HomeMy WebLinkAbout15145 ORD - 09/26/1979vp:9/25/79:1st •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND RELATED DOCUMENTS WITH THE CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT, CORPUS CHRISTI STATE SCHOOL, AND JAPANESE
ART MUSEUM TO PROVIDE 102 PUBLIC SERVICE EMPLOYMENT POSI-
TIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND
TRAINING AC1 FROM OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980,
AS MORE FULLY SET OUT IN SAID CONTRACTS, COPIES OF WHICH IN
SUBSTANTIALLY THE SAME FORM ARE ATTACHED HERETO AND MARKED
"EXHIBITS A THROUGH C" 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 and he is hereby authorized
to execute contracts and related documents with the Corpus Christi Independent
School District, Corpus Christi State School, and Japanese Art Museum to
provide 102 public service employment positions under Title VI of the
Comprehensive Employment and Training Act from October 1, 1979 through
September 30, 1980, as more fully set out in said contracts, copies of which
in substantially the same form are attached hereto and marked "Exhibits A
through C" and made a part hereof.
SECTION 2. That the necessity to authorize execution of the
aforesaid contracts and all related and necessary documents creates a public
emergency and an imperative public necessity requiring the suspension of the
Charter rule that no ordinance or resolution shall be passed finally on the
date of its introduction but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
that such emergency and necessity exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY 50 ORDAINED, this the 24 day of
September, 1979.
ATTEST:
-
City Secretary Nfe R
THEJITY OF CORPUS CHRISTI, TEXAS
APPROVED: GSp DAY OF SEPTEMBER, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
•
By / Lam/ !
Assistant Ci , orney
Corpus Christi, Texas
g day of 191r
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR v )�(
THE CIF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was
Luther Jones
Fdward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed
by the
following vote:
A
l_.) e.'
ceN'T=wr SIGNATURE SHEET
CONTRACT NUMBER
MODIFICATION NUMBER
PROCRA ..NT: City of Corpus Christi CONTRACTOR: Corpus Christi Independent Scho stric
P.O. Box 9277 801 Leopard
Corpus Christi Texas 70408 Corpus Christi. Texas 70401
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Corpus Christi Independent , hereinafter referred to as Contractor.
School 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,
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 ;
VI t
FISCAL YEAR
TOTAL
$ 377,700
FY 80
FY
FY
$ 377,700
Total
$ 377,700S
377,700
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
13?:
(Signature)
Dana Williams, Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
APPROVED:
Director of Finance
DAY of
ATTEST:
City Attorney
City Secretary
11
n
>(/-/.
PROC A 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 `ederal 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/CT TA 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 ccaducted as specified in the Act and
its 78 amendments by the con7.r. _tor.
C. Monitoring of the program will :e the responsibility of the contractor
and is also subject to con t_rirg by the City of Corpus Christi as
the program agent.
D. The contractor agrees to a9here_ to the average annual wage of $7,110
as mandated by iss,ance `:o. 92-77, daLed May 29, 1979.
r
PSE PROGRAM SUMMARY
2. CONTRACT NUMBER
I. CONTRACTOR LIAISON OFFICIAL
Robert Rivera
4. CONTRACTOR
3. TITLE VI
DISTRIBUTION OF FUNDS AND JOBS
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
8.NO. OF
JOBS
9. FUNDS
Corpus Christi
Independent School
District
School
District
City of Cor-
pus Christi
50
$ 377,700
10. TOTAL
50
5 377 Inn
11. OTHER ACTIVITIES
12. TOTAL
-3-
$ 377,700
(I)
(2
PSS' "JPATIONAL SL:2+ARY
Contractor=
Corpus Christi Independent
School District
801 L
orpueos riEerj
sti, Texas 78
(CCUPATIONAL TITLE BY EYYLOYING AGENCY
NUMBER OF
JOBS
CETA MO.
WAGE RATE
JOB
DURATION
TOTAL
WAGES
(A)
(5)
(C)
(D)
(E)
Non -Project Positions
Clerk Aide 3.23 p/h
26
560
312 >174,720
Security Aide 3.67 p/h
5
636
60
38,160
Crossing Guard Aide 3.67 p/h
10
636
120
76,320
Custodian 3.34 p/h
3
578
36
20,808
Laborer 3.14 p/h
2
544
24
13,056
Secretary 3.58 p/h
1
620
12
7,440
Personnel Clerk 3.58 p/h
2
620
24
14,880
Payroll Clerk 3.67 p/h
1
636
12
7,632
TnTAL
50
---
---
$353,016
FPTVGR BENRFTTS
.$ 17,624
1. FICA
2. Workmen's Compensation 055
3. Other (Specify) Insurance 0 15
3,530
4. other (Specify) Travel @I%
3,530
5. Other (Specify)
Sub -total fringe benefits
$ 24,684
TOTAL
5377,701
-4-
U.ti. I11•.1'All1F.iI N1 11I "I'''Ym„iii uii„ i,,,,,.i r. .•,.•. •,, "
P S G OCCUPATIONAL. SUMMARY
NFU, ADDRESS Or• CONTRACTOR
Corpus Christi Independent School District
801 Leopard
Corpus Christi, Texas 78401
4. PROGRAM AGENT, EL1PLOYINa
AGENCY AND POSITION TITLE
3. IYI,E OF PROGRAM ("X" apYrupr(cfa Gox(aa)J
a. C7 it • O b. EA VI c. 0 Spacial Govornor'3 Grant
d. Othor (Specify)
NO, Or- JODS
IA)
In)
COMPARADLE
WAC
(C}
ANNUALIZED
CCTA WAGE
Inn
NON•CCTA
SUPPLEMENTATION
OF WAO E/SALARY
PCRSONYEARS
ON
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
(E)
1F1
(UI
Sub -Contractor
Corpus Christi Independent School District
.Non -Project Positions
Positions Created Prior to 10/01/79
Security Aide 3.67 p/h
Crossing Guard Aide 3.67 p/h
Custodian 3.34 p/h
Laborer 3.14 p/h
Secretary 3.58 p/h
Personnel Clerk 3.58 p/h
Payroll Clerk 3.67 p/h
Clerk 3.23 p/h
Positions Created On or After 10/01/79
Clerk 3.23 p/h
5
10
3
2
1
2
1
17
$ 7,632
7,632
6,936
6,528
7,440
7,440
7,632'
6,7I8
6,718
0
0
0
0
0
• 0
0
0
0
5
10
3
2
1
2
1
9
17
$ 7,632
7,632
6,936
6,523
7,440
7,440
7,632
6,718
6,718
u,
ti. TOTAL a.--
00
0
r ()
•,
1,. CONTRACT NUMBER
,
CONTRACTOR'S NAME AND ADDRESS
11.,:. I,: I'A 11 1 711.111 111. 1,A16/11
1'u,nl nrm,•nl and I Mhnhd.lrnun4
Corpus Christi I.5.D.
P
r:dnrn,,
C8TA I'RCCRANI PLANNING SUMMARYa.
1vrL or pnacnnM
t. Ornm11 [It 5, VI I
801 Leopard
Corpus Chri sti , Texas 78401
c. GRANT YEAR
from
October 1, 1979
To
September 30. 1980 .
0Tltie
2,•n Tlua IID 6, 0 Admin. Cost
3. ID 1114 III ;notify,,,,,,,,,,,,,,,,,,;,
A. KY/llle yr 7. O Other
ton n CO IONAL 010107 UST ONLY
10,,1 In1CTIONS t Un [OMPLC 1171( 5707 10112 I, II, AND 111
It
CONT 0/any 117?
0
7. 00. UATCU.3.
0, Ser, A (Total 0lvollmc nl') 11 the two of A.1 and A. , U (total Ter mhlal loin) lac the rum of D.I through
C (Thread Cnrollmentr) lt A nlhtut U.
F';
iv
E
C1
a
:E
dt
h;"'o
da
ES
69
D d
2
MM11
Dr)
vv
I see. ro Litter In line (a) CnrallmentI In each progrtm lel vitt' av mulatively through the (leant ye31, end CI lint
d (b) the number of pnrllclpanU phoned In be enr lied In tach program acttvlly 3l the end of each
tlua rlarl parilcl,0011 who cat co Mute t1ltly enrolled In Mott that 0n! activity ilwuld b! counted In each
;mildly In which they are 70107171.
c
S1
a�_,
2 7 a1
111
0
___I�
1C 11
151.17
17
31 7.
keit
1/32
'LJ211
_
JJ
`_1j_
Y
7011,
See, 111 01,1or the 111 rnulntivo number of participant 1 In each acgmenl to be enrolled durlro the grant ler.
I1 I'artIclpanl1 should be templed In ar many eign lfi0anl 3o)nenl croup: at are applicable.
7, CNnOLL0t:0T AND TERMINATION UUMI AM(
GIIANT YCAR.TO CATE PLAN
IICnO nT
O :,CIlIOO
A. TOTA
t N110 Lt.
rACNrs
1. rnrol1•
nit
Ink yr,
In. TOTAL
2. 03.Ile'• TCne.1:o/1
Pan 1, Ca 1l ler( T IONS
C' r
I.'nlartne,
Ln /0ymr,
/. Dlrecl
I^ ,tt,
b. Indireel
I'1 m11,
C. ChUlncd
Ina•( n,l
"'
2. Other
PonItive
3, Nnn•
potlllre
C. PLANNCO
Qt.rNX.u.„2 1
ten f e,,r'"
Ir
I
�
T 9
65
57
8 1
4
0
3
1
0
11
J.50
1 c
a 3
a 0
7
69
8 27
12
0
9
3
3
12
50
'y
-1- r!
;
0 n
8 0
80
72
8 30
10
5
3
12
50,
J L{
1 , ,
n 9
g 0
85
77
8 85
_15
24
___Q
1;
5
60
0 _
. f ;i,
1
,+Il.^I
?'®'a
1l
.S ql
,,0
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t
71
76
II' ' '
G/i
21 '
)G• a
11, t'LANNLO LNIIOLLMI,PI
IS
IN I'nf11711AM
AC fIVl 1115
IV, UT Ili 11 ACTIVITICO
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Ntelvrnme IRI
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'7'4111
Indltelo Other nctivltict nr 1prclol 0n 37737(3.
tlnn Pont,.r1+.n.
le.
I J.
11aml.y n.yn4rv...1
rnnlan ce
progro,97
nit, 7337cr lite Ihr 1r 01,1n111wr anti 1111 rnitrtlonn
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V
�.
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lownii 11 Illol/ oehlrvarnont In a llunn',wally.,llrollve',wally.,I-
1
bl CurrenI'y Lnrnn,d
1
1 9
enrt'lrllln Ilan,
t+
2
27 To1a1 Cnrol;m.nl,
l7
1 $ Q
77
I r 3
bl Currently rnr"llad
0
3 ; 0
1 50
47 00,31 1,.r0304011
V
4 0 Q
—
71 CorrI/O rnn
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0
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_^_
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7
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7. j997r
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III. SIGNIFICANT 200MCNTS
On7Nr VCAII'T041A TC PLAN
71(1ANT VCAI1.T0.IIATC PLAN
tIONIrICANT
12/11
3/71
R/tilt
0/711
!.IRNIrICnNi
SCCUACN15.
1;/31
a /31
r./10
• 9/10
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I
CONTRACTOR'S NAME AND ADDRESS
Corpus Christi I.S.D.
801 Leopard
Corpus Christi, Texas 78401
41.1. ucrnuYMCNT Jr LAAe141
1: n,r1u2 n,rul w4 1'r. L,L,I A4n4u1111xtinn
MIDGET INFDOMATUI8 SUMMA OY
October 1 1979-S- tenber 30 198
D. ran n£aloluAi o 'ice use mar
6--
•
2
0
CONNIACI liLY
0
5
7
a
Io
i
1.
SI
z
1.10142. DA l
642
YY
11 12 1.114
15
13
11
IS
41
20
21 12
2- .7 1;125 76 1t 2., 20 ]n
CONTRACT NUMBER
0, rm. 07 r0OenAM
L./ Title II -B&C
2. L/ Title II -D
3. L/ Title III -
Speclfy
4. /I/ Title VI'
5. L./'Title VII
6, L/ Admin. Cost
7.= O --her
E. I7000:L'T f1101',4A11Y COST 0A1tn011102
1 (1(1(1400 1'(1001)1010
Fts10110)1 on ACTIVITY
1. Adminh;ulfon
2. Al'.owlncel
S. w a.1, 4
£
ST MATLI) UNLXI LND0) 00)4))5
1100 011 CLVI001) 611010.00
I. 7',1117: Ile 14)111
2. Tr21r1n.7
2, .542,0741
Tot111
ti
ri;
.4
n
,
I 'rit
ar
21
1'40,0 e. t-jz
11,t.' ,�41,I,�71 1't,
'1'V1• ,'4' r u:Tl l �4'f`1.1
i•
:.5'::5"11.4r ..1l�jrilf:,,,>;.;: h4
I 1 1 1};
r_i�J{. r,'�l ^3ti, tt�1` ;;, "'F1•„Ir Vr
26
(1
3
d. I edrul 1,
14011.0.1.,.1
,.5.42-.ny. '/ lt.7,., :11�a1111 26
$ 353,016 ;'.;;
c7�•
35 24,684 .i4-4-''�li'.4Wv4'i':i"',l*
1,11 f 1 I f• •1,
44
55
22
5 377,700
0. 10in0
$ 377,700
F. 0.1 0111ATIVE (10Mir0LY 01103L04 41130 or 011Ut1n110t1° AND £HPlT1 110 i Irur ttl<,,,ro'r fn 11 Jr
I 2
?�
n
y`
T ,
i, 1r
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'I 2
Q
J
T
3
15
41
53
T�
'11
3
d
z.
11
31
(.7
'
26
26
$
11
y
27®
yKi
94,425
1�1� a'11 I
1_l
n
2 .1'1171
- rr1-----.--P,11.../.----....,—.
a
St
26
$
a.1I13
183,850
at 7• �
I 2
?
n
i, 4
; 1,
Il •.
Jam
25
2
2{a:
,!.°
$ 283,275
a]�z4
1 llw,
as
..�
1 7
•_
11
��
�' T
]
3
23
41
1211.2.:12—
= 2
26
_$ 31,700
71 21_
.._.,u__..,,,..,, ,,,,--
„�
. r,1 -,r tron'or 01.157211,11
1 Toll 0)14.011.1 1:.1•erIJIIu,et by 0107440
94 425 1
.” �'
188 850
23 283.275
377.700
J. CIn>•nn611't.,iolnq, 7.11(11 S,,nnaor
,1
r 41
41
1. O,' Ilr: Tr 11:,:,77
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71
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• CI 5o...011 Grant to Co,..rno”
6. CONTRACTO?' S NAME AND ADDRESS
Corpus Christi Independent School District
801 Leopard
Corpus Chr1sti,.TeRas 78401
roa ttt CIU (tAIU/rl C2 [1mi
CONTRACT Ks'5
So
aU
i
z_
o
Z
1 1 1 1 1 I M
4t 51 6 17 a l 9 ILol111L^1131 :•:dill:{ 1%1 L,- S:1
-8-
ENO Of MON r1-*
{n. PZt 01_CiPD
' CU7 ).J L., IVB
_EX>E MOI:J�3
:BY M0HT!-1
F.
____
i. MOtiT/
_- _ . --.— .-- __ _.
1 Il PLANNWW CU.i REIT ENROLL2.1_1YT
-
Non -Project Jobs 1
Projects
. _
- 1 o 171 9
_d 3L
50
0
_
36
$
1
31,475 '
1 111719
50'
0
62,950
7 121719
50
0
94425
o 1 7 1 81 0
50
0
125,900
0 1 2 1 81 0
50
0
157 375
o 1 3 1 81 0
50
0
-
188,-850
o 1 4 1 81 0
50 •
0-
220.325
o 1 5 1 8 j 0
50
0•
251,800
o 1 6 1 81 0
50
0
283.775
o 1 7 181 0
50
y
0
314,750
o 18 1.810
50
0
346,225
DI 9 1.8 1 0
0
0
$
37-7,700
1 1 1
1 1 1
-...
1 1 1
I 11
-
1 1 1
-8-
CONTRACT
_ .L:D.IRDS OF PERFORIANCE
The Corpus Christi 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 aent will the r._.thl,, performance of the contractor in terms
of the contract,r's abilit.: to hire the planned number of individuals. To the
extent that the contractar i, not ablo to perform effectively, funds nay be
deobligated and redistr_h__ac 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 1973 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 he Civil Rights Act of 1964, (P.L.
83-352), 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
2030d) 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 kA, 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-
SPECIAL. CLAUSES
1. CI
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to
sureties, by written order desi;;nated 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 teras as used in this paragraph
(b) shall include direction, instruction, interpretation, or dererciinatlon) from the
Prise Sponsor's Contracting Officer, which causes anysuch changos as enumerated in (a)above,
shall be treated as a change order under this clause: Provided, that the Contractor/
Subgrantee gives the Price 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 eceitable adjustment hereunder. _
d. If any enange under t clause causes an increase or decrease in the Contractor's/
Ss - required for, tha performance of any part of the work
uaderathis's ntra t, or = _ notch` any such order, an equitable adjustment
undez this contract. whaler o: c..-�ns.d by That
no claim for any change
shat; be Wade mac t.._ coatrac= Lodified in writing accordingly:
Provided, however,
acne- 'b) above shall be allowed for any costs incurred more than
2op
20 days before tae Contr=_ctorlSacrantee gives written notice as therein required, An
provided further. :hat in the sa of defective specifications for which the Prime Sponsor
is responsible, :ha equiteae adjustment shall include any increased cost reasonably
incurred by the rector/Subs -•-•tee in attempting to comply with such defective speci-
fications.
e. If tha C. .tractor/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
h' g of a written notice under (b) above, submit to the
Pnine (a) mgr's Cr the ting,Offi�general nature
Price Sponsor's Contracting Officer a written statement ratting forth tha
and monetary extent of such claim, unless this period is extended by the PmSponsor.
The statement of claim_ hereunder ray be included in the notice under (b)above.
Ccz cost r'S/S bgnant ens obsolete
for adjustment, the PrimetSponsor'schange
Contractingincluded
0 Officerthe
s allahave .heuri_a.'
Shall have the right
to prescribe the manner of disposition of such property.
adjustment hereunder shall
f. No claim by the Contractor/Subgrantee for an equitable J
- ' _f finalc after final paymen` under this cc:.t___.' -a
/subg .
g. aiicre .o on tr = ierms of any eaaicoble z.djuJtment shall be a dispute
concerting 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
rant as changed by the Price Sponsor's Contracting Officer in
with the either
of written change order as described in (a) above, or
titin, eithzr by (i) issuance a of
(ii) i„sance of a written confirmation by the Price Sponsor's ContractingOfficer from an
tha w:itten notice required of the Contractor/Subgrantee in (b) above, resulting
oral order by the Price Sponsor's Contracting Officer.
2. ;;ngoisC[ t4IN i i()`,
-14-
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.
Corpus Christi Independent School District 801 Leopard, Corpus Christi, Texas 78401
Legal Name of Applicant Address
Dana Williams, Superintendent
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1979
Date of Application
—13—
the policy of the Executive Branch of the Government that (a) contractors
and s tractors engaged in tha performance of Federal contracts shall not, in
connection with the employment, advancement, or discharge of employees, or in come,
with the terms, coed[tions, 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 OP20RTUNITY CLAUSE
During to performance of this contract, the contractor agrees as follows:
(1) The Cv::-raccor :+_'i T.- discrir_ina:e against any employee or applicant for
employment because of race, calor, religion, sex, or national origin. The contractor
will take affix tive ac=io= co ennure that applicants are employed, and that employees
are treated during enployna without regard to their race, color, religion, sex, or
rational origin. Such action shall include, but not be limited to the following:
Employment, upgrading, der ricn, or transfer, recruitment or recruitment advertising;
layoff or ter=r.atior; rates of pay other forms of compensation; and selection for train-
ing, including renticesa p. The contractor agrees to post in conspicuous places,
available to eiployees and applicants for employment, notices to be provided by the
contracting officer setting forth tha provisions of this nondiscrimination clause.
(2) The ..__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 rational
origin.
(3) The ce._ractor 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
worl_ers' repre..--.ive of the contractor's coc.Titments under section 202 of Executive
Order 11246 of Septe-ber 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
irk= ---bar 24, 1965, and of the rules, regulations,, and relevant •�•t o_dera of the Secretary
(d) The cosh-ct_r trill fernish all _,iorm_l_io: attd 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
ro_` this contract or with any of such rules, regulations, or orders, this contract may be
cancels' 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 sanctiomay be impsedan
Land
rcaedies invoked as provided in Executive Order 11246 of September 24, 1965, by
regclation, or order of the Secretary of Labor, or as othere-ise provided by law.
4
-15-
(7) The contractor will include the provisions of para,.rapes ,.<«ous --
every •ntract or purchase order unless eyeopted by rules, regulations, or orders of
the St ry of Labor issued pursuant to section 204 of Executive Order 11246 of
Septe_b,._ 24, 1965, so that such provisions •.:i11 be binding upon each subcontractor 1
vendor. The contractor will take such action with respect to any subcontract or purci.-
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 tl:a contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States_
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under the Fair Labor Standards Act
including any special rate provided by specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees or trainees, or (2) Any 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. TEP NATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will rot be terminated without prior notice to the trainee or
enrollee and reasrnable 000crt-ty for corrections or improvement of performance and
consultation :rite _.:e Contrsci-g Gfficer by the training facility for substandard or
unsatisfactory progress or co_.i_=t. Termination of trainees or enrollees will be governed
by disciplinary and grievsncs c_acedures approved by the Contracting Officer or his duly
authorized representative: Provided, That in training facilities operating under a
collective bargaining agraemen , disciplinary and grievance procedures provided in such
an agreement and applicable trainees or enrollees covered by this contract, shall govern.
7. TER* INATIO
a. The p"r-'- snce of work under the contract/subgraat nay ba terminated by the
Prime Sponsor it accordance ._th this clause in whole, or from time to time in part:
(1) Whenever the Contractor/Subgrantee shall default in performance of this
contract/subgrant io 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 par`_or=nue), and shall failto
suchrefaul
ocue default
within may
period of ten days (or such longer period as the Primep
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
aeterrine that such termination is In the best interest of the Prime Sponsor.
Any such te:ination shall be ez_ected by delivery to the Contractor/Subgrantee of
�-�;. - er --!ination is for the default of the
ie r:'___G?. S•'�t1_}_",q �::'••-^- t-- the �liC�'L
or for the co7ven ee of the 2r -re Spnnsor, ._ extend to w.
_ rc„�, ., _..,-•tee-
perf c.Ctn_/ ._..
sur,".ur��-cz of work ::der the cc :t ract!s _-graat is terminated, and the date upon which
such termination becomes effective. If, after notice of termination of this contract/
subgran- for default, urder (1) above_, it is determined for any reason that the Contractor/
Sub - was not in default pursuant to (1), or that the Contractor's/Subgrantee's
_ailn • to perform or to make progress in performance is due to causes beyond the control
and +-ithout the fault or neglisence of the Contractor/Subgrantee pursuant to the provi-
,s1cr,s p: thn clause of this contract/subgrant relating to e-.cusable delaye s, the Ne Notice of
Terr.inetion shall he decked to have been issued under (2)
obitratlas of the parties hereto shall in such event be governed accordingly.
b. Atter receipt of a Notice of Termination and except as other4ise directed by
the
Prig.- °; maoT_'s
Contracting Officer, the Ctctractor/Subgrantee shall:
• -16-
top work under the contract/subgrant op the date and to the extent specified
in the ce of Termination;
(<, Place no farther orders or subcontracts for materials, services, or facilit
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
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; Officer,
(5) With the approval or ratification of the Prime Sponsor's Contracting
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 Price 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,
.•_g_, t ? ::n completed, would be required to be furnished to the
f the contrac�. _ -.-a� had .- 'p-'
Prime Sponsor, and (iii) the '-ig3, dies, and fixtures, and other special tools and tooling
acquired, or maacfec_ured for the performance of this contract/subgrant for the cost of
which the Ccntrac_o:/Subg_aa_ae hos been or will be reimbursed under this contract/
subgrant.
(7) Use his ; at ef`-or:3 _o sell, in the manner, at the times, to the extent and
at the price or ?rices directac or authorized by the Prime Sponsor's Contracting Officer,
any property of the types referred to in (6) above: Provided, however, That the Contractor/
S b3rartee (t) shall not he r gcired to extend credit to any purchaser, and (ii) nay
acquire any such property unda_ the conditions prescribed by and at a price or prices
approved by the Fine Sponsor's Contracting Officer: And provided further, That the
nants
proceeds of any such transfer or disposition shall be applied in reduction of any pa}
to be rade by tha 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/
s
ime
s
subgra(8)oComplete perforeaace o rsuch apart eofrthe works ,
asshContracting
t
llnot thave beenedirect;fficr way
terminated
by the Notice of Termination; and
(9) Take such action as may be necessary, or as the Prime Sponsor's Contractithis
Officer r -ay direct, for the protection and preservation of the property
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/Subgr20tee shall proceed immediately with the performance of Loa
1I)J•,s �bli;atio-s it'hata•adic; any dela] in deter^_iviri or adjusting tha anon_t of
_ =-i item c` reimbursable cost, u^ "
this clause_ At any tire after e::picatioa
of the plant clearance period, as defined in Subpart 1-S.1 of the Federal Procurement
Pegulati:,ns (41 CFR 1-3.1), as tha definition nay be amended from time to time, the
Contractor/Subgrantee may submit to the Price 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 a._thorized by the Prime Sponsor's Contracting Officer, and may request the Prime
censor to remove such items or enter into a stora3e agreement covering them. hot later
�t✓aa fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove
them or enter into a storage agreement covering the sere: Provided, That the list submitte
shall he subject to verification by the Prima Sponsor's Contracting
gs fOfficer upon removal of
the iters or, if the items are stored, within fort. -five
mission of the.list, and any necessary adjustment to correct the list as submitted shall be
made prior to final settlement. -17-
c. 'iter receipt of a Notice of Termination, the Contractor/Subgrantee shall submit
to the ee Sponsor's Contracting Officer his termination claim in the form and with
certii _on prescribed by the Prime Sponsor's Contracting Officer. Such claim aha
sub_vitted promptly but in no event later than one year from the effective date of tet
miration, unless one or core extenaions in writing are granted by the Price Sponsor's
Contracting Officer upon request of the Contractor/Subgrantee rade in writing within
such one-year period or authorized extension thereEo. However, iC 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 nay, 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 mailable to him, the amount,
if any, due to the Contractor/Subgrantee by reason for the termination and shall thereupon
pay to the Contractor/Subgraatee 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 Price Sponsor's Contracting Officer
nay agree upon tha whole or any part of the amount or amounts to be paid (including au
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 anended
accordingly, and the Contractor/Subgrantee shall be paid the agreed amount_
e. In the e-:enr of the felLere of the Contractor/Subgrant and the Prime Sponsor's
Contracting Officer to agree ._ whole or in part, as provided ir. paragraph (d), as to
the amounts with respect tc cases and fee, or as to the amount of the fee, to be paid
to the Coat ractcr'Subgran`_es in .,__.._^_tion with the termination of work pursuant to this
clause, the Pr;__ Sponsc 's Cseerecting Officer shall, subject to any review required
by the contracziag agency's procedures in effect as of the date of execution of this
ce:tract/subgrnn_tdetermine, ea to basis of infornntion available to him, the amount,
_f any, due to the Co_itreet.r/Sehgeantee by reason of the termination and shall pay to the
Contractor/Subs-_eatse the '_-_o_ determined as follows:
(1) If the rattle-eatincludes cost and fee - -
(i) Thera shall be iacluded therein all costs and expenses reimbursable in
accordance with this contract/subgrant not previously paid to the Contractor/Subgrantee
for the per£or ince 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,
ac ever, 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-
_c._t_ac:s or orders,cprovide_'_ in paragraph (b) (5) above, which are properly charge-
~' terrinseednorcio: of the contract/subgrant;
(tii) There_gnat be i apnea in the reasonable _'Cats of settl rent, inc1udins
co;_. `_. ,, _. ai, and:ether `_nes reasc0acly ne c essarY for the preparation
of settlenentclai:.s and supporting data with respect to the terminated portion of the
contra/subgrant eel for ths termination and settlement of subcontracts thereunder,
teest;.n- with reasonable storage, transportation, and other costs incurred in connection
with t..r, protection or disposition of termination inventory: Provided, however, That if
the t.tr±ration is for default of the Contractor/Subgrantee tLere shall not be included
amnLats for the preparation of the Contractor's/Subgrantee's settlement proposal; and
(iv) There rbaii be included therein a portion of the fee payable under the
ccntrn.•t/subgrnne determined as follows:
(A) In the event of the termination of this contract/subgrant for the
con:'cn:rn:ce of the Prm_ Sponsor and rot for the default of the Contractor/Subgrantee,
there se
all
ai_l be pais a percentage of the fee e<luiv:=cnt to the percentage of the com-
p'tio:,f wort_ centeuplated by tha contract/sebgr,:nt, less fee payments previously made
a
hereunder; or
-18-
(B) In the event of the termination of this c-rtract!subgrant for the de` 't
of the :actor/Subgrantee, the total fee payable shall be such proportionate part
the fee ,.r, if this contract/subgrant calls for articles of different types, of such .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 boars 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 tine 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: '(t) if there is no right of appeal hereunder or if no timely
appeal has bean taken, the amount so determined by the Prima Sponsor's Contracting Officer,
or (2) if an appeal has been taken; the amount finally determined on such appeal.
g. In arri ag at the amoemt due the Contractor/Subgrantee under this clause there
shall be deducted (1) all umliceidated advance or other payments theretofore made to the
Contractor/Subgra-tee, appli_ v le to the terminated portion of this contract/subgrant, (2)
any claim which the Prima Sporser ray have against the Contractor/Subgrantee in connection
with this contras ;subecant, -a= (3) the agreed price for, or the proceeds of sale of,
say materials, supplies, or ether things acquired by the Contractor/Subgrantee or sold
pursuant to the rovlsiona of this clause aad not otherwise received by or credited to the
Prime Sponsor.
h. In tea etient of a partial termination, the portion of the fee which is payable
n
with respect to the work under' the continued portion of the contract/subgrant shall be
equitably adjustsdby agreement between the Contractor/Subgrantee and the Prima Sponsor's
Contracting Officer, and such a justmeat shall ba evidenced by an amendment to this
contract/subgrant.
i. The Prime Sponsor may from time to time, under such terms and conditions as it
ray prescribe, make partial payments and payments en account against costs incurred by
the Contractor/Subgrantee in connection with the terminated portion of the contract/
snbgrant whenever in the opinion of the Price Sponsor's Contracting Officer the aggregate
of such payments shall be within the amount to which the Contractor/Subgrantee will be
-:titi.•'_ ereunder_ If the total of such payraats is in excess of the amornt finally
--.. _ to __ua?__ is clause, su:.h e.�_: s shall be pi; -be iby the Contraccor/
o�.._b,r.c�_ to the P:;.h
___ Spiaaer upon damh.-fi
n . together .b 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/Suhgrantee's claim by reason of
retention or other dcspasition 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
Con:ractin,, Officer by reason of the circumstances.
(1) The provisions of this clause relating to the fee shall be inapplicable if
this contract/subgrant does not provide for payment of a fee.
T_.EMINATION F011 CONVENIENCE
-19-
The nrovtslons set forth in this clause 9b shall gco._ iu in lieu or c.t.iuse �••��-�
:his cc t/subgrant be for experimental developmental or research work and the
Contrac obgrar.tee is an educational institution or other nonprofit institution on
no -fen 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 Priue Sponsor whenever for any reason the Prime
Sponsor's Contracting Officer shall determine that such termination is in the best interest
of the Price 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-
inatio, 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 sba11 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 appro7e1 or ratification shall be final for all purposes of this
clause and (2) assign to t P=ima Sponsor, in the manner at the time, and to the extent
"' and inter-
est
by the 7_r-__ Sponsor's Contracting Officer, all of the right, title,
est of the Contractor/Subgranree under the orders and subcontracts so terminated, in
which case the Prime Sponsor ._ail have the right, in its discretion, to settle or pay
any or all claims arising o+ -r of the termination of such orders and subcontracts.
c. The Co-tractor/SUbatcntee shall submit his termination claim to the Prune
Sponsor's Contracting Officer Promptly afterreceipt ip t of a Notice of Termination, but in
no event later }-��--
an one ion_ the effective_ date thereof, unless one or more exten-
sions in writin;; are grants; the Prime Sponsor's Contracting Officer upon written
request of the C...-..ractor/S'bzrantee within such one-year period or authorized extension
thereof. Upon =rii"re of the Contractor/Subgrantee to submit his termination claim within
the time allowed, the Prime Sponsor's Contracting Officer r maay, subject
ctttoe oaany
yxreview of
required by the outracting agency P amount,
this contract%subgrant, determine, on the basis of information available to him, the
if arty due to the Contractor/Subgrantee by reason of the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined.
d. Any determtnatioa of costs under paragraph (c) shall be governed by the cost
principles set forth in the ALLO:7ABLE COST, FIXED FEE, AND PAY ENT Clause of this contract/
subgrant.
above, ed sabject to arty revie:� require
2.
-_DjFE: t ti0 the TOL';S_L•.^.S of paragraph (C) `ie. `�^_
f ages-:y's procedures it effect as of the date of execution
Sponsor's Contracting
.. �•.-- -- o bgrantea and the Prime �
this may
agreuponath the lea ora a_ of the amount or amounts to be paid to the
Officer <1y agree upon the whole or any part at
Controcc-/Subgrantee by reason of the termination under this clause, which amount or
menta 71y include any reasonable cancellation charges thereby incurred by the Contractor/
Subgrantee and any reasonable loss upon outstanding commitments for personal services
icesding
which he is unable to cancel: Provided, however, That in connection with any
,co -tents for personal services which the Contractor/Subgrantee is unable to cancel, the
Ccnt-acter/Subgrantee shall have exercised reasonable diligence to divert such commitments
to b -_s other activities and operations. Any such agreement shad be embodied inta� agree
a etc:neat to this contract/subgrant and the Contractor/Subgrantee shall be paid
amount.
-20-
f Prime Sponsor may from time to tine, under su_h teres and conairiou, u� ---
my pr.
e, male partial payments against costs incurred by the Contractor/Subgrantee
K aggregate in conn _on with the terminated portion of this contractJsuhgrant whenever, n the
cpinica of the Prime Sponsor's Contracting Officer, the agb g�te of such payments is
within the amount to which the Contractor/Subgrantee will bentitledetereuneer. If dee
total of such payments is in excess of the amount finally greed or
under this clause, such excess shall be payable by the Contractor/Subgrantee tupon oothed,
inter Sponsor
er uponnshall abe: yabledy,theat if such excess is Coutractor/Subgranteeot toso the Prima Spoasor at
iheerate of 6 pas ebr pannum,
by
the rate of 6 percent per anal -'i, be3inning 30 days from the date of such der -and -
g. The Contractor/Subgrantee agrees to transfer title to the
Prime Sy e esor and
deliver in the manner, et the times, and to the extent, if any,
Prime Sponsor's Contracting Officer, such information and items which, if the contract/
he
subgrant had been completed, would havbeen
enlrcompletd to ede nation'
Sponsor, including: (1) Completed or p Y p
and (2) :aterials or equipment produced or in process or acquired in connection with the
performance of the wore terminated by the notice. Other than the above, any termination
inventor} resulting from the termination of the contract/subgrant may, with the written
approval of the ?rine Sponsor's Contracting Officer, be sold or acquired by the
e ontractor/
e
Scbgra,tee under the conditions prescribed by and at a price or prices app by
Prime Sponsor's Contracting Officer. The
tonbePmadeeds of by the any
Primesuch
5poasordisposition
theshall
be Contractor/
applied in redcczion of any :payments ice or
contract,---bgrant or shall otherwise be credited to the pare Prim
cot of
-._ - -rant ub rant or paid in such other manner as
e
Spot work cera=zd by this `ec 3 final disposition of property arising
Sponsor's Cont- .� Off',c- may direct. Pending nay
from:the termination, the ContTictor/Suohranteegagrees to tale such afor ction
asp protection
Prime 5;., sc_'s Contracting Officer ray
ande
necessary, at as -
�er-y -elated to this contract/suborn=n-t which is in the
and possession
of t: ,. the pr--
' 'cn of Coatractc='S-=5'-anter and in which the Prime Sponsor has or may acquire
possess: _.._
an interest.
9. CCSSi''•'CiIC_. BUIiDIN; l-3ILLT_A ION
g
The subcon_-eabor shall expend Federal funds for construction and building AnY
reha';ilitatioa�without prior approval of the Prime Sponsors Contracting
projects approved by the Department of Labor and the Prime Sponsor
sore'tallo be
tiistered
d parts of Paragraph IV, app
under the guidelines of A-102 �_n.
=ocure eat.
_J. L-S_I'IG OF E1fE'071.Lv'1T OPENINGS
(iasis clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500
or more.) tial emphasis to the employment of
Contractor agree,, order to provide sp all thotempl employment
o -^t
`_" . - r that
- -- - -- ab'a veterans a-d�cecer<�.:a of ti.^_ viatnlr: ere, this contract and
�'the tine of the execution of ct
_ - ,-_ _ the ,ur.ing *e- pert or ac at including those not generated
ti;ose ::hick occcr dz:ring the -performance of this contract,
rforned but excluding those of independently operated
this contract and including those occurring et an establishment other than t
e one
by
ccrpo.a e the contra.it is being p'- at an appropriate local office of the
corporate
affiliates, shall be offered for listing app prorfs
State employment service system wherein the opening occurs and to provide such rep
tc such local office regarding ecploynent openings and hires as nay be required:
That if this contract is for leas than $10;000 or if it with a State -or local
rc�'zcee and (d) are not required.
���-ern__..: the reports set forth in paragraphs (c)
Listing of employment openings with the employment service system pursuant to this
with the uae of any other recruitment service
nae f s . �1 be ell n least e neural ob
cr effc:[ and Shall involve the norral obligations which attach to the placing of a bona
fide 't order, including the acceptanceofreferrals of veterans and noaveterans.
1
This 1i ,g of employment openings does not require the hiring of any particular job
eoolic r from any particular group of job applicants, an! nothing herein is inter
:o refl. 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
tach establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who %.are disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
z. report within 30 days after the end of each reporting period w.•erein any performance is
ride under this contract. The Contractor shall s-_aintain copies of the reports submitted
_::til the expiration of 1 year after final payment under the contract, during which tire
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.t;-_ employment service system in each State wherein he has
establishments of the name and location of each such establishment in the State. As long
the contractor is contractually bound to these provisions and has so advised the State
employment system:., there is na need to advise the State system of subsequent contracts_
..,a_r..tor _ odds- __a tata. systsa w an it is no longer bound by this contract
clause.
e. This clause does not -r to the listing of employment openings which occur and
c__ filed outside of the 50 , the District of Columbia, the Commonwealth of Puerto
Rico, Cuata, and Virg--
ro opuntngs which the Contractor proposes to fill from
in fill pursonot to a customary and traditional employer-
_;clusion does not apply to a particular opening once
applicants outside of his own organization or employer -
f. This el ase does not ei
raiz his own c_ ganitatioa or
ur._.,n hiring r__-,an:ant. This
un er.ployer d, -".,s to coisi5er
union arrangene_c for that opsr
As used in this clause: (1) "All suitable employment openings" includes, but is
,t limited to, openings which occur in the following job categories: Production and
.1nnproduction; plant and office; laborers and mechanics; supervisory and nansupervisory;
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,
perary enployn.ent of more than 3 days' dur=_tion, and part-time employment. It does
,_at j__.clude openings...,._
which the tractor proposes to fill from within his own organiza-
tion o_ to fill pursuant to a c_atomary and traditional employer -union hiring arrangement.
r•ooria_e- of t; -•a .,.
a S_�.e ecployct .vice system" Leans the local office
-cc_al-.`. nit of public eT oloy_•ent offices with a2si• ned reponsl-
or serving t`'- area of tha estabii ,'
as here the employment opeaiag is to be
iliEd, including the District of Colu:rbia, theCosr,onwealth of Puerto Rico, Guam, and
the 1'i-gir Islands. (3) "Opani-:gs which the Contractor proposes to fill from within his
awn nr;_.„ization” roars employment openings for which no consideration will be given -
cv pari:•:s outside the Contractor's own organization (including any affiliates, sub-
s.d_a i�.s, and parent co-oanies), and includes any openings which the Contractor proposes
-_
fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Cor'_tnccor propose-, '` * * to fill pursuant to a custoyery and traditional employer-
o_r.ion hiring arran;„cmn_nt" means erploncent openings for which no consideration will be
co persons outside of a special hiring arrangement, including openings which the
Cr^t--:cmc: proposes to fill from union halls, uhicn is
part of the customary and tradi-
ti,: i _firing relationship whir'h exists het�.een the Contractor and representatives of his
a
-22-
'(5) "Disabled veteran" means a person entitled to disability compensation under laws
admin. -ed by the Veterans Administration for a disability rated at 30 percentus r ore,
or a a whose discharge or release fro:r active duty was ror a disability incucr
aggro:. -d in line of duty. (6) "Veteran of the Vietnam era" means a person (A) w:.
(1) served on active duty with the Armed Forces for a period of nore than 160 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 co;ip.-J 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
employrent 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 shill 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 te_eco.
i. The Contractor agrees =o place this clause ((excluding this paragraph (i) in any
subcontract directly under _: _s ceatract.
11. DE.V=ATIONS
Ender the nen: compelling circumstances such as situations where the needs of the
C-o-lern--ent marmot reasonably be otherwise supplied, where listing of employment openings
ac ld be contras, to national s__urity, or where the requirement of listing would other-
wise not he in _-.__ best interests of the Government, a deviation from this subpart nay be
ject
t: _..^a approval c= the Secretary of Labor. Requests for any such deviations
_,,11 beleddrese_rto the Assistant Regional Director for Manpower, U. S. Department of
Labor, Employe__ and Training administration, 555 Griffin Square Building, Griffin and
Young Streets, DallF.s, 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 tinder 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
:ecisios to writing and nail or otherwise furnish a copy thereof to the Contractor/
SZsgrs.mtee. The decision of the Prime Sponsor's Contracting Officer shall be final and
tales, _chin 30 days from the date of receipt of stab copy, the Contractor/
__ mails 7.7 atheraisefurnishes to the Prime Spcasoc's Contracting Officer, a
-__-_- appeal r .ad to the Prime Sponsor. The decision of the Prime Sponsor's
Contracting Officer for the d_tern-ination of such appeals shall be final and conclusive
c:.lesa _a_rerninecu b, 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 -
s'trpc-ted by substantial evidence. In connection with any appeal proceeding ender this
chase, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer
..
i._a in support of its appeal. Pending final decision of a dispute hereunder, the
Ccn,,=ctor/Subgrer.tee shall proceed diligently with the performance of the contract/
and in accordance with the Prime Sponsor's Contracting Officer's decision.
"Disputes" clause does not preclude consideration of law questions in
:cnnec_=cr with decis'•ons provided for in paragraph (a) above:
•
-23-
rovile.:, That nothing in this contract/subgr.int shall be construed as making final the
cisio: any administrative official, representative, or board on a question of le
SI3C,. LiiCTINC
The subcontractor shall obtain written consent of the Prime Sponsor prior to sub-
.__tracting 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
_.ntractiug Officer as required by this paragraph.
_4. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate iotice 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
-dcinistration of the CETA Program.
:5. ORDER Or PRECDECE
In the event there are inconsistencies or conflicts in the grant and/or contract,
=less otherwise provided, the_eoa,the inconsistencies shall be resolved by giving
recedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2)
_-oe regulations as approved by rhe Secretary of Labor (3) Special Clauses (4) FMC 74-7
) F7O 74-4 (6) The Con?rehes'_--e Manpower Plan as stated in the grant as applicable
each title.
Motions passed ly the Coss^ 'm Executive Board:
June 13, 1974-- Each progr :hat is approved have an approved wage scale derived
::on a conprehens;ve gage study conducted in their areas, and an approved l,ffirnative
_:ion Plan.
Jnne 17, 1974 - Chit -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.
Septeaber 22, 1977 - Allowance of up to lEC per vile for travel. Per diem rates for out
ton travel be established at a level equal to Federal per diem rates for all non-profit
-,ancien. Governmental agencies shall pay travel expenses consistent with the policies
?roved by the respective governing bodies.
-24-
AVAILABILITY OF FUNDS CLAUSE
The prime sponsor's ohlioation 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 cost, are specifically authorized in writing
by the prime sponsor's Contracting Offi.er.
-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 Corpus Christi National
Bank
Name Cnrpus Christi I.S.D.
(Signature) (Signature)
10-1-79 10-1-79
(Date)
Elmo V. Jackson
(Type Name)
(Date)
Dana Williams
(Type Name)
Superintendent
(Title) (Title)
-26-
AGREEMENT FOR SPECIAL BANK ACCOUNP
The Corpus Christi Independent School District
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and Corpus Christi National Bank
, a banking corporation
located at 502 N. Water, Corpus Christi, Tx
hereinafter referred to as the Bank, hereby mutually agree ar 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 " CCISD Emergency Jobs Extension Program 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 he 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. A11 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 NAS
COrpus Christi National Bank
BANK COLLATERAL required, based upon
estimated maximum bank balance, (excludit
FDIC coverage of $40,000, is
$
Sr, j::;RE
DATE
10-1-79
Will be provided as required.
CONTRACTOR USE
TYPE NAME
Elmo V. Jackson
TITLE
ADMINISTRATI;tE UNIT
CONTRACTOR'S NAME
Corpus Christi Independent Srhnnl
nistrirt
DATE
10-1-79
SIGNATURE
DATE
SIGNATURE
TYPE NAME
TYPE NAME
Dana Williams
TITLE '
TITLE
Superintendent
_28_
g
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance paJment to the contractor in the sum of $ 31,475
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 iters 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.
T.R. Roberson, Director of Finance
2. Will the Accounting System be
directly maintained by you?
Yes11 No (If No, who will
t maintain the account-
ing system?
Name and Address
3. Are you familiar with the Department of Labor Audit Requirements?
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 Accrual System based on accounting procedures set forth in Bulletin
679 of the Texas Education Agency.
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
Dana Williams, Superintendent
Signature
(512} 888-7911
Date of Execution
10-1-79
-30-
BONDING REQU[REMENTS
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond covering those persons.
J.M. Pearce - Assistant Superintendent for Business
-31-
I':SUR 22CE ? OUIREMENTS
Copy of workmen's compensation policy
including person covered or similar
type of insurance for same purpose.
-32-
CUtirR�'.0 SIGNATURE SHEET
FRO;; R A_
CONTRACT NUMBER
MODIFICATION NUMBER
IttY f C s Christi CONTRACTOR: Corpus Chri tti State School
0. box �LFgY P.O. Box 9297
Corpus Christi, Texas 78408 Corpus Christi, Texas 78401
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Corpus Christi State School , hereinafter referred to as Contractor.
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 40 pages, including this page,
and such other provisions and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide by all terms
specified herein and also certifies that the information in this Contract is correct to the
best of his knowledge and belief and this Contract has been fully authorized. Funds hereby
being obligated are subject 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)
OBLIGATION :
TITLE
VI
FISCAL YEAR
TOTAL
$ 360,000
FY 80
FY
FY
$ 360,000
Total
$ 360,000
$ 360,000
APPROVED FOR THE PRIZE SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature)
dames Armstrong. Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
APPROVED:
Director of Finance
DAY of
ATTEST:
City Attorney
City Secretary
5,
Ext/-
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 he 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 Dozy 29, 1979.
lA
2
PSE PROGRAM SU'WRY
2. CONTRACT NU`dBER
1. CONTRACTOR LIAISON OFFICIAL
Leo Lowry - Business Manager
3. TITLE VI
4.
DISTRIBUTION OF FUNDS AND JOBS
CONTRACTOR
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION 8.NO. OF
JOBS
9. FUNDS
Corpus Christi
State School
State
Agency
Coastal Bend
Region
49
$ 360,000
10. TOTAL
11. OTHER ACTIVITIES
12. TOTAL
49
$ 360,000
-0-
$ 360,000
2
(2)
PS JPATIONAL SUMMARY
Contractor: Corpus Christi State Schr
P.O. Box 9297
Corpus Christi, Texas 7c
(CCUPATIONAT, TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(C)
(D)
(E)
Special Project
MHMR Aide
17
580(1
90 $
52,200
620(2
90
55,800
Clerk
7
580
70
40,600
Non -Project
MHMR Aide
15
580(2
80
46,400
620
80
49,600
Labor
4
580
40
23,200
Food Service Worker
4
580
46
26,680
Clerk
2
580
22
12,760
(1 Wages covering first 6 months
(2 Wages covering second 6 months
TnrA,L
49
---
--- $
307,240
FPT"(_F BENEFITS
$
37,668
1. FICA @12.26
2. Workmen's Compensation 91%
3,072
3. Other (specify) Group Insurance @3%
9,220
4. other (specify)Travel
2,800
5. Other (Specify)
Sub -total fringe benefits
TOTAL
$
360,000
3
11.21. 111•1'A It I h11:N'I' O1• Moult • l.11ll,l„yme+ll um! 1,uI+1I1iy A.li„Iiil,l:0111il
P S OCCUPATIONAL SUMMARY
' CONTRACT NUMBER
•
N AMC AND ADDRESS OF CONTRACTOR
Corpus Christi State Schoola.
P.O. Box 9297
Corpus Christi, Texas 78401
a. TYPE OF FROG NAM ("X"a1+PruPrlale pua'(e1JJ
❑ 11 • Q b. l] vi r. ❑ SPacld Covarrtor'sQ
(1. In Olhar (specify)
•
4. PROGRAM AGENT, EMPLOYING
AGENCY AND OSITI0N TITLE
I
NO. OF JOGS
- Y
COMPARAGLE I
WAGE•
ANNUALIZED
CLTA WAGE
�SUPPLL•MENfATIoN
DF WAGE/SALARY
PERSONYgArtS
OP
NT
p FL,ANNEUNT
TOTAL
ANNUALIZ EO
WAGES
(El
In
101
• !nl
— IE)
(C),.
MI—
Sub -Contractor
Corpus Christi State School
Non -Project Positions .
15
4
4
1
$ 7,200
6,960
6,960
6,960
0
0
0
0
15
4
4
1
$ 7,200
6,960
6,960 , .14
6,960
Positions Created Prior to 10/01/79
MHMR Aide
Labor
Food Service
Clerk
•
G. TOTAL s— IP--
24
0
24
-----
11,3. i,P.vnll I nn:N 1' of 1 Anon. • 1 wlouyni, ni Milli n I I.t I< ,
IONA4. SUMMARY
• —r---_-
NARK AND ADUIIESS of CONTRACTOR
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78401
•
3.lYl'EOFI'ilOD11AM ("X��al�PruUrl.7eGua(aa11
a. 0 u • D b. Vi VI
0,10 Mbar (Specify)
c, O Special Govarnor'i
6
4. PROD i AGENT, EMPLOYING
AGENCY AND POSITION TITLE
AGENCY
NO. OF J0U5
z
COLIPA nI+RL£
WALE
ANNUALIZED
CETA WAGE
NDN•CE7A
•SUPPLGMC SALArlN'
OF WAO E/SALARY
vlEl
PEnsorre ARS
OF
CMPLUYMENT
PLANNCU
I` Fjs�
TOTAL'
ANNUALIZED
WAGES
_
(°j a
�,, IC)
(0)
ID}
(A)
In}
Sub -Contractor
Corpus Christi State School
'Special Project Positions
17
8
$ 7,200
6,960
0
0
17
8
$ 7,200 '
6,960
Positions Created Prior to 10/01/79
MHMR Aide
Clerk
5. TOTAL
a+.•
7--
25
0
25
.
.1
CONTRACTOR'S NAME AND ADDRESS
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas '78401
I I.ti. r 11.1'4 11 1 171 04 1 Ill• I.Allralt
i'wnlnnmm1 nod Iru,.hlp A,I, IoI•orntlml
CEPA PROGRAM PLANNING SUMMARY
1,. CONTRACT NUMBER
c. GfOANT Yenn
Prom
October 1, 1979
d, Tvrc or IrnocnAM
1. dnuell LIVc 5. ❑Title VI I
2. ❑ Tllte IID 6. ❑ Admin. Cost
To • 3. C7 11113 II3 :poetry
September 30, 1980 4. tX1 Tine vt 7. O Other
i7
0
2
Xv
4
5
(00 f1CG70NAL OrFICt USE ONLY
CONTRACT ItCY
N
3 1 0
ti
In ll
E
X�12
INS7 RUCTIONS f Un COMPLETING 5(0130040 I, 11, (3040 III
Sec. it A (Totnt Enrollment%) lo li,e min of A.l and A.2. U (row Trl mbulloni) 13 the Atm of 03.1 through
• 11.3, C (Punned ltnr0ltni0119 li A nlhlu7 03.
Sec, II: enter 10 Ian. (e) f:nroliments In each pro;ren+ activity cuniulagvely through the grant year, Ind In line
(b) tho number of parlfolpents Alarmed to be enrolled In each program activity at the end of each
our ricr; participants wllo are concurrently enrolled In more that one lclivlty should be counted In each
octtvlty In which they are enrolled.
See, 113i I;ul er the N oolal Ivo number of participants In each oo nirnt to be enrolled durlrig the Tract Tea,
Par llelpantt dmuhi Le enunlyd In It many ilgnlfleanl segment Troupe Al are applicable.
• L EN110LUd^.NT A'10 TERMINATION SUMr,In0?
GRANT YCAft•TO DATE PLAN
u. RCro, T
O t' 071100
.TOTAL
MCN T1
3. enroll•
nrnli
1111 r,
2. f arlict•
pent, cant_:
Oarr
I
I0. TOTAL
TCRt.MINA•1."./o71,,,,,,,
TIONS
7 (nlr t
a. Olrect
I'Icmli.
b. Indlre0l
I33m71.
•
e.00la1 .1
Fn[+ltr/n1n1
7, pipet
nu,lllv3
7, Nn •
po111
C. PLANNC1
pam°LLt.,n.'I
(end 711 C'•rA•r
c
4 ct
_
1
__49
_ 1
?
7-7
'.__ ;_._._� •_ :
•
1
0
7 80
60
11
49
11
0
49
69
20
49
8
0
6
9
15
_3_
10
4
5
]7
74
70
49
Q
0 8
0 89
40
49
40
10Q
.,_12_.
25
O
0
7I1.
1 $Q
11,105
100,
5,].
:6
17
:0
hl .
.101 .,
5t
� I
Ill i
GE•
el 1
)L
11. I'LANII.O CNIICLLMI:N IS 104 1'110U11AM ACIIVII IIS
IV, 0111111 ACTIVITIfC
A n L
u
0
(211nrmme In
•
I.LA01r,oOM
101,,0' ,ave„
TIV/IH1lce On.Ih0.30b
Voc. I.J. T,alr+lnq
rob. C075.4i
7.1[+5,1"4,1
-_z
R'urk
Cvlvr17100
...-r�r..,,,-,
Intllcnly bihor 3071,11101 Of 11133131 progrmnl 071 1113317.
menll. I7elcrlhe th311 oltine11001 end Hit miltin:nee
--r,.-2/
n 2
�1,
30 r ,.-.. _.._.. e..1-1,11.1,,,,,,,,,,,+,
al 701,1 Cnr nl7mnnU
1
1
1,r.-c.,,-,,-.--..�.—,,.�--.
...
re
Iowo 0 allele 3chlrwlnnnt Ino quantitative or nnnotivp
3
bl Cl,renity Cr -n.7013/1
1
1 1
9
vio13711311017.
L•
2
e1 Tolar Cr.,11,rn11
n
J a
f
69
r
1
0/ e7„en11N 7ntnne4
0 3
8 0
i s
'
'4
2
al Total rr•rv117,1rn1,
u
11
(Q.
1
4I 0.10 ,,130 rn,nllcd
0
0 8
0
_a9_.....r.
49
(1
2
11 T01.11 Erroll', n71
7
7 ail
100
O
3
01 Cmrrnt11 r_o,o!ItJ
7
0 8
0
1
: 3
. .i ..
2 222.7',^^0G
11
10 141
n�
J
III. S1ONIrrCANT SCGMCNTS
•
.
00ANT YCA10410•0 ilT0 PLAN
(1I7/0NT YCnl1.7r5,I'A1C 10014
51(1NIrICANTL
1701
3/31
/ 311
O/771
71CNIfi CANT
SCC1MCN i i
17/71
7/7l
(WO
, 7/10
71E11MC1175
I,/
Ic)
lel/
111
101
301
lo)
_
AEcon/Di sad...,
60.
.101,,
...69
-,..:,--4.,-3,.._
89
�n
109
r...�_�,-s�,wt.,-
_—.,-.-->•-:_-,-m—
..,r..��u=.,-,ter
n
01
c
11
U
I
ONTRACTOR'S NAME AND ADDRESS
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78401
Ua, ua, AI,7MLNr Ur t.Annn
4:mPluyu,n;l 1nJ 1•raWfn4 AJminl+itallnn
tltthCCT I!irntnMATInN SUMMA11Y
October 1, 1979 -September 30, 1980
0. tell 11E0IOUAL (11'11(;C 1100 nNLY
Z �
p
_ 2
U
L
CO11111/101 ICY
Su
1,
11
117
i
�t
2J
z
rt
1411) Ih 17 20
1.1011, 0A 1 l'.
7.11.4
nn
YY
71 12 :2 1,115 `1 17 2f, 22 JO
IL CONTRACT NUMBER
0. TYlC 00 0/10011A(.1
1. L/ Title II -B&C
2. L/ Title II -D
3. LI Title III -
Spcc
4, L/ Tit -1e VI
5. L/Title VII
G. L/ Admin. Coot
7.= Other
0. IIU1)(12T GUMRIAIlY (. )5T (:A1 LCU21177
4 orlArlr Yn0011//11
rt,r/C110N art ACTIVITY
Adn;ini:l r, I2on
Allcw.;1/1
01a;et
C.
ST 1// 103 Ul1CXI CNOL;) i 710137
3:74? 011 nrVISCu 51.10000
?I
0;!:1, r.tl,rr,u
T(1'.' 7
i'.
0
r eda,ll
t. rin). roue,al
T. tii,l•----•
•I
isj11'11f.11 `r1''a�'{1' • ' • I _1 II1 _t;.;
rte- ;(V. l s' i v" ci'
,'!I'I,��'••:111.1`'!�1 T�tfl•n ,'1�l'.krllf•µiG 't+:41.4
,l.l• r(,1,1.�`•'.: i� �f"'ir
•1 ';FLI I +,'...}+'1�,
?I�I
23
15
u. 1 (21,1 I. Non rederal
12 7 24CI LL-n�a n:..�'11 k{I,4UIr-T
r 2"
t '; 7_' 0� +,�:•a(� 1!':11{ 't 44 44 1 307,240 ,"ssili{trAF1,l
•r. 11.. - 53 52,760 ,.,1/A (F:3'
22
t�}r�:ft)i: \1'I
I ;j
$ 360,000
F. TarAI
5$ 360,000
0. CUMULATIVE CI 11A(1TfIILY 011(1JLC t 612Sr((7r 0III(GAf1000 ANI) CHI 1.011100;;1:7 (rot ()uarinr 0m1hp)
_. _..,..._ a - _.... ,,_..a ,:
r,lnie nronvat 01/l)7,Ihnt
1 1
•1_f
0
3
,;
1
Cr• 21
—
24
1
Il )d
— —
90000
74 2'
_ ,
y.,
1 7I
..,!.771,11
.
(I
11
2-1 I
= '__
24
3 $
7, 7,
,�, ,a_„7
180,000
1< 7:
1 2
- :'
r1
7 2
= �-
20
3 $
77
",_.
270,000
2_112<
A
7",
4. -
1 71
_ ,-,
0
2
_.�s7
3
i'121[2:12,
1G
$ /50.000
24 2;
-
--
To141 Irr!etled l:zpervllh2te,6y Nowlin
l '
35
90,000 (�
'•
180,000
'
35 270,000
SLI T'
35
_
360.000 •..
0 CI n:1nm 1',,11;2;..7, 1',611 5pnn or
• Ii I.44
j
r' d
i,
41
1.16,
6, O:, !..r Jnh, Ttrfn67
-
+J 1,
51
,,, 5
,
7-
, (I
53
r. P„Lhe Srr,kr En.rlaymenl
0; (I23
90,000
1,2
180,000
1 1
6' 270,000
• 1
(,2
360,000
d. 1Yo;1, 0oprrlenee
T ,,,
�1 )'
t`` 71
, '
71
.`7 I'
71
e, Surlcel to P,rlielpanl,
l 2
n
I
�f'��r;
2G EE",,1°1 + l
Ju v
r;
1 7
a
�7�;
1 f{;j�7i 7wS..3�11:1i;
'''' '.a a
`I 1
r
y
I ir, 7i a�
S
1 2
�1 —
7
4
;'jI
iL�, 1
IG 1. TFfl
I. GI'..tr r, cl l+Il;rt
r--
`I
37
'1 :4S
i
y,
,' r.',
3,
r: l4.le•: C,pem!.a,,e1 fot 5n1111.1nz1 r./I,
r.; p,cl+l U, ;.0 In gn ullart
( ,
;i,
11
,r'
4•I
14
,1 ;
Al
�..—_!—_.
$,,LL .d I +pr., ;_n n( tion PtJ`F't nd,
ii 0r...1. I',vl1�u, 1; ,e n 711111
.— -1•r;I;•_
,. , ;,. ;r I ,.,...;,.Sp„,.,
,,.
,7 ;f(
.. 1
ii.
(.2
-
n
1
---•----__._ _-
R an
ci
-___.----• ..
- 4 in.ri 111111---�-•
)
if
+''I „
..___ _____-
-'< 27r nn� —'
),
i'
-
51
1,
—^ —
--.c .i.ri-n.nn'--
w •o �17 rI_-M �- rOP Vl3p:t
n$0y ,••,t arvl Tnlnln9 Pan{nlatn:lon
CETA MO � T I Y SC 1L� 1SUL
CO. ('KAC1' NUMBER
ta, TYPE Or PROCNL.a.4 (""6 -ono)
Q .1, -:vas CrIn! to Covomo.s
CONTRACTOR'S NAME AND ADDRESS
Corpus Christi State School
P.O. Box 9297
Corpus Christi, - Texas 78401
Port HCGIOr+AL o,rIC7 U.a: Ont -Y
CONTRACT K -"-"Y
i
C
Z
0
5
1 I I
II 1 11 1 1 IPA
617 a 1 9110111 1'1131:44L]j_311:11:}
1 2 3
8
ETA 22029 (A i/.
ENO Of MONTI+
III PPO -1 :'-7v7
- CUYUtrI-.•-tVS.
• EJCY t'+all i JAES
• 03Y MON17
__ _ __-
L MO'tTY
-- _ . __.- .__
• 1I PLANNED CURRENT
- _. . -.
Et•1ROlL`AENT
Non -Project Jobs 1
Projects
7 1 x 1 �/ 1
24
i
•
25
$ 0,000
1 1-T 1 7 1 9
24
25
60,000
1 1 2 1 7 19
24
25 '
1
90,000
o 1 t 1 8 10
24
25
120,000
o l z 18 10
24
25
150 non
o 13 18 10
24
25
•
180;000
o 1 4 18 10
24
29'
210,000
o 1 s 18 10
24
25
240,000
0 1 618 10
24
- 25
270,000
0 1 7 18 10
24
25
300,000
0 1 8 1-8 10
24
25
330.000
o I o is 10
0
0
S 3.60.00n
1 1 1
.
1 1 1
t j 1
-
.
1 1 1
.
8
ETA 22029 (A i/.
PROJECT MODIFICATION
Project No.
Project ModiEicatioa No_
165-8870-21-189 1
To: (Project agency's name and address)
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
Beginning E. Ending Date
October 1, 1979 -September 30, 1980
Sub -Contractor's name and address:
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Changes herein have the following effect on Federal government funds In this project
agreement:
/ X/Increased by $59.099 / /Decreased by $ / /Unchanged
The above -numbered project is modified as follows: Client Transport Escort
GENERAL. INTENT OF PROJECT MODIFICATION: To modify existing project to extend from
October 1, 1979 through September 30, 1980. The number of personnel has changed
from six (6) employees to seven (7) employees.
Approved Budget Revised
1ODIFICATION Budget Changes Budget
* 1. Administration $ 0 $ 0 $ 0
2. Fringe Benefits $ 3,376 $ 8 699 $ 12,0.75
3_ Wages $ 19,224 $ 50,400 $ 69,624
New Total Cost
of Project $ 22,600 $ 59,099 $ 81,699
Except as hereby modified, all terms and conditions of said project as heretofore
modified remain unchanged and in full force and effect_ The intent of this icodiz-
cation is notte provide additional funds, but to proceed with said project utilizing
only the existing funds, available in your current contract.
Name of Contractor
By
Signature Date
Typed Name
Title
*Identify administration costs and submit with modification
9
C S Or 1 .,1 u%
PROJECT DATA SUM 1ARY
165-8870
165-8870-21-189
Ptir'. < 570.`:0:1'S f,]. •nc Ao:D ACUA_SS
2. P✓OJEC r AcC.cv
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Client Transport and Escort Project
iu ?CSE O. -n..,JECT A.NO,BA,eF 02S:61I>r IO.N OF v1OA✓. TO 97 PCAFp A'n_p
Will accompany clients to scheduled activities. Assists walking training
program and help ensure client safety when traversing the campus_
Funds are not available to provide these services.
i
TO 37 E . -.G"ED 1'4
6
5. CPE a,'.Ti O•.:,! O=TES
4-15-79
_>, 9-30-79
6 P;^JE_- P12,361C SE %,: SCE AnE=S !".\- €pa p... fl Eo -foss I
1 1 , Cn.�remm�n:J. i C•naa:�e a r.1
'L Pa•. •-••
Illi (( s
Soe.al 5,....e. I I
PuYI.c Wo.',
1 61
7, Pg1♦_i• LI 171.17E J_'u :,E ::: -:lJ AV _r1AGE A♦':aal .7ACE
i JOS TITLE
MH/MR Aide - $3.08 p/h
1 AVEBA;E
vi AG E
S 19,-224
S
PS 337.17.71..S
S
c
is
5
Fringe Benefits S 3,376
i TOTAL 1 5 22,600
D+a n,1.1 1 anmp,,•gro
10
£L' .-,7s(Ser :7r:7
PROSECT MODIFICATION
Project No. Project Modification No. Beginning E. Ending Date
165-8870-17-185 1 1 October 1, 1979 -September 30, 1980
To: (Project agency's name and address) Sub -Contractor's name and address:
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Charges herein have the following effect on Federal government funds in this project
agreement:
/ X/Increased by $ ?4,483 / /Decreased by $ / /Unchanged
The above -numbered project is modified as follows: Clothing Clerk
CENERAL INTENT OF PROJECT 230DIFICATION: To modify existing project to extend from
October 1, 1979 through September 30, 1980. The number of personnel will change from
4 employees to 3 employees.
Approved Budget Revised
?ODIFICATION Budget Changes Budget
* 1. Administration $ 0 $ 0 $ 0
2. Fringe Benefits $ 2,284 $ 3,603 $ 5,347
3. Wages $12,816 $20,880 $33,696
New Total. Cost
of Project $15,100 $24,483 $39,583
Except as hereby modified, all terms and conditions of said project as heretofore:
modified remain unchanged and in full force and effect. The intent of this modi-
cation is -not to provide additional funds, but to proceed with said project utilizing
only the existing funds available in your current contract.
By
Name of Contractor
Signature Date
Typed Name
Title
*Identify administration costs and submit with modification
11
1.1 11.,.It (1'E: Cil. Ln.:r' i-. _r, .i ,..., i..�...,... n..i. t,ii ,�. �Zi lLZ rl Cit....,,
165-8870
PROJECT D:.TA SUP7.'.1ARY
165-8▪ 870-17.185
1 VHr`•E+O \AOR na c P`..� S.C=1.i_i:
7 n-oJeCr.c(�C t.C4 :-•,o aD ▪ 3 rr
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
..., 0-r c.r
Clothing Clerk
>:)a?OSS O' 'r OJ=C C.,,O.BAI=F .^.ESCRI' IO. C? nOR/ TO BE PCAPOR,A.E0
To survey clients clothing needs and purchase clothing for. clients.
Mending of clothing for clients and do the paperwork involved in clothing
inventory.
Funds are not available to provide these services.
4
F•am 4-15-79
9-30-79
c
a -1^ t
JYC- ,,UC SE .l'••CE 1,E: -'S.\
f '' i .rc ..ovue:•,
Ho.,,i 1 no .>. n, 1 1
1 a..:...: n•t.
Lar^n. o•.+ 5^..x1 r.wr c.r I .c ,•:t v I P..St•c .v4s ... —:IOav'_A:..'.F J.±E:::.
ISL 2s .• • 1
is JOT.
-c4
PS JOi :t-tC
Clerks - $3.08 p/h IS 12,816
S
5
Fringe Benefits 15 2 284
TOTAL
5 15,100
5
12
PUBLIC SERVICE EMPLOYMENT
PROJECT MODIFICATION
Project No.
Project Modification No. f Beginning & Ending Date
165-8870-18-186 1 1(I
To: (Project agency's name and address)
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
October 1, 1979 -September 30, 1980
Sub—Contractor's name and address:
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Changes herein have the following effect on Federal government funds In this project
agreement:
/X /Increased by $ 32,644 / /Decreased by $ / /Unchanged
The above—numbered project is modified as follows: P.O.R. Clerk
GENERAL INTENT OF PROJECT MODIFICATION: To modify existing project to extend from
October 1, 1979 to September 30, 1980. The number of personnel has changed from
10 employees to 4 employees.
Approved Budget revised
MODIFICATION Budget Changes Budget
* 1. Administration $ 0 $ 0 $ 0
2. Fringe Benefits $ 5,560 $ 4,804 $ 10,364
3. Wages $32,040 $27,840 $ 59,880
New Total Cost
of Project $37,600 $32,644 $ 70,244
Except as hereby modified, all terms and conditions of said project as heretofore
modified remain unchanged and in full force and effect. The intent of this nodi—
cation is not to provide additional funds, but to proceed with said project utilizing
only the existing funds available in your current contract.
By
Name of Contractor
Signature Date
Typed Name
Title
*Identify administration costs and submit with modification
13
L
L S f/ t ... .. i Cl. L..t rl . r<
PROJECT DATA SU'`1 GARY
165-8870
PR_.JeC[ Nb d
165-8870-18-186
S.J\SCR 5 \J.rrc A'•O :-C D:tE SS
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Problem Oriented Records Clerk
r— PVR?O5? O^ 'r ..JECT ANO.6RIe5 'DESCRIPTIO". OP WOW:TO 55 PERFORI,EO
Assist with the implementation of a state wide record system. Provide
dorms with adequate POR materials. Perform routine checks to determine
if forms are in proper sequence, labelled etc. Conduct periodic review
of proper completion of POR forms. Assist in ensuring proper filing
procedures. Assist in preparation of materials for microfilming_
Funds are not available to provide these services.
,,,,BERa-„s•;CIP:.N:: TO 35 E•'LO'ED I'4 PPOJECT' 5. CE. R,. T':JN:.1 DATES
10 P.om- 4-15-79
” 9-30-79
Educa..e..•1
i
Hearath L
}le _. a
1
! :ran,n�
.ar•eT
E.,roonmrn.a.
i!
Grunt;+e A•t, I
L.P..,
n;
' I
Le,. En'i•c.-
mw.
5nc.al5>...c..
Pvbl:e S/a rYa
}reur.ny
7 PR.%EIPLE ri_t•C S=R\ICE JCu "•T.F !_• —'a0 At
33305 TITLE
1 Ac .rn r, r.V Ll
GE i
P5103 T.TLS
Clerks - 53.08 p/h
Is 32,040 F S
s
Q
Is
t5
Fringe Benefits
TOTAL
Is 5560
IS 37,600 1 1
I
1s
00 •-JI ,-cl,3 r,i,c, ?rT run ver
14
E:AS-t!5 (Ee: ;7,:E
PR03ECT MODIFICATION
Project No.
Project iiodification No_ f Beginning & Ending Date
265-8870-16-184 1
To: (Project agency's name and address)
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
October 1, 1979 -September 30, 1980
Sub -Contractor's name and addreas_
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Changes herein have the following effect on Federal government funds in this project
agreement:
/ X /Increased by $40,506 / /Decreased by $ / /Unchanged
The above—numbered project is modified as follows: Recreation Aide
GENERAL INTENT OF PROJECT 2,ODIFICATION: To modify existing project to extend from
October 1, 1979 through September 30, 1980. The number of personnel has not changed.
Approved Budget F.evised
NODTFICATION Budget Changes Budget
* 1. Administration $ 0 $ 0 $ 0
2. Fringe Benefits $ 5,560 $ 5,706 $ 11,266
3. Wages $ 32,040 $ 34,800 $ 66,840
New Total Cost
of Project $ 37,600 $ 40,506 $ 78,106
Except as hereby modified, all terms and conditions of said project as heretofore
Codified remain unchanged and in full force and effect. The intent of this modj--
cation is notte provide additional funds, but to proceed with said project utilizing
only the existing funds available in your current contract.
By
Name of Contractor
Signature Date
Typed Name
Title
*Inentify administration costs and submit with modification
15
PROJECT D., fa SU`r.;ARr
D,-cr-
65-8370-16-184
,, Tr1.•: c Sap '. O 1 : n.+. E n •. 0 A.'] :a ' S
2. P,-•O!_Cr t. C.E:.0 .& .O c-DOBET;S
Corpus Christi State School
P.O. Box 9297
Corpus Christi, Texas 78408
Recreation Aide Project
TJ VTpS� C= ^?OJSCV �'.D_an'_; O E-SCPt1TIOr. O7. r.05e, TO BE PE.tF0r1,.1E0
To provide therapeutic services to clients in the area of recreation_ To
coordinate day camping, picnics and sports, off -campus field trips, swimming
activities, dances and bus trips. Instruct clients in the use of materials
necessary for hobbies and arts and crafts.
Funds are not available to provide thase services.
10
5. C%F P:. -,D -.AE pa'•
_t
6-4-79 12-4-80
1Ct; :-. :-_.l3 alErrAG^ n+.._�.._tva[� t,t
/OD r,TEE
Av=TA E r .u_L)
•r=GF �
PS 103 T, -Lf
Recreation Aide -$3.08 p/hls 32,040
5
-
S
Fringe Benefits
TOTAL
I 5
T
5,560 1 - i 5
IS 37,600 1 S
ET-�5 t r.
16
CONTRACT NO.
STANDARDS OF PERFOR:NANCE
The Corpus Christi State School 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.
17
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendments of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved by
the Coastal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management
Circular (FMC) 74-4 as those circulars relate to functions such as the utiliza-
tion of funds, operation of programs, and maintenance of records, books, accounts,
and other documents under the Act.
2. The applicant, in operating programs funded under the Act, further assures
that it will administer its programs under the Comprehensive Employment and
Training Plan in full compliance with safeguards against fraud and abuse as
set forth in the CETA amendments of 1978 and pursuant Federal regulations; that
no portion of its CETA program will in any way discriminate against, deny bene-
fits to, deny employment to or exclude from participation any persons on the
grounds of race, color, national origin, religion, age, sex, handicap, or poli-
tical affiliation or belief; that it will provide employment and training services
to those most in need of them, including but not limited to, low-income persons,
handicapped individuals, persons facing barriers to employment commonly experienced
by older workers, and persons of limited English-speaking ability.
18
3. In addition to the above requirements and consistent with the regulations
issued pursuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L.
83-352), 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 pro -gram 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.
19
e. It will comply with the provisions of the Hatch Act which limit the
political activity of certain state and local government employees.
f. For grants, subgrants, contracts, and subcontracts in excess of $100,000,
or where the contracting officer has determined that orders under an indefinite
quantity contract or subcontract in any year will exceed $1000,000, or if a facil-
ity to be used has been the subject of a conviction under the Clean Air Act (42 USC
1857C-8 (c) (1)) or the Federal Water Pollution Control Act (33 USC 1319 (c)) and is
listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the
grantee assures that: (1) no facility to be utilized in the performance of the pro-
posed grant has been listed on the EPA list of Violating Facilities; (2) it will
notify the RA, prior to award, of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection Agency, indicating that
a facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities; and (3) it will include substantially this assurance,
including this third part, in every non-exempt subgrant, contract, or subcontract.
20
ASSURANCES AND 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.
Corpus Christi State School P.O. Box 9297 Corpus Christi Tx 7SVIR
Legal Name of Applicant Address
James Armstrong, Superintendent
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1979
Date of Application
21
SPECIAL CLAUSES
1. C:D,
a. The Prima Sponsor's Contracting Officer may, at any time, without notice to to
reties, by written order designated or indicated to be a change order, rake changes in
the work within the general scope of this contract, inany
one
or
more
ofperformanthe ce n•
(1) drawings, designs, or specifications; () ance of
the work; (3) in the Government -furnished facilities; (4) method of shipment or p ;
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 d rerriination) from the
pr'rue Sponsor's Contracting Officer, which causes any such chang,ts as enumerated in (a)above,
shall be treated as a change order under this clause: Provided, that the Contractor/
Subgrantee gives the Pride 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 con3uct 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.
under - clause causes an increase or decrease in the Contractor's/
d. If any ct : d, --' a e performance of any part of
SIZtr
k
-tea's comet of, or the :-_ required. for, the an equitable adjustment
under this contract, whether o_ not�changad by any such order, q
Provided, however,
rade and the contra:: modified in writing accordingly: costsved, however,
rred erre Thatatn
shall tb:1r) above shall be allowed for any
20 claim for anychange under -
?0 days before the Contractcrr-.bg=antes gives written notice as therein required, And
ovided further, That in tba c:_a of defective specifications for_ which the Prine Sponsor
p ad_lustrent shall include any increased cost reasonably
is responsible, sauna:
b tractor/S` -antes in attempting to comply with such defective speci-
fications. y the ��.
.De
e. Ifthe
Ccncractor/Sulgranc_e intend to assert a claim for an equitable adjust-
ment under this clause, he mus-, within 30 days after receipt of above, tten submi.tatoethe order
under (a) above or the furnishing of a written notice under (b) forth thesget tot nature
~rine Sponsor's Contracting Officer a written statenent setting
by the Prime Sponsor.
d monetary extant of such claim, unless this periodabove. Wnsor
The statement of claim hereunder ray be included in the notice under (h)in
ere
1-e cost of property made obsolete or excess as the result of a change is included Officer fi the
Cct 's claim for adjustment, the Prime Sponsor's Contracting
ehalrahave't right to prescribe the manner of disposition of such property.
ble adjustment hereunder shall.
f, ?:o claire by the Contractor/Subgrantee for an serum adjustment
-payment under this ccntrssc s._�_,_ ret.
�a : f a.,;._ .._ after _:_.__ pay:
F.,res o- the terms of any e::u'_cable aCjuacr.an_ shall be a dispute
g.
1ie,e to clauseof this contract entitled
cencnrning a question of fact within the meaning of the
Disputes."
h. gothing in this clause shall excuse the Contractor/Subgrantee from proceeding
Prime Sponsor's Contracting Officer in
ubgrint as charged by the P � scribed in or
--it the either b/s of a written change order as de (a) above,oof
._i)in� enter by (i) issuance S, Contracting
the Prime tensor's
quer-ce of a written confirmation by b above, resulting from an
(ii) -s required of the Contractor/Subgrantee in ( )
tea written notice
oral order by the Prime Sponsor's Contracting Officer.
2. i:O1Q1scalr ON
22
the policy of the Executive Branch of the Government that (a) contractors
and su.,...ntractors engaged in the performance of Federal contracts shall not, in
connection with the employment, advancement, or discharge of employees, or in connection
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
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 OP?OaTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The Coeeeacror will eat discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative actino co ensure that applicants are employed, and that employees
are treated dur`_eg cn?loymeec, without regard to their race, color, religion, sea, or
national origin. Such action shall include, but not be limited to the following:
Employment, upeeeding, deno:iun, or transfer, recruitment or recruitnent advertising;
layoff or termination; rates off pay other forms of conpensation; and selection for train-
ing, includitt apprenticeship. The contractor agrees to post in conspicuous places,
available to euployees and applicants for employment, notices to be provided by the
contracting o;disar setting forth the provisions of this nondiscrimination clause.
(2) The 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 rational
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
Epee zber 24, 1955, and of the rules, regulations, and relevant orders of the Secretary
(5) The c.nt:actor will furnish all _n=or^a_ion 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
ro` 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 c:ith procedures authorized in
Exrsurive Order 11245 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
23
(7) The contractor will include the provisions vi pu.�, r••
every e tract or purchase order unless e,e:apted by rules, regulations, or orders of
the Se: y of Labor issued pursuant to section 204 of Executive Order 11246 of
Septe_b, -4, 1965, so that such provisions will be binding upon each subcontractor o
vendor. The contractor will take such action with respect to any subcontract or purch
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 agn, the
teecontractor
r oaytrequestett 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 Fair Labor Standards Act
including any special rate provided by specification under Section 14 of the Act, 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 they that stated in Item Number 1 above.
6. TERMINATION OP TRAINEES 03 ENROLLEES
ee
Trainees or enrollees will not be terminated wis thout
oitnprior noticeptoftheatrainee or
enrollee and reaacnable oppertulity for
unsatisftcy ter __:
e Cc-ar c'-i::g Officer by the training facility for substandard or
unsatisfactory progress or c.._u__t• Termination of trainees or enrollees will ba governed
by disciplinary and grievance^a-ocedures approved by the Contracting Officer or his duly
authorized rep_eaen_ative: Provided, That in training facilities operating under a
collective bargnini=g agree=ent disciplinary and grievance procedures provided in such
an agreement and a,ulicable _ ainees or enrollees covered by this contract, shall govern.
7. TEP'i_:1ATI0'c:
a. The per==:. -=Lance of work under the contract/subgrant nay be terminated by the
Prima Sponsor in accordance with this clause in whole, or from time to time in part:
(1) Whenever .he Contractor/Subgrantee shall default in performance of this
contract/subgrant in accordance with its teres (including
in inthe
term
"defaultofatye work
such failure by the Contractor/Subgrantee to make progress
hereunder as erda„gera such performance), and shall fail to cure such default within a
Sponsor's Contracting Officer ray
period of ten days(or such longer period as the Prime
e
allow)after receipt
e2Prime
Sponsor's
ot'ecf
ying
the delt; tr (c)yfneverfor any reasonthe PrimeSponssorsContratingOfficershall
deteruinthat such
termination is in the best interest of the Prime
nrractorlSubgrant=_e of
Any such terriinatien s'.;a11 be effected by delivery to thsdefault Su the
ho`_._, of Ter L a' -;-on specifying shether territoation is roe It ofd to which
c - the Price Sponsor, the
l,c•n -a c-n_iSc:.•3re: =ee or `or the convenience of
performance of work under the contract/subgrant is terminated, and the date upon which
fter notice
such a t for
def bedefault,
ua erf(1) above,e. fitais determinedffor any termination
reasonfthatthis
thecontract/
Contractor/
subgrant for default, under (1}
Subgrantee was not in default pursuant to (1), or that the Contractor's/Subgrantee s
is due to
failure u perform
fa or to negligence of theCoat actor/Subgranteecauses pursuant}otodth thecontrol
and withouto: the fault or negligence excusable delays, the Notice of
,sicrs o.` the clause of this co:traet/subgrant relating to cabove, and the rights and
Tertination shall be deemed to have been issued under. (2)
obligations of the parties hereto shall in su=h event be governed accordingly.
b. Atter receipt of a Notice of Termination and except as otherwise directed by the
i ri,.e =, o^.sot's
Contracting Officer, the Contractor/Subgrant e shall:
•
24
top-work under the contract/subgrant oc the date and to the extent specific'
in the ice of Termination;
(2) Place no farther orders or subcontracts for materials, services, or facilie
except as ray 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 ray 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, cer;1=ted work, s+_pplies, and other material produced as a part of, or acquired
ie respect of the palfor-a_ce of, the work terminated by the Notice of Termination; (ii)
rhe,conpleted cr martially coeelated plans, drawings, information, and other property which,
et tha contract:eeb-crane Had _mea completed, mould be required to be furnished to the
Prime Sponsor, and (iii) tea j?.ss, dies, and fixtures, and other special tools and tooling
acquired, or man::=actured for the performance of this contract/subgrant for the cost of
which the Contra_tor/Subg_eetse has been or will be reimbursed under this contract/
subgrant.
(7) Use hie best ef_oras to sell, in the cancer, at the times, to the extent and
at the price o: prices direecac or authorized by the Prim=_ Sponsor's Contracting Officer,
any prcperty of the types referred to in (6) above: Provided, however, That the Contractor/
Suugrantee (i) shall not bo required to extend credit to any purchaser, and (ii) nay
acquire any such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: And provided further, That the
proceeds of any such transfer or disposition shall be applied in reduction of any payments
to be rade by the Price 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 Price 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 Prinz Sponsor has or may acquire an interest.
The Co:tra_tor/Subgrantee shall proceed immediately with the performance of the
g ations n,t,•i_ - tandiny any del in cster^_iniee ar adjusting the amount of the
tee, oe any item at --eimbureable cost, Inde- this clause. At any time after expiration
of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement
Pegulations (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
ecr c_thorized by the Prima Sponsor's Contracting Officer, and may request the Prime
c.aor to remove such items or enter into a storage agreement covering then. Not later
t:+as :fifteen (15) days thereafter,t'ne Prime Sponsor will accept such items and remove
then or enter into a storage agreement covering the care: Provided, That the list submitte,
shall be subject to verification by the Prita Sponsor's Contracting Officer upon removal of
the iteus or, if the items are stored, within fort?-fife (45) days from the date of sub-
mission of the.list, and any necessary adjusteent to correct the list as submitted shall be
trade prior to final settlement. 25
c. 'Er receipt of a Notice of Termination, the contactor/Subgrantee shall submit
to the e Sponsor's Contracting Officer his termination claim in the form and wit
certifi._..ion prescribed by the Prime Sponsor's Contracting Officer. Such claim sha
submitted promptly but in no event later than one year from the effective date of tern-
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 Prise Sponsor's
Contracting Officer determines that the facts justify such action, he say 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 Price 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/subgrant, determine, on the basis of information afailable 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 Price 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 Co=tractor/Subgrantee by reason of the total or partial
termination of wr:k pursuant to this clause. The contract/subgrant shall be amended
accordingly, and the Contractor/Subgrantee shall be paid the agreed amount_
e. In the _._r_t of the •-e of the Contractor/Subgrant and the Prime Sponsor's
Contracting O`A' =`4 to agree '_a »bola or 1n part, as provided in paragraph (d), as to
the «ounts with respect tn CO5=3 and fee, or as to the amount of the fee, to be paid
to the Contractor/Subgrantee `__. connection with the termination of work pursuant to this
clause, the Pr --T, Saooscr's :3_cracting Officer shall, subject to any review required
by the cortracti agency's :_redures in effect as of the date of execution of this
contract/subgrrr_ determine,
tha basis of information available to him, the amount,
if any, due to the �Contra_te./Su 3rantee by reason of the termination and shall pay to the
Contractor/Subgraatse the amort determined as follows:
(1) If the _ettlement includes cost and fee - -
(1) 'here shall be included therein all costs and expenses reimbursable in
accordance with this co^.tract/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 nay continue for a reasonable time thereafter
with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided,
however, That the Co^tractor/Subgrantee shall proceed as rapidly as practicable to
discontinua such costs;
(ii) There shall be included therein so far as not included under (1) above,
_he cost of settling and paying claims arising out of the termination of work under sub-
;CntT.aCts or orders, as provided in paragraph (b) (5) above, which are properly charge-
__ ;a ., .ter ter=_lt.__=_d porion of th>_ contract/subgrant,
(iii) Therecaa_l be included !a the reasonable cost_ of ,ett1"=ent, including
leg.t, _. othaa er:ps_n.es rea__ -sc-ably neves_for the preparation
of settlement claims and supporting data with respect to the terminated portion of the
contra: /subgrant ant for the termination and settlement of subcontracts thereunder,
tc^ tca: with reasonable storage, transportation, and other costs incurred in connection
vitt, th, protection or disposition of termination inventory: Provided, however, That if
the tc•tsaination is for default of the Contractor/Subgrantee_ there shall not be included
rny aaouats for the preparation of the Contractor's/Subgraatee's settlement proposal; and
(iv) Th5re shall be included therein a portion of the fee payable under the
coats:t/subgrant c'etercined as follows:
(A) In the event of the termination of this contract/subgrant for the
con'en:cnce of the Yuma Sponsor and not for the default of the Contractor/Subgrantee,
there s all be paid a percentage of the fee equivalent to the percentage of tha com-
pletion cf work contemplated by the contract/subgrant, less fee payments previously made
hereunder; or 4 26
(B) In_ the event of the termination of this contract%subgrant for the def "'
of the -actor/Subgrantee, the total fee payable shall be such proportionate part
the fee , if this coatract/subgrant calls for articles of different types, of such _
of the fee as is reasonably allocable to the type of article under consideration) es the
total number, of articles delivered to and accepted by the Prime Sponsor bears to the total
nenber 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 rade 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 amourt 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/
Scbgrautee 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 beam taken, the ar_.cnt so determined by the Prima Sponsor's Contracting Officer,
or (2) if an appeal has been t..- ; the amount finally determined on such appeal-
g.
In arrir ng at the amornt due the Contractor/Subgranrea under this clause there
shall be deducted (1) all unlignidated advance or other payments theretofore made to the
Contractor/Subgrantee, appl__ib2e to the terminated portion of this contract/subgrant, (2)
any claim which the Prime S.o,sor ray have against the Contractor/Subgrantee in connection
.:itis this contra.:`/subgrant, ane (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
..ith respect to _h_ work under tha continued portion of the contract/subgrant shall be
Equitably adjusted by anreement between the Contractor/Subgrantee and the Prima Sponsor's
Contracting Officer, and such adjustment shall be evidenced by an amendment to this
contract/sutgramt.
T. The Prime Sponsor may from time to time, under such terms and conditions as it
rry prescribe, 'cake partial payments and payments on account against costs incurred by
:he Contractor/Subgrantee in connection with the terminated portion of the contract/
,_bgraat whenever in the opinion of the Prime Spcasor's Contracting Officer the aggregate
,f such payments shall be within the amount to which the Contractor/Subgrantea will be
--title .-reund=_r. If the total of such payments is in excess of the amount finally
- .J `= =tier this clans- such excess shall b ')la by the Contractor/
to :he P__= Sp:.__.,c= opon demand. cc:gather
with interest computed at the rate
cf
percent par 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-, 1-o:+ever, That no interest shall be charged with respect to any such excess
;ayrcant 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
Centr::ting Officer by reason of the circumstances. .
(j) 'ihe previsions of this clause'relating to the fee shall be inapplicable if
Ibis contract/suborn+nt does not provide for payment of a fee.
. _ _.:1iNATION FOR CONVENIENCE
27
ovisi,ons set forth in this clause 9b shall gov;,n in lieu of clause 9a should
this cc t/subgraet be for experimental developmental or research work and the
Contract _.subgrantee is en educational institution or other nonprofit institution on
no-fee or no-profit basis.
a. The performance of work under this contract/subgrant may be terminated, in whole
or from time to time in part by the Prime Sponsor whenever for any reason the 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-
eance 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 outstaading 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/Subgrsntee agrees to (1) settle
all outstanding liabilitiea and all claims arising out of such cancellation of commitments,
with the appeoeal or ratification of the Prime Sponsor's Contracting Officer, to the extent
he ray require, ehich approval or ratification shall be final for all purpd is ofees of teisent
claese, and (2) sssign to t_e Peime Sponsor, in the manner at the time,
.directed^by the Prune Spoasc.'s Contracting Officer, all of the right, title, and inter -
est of the Conteeetor/Subg_eeeee 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 cla'__s arising ot- of the termination of such orders and subcontracts.
c. The Co_t_actor/Subgre tee shall submit his termination claim to the Prim
Sponsor's Contra^_ting Officn_ croeptly after receipt of a Notice of Termination, but in
no event later teen 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 enetractor/Subgrantee within such one-year period or authorized extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim within
the tins 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.
above,`ubj act to any review require,
2.
S_bj e:.t CO .:'!d DLCL'; 3iJ^3 G: paragraph (c)and
e Sno sor's contracting agency's procedures ineffectas of the date of execution
?a ' d Prime Sponsor's CoatraCtilo
� ���� n 51LbarantL'e 2n_ the r por.so.
J. this CU^.t rd'=:,/S ubjraRt the Contractor/Subgrantee
Officer ely agree upon the whole or any part of the amount or amounts to be paid to the
Coatrecc.o_/Subgrantee by reason of the termination under this clause, which amount or
menta Lay include any reasonable cancellation charges thereby incurred by the Contractor/
Subgraaee and any reasonable loss upon outstanding commitments for personal services
which he is unable to cancel: Provided, however, That in connection with any outstanding
ecoemitzants for personal services ihich the Contractor/Suhgrantee is unable to cancel, the
ccat-acter/Subgrantee shall have exercised reasonable diligence to divert such commitments
to his other activities and operations. Any such agreement shall be embodied in an
ameneee_nt to this contract/subgrant and the Contractor/Subtrantee shall be paid the agree
amount.
28
f. "-he Prime Sponsor may from time to time, under su:h terms and
dnt nditioSubgrantee
-ay pr be, make partial payments against costs incurred by
the Cin con. _on with the terminated portion of this contract/seb5taot whenever, payments
opinion of the Prime Sponsor's Contracting Offices, the aggregate
within the amount to which the Contractor/Subgrantee will bercntitler d hereunder.
be dee
totcl of such payments is in excess of the amount
finally Contractor/Subgrantee to the
under this clause, such excess shall be payableby
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 Panner, at the times, and to the extent, if any, iirected by the
Prime_ Sponsor's Contracting Officer, such information and 'items '.+hick, if the contract/
subgrant had been completed, would have been required to be furnisTedied tothenPrimaornation;
a
Sponsor, including: (1) Completed or partially completed plans, Ss
and (2)`aterials or equipment produced or in process or acquired in connection with the
performance of the work terminated by the notice. Other than the above, any termination
inventory resulting from the termination of the contract/subgrant may, with the written
approval of the Prime Sponsor's Contracting Officer, be sold or auedppd yothe e by
Subgrantee under the conditions prescribed by and at a price or prices
Price Sponsor's Contracting Officer. The Proceeds of any such disposition shall be
applied in redennlon of any pa^eats to be rade by the Prime Sponsor to the Contractor/
Sebgrza_ee under .kis contrac_,'a=bgrant or shall otherwise be credited to the price or
cost of ;.ort covered by this act/subgrant or paid in such other manner as the Prime
Sponsor's Cont— '-'. g Officer 3irect. Pending final disposition of property arising
fron.che
termination, the Cc=-_actor/Subgrantee agrees to take such action as may be
necessary, or aE __e Prime mso_'s Contracting Officer may direct, for the protection
and preservaticr of the prcperey related to this contract/subgrant which is in the
possession of t.-- Contrecto_+ _ grantee and in which the Prime Sponsor has or nay acquire
an interest.
9. CONSTRUCTIG. r_ND BULLDIh 31L1TAT10N
The subconzreetor shall non expend Federal funds for construction and building tnY
rehabilitation wl.hout prior approval of the Prime Sponsor's Contracting
Of.projects approved by the Dena=trent of Labor and the Prime
Sponsor sorestalcobatad roistered
under the guidel'res of A-102 and parts of Paragraph applicable
procurement.
Id. LISTI.TG OF E'_f.?L0'::iENT OPENINGS
(This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500
or =ore.) ro:tda p emphasis to the employment of
special disablei
Cor` __..r eraae invetorderrans
to P that all suitable employment
_ iS _ d veceraas of tba v:etnaa era' and. exist c;.t the time of the execution of this contract
of
toe C '�raC=OY which Ca
ose
swhich
contract andrincludingethose occurrrif nglats tantestablishmentnethersthantthenoneted
b'rforned but excluding those of independently operated
•
carpr_=ae --ffiliatrs, shall be offered for listing crrthe contateis being P' at an appropriate local office of the
"
State e7?lo;-ment service system wherein the opening occurs and to provide such reports
y be
tc stcb
,ocal T.^.at employmnt
hires
arequired:
Provided,
State or local
F
rr,
e�-�-cme_e_t the reports set forth in paragraphs (c) and (d) are not required.
employment service system pursuant to this
z L?stirg of es:ployment openings with the
claus= shall be made at least concu'rentl'y with the use of any other recruitment service
cr effort and 6ha11 involve the normal obligations which attach to the placing of a bona
fide `_ order, including the acceptance of referrals of veterans and nonveterans_
This li- -,g.of employment openings does nut require the hiring of any particular job
applLc, : from any particular group of job applicants, an nothing herein is inter.'
to reli. the Contractor from any requirements in any statutes, L,.ecutive orders, oz
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 w'.•erein 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, 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.
Tha Ccat-actor may advise the Stara system wban it is no longer bound by this contract
Claus±.
e. This clause does not :r y to the listing of employment openings which occur and
are filed outside of tha 50 =z;, the District of Columbia, the Commonwealth of Puerto
Pico, Cuan, and =he Virgin Islands.
f. This clause does notal:ply
to openings which the Contractor proposes to fill from
within his own c_'„anization or to fill pursuant to a customary and traditional employer-
union hiring arra
ganent. This exclusion does not apply to a particular opening once
an employer de-"-s to consider applicants outside of his own organization_ or employer-
union arrangement for that opening.
g. As used__ this clause: (1) "Ali suitable employment openings” includes, but is
not listed to, openings which occur in the following job categories: Production and
::.7nproduction; plant and office; laborers and mechanics; supervisory and noasupervisory;
technical; and executive, administrative, and professional openings which are compensated
on a salary basis- of less than $18,000 per year. The term includes full-time employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include oaenir_,s which the Contractor proposes to fill from within his own organize-
tica or to fill pursnant to a customary and traditional employer-union hiring arrangement.
o` _ S u yr :ice system" means the local office
•^) - _o_ ria_.. c _,..._ `± ee•plo ...'_ z:_r' ��
-nasal-Etat r'r tionsll of public^ea _r.hyoant oEfl:es with assigcad responsi-
or tha _--.} ' ' sha_ot ,.here the earaloymeat opening is to be
L11-L t} v•- �,r _i. A--r� ''L3 of'ti�_ e3t�'Oi_,
Mice., 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 or;_, iza_tioa" t^e.i:_s employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, sus-
sidimries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Connector proposes '` * is to fill pursuant to a customary and traditional employer-
union hiring arraucrant" means employment openings for vhicb no consideration will be
givtr to persons outside of a special hiring arrangement, including openings which the
Contr-ccLcr proposes to fill from union halls, which is part of the customary and tradi-
t'_o:,i wiring relationship which exists hetr.een tha Contractor and representatives of his
era; loy•,.._ .
•
30
CS) "'Disabled veteran" mans a person entitled to disabi'.it, compensation under laws
admin; ed by the Veterans Administration for a disability rated at 30 percentu_n or ire,
whose discharge or release from actt‘e duty was :or a disability incurr,
a,:grava__a in line of duty. (6) "Veteran of the Vietnam era" means a person (A) wh
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
Dart of which occurred after August 5, 1964, and was discharged or released therefrom with
other than a dishonorable discharge, or (i1) was discharged or released from active duty for
service connected disability if any part of such duty was performed after August 5, 1964,
and (8) who was so discharged or released within the 48 months preceding his application
for employment covered by this clause.
h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comp:f with the provisions of
this contract clause relating to giving special emphasis in employment to veterans, such
veteran may file a conolaint with the veterans' employment representative at a local State
enployirent service office who will attempt to informally resolve the coaplaiat and then
refer the complaint with a report on tha 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 thareoa as the
facts and circu r tatces warrant consistent with the terms of this contract and the laws
and regulations _?plicable thereto.
i. The Comtr ctor agrees to dace this clause (excluding this paragraph (i)
• bcont_sct dim- -"y under tract.
in any
11. Dtv:ATIONS _
Under the no_c conpelli_c, __rcutistances such as situations where the needs of the
c-o-,e-n:aat canart reasonably be otherwise supplied, where listing of employment openings
1d be contrar-> to national security, or where the requirement of listing would other
• cot be in :.-_ best interests of the Government, a deviation from this subpart may be
▪ subject tc _h.eappro•;a_ of the Secretary of Labor. Requests for any such deviations
• all be' address:_' to the Assistant Regional Director for Manpower, U. 5. Department of
Labor, F`_ployme_t and Training Administration, 555 Griffin Square Building, Griffin and
Yount Streets, Da las, Texas 75202, wherein the contract is to be signed, and shall set
_forth the reaso_s for the request. --
12. D:S'UTES
a. Except as otherwise provided in the contract/subgrant, any dispute concerning a
estioa of fact arising under this contract/subgrant which is not disposed of by agree-
-._..t shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his
=ccision to writing and mail or otherwise furnish a copy thereof to the Contractor/
ertee. The decision of the Pries Sponsor's Contracting Officer shall be final and
unless -withln 30 days from t:e date of receit of serh copy. the Contractor/
ref err ..ails -r rrherwls_ furnishes to the Prime Sponsor's Contracting Officer, a
,2p=_al a 'r_2sed to the Prime Sponsor. The decision of t:ie Pring Sponsor's
Contracting Officer for the determination of such appeals shall be final and conclusive
ems __tervined by a court of competent jurisdiction to have been fraudulent, or capri-
c'_ocs, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not -
•_-ported by substantial evidence. In connection with any appeal proceeding under this
ala,_se, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer
.._.-._c in support of its appeal. Fending final decision of a dispute hereunder, the
1 r
c,_ctor/Subgrantee shall proceed diligently with the performance of the contract/
(:__< ._ ,ad in accordance with the Prime Sponsor's Contracting Officer's decision.
b. "Disputes" clause does not preclude consideration of law questions in
with deli_=ons provided for in paragraph (a) above:
•
31
That nothing in this contract/subgrant shall be construed as mat:Ln.g final the
ny,adninlstrative official, representative, or board on a question of la'
;. SUECI.iR\CTINC
The subcontractor shall obtain written consent of the Prime Sponsor prior to sub-
__tracting any parts of this agreement. The Contracting Officer may, in his decretion,
c=ify 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
._7 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
.inistration of the CETA Program.
15. ORDE2. OF PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
_less otherwise provided, the_eoa,the inconsistencies shall be resolved by giving
_ecedeace in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2)
regulations as approved by the Secretary of Labor (3) Special Clauses (4) IMC 74-7
FMC 74-4 (6) The Coaprehes_.e Manpower Plan as stated in the grant as applicable
_ each __:1e. -
emotions passed by the Co_sc-_iun Executive Board:
Jure 73, 1974-- Each pro3=_a that is approved have an approved wage scale derived
__- a co_Jrehensivu wage stub, conducted in their areas, and au approved Affirmative
-_ion Plan -
J::t_ 17, 1974 - Cret-of-z_ea travel for each prograc not exceed $25 per day.
June 2, 1975 - No contractor exceed 177; for administrative cost and All out -of-
-a tra-.-_i for any program have clearance by the staff.
Seo_e_har 22, 1977 - Allowance of up to 18c per mile for travel. Per diem rates for out
_ to -..m travel be established at a level equal to Federal per diem rates for all non-profit
-:cies_ Governmental agencies shall pay travel expenses consistent with the policies
=roved by the respective governing bodies.
32
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 parlent 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 prise sponsor's Contracting Officer, is given to the contractor.
This request dons 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 a:lluss such costs are specifically authorized in writing
by the prime sponsor's Contracting Officer.
33
At.,__..h1ENT FOR SPECIAL BANK ACCOUNT
The Corpus Christi State School
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and State Treasury State Of Texas
, a banking corporation
located at
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 " Corpus Christi State School Title VI Project
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance
Corporation Act (Act of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be hound 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 even 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.
34
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
State Treasury State of Texas
BANK COLLATERAL required,
estimated maximum bank balance,
FDIC
based upon
(excludi
is
SIGNATURE
DATE
10-1-79
coverage of $40,000,
$
Will be provided as required.
CONTRACTOR USE
TYPE NAME
Warren G. Harding
TITLE
State Treasurer
ADISINISTRATICE LNIT
CONTRACTOR'S NAME
Corpus Christi State School
SIGNATURE
DATE
10-1-79
SIGNATURE
D_AT-
TSPE NAME
TYPE NAME
J.G. Armstrong
TITLE
TITLE
Superintendent
35
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 State Treasury State
of Texas
Name Corpus Christi State School
(Signature) (Signature)
10-1-79 10-1-79
(Date)
Warren G. Hardi
(Type Name) (Type Name)
State Treasurer Superintendent
(Date)
J.G. Armstrong, Ph.D.
(Title) (Title)
36
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.
Les H. Greer, Jr.
Chief Accountant
Corpus Christi State School
2. Will the Accounting System be
directly maintained by you?
Yes n No (If No, who will
maintain the account-
ing system?
3. Are you familiar with the Department
X 1
Yes
No
X
Name and Address
Corpus Christi State School
902 Airport Road, P.O. Box 9297
Corpus Christi, Texas 78x08
of Labor Audit Requirements?
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 `Ianpower Administration.)
Accounting Guidelines for the Corpus Christi State School are listed in the
Commissioner's Rules on Accounting, No. 302.05.02. Copies of source documents
from which financial data is to be taken are sent to the Accounting Control
Coordinator, Institutional Accounting, in Austin Texas for batching into the
computer system. After the closing of each month's business, computer -
produced accounting ledgers, inventory listings, and financial reports are mailed
to the facility.,
The accounting records for the CETA Project will be kept on a set of manual
worksheets prepared by the School's Accounting Department. The funds received
for the CETA Project will be re -appropriated to the Residential Appropriation.
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
James G. Armstrong, Ph.D., Superintendent
Signature
(512) 888-5301
Date of Execution
10-1-79
37
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $ 45.000
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.
38
BONDING REQUIREMENTS
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond covering those persons.
1. The following people are authorized to withdraw funds from the
Texas State Treasury through the Office of the Comptroller of
Public Accounts:
James G. Armstrong, Ph.D., Superintendent
Leo Lowry, Jr., Business Manager
Les H. Greer, Jr., Chief Accountant
2. The Texas Department of Mental Health and Mental Retardation is
insured by Public Employees Blanket Bond No. B94-14-53 of Reliance Insu-
rance Company of Philadelphia. All employees are bonded up to $10,000.00
39
INSURANCE REQUIREMENTS
Copy of workmen's compensation policy
including persons covered or similar
type of insurance for same purpose.
The Workmen's Compensation Policy for State employees is administered
through the Attorney General, State of Texas, Austin, Texas.
The Health Insurance Program for the State of Texas is administered
through the Employees Retirement System, Austin, Texas. The carrier
of the Program is Metropolitan Life Insurance Company, Group Policy
Number 28500.
40
CONTRA NATURE SHEET
CONTRACT NUMBER
MODIFICATION'NUMBER
PROGRAM AGENT: City of Corpus Christi CONTRACTOR: Japanese Art Museum
P.O. Box 9277 462 South Staples
_Corpus Christi, Texas 78405 Corpus Christi, Texas 78401
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Japanese Art Museum , 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 arc subject to the availability clause.
A. CONTRACT PEaron : This contract covers the period U. -ire) from flc ober I 1879 to
September 30. ]980
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
VI
FISCAL YEAR
TOTAL
$ 23,400
FY 80
FY
FY
$ 23,400
Total
$ 23,400
$ 23,400
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)
Jaynes Goldstein, Board Chairman
Name and Title
APPROVED:
DAY of
City Attorney
xH. 'L
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
Summarize incorporated and are made a part of the Program Narrative.
B. Recruitment for position vacancie, 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 he 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.
f
PSE PROGRAM( SUMMARY
2. CONTRACT NUMBER
1. CONTRACTOR LIAISON OFFICIAL
Colonel Floyd Buch
3. TITLE VI
4. CONTRACTOR
DXSTRIBUTION OF' FUNDS AND JOBS
5. TYPE OF 6. AREA
UNIT SERVED
7. POPULATION
8.NO. OF
JOBS
9. FUNDS
Japanese Art Museum
Non -Profit
Organiza-
tion
City of Corpus
Christi
3
$ 23,400
10. TOTAL
3
$ 23,400
11. OTHER ACTIVITIES
12. TOTAL
-3-
-0-
$ 23,400
(1
(2)
--E OCCUPATIONAL SUMMARY
Contractor: Japanese Art Museur
426 South Staples
Corpus Christi, Te, 78401
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(c)
(n)
(E)
Non -Project
Assistant to Curator 3.27 p/h
1
550 1
6
$ 3,300
584(1
6
3,504
Clerk Stenographer 3.16 p/h
1
530(1
6
3,180
555(2
6
3,390
Assistant to Edi;catior�.al Director 3.10 f,/,�
_
5201
6
3,120
555(2
6
3,330
(1 Wage rate from Oct. 1, 1979 thru Dec. 31, 1979
(2 Wage rate from July 1, 1980 thru Sept. 30, 1980
TOTAL
3
---
---
$19,824
FnrNGE BENEFITS
1,215
1. FICA 6.13%
2. Workmen's Compensation
3. Other (Specify) Group Insurance for
533
three (3) employees
4. Other (Specify) Travel
1,306
5. Other (Specify)
522
Sub -total fringe benefits
g 3,576
TOTAL
23,400
-4 -
u a. NhNAll I Lu.N 1' Il I f AII01t . 1 mPluynianl and t r n,l a Aann111111Aullion
S 4 OCCUPATIONAL SUMMARY
2. NAME AND ADDRESS OF CONTRACTOR
Japanese Art Museum
426 South Staples. .
1. TYPE OF PROOIIAM ("X" apyruprlola Du '(rr))
a. 0 II • 0 b. &X VI c. 0 Spacial Govern/
d. (=I 011ie/ (Specl(y)
Corpus Christi, Texas 78401
4: PROGRAM AGENT, EMPLOYING
AGENCY ANO POSITION TITLE
._,,..r-
NO. OF JOBS
COMPARABLE I
WAGE
1 —(C)
ANN.AL Et]
CETA WAGE
,SUPPLE• Il TATION.
' of WAGE/SALARY
FERSONYEARS
OF
€MPLOYMENT
PLANNEO�
(Fl
TOTAL
ANNI,A:.
WAGE
(G)
(El
IAL
(n)
(o)
Sub -Contractor
Japanese Art Museum
. Non -Project Positions
1
1
1
$ 6,804 .
6,570
6,450
0
0
D
1
1
1
$ 6,804
6,570
6,450
Positions Created Prior to 10/01/7n
Assistant to Acting Curator 3.27 p/h
Clerk Typist 3.16 p/h
Positions Created on or After 10/01/79
Assist to the Educational • '3.10 p/h
Director
S. TOTAL m•- v-
3
0
3
'
3-1
' CONTRACTOR'S NAME AND ADDRESS
Japanese Art Museum,
426 South Staples
Corpus Christi, Texas 78401
111.1'11111311•.711 le3• 1•'01(1)11
11np1nYnn'ul and 12.1 10), A thititthlrolItm
CF.T•A PROGRAM PLANNING SUMMARY
b, CONTRACT NUMBER
Foil 11[01077AL OrFI00 USE ONLY
d. TYPO OF PROCnAM
1. DT,tloj) Ci/c 5, DTItie VII
0. GRANT YEAR 2, CI 01112 IID 6. ❑ Admin, Cost
From To 3, D' III. III +ncclty
October 1, 1979 September 30, 1980. n, if3(Tlue vi 7. CD Other
CDNT OACT (((Y 11.00. 0000,
T
0
10
o h
u_ d:6 Fs d
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o c
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t7 SI L' TOIL 1, S't -**-'t:1
I h'ST H00010 h'S (UR UUMPLCTINO SCC f IONS I, II, ANO Ill
Cel, 1: A (Total Cnrollmenl r) Is the ruin of /1,1 and A.3. II (Told) Terminat loos) la the sum of O.I through
• 11.3, C (!'Tanned Lnrollmenll) Es A minut U,
Sea II: F,nIer In floe (n) Fnrollmcnta fn tach pro. ran art vl:y svmuIol(v7ly through lhr grant yrs, anJ In line
(b) Thr number of portfelpanls planned to be enrolled In each program activity at the end of tech
quirts,: parttclp.nts who are comvrrently enrolled In more 7(201 one activity iltould br counted In each
act Ivlly In vdilch they are enrolled,
See, 1111 linter Il,e n;mu1211Y2 number of pnrticlp,dnta In each arymr of to be enrolled drain; the Trait ye:,
Par ticlpa me should Ln counted Irl as many al7niticant ongmenl Troupe a, are applicable.
1. Crno! tLICNT AND TC111.1INATION SUMt,lArlY
C17ANT YCAOI•TO•bATC PLAN
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CONT'RACTOR'S NAME AND ADDRESS
Japanese Art Museum
426 South Staples
Corpus Christi, Texas 78401
IJ %. [,SIA(1TAMCNT Of 1.10120
}:n,pluynrnd end Tralnb:; Aduduhlra(Inn
QIJOOET INrOI MATION SLMMA(OY
October 1, 1979 -September 30, 1980
D, fOlt 11COIONAL OFFICE
125E ONLY
1 z
� a
I' F
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0
ci
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0
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5.
Spp}�}
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MM
(10
YY
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1c
12
17
II
15
16 17 IS
26
21
22
2J
2' 25
26 27
26 22 3n
11, CONTRACT NUMBER
0. TYPE OF PROGRAM.
1. L/ Title II—D&C
2: L_/ Title II -D
3. L_/ Title III -
Specify
4. Lx/ Title VI
5. L/Title VII
6. L-/ Admin. Cost
7. Q Other
E. OUDOET SUMMARY COST CATEOO(11ES
a. (360241 ('00071AM
F1;71C7(ON 011 ACTIVITY
•
1. Adrnlnirtnrtan
2. Allowance,
3. 1'rr;ee
¢qf
it
•�I
1Y,
{
I
4. T,(.-, nen:ru
f52 '.1116(3 12240X7 062(36(3 ruNos
•0-
1 ,1`
5. Tr2..411
6. snvl:c:
7. Toll:
0
21
t, Nnn fedetel
T(i(I r.hi41
tICW Oft tlfVI5CU 01121060
d. rtaral
2 J 2I 26
21
$ 23,400
F. C1011LAT IVE Ot1AOTEEILY PROJECT IONS 00 Of1LIOAT IONS AND EXPENDITURES (for (lunr(nr E,0712yl
l 1
L
2
,471',471'Kl
1
35
4I
5-:
(.7
71
J
T1—
,: 21
22® 24
2:
I 2
p
(1
J 2,
r''+! .L11
2. 1:1
7 :
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C
22 � 2c
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l(
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n
i T
3
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44
53
62
•
26
$
22 2.,
C 2 12.7
23,400
25
z ��....Lama. ,F g �77f
I. rrinw Sponsor 01.11pont
0
.V, Tom`
.i 4(
2i 11
ii •'V
1 2
Q
.,,
< 5,580
26
3 $ 11,700
0
P
l.
.r f,
16
$ 17,550
1Ti:l rrolecled Fxpenlll:.reI by Crograo,
5 5580(
r
3: 11,700
17,550
23 400
1 Cler soon; T,2I:Awl, rr061 Spon:or
,i
44
,
b. on !I,,lnb T12(n),
7: ,(1
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1, :"
1 2
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71
—
1
4
3S
44
53
67
'JI
„ i
•ti I
23,47%—
e. ruble service Employment
'5,580
67 1-1,700
i 1
I7,550
6. work 6.perlt nee
i
y r :.,rili5' 3:SLu:h_J.�.,21�L.
�
71
7 261'1711' tj7 L�.}t��''{�'l'e
• $1:,141
!y
�'
1 2
(1 �
;r 3
izti TyT 7� ��,y�pyy,I
7 PAMrPI
:,• 1
( 1
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4
4
35
44
h3
01
is
16 ,
a rl
1, Serv.ct: to Pu11:Ip,nL
A
—X115.{`
f. 0112,, A.cl:.11t.:
2,
Sr
41
3 s
r,,
• it
j
SS
$ 23.400--
3. ('rclecied 0apeudl:uree lot Vocational 0d.
In.1pccl+l Clrudr to Onvefuo:t
_
4d(,/',,5,)
ons., 5..1 1.1..,1:, /IN) In '�i e 111-0,t,(/701
0 u. a (.I,t rr,_i.,:el r. c„
Q} `
1, .
i
i.
i i(
4
;�
•jl
,',
,.
r, ;
�i
,C'
51ii1�
02
1
$175�0 —
y 5,580
71 7 11,700
OMH APya+M N4 .44-A1693 '
1S_ U:IA:iTM Jv r OP LA 3Q.t
CmNoyrnwt a nd Trainlrq Aal.nl,itrauon
CETA MON i :ILLY SCEiEDULE
, c;U..1mACf m_N ER
t, TYP. Or= PROGNA24 (••X -'o".)
Q II- or it( vi
p;r-iIGrntto00,..,..o.>
-
C. CONTRACTOR'S NAME AND ADDRESS
•
Japanese Art Museum
426 South Stapleso
Corpus Christi,.Texas 78401 __��
._
.
roH H'2GIUn.M.. 0/YICS UaS 6n4e
CONTRACT. Hz"?
i 40 1 i 19
3 -
[
-
}
z
d
a
o0
V V
-
3
0 .
I
0 1 1 18 l 0
1 1 1
l i
i
M
4 5
1
5 7
319
tot LI,12E23F_-:i13:.i`171
la 13j 24
Zt
—1. MOKTT1
ENO O/ MOriT»
112. 540.1=G7L^3
—E�CPPNO1T2/��
- 16Y MONT`1_
1
..
II PANN=CI
JA CRRENT ENROLL:AS:4r
ton-Prniect Jobs 1
�'roisct-,
i 40 1 i 19
3 -
- -.0
$ 1.950 -
1 11 1 7 19
3
0
3.900
1 1 21719
3
0 .
5,580 -
0 1 1 18 l 0
3
0
7,800 -
0! 2 18 1 0
3
0
-
9,750
11,700
0 131810
3
0
0 1 4 18 E0
3
0--
13650
01x1810
3
0 -
•
15,600
0 1 6 18 ,0
3
•
0
17 X50
0 1 7 18 10
3
0
19.500
01812 10
3
0 -
•
21,450
0 1 918 10
0 -
-0
73;400
1 t 1
.
.
__-..•.,-...:.-_-__1 1
.______
• -
_
1 1 1
it
-
-
. 1 1 1
•
_8_
ETA 22023 (Ayl: 1979)-
The
CONTRACT NO.
STANDARDS OF PERFORMANCE
Japanese Art Museum yin 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 tis Corprehensive
Employment and Training Act of 1973 and its amea,)ments 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-
inaf ter referr:rd to es the Act, all fedar.11 regul ,tians 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 the-ein, and dire tin;
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
1;57C-8 (c) (1)) or the Federal l.at r Pollution Control Act (33 b''.0 131'-) (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.
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 bzen duly
authorized.
Japanese Art Museum
Legal Name of Applicant
Signature of Authorized Officer Typed Name & Title of Authorized Officer
426 S. Staples, Corpus Christi, Tx 78401
Address
Jaynes M. Goldston, Chairman
October 1, 1979
Date of Application
-13-
SPECIAL CLAUSES
1. Cft .,S
a. The Price Sponsor's Contracting Officer may, at any tine, without notice to the
sureties, by written order designated or indicated to be a change order, make changes in
n any ona or
the drawings,
within the ,generaloscope specifications; (2)f this tinctheimethod or mannereoffthe perfofrmanceing:
of
(1) work; (3) in
p packing;
the work; (3) in the Government -furnished facilities; (4) method of shipment or pa
or (5) place of delivery.
b. Any other written order or as oral order (which terms as used in this paragraph
(b) shall include direction, instruction, interpretation, or d->rernination) from the
Prima Sponsor's Contracting Officer, which causes any such changes as enumerated in (a)above,
shall he treated as a change order under this clause: Provided, that the Contractor/
Subgraatee gives the Price Sponsor's Contracting Officer written notice stating the date,
circumstances, and the source
of the order and that tha Contractor/Subgrantee reg
s
the .er as a ch:_: 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 ec,:'_table adjustment hereunder.
d. If any
change under tris clause causes an increase or decrease in the Contractor's/
tha performance of any part of the
Sub grantee's cotcf, or the *i:-'- required for,
under this contract, whether o: not changed by any such order, an equitable adjustment
o
shall be made and the contract modified in writing accordingly:
Provided, however, That
(b) above shall be allowed for any costs incurred nore than
no claim for e tna Contge under 20 days before t^= Contrscte'••';:bgrantee gives written notice as therein required,
provided further,- at 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 :.=tractor/SaS-rantee in attempting to comply with such defective speci-
fications.
e. If tha Cantractor/S`-grantee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt ofa ttenten changetorder
under (a) above or the furnishing of a written notice ander (b) above,
Prime Sponsor's Contracting Officer a written statement setting forth the general nature
and monetary exte:t of such claim, unless this period is extended by the Pri) arime e.Sponsoe
The statement of claim derobbsoleteay orbexcessuasdin the the resulttofeaunder change is included in the
the cost r' property
Costractor'sJSubgrantee's claim for adjustment, the Prise 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 shall
finaltal after ant under this ccntract
&.
cailcre to --,.'-e- on t -S terms of aay aquic-_ble ad '=;;trent shall be a dispute
concerning a question oS fact within the meaning of the clause of this contract entitled
"Disputes."
8
h. Nothing in this clause shall excuse the ContractoriSubgrtractifantea r m p roceedin
n
with the contract/subgrant as changed by the Prime Sponsor's
as described in (a) above, or
r ,'-icing, either by (i) issuance of a written charge order Sponsor's scribedting Officer of
(ii) i„uance of a written confirmation by the Prime above, resulting from an
the written notice required of the Contractor/Subgrantee in (b)
oral order by the Price Sponsor's Contracting Officer.
2. t; o::DIscrlrjNATi0N
-14-
the policy of the Executive Branch of the Government that (a) contracto
and au._antractors engaged in the performance of Federal contracts shall not, in
connection with the employment, advancement, or discharge of employees, or in connection
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 persona 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 a;;e (a list riZ such occupations is published at 29 CFR Part 1500, Subpart E).
IL.y eligible and cern ine5 under 17 years of _ Will br. ee loya4 only in accor-
dance with the limitations imposed by 29 CFR Part 1500, Subpart C.
4. EQUAL OP?OSTUUI'CF CLAUSE
During the performance of this contract, the contractor agrees as follows_
(1) The C,:.- actor .;_-_ ciscriminst_✓ against as employe_ or applicant for
employment because of race, color, religion,sex, or national origin_ The contractor
will take affirmative attire ro ensure that applicants are employed, and that employees
are treated derf_-; enploymene without regard to their race, color, religion, sex, or
national origin. Such act -r- shall include, but not be limited to the following:
Employment, upgrading, demo ice,or transfer, recruitment or recruitment advertising;
layoff or termination; rates cf pay other forms of compensation; and selection for train-
ing, including apprenticeship. The contractor agrees to post in conspicuous places,
available to eel loyees and ap?licants 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 oa 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' represaatative of the contractor's co-mitnents 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
moo'_ -b;._ 24, 1965, and of the _alas, regulations, and relevant o_dera of the Secretary.
(5) The ncntrac5_r sill furnish all information ane. 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 accaaunts 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
rof this contract or with any of such rules, regulations, or orders, this contract may be
ccncel.d, terminated or suspended in whole or in part and the contractor way be declared
ineligible for further Government contracts in accordance with procedures authorized in
Exn=utive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
rene:;es invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
rer;riation, or order of the Secretary of Labor, or es otherwise provided by law.
-15-
(7) centractot will include the provisions of para;raphs (1) through (7) in
every .tract or purchase order unless exempted by rules, regulations, or orders ,
the Secr_..ary 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 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 ag, the
eecontractor
ntracttr oamay
trerequest
tethetates_
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 spacial rate provided by specification under Section
nr1(2ofAthe A�n auci s
amended in 1974, or that is applicable to earollees or trainees, Y
applicable to the enroliea or
traialaa 55 recelred 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 reaacnable oppert pity for corrections or improvement of performance and
consultation with the Contr_ctti:g Officer by the training facility for substandard or
unsatisfactory progress or cordact. Termination of trainees or enrollees will be governed
by disciplinary and grievancerrocedures approved by the Contracting Officer or his duly
authorized representative: rrovided, That in training facilities operating under a
collective t bargaining cable ctaloraenro leesgrievance
coveredprocedures
c contract, shall govern.
such
an agreement and applicable �.. trainees
7. TERMINATION
a. The perch:mance of work under the contract/subgrant may be terminated by the
Prime Sponsor in accordance wdth this clause in whole, cr fron time to time in part:
(1) Whanevar 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
heraundar 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 :ray
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 terminain is in the besinteresof thee Prime Contractor/Subgrantee of
Any such termination shall be effected by deliveryto the tdractot of the
`;ot�_-_ of Ter..-Ty4-101, spaclfying whether ter: nation is for R - c Prime Spoasor, the extend to which
(,,:. 'mac:�:_ i �t:ug_a: '_ee or for the convenience of the
perforrt.ce 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 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-
rsicr,s 7: the clause of this contract/subgrant relating to eucVsablede dela rights,the Nnotice 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 tponsor's Contracting Officer, the Contractor/Subgrantee shall:
• -16-
top work under the contract/:subgrant on the data and to the extent specif;
in the ice of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilit
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
Prime Sponsor's Contracting Officer, all of the right, title and interest of the
Contractor/Subgrantee under the orders or subcontracts so terminated in which case the
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 ouch to ninstion of orders and subcontracts, the cost of which would be reimbursable
ia .holo or :in tart, in ._coo:.?ante with the provisions of this contract/subgrant.
(6) Transfer title to the Prime Sponsor (to the extent that title has not .clreec-y
been transferred) and deliver in the manner, at the times, and to the extent directed by
the Prima 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 t. -_' performance of, the work terminated by the Notice of Termination; (ii)
the completed crPartially co -plated plans, drawings, information, and other property which,
if the contract!s_bgrant had 'been 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 roan actured for the performance of this contract/subgrant for the cost of
which the Contrec_or/Subgeartne b -a& been or will be reimbursed under this contract/
subgrant.
(7) Use his best effc_za to sell, in the manner, at the times, to the extent and
et the price or Prices diractad 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 tae ?rine 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 rade by the Prime Sponsor to the Contractor/Subgrantea under this contract/subgrant
or shall otherwise be credited to the price or cost of the stork covered by this contract/
subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct;
(8) Complete performance of such part of the work as shall not have been terminated
by the Notice of Termination; and
(9) Take such action as may be necessary, or as the Prime Sponsor's Contracting
Officer may direct, for the protection and preservation of the property related to this
contract/subgrant which is in the possession of the Contractor/Subgrantee and in which
the Prue Sponsor has or may acquire an interest.
The Contractor/Subgrantee shall proceed imred_i=rn'y with the performance of the
��1 in detern_ini d or adjusting the anon: t of the
:x'o:.v: cSltg'.i-o -.��..}tiestaaring any e- aj n
tee, or nay rte, tf -ce1r-hureable cost, under chis clause. At any tire after expiration
of the plant clearance period, as defined in Subpart 1-S.1 of the Federal Procurement
Fegulatl.Qns (41 CI'R 1-8.1), as the definition nay be amended from time to tine, the
Contractor/Subgrantee may submit to the Price 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 aLthorized by the Prime Sponsor's Contracting Officer, and nay request the Prime
,,asor to remove s,.ch items or enter into a storage agreement covering them_ Not later
them :ifteen (15) days thereafter, the Prime Sponsor will accept such items and remove
they: or anter into �. Provided, That the list subnitte
storage agreement covering the care: on removal of
s ell he subject to verification by the Prime Sponsor's Contracting Officer up
the iteLIs OL, if the items are stored, within forty-five (45) days from the date of sub-
nission of the.list, and any necessary adjusteent to correct the list as submitted shall be
trade prior to final settlement. -17-
c. After receipt of a Notice of Termination, the Contractor/Subgrantee sh nibmi
e' Prim: Sponsor's Contracting Officer his termination claim in the form t th t
ficatiou prescribed by the Prima Sponsor's Contracting Officer. Such clai shall
s.-.....ttted promptly but in no event later than one year from the effective date of tern-
nination, 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 exten
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim witi
in the time allowe,:, the Price Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution o:
this contract/subo ant, determine, on the basis of information a,ailable to him, the as
if any, due to the Contractor/Subgrantee by reason for the termination and shall thereui
pay to the Contractor/Subgrantee the amount so determined.
b d. Subject 'to the provisions of paragraph (c) , and sub
}' the contracting agency'; n occcur_ fact ofto any utiortrevierequired
`reef � o the date of e-r_ecution of this
;.partner/.,ubgra`tl the Cont,ac_or/Subra;tee and the P
rine
of the amount or amounts may agree upon the whole or an
y partamou nts to Sponsor's
paid (inContracting aidt(anclug ngfacer
cluding an
allowance for the fee) to theContractor/Subgrantee by reason of the total or partial
termination of wr_k 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 -ant of the fn__cre of the Contractor's
Contracting Office- to a providedt and the Prime (d), Sponsor's
gree__ whole or in part, as provided ir. paragraph as to
the amounts with respect tc cosand
_ fee, or as to the amount of the fee, to be paid
to the Contractar/Subgra^_te_ in connection with the termination of work pursuant to this
clause, the Pri__ Sponsor's,__.__acting
Officer shall, subject to any review required
by the contracting agency's procedures in effect as of the date of execution of this
contract/subgrsn` , determine
if any, � `- the basis of information available to him the amount,due to t o Cotttract.rlSnbgraptee by reason of the termination and shallto t}
Contractor/Subg_aatee the input determined as follows: pay
(1) If the =ettletaent 'includes cost and fee -
(1)^_re shall be included therein all costs and expenses reimbursable in
accordance with contract/subgrant notrevious7
for the performance of this contract/sub cant y paid to
date
the vendatetof/of
tuhe
Notice
icep
of Termination, and such of these costs as may continuetfor eareasonableitmethereafter
with the approval of or as directed by the Price 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,
_he cost of settling and paying claims arising out of the termination of work under sub-
contracts or orders,
_ �p ers, a s provided
in paragraph (b) (S) above, which are properly charge -
le :o terrconttt:t_d .ortion of the
(iii) There
__act/subg.aa;
There anal ba i; eluded in t» mason able
lac ,. al ,d ^`h - � costs :,r refile=emit, including
-" - expea.es reasonably neceaaar+= for the preparation
of settlement claims and supporting data with respect to the terminated portion of the
contrac-jsubgrant enc for the termination and settlement of subcontracts thereunder,
tczethe.: with reasonable storage, transportation,
and otherd in
with the protection or disposition of termination inventory:costs Provided,rhowever,nThat {if
the tt•r::ination is for default of the Contractor/Subgrantee there shall not be included
rn.y a_ounts for the preparation of the Contractor's/Subgrantee's settlement proposal;
and
(iv) There ;ball be included therein a portio: of the fee payable under the
coatreet/suboran_ c'eternined as follows:
(A) Tr. the event of the termination of this contract/subgrat:t for the
conven:once of the Prim_ Sponsor and rot for the default of the Contractor/Subgrantea,
there ::..all be pale a percentage of the fee equivalent
pie iv,_cn_ to the percentage of the com-
pletion of work contemplated by the contra ct/stpgranC, less fee payments previously made
hereunder; or
-18-
(B) In the event of the termination of this c'ntrect/subgrant for the d t
of the ractor/Supgrantee, the total fee payable shall ba such proportionate part
the fee (or, if this contract/subgrant calls for articles of different types, of such part
of the fee as is reasonably allocable to the type of article under consideration) as 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 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 teat, if the Contractor/
Subgrantee has failed to submit hn_s claim within the tire provider. !n paragraph (c) above
and has failed to request extension o such time, he shall have no such right of appeal.
In any case where the Prima Sponsor's Contracting Officer has rade a determination of the
amount due under paragraph (c) er (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 Prima Sponsor's Contracting Officer,
or (2) if an appeal has been taken; the amount finally determined on such appeal.
g. In arri =ng at the anoezt due the Contractor/Subgrantee under this clause there
shall be deducted (1) all t__ noidated advance or other payments theretofore made to the
Contractor/Subgrantee, app_ -cable to the terminated portion of this contract/subgrant, (2)
any claim which the Prime Saoneor ray have against the Contractor/Subgrantee in connection
with this contract/subgrant, (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 _.,e work under the continued portion of the contract/subgrant shall be
equitably adjusted by agreement between the Contractor/Subgrantee and the Prine_Sponsor's
Contracting 02ficer, and such adjustmeat shall be evidenced by an amendment to this
contract/subgrant.
i. The Prima Sponsor nay from time to tine, under such terms and conditions as it
nay prescribe, rake partial payments and payments on account against costs incurred by
the Contractor/Subgrantee in connection with the tern nated portion of the contract/
subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate
of such poyments shall be within the amount to which the Contractor/Subgrantee will be
titisd
hereunder. If the total of such payments is in excess of the amount finally
to be z.leai_r th:a chase such e.(cess shall he pa,aile by the Contractor/
.>ub. __ co :he _✓____ Sp._ -aper .pon demand c•egetn__ interest computed at the rate
of
6 percear per annum, for the period from the date such excess paynent is received by the
Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor:
Provide?, i-oweva_r, That no interest shall be charged with respect to any such excess
payeest attributable to a reduction in the Contractor's/Subtrantee'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 sh-311 be inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. T 2r1TSATION FOR CO_IVENIENCE
-19-
orovLulons set forth in this clause 9b shall Fns:,n in lieu of clause 9a s}
this -act/subgraat be for experimental developmental or research work and the
Contra_..or/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 Price Sponsor whenever for any reason the Prime
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.
d
b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel
.._s outstanding commitments hereunder covering the procurerent of materials, supplies,
equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise
alt reasonable dtligeume to acronolish the cancellation or diversion of his outLtanding
cum a_�._ats covering -�n
3oal :_ vices aril beyondth data of ,much t__r-�.iratio:
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 appro7a1 or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, rhich approval or ratification shall be final for all purposea of this
clause, end (2) _sign to?rima Sponsor, in the manner at the time, and to the extent
directed by the Prima Sponsor's Contracting Officer, all of the right, title, and inter-
est of the Contractor/Subg-an=^e under the orders and subcontracts so terminated, in _
which case the ?__me Sponsor shall have the right, in its discretion, to settle or pay
any or all claim -3 arising OLE ar the termination of such orders and subcontracts.
c. The Co-tractor/Subgrantee shall submit his termination claim: to the Prime
Sponsor's Contr?cting Office_ promptly after receipt of a Notice of Termination, but in
no event later •_-an one yaar from the effective date thereof, unless one or more exten-
sions in writii^ are granted by the Prime Sponsor's Contracting Officer upon written
request of the C.,_tractor/S-Zbsrantee within such one-year period or authorized extension
thereof. Upon failure of theCortractor/Subgrantee 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 ALL0+7AT3LE COST, FIXED FEE, AND PAYMENT Clause of this contract)
subgrant.
S_bjert to .he profisio:s o paragraph (c) above, and subiect to any review requil
?rime Spun' or contracting _ ::y's procedures in effect as of the date of executio
o2 this coctract/scbgrant thaContractor/Subgrantee and the ?rime Sponsor's Contracting
Officer ray 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
Subgra:tee and any reasonable loss upon outstanding commitments for personal services
which he is unable to cancel: Provided, however, That in connection with any outstanding
rcormitcents for personal services which the Contractor/Subgrantee is unable to cancel, the
Ccnt-acter/Subgrantee shall have exercised reasonable diligence to divert such commitments
to his other activities and operations. Any such agreement shall be embodied in an
arar.c_cent to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
a
-20-
f. Prime Sponsor may
rom
time tine, under
terns and
conditions
my pr, e, make partial paymentagainstcostsincurred by the Contractor/Subgrant,e
Sponsor's Officer, the aggregate of such payments i.
in coa.s__,on with the terminated portion of this contr..tJs.ibgrant whenever, n the
within he the Prima whicContracting
within the amount to which the Contractor/Subgrantee will bo entitled detereinedrto be due
totel of such payments is in excess of the apayable finally agreed
to the
ander this clause, such excess shall be pay< F
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 SpDeman at
the rate of 6 percent per annum, beginning 30 days from tha date of such demand.
g. ime
The Contractor/Subgrantee agrees to transfer title to therPriee by tser 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/
subgtant had been completed, would have been required to be furnished
itos,the
endinformation
Sponsor, including: (1) Completed or partially completed` plans, in connection with the
,
and (2) Material; o-. equipment produced or in process o:terminationthe
i by the notice. Other than the above, any
1.,__o_m,.." o, the t;or'� terminated , _�- may, with the wrltt�n
invento:y resulting from the termination of the contra-�; an= Contractor/
approval of the ?rime Sponsor's Contracting Officer, be sold or acebythathe ibe by the
Subgrantee undo the conditions prescribed by and at a price or pricesapproved
Prime Sponsor's Contracting Officer. The Proceeds ofeany1suc dispoonsor sition
neshall
beton/
e
pts to be made by
applied ins endam:hi of any m:/a be credited to the price or
this r--- Prime
S�bgrzn`ee wade' _ tact='-==r'_og=ant or shall otherwise manse: as the cost of work co• -e -ed by thison:Tact/subgrant orpaidin such other e Prime
Sponsor's er inati-ng
Officerlay direct. rendingfinal disposition of property
ng
from the termination, the Coe.:--Ler/Subgrantee agrees to take such action as protection
the be
e Sno_scr's Contracting Officer may direct, for the p
necessary,p at amPrime .
and preservaticr of the p"^?ter=; related to this contract/sub grant which is in the
possession of the-Contractot./S 'rantee and inwhich the Prime Sponsor has or may acquire
an interest.
9. CONSTRUCTIG1. ._?D bUILDIN; _=_L\BILITATION
The subconzreetor shall act expend Federal funds for construction and building
rehabilitation without priorapproval of the Prime Sponsor's Contracting Officer. Any
projects approved by the Department of Labor and the Prime
SpSponsoresor shall betadadmtion_ered
under the guidelines of h-102 and parts of Paragraph IV, e p_
rocurezeat.
13. LIS'_PTG OF EtPL0YME T OPENINGS
(This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $2,500
a: mere.) to t emoloym,.t o=
enpti,ais he
Ccn_. -car agrees, in order to preside spacial all suitable employment
that
- ab__.�; va�t2razs and veterans of tine vintner,: era, � t and
`•monomer
�_s et the mice of the erecutien of this
s
g
e
those ^contract andring the includingerformance of those occurring1atcanLestablishmentpothersthantthenoneted
t, thisindependently
vherein tha contract is being performed but excluding thosep of
iate local office operatedof the
corporate affiliates, shall be offered for listing provide such reports
State e_�ioai of service system wmploymenn the openings candcurs hiresnastmay be required:
tc vice local office s contrac employment it with a
r ?ro1'idc:-, That if thin contract is for
araless
ra lha(c>1CL'00d (d)r<le not required�te or local
_ the reports set forth in p 6 p s
g, �- .rr �e ''
} Listing of employment openings with the employment service system pursuant to this
service
ether recruitment
clause scall be mode at least concurrer.il}' with the use of any
or effort and 9ha11 involve the norccal obligations %'hick attach to the placing tof a bona
:fee jat order, including the acceptance ofreferralsof veterans and nonveterans.
This li ;'of employment openings does not require the hiring of any particular job
appllc. : from any particular group oC job applicants, an, nothing herein is inter
to retie... the Contractor from auy requirements in any statutes, Executive orders, oi
regulations regarding nondiscrimination in employuent.
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 time 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 w:.erein 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 shell be made available, upon request, for examination by any authorized represent-
e:ives of the Contracting Officer or the Secretary of Labor.
d. Whenever the Contractor becomes contractually bound by the lintiag 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 mo need to advise the State system of subsequent contracts.
. C=tractor =ay advise „be State system when it is no longer hound by this contract
Clause.
e. This clause does not acoly to the listing of employment openings which occur and
are filed outside of tha 50 rtes, the District of Columbia, the Commonwealth of Puerto
Mico, Guam, and Virgin Islands.
f. This clecue does not apply ro openings which the Contractor proposes to fill from
within his own organization or to fill pursuant to a customary and traditional employer-
union + apply to a particular opening once
union hiring arrangement. This exclusion does not 1
an employer decides to consider applicants outside of his own organization or employer-
union arrangeme_r_ for that opening.
g. As used in this clause: (1) "Ali suitable employment openings" includes, but is
not limited to, openings which occur in tha following job categories: Production and
xinproduc`ion• 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 $13,000 per year. The term includes full-time employment,
temporary employment of more than 3 days' duration, and part-time employment. It dons
:got include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a cuatonary and traditional employer-union hiring arrangement.
(^) r-?ria`e o:`_`i-ce of t s Sc='e cc•plo• neat service system." dans the local office
s
- with assigned responsi-
t'..
,f-_gyral-Flamm national J- ..am of public e: nioy:. offic_:. 2n� .
c,zlity for serving tb area of the establishment where the employment opening in 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 or,_.rization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates,-sdb--
sidia.rtes, 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 t * to fill pursuant to a customary and traditional employer-
cnion hiring arrangement" means employment openings for which no consideration will be
giv<_n to persons outside of a special hiring arrangement, including openings which tha
Contractor proposes to fill from union halls, which is part of the customary and tradi-
tion.l hiring relationship which exists hetc.een the Contractor and representatives of his
employees.
-22-
(5) -,bled veteran" means a person entitled to d"isabilit, compensation under laws
admin ,d by the Veterans Ldcinlotration for a disability rated at 30 percentum re,
or a p ,a whose discharge or release from active duty was or a disability incurr
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 core 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 perforr"ed after August 5, 1964,
and (8) who was so discharged or released within the 48 months preceding his application
for employment covered by this clause.
h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comp:y 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 tha attempt to resolve the matter to the State office
of t:: -a Veterans' .._ploy: antJ_rvic_ of the D.__.irtcent of Labor. Such complaintshall then
be promptly referred through 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 t.___aco.
i. The Co-_- ctor agrees to place this clause (excluding this paragraph (i) in any
subcontract direc_ly under _.._s caatract.
11. DEVTA_TIOhS
Under the mc:: coapell-_; a_rcunstances such as situations where the needs of the
Government Gannet reasonably be otherwise supplied, where listing of employment openings
would be contra r, to national s_._rity, or where the requirement of listing would other-
wise not be in tile
best int-zee:3 of the Government, a deviation from this subpart may be
made, acbject tcthe approval of the Secretary of Labor. Requests for any such deviations
shall be aderesseC to the Assistant Regional Director for Manpower, U. S. Department of
Labor, L-ployme�_ and Training Administration, 555 Griffin Square Building, Griffin and
Young Streets, Da:las, Texas 75202, wherein the contract is to be signed, and shall set
forth tha reasons for the request.
12. DISPUTES
a. yxcept 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 Prime Sponsor's Contracting Officer, who shall reduce his
recision to writing and nail or otherwise furnish a copy thereof to the Contractor/
Sub^_r_:tee. The decision of the Prime Sponsor's Contracting Officer shall be final and
vales -3 ,_chi., 30 days
from the date of receir.. t of such copy, the Contractor/
:b;ra-:"_=_ rails ctherwise furnishes to the Prime Sponsor's Contracting Officer,
appeal -____,.sed to Ibe Prime Sponsor. The decision of the Prima Sponsor's
Contracting Officer for the determination of such appeals shall be final and conclusive
unless d_termined 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 •
s+_'pporzed 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
11: support of its appeal. Pending final decision of a dispute hereunder, the
CcnLr_ctcr/Subgrantee shall proceed diligently with the performance of the contract/
scbg,rr:t and in accordance with the Prime Sponsor':: Contracting Officer's decision.
I. This "Disputes" clause does not preclude consideration of law questions in
connection with decisions provided for in paragraph (a) above:
-23-
rrovined, ihat nothing in this coutraLt/subgrant shall be construed as makCng final the
declsi, ,f .any administrative official, representative, or board on a question of
13. SU_ LP.ACTING
The subcontractor shall obtain written consent of the Priree 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 ir-aediate _lotice in 'writing of
any actions or suits filed and prompt notices of any claims made against the Prime
Spoasor, the subcontractor, or any of the parties involved in the implementation and
ad_inistrztion of the CETA Program.
15. 0?1]-1:: OF PP OE DE C
In the event there are inconsistencies or conflicts in the grant and/or contract,
unless otherwise provided, they-ean,the inconsistencies shall be resolved by giving
precedence in the following order.: (1) The Act (Public Law 93-203, 87 Stat. 839) (2)
The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FMC 74-7
(5) FMC 74-4 (6) The Corp_e ensive Nanpoc:er Plan as stated in the grant as applicable
to each title.
16. lotions passed sy the Co_scrtiva Executive Board:
June 13, 1974 -- Each program: that is approved have an approved wage scale derived
from a comprehensive wage stud; conducted in their areas, and an approved Affirmative
-_tion Pian. .
June 17, 1974 - Out -of -area travel for each program not exceed $25 per day.
June 2, 1975 - No contractor exceed i7% for administrative cost and Ail out -of -
area travel for nay program have clearance by the staff.
September 22, 1977 - Allowance of up to 18C per mile for travel. Per diem rates for out
of 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
approved 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 nriL1 1,pou..,or's Contrnctin
Officer, i; 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 ouch costs are specifically authorized in writing
by the prime sponsor's Contracting Officer.
-25-
AGREEMENT FOR SPECIAL BANK ACCOUNT
The Japanese Art Museum
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and
Corpus Christi National Rank
located at 502 N. Water, Corpus Christi, Tx
, a banking corporation
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 Proyr,im , ..gat a:n:,uats advan d to
C.-12 Contractor by the Pro;_:m Agent :.haid he den,itni in t.. accnont estrSli::hed
at the Bank, designated.as the " Japanese Art Museum - Title Vf EFTA
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 he executed as of the last day of signing set forth below.
-27-
g
BANK USE
BANK COLLATERAL
BANK NAME
Corpus Christi 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
James R. McCown
TITLE
Vice President & Auditor
ADMINISTRATIVE UNIT
CONTRACTOR'S NAME
Japanese Art Museum
SIGNATURE
DATE
SIGNATURE
DATE
10-1-79
TYPE NAME
TYPE NAME
James M. Goldston
TITLE
TITLE
Chairman, Board of Trustees
-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 hank with FDIC insurance coverage _.d the hi1aacas e;-ce>diag the FD17,
coverage must be collaterally secure, as provided for in 12 U.S.C. 265.
Bank Name Corpus Christi National Baulk Name Japanese Art Museum
(Signature) (Signature)
October 1, 1979 October 1, 1979
(Date) (Date)
James R McCown James M. Goldston
(Type Name) (Type Name)
Vice President & Auditor Chairman, Board of Trustees
(Title) (Title)
_28_
CERf1FICATION 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
or designated.
Donald R. Deis, Jr.
Treasurer
Japanese Art Museum
2. Will the Accounting System be
directly maintained by you?
'XJ
.`.(, (if No, 5,113 WLR"1
�--' maintain the account-
ing system?
Name and Address
3. Are you familiar with the Department of Labor Audit Requirements?
Yes
x__I
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.)
Manual Accrual Accounting Systems utilizing the following:
1) Cash Disbursements Journal
2) Cash Receipts Journal
3) Asset/Liability Ledgers
4) Payroll Registers
Entries will be recorded as they are received in the Museum. Monthly income
and expense figures will he transferred to the Asset/Liability Ledger at the
end of each month by the Treasurer. All income and expenses will be reported
to the Board of Trustees for approval.
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
Donald R. Deis, Treasurer
Telephone No. and Area Code
(512) 992-9894
Signature
Date of Execution
October 1, 1979
-29-
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $1,950
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 tha 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.
James M. Goldston
Donald R. Deis
James R. McCown
-31-
9
INSURANCE REQUIREMENTS
Copy of workmen's compensation policy
including persons covered or similar
type of insurance for same purpose.
-32-