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HomeMy WebLinkAbout15143 ORD - 09/26/1979jkh:9-25-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND RELATED DOCUMENTS WITH THE FOLLOWING: 1. Calallen Independent School District 2. Del Mar College 3. Flour Bluff Independent School District 4. Lulac Educational Service Center 5. Nueces County Community Action Agency 6. West Oso Independent School District TO PROVIDE 31 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE II -D OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT FROM OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS, A COPY OF EACH IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AND MARKED EXHIBITS "A" THROUGH "F" AND MADE A PART HEREOF; 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 authorized to execute contracts and related documents with the following: 1. Calallen Independent School District 2. Del Mar College 3. Flour Bluff Independent School District 4. Lulac Educational Service Center 5. Nueces County Community Action Agency 6. West Oso Independent School District to provide 31 public service employment positions under Title II -D of the Comprehensive Employment and Training Act from October 1, 1979 through September 30, 1980, all as more fully set forth in the contracts, copies of which in substantially the same form are attached hereto and made a part hereof, marked Exhibits "A" through "F". SECTION 2. The necessity to authorize execution of the aforesaid documents and contracts at the earliest practicable date to provide additional public service employment positions creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction 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 1514_3 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 jig day of September, 1979. ATTEST: Secreta y 1e 42)9 MAY APPROVED: 25th DAY OF SEPTEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY THE " TY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 14y day of p/y__,. , 19/9 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. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYO was suspended THE C Y OF CORPUS CHRISTI, TEXAS by the following vote: 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 following vote: 15143 CONTRA("" SIGNATURE °BET CONTRACT NUMBER MODIFICATION NUMBER PROGRA» ..GENT: C1 y.or s Christi CONTRACTOR: Calallen Independent School Dis,..at P.O. Box 927/ 4602 Cornett Oriyerive 78410 This contract is entered into by the City of Corpus Christi herein after referred to as Program Agent and Calallen ISD , 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 32 pages, including this page, and, such other provisions and documents as are included herein. Contractor hereby agrees that he has read this Contract and will abide by all terms fled herein and also certifies that the information in this Cnntract is correct to the of his knowledge and belief and this Contract has been fully authorized. Funds hereby nk:obligated are subject to the availability clause. 'UONTRACT PERIOD : This contract covers the period (date) from October 1 1979 to r.B y1 MODIFICATION : This action increases decreases _ does not change the Prime Sponsor obligation for this contract by (this action) $ C. OBLIGATION : to (new level) TITLE • SII -D FISCAL YEAR TOTAL $ 28,600 . FY R0 FY FY $ 28,600 Total $ 28,600 t 28 6nn APPROVED FOR THE PRIME SPONSOR DAY OF BY: R. Marvin Townsend City Manager (Prime Sponsor Use Only) APPROVED: DAY OF Director of Finance ATTEST: City Secretary APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature) Clyde C. Teague. SupprintPndent Name and Title C�\ 3APPROVED: DAY of City Attorney ,6)(y %9y PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number 65. Special Project positions will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. D. The contractor agrees to adhere to the average annualwage of $7,110 as mandated by Issuance No. 92-79, dated May 29, 1979. -2- PSE PROGRAM SUMMARY i • ` I 2. CONTRACT NUMB] 1. CONTRACTOR LIAISON OFFICIAL Richard Morgan 3. Titie-II-D DISTRIBUTION OF FUNDS AND JOBS 4. CONTRACTOR 5. TYPE OF UNIT 6. AREA SERVED 7. POPULATION 8.NO. OF JOBS 9. FUNDS Calallen ISD School District City of Cor- pus Christi 4 T $ 28,600 10. TOTAL 11. OTHER ACTIVITIES 12. TOTAL 4 $ 28,600 $ 28,600 -3- (1) (2) r P :UPATIONAL SUMMARY Contractor: Calallen ISD 4602 Cornett Drive Corpus Christi, Tecas ,0410 OCCUPATIONAL TITLE BY EMPLOYING AGENCY NUMBER OF JOBS CETA NO. WAGE RATE JOB DURATION TOTAL WAGES (A) (B) (C) (I1) (E) Non -Project Title II -D Positions 4 559 48 $ 26,832 Clerk 3.23 p/h TOTAL • 4 --- - $ 26,832 FRINGE BENEFITS • $ Sub -total fringe benefits 808 960 1,768 1. FICA 2. Workmen's Compensation @3% 3. Other (Specify) Insurance $240 per employee 4. Other (Specify) 5. Other (Specify) TOTAL $ 8.600 -4- 11. 1. hIa'A Il'1 AIEN'1'(> 1 .AIWA • Employ moll 41t1ulnlnt A.l"d"1,lUatlua 1 -" LUN I KAU'r NUMI31R P S I OCCUPATIONAL SUMMARY , NAME AND ADOness Or .CONTRACTOR Calallen Independent School District 4602 Cornett Drive Corpus Christi, Texas '78410 4. PAOGIAM AGENT, EMPLOYING AGENCY AND POSITION TITLE 3. TYPE OF PnOOHAM I"x" apProprlale IIYX(erl/ a. CX1 II • D b. ❑ VI c. Q Spode! Goverttor'I' d. q Qatar (specs/Y) ,,,. NO. OF JOGS , COMPAnADLE WAGE ANNUALIZED CETA WAGE • NON•CETA SUPPLEMENTATION OF WAGE/SALARY ('CRSOONY AnS gMPLOYMENT PLANNED TOTAL ANNUALIZED WAGES (A) 1a) ` -Y 1C) 14) (01 1F) Sub -Contractor Calallen Independent School District 'Non -Project Positions Positions Created Prior to 10/01/79 Clerk 3.23 p/h Positions Created On or After 10/01/79 • • Clerk . 3.23 p/h 3 1 $ 6,708. • 6;708 •0 •0 . 1 • $ 6,708 • 6,708 • G. TOTAL 4 4 a' CONTRACTOR'S NAME AND ADDRESS Calallen ISD 4602 Cornett ,Drive Corpus Christi, Texas' 7$410 11.0, 117t1'ra li'I 011th 1. 110 I.A 111)11 Pmpinynn•nt and 1 trinlnp A,Luluklrnihut CETA PROGRAM PLANNING SUMMARY b. CONTRACT NUMBER F0I IICOIONAI OFFICE USE ONLY 1' 0 12 1 S S 8 c. GRANT YEAR Prom October 1, 1979 d. TYPE or PRoOnAhs I, C1 TISI° Jt We 5, °Title VII 2.' 6 Rua n D 6, ° Admin. Cost • To ' • 1, 01 nil )tI snooty September 30 1980 • • 4. ::1 -tile VI 7. 0 Other Ser. It A INST� UCTIONS FOIL COMPLETING SECTIONS 1, II, AN; Ill g CUNT PIACI ICCY t, G0. UATC (Tom! Enrollments 1s the mm of 11.1 and A,1. D Total Trrminallonr Is the rum of D.1 through ti 11.1 C (Planned Enrdllmenls) It A•minut U. z fir, os d Sec. Ili Enter by lino (a) Enrollment) In each program nth/11y In through the grant year, and in line VI is u? ,i up 0 0 (b) the number of participants planned to be enrolled In each program activity at the end of each ,L L V V 2 ram 00 YY O quarter; partldpenls who art contvrrrttlly enrolled In more than one activlty Mould be oountrd In each activity In which they are enrolled. �J � See. Int Inter the cumutative number of participants In each ae)menl to be enrolled durlrel the gine yew. 0 0 to 1112 la(11 Is 1oL71r Ie JcilJyJ:"72s1N24n7c Particlpanlr should be counted In a many algnIllcant segment groups an are applicable. • 1. ENROLLMCNT AND TERMINATION SUMOARY - • GRANT YEAR•TO.OATE PLAN • ' r. RCr01iT 0 PC 11100 A. TOTAL rNPIOLL• MF.Ni5 1. Cnro11• meals 1101x;_ 0. TOTAL 2• Parllel• TERMINAL nanll Gnh1 TIONS O.•er�F 1. Cniar6ta Cniuyn4 a. Olreet /Untie. b. Indirect incmlf. e. Obtained EnSnoymai' 7. Olney Pulllva ]. MI... pod.Ivo C. PLANNCO OVrl0LLI.lIN1. tend of envfiv „ a 1'1• - 1. _.. _....._ ;.r_ r 4!�'!i jj 1 2 7 ,..9 .. 6. ... ___0 _. 2O �.•.. .�._0••_•_ __. 0 .. 0... 1 ... 1., ..... 4 br. :•:' •,, :e: t: •;/;:; •,•t o a ,, 0 7 0 3 0 0 0• 0 1 • 2 4 r1 ' 'r or, La 9 9 0 5 1 Q 1 0 • ppc ! • .� �x 11 1 �. O �1 j1 _3 ___4___ .'1 117 J 1 24 ' ]l J0' al' . 401 ., .. •--�-T•• 0 I al.. a' . 63. ,i • r 1.4 ‘(1'71 7 11. PLAN? a EO CNIIOLLMI:N IS IN I'1I0011AM ACTIVITIES 1V, 0111L11 ACTIVITIES • A 1 0 C 0 0 (nnrnrnnce IIPI • 0l.A9sro0M Tl iIruNC On•On••Job Pub. sarvk.. work Indlcalt r F.+-._ , rthm :Frau. Voc. o. 7'r:ln1n1 0'',°,1 Crl,lonco outer activities or Incelei program) on attach. MUM, 17merich tbrlr lwe and 1111 _. n •.. _._.-. _gym.• ,1 Totr1 Enrollments ., ., I 2 7 ca . _ _ ,�..—,t,-.,,, _ 6• ""''.•.,, en , nn' ar nl In toward their achievement In a elum.0411re or narrative L 3 01 Currently Cnrnliod 1 ,_!_2 4 prvemnnlion, 0 2 21 Tole( Cnront...Ms 11 a 8 n 7 • . r 3 bl Currently Enrolled 0 D 4 0 2 a1 Total Enrollments u e S D ' O 7 0) Currently r-nrmlod 0 0 f1 o ^.4.__ 4 • O 2 t1 Total Enrollments 0 0 13 0 • O 3 0) Curren0y 00,0)704 0 9 BD _LI.- /1 • 1 21 . ••• .', 1•,..i ,. 2)2.)7:2,2,20 _ 31 30 r91 Jl 1d III. SIGNIFICANT SEGMENTS GRANT VC/W.TO41A TE PLAN GRANT Yr:A11.TO.f7ATC PLAN sio NIr ICANT17/11 SEGMENTS J/al f./J0 7/711 SIGNIFICANT 12/J 1 a/al n/70 7/10 tai Ibl lc) Id) SCGMCNI5 I11 Ib) e 101 AEcon. Disad 6.... 9 — r _ 11. f.._...,.._.......,,._ • n Urlemp 10/12 G c 1-1 O r 1 CONTRACTOR'S NAM AND ADDRESrS Calallen Independent School District 4602 Cornett Drive Corpus Christi, Texas 78410 0,2, luentrT.ILNT ar 1,5001) 2:11.ployme11 raid T'ralnl ig Adndul.lr.11an IIUNOET lNFOf1MATi0N SUMMARY October 1, 1979 -September 30, 1980 O. P0n 000IOUAL OFFICE USE ONLY 'la IU 1. 1 0 2 0 3 C01`7TOIACT Ic1:Y aux M012. DATE AIM 1105 YY 2 0 7 e 0 10 11 12 13 N 15 10 17 IS 10 20 21 22 23 2A 25 1. 011Ar(T 1'110[111AM F1111CT ION 011 ACTIVITY .ra ' 1. Adminb1(1110tl 1. Allowanc.r 3. W.gel I. )'ting. lla:te(II) S. Training •� 1 7. Tottl, 2 2/121 20 20 30 C. L000001T GUMMAIIY COST CATL'00111ES EST MA1C1.3 Ur1CHI CNI5C13 rurlus II' CONTRACT NUMBER C. TYI'C OF Pn0011AM 1: L/ Title II -D&C 2: L17 Title II -D 3. L/ Title ITx - Speclfy 4. L; Title VI 5. [/'Title VII 6. L/ Admin. Cost 7. Q Other T. CIIMULATI VC (1 UAfIT E(1 LY PD0101: IONS I 2 11 i• I; Of 001L ICA T CMS AND EXI'CNDITI 2112/21 Y1 oo —7 _ --7 -I— 2G 3 $ 14,298 1 2 U 3 3 IIT 0 (Fri! (lunr(nr fud10)) <r 2.1221221. 2( 21 2G $ 21,447 1 2 O 5 r 3 35 ' 2) -- ;.1..13.�..l -- 20 28,600 • I. r,Irre sponsor ObIlq,Dont 2 0 'I h i; .j. . 5r' Ji '.;11 ;ft q I 2 n— ] 3 35 44 51 62. , , 22 21 2a 2. 20 20 $ 7,150 0. Toll Ptoleclell Expenl:lurei by Pregrltn 7 150 '3: 14,298 ft .`' 35 44 53 67 71 3 3 S 35 44 53 (1 '71 21,447 ET T 28,600 a. CU,conm Traluing, Mtn* Spnntor •i, �7 }$ ;tt' s! i: _ 0 2 (1 T. Ti t.'� t: i, ; 1' .; r. •j1 i'1 'L �Y .2 `I 2 Il . ji r� i• 44 53 b. On tbeJnl, TtaIn1, 5'1 „'0j e, Public Service F.rnployrnenl '7,150 61 14;298 21,447 1: 62 28,600 d. )Yolk Expetlauea 11 3 T IL 71 ��. t{' n���1r� fi1t��1t 1T1S�0,�'",7�1��� 2"d.' li .:fa1207Lll'C11 a A 0'' :j' 71 1, Scrvlcc, to (articlpanll 2c 1; :(1• .r f(� ., \\��7�t;r _ lith .,L S , —TT'1{''�2,,YYl177yi'jj1P',,(( .t MP 2G113'.it9.irtiY AMM P 1 2 Ti T. T '�, L. Y�• j' al ,12 ' 3 4 30 44 51 7, (�yT71')''(7T; T;"7 2G G'1 1,' 7k[y3211L'i:'i: r•''�7 f. onrcr ActIvhleo 1 it j1: 4, 1 . )) i(. .) 1': ., 3 3.i 15 j • 30 1. 1.1Cleeted Cxpe ndlirue1 for Vne.11ona1 Cd, bt Speclal 0/1011 to Ooventott I. I'tideef.d I xi...Nnuet rat Howl -W. Yumlr co.,,I'nl. 1'un 11 Elul In f•t tole :poo. f2ad i:...10 •r..i3O - r,.,;.,ie.t r.l.e.,,rt.,:e, ..... �.) .'1 '. i' 'y. ''t1r e if, :' _— _—V R 90 Gran 53 6: 71 • I—'_»"�� : C.7 1Gn 'j• (t .i Y, '' 53 -•-- f1 —•--- 71 2 1/1 900 •'--_ C 91 nn7 1.5.. :SPA kph 7.9•41'63 LAB.° :mWoymwrt..00 TraMirr, Aominl,rr,U.n CETA MON iELY SC W.UULE OMB APPoroM No_ 4.4-1:13.0.55 • L CONTRACT NUtiIRER D_ TYP2OP PROGRAM ('X pro) f711 -n (3 v1 O 59.:c1crlot to cos.rno.. CONTRACTOR'S NAME AND ADDRESS Calallen Independent School District 4602 Cornett Drive Corpus Christi, Texas 78410 - PO. R601OMAt_OY)•)CY UaXOML.Y CONTRACT x.2, 6U t Lf Cf 1 S 41 1 I 1 I .1 1 1 1 i 11A 6 17 a 19110111,12113114419` 39117/ lata:422 w K F" t a- O • - -_.1I" . -• . • 1_-MOMft EVD Of HOMTI+ .' - 1a�e+alZ • 11 i. Pa Oa _. -. .-.-_.- .-_ • 11 PtAHMED CLARENr 1 _- _•. .... ENROLLt.1S*T - :7-J CJ CUHULATIV" ' aeras %II l• 13401.(72-_13401.(72-_13401.(72-_,_- Mon -Project Jobs 1 Projects 1 3 .22 _ 29 4 _1. 0 36 I $ 2:383 . el t: 1 1i )7 19 4' 0 . 4,766 -j='-'-- Cf ' _,,,_ 1 1 2 17 19 . " 4 0 7,150 • 0 I T 18 10 4 0. - 1Q.432 - .y�.r_ C o 1 2 18 10 4 0 11, 915 . 0 1 3 18 10 4 • Q • 14,298 0 14 18 10 • 4 • -0 16.681 - -:s. y._....gttr - 1 _ e'= k 0 I 5 I8 10 4 0' 19,064 - 0 1 6 18-10 .4 • - 0 . 21,447 ', x . 0 1 7 (8 10 4 . 0 23,830 A 0 1 8 18 10 • 4 0 26,213 0 1 9 18 10 0 • 0 $ 28 600 - 1 1 I• 1i - 1 1 1 ETA 22029 (APP: 1979) _8_ CONTRACT NO. STANDARDS OF PERFORMANCE The Calallen Independent School District will perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employment and Training Act of 1973 and its amendments as published in the Federal Register, Tuesday, April 3, 1979, Volume 44, Number 65. The program agent 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. —9— 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. J -10- 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 States shall on the grounds of race, color, sex, from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for Federal financial assistance and will to effectuate this agreement. c. It will comply with Title VI 2000d) prohibiting employment discri i Act no person in the United or national origin, be excluded subjected to which the applicant received immediately take any measures necessary of the Civil Rights Act of 1964, (42 -USC mnation where (1) a grant is to provide employment or (2) discriminatory will result in unequal treatment of persons who are or 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. the primary purpose of employment practices should be benefiting -11- 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. -12- ASSURANCES AND CERTIFICATION! The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Calallen Independent School District _4602 Cornett Drive fnrnuc rhricti Tx 78401 . Legal Name of Applicant Address Clyde Teague, Superintendent Signature of Authorized Officer Typed Name & Title of Authorized Officer October 1, 1979 Date of Application -13- �NGES • The Prime Sponsor's Contracting Officer ray, at any time, without notice he sureties, by written order designated or indicated to be a change order, make chanties 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 Covernmant-furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation. or determination) from the Prise Sponsor's Contracting Officer, which causes any such changes as enumerated in (a)abc shall be treated as a change order under this clause: Provided, that the Contractor/ 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': 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 Contractor Subgrantee's cost ef, 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 contracr nodified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more tha 20 days be£ore•the Contractor/Subgrantee gives written notice as therein required, And provided further, -,That in the case of defective specifications for which the Prime Spons is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor/Subgrantee in attempting to comply with such defective speci- fications. srr.LaAL CL4USN.S e. If the Ccntractor/Subgrantee intends to assert a claim for an equitable adjust- ment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary eate:t of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in tt Contractor's/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder steal ...._.w... if assert=ed after final payment ander this contract,/s=bgrar_t. g. Failure to agree oa the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitle( "Disputes." h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding with the contract/subgrant as changed by the Prime Sponsor's Contracting Officer in r t•riting, either by (i) issuance of a written change order as described in (a) above, or (ii) issuance of a written confirmation by the Prime Sponsor's.Contracting Officer •of the written notice required of the Contractor/Subgrantee in (b) above, resulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMINATION -14- the policy Of the Executive Branch of the Government that (a) contractor- and ontractorand sL .tractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in conned, .a 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 Contractor will nct discriminate against any employee or applicant for employment beca=use of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin-. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting o_icer setting forth the provisions of this nondiscrimination clause. (2) The _ actor 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 September 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 ieptnber 24, 1965, and of the rules, regulations, end relevant orderer of tha Secretary ..7 Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 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 r 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. 4 -15- .(7) The contractor will include the provisions of paragraphs (i) tnrougn jj) In ever contragt or purchase order unless exempted by rules, regulations, or orders of the tory of•Labor issued pursuant to section 204 of. Executive Order 11246 of Septe.___r 24, 1965, so that such provisions will be binding upon each subcontracto vendor. The contractor will take such action with respect to any subcontract or purc"ase 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 nay 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 minimum rata applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item ?lumber 1 above. 6. TERNINATIO`_i OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or co:Acct. Termination of trainees or enrollees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective barge:- =.g agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall goven 7. TERMINATION a. The p.,-=,-mance 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 make progress in the prosecution of the work hereunder as endangers such performance), 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 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. ;y such termination shall be ezfected by delivery to the Contractor/Subgrantee of a tiot__e of Termination specifying whether termination is for the default of the Cca`_racto:/Subgrantee or For the convenience of the Prime Sponsor, the extend to which performance of work under the contract/subgrant is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract/ subgrant for default, under (1) above, it is determined for any reason that the Contractor Subgrantee was not in default pursuant to (1), or that the Contractor's/Subgrantee's failure to perform or to Hake progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi- rsicns of the clause of this contract/subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under•(2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination, and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall: 4 -16- tap work under the contract/subgrant on the date and to the extent specify tin. in tin. .ice of Termination; (2) Place no further orders or subcontracts for materials, services, or facile except as may be necessary for completion of such portioe 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 Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; - (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final, and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant_ (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the -completed or partially completed plans, drawings, information, and other property which, if the contractia_bgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools -and tooling acquired, or manufactured for the performance of this contract/subgrant for the cost of which the Contractor/Subgrantee has bean or will be reimbursed under this contract/ - subgrant. (7) Use his hest efforte to sell, in the manner, at the times, to the extent and - at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor, Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) 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 scch 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/ subgrat or paid in such other manner as the Prime Sponsor's Contracting Officer may direct (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be necessary, or as the Prime Sponsor's Contracting Officer nay 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 Prima Sponsor has or may acquire an interest. The Contractor/Subgrantee shall proceed irnediately with the performance of the above cbligatio: s not::ithatendins any delay in detern_inirg or adjuati:Lg the amount of the fee, or any item C-- reir-•bursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1-S.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 iters of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed rcr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime Sensor to remove such items or enter into a storageagreement covering them. Not later than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove then or eater into a storage agreement covering the same: Provided, That the list submitt shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal o the iteus or, if the items are stored, within forty-five (45) days from the date of sub- mission of theslist, and any necessary adjustment to correct the list as submitted shall b made prior to final settlement. -17- c ter receipt of a Notice of Termination, the Contractor/Subgrantee shall suh-•'t to the .e Sponsor's Contracting Officer his termination claim in the form and wi certifi....cion prescribed by the Prime Sponsor's Contracting Officer. Such claim she e submitted promptly but in no event later than one year from the effective date of tem- 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 may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subp 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. 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-:er_t of the fai'ure of the Contractor/Subgrant and the Prime Sponsor's Contracting Officer to agree_ ia whole or in part, as provided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor/Subgran=ea i_ connection with the termination of work pursuant to this' clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant , determine, on the basis of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason of the termination and shall pay to the Contractor/Subgr-aatee the amount determined as follows: - (1) If the aettlemant includes cost and fee - - (1) mere shall ba included therein all costs and expenses reimbursable in accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee for the performance of this contract/subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter - with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, ho - ever, That the Contractor/Subgrantee shall proceed as rapidly as practicable to discontinue such costs; (11) 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- ccatracts or orders,'as provided in paragraph (b) (5) above, which are properly charge - to the terminated portion of the contract/subgrant; (iii) There shell be included in the reasonable costs of settlnmeat, including : cou:..;-.; legsi, cieriaai, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract/subgrant and for the termination and settlement of subcontracts thereunder, togetha= with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor/Subgrantee there shall not be included r, atouats 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 coatra_ct/subgrant determined as follows: (A) Ir. the event of the termination of this contract/subgrant for the eonven:ence of the Prime Sponsor and not for the default of the Contractor/Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the com- pletion of work conteupiated by the contract/subgrant, less fee payments previously made hereunder; or 4 -18- (B) In theeOvent of the termination of this contract/subgrant for the i It of the tractor/Subgrantee, the total fee payable shall be such proportionate par the fee (or, if this contract/subgrant calls for articles of different types, of suer, part of the fes as is reasonably allocable to the type of article under consideration) as the total nutiber, 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 Prime Sponsor the excess amount. (2) If the settlement includes only the fee, the amount thereof will be determined in accordance with subparagraph (1) (iv), above. f. The Contractor/Subgrantee shall have the right of appeal, under the clause of this 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 exteasion of such time, he shall have no such right of appeal. In any case where the Prime Sponsor's Contracting Officer has made a determination of the amount due under paragraph_(c) or (e) above, the Prime Sponsor shall pay to the Contractor/ Subgrantee the following:' •(1) if there is no right of appeal hereunder or if no timely appeal has been taken, the.aeouat so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has bee tahee; the amount finally determined on such appeal. g. In arri leg at the a oer:t due the Contractor/Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor/Subgraetee, applicebie to the terminated portion of this contract/subgrant, (2) any claire which the Prime S_oasor ray have against the Contractor/Subgrantee in connection with this contract;subgraee, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor/Subgrantee.or sold pursuant to the erovisions of this clause and not otherwise received by or credited to the Prime Sponsor. h. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Prime'Spensor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to time, under such terms and conditions as it nee, prescribe, make partial payments and payments on account against costs incurred by the Contractor/Subgrantee in connection with the terminated portion of the contract/ subgrant 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 -rtitled hereunder. If the total of such payments is in excess of the amount finally _e: -,:i :c•: to beaus unler thio clause, such excess shall be payable by the Contractor/ .>ubg.xr.c•.e to the'r.ae Spc_-sor upon demand, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: Provide'., 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 fretention or other disposition of termination inveatory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Cbntraatind Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. 3. TERMINATION FOR CONVENIENCE -19- 'Tc wvisiona set forth in this clause 9b shall gov:rn in lieu of clauae 9a should this ci .t/subgrant be for experimental developmental or research work and the Contract.._iSubgrantee is an educational institution or other nonprofit institution of 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- ination becomes effective. b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel his outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise all reasonable diligence to accomplish the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/SubSrsntee 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 clause, and (2) assign to the ?-ine Sponsor, in the manner at the time, and to the extent directed by the ?rime Sponsor's-Coatracting Officer, all of the right, title, and inter- est of the Contractor/Subgra-:sa 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 oit of the termination of such orders and subcontracts. c. The Contractor/Subgratee shall submit his termination claim to the Prime. Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more exten- sions in writing are grantee by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Subgrantee 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 may, subject to any review required by the contracting agency's procedures in effect as of the date of execu ti o n aofunt, of this contract/subgrant, determine, on the basis of information available to him, 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 PATIENT Clause of this contract/ subgrant. e. :;abject to the provisions of paragraph (c) above, and subject to any review requir4 the ?rime Sponsor's contracting agency's procedures in effect as of the data of execution of this contract/subgrant the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer ray agree upon the whole or any part of the amount or amounts to be paid to the . Contractcr/Subgrantee by reason of the termination under this clause, which amount or amounts ray include any reasonable cancellation charges thereby incurred by. the Contractor/ Subgrantee and any reasonable loss upon outstanding cormitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding rcor.m't::ar,: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 amacdeent to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree amount. -20- f ;e Prime Sponsor may from time to time, under such terms and conditions as may p Ube, make partial payments against costs incurred by the Contractor/Subgrantee in coo- _ion with the terminated portion of this contract/sabgraatentowh ceverh er,in th . opinion of the Prime Sponsor':: Contracting Officer, the agg g within the amount to which the Contractor/Subgrantee will be entitled hereunder. If •-ce total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, ee interest thereon shall beginningby the u30rdaysrfromgthetdateoofhsuch demand -e Prime mor at the rate off 6 6 percent per annum g. The Contractor/Subgrantee agrees to transfer title to the he Prime by the Prime or and deliver in the manner, at the tines, and to the extent, if any, rime Price Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to the.Prime Sponsor, including_ (1) Completed or partially completed plans, drawings, and informthe ation; and (2) Materials or equipmsnt•produced or in process or acquired in connection"with termination performance of the work terminated by the notice. Other than the above,any inventory resulting from the termination of the contract/subgrant nay, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor/ Subgrantee under the conditions prescribed by and at a price or prices approval by the Prime Sponsor's Contracting Officer. The Proceeds of any such disposition shall be applied in reduction of any payzeats to be made by the Prime Sponsor to the Contractor/ Subgrantee under this contras_/siogrant or shall otherwise be credited to the price or cost of work cc -e ed by this cea:ract/subgrant or paid in such other -manner as the Prime Sponsor's Contrarzing Officer nay direct. Pending final disposition of property arising from: the termination, the Co=tractor/Subgrantee agrees to take actionhe asp oyb eion e necessary, or as the Prime Spon sox s Contracting Officer may direct, • and preservation of the prtaarty related to this contract/subgrant which is in the possession of t"=- wire Contractor/Snbgrranacquire and in which the Prime Sponsor has or nay q an interest. 9. CO\STRUCTIC::<_?D BUILDING 2E L43ILITATION - The subcontractor shall not expend Federal funds for construction and building rehabilitation tbyut prior artmental of the Prime of Labor and thepPrime,Sponsoracting shall beficer. adminie Any projects approvedgles the D -1p licable,to construction under the guidelines of d--102 and parts of Paragraph IV, app procurement. 13. LISTING OP EMPLOYMENT OPENINGS (finis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or =ore.) _ , Contractor agrees, in order to pro-:ida spacial emphasis to the employment of 'disabled veterans and veterans of the vietnam era, that all suitable employment of the contractor which exist at the time of the execution of this contract and g those h which occurduring the g performance hose occurring1s atcantract, establishmentnotherse thanttheRoneted by this hecontract and including - wi:ereir. the contract is being performed but excluding those elocallofficeaof the corporate affiliates, shall be offered for listing at an appropriateartt State er .oyment service system wherein the opening occurs and to provide such rep r tc. such local office regarding employment openings and hires as ray be required: Provide:., That if this contract is for less than $10;000 or if it with a State -:or local govcrnre:t the reports set forth in paragraphs (c) and (d) are not required. b. Listing of emplcyment openings with the employment service system pursuant to thi: clause shall be made at least concurrently with the use of any other recruitment service or effort and Shall involve the normal obligations which attach to the placing of a bona ride jat order, including the acceptance of 1 eferrals of veterans and nonveterans. ThiS 1' g of employm nt openings does not require the hiring of any particular job applic r from any particular group of job applicants, an.i nothing herein is inte to relit.e the Contractor from any requirements in any statutes, Executive orders, c 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 1 year after final payment under the contract, during which time they shall be made available, upoa 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 adviae.the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The Ccatractor ray advise the State system when it is no longer bound by this contract clause. e. This clause does not apply to the listing of employment openings which occur and are filed outside of the 50 Stites, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin islands. f. This clause does not apply to openings which the Contractor proposes to fill from' ee within his own er3anization 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 arrangement for that opening. g. As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full-tine employment, temporary employment of more than 3 days' duration, and part-time employment. It does :lot 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. f^_) ";_-_ropriate o`=ic.e of the State employment service system" means the local office ;Federal -State national system of public employvent offices with assigned resooasi- �.: cue ;::r_e c '1 bility `or serving the area oftheestablishment where the employment opening is to be filled, including the District of Columbia, the. Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given . to persons outside the Contractor's own organization (including any affiliates,=sub- si.diaries, and parent companies), and includes any openings which the Contractor proposes • to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes >- * * to fill pursuant to a customary and traditional employer- union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and tradi- tional hiring relationship which exists between thr Contractor and representatives of his employees. e _22_ (5). "r• 'bled veteran" means a person entitled to disability compensation under laws admin :d by the Vethrans Administration for a disability rated at 30 percentum c or a p s whose discharge or release from active duty was for a disability incurrL aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty for service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 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 :.ay file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for 'Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract di -= -'y under this contract. 11. DEVIATIONS Under the meet compelling circumstances such as situations where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrar, to national security, or where the requirement of listing would other- wise not be in t..ra best interests of the Government, a deviation from this subpart may be rade, subject tc the appro7ai of the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for Hanpower, U. S. Department of Labor, Employment and Training Administration, 555 Griffin Square Building, Griffin and Young Streets, Dallas, Teras 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 under 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 :ecision to writing and nail or otherwise furnish a copy thereof to the Contractor/ Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and ...r .•_ s'_; s unless within 30 days from the date of receipt of such copy, the Contractor/ :bcra:,:es_ rails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a ._ittan appeal ad_res ed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capri- cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not • supperted 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 rvi:ece in support of its appeal. Pending final decision of a dispute hereunder, the Ccntractor/Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connect:cn with decisions provided mor in paragraph (a) above: a -23- Provide? 'int nothing in this contract/subgrant shall be construed as making final the deci'sio any adciinistcative official, representative, or board on a question of 7 13. SU3CONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any parts of this agreement. The Contracting Officer ulay, in his decretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and/or contract, bless otherwise provided, thereon,the inconsistencies shall be resolved by giving ' ?recedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2) The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FMC 74-7 (5) FMC 74-4. (5) The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Notions passed by the Consortium Executive Board: June 13, 1974 - Each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas, and an approved Affirmative Action Pien. . June 17, 1974 - Out -of -area travel for each program not exceed $25 per day. June 2, 1975 - No contractor exceed 17% for administrative cost and All out -of - area travel for any program have clearance by the staff. September 22, 1977 - Allowance of up to 18C per mile for travel. Per diem rates for out of town travel be established at a level equal to Federal per diem rates for all non-profit agencies. Governmental agencies shall pay travel expenses consistent with the policies approved by the respective governing bodies. r -24- 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. -9S- 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 Stonewall Bank Name Calallen Independent School District (Signature) (Signature) (Date) (Date) D.M. Murphy Clyde C. Teague (Type Name) (Type Name) Cashier Superintendent (Title) (Title) -26- AbKEEMENT FOR SPECIAL BANK ACCOUNT The Calallen Independent School District hereinafter referred to as the Contractor; the unit of local government herein- after called the Program Agent; and Stonewall Bank located at 10502 Leopard St. Corpus Christi, Tx , 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 " Calallen Indeoendent School District CFTA 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 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. -27- BANK NAME Stonewall Bank SIGNATURE TYPE NAME D.M. Mur TITLE Cashier SIGNATURE TYPE NAME TITLE h 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 DATE 10-1-79 ADMINISTRATIVE [NTT BANK COLLATERAL BANK COLLATERAL required, based upon estimated maximum bank balance, (excludin FDIC coverage of $40,000, is CONTRACTOR USE CONTRACTOR'S NAME Calallen Inde.endent School District SIGNATURE TYPE NAME Clyde C. Teague TITLE Superintendent -28- DATE 10-1-79 AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $ 2,383 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. -29- 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. Clyde C. Teague Superintendent 2. Will the Accounting System be directly maintained by you? Yes ! No (If No, who will 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.) Our accounting system is maintained on a Burroughs L 6000 Bookkeeping policies: a. Maintain budgetary control, including the proper classification of revenues and expenditures. b. Record revenues and expenditures on the basis of full accrual accounting. c. Maintain the double entry system of accounting. d. Keep a general ledger in accordance with the uniform classi- fication of general ledger accounts prescribed in Bulletin 679, Procedure No. CDE-407. 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 Clyde C. Teague, Superintendent Signature 512-241-4216 Date of Execution October 1,-1979 -30- 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. -31- INSURANCE P.EQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. -32- (`.0NTR C"' "IGNATUiRr: tfli FT CONTRACT NUMBER MODIFICATION NUMBER PROGRAh ...,ENT: CCitty) f_C4 S Christi CONTRACTOR: Del Mar College P.IJ. box 34II Baldw n & Ayers Corpus°Christi, Texas 78408 Cnrpnc Christi TaYac 78404 This contract is entered into by the City of Corpus Christi herein after referred to as Program Agent and Del Mar College , 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 32 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 to 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) $ $ C. OBLIGATION : to (new level) TITLE , II -D FISCAL YEAR TOTAL $ 18,500 FY 80 FY FY $ 18,500 Total $ 13,500 ' $ 18,500 APPROVED FOR THE PRIME SPONSOR DAY OF 34: R. Marvin Townsend City Manager APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature) Jean Richardson. President Name and Title (Prime Sponsor Use Only) APPROVED: DAY OF Director of Finance ATTEST: City Secretary APPROVED: DAY of City Attorney ► g. PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number -65. Special Project positions will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. - D. The contractor agrees to adhere to the average annual wage of $7,110 as mandated by Issuance No. 92-79, dated May 29, 1979. 2 cPSE PROGRAM SUMMARY 2. CONTRACT NUMBER 1. CONTRACTOR LIAISON OFFICIAL 3. Title -II -D Carroll Kelly - Controller DISTRIBUTION OF FUNDS AND JOBS 4. GONTRACTOR 5. TYPE OF UNIT 6. AREA SERVED 7. POPULATION 8.NO. OF JOBS, 9. FUNDS Del Mar College School District City of Corpus Christi • 3 T $ 18,500 10. TOTAL 11. OTHER ACTIVITIES 19 _ Tf1TAT. 3 $ 18,500 $ 18,500 3 (1) (2 ►' ,, Del Mar College p� UEATIONAL SUMMARS Contractor: Baldwin & Ayers Corpus Christi, Texas 4 OCCUPATIONAL TITLE BY EMPLOYING AGENCY NUMBER OF JOBS CETA MO. WAGE RATE JOB DURATION TOTAL WAGES (A) (B) (C) (D) (E) Clerk Typist 2.91 p/h 1 505(1 3 $ 1,515 3.10 p/h 540(2 9 4,860 Clerk Typist 2 540(3 18 9,720 • • (1 Wages from Oct. 1, 1979 thru Dec. 31, 1979 (2 Wages from Jan. 1, 1980 thru Sept. 30, 1980 (3 Position authorized as of Jan. 1, 1980 1 TOTAL 3 --- --- $16,095 FPTNGE BENEFITS 986 1. FICA @6.13% 2. Workmen's Compensation 100 3. Other (Snecify) Group Insurance 1,319 4. Other (Specify) 5. Other (Specify) Sub -total fringe benefits $ 2,405 TOTAL $18,500 4 U .8. UI:I'A ICI MI'. NT (1V I. Alit • Iiwptuymvol ‘11 old fr alubic ti it iu tion P S OCCUPATIONAL SUMMARY • NAI, AQORESS Gr CONTRACTOR Del rear College Baldwin & Ayers . Corpus Christi, Texas 78404 3. 'Ern OF PROGRAM f"X" aPPruprlale bo a. tiii II • 0 , b. 0 Yl a.[7 Othor (Specify) , ijer1J c. 0 Spacial Oovornor's Grant • 4.. PROGRAM AGENT, EMPLOYINQ AGENCY ANO PD5ITION TITLE NO. DP J0o5 .s,,z COMPARAGLE WAGE ... — ANNUALIZED DETAWAGE • NON•CETA SVPPLEMENTATION• OF WAGE/SALARY (E) p9nSONYEARS OF �+,tPLOYMENT pLANI`lEp (1) TOTAL ANNUALIZED WAGES (01 • OM IR Ici Inl Sub -Contractor •' Del Mar College 'Non -Project' Positions "1 2 • • ' • • • $ 6,375. ' 4,860 ' ••0 0 • • ' 1 2 $ 6,375 • N . 4,860 Position Created Prior to 10/01/79 ClerkI.3.10.p/h • Positions to Begin 01/01/80 • Clerk Typist.'3.10 p/h •• • • • • I.. G. TOTAL ro— p+- 3 0 3 ' CONTRACTOR'S NAME AND ADDRESS Del Mar College , Baldwin & Ayers Corpus Christi, Texas 78408 U.S. 111.1'x111'1 al111N I' I/l+ I.A 111111 Plopintmrnl Aad 11311117 Aslnlhlidrnlitn CEPA PROGRAM PLANNING SUMMARY c. GRANT YEAR Prom October 1, 1979 b, CONTRACT NUMBER d, TYPE OP PROGRAM 1• C171tie11 We 5. OTItle VII . 1.471113 11 D 6. p Adml.n. Cost 70 • �, ❑ tlur DI sneeuy L September 30,• 1980. 4. QTII1e vl 7. CD Other 1; a f r 0 FOR REGIONAL OFFICE USE ONLY 4 6 1.' CONTRACT I0CY dE+146 Es e,tz 11°3 0 0 1011 12 lata INS11RUCTIONS 0013• COMPLETING SECTIONS I, II, AND 111 See. it A (Total Enrollments) Is the ruin of A.l and A.7, G (Total Termintllons) b the tum of 11.1 through • U.S. C (Planned Enrollments) Is A•nlillul G. Sec, Ile Enter In )Ins (n) F.nrollmentr In each program activity cumulatively through the grant year, tad In lint (b) the number of participants planned to be enrolled In each program activity at the end of each quarter: parlidpintl who are concurrently enrolled In more than one activity should be counted In each . activity In which they are -enrolled. Sec, Iltt Enter lire cvmulnllve bomber of parllcipantr In each 17971701 to be enrnllcd durin7 the grail per. Parliclpante should be Cnuntrd In as many 490311canl raiment groupl *1 ire applicable. • I. ENROLLMF.NT AND TERMINATION SUMMARY • • • • GRANT YEAR•70•bATE PLAN • ' • • • LL REPO, T O PER100 A. TOTAL rNROLt• MCN TS 1. Cnrali• rnrnit IDIs yr. 2. Partici• ?Arlt Can1n1 Over 0. TOTAL TCRMINA• 710N5• 1. nlaraln L'n ydy,m+ e, obrct Menne. b. tntllrrcl Plaint!, e, Obtained linnlaynrdt 7. Oliver rustily* J. Nnn• poll Ilya C. PLANNC0 p•rnOLLl.levtr fetid n/QvM.r e r tl r 1 1 v 3 _ __ _ • ' •r -" Idl 3 _ 2 ___ _ al Toll! Icor Nlmtnll..••� ��T 7 1 11".[SSP*:trait. 2 7 nn.n:TAT T.Taa.s1._ ,r.T.•r.r.T, TraTr+T.r .Tr+•sMO " U 3 0 o 13 31 2: J . f. ILO 0 8 0 7. M n 1 7 C L 7 A) Total CnrolImrnit u 3 7 3 3 2...r.--"--.— 3 ---3— 0 0 0 0 3 —7---- 0 0 3 1 0 3 0 0 2 1 0 —7----0—• .: 1i ' 1i' a1' 70.17—"-- 51 ;7-1-9.al "' •' ' 0L' 2i' t } tc ` '• II. PLANNED CNIIOLLMI3N1S IN 1'110011AM AC fIVI !ICC • • A 1 a C u 0 • Ct.ASSIIOOM TN./SINN(' 07.11,0.300 Pub. :cot, warn ^n f./70 Voe. Cd. Tr,n,Ini rnplwm,lt Crwrlenco Idl 3 _ 2 ___ _ al Toll! Icor Nlmtnll..••� ��T 7 1 11".[SSP*:trait. 2 7 nn.n:TAT T.Taa.s1._ ,r.T.•r.r.T, TraTr+T.r .Tr+•sMO " U 3 b) Currrnlly Cnrnttad 1 1 7 C L 7 A) Total CnrolImrnit u 3 7 0 C 3 b1 Currrnlly Cnlolled 0 J 77p r C 7 al Total Enrollmenu 0 3 p 0 3 o 0 b) Currently Enrolled 0 0 8 0 3 es 2 al Total Enrollments 0 LILO 3 u 1 01 Currently Coronet! 0 0 8 0 0 j1 2 1 . '• .'• r•, .,*—.t.;" . 2:2: 2rj25 211 11 35 41 td IV, OTlirn ACTIVITIES tnnhrmme 1 111 Indlenle other ncavlilet m 17celel programs on Mech. n, nil, Dercrihe their ohinellvol and IIT1 rnllrtlon,, toward their achievement Ino tiuonlltollw or norrotivv prolnnlnllon, III. SIGNIFICANT SEGMENTS • • SIONIrICAN7 .EOMCNTS O0ANT YCAR•TO.IIATC PLAN SIONIPICANT SCOMCN13 r..._�_._....a�.. 7111INT Y1:A11.713.0ATC PLAN 17/11 3/31 I'/J0 0/711 11/31 1/71• f./70 • 01.10 1+1• )b) fel Idl 3 la! lbl Icl l41 AEcon/Diad+._ r....-_. 3 RUnemo 10/19 D C 14 0 I r ! SD '.e CONTRACTOR'S NAME AND ADDRESp Del Mar Cullege Baldwin & Ayers Corpus Christi, Texas 78404 17.9, uer,UTML4T nr LAAU7 F.nrntlynrrtnI uu11'r..Iubllf AJo,l I,leaUnn BUDGET INFOIIMATION 511MMAi1Y October 1, 1979 -September 30, 1980 D. F011 ncuIONAL OFFICE USC DNLY 1 0 a 7- 41 O 0 CON TIIACI• ItCY g Su 4 5 .t 1 a Z d E 7 6 4 la 11 12 73 14 15 16 17 td 10 10 21 MOD, DAIC MM 7111 2 23 24 15 2.6127 26 20 YY F 311 E. IIUDDET rI)MMA11Y COST CAT3OOIIICS L CONTRACT NUMBER C. TYI'G OF P110011A1.1 1: L/ Title II -B&C 2. LA/ Title 11-D 3. L/ Title 111 Specify 4. LI Title VI • 5. L/'Title VII 6. L/ Admin. 7. Q Other Cos t i. 011A14T h11001wr.1 Fl/1ICTION Ott ACTIVITY G. r4111,41 ESTIMAtn) UNE1(10741201) rUNDS MCA: 071 REVISED 013000T I. Adrn(nlrluIlon !. ACowan etI e. Nnn•red.ui 1 1.7.1,1).1;"AES' ". 1. 1Yege1 at 'lr. '1; . 7'1111). 11m 111tl TralnI,, 1, Starke; __ _ _,�..y,.eay. • . '. Tol l 6t lh i7:T" I; CI 1 r. Vii• 3 , 21 35 44 53 62 111 d, r.deul 16 — 0— — 0— $ 16,096 2,405 $ 18,500 e. Non.rcue,U • 30 43 • $ 18,500 P. CI MULAT IVC O11A(1TCfLY 1'1103001111115 , 1 2 ,t.' �1 11 .i 11 t. r: 1' at: S• ..i, .5 1 2 11 'i :l • ', 7;. ,.� 'S' 11 -, t , .. 01' 090ICA( ONS AM/ lixl'LNl1 ITl 111:11 (ro( lhmrint l7nlply) ........�.....,,.:.....a....,.•.<_.. �...1......G,.,...w. .trine Sponsor 01.11g'Ilont 1 y2 ,. : 0 % '•' y .i Sr' ill 'f IF ,, 3 ri 3 35 44 53 Gl t' 21 11 2, 2nI+( 2: %!1.,� .1, .,7 26 $ 1.800 3 121 21 21j1I21 2: '. _.:1I (113,.Z...+u..u..WI. 06 3 $ 7,3.555 1 2 =: `1.." 1) 3 3 1 1 2 22 2JI224 2) :.1.." n�.�.•11,� 26 $ 12 930 1 2 _. r:• f1 a. T ,' :: Ir •; 1, .7 Y' 3 ‘11-211:12.1 - 1 3 35 4 .1 53 CO 71 24 25 •._ :. ...I 2G $ 18,500 _. I, Toll holed 0zperxllhuee by 1'rogurn 1,800 3: 7,365 �f .''' ...f,', 35 Ai 12.930 18.500 I. Cluc01131 TIandnl, Mink S pn n tot '1` 18 500 b. Ore Ih.Jnb TulMin 5. y' ''• 11( `_L L• , 2 0 53 G7 71 3 C. Public Service Employment •• 1,800 G2 7,365 12,930 LI, 1Yoll, 30pcdence 11 j, 71 ;Tj1r77'n 3 255 } Id Gf� �•,L•;fY i 4 t. S er.lceI to NH1241ulll I. 2 3 2G i ;(1. UM 1 Z 2C :, 2 ,A l; , . r1` 1 7 3 2G . 'f.; Al {; ' •t :1 O 4 ) • t 4 35 t1 4 I. 011,01 Acllvll1,1 A: Cr •�; 3•`r 1 35 ' :: .1 J �' 'I1 a' '� ti `t _ 1 35 44 •17 f'J '' -____-._ — _.... .. _... - . $ 18,500 __._. 1. 1'rcinled L',Puulllnret for Vne.tIonAl 114, In Opul'1 CLnnr to OnvUuml I_. I'...,WE d I:.p.ndlnuel nt Hoo'f'ed. Prtndl 01hrr I'.dI'un.11, Oat lo Cline 5pnn, taws . U,.,.I 1..5.1 h..lr. Ir.! r'.I..,,Jb.aeI 4 •l,7 1. .1. : , If .I l 44 5:1 61 ft 4,1 _ : '. •13 : ' et .. 44 _ 52 (.A n _-- �_-. _- _ _ ... ___.__.___-._•- S 12.030 � 1 ------ p 1 non 03 _ 67 r. -_._.-----...�. __.. G 7.37, N IUS OcPARTU Z WT OP (AZO Ertrployrn.n!>nd rr Mng Aamin:u»tlon CETA Scai.ATLE CONTRACT NUMBER b. TYPE O5= PROGRAM ("X -on..) tt - a vt Q SP.c11I Giant to Cov.mor> CONTRACTOR'S NAME AND ADDRESS Del Mar College • Baldwin & Ayers • Corpus Christi; Texas 78404 ' • POR RCCIOSALO7,TICS U>i OnLY 00 40 CONTRACT )< v i o p Z trr( 6 ► 7 a 1 9 101 11.12113 11 141 171114 17( 2121 C . O Y - L. N.ONTN ENO Of MONT+ .' tll. P01 c-r'^j CUMULATIVE- _=D(P_ OI R ... ai:' • II P'-141414=0 CURRENT Eimou nierir Non -Project Jobs. Protects 1 2 3 Z i 1O 17 19 2a •1 3L - .0 Ra 1 R 4nn 7E :- 1111719 1• 0 1,200 i i 217 19 1 0 . 1,800 • kT` o I r I8 10 3 0 . . - • 3.655 . a .• -• 0 1z18 10 3 .0 ..5,510 . o 1318 10 3 0 7,365 0 1418 10 3 - 0.-- 9,220 ...0-S ='s -•_= .• 10151810 3 0 ' 11075 0 1 618 10 .3 - 0 12,930 0 1718 10 3 0 14,785 0 1 $16 10. 3 • • Q _ 16 640 Y•' .. 1'4� �74 all s j8 10 0 .0 $ 1&,500 1 I 1 1 I 1 1 1 - rs T ' 1 1 1 - . 8 ETA 220:3 (Apr: 1979) The CONTRACT NO. STANDARDS OF PERFORMANCE Del Mar College will perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employment and Training Act of 1973 and its amendments as published in the Federal Register, Tuesday, April 3, 1979, Volume 44, Number 65. The program agent 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. 9 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. 10 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 employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. 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. 11 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. 12 ASSURANCES AND CERTIFICATION The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Del Mar College Baldwin & Ayers, Corpus Christi, Tx 78404 legal Name of Applicant Address Jean Richardson, President Signature of Authorized Officer Typed Name & Title of Authorized Officer October 1, 1979 Date of Application 13 SPECIAL CLAUSES 1. CHAN��� a. The Prime Sponsor's Contracting Officer may, at any time, 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 (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime 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 Contractor/ 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 Prime 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 charge under this clause causes an increase or decrease in the Contractor's/ Subgraatee's cost cf, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contrecto:/Subgrantee gives written notice as therein required, And provided further, --'=hat in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably - incurred by the contractor/Subgrantee in attempting to comply with such defective speci- fications. e. If the Ccn ractor/Subgrantee intends to assert a claim for an equitable adjust- nent under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and 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. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. f. :;o claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall --- s -__w.. if assorted after final payment under this ccntract/subgrant. g. Failure to agree or- the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding with the contract/subgrant as changed by the Prime Sponsor's Contracting Officer in :•riling„ either by (i) issuance of a written change order as described in (a) above, or (ii) is::uance of a written confirmation by the Prime Sponsor's Contracting Officer of the written notice required of the Contractor/Subgrantee in (b) above, resulting from an oral order by the Prime Sponsor's Contracting Officer. - 2. NONDISCRIMINATION 14 s'the policy.of the Executive Branch of the Government that (a) contractor and _ ,ntractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in conne,__on 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 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated d'_rirg 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, demotion, or transfer, recruitment or recruitment advertising; layoff or terni:ation; retes of pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to em;loyees and applicants for employment, notices to be provided by the contracting of_'tcer setting forth the provisions of this nondiscrimination clause. (2) The c -_ ractor will, in all solicitations or advertisements for employees placed by or on behalfof 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 September 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 >eoteeber 24, 1965, and of the rules, regulations, and'releveut orders of the Secretary (5) The contractor will furnish all inform.:tion and reports required by Executive 0rder 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 of this contract or with any of such rules, regulations, or orders, this contract pay 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 Septetber 24, 1965, and such other sanctions may be imposed and re:edies 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. • 15 ' (7) "`e contractor, will include the provisions of paranraphs (1) through (7) in every -tract or purchase order unless exempted by rules, regulations, or orders the Sec. ry of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency ray 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 nay 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 minimum rata 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. TERMMINATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable oppert:nity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or coadect. Termination of trainees or enrol -lees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargaining agraerenm, disciplinary and grievance procedures provided in such an agreement and applicable nc trainees or enrollees covered by this contract, shall govern. 7. TERMINATION a. The perfo-rmance of work under the contract/subgrant may be terminated by the Prima Sponsor in accordance with this clause in whole, or from time 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 rake progress in the prosecution of the work hereunder as endangers such performance), 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 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 etfected by delivery to the Contractor/Subgrantee of Not_._a of Termination specifying whether ter:ination is for the default of the v:ntractcr/Sub;rantee or for the convenience of the Price Sponsor, the extend to which performance of work under the contract/subgrant is terminated, and the date upon which such termination becones 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 was not in default pursuant to (1), or that the Contractor's/Subgrantee's failure to perforn or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi- sicns of the clause of this contract/subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under' (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the ?rime Sponsor's Contracting Officer, the Contractor/Subgrantee shall: • 16 Stop work under the contract/subgrant on the data and to the extent spacif' in th. Lce of Termination; i 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 Ternination; (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. Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; • (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 cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant. (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver is the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, ox acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the.completed or partially co=:leted plans, drawings, information, and other property which, if the contract/subgrant had been completed, would be required to be, furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools-and tooling acquired, or marry actured for the performance of this contract/subgrant for the cost of which the Contractor/Subgrantee has been or will be reimbursed under this contract/ . subgrant. (7) Use h'i: best effort to sell, in the Wanner, at the times, to the extent and at the price or arises 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 ?rime 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 Wanner as the Prime Sponsor's Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract/subgrant which is in the possession of the Contractor/Subgrantee and in which the Prime Sponsor has or may acquire an interest. The Contractor/Subgrantee shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of the fee, or any item of reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition 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•agree;ment covering them. Not later than fifteen (15) daya thereafter, the Prime Sponsor will accept such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the iteus or, if the stens are stored, within forty-five (45) days from the date of sub- . mission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. 17 'ter receipt pf a Notice of Termination, the Contractor/Subgrantee shall s to tl rme Sponsor's Contracting Officer his termination claim in the form and wi ie certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shaj.r be submitted promptly but in no event later than one year from the effective date of tern- mination, unless one or nore 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 nay 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:-ent of the fai=ure of the Contractor/Subgrant and the Prime Sponsor's Contracting Office: to agree ;n whole or in part, as provided in. paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractar;Subgran_tee in connection with the termination of work pursuant to this clause, the Pri=a Sponse='s Cs=zracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant , determine, on the basis'of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason of the termination and shall pay to the Contractor/Subgr=.:tce the ampunt determined as follows: (1) If the settlement includes cost and fee - - (i) There shall ba included therein all costs and expenses reimbursable in accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee for the perforr.ance of this contract/subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter - with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor/Subgrantee shall proceed as rapidly as practicable to discontinue such costs; (i1) There shall be included therein so far as not included under (i) above, .be 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 the terminated portion of the contract/subgrant; (ii) There shall be it:sanded in t..e reasonable costs of settlement, ixi_luding cier_aa1, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the' terminated portion of the contract/subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor/Subgrantee there shall not be included .*:y amounts for the preparation of the Contractor's/Subgrantec's settlement proposal; and (iv) There shall be included therein a potion of the fee payable under -the contra::t/subgrant determined as follows: (A) In the event of the termination of this contract/subgrant for the convan.ence of the Prime Sponsor and not for the default of the Contractor/Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the com- pletion of work conteriplated by the contract/subgrant, less fee payments previously nade hereunder; or 18 (B) In the event of the termination of this contract/subgrant for the de`„ult of th, .ractor/,Subgrantee, the total fee payable shall be such proportionate part the fe, ter, if this coatract/subgrant calls for articles of different types, of suc :t 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 Prima 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: '.(t) if there is no right of appeal hereunder or if no timely appeal has bean taken, the•a.ottnt 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 ascent due the Contractor/Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the _ Contractor/Subgrs-tee, applicable to the terminated portion of this contract/subgrant, (2) any claim which the Prime Spoescr ray have against the Contractor/Subgrantee in connection with this contract/subgrant, and (3) tha agreed price for, or the proceeds of sale of, any materials, se?plies, or other things acquired by the Contractor/Subgrantee.or sold pursuant to the provisions of this clause and not otherwise received by or credited to the Prime Sponsor. h. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Priama_Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor/Subgrantee in connection with the terminated portion of the contract/ sabgrant 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 -etitled hereunder. If the total of such payments is ir_.excess of the amount finally - . to beuutinr this clause such excess shall ba payable by the Contractor/ .,ub;;aatte to the Priae Spo:nor upon demand, together :with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: Provided, however, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's/Suhgrantee'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 Spoasor's Contracting Officer by reason of the circumstances. (.j) The previsions of this clause relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. 8. TERMINATION FOR CONVENIENCE 19 ' The provisions set forth in this clause 9b shall gov:rn In lieu or clause se suuutu this c tot/subgra't be 'for experimental developmental or research work and the Contre 'Subgrantee ib an educational institution or other nonprofit institution n• no -fee or no -profit basis. • a. The performance of work under this contract/subgrant may be terminated, in whole or fron time to time in part by the Prime Sponsor whenever for any reason the Prima Sponsor's Contracting Officer shall determine that such termination is in the beat 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- ination 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 connitnentS covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the appro•ral or ratification of the Prince Sponsor's Contracting Officar, to the extent he nay require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the ?rime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's -Contracting Officer, all of the right, title, and inter- est of the Contractor/Subgra :em under the orders and subcontracts so terminated, in which case the ?rime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. c. The Contractor/Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year fron the effective date thereof, unless one or more exten- sions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Snbzrantee 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 may, subject to any review required by tha contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information available to him, the amount, if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. d. Any deterninatilan 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. s subject to any review requir: a. Subject to the provisions of paragraph (c) above, and 'f:y the ?rime Sponsor's contrartino agency's procedures in effect as of the data of execution oT: this contract/subgrant tha Contractor/"ubgrantea and the Prime Sponsor's Contracting a 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 aunts may include any reasonable cancellation charges thereby incurred by the Contractor/ Subgrantee and any reasonable loss upon outstanding commitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding commitments for personal services which the Contractor/Subgrantee is unable to cancel, the Ccntractor/Subgrantee shall have exercised reasonable diligence to divert such commitments ;to his other activities and operations. Any such agreement shall be embodied in an remandment to this contract/subgrant•and the Contractor/Suhtrantee shall be paid the agree amount. 20 f The Prime Sponsor,may from time to time, under such terms and conditions as it may p the, make partial payments against costs incurred by the Contractor/Subgra in co: ion with the terminated portion of this contract/subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor/Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor/Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days.from the date of such demand. g. The Contractor/Subgrantee agrees to transfer'title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to the.Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment'p'roduced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract/subgrant may, with the written approval of the ?rime 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 any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Contractor/ - Subgrantee under this contract/anbgrant or shall otherwise be credited to the price or' cost of work co-rered by this coacract/subgrant or paid in such other -manner as the Prime Sponsor's Cont ting Office= r4a7 direct. Pending final disposition of property arising =ron.the termination, the Co=tractor/Subgrantee agrees to take such action as nay 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 say acquire an interest. 9. C0NSTRLTCTI03::21D BUILDING ?1 LUILITATI01 The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A-102 and parts of Paragraph IV, applicable to construction procurement. 13. LISTI.1G OF E1IPLOYMEENT, OPENIITGS (This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or more.) .. Ia Contractor agrees, in order to provide spacial emphasis to the employment of disabled veterans and veterans of the vietnam era, that all suitable employment theJ__tractor which exist at the time of the execution of this contract and those which occur the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated . corporate affiliates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such reports tc such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10;000 or if it with a State.:or local government the reports set forth in paragraphs (c) and (d) are not required. b. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and 9ha11 involve the normal obligations which attach to the placing of a bona fide jot order, including the acceptance of refe21rrals of veterans and nonveterans. This Ii --'ng of employment openings does not require the hiring of any particular job applic r from any particular group of job applicants, and nothing herein is into to rel_ the Contractor from any requirements in any statutes, Executive orders, o_ 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 rade under this contract. The Contractor shall maintain copies of the reports submitted until the expiration of 1 year after final payment under the contract, during which time they shall be made available, upoa request, for examination by any authorized represent- atives of the Contracting Officer or the Secretary of Labor. d. Whenever the Contractor becomes contractually bound by the listing provisions of - this clause, he shall advise. the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system., there is no need to advise the State system of subsequent contracts. The Ccntractor may advise the State system when it is no longer bound by this contract clause. e. This clause does not amply to the listing of employment openings which occur and are filed outside of tha 50 the District of Columbia, the Commonwealth of Puerto Pico, Guam, and the Virgin Islands. f. This clause does not Ty to openings which the Contractor proposes to fill from within his own organization 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_z for that opening. g. As used in this clause: (1) "Ali suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and :.0nproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated an a salary basis of less ,than $18,000 per year. The term includes full -tine employment, temporary employeeat of more than 3 days' duration, and part -tine employment. It does got 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. -.r_opria_e office of tha State employment service system" Leans the local office of J T f s with assi' ad reSpo:nsi- f c:e :s:r"oral-State national system public employment office - bn %,'_ity for serving the area of'tb_'establishment where the employment opeuiag is to be filled, including the District of,Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given . to persons outside the Contractors own organization (including any affiliates,-sub- sidleries, 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- t:oral hiring relationship which exists between the Contractor and representatives of his employees. 4 22 ,(5) "Disabled veteran" means a person entitled to disability compensation under laws ad iu' 'red by the..Veterans Administration for a disability rated at 30 percentum ,ore, or a in whose discharge or release from active duty was for a disability incur- - aggra d in line of duty. (6) "Veteran of the Vietnam era" means a person (A) w. (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty for service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 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 may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the natter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the no:: compelling circumstances such as situations where the needs of the Government cannot seasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the requirement of listing would other- wise not be in the best interests of the Government, a deviation from this subpart may be made, subject't:- she approval of the Secretary of Labor. Requests for any such deviations shall be addressee to the Assistant Regional Director for Manpower, U. S. Department of Labor, Employment and Training Administration, 555 Griffin Square Building, Griffin and Young Streets, Dallas, Teras 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. 12. DiS"LES a. Except as otherwise provided in the contract/subgrant, any dispute concerning a Stesti.oa of fact arising'under this contract/subgrant which is not disposed of by agree- ment shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his :ecisio: to writing and :nail or otherwise furnish a copy thereof to the Contractor/ Snl:grantee. The decision of the Prime Sponsor's Contracting Officer shall be final and clese unless within 30 says from the date of receipt of such cony, the Contractor/ +:b^re-.cse sails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a .ritten appeal a__res ed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capri- cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not - .suppe_ted 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 _ei:e:ce in support of its appeal. Pending final decision of a dispute hereunder, the Ccnt:actor/Subgrantee shall proceed diligently with the performance of the coatract/ subgreat and in accordance with the Prime Sponsor's Contracting Officer's decision. b. :his "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: • 23 Provided, That nothing in this contract/subgrant shall be construed as making final the decisie any`admiriistrative official, representative, or board on a question of 7 13. SL3.,.,..17RACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any Parts of this agreement. The Contracting Officer may, in his decretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COUP= ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 15. ORDER OP PRECEDENCE In the event there are inconsistencies or conflicts in the grant and/or contract, - cless otherwise provided, thereon,the inconsistencies shall be resolved by giving ?recedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2) The regulations as approved by the Secretary of Labor (3) Special Clauses (4) PMC 74-7 (5) FMC 74-4 (6) The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. motions passed by the Consortium Executive Board: June 13, 1974 - Each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas, and an approved Affirmative =tion 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 - area travel for any program have clearance by the staff. Septe=bur 22, 1977 - Allowance of up to 18c per mile for travel. Per diem rates for out DE to:. -n travel be established at a level equal to Federal per diem rates for all non-profit agencies. Governmental agencies shall pay travel expenses consistent with the policies a?proved by the respective governing bodies. 24 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. 25 ,EMENT FOR SPECIAL BANK ACCOUNT The Del Mar College hereinafter referred to as the Contractor; the unit of local government herein- after called the Program Agent; and First State Bank of Corpus Christi located at 1812 S. Alameda, Corpus Christi, Tx 78404 , 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 " CETA - Title VI Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of 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 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 evenkt 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. 26 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 First State Bank of Corpus Christi BANK COLLATERAL required, estimated maximum bank balance, FDIC based upon (excludi. is SIGNATURE DATE 10-1-79 coverage of $40,000, $ N/A CONTRACTOR USE TYPE NAME Terry G. Isenberg TITLE Vice President ADMINISTRATIVE UNIT CONTRACTOR'S NAME Del Mar College SIGNATURE DATE SIGNATURE DATE 10-1-79 TYPE NAME TYPE NAME Jean Richardson TITLE TITLE President 27 g 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 First State Bank of Name Del Mar College Corpus Christi (Signature) 10-1-79 (Date) Terry G. Isenberg (Type Name) Vice President (Title) (Signature) in -1-7q (Date) ,lean Richardson (Type Name) President (Title) 28 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. B.R. Venters, Vice President Finance and Business Affairs 2. Will the Accounting System be directly maintained by you? X Yes No (If No, who will maintain the account- ing system? Name and Address 3. Are you familiar with the Department of Labor Audit Requirements? Ed 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.) The accounting system is computerized and follows suggested fund accounting pro- cedures as outlined by "College and University Business Administration" and specific regulations and requirements dictated by the Coordinating Board, Texas College and University System. 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 Jean Richardson, President Telephone No. and Area Code (512) 881-6203 Signature 'Date of Execution 10-1-79 29 AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $900.00 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. 30 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. 1. Authorization to withdraw funds on this account is as follows: Checks for less than $1,000 must be signed by one of the following: Jean Richardson, President Aaron Seamster, Vice President B.R. Venters, Vice President, Finance and Business Affairs C.C. Kelly, Controller Checks for $1,000 and over must be signed by any two of the above. 31 INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. 32 'cO:::^ACT SIGNATURE SflG P CONTRACT NUMBER MODIFICATION NUMBER ?ROGR_i. __SENT: i y i.�f C s Christi CONTRACTOR: r B1 ff Independent School i. 8ox B�Zgi ��88 Waldron Corpus Christi. Texas 78408 Corpus Christi Texas 78418 This contract is entered into by the City of Corpus Christi herein after referred to as Program Agent '2d Flour Bluff Independent School , hereinafter referred to as Contractor. District The Contractor agrees to operate CETA Employment and Training Program in accordance with the provisions of this agreement. This contract consists of 32 pages, including this page, aid such other pravisaons 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 to the availability clause. A. CONTRACT PERIOD : This contract covers the period (date) from October 1, 1979 to September 30, 1980 Pict 3. MODIFICATION : This action increases decreases _ does not change , the Prime Sponsor obligation for this contract by (this action) $ to (new level) C. OBLIGATION : TITLE • 11-D FISCAL YEAR TOTAL -$ 56,100 FY 80 FY FY $ 56,100 Total $ 56,100 $ 56,100 APPROVED FOR THE PRIME SPONSOR DAY OF R. Marvin Townsend City Manager APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature) W.K. Clahnrn. Supprintpndpnt Name and Title (Prime Sponsor Use Only) APPROVED: DAY OF APPROVED: Director of Finance DAY of ATTEST: City Attorney City Secretary PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number 65. Special Project positions will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. D. The contractor agrees to adhere to the average annual wage of $7,110 as mandated by Issuance No. 92-79, dated May 29, 1979. 2 r PSE PROGRAM. SU/DIARY 2. CONTRACT NUMBER 1. CONTRACTOR LIAISON OFFICIAL Robert Richardson 3. TITLE II -0 4. CONTRACTOR DISTRIBUTION OF FUNDS AP'D JOBS 5. TYPE OF UNIT 6. AREA SERVED Flour Bluff Independent School District School District City of Cor- pus Christi 7. POPULATION 8.N0. OF JOBS 8 9. FUNDS $ 56,100 10. TOTAL 8 $ 56,100 11. OTHER ACTIVITIES 12. TOTAL 3 $ 56,100 (1) (2 r Flour Bluff I.S.D. PS IPATIONAL- SUMMi\RY Contractor: 2300 Waldron Corpus Christi, Texas OCCUPATIONAL TITLE BY EMPLOYING AGENCY NUMBER OF CETA MO. JOB TOTAL JOBS WAGE RATE DURATION •WAGES (A) (B) (C) (D) (E) TITLE II-D'POSITIONS• Library 3.10 p/h 1 537 • 12 $ 6,444 Cafeteria Assistant 3.10 p/h 4 537 48 25,776 Grounds Maintenance 3.10 p/h 1 537 12 6,444 Teacher Aide 3.10 p/h 2 537 24 12,888 • T' TAt 8 --- --- 551,552 F°TNGE BENEFITS 1. FICA @6.13% 2. Workmen's Compensation @4.28% per 100 maintenance 3,157 1,339 3. Other (Specify) .27% per 100 aide • 52 4. Other (Specify) 5. Other (Specify) Sub -total fringe benefits 4,548 TOTAL $56,100 4 U.S. Ilt:i'All l Id6NT l 1 I,A1lt1l Employmrnt oat Tial ant P S IZ OCCUPATIONAL SUMMARY JAME AND ADDRESS OF CONTRACTOR Flour Bluff Independent School District 2300 Waldron . . Corpus Christi, Texas '• 78418 4.• pf100fAM AGENT. EMPLOVINO AGENCY AND POSITION TITLE (A) I' 3. TVI'E OF PflOG GAM ("X" eppruprlete tox(rif e a ti • 0 • b. ❑ VI C. ❑ Spotlit! 0ovorllor'1 Ore d. P Other (Staab') Sub -Contractor • Flour Bluff Independent School District Non -Project Positions • • Positions Created Prior to 10/01/79 Library Assistant . Cafeteria Assistant Grounds Maintenance Teacher. Aide 3.:10 p/h 3.'•10 p/h 3.10 p/h 3..10 p/h . D. TOTAL NO. OF JOGS 1 4 1 2 8 i• . COMPAOADLE WAGE • (Cl ANNUALIZED CETA WAGE IP) $ 6,444 . • 6,444 6,444 6,444 • NON•CETA of WAOI JSALgIOI•Y lel 0 • 0 0 pERSONY¢ARS pMPLUYMENT PLANNED If) 1 4 1 2 TOTAL ANNUALIZED WAGES (Olr - R $ 6,444 6,444 6,444 6,444 In t:7n 72(10 (Alli. 1' CONTRACTOR'S NAME AND ADDRESS Flour Bluff I.S.D. ' 2300 Waldron . Corpus Christi, Texas• 78418 • 11.4. 1141•,111'1 0144 P 111+ LAM 11 I'wplunnenl antAthnlnldrJInn • C[:TA PROGRAM PLANNING SUAIMARY b. CONTRACT NUMBER e. GRANT YEAR From October 1, 1979 FOR REGIONAL OFFICE USE ONLY '1 F n CONTRACT KEY SSV 13'1 E } LL SE t 00. DATE hoz us o V a 2 MM 00• YY w O 0 C t 0 3 a s 617 ,C!1 i3p3 11 IcIOL 171!'x( 33y:j7? "'397 93, 3o d. TYPE OF I'ROCRAM • 1. �❑iTIuoR we 5. OTItle VII 7.'d Title IID 6. Ej Adml.n. Cost • To 7, 1:7. T lilt III Snocfly • September' 30', 198Q 4, {311111 v, 7. C7 Othe,r IT. 1. INS1RUCTIONS POR. COMPLETING SECTIONS I, II, ;mu NI A (Tola1 Enrollments) 13 the mm of AA and AA. 0 (Total Tn minatlonl) A the nem of 0,1 through • 11.3. C (Planned Fmollmenls) It A 1:1100! 0. Sec, Il: Enter In len. (a) Enrollment: In each program act vitt' tunmlaliveiy through the grant year, end In Ilne (b) the number of participant: planned to be 307011rd In each program activity al the end of 7114 quarter; p071131pinit who are concuurnity enrolled In more than one e611011y dlouid be taunted In tech 301101ly In which they are .enroIled. See, III; Enter the cumub:1Iva number of participant In each legmenl to be enrolled dottrel the gran yea. Participant: should be counted In al many 313011lcan1 :content group! 31 are applicable. • I, CNROLL1.lr.N-r ANO TCIIMINATION SUh1hMARY • GRANT YEA11•T04/ATE PLAN .• . • it. nCPo1 T 0 PCI110D A. TOTAL rNit DLL. MCN i5 1. Cnro11• ,Remy Ib11.•r. 5 2• Parttll• Penh enhf O4r 0. TOTAL TCn0t€NA• TIONS 1 1• Enlclhv Lnouyinai e. Dlrcel Hemet. b. Indlreel 1 Ie`n11, e. Gblalneu ehrn mal 0 7. Diner 1'u 111Ne 0 3. Nnn• P01111v1 1 C. 73.134430 OdnOLLL1t7Yrr (mid otIrM, 8 .. b D t r u c ! ,,... �_ , 1 1 7 JJ -.. ,.. .�.. 1•' c:.•af I.4 /, ::1:•(` 1?(': ., '.a J. '1' 1 a 7 q ...9..., 0 0 3 , 7 4 4 3 7 0 1 0 0 1 0 0 2 0 1 . 2 4 8 8 a s 11 n 0 0 317 1_ 3 41.7 . dol ., 0 31 ? 33 1 ' ' 11 , ab• 7i'•. \ r 7c ,• 7.1 z r27:,425 :d ]3 3G . ' 41' II. PLANNED CNIIOLL MEN IS IN I'IIOt;IIAM AC TI VI 111:5 A 1 0 12 L D C O 2 61 70111 (nrollmRnil 3 b) Currently Cnrnllod 7 a) T0131 Cnrnllnlrnll 3 b) Currently tenoned D 7 3 7 al To111 Enrollment: bl Cv,fonlly r.nrntred 11 10141 Cnrollmenit O 3 01 Currently Cnrolted 6 1 7 3 1 11 3 0 3 0 0 0 0 0 0 0 0 • ., i..:1. .yo:17: C D 1L/13311100M 7l1.4lN1110 On•1110•Job 1'114.:.enk. Pawn QYnt. Vut. Lu. 1'01nn'9 [IrylarynwlI n.--r-,•.gin+• 2 7 g 179 8 Q 0 8 .Q RO 11 a Work EY1•rloneo VITriTrIARTY 7E 70 31 8 17 20 43 411 IV, 0111411 ACTIVITIES (nntnronc. UPI Indicate other activItet tie 17117111 pe0groml on attach. mcnit, 136¢ribt their oln)nellws nod Psi milrtlonvr Iowan) Ihclr achieve:non: In o !quantitative or narrative p13171tln11031, 51GNIrICANT SEGMENTS ^ Ecgp. Di sad n Unp311p 10/17 O 111. SIGNIFICANT SEGMCNTC GRANT YCAfl•TO.OATC PLAN 0/311 SIGNIFICANT Iul 5CG1ACr4TS 17 7 G N GIIANT YLA11•TO.17ATC PLAN 17/31 3731 0/31 ' 0/30 6711 lel lot la) •c:- A K. 'CONTRACTOR'S NAME AND ADDRESS Flour Bluff Independent School District 2300 Waldron Corpus Christi, Texas 78418 D. ran nraIouAL OFFICE USE ONLY U.1. ticrAfITMcur or t.Anon 17mpluynuul .ltd Training AdoJulllnllnn 1UUOCT INFOIIMATION SUMMAf1Y October 1, 1979 -September 30, 1980 :I U .I.1 2 1 0 3 CDNTIIACI ICEY 6 J g 2 d MOD. DA E MM DD VY 1• 6 9 10 11 12113 14 15 I2 17110 19120 21 22 23 74123 26 27 2A 39 30 E. nUDOET SUMMARY COST CATEOOIIIES 11' CONTRACT NUMBER C. TYRE OF P0001IAM 1. L_/ Title II -B&C 2. a/ Title II -D 3. L_/ Title III - Specify 4. L_/ Title 5. L/'Title 6. L-/ Admin. 7. Q Other Vi.. VII C•o s t 0210.247 l'nOCQAM F DUCT 26N 012 ACTIVITY L Adndnblullon 2.. Allowanc,. 3. Wager 4. Fang. 0cu.1121 5. Training 6. Set,Ire, (1 7. Totals !l: 5T MAI EU U71CX1 CND 26 0 .7. 2 3 2 4: 44 .' 53 Y, io 62 A. 11CW DA DEVISED O J. rrde,al 21 2G r-anre 35 $ 51,552 4,548 $ 56,100 111311E7 1. Hong' rderal 1. 105AL Ot u $• 56,100 43 v F. CUMULATIVE OUARTEIILY rnOJCC1 IONS 01 OULICATIDNS At EXPENa1TI11t ES (Far aunrtnr Fndln —-.,.. 1 2 17 3 21 22® '` -� 24 2' 7 2 2 T. ! n 3 21 2' 27® 2: RS 1 2 0 3 f ,._ 26 3 ®27®23 �15�1EA $ 42,075 1 2] I_''. a A, T 1 i^ ~r 3 3 4.1 53 2112_. 2321 2'I_ M�e�� 7 —1� 26 1_56,100 56,100 • 1. ('Ante Sponsor 011111410M _ 0 ' ;j' 3 as 26 $ 18,700 ..!_ 26 3 $ 28,050 2. Told 1,0112led Exp.ndlluret by Program 18 700 d 17 3: 23,050t4 ,,t }? ,ti 3 42,075 a. Clarroant Tlalnl)tg. crime Spnmor •> t i � 44 53 j• r }j .tt• 4' 41 b. On•Ili,Jnb Tralnit >7 3• f !%. A6 is SJ ':) Ili c. Public 5ervict F.n)ploymenl )1 it ?.'1+„ 62 '71 18 700 ii L6, it ii 1 2 62 23,050 6 42,075 j I, s l• 62 71 56,100 d. Work E,perIonca 71 -�� fry 3 2c "1 UM ��1••_iYrY 2 la 11 1 I 2 n; ;T.; ,'/"' , • : f d• 71 a. Servlca to rullolpudt 12 3 2G .' iµ„ L'. 3 :6 t.' t kIi7(I'1Ci i 2 a T; T' 3 36 44• 26 'l .' '. V/Y61 .' % r 11 (1 F '7l, ,'• }. t r jl' 4 1. Mu Aallvllla at ' '4 :44 1. r i , i� •�7 a 35 53 52 ... i 75 317 3 3. t'rclteled Capmidltluet for Vneallunal Ed. Ii iptd,l Wrulr to OnoNnort a1 i4 } J, ' :r r 4. renlecled r:.pendlltntt of 110iatd. Flnnit s3 33 4,9.. )2 2r. •�' s:. 5.1 r,2 •';�'_•" --__. 3. Order red. Funds, liol In Mbne Spon. (5m2. A tt.....1 n•.�w n.,.t.a.a t......t.... _. 1 -T";:" .,. -..... -'-'1' a• I} ., 97 .. ,... _-_ c' +') 3 x---- --- S O,AwTM_NT 9,7 Law mPloym-ntSn3 Tr ,lrty AOTIn1>mU0n CETA MON i J 1 Y S( ffEiJU F -Y CONTRACT NUMBER p_ TYPZ OP PROGRAM (-2:-o...) igat - n Qv. • 0 Grant to Go,..mon CONTRACTOR'S NAME AND ADDRESS Flour Bluff Independent School District 2300 Waldron Corpus Christi,:Texas 78418 FOR RCGIOHALOirICS USi Or14•/ GO; VTRACi- )t -Y t E G Z az 07 UU — of 11 .1 1 1 1 1 I 'A 6171a 1911O�16131 zci21 '1. MONTI.. ENO o' MONT1+ .• M. Panialcr _ _ --- - CUa•1UATIv3 ;• L • U PI-iNN:=O CURRENT ENROLL.M �1•IT—pcYNO1TURE3 aBY, MONTTt Non -Project Jobs . Pro-lects j '1 22• T 1 0 1 sS1 g 26. • 8 - i ` 1`30 1 1 . 4.675 • 1 11 1719 8 0 9,350 1 121719 8 0 14.025 . o1T1810 8 0- .18,700 0 1 2 1 8 1 0 8 0 . 23,375 • o 1 3 18 10 8 0 ..28,050 0 141810 - 8 • 0- 1 32,725 0 151810 - 8 0 - 37,400 . o1s1810 8 0 42,075 o 1 718 10 . 8 , 0 46,750 . o 1 8 1.8 10 8 0 . 51,425 o ll 9 1-8 10 0 •0 $ 5Cr,100 1 1 1 . ! 1 1 • 1.1 1 - . • 1 1.1 - . • ETA 22029 LAW: 1979) CONTRACT NO. STANDARDS OF PERFORMANCE The Flour Bluff Independent School District will perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employment and Training Act of 1973 and its amendments as published in the Federal Register, Tuesday, April 3, 1979, Volume 44, Number 65 - The program agent 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. 9 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. 10 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 enlployment 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 - suit of Federal and Federally -assisted programs. 11 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. 12 ASSURANCES AND CERTIFICATION The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Flour Bluff Independent School District 2300 Waldron Road. Corpus Christi_ Tx Legal Name of Applicant Address Mr. W.K. Claborn, Superintendent Signature of Authorized Officer Typed Name & Title of Authorized Officer October 1, 1979 Date of Application 13 SPECIAL CLAUSES a The Prime Sponsor's Contracting Officer may, at any time, without notice to sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this tract, in any oneor ofthe ffo11oeing: (o)(1) drawings, designs, or specifications; method manner ofperformance .the work; (3) in the Government—furnished facilities; (4) method of shipment or p or (5) place of delivery. der or an oral order (which terms as used in this paragraph b. Any other written orinstruction, interpretation. or determination) from the Pb) shall include direction, s ?rime Sponsor's Contracting Officer, which causes any such changes as enumerated in a ova, shall be treated as a change order under this clause: Provided, that the Contractor/ 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 Prime 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 charge under this clause causes an increasesorcdecrease parte im hefCont actor's/ Subgrantee's coat cf, or the time required for, the pe under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the eounder (b) above shalld in ibeng alloweddforrlany costsded, inc rredver, That more than n0 claim for any change ualto 20 days bafore,the Contractor/Subgrantee gives written notice as therein required, And or ch e is responsible, :he equitable adjustment shall include any provided further, -'-hat in the Casa of defective specifications for w icstthe P ri a Spo�or incurred by the Contractor/Subgrantee in attempting to comply with such defective speci— fications. e. If the Ccntractor/Supgrantee intends to assert a claim for an of a writtenle a _ order above, neat wader this clause, he must, within 30 days after receipt a ten le mit to the 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 the and monetary extent of such claim, unless this period is extended by Prima Sponsor. Wnatsor. The statement of claim hereunder ray be included in the notice under (b) ere the cost of property made obsolete or excess as the result of a change is included in r Contractor's/Subgrantee's claim for adjustment, the Prima Sponsor's Cntrcting shall have the right to prescribe the manner of disposition of such property. f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall after final payment under this ccntract/subgrart. ':e.al: ,:ei if assn=='=d Failure to agree on the terms of any equitable adjustment shall be a dispute `g uection of fact within the meaning of the clause of this contract entitled concerning a 9 ' "Disputes." the Prime Sponsor's Contracting Officer in h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding or withrithe eithercbys(1) iss as changed a by o a)Officerov o£ ,.citing, either by (i) issuance of a written charge 4cdc�'o seContxacti o(a)above, (ii) issuance of a written confirmation by the Prime Sp above,nrresulting from an the written notice require o Ofthe ContractingOfficer. in (b) oral order by the Prime Sp • 2. NONDISCP.IMINATION 14 the policy of the Executive Branch of the Covernment that (a) contractors and su .1ractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connec,_ 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 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accor- dance with the limitations imposed by 29 CFR Part 1500, Subpart C. 4. EQUAL,OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The Co._ractor will r t discriminate against any employee or applicant for • employment because of race, color, religion, sex, or national origin. The contractor will take affirmative antic= to ensure that applicants are employed, and that employees are treated during eeployne^t, without regard to their race, color, religion, sex, or rational origin. Such action shall include, but not be limited to the following: Employment, upgrading, de - a-, or transfer, recruitment or recruitment advertising; layoff or termination; rices of pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to erployees a:d applicants for employment, notices to be provided by the contracting of=icer setting forth the provisions of this nondiscrimination clause. (2) The c --ractor 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 byithe agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 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 Septa bur 24, 1965, and of the rules, regulations, and relevant orc'era of the Secretary 3E Labor. (5) The contractor will furnish all information and reports required by Fxecutive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records. • and 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 r of this contract or with any of such rules, regulations, or orders, this contract nay 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 Septebber 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. 4 15 (7.) "e contractor will include the provisions of paragraphs (1) tnrouga every f tract 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 September 24, 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 purcha.e 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 agey, the teecontractor r oaytrequestet the etates. United States to enter into such litigation to protect 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 minimum rata 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 to trnee Trainees or enrollees will uot beterminatid ws ithout tpprior rioranoticeptrftb tra and or enrollee and reasonable opportrtityfor consultation with the Contracting Officer by the training facility for substandard or unsatisfactory p -egress or co-dcct. Termination of trainees or enrollees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargaining agree -meet, 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 performance of work under the contract/subgrant may be terminated by the Prima Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor/Subgrantee shall default in performance of this contract/subgran` in accordance with its teres (including in the term "default" any such failure by the Contractor/Subgrantee to make1progress icutethe such prosecftion oft of the a e work ea hereunder as endangers such perfornce), 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 determi:e that such termination is in the best interest of the Prima Sponsor. Any such termination shall be effected by delivery to the Contractor/Subgrantee of a Notice of Tegrin attic t spec!_fying whether terninatioa is for the default of the p:rforean=e of vo: u ore for tha convenience of the Prime Sponsor, the extend to which perforanca of worm under the contract/subgrant is terminated, and the date upon which 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 was not in default pursuant to (1), or that the Contractor's/Subgrantee's failure to perform or to hake progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor/Subgrantee pursuant to the he p rsicrs o= the clause of this contract/subgrant relating to etcVsab1e dela rights he Notice of Termination shall be deemed to have been issued under'(2) obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the - Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall: 16 ,top work under the contract/subgrant on the data and to the extent specified in the -ce of termination; lei Place no further orders or subcontracts for materials, services, or facili except as may be necessary for completion of such portion_ of the work under the contra..../ 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 outstaading liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant. (6) Transfer title_ to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (which, the.completed or partially completed plans, drawings, information, and other property if the contractis_bgraut had been completed, would be required to be. furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or nanclactured for the performance of this contract/subgrant for the cost of which the Contrafor/Subgrart=e has been or will be reimbursed under this contract/ subgrant. (7) Use his best ef_`ortt to sell, in the manner, at the times, to the extent and at the price or Prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor/ Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) nay acquire any such property under the conditions prescribed by and at a price orppt the es approved by the Prime Sponsor's Contracting Officer: And provided further, h eats proceeds of any such transfer or disposition shall be applied in reduction of any p ym to be made by the Prins 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 oCompletenperformance-o manner suchapartthe ofPrime the orkSponsor's Contracting asshallnothaveOfficer direct; terminated (8) P by the Notice of Termination; and (9) Take such acacia as may be necessary, or as the Prime Sponsor's Contracting - Officer nay 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 with the performance of the above obligations notwithstanding any delay in deterninirb, or adjusting the a_ou`t of the or any item of reimbursable cost, under this clause. At any time after expi-ratioa of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Pegulations (41 CFR 1-8.1), es the definition nay be amended from tine 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 Prima Sponsor's Contracting Officer, and nay request the Prime Sponsor to remove such items or enter into a storage•agreertent covering them. Not later than tifteen (15) days thereafter, the Prime Sponsor will accept such items and remove then or enter into a storage agreement covering the same: Provided, That the list submitte shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the iteus or, if the items are stored, within fort;-five (45) days from the date of sub- mission of the.list, and any necessary adjustment to correct the list as submitted shall be rade prior to final settlement. 17 c. After receipt of•a Notice of Termination, the Contractor/Subgrantee shall submit to'tfv ye Sponsor's Contracting Officer his termination c]aim in the form and wit' '1e certi Lon prescribed by the Prima Sponsor's Contracting Officer. Such claim sh: sub.ittea promptly but in no event later than one year from the effective date of to 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 thereto. 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 may, subject to any review - required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason 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 nay 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 Werk 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 failure of the Contractor/Subgrant and the Prime Sponsor's Contracting Offices to agree in whole or in part, as provided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor/Subgran=ae in connection with the termination of work pursuant to this clause, the Pre Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant , determine, an the basis of information available to him, the.amount, if any, due to the Contract::,/Subgrantee by reason of the termination and shall pay to the Contractor/Subgrantee the amount determined as follows: (1) If the eettlement includes cost and fee - - (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract/subgrar_t not previously paid to the Contractor/Subgrantee for the performance of this contract/subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter - with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, 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 the terminated portion of the contract/subgrant; (iii) There shall be included in the reasonable costs of settlement, including - -:coeeei .; leg:&i, ci.aticai, and other expenses reasc ably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract/subgrant and for the termination and settlement of subcontracts thereunder, togethee with reasonable storage, transportation, and other costs incurred in connection with t'rc protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor/Subgrantee there shall not be included ry mounts for the preparation of the Contractor's/Subgrantee's settlement proposal; and r (iv) There shall be included therein a portion of the fee payable under the coatra;:t/subgrant determined as follows: (A) Ir. the event of the termination of this contract/subgrant for the conven:.ence of the Prime Sponsor and not for the default of the Contractor/Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage ofetthe com- pletion of work contemplated by the contract/subgrant, less fee payme- p co hereunder; or 18 (B) In the event of the termination of this crntract/subgrant for the def --•1t of 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 sucl, 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 Prim. 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 Prima 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 a=ce -t due the Contractor/Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor/Subgrantee, applicable to the terminated portion of this contract/subgrant, (2) any claim which the Prina S,ot;or ray have against the Contractor/Subgrantee in connection with this contract/subgramt, end (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or ether things acquired by the Contractor/Subgrantee.or sold aursuaat 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 than continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to time, under such terms and conditions as it ay prescribe, rake partial payments and payments on account against costs incurred by the Contractor/Subgrantee in connection with the terminated portion of the contract/ subgrant 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 _titled `.'ereunder. If the total of such payments is in excess of the amount finally __te i:.._•: to be ..u_ enter -thin clause, such excess shall. be payable by the Contractor/ ._ __beeac to the Prima Sponsor upon demand, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: Provides, however, That no interest shall be charged with respect to any such excess paynant 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 Prise Sponsor's Contracting Officer by reason of the circumstances. (j) The previsions of this clause relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. S. TEMINATION FOR CONVENIENCE 19 The provisions et forth in this clause 9b shall gov: rn in lieu of clause is snuuiu this c -:t/subgrant be for experimental developmental or research stork and the Contra, Subgrantee in an educational institution or other nonprofit institution or 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 Prins Sponsor. Tertination 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- ination 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 ceritments 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 clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the :rime Sponsor's Contracting Officer, all of the right, title, and inter- est of the Contrnntor/Subgrenze= under the orders and subcontracts so terminated, in _ which tate the ?rime Sponsor shall have the right, in its discretion, to settle. or pay any or all claims arising out of the termination of such orders and subcontracts. c. The Contractor/Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more exten- sions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Subgrantee 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/subgrant, determine, on the basis of information available to him, the amount, if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. d. Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract! subgrant. _. Subject to the provisions of paragraph (c) above, and subject to any review requir ?rime Sponsor's contracting agency's procedures in effect as of the data of executio: : ;, the __ Prime Sponsor's Contracting c:. this coca.=actJscbgrart the Contractor/Subgrantee and the � Officer ray agree upon the whole or any part of the amount or amounts to be paid to the Contractcr/Subgrantee by reason of the termination under this clause, which amount or aronnts ray include any reasonable cancellation charges thereby incurred ylthe e Contractor/ Subgrantee and any reasonable loss upon outstanding commitments for personal which he is unable to cancel: Provided, however, That in connection with any outstanding rcotcer.ts for personal services which the Contractor/Suhgrantee is unable to cancel,•the Ccntractcr/Subgrantee shall have exercised reasonable diligence lbdi ertdied suah is commitments to his other activities and operations. Any such ageement arcd_>_nt to this contract/subgrant and the Contractor/Sub rantee shall be paid the agree arount. 20 f The Prime Sponsor may from time to tine, under su_h terms ana couu,i�.eeee ' may r ibe, make partial payments against costs incurred by the Contractor/Subgrantee in co _ion with the terminated portion of this contract/subgrant whenever, eneuch payments within eh opinion of the Prime Sponsor ContractingeOfficer, the aggregate within the amount to which the Contractor/Subgrantee will be entitled hereunder. If _.:e total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor/Subgrantee to the Prime Sponsor at the rate, of 6 percent per annum, beginning 30 days from the date of such demand. g. The Contractor/Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the tines, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to the•Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information.;. and (2) ;aterials or equipment produced or in process or acquired in. connectionrncithnationh e performance of the work terminated by the notice. Other than the above, any inventory resulting from the termination of the contract/subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor/ Subgrantee under the conditions prescribed by and at a price or prices approved by the Prize Sponsor's Contracting Officer. The Proceeds of any such 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 work covered by this contact/subgrant 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 Co=tractor/Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation oC the Iter/Surelated and inthis whichcontract/subgrant Sponsorwhich hassin the or may acquire possession of t: e- Contra_ctcri�' 'o - an interest.' 9. CONSTRJCTIO:: TD BUILDING teEE13ILITATIO\ The subcontrector 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 shallobetauctie dministered under the guidelines of A-102 and parts of Paragraph IV, applicable procurement. 13. L_STING OF EM?LOYMENT OPENINGS (finis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or more.) a. order to provide spacial enphaeis to the employment of _.. isabiedtvr agrees, is p that all suitable employment -,•=�cisabled veterans and vatera.s of the viatnam era, of the c retractor which exist et the tire of the execution of this contract and thosewhich occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one eeaoee wherein the contract is being performed but excluding those of independently op corporate affiliates, shall be offered for listing at an appropriate local office of the State erploytent service system wherein the opening occurs and to provide such reports r tc. such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10;000 or if it with a State•:or local government the reports set forth in paragraphs (c) and (d) are not required. b. Listing of employment openings with the employment service system e puursuantt stovtthis clause shall be made at least concurrently with the use of any other or ef.fcrt and Shall involve the noraal obligations which attach to the placing of a bona fide jo' order, including the acceptance of referrals of veterans and nonveterans. 21 This listing of employment openings does not require the hiring of any particular job applic or from any particular group of job applicants, and nothing herein is inter',d • to re the Contractor from any requirements in any statutes, Executive orders, regul, As 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 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized represent- atives of the Contracting Officer or the Secretary of Labor. d. Whenever the Contractor becomes contractually bound by the listing 'provisions of _ this clause, he shall advise.the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractu=ally bound to these provisions and has so advised the State employment systems., there is an mead to advise the State system of subsequent contracts. The Contractor may advise the Stat_ system when it is no longer bound by this contract clause, e. This clause does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and :is Virgin islands. f. This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer - union hiring ar=angemert. This exclusion does not apply to a particular opening once an -employer decides to consider applicants outside of his own organization or employer - union arrangement for that opening. • g. As used ia this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and ninproducrion; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full-time employment, temporary employment of moire 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 cuatomary and traditional employer -union hiring arrangement. ^.) "•_;•rropriate office of the State employment service system" means the local office -_deral-State national sysnm of public employment offices with assigned responsi- bility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his - own organization" mesas employment openings for which no consideration will be given _ to persons outside the Contractor's own organization (including any affiliatea,-sub- •si-diaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) `Openings which the ton"tractor proposes * * to fill pursuant to a customary and traditional employer - union hiring arrangement" means employment openings for -which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and tradi- tional hiring relationship which exists between the Contractor and representatives of his employee:. • 22 (5) "Disabled veteran" means a person entitled to disability compensation under laws 'ad ia9 •d by the Veterans Administration for a disability rated at 30 percentum or -,re, or a p .whose discharge or release from active duty was for a disability incurre aggravac..0 in line of duty. (6) "Veteran of the Vietnam era" meads a person (A) wh. (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (1i) was discharged or released from active duty for service connected disability 1f any part of such duty was performed after August 5, 1964, and (B) 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 ray 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 he promptly referred through the Assistant Regional Director for ;Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and :equ=ations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this tract. 11. DEVIATIONS Under the mc.: compellit3 circumstances such as situations where the needs of the m Goverent cannot reasonably be otherwise supplied, where listing of employment openings would be contra,-; to national security, or where the requirement of listing would other- wise not be inrbest interests of the Government, a deviation from this subpart may be -rade, subject tcthe approval of the Secretary of Labor. Requests for any such deviations shall be addressedto the Assistant Regional Director for Manpower, U. S. Department of Labor, Employee-_ and Training Administration, 555 Griffin Square Building, Griffin and Young Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. 12. DISPUTES a. incept as otherwise provided in the contract/subgrant, any dispute concerning a question of fact arising under this contract/subgrant which is not disposed of by agree— s,...t shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his :acision to writing and nail or otherwise furnish a copy thereof to the Contractor/ _:b gra. tee. The decision of the Prim Sponsor's Contracting Officer shall be final and r•_s_.: unless .'ithia 30 days from the date of receipt of such copy, the Contractor/ ::1,7rer.__e mailsr otherwise Burnishes to the Prime Sponsor's Contracting Officer, a' ._i=tan appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officerfor 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 ife:ce in support of its appeal. Pending final decision of a dispute hereunder, the tcr:.,_rctor/Subgrantee shall proceed diligently with the performance of the contract/ subf,:a::: and in accordance with the Prime Sponsor's Contracting Officer's decision. h. This "Disputes" clause does not preclude consideration of law questions in ccr.^.ecti-cn with decisions provided for in paragraph (a) above: 4 23 _rovided, That nothing in this contract/subgrant shall be construed as making final the 2.ecision " any administrative official, representative, or board on a question of lav 13. Sb3C. „ACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- zontracting any parts of this agreement. The Contracting Officer may, in his decretion, ratify in writing any such subcontract; such action shall constitute the consent of the :o:etracticg Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of _ny actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and adtinistration of the CETA Program. - 15. ORDER OE PRECEDENCE - In the event there are inconsistencies or conflicts in the grant and/or contract, Bless otherwise provided, thereo=,the inconsistencies shall be resolved by giving :recedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2) The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FMC 74-7 :5) F"C 74-4 (6) The Comprehensive Manpower Plan as stated in the grant as applicable :3 each title. - :6. Notions passed by the Coos ---4”m Executive Board: June 13, 1974 - Each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas, and an approved Affirmative .-._:io_n Plan. June 17, 1974 - Out -of -area travel for each program not exceed $25 per day. June 2, 1975 - No contractor exceed 177 for administrative cost and A11 out -of - _=ea travel for any program have clearance by the staff. Seotetbar 22, 1977 - Allowance of up to 18C per mile for travel_ Per diem rates for out town travel be established at a level equal to Federal per diem rates for all non-profit -_encies. Governmental agencies shall pay travel expenses consistent with the policies =_pproved by the respective governing bodies_ - 24 • 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. 25 AGREEMENT FOR SPECIAL BANK ACCOUNT The Flour Bluff Independent School District hereinafter referred to as the Contractor; the unit of local government herein— after called the Program Agent; and First National Bank of Flour Bluff , a banking corporation located at 10333 P.T.D. Corpus Christi, Texas 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, designatedlas the " CETA II 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 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. 26 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 First National Bank of Flour Bluff BANK COLLATERAL required, based upon estimated maximum bank balance, (excludii FDIC coverage of $40,000, is $ N/A SIGNATURE DATE 10-1-79 CONTRACTOR USE TYPE NAME Barbara Greger TITLE Cashier ADMINISTRATIVE UNIT CONTRACTOR'S NAM SIGNATURE DATE SIGNATURE DATE 10-1-79 TYPE NAME TYPE NAME W.K. Claborn TITLETITLE Superintendent 27 g 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 First National Bank Flour Name Flour Bluff I.S.D. Bluff (Signature) 10-1-79 (Date) Barbara Greger (Type Name) Cashier (Signature) 10-1-79 (Date) W.K. Claborn (Type Name) Superintendent (Title) (Title) 28 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. Armando De Leon Chief Accountant 2. Will the Accounting System be directly maintained by you? Yes I No (If No, who will maintain the account- ing system? X Name and Address Flour Bluff I.S.D. 2300 Waldron, Corpus Christi, Tx 3. Are you familiar with the Department of Labor Audit Requirements? X I Yes [l 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.) E.S.D. Automated Batch System 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 W.K. Claborn, Superintendent Signature (512) 937-1486 Date of Execution 10-1-74 29 AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $4,675 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. 30 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. W.K. Claborn Ritl Richards Nat S. Qualia 31 I_tSURANICE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. 32 C i4R.W, SIGNATURE SHEET__ CONTRACT NUMBER MODIFICATION NUMBER J_ - PROc% .Nr,; City of Corpus Christi CONTRACTOR: Lulac Education Service Cente, P.O,_ Box 9277 702 Morgan Corpus Christi Texas 7840A Corpus Christi, Texas 78404 This contract is entered into by the City of Corpus Christi herein after referred to as Program Agent and lilac Education Service Center, 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 32 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 to 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 II -D FISCAL YEAR - TOTAL $ 37,800 FY 80 FY FY $ 37,800 Total $ 37,800 $ 37,800 APPROVED FOR THE PRIME SPONSOR DAY OF BY: R. Marvin Townsend City Manager (Prime Sponsor Use Only) APPROVED: DAY OF Director of Finance ATTEST: r City Secretary APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature) Hector Mendez, Field Center Director Name and Title APPROVED: DAY of City Attorney /X1/ - LD<< PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number 65. Special Project positions will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. D. The contractor agrees to adhere to the average annual wage of $7,110 as mandated by Issuance No. 92-79, dated May 29, 1979. -2- PSE PROGRAM SUMMARY 2. CONTRACT NUMBEP. 1. CONTRACTOR LIAISON OFFICIAL 3. Title II -0 Hector Mendez 4. CONTRACTOR DISTRIBUTION OF FUNDS AND JOBS 5. TYPE OF UNIT 6. AREA SERVED 7. POPULATION 8.NO. OF JOBS 9. FUNDS Lulac Educational Service Center Non -Profit Organiza- tion City of Cor- pus Christi 4 $ 37,800 10. TOTAL 4 $ 37,800 11. OTHER ACTIVITIES 12. TOTAL -3- $ 37,800 (1) (2) P' `CCUPATIONAL SL'MARY Lulac Education Service Center Contractor:702 Morgan Corpus Christi., Texas (CCUPATIONAL TITLE BY EMPLOYING AGENCY NUMBER OF CETA MO. JOB TOTAL JOBS WAGE RATE DURATION WAGES (A) (B) (C) (D) (E) College Placement Specialist Assist. 3.40 2 589 24 . $14,316 Clerk Typist 3.40 1 589 12 7,068 Offender Counselor Assistant 3.40 1 589 . 12 7,068 • TOTAL 4 -- - ' $2:272 FDT'7rE BENEFITS 1. FICA @6.13% 2. Workmen's Compensation 71% professional, .26% clerical $1,733 3. Other (Specify) Group Insurance for 4 employees 4,300 4. Other (Specify) _ 5. Other (Specify) Travel 3,315 Sub -total fringe benefits 9,528 TOTAL $37,800 -4- P S G OCCUPATIONAL SUMMARY NAMc ANo ADDRESSoF CONTRACTOR Lulac Education Service Center 702 Morgan Corpus Christi, Texas •78404 3. TYPE OF PROO DAM 1'X" a:Prcirlole boxier)) a. ] 11 • D b. ❑ VI c. 0 Speck) Oo d.17 Oumr (specify) omor's 4. PROGRAM AGENT, EMPLOYING AGENCY ANO POSITION TITLE (A) NO. OF JOBS (ni , COMPARABLE WAGE ANNUALIZED cera WAGE NON•CETA ,SUPPLEMENTATION- ' CIF WAGE/SALARY rERSONYEARS ON • EMPLOYMENT PLANKED •TOTAL ANNUALIZES WAccs (c} (a1 1E1 (F1 (al Sub -Contractor Lulac Education Service Center Non -Project Positions • Positions Created Prior to 10/0.1/79 • Clerk Typist College Placement Specialist Positions Created On or After 10/01/79 College Placement Specialist • • Counsr;lor•Assistant • 1 1 1 1 $ 7,068 • 7,068 •7,068 • 7,068 • •0 0 0 • •0 1 1 1 $ 7,068 ' 7,068 • • 7,068 • G. TOTAL 4 0• • 4 7,068 e' CONTRACTOR' S NAME AND ADDRESS Lulac Education Service Cehter 702 Morgan • Corpus Christi , Texas '78404 17.0. 111.I'Alt'I 7II:N 1 111 I•AIII111 i•u+pluvuronl and 1'rlin(uy Admlul,lrnlinll C(iTA PROGRAM PLANNING SUMMARY U. +..Ute 1175,41 1\ U:'W L' 1t c, GIIANT YEAII Prom October 1, 1979 FO71 11CCIONAL OFFICE USE ONLY an 1'. 0 CONTOACT SS 4 a lc 01 I(CY d 7,00.13/179 ttE n vd rtrd DO• YY L' lo AIL 16[1.1L1 1.12:j11124T1n1M d. TYPE or PROGRAM )• C]Tiro)I we 5. DTitle VI 1 2,'16 Till, IID 5, o Adml.n. Cost To y, CI III Snaclly ('September 30,• 1980. 4, cyTrlte vi 7. 0 Othe,r INSTRUCTIONS ran COMPLETING SECTIONS I, 0, ANL: 111 u • Seo 1t A (Total Enrollments) Is the rum o) 17.1 and Ad. 0 (Total Telmhlallosn) Is. the sum or 13.1 through ° 13.3. C (Planned Enrollments) It A ndnus 7). 7- 0 1c Sec. II: Enter In line (a) Enrollment, In each program 30 vhy cumulatively through the grant year, end In line (b) the number of parlletpanl! planned In be enrolled In each program acllvhy at the end of each quarter? parllelp;nts 70)770 71) continently enrolled In more than one activity should be counted to tech ectivlly In which they ore ,enrolled. Sec. 1111 Enter Il7r cvmulnllvo number of pnrticlpnnts In each acgment to be enrolled durrr.g the grort Trac, Participants should Le counted In as many algnIllcant acgmenl groups as are applicable, • 1, ENROLLMENT AND TEf)AINATION SUMMA77Y • • CnANT YEAR•TO•DATE PLAN' • , m ncroltT O PC711oD 71' TOTAL rwnoLL• M9N r5 1. Enron* mint. n+hyr. 3. 206;1767• nano r Over __i0 0. TOTAL TCfMINA• TIONS I. Cn1erY+9 Ln5,,Vrrn+' a. Olreel runny, b• IndlreCt Month. •C. e. Obtained enpla/mo7 7. Other 0ulltiva 0Nnn• 17)1nva PLANNED 0 r0LLj11INt� (end of Clrrfia c r 0 I.1 1 -� 1 t -.._....._.—.—_.��__...__�..,-...-,e • , r:%' / " : ?— _.•c_ L 7 018Il a ° r 8.71 877 4 .__.. 161 O .. __.O bl Currently Enrolled O__. O _.. 0 _ 4_.. 5 4 1 1 7 �".._..0_ Il 0 0 1 ;. 4 5 5 4 1 1 0 0 0 0 0 1 4 4 4 1 5 0,;r"`".-4Gi, 3 0 51 2 09 1 0 —'2 0 017. I. 55 273 7t • 760 . 0,t'}• .' aL )i' ' ac ' II. PLANNED CNIIOLLMIiN 10 IN 1'110011AM AC fIVI I'II:S , A 71 C o C ' CLASSnoOM TitVean; 011.I1o400 1'!.U,,1n0 rub. .71.0. pnpbrynx.lt Wort. [rink:Ice t= SCnrnlirnenil 717,0, 9070,;. Voc. ca. la) Pal 7 Toll? 7 7 72 161 9 7 bl Currently Enrolled 1 n 4 n 5,10/12 Unehw U 7 a) Total Enrollments Il ,7_....9 1 an r D C 7 b) Currcnlly Enrolled 0 3 Li 0 4 _ 0 61 70111 rof.11,,nl, 0 G 8n 7 C�_` 4 I D 7 7) Currently EnrolledEnrolledpned 0 G ,r 'l D 7 al Total Enrollments 0 9 $1) 0 7 0) Cunn+ny Enrolled 0 9 8 5) Q 76 741 44 • I 7 3 '• ,V i•, ....".:77 7•)7:'151,711 71 IV, 011 111 1 ACTIVITIES Melamine.,• 777.1 Indlcnly other 067101tet !r speelo) programs on eltoeh. merit!, Drrerllte 111717 oh)netiws ant 11,1 rnOnIonvr towa111 shah oeh)etammlt In IlunntlolIvo 01 nng61109 prcannlnllon, III. C:GNIrICANT SEGM[NTC , mull-lc/INT SEn MENTS 0RAN0 YCAf0,T0•)JATG I'LAN SIONIPICANT SCOMCNT5 (17)ANT YCAII•T0•0ATC PLAN 17/11 7/71 r'/JI) ,1/711 1P/31f./30 70719/16 la) Pal 7c) 5 IW . „ 5 (0l Ibl 161 Ids Econ D'isad 4 _.. 5. r ..�� ._.....eR n 5,10/12 Unehw n D ('7 D 7 r J• ;ONTRACTOR'S NAME AND ADDRESS Lulac Education Service Center 0.5. LaerntlTN NT or t.nn(n Employment and Training Adudnldratlnn 77, CONTRACT NUMBER . 702 Morgan Corpus Christi, Texas 78404 ODUQGT INFORMATION SUMMARY October 1, 1979 -September 30, 1980 r,. rYPC or rnoUllMl 1: L,/ Title II—D&C 4. L_, Title 2: L_x/ Title /I —D 5: L_/' Titic 0. FOn fCUIONAL OFFICE USE ON1 Y 24 27 7 t 2 a:1 CONTIIAC1' I(EY 2: 23 n. M00. DA c— E :i: .- 3Bfi 3. L_/ Title III - 6. L_/ Admin 25 a -<m • a 31[2,, 37.800 23 24 I, -7 1 d z „41 0 k 7,1 62 T7, •14- y'j :i'' it'll 1 2 z 26 $ 9,450 0 -_ 26 3 $ 18,900 1- O T' ,, 't Specify . 7.C7 Other o„ d 3: 18,900 'T'4 . ri;•� r g z 'rC d1 - 44 MM 110 YY E 12 1 2 0 3 4 _________ 5 6 7 E 0 10 11 12 15 14 15 16 17 16 _ 17 20 _ 21 22 23 24 25 26127 _ 27 20 30 71 C. 11U0GET SUMMARY COST CATEGORIES J. (WANT I'noann6t FUNCTION 011 ACTIVITY =,......,:c•=,,,-...=:....-=..,......,=....-! Arlminlrirallon EST MA1E0 UNEXI CNOEI] rUNI)S FlCW On nCVISEU UU0(ET - (. TOTAL i....,,.---a-,...--'�Ti."I tl.s:r..w,,y_,. 3,^•;.r .r_', r�.. .�• eC: 'kQ �,..v � .}: )..• sY j•,,;•. .Y .. -,0.`•.,:::..,+,.. .Fl 'i% ,s 'ill, -,or ;s• 1 ;} '7 l�. i ..y .•7 r°� j,, \ { �7' ,.it N. 1, 1, -r IF . ,,:5,,:l. �,1t ! L' 7t t'. Jr 0. F..teral I �i f // jj '{kr 4 r !jl '7'•i1 I,I �r J.! f t •� (1 tl'�'1. , t%I� T."1' 4uj i�FI,U li'I :lir 1'i:� r,r,+�,;'�r.•�- • `''�•` to • r'; iy . -`r,5 •1' • x>< t L. t,' ,.T s� (;c r�•7� i � , �, L:F�' j 5 !'A ,'v` 1 , I 1i } .�...,l' i'l•J.-,.:i,} IF e. Nnn•reuatal rerss �,! .,Ti • -F { iiii rri{ +; •'/ori•, 2'I' 1rr' t r r , ip, ti.{sI (<�',!.•6 tt,r ti ��iS"'r+ i..l•.r•.F1'.r.�lCa}•r ittl{ 471(: r ,. 7 ri 4i.i�1t•i:(u k311 Y T. ' W :t:i'.1l ..f -:i :t :.,1 • r ? f}.:;�'�` • '. 1 1,' 1r, 1 .i'ti:, '.l' •,`i.l:..' :�..},��:�z�.t'. d. Federal 1. Not-FeJctal _ .. 1 2 — _ : _ 1 21 — � 26 .. s � -p=.-• I , S 7`, ..I.V 1 :� �i i� i•r Jt'�"r- ',t+jjf k ,1h4 l:, d• i ! 1(, t`�.l , r r Allowance' :.( 1 + 35 T. 35 44 53 ____r _ t 42 _._. •., 'Fi .2 ort r.r s al f 131:0.44,,.; WlVet !i 'i: 44 Q 78.77? 1+71„ x..,. x1.�, �lrrX:k'ri�:r i. ;,�, ;ice. L'.:.•'t, :n;i :: , 11:'.•-1:t'±I•, Yt':.:,'- -c.. +"F'r u r• r',�•,,"•r`.i'. , .1. lri.,i'i• t•, ;w;,• '(��:, ]5 43 37 800 F41nya ❑e„enl: • t; ! 1., )1 2 •',!• a Ni53 9.578 k .'T'�':t', ,l; t. ntt Int t i” `741_ , Training 'I:i Y� iii •G2 •(• I'•, •t'�,{{7i�>,�•'t. k:4 x-41 f..l• 1., �'• i.•�J Serrlret .... `:� .. •'i :.il -- $ 37 800 .el'n1, �.7�7.'�•.� l4 � 1+ �-,7 �i t,...: ToIa1, 1 2 a 3 21 i 1 26 F. CUMULATIVE OU,1(ITEIILY POOJECTIONS or OULICATIONS ANI) EXPENDITURES Irur 011nttnr fmllny) 1 1�22y 73 1 tt 21 23 _ 24 27 7 t 2 a:1 3 f ill' r.. •.• 2: 23 n. 2: ..- 1 2 - O :i: .- 3Bfi 23 -FM 25 a -<m t m2 t' ei1-• ] '' hoe. 26 3 35 31[2,, 37.800 23 24 I, -7 251_ ^-1(6x4 _ Prin.t Sponsor Cbllgatlont „41 0 k 7,1 62 T7, •14- y'j :i'' it'll 1 2 ] 15 41 26 $ 9,450 0 -_ 26 3 $ 18,900 26 3 $ 28,350,x•_07,800 O T' ,, 't Total PtoieNed expenditure' by Program 9,_450 .;• I. 3: 18,900 'T'4 . ri;•� 35 28,3501. a. Clanontn Tuhdty, Prl!nt Spomor d1 - 44 •i: r'' 4'1 17. Dernh.Job TralnIn7 53 62 3 j? ;ti 5' 'j"'• 53 ;j ijy 53 c. Public servlee Employment `9,450 26 1',ts . ' ft,. ? 07 1 '2 42 18,900 71 3 26 to p ". 2 ( . l : !y 1 2 4 28,350 �' •' 5;' ;l• ('2 $7.800 71 d. Stork Experience 71 t. Servlee, m P,Ntclpanl: 3 26�l iY1'1id( 1 2 3 261&' ,WYE .' n a`: 17 4 a, G 4 0 T , 4 O r r 4 I. ou,o, ANlenle, i ; 1 35 35 35 44 53 ____r _ t 42 _._. •., 'Fi .2 ort 1'rclecl'hl Catmn411uret lot Vocational 1:d. In Jpccl,l (Watt to Oovcn!otl ', '•(. f, �1 . 4, ..7 f 44 53 62 .7g < 4.1 •'. ,��• - ti 44 53 t; ! 1., )1 2 •',!• a 1'40740144 S:apen)iluret 0! 'ton Fed. F'4uuta " 4!" 5:1 01tier Fed. Foote, thtl !n Prone Spoil. Quit 1 'a n nen •(• I'•, 62 .':' ,:1 . • 4'. 67 .., --e 00 ocn Or40,1 T074) . r,.J..a.d r.i,,,,W,,,., ,f 6 VI VII • Cost ..1 V_s_ DEPARTMENT OP LA307 GmpioYm-nt an -.1 Tnintny A.,mtnlam Jon CETA MO, tliC.X SCiii.uULE CONTRACTOR'S NAME AND ADDRESS Lulac Education Service Center 702 Morgan Corpus Christi,:Texas 78404 ' Y C0,4 [RAM: NUMBER b.. TYPE or -PROGRAM (-x-0. 6II-Q 0v1 • O so:clx Cr,nt to Co, -..,lo., YOa afCIOPIALOTP,C; OfLy og" 4V i CONTRACT KEY -g-c; �o? lye 4I5 1' 1 1 - oa 0 JV — .1 1 1 1 M 6 7 10 19 101 11,12112 1+415 I1u ` I71 la 1 ]{ 241 • _ 1. MONTH - • - ENO 07 MONT)} .- Ill. PR01 :Cv G11NU1�l.lv3 . (._ DC7aN01TL 2� • BY MONTH_ [• .- - ....—._ ._ • 11 P.-ANNEO CURRENT ... - ENRO ti.4JYT- Non -Project Jobs. Projects 7 122 '( 1 1 4 PL • 0 L ,o$ 3,150 1 1 7 1 7 1 9- • 4 0 6,300 7 1217119 4 0 9,450 - 01t1810 4 0 0 12 1 8 1 0 4 0 .12,600 . 15,750 0 1 3 (810 4 0 18,900 _ .0 1418 10 _ - 4 • 0-- 22,050 0 151810 4 0 • 25,200 • 0181810 4 0 28,350 0 7! 8 0 1 - 4 . 0v 31,500 0181.810 -4 0 34,650 o 1 9 1.8 10 0 - -0 31800 1. 1 1 . 1 1 1 -.... _... _ ... -_ .. 1_ 1 1 1.11 _ • 1 1 1 . -8- ETA 22025 [Apr: 1975) 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. -9- 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 und_rstanding, 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 employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. 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 - 'suit of Federal and Federally -assisted programs. -10- 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 assurande, including this third part, in every non-exempt subgrant, contract, or subcontract. -11- f ASSURANCES AND CERTIFICATION The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Lulac Education Service Center 702 Morgan, Corpus Christi, Tex 78404 _ Legal Name of Applicant Address Hector Mendez, Field Center Director Signature of Authorized Officer Typed Name & Title of Authorized Officer October 1, 1979 Date of Application -12- CONTRACT NO. STANDARDS OF PERFORMANCE The Lulac Education Servi CR_Cari-ar o*ill perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employment and Training Act of 1973 and its amendments as -published in the Federal Register, Tuesday, April 3, 1979, Volume 44, Number 65. The program agent 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. -13- SPECIAL CLAUSES TGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice 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 (which terms as used in this paragraph (b) shall include direction, instruction, interpretation. or determination) from the Prime Sponsor's Contracting Officer, which causes anysuch changes as enumerated in (a)abo• shall be treated as a change order under this clause: Provided, that the Contractor/ 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/Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor' Subgrantee's cost cf, 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 contra= modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor/Subgrantee gives written notice as therein required, And provided further, -=hat in the case of defective specifications for which the Prime Sponsc is responsible, the equitable adjustment shall include any increased cost reasonably . incurred by the Contractor/Su`drentee in attempting to comply with such defective speci- fications. e. If the Ccntractor/Subgrantee intends to assert a claim for an equitable adjust- ment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder ray be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shal: _e allcwei if asserted after final payment under this ccntract!subg_ ^_t. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes " h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding with the contract/subgrant as changed by the Prime Sponsor's Contracting Officer in r s •*icing, either by (i) issuance of a written change order as described in (a) above, or (ii) iastcance of a written confirmation by the Prime Sponsor's Contracting Officer of the written notice required of the Contractor/Subgrantee in (b) above, resulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMINATION -14- the policy of the Executive Branch of the Government that (a) contractor and s. .Ltractors*engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connet,____,n 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 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accor- dance with the limitations imposed by 29 CFR Part 1500, Subpart C. 4. EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The Con__rector will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affir-ative actio,: 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, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rats of pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The c - Tactor will, in all solicitations or advertisements for employees placed by or on behalfofthe 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 September 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 Septe_ber 24, 196:5, and of the rules, regulations, and relevant orders of the Secretary i. Le5o: (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 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 r 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 Septebber 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. 4 -15- (7) -' contractor will include the provisions of pararaphs (1) through (7) in every e tract 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 September 24, 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 purchase 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 eecontractor s oamay trequestethe etates_ United States to enter into such litigation to p 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 Pair Labor Standards Act including any special rate provided by specification under Section 14 of the Ant,asrate 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 OP TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reascr_able opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance P=rocedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargaining agreeeene, disciplinary and grievance procedures provided in such an agreement and applicable cc trainees or enrollees covered by this contract, shall govern. 7. TERMINATION a. The performance of toric under the contract/subgrant may be terminated by the Prima Sponsor in accordance with this clause in whole, or from time 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 make progress in the prosecution of the work hereunder as endangers such performance), and shall fail to cure such default Owithin hin a period of ten days (or such longer period as the Prime Sponsor's Contracting 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. such termination shall be effected by delivery to the Contractor/Subgrantee of ;}'fault of the a Notice of Termination specifying wiiechr termination is for the de ContractoriSubg=•a -ee or for the convenience of the ?rice Sponsor, the extend to which performance of work under the contract/subgrant is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract/ subgrant for default, under (1) above, it is determined for any reason that the Contractor/ Subgrantee was not in default pursuant to (1), or that the Contractor's/Subgrantee'= failure to u perform or to negligence penceess inof the Cont actor/Subgranteecauses pursu pursuant tobeyond th the provi- acid without the fault or nag_ig the Notice of e sicns o: the clause of this contract/subgrant relating to excusabledelays, rights,hNot Termination shall be deemed to have been issued under•(2) nd obligations of the parties hereto shall in such event be governed accordingly.' b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall: -16- top work under the contract/subgrant on the data and to the extent sped.' in the ice of Termination; (2) Place no further orders or subcontracts for materials, services, or faciliL , 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 may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant. (6) Transfer title to the Price Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parte, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the.completed or partially completed plans, drawings, information, and other property which, if the contract/sfogrant had bleu completed, would be required to be furnished to the Prime Sponsor, and (iii) the jiffs, dies, and fixtures, and other special tools end tooling acquired, or macefactured for the performance of this contract/subgrant for the cost of which the Contractor/Subgrantee has been or will be reimbursed under this contract/ subgrant. (7) Use his hest efforte to sell, in the manner, at the times, to the extent and at the price or Prices directed or authorized by the Prime Sponsor's Contracting Officer, any prcperty of the types referred to in (6) above: Provided, however, That the Contractor/ Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer_ And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Contractor/Subgrantee under this contract/subgrant or shall otherwise be credited to the price or cost of the work covered by this contract/ subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have bean 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 Contraetot/Subgrantee shall proceed immediately with the performance of the above Cbi=g3t20S :Ot::ithstandinZ anydela,' in determining or adjusting the yaou t of the �� fee, or a.'y item cf reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition may be amended from time to time, the Contractor/Subgrantee may submit to the Prime Sponsor's Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed rcr authorized by the Prime Sponsor's Contracting Officer, and nay request the Prime Svonsor to remove such items or enter into a storage• agreement covering them. Vot later than fifteen (15) day.; 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 the items are stored, within forty-five (45) days from the date of sub- mission of theelist, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. -17- cc. ':er receipt of a Notice of Termination, the Contactor/Subgrantee shall submit to the e Sponsor's Contracting Officer his termination ClaiL1 in the form and wi e certifi__-ton prescribed by the Prime Sponsor's Contracting Officer. Such claim ch, e 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., iE 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 may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason 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 weak 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-nett of the £a -::re of the Contractor/subgrant and t:he Prime Sponsor's Contracting Officer to agree in,whole or in part, as provided in paragraph (d), as to the amounts with respect to costa and fee, or as to the amount of the fee, to be paid to the Contractor/Subgrantee ia connection with the termination of work pursuant to this clause, the PrI^e Sponscr's Caztracting Officer shall, subject to any review required by the contracting agency's pto•_edures in effect as of the date of execution of this ccntract/subgrant , dete mime on the basis of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason of the termination and shall pay to the Contractor/Subgraatee the amount determined as follows: (1) If the oettlenent includes cost and fee - - (i) here shall be included therein all costs and expenses reimbursable in accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee for the performance of this contract/subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable tine 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 discontinua such costs; (ii) There shall be included therein so far as not included under (i) above, 2?e 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- .'le to the terminated portion of the contract/subgrant; (iii)There shell ba included in the reasonable costs a settlement, includitg leg•-,L, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract%subgrant are for the termination and settlement of subcontracts thereunder, togetca- with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the tert?r.ation is for default of the Contractor/Subgrantee there shall not be included any a:oeats for the preparation of the Contractor's/Subgrantee's settlement proposal; and (iv) There shall be included therein a portion o: the fee payable under'the coatract/subgrant c:etermiaed as follows: (A) In the event of the termination of this contract/subgrant for the conven:.ence of the Prime Sponsor and not for the default of the Contractor/Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the com- pletion of work conteuplated by tha contract/subgrant, less fee payments previously made a hereunder; or -18- (B) In the event of the termination of this cantract/subgrant for the e Lt of the ractor/Subgrantee, the total fee payable shall ba such proportionate par the fee air, if this contract/subgrant calls for articles of different types, of such, cart 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 ce:tract/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 Prise 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 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 arrive:mg at the aaot_t due the Contractor/Subgrantee under this clause there shall be deducted (1) all unlit ±dated advance or other payments theretofore made to the Contractor/Subgrantee, applicable to the terminated portion of this contract/subgrant, (2) any claim which the Prima Sponsor ray have against the Coatractor/Subgrantee in connection with this contract/subgraa:, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor/Subgrantee or sold ' pursuant to the _rovlsions of this clause and not otherwise received by or credited to the Prime Sponsor. h. In the evert of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Prima'Sponsor's Contracting Officer, and such.adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Coatractor/Subgrantee in connection with the terminated portion of the contract/ subgrant 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/Subgrantea will be -ctitled `'areunder. If the total of such payments is in excess of the amount finally • -,•.,.._ . to be due ua or .this clause, such excess shall be payable by the Contractor/ ,uhgzaat_a to the Pz as Spcaaor upon demand together .:ir.- Interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: Provided, however, That no interest shall be charged with respect to any such excess 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 Spoasor's Contracting Officer by reason of the circumstances. (j) The previsions of this clause relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. 3. TERMINATION FOR CON'JENIENCE -19- -ovisions set forth in this clause 9b shall gov:in in lieu of clause 9a should this c :t/subgrant be for experimental developmental or research work and the Contras_ jSubgrantee is an educational institution or other nonprofit institution e 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 Prima 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- ination becomes effective. b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel his outstanding commitments hereunder covering the procurerent of materials, supplies, equipment, and miscellaneous iters. In addition, the Contractor/Subgrantee shall exercise ell reasonable diligence to accomplish the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle all outstandins liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which appro-al or ratification shall be final for all purposes of this clause, and (2) assign to the ?rase Sponsor, in the manner at the time, and to the extent directed by the ?rime Sponse_'= Contracting Officer, all of the right, title, and inter- est of the Contractor/Subg_au=se under the orders and subcontracts so terminated, in _ which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. c. The Contractor/Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in • no event later than one year from the effective date thereof, unless one or more exten- sions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Subrantee 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 may, subject to any review _ required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information available to him, the amount, if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. d. Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/ subgrant. r graph (c)above, and subject to any review requir �. Subject to the provisions of paragraph '-_ y ti:a ?rime Sponsor's contracting agency's procedures in effect as of the date of executio, of this contract/subgrant the Contractor/Subgrantee and the Prise Sponsor's Contracting Officer ray agree upon the whole or any part of the amount or amounts to be paid to the _ Contraccor/Subgrantee by reason of the termination under this clause, which amount or ara_nts may include any reasonable cancellation charges thereby incurred by the Contractor) Subgrantee and any reasonable loss upon outstanding commitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding tco. mtrents for personal services which the Contractor/Subgrantee is unable to cancel, the Cent-actor/Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amend -eat to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree amount. a -20- rom me to me, der suaterms nd as it ,f, Prime Sponsor may pafiniagainsticostsnincurred by thea Contractor/Subgrant.e nay pr, ,a, make partial payments in Gonne pion with the terminated portion of this contract/subgrant whenever, such pr, it is i o?inion of the Prime Sponsor Contracting Officer, within the amount to which the Contractor/Subgrantee will benitledeerdhereunder. be due If tne total of such payments is in excess of the amount finallyagreed ceder this clause, such excess shall be payable by the Contractor/Subarainueonto the ed. Prime Sponsor upon demand: Provided, abley,theThat Contractor/Subgranteenot tosthe Prime Sponsor at theeratt thereon shallebe ny by the rate of 6 percent per annum, beginning 30 days from the date of such demand. r g. The Contractor/Subgrantee agrees to transfer title to the he Prime e by nso and deliver in the manner, at the tines, and to the extent, if any, Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to thand information Sponsor, including: (1) Completed or partially completed plans, drawings, and information; the > and (2) ;:aterials or equipment'produced or in process or acquit parfort _ce of the work terminated by the notice. Other than the abovetermitatton withany ytte written inventory resulting from the termination of the contract/subgrant may, Contractor/ approval of the Prime Sponsor's Contracting Officer, bet apsold or acacquired dpbyothe the by the Subgrantee under the conditioes prescribed by Prime Sponsor's Contracting Officer. The Proceeds of any nz1 such dispositionthsCallr etor/ be applied in redeetion of any pay ents to be made by Subgrantee under this contract/ bgrant or shall otherwise be credited to the price or cost of work co -eared by this ceazract/subgrant orpaidin such other.mannr athe Prime frSponsor's emt ionOffthe nay direct. Pendingfinal disposition of property from•the termination, the Co-tr�ctox/5ubgrartee agrees to take such action as ray be necessary, or as the Prime Sponsor's Contracting Officer.may direct, for the protection and preservation of the actor/S y related to this contract/subgrant which is in the t n Contractor/Subgrantee and in which the Prime Sponsor has or nay acquire possession of t___ an interest. 9. CONSTRUCTia AND BUILDING 'REHABILITATION 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 Sponsorer stall l be adminiete ed under the guidelines of A-102 and parts of Paragraph IV, app ruction p:ocurezent. 13. LISTING OF EMPLOYMENT OPENINGS (finis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or more.) to the emoloymart of Contractor agrees, in order to proeide spacial emphasis _ t that all suitable employment `cis disabled veterans and Vexist a of the netheye�:ecution of this contract and the coatrac=or which exist at the tire of those not generated those which occur during the performance of this contract, including the contract is being performed but excluding those of independently operated by this contract and including those occurring at an establishment other than the one wherein corporate affiliates, shall be offered for listing at an appropriate locai office of the State deploy eat service system wherein the opening occurs and to provide edegsicedeuch ports r tc• snch local office regarding employment openings and hires as may Provided, That if this contract is for less than $lora if ,not requireit with a date•:or•local gocerneen_ the reports set forth in paragraphs (c) and (d) b. Listing of employment openings with the employcent service system pursuant to thie clause shall be made at least concurrently with the use of any other recruitment tfsarvice or effort and Shall involve the normal obligations which attach to the placing order, including the acceptance of referrals of veterans and nonveterans. Tnis 3' 'ng of employment openings does not require the hiring of any particular job appli it from any particular group of job applicants, an.! nothing herein is int , to rel . the Contractor from any requirements in any statutes, Executive orders, , 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 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized represent- atives of the Contracting Officer or the Secretary of Labor. d. Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise.the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is^need to advise the State system of subsequent contracts. _.a Ccatractor may advise the State system when it is no longer bound by this contract c] ause. e. This clause does not apeiy to the listing of employment openings which occur and are filed outside of tha 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and _.,e Virgin Islands. f. This clause does not ee.ply to openings which the Contractor proposes to fill from within his own organization 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 arrangemer.m for that opening. g. As used in this clause: (1) "Ali 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 nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does :rot 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. :" ^.) _opriat� oi'=3c_ of tha State employment :.orrice system means the local office c:e .adoral -Stat_ national'of public erployr•ent offices with assigned n aposi- tility for serving tha area of the establishment where the e:aploym_ct opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Fico, 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,•5uS- - si.diaries, 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 tha Contractor and representatives of his employees. 4 -22- C5) "Disabled veteran" means a person entitled to disability compensation under laws adrir -ed by the Veterans Administration for a disability rated at 30 percertum -ore, or a in,whose discharge or release from active duty was for a disability incut r aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) ti.._ (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty fo] service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 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, may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regioaal Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract direc_ly under this contract. 11. DEVIATIONS Under the mcee compelling circumstances such as situations where the needs of the Government cannct reasonably be otherwise supplied, where listing of employment openings would-be contrarT to national security, or where the requirement of listing would other- wise not be in `..e best interests of the Government, a deviation from this subpart nay be rade, subject tcthe approval of the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for Tanpower, 1J. S. Department of Labor, Employment and Trainiag Administration, 555 Griffin Square Building, Griffin and Young Streets, Dallas, 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 under this contract/subgrant which is not disposed of by agree - rant shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his :ecision to writing and nail or otherwise furnish a copy thereof to the Contractor/ S bgrartee. The decision of the Price Sponsor's Contracting Officer shall be final and z-.. ..:s -:-:e unless within 30 days from the date of receipt of such copy, the Contractor/ ,:hnra-.cae mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a .mittsn appeal ac-._' sed to the Prime Sponsor. The decision of the Prise Sponsor's Contracting Officerfor 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 - supperted 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 .vi:e:ce in support of its appeal. Pending final decision of a dispute hereunder, the tcntrcctor/Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connecticn with decisions provided for in paragraph (a) above: -23- shall e making uogrant s • decision of any administrative offic al,srepresentativeb or°boardeonaa questi°ninal•athe t. •13 ANTRACTIgG The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any parts of this agreement. The Contracting Officer may, in his decretion. ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the' subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and/or contract, L less otherwise provided, the:_=on,the inconsistencies shall be resolved precedence in the following order: by giving Me -regulations as approved bythe (1) The Act (Public Law 9eciaj. l87a Stat. 839) (2 (5) ITC egu atio Secretary of Labor (3) Special Clauses (4) FMC 7C-7 to each * (6) lee Comprehensive Manpower Plan as stated In the grant as applicable i4 -e. 16. Motions passed by the Co_so:-ium Executive Board: 974 f_omJune 13 1eaai- Each eprog�e that is approved have an approved wage scale derived :ct, g conducted in their areas, and an approved 7ffirmative oa Plan. • June1 7, 3974 - Out -of -area travel for each program not exceed $25 per day. June 2. 1975 - No contractor exceed 171 for administrative cost and A11 out -of - area travel for any program have clearance by the staff. September 22 1977 - Allowance of up to 14 per mile for travel. Per diem rates for out of town travel be established at a level equal to Federal per diem rates for all non-profit agencies. Governmental agencies shall pay travel expenses consistent with the policies approved by the respective governing bodies. r -24- 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. -25- AGREEMENT FOR SPECIAL BANK ACCOUNT The Lulac Education Service Center hereinafter referred to as the Contractor; the unit of local government herein- after called the Program Agent; and Nueces National Bank , a banking corporation located at 1434 S. Port, Corpus Christi, Tx. 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 " Lulac Education Service Center CETA Title VI Program 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 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 wiit 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. -26- BANK NAME 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 Nueces National Bank SIGNATURE DATE TYPE NAME Roy L. Clint TITLE President SIGNATURE TYPE NAME TITLE ADMINISTRATIVE UNIT BANK COLLATERAL BANK COLLATERAL required, based upon estimated maximum bank balance, (excluding FDIC coverage of $40,000, is $ N/A DATE CONTRACTOR USE CONTRACTOR'S NAME Lulac Education Service Center SIGNATURE 1 DATE TYPE NAME Hector Mendez • TITLE Field Center Director -27- 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 Nueces National Rank (Signature) Name Lulac Educational Seryira Center (Signature) October 1, 1979 (Date) (Date) Roy L. Clint Hector Mendez (Type Name) (Type Name) President Field Center Director (Title) (Title) _28_ 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. Hector Mendez, Field Center Director 2. Will the Accounting System be directly maintained by you? Yes[ I No (If No, who will L_f maintain the account- ing system? X Name and Address 3. Are you familiar with the Department of Labor Audit Requirements? XI 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.) General Journal, General ledger, check stubs, bank statements, invoices, purchase orders, evidence goods were received, etc. 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 Hector Mendez, Field Center Director Signature Telephone No. and Area Code (512) 883-5134 Date of Execution October 1, 1979 -29- AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $ 3,300 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. -30- 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. -31- INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. -32- •i ' GONTRI �y r 'CGNATURE SHEET CONTRACT NUMBER MODIFICATION NUMBER PROGRAM IGGENT:City Of Corpus Christi CONTRACTOR: N e County Community Action Ay,„cy P.O. Bo 9?/7310h Corpus CChristi, Texas 78408 Corpus Christi, Texas 78408 This contract is entered into by the City of Corpus Christi herein after referred to as Progra-Agent andNueces County Community Action , hereinafter referred to as Contractor. Agency The Contractor agrees to operate CETA Employment and Training Program in accordance with the provisions of this agreement. This contract consists of 32 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 to 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 . II -D FISCAL YEAR TOTAL $ 56,800 FY 80 FY FY $ 56,800 Total $ 56,800 $ 56,800 APPROVED FOR THE PRIME SPONSOR DAY OF BY: R. Marvin Townsend City Manager APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature). Gilbert Rodriguez -Board Chairman Name and Title (Prime Sponsor Use Only) APPROVED: DAY OF APPROVED: Director of Finance DAY of ATTEST: City Attorney City Secretary PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number 65. Special Project positions Will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. D. The contractor agrees to adhere to the average annual wage of $7,110 asmandated by Issuance No. 92-79, dated May 29, 1979. 2 " PSE PROGRAM SUMMARY 2. CONTRACT NUMBER 1. CONTRACTOR LIAISON OFFICIAL Roberto Aguilar 4. CONTRACTOR 3. TITLE II—D DISTRIBUTION OF FUNDS AND JOBS 5. TYPE OF UNIT 6. AREA SERVED 7. POPULATION 8.N0. OF JOBS 9. FUNDS Nueces County Com- munity Action Agency Non -Profit Organiza- tion City of Cor- pus Christi 7 $ 56,800 'r 10. TOTAL 3 7 $ 56,800 11. OTHER ACTIVITIES 12. TOTAL $ 56,800 (1) (2) 1- P; UPATIONAL SUMMARY Contractor: Nueces County Community Action Agency 3105 Leopard Corpus Christi, TPxaC 7R4OR OCCUPATIONAL TITLE BY EMPLOYING AGENCY NIJNBER OF CETA MO. JOB TOTAL JOBS WAGE RATE DURATION WAGES (A) (B) (C) (D) (E) Non -Project Positions Crew Leader 3.30 p/h 3 572 36 $ 20,592 Crew Worker 3.25 p/h 3 563 36 20,268 Clerk 3.10 p/h 1 537 12 6,444 TOTAL 7 --- --- $ 47,304 FPTNGE BENEFITS $ 2,922 1. FICA @6.13% 2. Workmen's Compensation @6% 2,838 3. Other (specify) Liability Insurance @2.9% 1,317 4. other (Specify) Group Health Insurance @5% 2,365 5. Other (Specify) Sub -total fringe benefits 9,496 TOTAL $ 56 8001 4 U.$. Itla'AICINEN9' UI' I.1. Ittlt ' Employment end TieMint Adntinhitution P S OCCUPATIONAL SUMMARY . NAME AND ADDRESS OF. CONTRACTOR Nueces County Community Action Agency 3105 Leopard . , Corpus Christi, Texas 78408 4.: PROGRAM AGENT, EMPLOYING• AGENCY AND POSITION TITLE 3. 1 TYPE OF I'ROD(UAM ("X" oPprupr(ele box(erll 1. a 11 • b b. C1 VI C. ❑ Specl+I Ooveruor'er d.1 i Other (Specify) No. OF JOBS (A) Sub -Contractor Nueces County Community 'Action Agency. 'Non -Project Positions • Positions Created Prior to 10/01/79 Crew Leader 3,30 p/h Crew Worker 3.25 p/h Clerk 3.10 p/h • I! COMPARAOLE WAGE IRI ANNUALIZED c)rA wAcE NON•CETA PERSOopY€ARS t SUPPLEMENTATION• MPLOYMENT • DF wAGC•/SAtJ R.Y PLANNED (01 (C1 (01 $ 6,864 6,756 6,444 (E1 1F) 0 0 E. TOTAL r-- To— 7 0 •. 3 1 7 TOTAL ANNUALIZED WAOES $ 6,864 6,75.6 6,444 • CONTRACTOR'S NAME AND ADDRESS Nueces County Community Action Agency 3105 Leopard • Corpus Christi, Texas 78408 FOR ICCIONAL OrF1CF USI ONLY 11.ti, ------- 111.1.A111 h11:N 1' 111.• I.A 111111 IYnpluelnrnl 0010 Tblirdup Admbddrnlinu CITTA PROGRAM PLANNING SUMMARY b. CONTRACT NUMBER d, TYPE OF PROGRAM 1. t7TRIO j1 [/ 5. DTItle VII c. GRANT YErrom To 2.' Title 11 i 6, Q Adml.n, Cost • • J, C7 1 114 111 SAO DIY • October 1, 1979 September 30, 1980 • • 4,t yriu, VI 7. to Other INSTRUCTIONS r0(1. COMPLETING SCCFIONS I, II, ANO III w msec, 1: A (Total Enrollments) II the num of A.0 and AA. p (Total Terminations) Is the rum o1 0.1 through • 01,3, C (Planned Enrollments) 11 13 111nut 1). 1- Sec. 11: ruler hr line (a) Enrollments In each program lel vlly cumulatively through the grant year and In line (b) Ike number of participants planned In br enrolled In each program activityat 1he end or each quarter; participants who are eonvurranlly enrolled In more than one activity should be counted In each . activity In which they are enrolled. Sec. 1III Enter Ike cumulative number of perdetpents In each segment to be enrolled duliryl the gran Tear, Participants should be cnunlyd In 3r many slgnlllcant segment groups as are applicable. 4 1- 0 C ,i V` a 0 W 6 CONTRACT ICE" 31 a } 3. 10 I) X :r )t L' =111'i z !010;)0 • L CNR0LLh1CNT AND TOnhIINATION OUMMAnY • GRANT YEAn•T0•DATE PLAN ob c r_ v 7 1 •. 1 ] 3. a REPORT PCn100 A. TOTAL rNnoLL• MEN T5 1 T 1 8 a o T 8 a r• r 10 • nue—r-1-0- r— .312 7.N2377---"--113 6 0. Clinrrots atl• 6 • 6 8 8 at IL TOTAL 2. Partial. TCRh11NA• Pa Orvan TIONS 2 2 1 1 3 1. Cnler4le Cniyuymv, 0 a. Direct Mints. 0 0 2 10 401 ., I1, 1'LANN01) CNIIOLLMI:NIS IN I'110OIIAM ACI IVII ICS D 2 al 10111 rCneuifinenll C ] O r O O 0 b) Currently Duelled 3) 70131 Cnrnlletenll 3 b) currently Clnnlled 7 al Tom Cnrullnrtnli ] 31 Cvrronlly Enrnlled 3) Total Cnrolimeni, 0) Currently Enrolled /t Il C O CLA301100/e 1 nit lr111Je• O3,•111r•Job 111nn!rvan. Voc, I:d, 1,300(00 31 ] Pub. .•.ervl . rr,>,n,n•�.,m 8 7 8 7 10 7 10 .9 31071, CylvvIence ad ' al 0 b. Indirect Montt. 0 76 ' e. Obl lined fint,loyn,C,l 2. Olner P011111 0 0 rd' A.' C. PLANNCO eNRCXLmovs. (end of 4,.-3 r 1i' 4 J . IV, 07111.11 ACTIVITIES !Reference nri Indlcnle other oath/Ines or 111rr131 1110grmnl en 0110311, ntentl, O,ic,(I,f their objectival and 11,1 01307 Nones town's) 11131, achievement In ()unnthollve 00 nerratlw presenlellon, III, SIGNIFICANT SEGMENTS SlONIrICANT .,FOMENTS _ O11ANf YCAR•TO•t7ATC PLAN SIONIPICAN1 SCOMCNTS F.,..� n 1111ANT Yr.AII.T0.0ATC PLAN 11/.11 .3/]1 11/311 7/30 I:/]I ]/]I 1bl —x, f�/]a ' b /]o 1'0 a_.8._.. lel .....0 lc) 111) ^14_ 131 Ic) sn. 101 _...__. A Econ/Disac R 10/12 Unemp c N D 1 r t0 CONTRACTOR' S NAME AND ADDRESS Nueces County Community Action Agency 3105 Leopard Corpus Christi, Texas 78408 12.5, I/LI•At1TMINr 4r t.A Ann En4p10)ngnl 4,67 1'2261113; A4minl<Inllnn MIDGET INFORMATION SUMMARY October 1, 1979 -September 30, 1980 D. 7.130 nl 11011AL OFFICE USE DULY z '1 r U ) 0 2 11 2 0 7 CON) 11ACI 'ICY Su 4 3 6 a n Io 4. 0(20247 2000rt0M FU1ICTIOM 072 ACTIVITY AdmIrl,Irallan .. Allow:nce1 142441 it int, 0413,1111 II s1 AZ d O MO2.DAIr. M2.4 111) VY 7. 1. f 1211] . T12ining • Toth 14 15 16 17 r. IA 20 21 22 23 72125 7612, 20120 30 C. 1112(21702 r.UMMAIIY COST CA11:0011105 STIMAIED UNCXI CND II' CONTRACT NUMBER r. TYPE 07 r110e11Ab1 1. L./ Title II -BAC 2; Lx/ Title II -D 3. L/ Title III - Speclfy 4. L/ Tit10 VI 5; L,/' Titlo VII G. L/ Admin. Coot 7, Q Other Mew 012 n2VISEu e1 iY 2 $ 56,800 F. CUMULATIVE e11A11TCnLY r003701IONS or Ut1LICA1 0747 AND 1xl'CNDIrI11lt0 (Fur Ru/rtfr E/r17I0J) • rrin,t 5p4n1or obi:14Ions 1 ��7�� 0 /, '�T -p 1 i L 33? 3 35 44 53 2' 21 26 $ 22 14,199 74 2. 1 2 n 3 21 26 7 $ 2: 21 28,398 21 2: _ 1 2 n 3 3 • ` 2 22 26 _ $ 13 24 42,597 25 I 2 e 1 T 3 1 35 21 20 __,56 2. 2.424 56,800 25 800 . Told rrrleUe.1 l7.perxlllln,l 67 rro4rtln 14.199 i 17 •i. i} 7' ;,1• '.. '••,• .i :1 1 2 r7 •; 777 3: 28,398 rax 1. ' `;. 'i" .4 35 41 42,597 2. CL1Tonn1 912671134, 711104 Sponsor•<' 4 Al. 41 53 62 71 b. On :142405 Tula 57 53 c7 71 3 4 35 ,•1 :0 !i 1: 6, 'I. e. rublie Service Employment ii ;11 iT 7,l 1 2 n 52 71 3 4 4 199 62 28,398 j 1, 1• 56 800 42,597 d. Work 7.prdenea 7(r *{•�,.� 2611.11' ' j.7ii6 , 71 77 �j �, q� 3 2G�:I.ii:.t u? �'1[31+Lu1 n 7 1 I 2 n .... t. Scrvleet l0 r2,Ielpinll y �y 2GIERE 11 ` go 1• 2 4i 17 77 3 4 35 41 51 61 '7 262. ' .'' i i 17., {LY, x 1. Who Acl1c1)l,1 r 1 `' i( 1: ,1 7�, .� rd... '! 4 35 j :45:r p�..•cc nnn I'2cI:c1<d Crpeud11ur11 l.1) Vne.Uon21 rd. In 5j.2,1+2 1311..77 to Onv<211o,i I7ulrelnl E.pemlllure< of Ilon NJ. Plunk i}ii rr 1'5:. r,nar, iToi h 1.,11341 sp..n'i70,i 4.. i.l ^..',I r..•'.. ,r•I 1'.1•. (2.!:132 r. 44 53 'll , F� :;r• y •: r, 4.7 7. ); ( a., 7r I ; •• 44 53 6.2 71 4 20 cn, `i1 �' :i• .. 11 , .l' 1 .L.__ '@ ,n ,nn 5:f .,...._.. 62 7: d• no ono r O,ART` +r ov LABOR tooloYm_nt acw Tnlntm .iaministo Gon CETA MON k —LY SC:ELaiULE VMt3 saPPrv... Iia. ..-�••+ �a CONTRACT UMBER •5. TYPE OP.PROCRAIA (x -on.) [�§ u - to Zi v1 • t3 9,:ttat crane to Covwnus CONTRACTOR'S NAME AND ADDRESS Nueces County Community Action Agency 3105 Leopard . Corpus Christi; Texas 784Q8 ' . voce U4 or,LY CONTRACT K.EY -0 LO i u, - 6: s 4I 1 1• 1 1 .1 . t 1 1 M 6 17 6 1 9 10111, y_1,11317.44/11.311,71 -1.p 19{ _ci 21 o C ). • u O :e• I. MONTH - ENO Or MONT1-t •• W_ PR01_CT$D CUMULATlV3 '• - _ ExPs:v01Z1 R r3 • s6'• MOHT•E 1 11 PLANNW CURRENT• ersolo .4am Non -Project Jobs. Projects 7-2 T4 I o 17 1 9 7 •. 0 5 .4,733 101311 RIM "'17 • ` 1 17 179 .7' 0 ". 9,466 Y 21719 7 0 14,199 • 0 I t 1 8 1 0 7 0 " 18,93? 5-•,.. r ' f:1'. ; `T. VA: ._, ;, `0181810 a A sh • •` ,.x` `<' `-*: - - " -" " . o 2 (8 1 0 7 0 23,665 28,398 o 3 810 7 0 0 I 4 L8 1 0 7•0-- 337131 0 - 0- 37.864 o 1 6 1 8 1 0 7 • 0— 42,597 D t 18 10 7 0 47,330 •7 • 0 - 52,06.3 o 1 9 [S 10 0 •0 - $ 56;800 1 1 ! • 1 1 1 1 I I 1 •l 1 - , 8 A 320;9 (APr. STANDARDS OF PERFORMANCE The Nueces County Community Action Agency will perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employ=ent and Training Act of 1973 and its amendments as published in the Federal Register, Tuesday, April 3, 1979, Volume 44, Number 65. The program agent 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 deoblisated and redistributed to alternative contractors. 9 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. 10 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 employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. 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. 11 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 $IOO,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. 12 ASSURANCES AND CERTIFICATION The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Nueces County Community Action Agency 3105 Leopard St. Cnrnns Christi, Tx Legal Name of Applicant Address Gilbert Rodriquez, Board Chairman Signature of Authorized Officer Typed Naine & Title of Authorized Officer 10-1-79 Date of Application 13 SPECIAL CLAUSES 1. CNA. a. The Prima Sponsor's Contracting Officer may, at any time, without notice to tL sureties, by written order designated or indicated to be a change order, make changes in n any one or more the rak within designs, oral scope of this specifications; (2)tincthe method or manner offthe performanceiof (1) drawings,method of shipment or packing; the work; (3) in the Government -furnished facilities; (4) 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, instruct iaetation, or any such change s eniumerated in (a)above, ?rime Sponsor's Contracting Officer, which cuses shall be treated as a change order under this clause: Provrided, notice stating the date, Subgrantee gives the Prima Sponsor's Contracting 0 circumstances, and the source of the order and that the Contractor/Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor/Subgra=tee to an e:c'--table adjustment hereunder. d. If any change under this clause causes an increase or decrease in art of actor's/ Subgrantee's cost ef, or the e required for, the performance of any p whether or not changed by any such order, an equitable adjustment small thism contract,g Provided, however, That shallo be more and cthehange conutract (b)above shall d in ibenallowed dfor rlany costs incurred more than 20 claim forft c ange alto 20 days before anyt= Cor_trsc`or;s:ibgrantee gives written notice as therein required, And onsor provided further, -That in the case of defective specifications for which the Prime SP Isequitable adjustment shall include any increased cost reasonably is incurred :he incurred by the Contractor/Sabs`r:ntee in attempting to comply with such defective speci- fications. e. If the Ccatractor/Subgrantee intends to assert.a claim for an equitable adjust- ment under this clause, he must, within 30 days after receipt of a written chatgetorder under (a) above or the furnishing of a written notice under (b) above, submit nature the Prime Sponsor. Prime Sponsor's Contracting Officer a written statement setting forth the general and monetary extent of such claim, unless this period is extended by above.mNnsor ere The statement of claimaderobsoleteay orbe excessuasdin the the resulttofeunder a change is included in the the cost of propertyt, the Sponsor's Contracting Officer shall theuighttto'prescribeclaim othe manner nof dispositionofsuch property. shall have the right to p + f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall e' if asserted attar fieri payment under this contract/sebgrant. G•. ,. 4!Failure to agree on the terms of aay equitable adjustment shall be a disputa concerning a question of fact within the meanie; of the clause of this contract entitle "Disputes." Sponsor's Contracting Officer in h. Nothing in this clause shall excuseetPrimeContractor/Subgrantee from proceeding rant as changedby above, or with ng,e eithercs(1g : r r•ri.in„ either by (i) issuance of a written change 4Sponsor's den'os�se�'a`raating(Officer of issuance of a written confirmation by the Prime ? resulting from an (ii) above, the written notice required of the Contractor/Subgrantee in (b) oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMINATION 14 '3'the policy of the Executive Branch of the Cove:nment that (a) contractors and ttractors engaged in the performance of Federal contracts shall not, in comae,_ Jn with the employment, advancement, or discharge of employees, or in tonne with the terms, conditions, or privileges of their employment, discriminate against persoas 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 0P?O2TUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The Contractor will nat discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor ki1'1 take affirmative actin= co 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, demon cr, or transfer, recruitment or recruitment advertising; layoff or termination; rarer cf pay other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The c. tractor 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' represemtativatof the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1955, 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 3cp:a=oar 24, 1955, and of the rules, regulations, and relevant order: of the Secretary - J< Ln5or. (5) The C_;ntrector will furnish all information and reports regi -red by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 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 rtf this contract or with any of such rules, regulations, or orders, this contract may be caeceled, terminate& or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in E_<a:utile 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, regelation, or order of the Secret4ry of Labor, or as otherwise provided by law. 15 (7). The eontractor.will include tae provision, oe Yu.u�--•�- every', retract or purchase order unless exempted by rules, regulations, or orders of the Se ry of• Labor issued pursuant to section 204 of Executive Order 11246 of Septe=be.. 24, 1965, so that such provisions will be binding upon each subcontractor c vendor. The contractor will take such action with respect to any subcontract or pure. order as the contracting agency ray 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 agny, the teecontractor maoaytrequestetuest hetates. e United States to enter into such litigation to protect 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 Pair Labor Standards Act including any special rate provided by specification'under Section 14 of the Act, srate amended in 1974, oe that is applicable to enrollees or trainees, or (2) Any minimumapplicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher thus 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 reascnable oppertemity for corrections or improvement of performance and consultation with t e Centrad_:- Officer by the training facility for substandard or unsatisfactory ry p==cress or cG:•+=ct• Termination of trainees or enrollees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargai:irg agreeneae,disciplinary and grievance procedures provided in such an agreement and applicable ec trainees or enrollees covered by this contract, shall govern. 7. TERMINATION a. The performance of work under the contract/subgrant may be terminated by the Prime Sponsor is accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor/Subgrantee shall default in performance of this contract/subgra:t in accordance with its terms (including in the term default" any such failure by the Contractor/Subgrantee tom shallake rogressl icutethe sprosecution ecftiot of the e a work hereunder as endangers such per`orrance),Sponsor's Contracting Officerin ray period of ten days (or such lender period as the Prime g allow) after receipt froth 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. •fected bydelivery to the Contractor/Subgrantee of ?_�, such termination shall be e� - fault o° the ;io` e e of Terminatict specifying whether terranation is f_or the da 'S tae or fo: the conveeience of the ?tire Sponsor, the extend to which performance ; _pre incand the date upon which of i-onZ work under the CGntraCt/S:lbgrant is terminated> O such termination becomes effective. If, after notice of termination of this contract/ subuant for default, under (1) above, it is determined tfofor Cantrreasreason tthat atgthe hetCot actor/ • Subgrantee was not in default pursuant to (1), O r failure to perforn or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi— rsic-,s o: tha clause of this co^.tract/suhgrant relating to excVsable leddelayhe s, the NoNotice of d Termination shall be deemed to have been issued under -(2) obligations of the parties hereto shall in such event be governed accordingly. • b. Atter receipt of a Notice oftTermination oattd e except s otherwise directed by the Prime Sponsor's Contracting Officer, e C4 16 'top work under the contract/subgrant on the c!atn and to the extent specifier' in the _ce of Termination; (2) Place no further orders or subcontracts for materials, services, or facili. 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 Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant. (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, s+_pplies,.and other material produced as a part of, or acquired in respect of to performance of, the work terminated by the Notice of Termination; (ii) the.completed cr partially comaleted plans, drawings, information, and other property which, if the contract/5::bgrant had heea completed, »ould be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or meamfactured for the performance of this contract/subgrant for the cost of which the Contractor/Subgrantee has been or will be reimbursed under this contract/ subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor/ Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) nay acquire any such property under the conditions prescribed by and at a price or prices • approved by the ?rime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Contractor/Subgrantee under this contract/subgrant or shall otherwise be credited to the price or cost of the work covered by this contract/ subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; 2nd (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 nay acquire an interest. The Contractor/Subgrantee shall proceed ire ediately with the performance of the adjusting above ubligatinotwithstanding.,�notwithstanding any delay in determining or 3.r'. ]' g the aaeuat of the o_ any item cf reimbursable cost, under this clause. At any time after expiration of�the plant clearance period, as defined in Subpart 1-S.1 of the Federal Procurement Regulations (41 CFF 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 rcr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime Svonsor 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 same: Provided, That the list vebmitte 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 rect)tdahe sis fromst sthe date sebdateeofsssub- be mission of the.list, and any necessary adjustment made prier to final settlement. 17 ' c•.' "'ter receipt of a Notice of Termination, the Contractor/Subgrantee shall submit to the s Spoesor•'s Contracting Officer his termination claim in the fora and wit' _ certif_ ion prescribed by the Prime Sponsor's Coatracting Officer. Such claim sha sub.itted promptly but in no event later than one year from the effective date of tet_ urination, 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 thereto. However, if the Prime Sponsor's Contracting Officer determines that the facts justify such action, he nay 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 tine allowed, the Prime Sponsor's Contracting Officer nay, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrent, 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 nay 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 erect of the failure of the Contractor/Subgrant and the Prime Sponsor's Contracting Officer to agree '_a whole or in part, as provided in paragraph (d), as to _ the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor/Subgrantee im connection with the termination of work pursuant to this clause, the Pri_a Sponsor's Ceetracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this ccntract/subgrzrt , deter-.ane, on the basis of information available to him, the amount, if any, due to the Contractor/Subgrantee by reason of the termination and shall pay to the Contractor/Subgrnatee the amount determined as follows: (1) If the oettlement iecludas 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 Notice of Termination, and such of these costs as may continue for a reasonable time thereafter- with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, 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- ccetracts or orders,-as provided in paragraph (b) (5) above, which are properly charge- .''ie to the termieated portion of the contract/subgrant; - (iii) There shall be included '_a the reasonable costs or settlement, including . •corm t ee leg..i, c ericti, tt d other expanses reasctably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the co^_tract/subgrant anc for the termination and settlement of subcontracts thereunder, toeetha= with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the torniration is for default of the Contractor/Subgrantee there shall not be included rr.y anotats for the preparation of the Contractor's/Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee payable under•the contract/subgrant determined as follows: (t) Ir. the event of the termination of this contract/subgrant for the conver...ence of the Prima Sponsor and not for the default of the Contractor/Subgrantee, there shall be pain a percentage of the fee equivalent to the percentage of the com- pletion of work conteop].ated by the contract/subgrant, less fee payments previously made hereunder; or 4 18 .(B) In the event of the termination of this contract/,subgrant for the default of 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 total number, of articles delivered to and accepted by the Prime Sponsor bears to the total nt,riber 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 er if no timely appeal has bean 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 arrirtng at the amou:ic due the Contractor/Subgrantee under this clause there shall be deducted (1) all =liquidated advance or other payments theretofore made to the Contractor/Subgrantee, appi=cab_e to the terminated portion of this contract/subgrant, (2) any claim which the Prime Sponsor ray have against the Contractor/Subgrantee in connection with this contrsc`/subgraac, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor/Subgrantee-or sold pursuant to the provisions of this clause and not otherwise received by or credited to the Prime Sponsor. • h. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer, and such.adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to tine, under such terms and conditions as it nay prescribe, make partial payments and payments on account against costs incurred by the Contractor/Subgrantee in connection with the terminated portion of the contract/ subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be within tha amount to which the Contractor/Subgrantee will be -_titled hereunder. If the total of such payments is in excess of the amount finally to be ..se unser.this clause, such excess shall ba payable by the Contractor/ oubg-a,;nt-!.o to the Y-__=_ Sponsor upon demand, together ::its interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: Provide?, however, That no interest shall be charged with respect to any such excess paymen 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 C6ntracting Officer by reason of the circumstances. (j) The previsions of this clauss relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. S. TERMINATION FOR CONVENIENCE 19 '} Thi-rovisions set forth in this clause 9b shall gov:in, in lieu of clause 9a should :his c :t/subgrant be for experimental developmental or research work and the Contrac Subgrantee is en educational institution or other nonprofit institution or no -fee or no -profit basis. a. The performance of work under this contract/subgrant may be terminated, in whole nr 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- ination becomes effective. b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel his outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise all reasonable diligence to accomplish the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/Subgrsntee 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, toftheiee xtent he may require, xhich appro-al or ratification shall be final for all purposes clause, and (2) assign to the ?--me Sponsor, in the manner at the time, and to the extent directed by the _me Sponsor'sContracting Officer, all of the right, title, and inter- est of the Contractor/Subgrantee under the orders and subcontracts so terminated, in .-it:h case the Prime Sponsor shall have the right, in its discretion, to settle orpay any or all claims arising ot.r of the termination of such orders and subcontracts. c. The Contractor/Subgra tee shall submit his termination claim: to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more exten- sions in writing; are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Subgrantee within such one-year period or authorized extension thereof. Upon failure of the Contractor/Subgrantea to submit his termination claim within the tire allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of - this contract/subgrant, determine, on the basis of information available to him, the amount, if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. d. Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/ subgrant. rah (c) above, and subiect to any review require _ ',-abject to the provisions of paragraph n •. ?rime Sponsor's contracting agency's procedures in effect as of the de f nf aCo execution th this so:tract/subgrant e Cantractor/Subgrantee and the Prime Sponsorat 's nt to the racting 0fficer y agree upon the whole or any part of the amount or amounts to be. CO3tractcr/Subgrantee by reason of the termination under this clause, which amount or amounts nny include any reasonable cancellation charges thereby incurred redonaltserCoctrContractor/ Subgrantee and any reasonable loss upon outstanding commitments for p Lich 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 Conzracter/Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract/subgrant and the Contractor/Subtrantee shall be paid the agree amount. 20 f. —e. Prime Sponsor may from time to time, under such terme sand conditions asantee may p Ube, make partial payments against costs incurred by het whenever, Su the in Ce:. .ion with the terminated portion of this contract/rubtrof such er,ipaymentt i n opinion of the Prime Sponsor's Contracting Officer, the aggregate within the amount to which the Contractor/Subgrantee will be entitles, hereunder. If �..e total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, by the ee thee erate ofe6epercent 1per annum, be ebeginning o30rdays rfrom gthe tdate oofhPrime or at such demand. g. The Contractor/Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the tines, and to the extent, if any, iirected by the Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to the Prima Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the' performance of the work terminated by the notice. Other than the above, any ttermiiation inventory resulting from the termination of the contract/subgrant may, withapproval 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 any such disposition shall be applied in reduction of any pay=ents to be made by the Prime Sponsor to the Contrtor/ S::bgrantee under this contract/a-bgrant or shall otherwise be credited to the price cost of work cc•:ered by this ccneract/subgrant or paid in such other•manner as the Prime Sponsor's Cont Zing Office- may direct. Pending final disposition of property froom the termination, the :actor/Subgrantee agrees to take actionhe as may be eioa necessary, or as the Prime Sponsor's Contracting Officer nay direct, and preservation of the proper= related to this contract/subgrant which is in the possession of lbs Contra_ctar/Sebgeantee and in which the Prima Sponsor has or may acquire __,. an interest. 9. C0\STRUCTIO2: r_?D BUILDIN 3=_LJ3ILITATION 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 Sponscaoreor stall lobe admin rutiittered under the guidelines of A-102 and parts of Paragraph IV, app procurement. 13. LIS'_IITG OF EMPLOYMENT OPENINGS (finis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or =ore.) e. in order to pro-:ide spacial emphasis to the employment of _.. Contractor veterans that all suitable employment �cisab'.^_�: rcet::razs and veterans of the viatnar: erg, ez of tha contractor which exist at the time of the execution of this contract and those which `rwhich occurduring the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than theone e • wherein the contract is being performed but excluding those of indepenldentlyffpera of the corporal affiliates, shall be offered for listing at an app p State erployaent service system wherein the opening occurs and to provide such reports tc• s•_ch local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10;000 are) or if it its with tquarS t te•:or local goverment the reports set forth in paragraphs (c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitmentservice ca or effcrt and 3ha11 involve the normal obligations which attach to the placing of fide ja`order, including the acceptance of referrals of veterans and nonveterans. 21 Thts lie-`'ng of employtent openings does not require the hiring of any particular job apclic from any. particular group of job applicants, an. nothing herein is inter' to rel, the Contractor from auy requirements in any statutes, Executive orders, o 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 aondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 days after the end of each reporting period waerein any performance is rade under this contract. The Contractor shall maintain copies of the reports submitted until the expiration of 1 year after final payment under the contract, during which time they shall be made available, upoa request, for examination by any authorized represent- atives of the Contracting Officer or the Secretary of Labor. d. Whsnever the Contractor beco:es contractually bound by the listing provisions of . this clause, he shall advise.the employment service system. in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system-., there is ra need to advise the State system of subsequent contracts. The ^.,.^tractor may advise the Stat_ system when it is no longer bound by this contract clause. e. This clava does net a ply to the listing of employment openings which occur and are filed outside of tha 50 Szetes, the District of Columbia, the Commonwealth of Puerto Rico, Guava, and the Virgin islands. f. This clause does not apply to openings which the Contractor proposes to fill from within his own crg.snizatioa 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 aonproduc`iot; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less1than $18,000 per year. The term includes full-time employment, temporary employment of :ore than 3 days' duration, and part-time employment_ It does tot include openings which the Contractor proposes to fill from within his own organiza- ticn or to fill pursuant to a cuetonary and traditional employer-union hiring arrangement. eopria_s oi_ict of the State employment services yst n" means the local office 'ada_al-State nationals era of public erploys•entoffices with ams•1gt d reapoasi- b limy for serving tha area of the establishment where the employment opening is to be filled, including the District ofColumbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" coals employment openings for which no consideration will be given . to persons outside the Contractor's own organization (iacludirg any affiliatea, su5- s;d_r.ries, and parent companies), and includes any openings which the Contractor proposes t(' fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes * * to fill pursuant to n customary and traditional employe. union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a spatial hiring arrangement, including openings which the Ccir.tractcr proposes•to fill from union halls, which is part of the customary and tradi- tions] hiring relationship which exists between tha Contractor and representatives of his er:ployeaa. 22 administered by the Veterans Administration for a disability rated at 30 percentum or more, `or a -son whose discharge or release from active duty Was rot a disability incurr - or ash :d in line' of duty. (6) "Veteran of the Vietnam era" means a person (A) (i) ad on' active duty with the Armed Forces for a period of more than 180 days, 9 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 fo service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 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 conplj 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 enplo ment 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 Nanpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the '_acts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable _hereto. i_ The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract dir=ctly under tract. 11. DEVIATIONS Under the tact= compelling circumstances such as situations where the needs of the Government cannot reasonably ba otherwise supplied, where listing of employment openings would be contrary to national security, or where the requirement of listing would other- wise not be in t.__ best inter= - of the Government, a deviation from this subpart may be - made, subject to the approval of the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for Manpower, U. S. Department of Labor, Enploynemt and Training _Administration, 555 Griffin Square Building, Griffin and Young Streets, Dallas, 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 ender 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 :ecision to writing and mail or otherwise furnish a copy thereof to the Contractor/ .._`_grantee. The decision of the Prime Sponsor's Contracting Officer shall be final and unless •._chin 30 days from the date of receipt of such copy, tha Contractor/ :bz,rer.t_a sails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a .:itten appeal -- --'-ed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capri- cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not • supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer in support of its appeal. Pending final decision of a dispute hereunder, the Ccn.:rctor/Subgrantee shall proceed diligently with the performance of the contract/ srbrra-t and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in :cr.aecticn with decisions provided for in paragraph (a) above: 23 '_ov ded,'That nothing in this contract/subgrant shall be construed as making final the =_cision' - any administrative official, representative, or board.on a question of lay .3. St3C'. ACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- .,atracting 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 .:..tracticg Officer as required by this paragraph. 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 .'ministration of the CETA Program. :5. OED_R OF PRECEDENCE In to event there are inconsistencies or conflicts in the grant and/or contract, -less otherwise provided, thereo=,the inconsistencies shall be resolved by giving :ecedeace in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2) -.e regulations as approved by the Secretary of Labor (3) Special Clauses (4) 13C 74-7 '5) FMC 74-4 (6) The Conprehe=si a Narpower Plan as stated in the grant as applicable each title. Motions passed by the Co -s^ -='+•m Executive Board: June 13, 1974 - Each progr:- that is approved have an approved wage scale derived _..n a comprehensive wage stud; conducted ia their areas, and an approved Affirmative :ion Pian. . J:a-e 17, 1974 - Cut -of -area travel for each program not exceed $25 per day. June 2, 1975 - No contractor exceed 17% for administrative cost and All out -of - .:ea travel for any program have clearance by the staff. September 22, 1977 - Allowance of up to 18e 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 seacies. Governmental agencies shall pay travel expenses consistent with the policies r=oved by the respective governing bodies. 24 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. 25 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 Nueces National Bank Name Nueces County Community (Signature) 10-1-79 (Date) Melba Jimenez (Type Name) Assistant Vice President (Title) Action Agency 26 (Signature) 1Q-1-79 (Date) Gilbert Rodriguez (Type Name) Board Chairman (Title) AGREEMENT FOR SPECIAL BANK ACCOUNT The Nueces County Community Action Agency hereinafter referred to as the Contractor; the unit of local, government herein- after called the Program Agent; and Nueces National Bank , a banking corporation located at 1434 S. Port - hereinafter referred to as the Bank, hereby mutually agree a: 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 " NCCAA CETA Title II -D 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 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. 27 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 Nueces National Bank BANK COLLATERAL required, based upon estimated maximum bank balance, (excludii FDIC coverage of $40,000, is $ N/A SIGNATURE DATE 10-1-79 CONTRACTOR USE TYPE NAME Melba Jimenez' TITLE Assistant Vice President ADMINISTRATIVE UNIT CONTRACTOR' S NAME Nueces Community Action Agency SIGNATURE DATE • SIGNATURE DATE 10-1-79 TYPE NAME TYPE NAME • Gilbert Rodriquez TITLE TITLE Board Chairman 28 g AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $ 4,733 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. 29 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. Blas A. Gomez, Fiscal Officer 2. Will the Accounting System be directly maintained by you? 1 x 1 Yes II No (If No, who will maintain the account— ing system? Name and Address 3. Are you familiar with the Department of Labor Audit Requirements? Ix 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.) The agency maintains a manual system of accounting which consists of double entry bookkeeping, composed of general ledger, general journal, cash disbursements, purchase orders systems. It follows the general accounting procedures in accordance with federal regulation. 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 Blas A. Gomez Signature (512) 883-7201 Date of Execution 30 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. 1. President Gilbert Rodriguez First Vice Pres. Edna McDonald Treasurer Tom Basil Exec. Director Robert Aguilar 2. See Attachments - Policy is on a continuing basis and covers Board Members as well as employees. 31 INSURANCE REQUIRE`ENTS Copy of workmen's compensation policy including persons covered or similar . type of insurance for same purpose. 32 CQNTAFT SIGNATURE SHEET CONTRACT NUMBER I MODIFICATION NUMBER PROGRA. iNT: City of Corpus Christi CONTRACTOR: west poso Independent School Dis P.O. Box 9277 5U5U Rockford 077 Corpus Christi, Texas 78408 Corous Christi. Texas 78416 This contract is entered into by the City of Corpus Christi herein after referred to as Program Agent and West Oso Independent School Dis-, hereinafter referred to as Contractor. trict The Contractor agrees to operate CETA Employment and Training Program in accordance with the provisions of this agreement. This contract consists of 32 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 to 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 . II -D FISCAL YEAR TOTAL, $ 36 900 FY 80 FY FY $ 36,900 Total $ 36,900 $ 36,900 . APPROVED FOR THE PRIME SPONSOR DAY OF B1: R. Marvin Townsend City Manager APPROVED FOR THE CONTRACTOR DAY OF BY: (Signature). Ramon Hinojosa, Superintendent Name and Title (Prime Sponsor Use Only) APPROVED: DAY OF APPROVED: Director of Finance DAY of ATTEST: City Attorney City Secretary PROGRAM NARRATIVE A. Public Service Employment participants employed through Title II -D of the Comprehensive Employment and Training Act Amendments of 1978 will be recruited and employed consistent with the Rules and Regula- tions as published in the Federal Register, April 3, 1979, Volume 44, Number 65. Special Project positions will be used to accomplish specific tasks as reflected in the attached Special Project Data Summaries incorporated and are made a part of the Program Narrative. B. Recruitment for position vacancies will be conducted by the City of Corpus Christi's Personnel/CETA Unit through the Texas Employment Commission. Eligibility certification of the applicant will be consistent with established policies of the Coastal Bend Consortium. Selection and hiring of applicants certified as eligible for Title II -D Program participation will be conducted as specified in the Act and its 78 amendments by the contractor. C. 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. D. The contractor agrees to adhere to the average annual wage of $7,110 as mandated by Issuance No. 92-79, dated May 29, 1979. 2 'T r PSE PROGRAM SUMMARY 2. CONTRACT NUMB 1. CONTRACTOR LIAISON OFFICIAL Roman Martinez 3. TITLE II -D 4. CONTRACTOR DISTRIBUTION OF FUNDS AND JOBS 5. TYPE OF UNIT 6. AREA SERVED 7. POPULATION 8.NO. OF JOBS 9. FUNDS West Oso Independent School District School District City of Cor- pus Christi 5 $ 36,900 3 10. TOTAL 5 $ 36,900 11. OTHER ACTIVITIES 12. TOTAL $ 36,900 (1 (2) r OCCUPATIONAL SUMMARY Contractor: Oso I.S.D. Contractor: 5050 Rockford Corpus Christi, Texa E16 ) OCCUPATIONAL TITLE BY EMLPLOYING AGENCY NUMBER OF CETA M10. JOB TOTAL JOBS WAGE RATE DURATION WAGES (A) (B) (C) (n) (E) TITLE II -D POSITIONS English Department Aide 3.40 p/h 1 589 12 3 7,068 General Educational Clerk 3.40 p/h 4 589 48 28,272 • TOTAL 5 --- --- $35,340 FPT.NGE BENEFITS • 1. FICA 2. Workmen's Compensation @4.28% per 100 3. Other (Specify) 1,560 4. Other (Specify) . 5. Other (Specify) Sub—total fringe benefits 1,560 TOTAL $36,900 4 11.11. U1:1'AIU M7tN'1• UP I.AIn1tl • Iiugdoyorenl unJ •t',ulntot AJmI I.l, iun P S G OCCUPATIONAL SUMMARY CON I'RACT NI)MBER • • NAME AND ADDnCss OF CONTRACTOR West Oso Independent School District 5050 Rockford Corpus Christi, Texas 78416 . •a.1 a. TYPE OF PROGRAM ("x"eppruprlac b.x(rrl) a. ( 11 • D b. Cl vi c. ❑ Spacial Oovarnor'a other (Spec)/y) 4.. PROGRAM AGENT, EMPLOYING • AGENCY AND POSITION TITLE — ——(A) -- NO. OF JOGS COMPARAOLE wAGO 1 ANNUALIZED CETA WAGE 'SUPPTATION. =LTA ' DF WADE/sALAnY PERSONY€ARS 0P PPLNNEDNT TOTAL ANNUALIZED WAGES (n)^(C) 19) in if} f0) Sub -Contractor West Oso Independent School District `Non -Project Positions 1 • 4 . ' $ 7,068 7,068 •0 0 . 1 • . 4 $ 7,068 • 7,068' Positions Created Prior to 10/01/79 English Department Aide i Positions Created On or After 10/01/79 General Educational Clerk s ' r,- TOTAL t... m.. 5 0 • . 5 6 ti L CONTRACTOR' S NAME AND ADDRESS West Oso I.S.D. 5050 Rockford Corpus Christi, Texas • 78416 11.8. 111.1M11•1411:81' 1)1. 1,101111 Pulpinymcnl and 'II:41,1117 Asbuhn,irnllon CD'A PROGRAM PLANNING SUMMARY b. CONTRACT NUMBER C. GRANT YEAR From f V I 0 W gd D 3 It Is a FOR REGIONAL OFF CC U50 ONLY 11 a CONT RAC7 )(CY October 1, 1979 0 0 1:711 1. 17 11 131 d. 1YEE OF PROGRAM 1. CI Title ti/c 5, °T(tle VII To 2• a`.5TIIIG 11 7) 6. Q Admin. Cost J, L7 7lllt III Smelly September 30, • 1980 • • C. Elmo vl 7. C3 Other 1881611.11 A (Total Cnrollmentt) 13 the mm of AIS FUR. Ia1ndENUNS A2. 5 (To1lt5Termin:tlonr) Is the rum of D.1 through • U,S. C (I^.an.ned lemollments) It A minus U. • Sec, ile Enter In lin. (a) Cn•ollmenla In each program activity nnnuiallvely through the gran) year, end In Ilne (b) the number of parllclpanle planned to br rnrolird In tach program activity at the end of each quarter; parliclpinu who are communal? enrolled In mole than one aelivily should be counted to each activity In which they are tnrolied, Sec, IIIc Enter Ike cvmuinllvo number of parllcIpantt In each .tegntenl to be enrolled durin, the grant yern, Participants should be vounlyd In es many algnllicent rcgment groups as 030 applicable. • 1. ENROLL7v1CNT AND TERMINATION SUMMARY , • • GRANT YEAR-TO•DATE PLAN .. LL A, TOTAL OEPOI7 rNn GLI.• 1. Cnroil• O PERIOD MF.N iS Inenit va,Xr_ D. TOTAL 2. rarllci• TCnl.tlNA• Panit Grthl TIONS Over 1. rnlar4ta L'nryiuymvt' --- ' a. Oircet Inanllt• b. Indlrec! Incrntl, e. Oblalned )nenvvmn, 1. Ohne+ Putlllr0 7. Nnn• purllied C. PLANNCO pvr7rJCL1.sINr• r q / .. L r .... t _._.,.,._....._..�_.� _ ,._� . •/•. ady.,n %;; :i%.( Y' • __ _ _ 1 a 7 9 ...7 _... 2 --- 5- - -- D ' • 0 -- --• 0 -- 0 ._, ..�. _. 1 ,_ _. --. 1 . . ,.., 5 e..*..,�7 • -- •:.•. C 5 4 1 0 0. 1 1 2 5d c r _ I 1 'r nf_Q-_..1.1---___12......._94 3 3 0 . _� 9 1 3 b) Currently Enrolled C 1 3 n90.15 7� 15 15 `�. 0, ___.4._ 3.ri1� 7• 0 _3_.. 7 '1 ;_2 7a d 7l 30 ' Al' .101•, Sl 90 13'31 r,�• • 7l' ' ' 76 1 , Il. PLANNED ENIIOLLMCNI0 IN PIIOOIIAM AC rIVIr1CS A , 11 1: D C ' CLA116(1oo1.1 T16170140 Of•llm•Jol 10,0. 18rvy.• Work TTS Mesta-, Alm/ 74030, Voe. CO. 710111109 rnynry,.o,rt Crinleneo D 2 al Tolel Cnrollmtnll••' 1 7 7 e..*..,�7 C 3 b) Curtenlly Cnrntlod 11 7 9 - D 7 31 Total Cnrnlinsenit 11 3 3 0 C 3 b) Currently Enrolled 0 3 3 0 __._.9 5 C'•—• 2 11 Tc101 f:rV ulin enlr 0 0 0 11 0 .3 b) Currcnuv Cn,ellcd 0 0 ci Q 5 D 2 el Total Cnrollmenls 0 0 8 0 0 7 A) Currenlly Enrolled 0 9,, 4 1 7 3 '• .•. f•, :•••••••:.;" 23247: 2? 2670 31 J --..—.—...-.- JO al nd • , IV, otli:l1 ACTIVITIES Inn hnnnc. lir) Indica:a other ceilvltlet nr medal pro9roml on :Hoch. ni1011, Oeleribt thelr ob)a7Uvor and Iltt 11111 ttonrt !Gond 1hr;r achlcvamont Ina quantllol)va or narrallov 71101nnlnlion, SIONIrICANT SEtiMCNTS A JEron Ai sadl ✓ n Unemp 10/19 III, SIGNIFICANT SEGMENTS GRANT YCAO'TO.DATC PLAN 17/31 3/31 151 (bl 161---- 0/311 0/711 Id/ 15 r 0 14 SICIN1PICANT SC01.1CN103 n11ANT YCAIl•TD.r7ATC PLAN 17/31 7/71 n/30 • 9/30 rerny —rms. 7 CONTRACTOR'S NAME AND ADDRESS West Oso Independent School District 5050 Rockford Corpus Christi, Texas 78416 U.1. t:IrA<BTM$U1 Jr LAnun $mplcymeul and 7'ralnln<t Adoduleln{Inn BUDGET INFOUMATION SUMMARY October 1, 1979 -September 30, 1980 . O. ron nCOIONAL OFFICE USE ONLY 5- U 0 0 3 C0e1T11AC1' HEY a s s� .12z z d} M013. 13A1 C MM 00 YY 5- I35 F 4 5 0 10 II 12 13 14 IS 16 11113 4. CIIIAHT Pn00I1AM FtJt<CTIQN 011 ACTIVITY Adndnhtratlon . Allowance . Wages Ft Inge nenellte Training . Servlrtt Tottle .il '+C --�rl i; 0 E 19120 21 22 23 24 25 2-6 2) 21 22 31 —171 44 2.1 E. IIVOOL• SIIMMAIIY COST CAl'E10IIICS 50 ruNUS C. Non•redetel ( (1 2 3 2 J: id 21 35 44 53 G2 71 I. CONTRACT NUMBER C. TYPE or PflOO1lAM 1. L/ Title II—II&C 2: Az/ Title II—D 3. L/ Title III Specify 4. L/ Title VI 5. L_/'Title VII 6. L/ Admin. Cost 7. Q Other NLW (aft REVISED O d. Federal 26 1113nET a. blond' tiler l $ 35 340 1,560 f. TofAL Ij l}jT'.i{:ll{it�(4:ai h.Y va Al — — t`I 1,11414:1. M; (fil • •r•'•rr 1•Yi � ::r�+1: n.E.: iT�A:'�i $ 36,900 35 ' . $ 36,900 F. CUMULATIVE (IUAf TE(LY PfOJCCTIOIJS or 01ILIGATIONS ANO Exi'ENOITtJIIES (for Ouariar FuJ6r ' �v.�.—. —' 1 2 i 3 3 35 44 53 62 •f 1 3 21 22 25 24 2 - L..i :I YS v. 26 1 S 9,210 1 2 •. 3 Tl 23 2' rJ - .� 1 2 .7.:E o 3 3 ' r 23 2) .. �� -[4q 1 2 t'` 3 7 3$ 35 21 2, 23 24 25 r, Li, s . 7• ,� 26 36,900 ---.• rtlnte Sponsor 0141041ton: • a rye 7• ;.. , r•; L ri •'x�1�' Is 4/ 1 2 0 26 3 $ 18,420 20 $ 27,630 >� 0 �' 1' Tots! rrcjecled 5tpervllluret by Prollnm 9.210 i 11 3' 18,420 •� ?F'. 35 27,630 36,900 2. Clatroonl Ttalnlu , Prime Sponsor 5. OndluJnb Tralnlrn ki y 5• '1. '• •1 �': 53 c 71 ;j li 53 e. Public Service Employment _1 9,210 V !•• .• ,�; pi I 2 '� 62 18,420 27,630 „ •; A' h^ 'I. 62 71 36 900 d. Work Ezperlonc 26 'tY. 7(ieR'. (11 71 : I ;r, . 4 2 O Cr, .1 4, Service: to raflicIpenit - 3 26! , My-. • 3 4 35 24,11.7M 7fi{II y y ,1f�YOK 1 2 3 2(5.5j( ''If, O ' 4 0 .}7.135 4 0 . ' T 4 35 41 5.1 63 .' I. Olhcr AcIlvltiea a: S' Jr, I, T., 1 iS, 1f 22 41 53 62 j I'rcleeled Expenditures for Vocational Ed. in 31;2414131;241410 eal 01414 to nvernort C� C: i h t 41 'f '. it 'i • l;l 44 53 67 ' t' }l , *jf ,::: -------- v ._••. IhoJccled l:apendltnree of tlon•Fed. Fund: 'I 1 53 Olbrr red. Ftnldr, 11n1 In Mine Spnu.0;ml 1 . :' f•, 67 nreml T.,1,1 • rioJretrd I:gmndhurar ___---•_—�—�-----_------__-- 'T � 7I1', � $ 9,210 '•� '�1 $ 18.420 71 $-27,630 '1 �; 71 _g 36Ann OMB Apyrovat No. 44-32655 ' OP9ARTM.ENT 07 LABOR mploym.rrt and Tr b o9 Aominlamt)on C:k.iA ls1014TY3LY SCL ULE CONTRACT NUMBER O. ryas Cat PROGRAM ('iY'-on.) 11 _O O Vi • O 5rr1a1 Griot to Cownoo CONTRACTOR'S NAME AND ADDRESS West Oso Independent School District 5050 Rockford Corpus Christi .Texas 78416 • POA ReC4onALcalr,CS 034 Ont.." CONTRACT KEY av a0 } 1 rtz o UL, j ` I 1 I 1 1 IM 41 5 617 319 1011 13113 1-11111511:1111 t7( zd • i•._: < 5 C.. > O y H ____ _ 1. MOKT/4 ENO OF MONTH. . -U r Iii_ ARCOEL,,,./ CUMULATIV3 . �.� a=:YO/T'J�� OT— • ,B I- MNN __ — ...--._ •.___ __ •-.. •-- • 11 Ft -AMIE -0 CURRENT E1YROt..LMENT I - - tion-Project Jobs 1 Projects 22 { o 'f{ 9 _o 5 . _L 0 3a ' $.070 1 2 ') 3 E :•••••4`. +` 1{ 1 1 7{ 9 5' 0. 6.140 1 1 z 17 19 . 5 0• 9,210 hc��„ ,- o{ T f 8 10 5 0- 12,280 ki. %,.:-...:.-,- r-" 0 1 2 18 L0 5 0 - 15.35n . ['<- M-"" 5 -- -- _ o 3 8 0 5 • 0 18,420 0{ 41 8 0 5 0-- 21, 490 sem, s sr^• o j s{ 8{ 0 5 0 24,560 �. �- =-` .1 1 6 18 10 5 - 0 27,630 0 7 [ 8 10. • 5 , 0 30,700 E2_ �'` ..:,. = e:::•-,-,,, `. . _ 0 1 8 j-8 10 . 5 . 0 . 33 770 0 { 91$ 10 00 $,36,900 - 11 ��:�_ 1 . - _ ._. _ _ _ _... . ---- 1 1 1 ..- • 1 1 1 - - 1 l 1 - .� ._.- 8 ETA 22028 (Apt: 1979) uuN1RACT N0. STANDARDS OF PERFORMANCE The West Osa Inde nl P�nLachool Dict' will perform according to the rules and regulations as set forth by the Coastal Bend Consortium and the Rules and Regulations established for Title VI under the Comprehensive Employment and Training Act of 1973 and its amendments as published in the Federal Reoisrer, Tuesday, April 3, 1979, Volume 44, Number 65. The program agent 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. 9 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. 10 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 employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. 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. 11 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. 12 ASSURANCES AND CERTIFICATION The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. West Oso Independent School District 5050 Rockford, Corpus Christi Tx Legal Name of Applicant Address Ramon Hinojosa, Superintendent Signature of Authorized Officer Typed Name & Title of Authorized Officer October 1, 1979 Date of Application 13 SPECIAI. CLAUSES 1. ML -t.. a. The Prima Sponsor's Contracting Officer may, at any time, without notice to tue sureties, by written order designated or indicated to be a change order, make changes in n any one or more 1draw drawings, d she senoras specifications; (2)scope of this tinctheimethod or scanner offthe perfofrmance of (1) dorwing3) iesthns, P method of shipment or packing; the work; (3) in the Government -furnished facilities; (4) or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination)'from the Prime Sponsor's Contracting Officer, which causes any such changns as enumerated in (a)above, shall be treated as a change order under this clause: Provided, that the Contractor/ Subgrante f written notice circumstances),eandrthexsourceoof the orderas te Pima Spnsor's danthatfthe rContractor/Subgrantee ng the ate. regards the or2.er as a chsnoe order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor/Subgrar.tee to an egtitable adjustment hereunder. d. If any change tinder this clause causes an increase orcdr ecrease iare inot efe Contractor's/ k Subgrantee's cost ef, or the time required_ for, the pe under this contract, whether or not changed by any such order, anpeOVitab,ehadeustmentat shall be made and the contract modified in writing accordingly: costsved, however, more than no claim for any change under (b) above shall be allowed for any 20 days before the Contrecter;S;toirantee gives written notice as therein required, And provided further; -That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor/Subgrantee in attempting to comply with such defective speci- fications. e. If the Ceretractor/Subgrantee intends to assert a claim for an equitable adjust_ er Hent under this clause, he must, within 30 days after receipt the of a under (a) above or the furnishing of a written notice under (b) above, submit to hetuxe Prima Sponsor's Contracting Officer a written statement setting forth the general and monetary extent of such claim, unless this period is extended by the Prime. Sponsor. The statement of claim naderobsoleteayo rexcesse uasdthe resultnotice a changeeb) is included in the the cost ofr' propertyjustment, the Prime Officer shallahave'theui.�torprescribeclaim othe r dmanner of disposition pofssuch property. shall have the right P f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall �s•sub�rart- fIn t'• ,.e'. if assa_r.e_ after 1 payment under this centrect./ `. Failure to agree on the terms of any equitable adjustment shall be a dispute d �• concerning a question of fact within the meaning of the clause of this contract entitle "Disputes." h. 'Nothing in this clause shallexcusetheiConSponsor'st,Coranteeifrom Contracting proceeding with the contract/subgrant as changedby in eroe, or r t'riting, either by (i) issuance of a written charge order as Contracting i (aebed)facoiof (ii) id:uance of a written confirmation by the Prime Sponsor's resulting fron an the written notice required of the Contractor/Subgrantee in (b) oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMINATION 14 the policy of the Executive Branch of the Government that (a) contractor and sL etractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connec.__en with the terns, 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 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accor— dance with the limitations imposed by 29 CFR Part 1500, Subpart C. 4. EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The Cc:_rector will act discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affir—:ati_ve action co ensure that applicants are employed, and that employees are treated derixg employment, without regard to their race, color, religion, sea, or .national origin. Such act_on stall include, but not be limited to the following: - Employment, uasrading, demorico, or transfer, recruitment or recruitment advertising; layoff or ter_ieation; rates of pay other forms of compensation; and selection for train— ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The ecztractor 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 tha contractor's commitments under section 202 of Executive Order 11246 of Septetber 24, 1955, 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 3ept__:ber 24, 3955, and of the rules, regulations, and relevant order: of the Secretary .... i ._ho-- (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1955, 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 r of this contract or with any of such rules, regulations, or orders, this contract nay 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 Era_uti:'e Order 11246 of Septebber 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. 15 (7) e contractor will include the provisions of para;raphs (1) through (7) in every r tract or purchase order unless exempted by rules, regulations, or orders of the Sec. ry of Labor issued pursuant to section 204 of. Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor c vendor. The contractor will take such action with respect to any subcontract or purchase 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. TRAIT{EE 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 Pair Labor Standards Act including any special rate provided by specification under Section 14 of the A�n�srate 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 opport:mity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory p:egress or comdect. Termination of trainees or enrollees will be governed by disciplinary and grievance procedures approved by the Contracting Officer or his duly authorized representative: Provided, That in training facilities operating under a collective bargaining agreareo , disciplinary and grievance procedures provided in such an agreement and applicable ec trainees or enrollees covered by this contract, shall govern_ 7. TERMINATION a. The performance of :ort under the contract/subgrant may be terminated by the Prima Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor/Subgrantee shall default in performance of thts contract/subgrant in accordance with its terns (including in the term "default" any such failure by the Contractor/Subgrantee to make progress in the prosecution of the work hereunder as endangers such performance) and shall fail to cure such default withinr any a - period of ten days (or such longer period as the Prime Sponsor's Contracting 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 Notice oC Tere_na'_ion specifying whether terninatioa is for the default of the Cenr S •ee or for the convenience of the Prig Spansor, the extend to which performance an_r ob wo, perfuraz-.ce oz wort under the cpntract/subgrant is terminated, and the date upon which 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 was not in default pursuant to (1), or that the Contractor's/Subgrantee's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi- ,sicns o: the clause of this contract/subgrant relating to excusableddela s,rithe e Notice of Termination shall be deemed to have been issued under.(2) and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's contracting Officer, the Contractor/Subgrantee shall: 4 16 ") Stop work under the contract/subgrant on the data and to the extent specified in t mice of Termination; ) Place no further orders or subcontracts for materials, services, or fact ag, 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 Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; • (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract/subgrant. (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work s+applies, and other material produced as a part of, or acquire( in respect of the performance of, the work terminated by the Notice of Termination; (ii) the.completed or partially ceeeleted plans, drawings, information, and other property whit] if the contract/sebgraet had been completed, would be required to be. furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or men::fzctured for the performance of this contract/subgrant for the cost of which the Contractor/Subgraetse has been or will be reimbursed under this contract/ subgrant. (7) Use his best efforte eo sell, in the manner, at the times, to the extent and at the price or. 5iices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contracto. Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by-and at a price or prices approved by the ?rime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any paymeuts to be made by the Prime Sponsor to the Contractor/Subgrantee under this contract/subgrant or shall otherwise be credited to the price or cost of the work covered by this contract/ subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direr (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 Co:tracto_/Subgraetee shall proceed imeediately with the performance of the above cbligati_o s notwithstanding any delay in detercinine or adjuating the amount of the fee, or any item cfreimbursable cost, under this elacse. 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 ecr authorized by the Prima Sponsor's Contracting Officer, and may request the Prime ;pensor to remove such items or enter into a storage• agreement covering them. Not later than fifteee (15) days thereafter, the Prime Sponsor will accept such items and remove then or enter into a storage agreement covering the save: Provided, That the list submitt shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal o the items or, if the items are stored, within fort.-five (45) days from the date of sub- mission of thealist, and any necessary adjustment to correct the list as submitted shall b Lade prior to final settlemaut. 17 c. fter receipt of a Notice of Termination, the Contractor/Subgrantee shall submit to tt re Sponsor's Contracting Officer his termination claim in the form and wi he cerci cion prescribed by the Prime Sponsor's Contracting Officer. Such claim e be submitted promptly but in no event later than one year from the effective'date of tt._= m-ination, 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 thereto. However, if the Prise 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 Prima Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information atailable to hin, 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 prom -enures in effect as of the date of execution of this contract/subgrant, the Contractor/Subgrantee and the Price Sponsor's Contracting Officer nay agree upon the whole or any Hart 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 chs Contractor/Subgrantee shall be paid the agreed amount - e. In the e -:ant of the failure of the Contractor/Subgrant and the Prise Sponsor's Contracting Officer to agree in whole or in part, as provided in paragraph (d), as to the amounts with respect to casts and fee, or as to the amount of the fee, to be paid to the Contractcr/Subgrantas te2 connection with the termination of work pursuant to this clause, the Prime Sponsor's Co rracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgratt , determine, on the basis of information available to hin, the amount; if any, due to the Contractor/Subgrantee by reason of the termination and shall pay to the Contractor/Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee - - (1) Thee shall be included therein all costs and expenses reimbursable in accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee for the perforrance of this contract/subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter - with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, 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- -'le to the terminated portion of the coatract/subgrant; (iii) There shall be included in the reason able costs o settlement, including leg,L, cis:_mai, and other expanses reasctably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract/subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor/Subgrantee there shall not be included wry amounts for the preparation of the Contractor's/Subgrantec's settlement proposal; and (iv) There shall be included therein a portion of the fee payable under -the contract/subgrant determined as follows: (A) Ir. the event of the termination of this contract/subgrant for the convenience 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 the coatract/subgrant, less fee payments previously made hereunder; or a 18 (B) In the event of the termination of this contract/subgrant for the r gilt of th tractor/Subgrantee, the total fee payable shall be such proportionate par the fe.. ,or, if this contract/subgrant calls for articles of different types, of sue. ;art 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 Pride 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 Prima Sponsor's Contracting Officer has made a determination of the amount due under paragraph.(e) or (e) above, the Prime Sponsor shall pay to the Contractor/ Subgrantee the following: '•(1) if there is no right of appeal hereunder er 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 arriv=ng at the anoent due the Contractor/Subgrantee under this clause there shall be deducted (1) all unlicuidated advance or other payments theretofore made to the Contractor/Subgra tee, appiach.e to the terminated portion of this contract/subgrant, (2) any claim which the Prime Spoaser ray have against the Contractor/Subgrantee in connection with this contract/subgra+t, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor/Subgrantee or sold pursuant to the erovlsiore of this clause and not otherwise received by or credited to the Prime Sponsor. h. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/subgrant shall be equitably adjusted by agreement between the Contractor/Subgrantee and the Prime.Spensor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/subgrant. i. The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor/Subgrantee in connection with the terrrnated portion of the contract/ subgrant 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 -etitled tiereunder. If the total of such payments is in excess of the amount finally to be .. _ _:cin_ thio clause, such excess shall ba payable by the Contractor/ ., ._bgreac_to rhe Pr__e Spoasor upon demand, together with interest' computed at the rate 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 inveatory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. . (j) The provisir:res of this clause relating to the fee shall be inapplicable if this contract/subgrant does not provide for payment of a fee. S. Ttt INATION FOR CONVENIENCE 19 ' T' orov.Lsions set forth in this clause 9b shall gov;rn in lieu of clause 9a should this act/subgrant be for experimental developmental or research work and the Contr_ ;/Subgrantee is an educational institution or other nonprofit institution 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- inat'_on becomes effective. b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel his outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous iters. In addition, the Contractor/Subgrantee shall exercise all reasonable diligence to accomplish the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to t ?rime Sponsor, in the manner at the time, and to the extent directed by the ?rime Sponsor's -Contracting Officer, ali of the right, title, and inter- est of the Contractor/Subg_antna under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. c. The Contractor/Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more exten- sions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor/Stberantee 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/subgrant, determine, on the basis of information available to him, the amount if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. d. Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/ subgrant. 2. ;abject to the provisions of paragraph (c) above, and subiect to any review requit •,,j the ?rime Sponor's cont=acting agency's procedures in effect as of the date of executio of this co:tract/subgrant the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the . Contracccr/Subgrantee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor4 Subgrantee and any reasonable loss upon outstanding commitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding rcommit::encs 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 arend=sat to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree amount. • 20 f - Prime Sponsor may from time to time, under such terms and conditions as it •3e, make partial payments against costs incurred by the Contractor/Subgranr.e my pr in conn__.Lon with the terminated portion of this contract/subgrant whenever, in t e opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments i within the amount to which the Contractor/Subgrantee will be entitled hereunder. If tr.e total of such payments is in excess of the nt finally lynagreeagreed or orudetdetermined tobe due under this clause, such excess shall be payabley Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor/Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. g. The Contractor/Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the tines, and to the extent, if any, -iirected by the Prime Sponsor's Contracting Officer, such information and items which, if the contract/ subgrant had been completed, would have been required to be furnished to tht.Primn{ormation; Sponsor, including: (1) Completed or partially completed plans, drawings, andand (2) :materials or equipment -produced or in process or acquired in connection_ e with inattthe perfor-_at_ce of the work terminated by the notice. Other than the above, any inventory resulting from the termination of the contract/subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired dpbyotthe e by Subgrantee under the conditions prescribed by and at a price or prices Prime Sponsor's Contracting Officer. The Proceeds of any such disposition shall be applied in reeuc=ion of any payments to be made by the Prime Sponsor to the Contractor/ Subgrantee under this cottrac_/subgrant or shall otherwise be credited to the price or aid in such e cost or's Coco-: _in by this =nay direct. Pendingract/subgrant or pfinal disposition ofnner property arisithe ng Sponsor's Cont mitring Office= from-the ecessar termination, as he, rhe CSpo_sores/Contractingagrees Officeromaytake direct,action the protection. necessary, or as the Prime r and preservation of the property related to this contract/subgrant which is in.t e t Contractor/Subgrantee and in which the Prima Sponsor has or may acquire possess_cn of t::-. an interest. 9. CONSTRUCTI02: AND BULLDIUG RE:L.BILITATI0N 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 o.nsoreshall lobetade nin administered under the guidelines of A-102 and parts of Paragraph IV, app procurement. 13. LISTING OF E?!LOYMENT OPENINGS (rocs clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500 or more.) order to ro-:ida spacial enpbasis to the employment of Contractor agrees, inP .. `cisablec veterans and veterans of the vietnar: era, that all suitable employment ,i- ,; of the contractor which exist at the time of the execution of this contgeneratedacand byract, oth which occurtduring the performance hose occurrif ngls atcantestablishmentng othersthan tthe one this contractandincluding operated . s:'rerein the contract is being performed but excluding those independently localofficeof the corporate affiliates, shall be offered for listing at an appropriateof t State e^ loynent service system wherein the opening occurs and to provide such rep s r tc. such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10;000 or if it with itt required. b. local govern=en= the reports set forth in paragraphs (c) and (d) 1 i.. Liisting of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment service ations ch attach or ef_jncludingvthenacceptance ofgreferrals}of veteransoandeplacing of a bona nonveterans. 'ic'e i•o=~t.order, 7l This li g of employment openings does not require•the hiring of any particular job applic : from any particular group of job applicants, and nothing herein is cute to reli_ the Contractor from any requirements in any statutes, Executive orders, o 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 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized represent- atives of the Contracting Officer or the Secretary of Labor. d. Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise.the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State 'employment system., there is no need to advise the State system of subsequent contracts. She Ccatractor ray advise_ the Stat_ system when it is no longer bound by this contract clause. e. This clause does'net apply to the listing of employment openings which occur and are filed outside of tha 50 Szetza, the District of Columbia, the Commonwealth of Puerto Pico, Guam, and the Virgit Islands. ee f. This clause does not apply to openings which the Contractor proposes to fill from' within his own organization 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 arrangement for that opening. g. As used in this clause: (1) "Ali 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 nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of leas than $18,000 per year. The term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organiza- tion or to fill pursuant to a customary and traditional employer -union hiring arrangement. ^.) e,tropriate office of the State employment service system" means the local office t:' ;aderal-State national system of public employment offices with assigned reaoonsi- bil'icy for serving tha area of the establishment where rhe employment openiag is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given . to persons outside the Contractor's own organization (including any affiliatea,-suS- afdiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes * * * to fill pursuant to a customary and traditional employer - union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and tradi- tional hiring relationship which exists hetween the Contractor and representatives of his employees. 22 (5). "n4sabled veteran" means a person entitled to disability compensation under laws adair 'ed by the Veterans Administration for a disability rated at 30 percentum ore, Or a Jn whose discharge or release from active duty was or a disability incur. c aggravated in line of duty. (6) "Veteran of the Vietnam era" mans a person (A) wh.. (1) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty fax service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 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 corpy 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 co. -plaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEV=ATIONS Under the mot= coapelline circumstances such as situations where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the requirement of listing would other—' wise not be in the best interests of the Government, a deviation from this subpart may be made, subject t= the appro7al 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 Youig Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reaso:s for the request. 12. DISPUTES a. Except as otherwise provided in the contract/subgrant, any dispute concerning a question of fact arising under this contract/subgrant which is not disposed of by agree— ment shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his :ecisio: to writing and mail or otherwise furnish a copy thereof to the Contractor/ Subgrantee. The decision of the Prise Sponsor's Contracting Officer shall be final and �... .•s_: unless ,within 30 days from the date of receipt of such cony. the Contractor/ .':bracr.a>_ mails .-r c.the raise furnishes to the Prime Sponsor's Contracting Officer, a appeal adi:esaed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capri— cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supperted 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 y.i:e::ce in support of its appeal. Pending final decision of a dispute hereunder, the tcntractor/Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. :his "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: 23 Prgvlded, That nothing in this contract/subgrant shall be construed as malting final the decisio- any administrative official, representative, or board on a question of 1 13. SU3CG:'iRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any parts of this agreement. The Contracting Officer may, in his decretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate :,totice in writing of aty actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 15. ORDER OF PRECEDENCE Ia the event there are inconsisteacies or conflicts in the grant and/or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2) The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FITC 74-7 (5) FF'C 74-4 (6) The Comprehensive Manpower Plan as stated in. the grant as applicable to each title. . 16. Motions passed by the-Co_scrtiem Executive Board. June 13, 1974 - Each program that is approved have an approved wage scale derived From a comprehensive wage study conducted in their areas, and an approved Affirmative action Plan. . 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 Mi out-of- trea travel for any program have clearance by the staff. September 22, 1977 - Allowance of up to 18e per mile for travel. Per diem rates for out ,f to. --n travel be established at a level equal to Federal per diem rates for all non-profit _gencies. Governmental agencies shall pay travel expenses consistent with the policies :proved by the respective governing bodies. 24 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 pay -gent of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availabiliey, 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. 25 AGREEMENT FOR SPECIAL BANK ACCOUNT The West Oso Independent School District hereinafter referred to as the Contractor; the unit of local government herein— after called the Program Agent; and The International Bank , a banking corporation located at 3649 leopard hereinafter referred to as the Bank, hereby mutually agree a: 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 " CETA II 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 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. 26 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 International Bank BANK COLLATERAL required, based upon estimated maximum bank balance, (excludii FDIC coverage of $40,000, is $ N/A SIGNATURE DATE 10-1-79 CONTRACTOR USE TYPE NAME Gene R. Schade TITLE Sr. Vice -President & Cashier ADMINISTRATIVE UNIT CONTRACTOR'S NAME West Oso Independent School District SIGNATURE - DATE SIGNATURE DATE 10-1-79 TYPE NAME TYPE NAME Ramon Hinojosa TITLE TITLE Superintendent r 27 g 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 International Bank Name West Oso Independent School (Signature) October 1, 1979 District (Signature) October 1, 1979 (Date) (Date) Gene R. Schade Ramon Hinojosa (Type Name) Sr. Vice -President & Cashier (Type Name) Superintendent (Title) (Title) 28 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. Jose H. Cantu 2. Will the Accounting System be directly maintained by you? X Yes No (If No, who will maintain the account— ing system? Name and Address 3. Are you familiar with the Department of Labor Audit Requirements? XI 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.) Automated system is used providing all necessary journals in accordance with Bulletin 679. 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 Jose H. Cantu, Director of Finance Telephone No. and Area Code 885-3321 Signature Date of Execution October 1," 1979 29 AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $ 3,070 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. 30 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. Mr. Welder Brown Miss Tereza Gonzalez Mr. Ramon Hinojosa 31 INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. 32 T IsY I o: ,(. ff Chuck Speed ,Director of Personnel c. HAL ROSINESS FORMS enw..•-. *....r -re FROM: C 1. Ezequiel P. Elizondo 3 Project Director . SUBJECT: Del_Mar-Colla e. Re ues t -to Discontinue DATE: r'tt g 9 October 31, r1 -9a v Titeir=CETA;Subcontractl U) o C.J. rn rn MESSAGE: r .� LV rrs . Ca ^o -Please be advised that Del`blMar-College will_not-be_par-ticiRating'7 in tib rttt}�f ' Corpus Christi's CETA Puic Service Employment Program this year. T1Thave- returned their FY 80 CETA Title II -D contract. They cited the following rens for not continuing their participation: 1) average annual wage mandated by Department. of Labor 2) retirement benefit requirements by CETA rules and regulations - 3) stringent eligibility requirements which would limit the type of employee they would be able to recruit Attached is a letter from Mr. C.C. Kelly formally advising us of their desire to discontinue their contract. Originator- Do Not Write Below This Line signed VisO'r141 . To REPLY - Write reply, snap out carbon, retain white copy for your files and send pink copy to originator. {4/(✓trJ 'r�LiNSc'73r� r . otzvt14Tr1Gfj b ev,„ 6e'n1r3izhL GAJ - ine,J .. dept. -location signed dot:o/. /tel Originator - Oetacn Part 2 and Send Parts 1 and 3 With carbon Intact Will B. Returned With Redly RITE -IT MEMO • DSL MAR COLLEGE CORPUS CHRISTI,TEXAS 78404 OFFICE OF THE CONTROLLER October 3, 1979 Ezequiel P. Elizondo Project Director City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Dear Mr. Elizondo: Enclosed is the CETA Title II -D contract. Del Mar College will not be participating in the Ceta Public Service Employment Program this year. The three positions originated under the first CETA contract are being retained as initially agreed. We feel this has been a beneficial program in that several people employed under this program have been promoted to better paying positions. If we can be of further assistance please let us know. Very truly yours, C. C. Kelly Controller CCK/mah Enclosure