there is no need to advise the State system of subsequent contracts.
The Contractor ray advisee the State system when it is no longer bound by this contract
clause.
e. This clause does not apply to the listing of employment openings which occur and
are filed outside of the 50 ;.stns; the District of Columbia, the Commonwealth of Puerto
Pico, Guam, and the Virgin Islands.
f. This clause does not apply to openings which the Contractor proposes to fill from
within his own o=ganization or to fill pursuant to a customary and traditional employer -
union hiring arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of his own organization or employer -
union arrangene_- for that opening.
g. As used in this clause: (1) "All suitable employment openings" includes, but is
not limited to, openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory and noasupervisory;
technical; and executive, administrative, and professional openings which are compensated
on a salary basis of lesstthan $18,000 per year. The term includes full-time employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
^) : ?_;ropriate o`=ic-_ of the State employment service system" means the local office
r'b
-acetal-.,�ac� national with signed responsi-
bility
'est:.. o£ public employment offices as
for serving the area of :file establishment where the employment opening isr o be
filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliatea, -sub
si.d<_aries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employment openings for.which no consideration will be
given to persons outside of a special.hiring arrangement, including openings which the
Contractor proposes to fill from union halls, which is part of the customary and tradi-
-tionel hiring relationship which exists between the Contractor and representatives of his
employees.
-30-
administered by the Veterans Administration for a disability rated at 30 percentum or more,
,or„a,t 1 whose discharge. or release from active, duty was for a disability incurree
aggrat in line of duty. (6) "Veteran of the Vietnam era” means a person (A) wb
(i) ser.,d on active duty with the Armed Forces for a period of more than 180 days, _
part of which occurred after August 5, 1964, and was discharged or released therefrom with
other than a dishonorable discharge, or (ii) was discharged or released from active duty for
service connected disability if any part of such duty was performed after August 5, 1964,
and (8) who was so discharged or released within the 48 months preceding his application
for employment covered by this clause.
h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comply with the provisions of
this contract clause relating to giving special emphasis in employment to veterans, such
veteran nay file a complaint with the veterans' employment representative at a local State
employment service office who will attempt to informally resolve the complaint and then
refer the complaint with a report on the attempt to resolve the matter to the State office
of the Veterans' Employment Service of the Department of Labor. Such complaint shall then
be promptly referred through the Assistant Regional Director for Manpower to the Secretary
of Labor who shall investigate such tomplaint and shall take such action thereon as the
facts and circumstances warrant consistent with the terms of this contract and the laws
and regulations applicable thereto.
i. The Contractor agrees to place this clause (excluding this paragraph (i) in any
subcontract discrly under t,_ contract.
11. DEVIATIONS
Under the =cr.: coapelli ; circumstances such as situations where the needs of the
Government cannot reasonably be otherwise supplied, where listing of employment openings
would be contrar7 to national security, or where the requirement of listing would other-
wise not be in the best interests of the Government, a deviation from this subpart may be
rade, subject tohs approval of the Secretary of Labor. Requests for any such deviations
shall be addressed to the Assistant Regional Director for Manpower, U. S. Department of
Labor, Employment and Training Administration, 555 Griffin Square Building, Griffin and
Young Streets, .0.11s, Texas 75202, wherein the contract is to be signed, and shall set
forth the reasons for the request.
12. DISPUTES
a. Except as otherwise provided in the contract/subgrant, any dispute concerning a
question of fact arising vnder this contract/subgrant which is not disposed of by agree-
ment shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his
:ecisior to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and
csnc..:s e unless within 30 days from the date of receipt of such copy, the Contractor/
,,::,r,-•t.ee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer,
appeal ad'res_ed to the Prime Sponsor. The decision of the Prime Sponsor's
Contracring Officer for the determination of such appeals shall be final and conclusive
unless determined by a court of competent jurisdiction to have been fraudulent, or capri-
cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not •
.supported by substantial evidence. In connection with any appeal proceeding under this
clause, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer
ience in support of its appeal. Pending final decision of a dispute hereunder, the
Ccnircctor/Subgrantee shall proceed diligently with the performance of the coatract/
subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
connec='_cn with decisions provided for in paragraph (a) above:
-31-
rovid-_Z, That nothing in this contract/subgrant shall be construed as making final the
ny administrative official, representative, or board on a question of law
.3. SUEC0.,.,,ACTING
The subcontractor shall obtain written consent of the Prime Sponsor prior to sub-
.cntracting any parts of this agreement. The Contracting Officer may, in his decretion,
-atify in writing any such subcontract; such action shall constitute the consent of the
:oatracting Officer as required by this paragraph.
4. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in writing of
-y actions or suits filed and prompt notices of any claims made against the Prime
'onsor, the subcontractor, or any of the parties involved in the implementation and
Idministration of the CETA Program.
ORDER OE PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
=less otherwise provided, thereon,the inconsistencies shall be resolved by giving
;_ecedsnce in the following order: (1) The Ant (Public Law 93-203, 87 Stat. 839) (2)
e regulations as approved by the Secretary of Labor (3) Special Clauses (4) FITC 74-7
'5) FMC 74-4 (6) The Coapre srsive Hanpower Plan as stated in the grant as applicable
.) each title. -
Motions passed by the Consurriun Executive Board:
June 13, 1974 - Each progz.:.. that is approved have an approved wage scale derived
_on a co-?reheasive wage study conducted in their areas, and an approved Affirmative
-tioa Plan. .
June 17, 1974 - Out -of -area travel for each program not exceed $25 per day.
June 2, 1975 - No contractor exceed 17% for administrative cost and A11 out -of-
-_ea travel for any program have clearance by the staff.
September 22, 1977 - Allowance of up to 18c per mile for travel. Per diem rates for out
f town travel be established at a level equal to Federal per diem rates for all non-profit
.3encies. Governmental agencies shall pay travel expenses consistent with the policies
-.:proved by the respective governing bodies.
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AVAILABILITY OF FUNDS CLAUSE
The prime sponsor's obligation hereunder is contingent upon the availability
of appropriated funds from which payment for the contract purposes can be made.
No legal liability on the part of the prime sponsor for payment of any money
shall arise unless and until funds are made available to the prime sponsor for
this procurement and notice of such availability, to be confirmed in writing
by the prime sponsor's Contracting Officer, is given to the contractor.
This request does not commit the prime sponsor to pay for costs incurred in
the submission of a proposal or for any costs incurred prior to the execution
of a formal contract unless such costs are specifically authorized in writing
by the prime sponsor's Contracting Officer.
l
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CERTIFICATION
FOR
CASH DEPOSITORIES
FM 74-7 ATTACHMENT A - Paragraph 3
The undersigned hereby certify that:
"Any moneys advanced to the State or local governments which are determined
to be public moneys (owned by the Federal Government) must be deposited in
a bank with FDIC insurance coverage and the balances exceeding the FDIC
coverage must be collaterally secure, as provided for in 12 U.S.C. 265.
Bank Name
Name City of Corpus Christi
302 S. Shoreline
(Signature) (Signature)
(Date) (Date)
R. Marvin Townsend
(Type Name)
(Title)
(Type Name)
City Manager
(Title)
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A(,KGEMENT FOR SPECIAL BANK ACCOUNT
The City of Corpus Christi
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and Corpus Christi National Bank
located at 502 N. Water
, 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 established
at the Bank, designated'.as the " 101 Combined Fund
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 responsiblefor the application of funds withdrawn from the account.
4. The Program Agent shall have a lien upon 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 party 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 purposed, 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.
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•
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 depositary of public money and to
deposit satisfactory security by the deposit of United States
bonds or otherwise, for the safekeeping and prompt payment of
the aforesaid public moneys as required by the regulation of the
Secretary of'the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed as of the last day of signing set forth below.
BANK USE
BANK COLLATERAL
BANK NAME
BANK COLLATERAL.required, based upon
estimated maximum bank balance, (excludit
FDIC coverage of $40,000, is
$
SIGNATURE
DATE
CONTRACTOR USE
TYPE NAME
TITLE
ADMINISTRATIVE UNIT
CONTRACTOR'S NAME
City of Corpus Christi
SIGNATURE
DATE
SIGNATURE
DATE
TYPE NAPE
TYPE NAME
R. Marvin Townsend
TITLE
TITLE
City Manager
-36-
g
Cv �
AUTHORIZATION FOR ADVANCE PAYMENT
An .initial advance payment to the contractor in the sum of
is hereby authorized.
Subsequent payment must be requisitioned monthly on a form prescribed by the
Administrative Unit in conformance with federal requirements as outlined in the
Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and
Training Act of 1973.
Such payments will be made based upon the monthly submission of financial
reports and cash requisitions to the Administrative Unit documenting prior expen-
ditures and anticipated expenditures for a period not to exceed 45 days, the first
day of which shall be the first day of the month in which the report is due.
All initial and subsequent advance payments will be made without interest.
-The contracting officer hereby determines that the making of such advance payments
without interest is in the public interest.
-37-
CERTIFICATION OF ACCOUNTABILITY
Under the provision of the Comprehensive Employment and Training Act of 1973,
the Secretary of Labor has the responsibility of requiring that Contractors receiv-
ing Federal Funds under the Act maintain financial records to fully account and
control such funds. To provide the Secretary of Labor with the necessary infor-
mation, the following items of information are to be completed and submitted with
the Contract.
1. Name, Title, & Organization of Chief
Financial Officer
Check if one has not been appointed
or designated.
Harold Zick
Director of Finance
2. Will the Accounting System be
directly maintained by you?
Yes1I No (If No, who will
I maintain the account-
ing system?
X
Name and Address
3. Are you familiar with the Department of Labor Audit Requirements?
X I Yes
No
4. Description of your Financial Accounting System (Indicate whether the system is
manual or automated and describe how it will meet the record keeping, reporting,
and accounting requirements of the Manpower Administration.)
Same as Administrative Unit
USE CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is
correct and complete.
Name and Title of Authorized Official Telephone No. and Area Code
R. Marvin Townsend, City Manager
Signature
Date of Execution
-38-
BONDING REQUIREMENTS
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond covering those persons.
Same as Administrative Unit
-39-,
INSURANCE REQUIREMENTS
Copy of workmen's compensation policy
including persons covered or similar
type of insurance for same purpose.
All CETA employees will be covered
by the City of Corpus Christi
workmen's compensation policy.
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