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.
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1 2 7 ,..9
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__.
0
.. 0...
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... 1.,
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br.
:•:' •,, :e: t: •;/;:; •,•t
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7
0
3
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1
• 2
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or, La
9
9
0
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‘(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..
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Indlcalt
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rthm :Frau.
Voc. o.
7'r:ln1n1
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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
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7/10
tai
Ibl
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SCGMCNI5
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e
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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
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5'1
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e, Public Service F.rnployrnenl
'7,150
61 14;298
21,447
1:
62
28,600
d. )Yolk Expetlauea
11
3
T
IL
71
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co.,,I'nl. 1'un 11 Elul In f•t tole :poo. f2ad
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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
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• 11 PtAHMED CLARENr
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ENROLLt.1S*T
-
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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
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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
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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
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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
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Fl/1ICTION Ott ACTIVITY G. r4111,41
ESTIMAtn) UNE1(10741201) rUNDS
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e. Non.rcue,U
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P. CI MULAT IVC O11A(1TCfLY 1'1103001111115
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In Opul'1 CLnnr to OnvUuml
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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
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141 171114 17( 2121
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3
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1 I
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-
.
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
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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