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HomeMy WebLinkAbout15191 ORD - 10/24/1979vp:10/22b79•:1st „. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT BETWEEN THE CITY AND THE COASTAL BEND CONSORTIUM FOR ADMINISTRATION OF COMPREHENSIVE EMPLOYMENT AND TRAINING PROGRAMS DURING FISCAL YEAR 1980, AND TO`EXECUTE ALL OTHER RELATED DOCU- MENTS NECESSARY IN THE ADMINISTRATION OF THE PROGRAMS, ALL,AS MORE FULLY DESCRIBED IN THE ATTACHMENT, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized 'to execute on behalf of the City of Corpus Christi, a contract between the City and the Coastal Bend Consortium for administration of comprehensive employment and training programs during fiscal year 1980, and to execute all other related documents necessary in the administration of the programs, all as more fully described in the attachment, marked Exhibit A. SECTION 2. That the necessity to authorize execution of the afore- said contract and all other related documents necessary in the administration of the.programs hereinabove described creates a public emergency and an fmpera- tive 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 that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ATTEST: "City"Secretary .02/1.31 day of October, 1979. APPROVED: 23ro1 DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY iy. . Atto6 151:1.;x. ITY OF CORPUS CHRISTI, TEXAS MICROFILMED AUG 4 Q ►xQa ^,',_2IE �., PONSOR: • . Coastal Bend Consortium . P. 0. Box 9277 Corpus. Christi, Texas 78408 CONTRACTOR: City of orpus Christi CETA Administration P. 0. Box 9277 Corpus Christi, Texas 78408 his contract is entered into by the Administrative Unit of the Coastal Bend Consortium, ereinafter referred to as Prime Sponsor and EFTA Adminirtratinn hereinafter • eferred to as Contractor_ he Contractor agrees to operate CETA Employment and Training Program in accordance with the rovisions of this agreement_ This contract consists of 29 pages, including this page, and uch other provisions and documents as are included herein_ he Contractor hereby agrees that he has read this Contract and will abide by all terms specif erein and also certifies that the information in this Contract is correct to the best of his nowledge and belief and this Contract has been fully authorized- Funds hereby being obligate re subject to the availability clause_ CONTRACT PERIOD: This contract covers the period (date) from October 1, 1979 to' September 30. 1930 - IIDDIFICATION: This action increases decreases_ does not change _ the Prime Sponsor obligation for this contract by (this action) $ to (nets level) $ OBLIGATION: TITLE ADMINISTRATION FISCAL YEAR TOTAL 1621,563 FY 1980 • —S621,563 FY {FY 1 i Total $621,563 $621,563 PPROVED FOR THE PRIME SPONSOR Y: DAY OF R. Marvin Townsend. City Manager PPROVED: DAY OF [rector of Finance [TEST: Secretary (Prime Sponsor Use.Only) APPROVED FOR TEE CONTRACTO BY: DAY OF (Signature) R. Marvin Townsend, City.Ma Name and Title - APPROC'ED: • DAY OF City Attorney APPROVED BY THE COASTAL EEFO CONSORTIUN EXEC TILE CQ L'UTTEE ON 79- _(Sign. re 1 14 1. 0 0 • 0 2 3 BUDGET INFORMATION SUMMARY CONTRACT KEY .1 tsi az d 4 5 6 5 9 20 11 12 13 14 15 16 17 15 19 20 21 22 moo, DATE MIA 0 0 'y 23 24 351i27 26129 .6.3) City of Corpus Christi CETA Administration P. 0. Box 9277 .Corpus Christi, Texas 78408. C. TYPE OF PROGRAM ("X" 0. • II .0,C 0 VI O 11.0 OVii O in (XI Other o IV , s. I GRANT PROGRAM tsTimivrgorgperwm.ursIpplENDED F,uNpt.r • -• -• ----•••-- I.„ NEW ill. TIMPED FgpERALAyogEr _ . ,.4. FUNCTION OR ACTIVITY b. Tolol 1• .s. YETP In•Scnool. _ Jc1. To)s) :1 re. YETP in•School 1 r. TOTAI ntakfl, ...771, ' 71'.9' vn. r t P 't 2 2 21.i.' 1 3 • • c'.• ttlji (- 1. AdmIntstratIon ,4,,, MIX) i . •ci . (3 ;• 25. '621 563 ' • • •-• ' , e , ..---. si 4 • , ..f.,, / 2. Mo,yances -., . I 1 1 i',07: • • g •,... ic• ;7, 35 - !' t. . . • • 1. Prim' Sponsor ObiloatiOnl ! ' ' • " 44 3 5 12 ik kir /I '\ 6 NNW 1 0 2 3 1 6 26 . UM , • Wril 621 563 a 6 16 35 2. rot31 ProJ141011 Expenditures by PC011/4111. 4. FrInce Benefits 1 ' • •• 53 c 1, ClanrODT Training, Primo Sponsor • ' 62 .1". • '' 5. Yrork Site Supervision . ii. 1 44 iltilk. b. On.the•Job Training 6 1 53 .i,i( • 1,16.' • ,t7 6, TrelnIn9 • k 4,4.. ,fr I . y.... V ' ,t'S:,, , '." ' i . 0 14 26 62 ' 1. . 7. Service: ,4„f qk ck '.. to i ( 6 •,4 4A/ t, JAI! . . . • 26 1.7t7r7Z it 6 3 1151 ' ft 8. tolyls 1_1 .21 3 25...1 n._.J : :.41___I • 621,563 53 • • • • a .1 •• • .. . , .- -.. F. CUMULATIVE QUARTERLY PFIOJECTIONS OF OBLIOATION*' AND. EXPENDITURES (For Quarter Sodlo4) . ' • • ' . ,.4. , 21 moo 23 / '''1 -..11 22 1131103.111111111 t'. 21 2 2 24 25 21 25 1 , ,-,2 2 . • O. • • •-• ' , e , ..---. 0 2 • • . 0 6 filmilla p 1-1 NE gli • . . • • 1. Prim' Sponsor ObiloatiOnl ! ' ' • " 1 2 3 5 12 '\ 6 NNW 1 0 2 3 1 6 26 . UM , • Wril 621 563 a 6 16 35 2. rot31 ProJ141011 Expenditures by PC011/4111. TT 0.1 ;7„ ., ' • 35' 23. 1, ClanrODT Training, Primo Sponsor 11 . • L 4 .Y.if 0 44 44 t......._ , 'dir 1 44 b. On.the•Job Training , ' 53 ' 62 1 53 .i,i( • 1,16.' • 5 -Pre c. (1) PSE • Nonrol. (flot/Frintra 4 P' t .1.' 6 26 • 62 kit ' 62 I 121 PSC • Projects (Waret/FrIntet) 71 6 14 . . • 71 8 26 . 0 6 71 2C ' (3) PSE • Trsinine/Sve•Wc1-•c(1) st al/ , d. Work Experience 1 1 ..c, : ' ' I . ' •• SE 4 .1 • 45 33 ' 0. Services lo Pirticipints 1 ' • 41'12'1' r1 44 1. Other ActIv(liel 1, ': t . , 57 •'5- 3' 4,4 . '''' 953 ' 2. .C3recr Employment Experience 1 • A 2 1 , . 6.. 62 • h. Tr....citron services \ ' 71 r c. 71 I. Vocational ['coloration Procriml 0 7 26 0 7 / 7 11 I. Enlilloment 1 . , 111 35 i 40435 1, 35 • • 35 3. Proiected Expenditures of Non•Fid. Funds( 44 • 44 44 44 4s, Upprair19'.1 . ‘ 53 . . j 53 ' , • 53 • 53 ,b. NitalnIng I I `ri , ,J. 6i . , j ,• .,) 62 I. . ' 2 ETA 5145 (Apr. 1971 •CETA Administration SUPPLEMENT TO THE CETA — PPS/BIS ADMIN. ..,.._ur i[:LAVALUSLJ KLENNED -TO S= SERVED, PROCR M YEAR TO DATE. II_ NUMBER OF INDIVIDUALS PL!J NED TO BE ENROLLED AT END ()PEACE(' MONTHEtiDLTtCRES III_ CDMUCATIVE PROS. Bf ] TO3ER 1979 N/A $ 51 797 EY3ED 1979 N/A ' . 103.594 c_t3ER 1979 N/A • 155,391 :.-C,'µ • 1980 N/A - 207,188 3 RUARY• 19Pn fl/A - - 258,985. • ?Ca 1980 N/A 310,782 :IC. 1980 N/A 362,579 • •414,376 1980 N/A 1980 - N/A 466,173 - - .Y _ 1980 N/A 517,970 :UST- 1980 N/A - 569,767 'TE25ER 1980 N(A $621,563 { TRUC__ONS 1_ Eater the total planned au`ber of individuals who are planned to be served cumulativ each month. Only individuals who have been declared eligible for and are receiving services, training, or employment should be counted_ The number in December, March,. June and September should agree with the entries in Part IA of the PPS_ Erter the total planned number of individuals who will be in the prop as covered by this PPS on the last day of each month. Only individuals who have been declared eligible for and are receiving services, training, or employment should be counted_ The nurb er in December, March, June and September should agree c•ith the entries is Part IC of the PPS_ [II. Enter the planned accrued expenditures of funds cumulative by•month_ The totals is December, larch, June and September should agree with the entries in Part, F of the BIS_ - -3 BUDGET SUMMARY SHEET Title IIB Name of Contractor: CETA Administration Fiscal Year 1980 Contract No. /`g-Sb`fl Modification No. --- Service or Activity: Administration Cost Category 1.- Administration 1. .ces 2. Wages 3. Fringe Benefits 4. Training 5. Work Site Supervision 6. Services TOTAL APPROVED BUDGET REVISED BUDGET . CHANGES BUDGET {t or —) $ 621,563 $ $ $ $ $ $ $ $ $671,563 $ 4 1: ADMINISTRATION . APPROVED BUDGET REVISED BUDGET CHANGES BUDGET (+ or -) A. Staff Salaries $ 288,745 $ $ B. Fringe Benefits (Staff): FICA 6.13% 17,700 Workmen's Compensation 4,190 Unemployment Insurance Health & Life Insurance $410.55 x 19 7,800 Retirement Benefits 22,175 Other (Specify) Other (Specify) C. Travel (in Consortium) car allowance 4,500 D. Travel Expenses (out of Consortium) 6,704 Membership and Training E. Staff Training F. Bonding $ 0 G. Rent $ Office Space H. Utilities $ 21,838 I. Custodial Services J. Telephone 5,400 K. Postage 2,000 L. Reproduction Costs 0 M. Office Supplies 4,500 N. Major Equipment (attach list) 10,850 0. Minor Equipment (attach list) 840 P. Equipment Maintenance 500 Q. Publications 800 R. Accounting System 61,742 S. Management Information System (explain) 20,000 T. Program Evaluation (explain) 0 5 U. Indirect Costs V. Other (specify) - Audit Costs W. Other (specify) - Fuel and Lubricants X. Other (specify) - Vehicle Repair Y.. Other (specify) - Xerox Z. Other (specify) - Parking APPROVED BUDGET REVISED BUDGET CHANGES BUDGET (-I- or -) $ 30,161 101,833 665 400 4,500 3,420 Subtotal $ 621,563 $ $ This space provided for comment?; on any of above items: C. 9 staff x 134 miles x 8 mos. at 154 per mile D. See Attachment (also includes $1,000 for operational travel) N. 2 sedans, $5,000 each = $ 10,000 1 -typewriter $850 850 $ 10,850 0. Minor office equipment, less than $200 (calcul'ators, conference chairs, other equipment R. 3.5 staff, and fringe benefits S. Data Processing system V. 1% of total grant W. 700 miles : 12 mpg x .95¢ pg x 6 mos. x 2 vehicles Z. $15 x 19 staff x 12 mos. 6 DEPARTMENT Planning & Urban Development 1. DESTINATION, ESTI- MATED DATE, AND SPONSORING AGENCY Washington, D.C. Nat '1.League of Cities Dallas/D.O.L. August September October January March May June Austin/SMSC September April San Antonio/State Hanpower Office February June September 2. NAME'AND. POSITION Staff TRAVEL REQUEST CODE 352 • STD FORM 29 • 3. y , • u. of N 0 F G. L 1 Juan Bosquez•• Rodolfo Cantu David Boyd • Juan Bosquez ' Rita Cofas JoAnn Dominguei ;:.• Edward Vela Juan Bosquez . David Boyd Juan Bosquez David Boyd Michael Harty '• 10. MEMBERSHIPS - ASSOCIATION J.S. Conference of Mayors • :mployment and Training Advisory • :ounci 1 ••50• ACTIVITY CETA Administration . ,'ACTIVITY' N0 '"XO641 ,.. ' ESTIMATED COST :::�• 4. N. rz 34'' :?34'.;•• 26 34*. ";26 34. : 26. 26 • • 26 ,: •:14 14 :• i O 180, 80'' 80 ;; 80 • ;,. 60 r 80 •. 60': • 60' • 60, 6. 1., b0 u O N 1A •.1 x•.+,- • 60 ;Conferences scheduled 'by USCii on ::;'- :information &•techniques on CETA programs' i; ry�. Department' :of •Laborrconducted vrorkshop :for emp1oyment•and training program;.: ..operators,oh`.•federal -regulations • 11, NAME AND POSITION CETA Administration '=;Cjty:o Corpus Christi' 20:1•.: • 20• : 1. Pri- ority 2 2. 3 :::.Ad.5q !i},1 F.A q=',4503 506 514 . . TOTALS 1. • 1.(.4,.:3'r,,C:11%14•4ti,- • 0 850 n A cl DEPARTMENT Planning & Urban Development POSITION TITLE AND EMPLOYEE NAME CETA Analyst II Vacant CETA Analyst ,I II Rita Cofas •."'- Admin. Asst. I Judy Rodriguez CETA Analyst I Walter K. Moore • CETA Analyst I Lionel Levrier Sr. Clerk Steno II • Susan Risley Sr. Clerk Steno I Sylvia Sutton' Sr. Clerk Steno I. Oiamentina Martinez 2. GRADE AND STEP 231\2 2312 18A1 18A1 16A 14A 148 3. DATE EMPLOYED CURRENT JOB-.. CLASSIFI— CATION ' 10-1-79 •••'•• 10-1.79f • 6-4-79: 7-9-79 •` . 7-9-79 • 5-22-79 8-17-79 SALARY ;DETAIL : • ',STD FORM 26A. 4, PAY INCREASES DATE ', MOST: RECENT. , DATE(S) ANTICI=:• .. PATED'ts'. • •-ACTIVITY CETA Administration "ACTIVITY N0; "8641''::.• —• ..•.. YEARS SERVICE •'''•'•:SALARY°CALCULATIONS ; FIRST RATEq•':' F 'PAY: PERIODS CDIP;r? 44 WEE KL]: 'RATE'•' SECOND 'RATE =• 1PAY,: `,•'` PERIODS WEEKLY RATE' %' a:TOTAL' I?'ANNUAL SALARY, r: • 125-79 6-6-80 .: '7-11-80' 1-10-80 7-11-80 11-23-79 52480 2-18-80 409? 9 429';7 429; 451'' 409: 429 •• 371' �ti16't l• 13,663 -' 11;104 ::• 10:734., •9,466 8, - 01 DEPARTMENT Planning and ,Urban Development SALARY DETAIL • ..STD FORM 26A 1.. POSITION TITLE • AND EMPLOYEE NAME • 2, GRADE AND STEP 3. DATE EMPLOYED . CURRENT :: JOB ' *. • CLASSIFI- CATION• . 4. PAY INCREASES • 5. • 6. . ... DETAIL ,:.;...,:;, SALARY CALCULATIONS • _ . v..'.`, ..: :,-..',:: - • : , ••••• " ' "•• • 7 , : ., : .., .:.!!.!•,..:• • ' . 8. .• ,, • .' ;A: :,•,:....c • •:'•:••• ri•A'''• 1,.. ':•- -1}.-i . ,.....- 9, .P',fr. , '.•,•', * Ho c•) % ‘. •Cfn • Uar41 ..- '' -' DATE "..:•.• Or. ... .,' MOST RECENT . • • - .: • :: DATE (S ) ANTICI • PATED ', • '• .•% .cri: ' 4• 't .' ••'-•:'2:- , YEARS : ,:: OF . ' FIRST RATE ' ••••• SECOND RATE •• .•:',f, .•,,:-'2 TOTAL SERVICE : • • : •: : ' ' • ':• N0,:. : PAY •‘:1'" PERIODS ..BIzi,-,:. WEE 4t •••• RATE .', NO.", ,-',-: I PAY i::. PERIODS BI 7 A., , WEEKLY •• RATE ' , A ANNUAL •..•1•.SALARI . ,..•••••• .•,'•''' CETA Di rector Juan M. Bosquez 34C • , 12-6-71'-' ' - :, • . - , 12-4-78 , . • , • ., .: : ---- . -1%, : ... , ;: :....,.. .:: • . • 8. ' - , ,,1 .,-,'.., . . 26 j'•'• :',;,t-4,. 41! .1:-0336% :7,wW:. .vii -:-..:--:.:!' Yt",7..: .,:' ,...v:---%, %,:!:::. -,.... ' .-• ' . 26,936 • • • •-•,-••-• • '-, :-..'- :: CETA Planner • David S. Boyd . • 298 .....1., Ai' '• •• : • -.,,..-..r.,. 3=13;75 '.-....?: '':%%.:. =:. '. ••;:::,:.1:-,••••• 21477, .:1.!L46: -..,! ..v.,:; F• , ••: (.1: 8:1-80 'it,' •!.:7' ' ;:,..)1.:,.. .; • '1 .-... .::1"1,*iT,: ,•::::, :::.,;..:•:• .:.: 22 :,.. . 7,..7:-: ,.,: i ....1:•:..:::(:, . 22 %-' ',..'7, 'i -f !' ;',•;.,•:,-.? t 7,:'-f,773s: :,;ctN ',..... ,-:' 701 ' - 4:- 3,. '., 44,..5.il -: •;:i:.'„fp.fk:i.., 'e'. :, 4 '--.:-. '4. ,;e•••4 , 'V612*.F: • ,, i t ‘: '' 736 • • .... :20 ',..2 ' :•;',';;•''-';fr.:,, ••••.!"-:•,,•'..'...••:. 16;366 • •:- :.:•'•-•..': :;.), •-!tri.ri:, - •:cr...,;;••••• • • '‘'€!.'.V • i;;:.V.: ::•:: ';,,,,'...'4., -.1* :, : . ' CETA Analyst IV Edward L . Vela • 276 . .. ..;; • . ,..::..... 7-18-77 '.'-' 7:'...- .„,i,:.,p...:,...: 1-19-78 ,, . .. ... .• ••,.;. 8-1-80 -.-!..." ...:, ; • c•,y. •.'' • 4 '-'• 'CETA Analyst IV Ro do 1 fo Cantu - 27A1 • : ' .:::i 7-2-79 •::,.1:','. •1:-1••g 1..• ' ,,...:::.,: • -...:11L661; • 8-1-80 '::,: ,:. 3', ..:*:;%.;••:;•: '4'..".'.' ; I f;f9'i:.:!.; '4.';':.:A*- ;'1;i: ;i'Li'.;: :iVi. •;b1•4:139;`; f'til'i. .....r.f.g E;');: •-:701,' 17 212 ':'1--;':?.• ••;•.''•:;.:.;:,'•,.:Jr 13'4:p ':!:i:;:.'.;:;k::;,•,,, 'P.::::.f.e: CETA Analyst IV • Guadal upe Morin 25C - ' • ':;-.: • 8-13-79 ' ':. (1:::,!i:.;:-':• • , . ----" •:'.....'• ''''::'',• , • ! 8-14-80 .. '..'`.•!,;:..-'::•: . - . '.: . --- ' .....:':*?gl:t";" ..- • • ,?:,, 23 :..s- :'.11-it'V.W '71 -',.: ;1“,-.:. ' • 668 - :.:14:7-. .N....:-. :',I::: : •:' 3 ': • Ni ,:s67:;.- k,; - '"'; -701-: .i.,:t.,,,,ii ii,.1.: -.• • ".:s.'• 17,457 ''':: :-:,e-7! .c ..-,.1'. '''.1-i ..,.!.g.); ••,.!:.,::g:ti, • •:•,:'.:• CETA Analyst 111 JoAnn Dominguez 25B ;1:::• 6-16-77 ":f.:i - - ' %7 • 12-18-78 -.4. Al -,.,- . :6:1-80 q .. -:.' , "!•:.::,;': „...y.t:4.,.:;',' !:..,:,;. 2 .: ,. ' 1' :.'j ,.i',..4 I: 22 c,1 ?• 7 ' -:, • ' ::," =:-.: 636 , 11i?4 „576,13W : .:,T.12 .4, r4;.1.: ,* ':6 • ..... ..7,.1,c.4 .668V,. 'zfCETA 6,.6..••••5•;..t7 .5.. ' 636 1 16 ;664.1: i•••*, • - - ,•,;. .15,713 ,..; ......,.: : . . :::, :, .:' .--:•: • .,....., !I. . . u•,..' ••:.. • : :::.• , '‘' . , • , Analyst III Robert R. Ramirez 2541 ,•,•••f,o 7-2-79 • :.' „•. .;:-.- •!, t,..,•q,;; 1-3:80 7-4-80 ' : CETA Analyst III Ramiro Hoyos , Jr. 25A2 :.' 4-16-79 .,' '• .Y:i!'.....:,: :..::-..:- ,i::.: 10-1749;..:.,...;...*,. 4-18-80 ', ' .--.-.1'.• 1:.:. R-.1.:. ••••-...:50: 1.. C13::' 1.112 '),..." -.576 ' 605! .: . . 15,297 :.'. ' . . • CETA Analyst III . James Kendrick • , 2542 . .51.:, 6-4-79 • i.- ' "12--7 59'. 6-6-80 - '.;',5'4:z '649. •••••••,••!..... . V ;'.'13,474:. , ': 8 .'i:. • :!676"!. v 605 ; '15 073:: %..p.. • , ",..:••,_. • *:•:..-0: CETA Analyst I I Brenda Bezdek % . • 23A2 6-4:-79:•.m -,..i.f. . • . . 12-5-79 : '6-6-410....'• • ' .. - - $.1 v.:1i... , 4 , ...'' ... ' f .fi. ,i;,ipz••••4,,R•: j7.:'13.*t W 8.9.11-1:, :::s....1,•:;', i.1522:.r $4.549'i.? ... i_ : • 13,6q::. ::..'.7f...r.:7: . . . .i..11'..H- .;:!.=.•)!› :: ::. •• • ".• Analyst II Kenneth AJackson • , 8 • . , • 23A2 . ' • •• ; 6-11-79 • :. ::':•.f •.;''•.' V:;. • -':•;iff-X:.' J:•!•r•.:..••.:.,*;:•"•.!!'.•'••'..::;; :: : .3-• . • ,: 1'7•.'. • .7- -7 7 ' 2-12-9 6-13-80 :...i..: '''' :.',•:.,• 1.4::'Y... v., > .-- .i,:',;,. :'':-!•• ... . ,-, , o'k ,..;,„; q r.•., J7 'I '13 • .,'qv- , 1 v. 7r05j9r,,i '522 .1. -.... • ,•:%.•;• ;• ....1. .:...0ETA -..)• -:e. ij,61 • __ . ;*:'":•:.:. : :,.. '.1:...,11 ,.,:.,.,.....—,......;. ....!'',..':. ''.'...,:...!.! CETA ADMINISTRATIO:i OFFICE `tt:ACEMENT AND ADMINISTRATION PLAN Th.- Coastal Bend Consortium agreement authorized and established th>- City of Co.-ous Christi as the administrative unit of the Consortium_ Under this arrangement the administrative unit is responsible for the administration manpower programs funded under Titles IIB, IID,' III, IV, VI and VII of the of Comprehensive hmployment and Training Act Amendments of 1978. - zh= CETA Administration Office, under the authorityof the a is responsible for negotiating s and after ftertia ogrt, 8 all contracts and subcontracts and aprogram Implementation, for contract counseling and compliance, management information system, and financial reporting. The CETA Administration Office is also responsible for planning and program design, monitoring and assess=ent procedures,' 5e_soanel standards, and in. -service training and technical. assistance_ The internal administrative controls including the accounting system are in accordance with established policies and criteria of the City of Corpus C'hr'isti, as the administrative unit responsible for the operation. of the program_ ?ersonnel standards of the City of Corpus Christi which meet Equal Empioysent Opportunity criteria, are used in employment and performance evaluation of CE_: Administration staff and other programs operated by the City of Corpus Christi. _ The CETA Administration Office has the responsibility of compliance, financial a=>_gemeent, information systems, research, program assessment and design, -coordination, property control, and program evaluation_ All contractors under CEL. will be monitored by the CETA Administration Office_ Evaluation and monitoring of all activiites will be done on a scheduled basis by CETA Administration staff to ensure that all activities perform efficiently according to CETA regulations. Since one_of the primar} objectives of the manpower plan is participant placement in unsubsidized employment, the CETA Ai^cnistration Office will monitor contractors to ensure verification of placements as stipulated in their contracts. Verification of placements can be accomplished though contract with employers and/or applicant, follow-up, counseling, etc_ Am: data collected on monitoring reports will first be furnished to the Advisory Co_=cil or the Executive Committee according to need and requirements at the t.e. Federal and State monitoring visits will be coordinated through the CETA :_ _aistration Office in order to provide coordinated monitoring of local activities. =e=nical assistance on the administration and progra= atic activities will be -_:-ided by the CETA Administration Office. In-service training will be a c=-:54ned effort in all manpower activities. training sessions will be scheduled assist program coordinators in the development of their staffs. National, or local agencies that can provide in-service training will be asked t_ assist in these functions. 11 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) amendemnts 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 OSB circular number A-102 and Federal Management Circular (FMC) 74-4 as those circulars relate to functions such as the utiliza- tion'o= 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, 10 handicapped individuals, persons facing barriers to employment commonly ex- perienced by older workers, and persons of limited English-speaking ability. 3. In addition to the above requirements and consistent with the regulations issued prusuant 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 is ray 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 imsediately'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. • 13 .d. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons displaced as a re- : suit of Federal and Federally -assisted programs. 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 $100,000, or if a facil- ity to b_ used has bean 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 other- wise exempt, the grantee assures that: (1) no facility to be utilized in the performance of the proposed 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 nonexempt subgrant, contract, or subcontract_ 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. fity of fornnc Ciricti P 0 BQx•9277 (Legal Name of )-_iicant) (Address) (Signature of i..uthorized Officer). R. Marvin Townsend City Manager (Typed Name & Title of Authorized Officer) Date of Application 15 1. CHANGES SPECIAL CLAUSES • a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, rake changes in the wok within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government -furnished facilities; (4) method of shipment or packing; or (5) place of delivery. . b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) 'from the Price Sponsor's Contracting Officer, which causes any such changes as enumerated in (a)above, shall be treated as a change order under this clause: Provided, that the Contractor/ Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor/Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor/Subgrantee to an equitable adjustment hereunder. d. If any change'under this clause causes an increase or decrease in the Contractor's/ Subgrantee's coat cf, or the time required for, the performance of any part of the work wader this cont=act, whether or not changed by any such order, an equitable adjustment shall be made ana the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before tte Contractor/Subgrantee gives written notice as therein required, And . provided further. That in the case of defective specifications for which the Prime Sponsor is responsible, :he equitable adjustment shall include any increased cost reasonably incurred by thstzntractor/Subgrantee in attempting to comply with such defective speci- fications. e. If the Cmatractor/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 ;order (a) above cr the furnishing of a written notice under (b) above, submit to the _ ?rime Sponsor's Contracting Officer a written statement setting forth the general nature_ and monetary exremt of such claim, unless this period is extended by the Prime Sponsor. :he statement of claim hereunder may be included in the notice under (b) above. Where _ha cost of property rade obsolete or excess as the result of a change is included in the :ontracto:'s/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer ;hall have tba right to prescribe the wanner of disposition of such property. f. ::o claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall -e t.1i:ae? if asserted after final payment under this contract/subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute :encerning 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 •ith the contract/subgraat as changed by the Price Sponsor's Contracting Officer in -i:ing, either by (i) issuance of a written change order as described in (a) above, or. ii) i_�::anr_e of a written confirmation by the Price Sponsor's Contracting Officer of he t:ri=ten notice required of the Contractor/Subgrantee in (b) above, resulting from an ra.l order by the prime Sponsor's Contracting Officer. . ::0= SCRIriINI TION 16 S') ine contractor will include the provisions of paragraphs (1) through (7) in :every subcontract or purchase order unless exempted by rules,•regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency nay direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: (1) The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or (2) Any minimum rate 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. TERuINATION OF TRAINEES OR ENROLLEES' Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and rensc:able opporznnfty for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or ccndtct. Termination of trainees or enrollees will ba governed by disciplinary need grieve:ate :procedures approved by the Contracting Officer or his dul authorized representative: Provided, That in training facilities operating under a y collective bargaining agreement, disciplinary and grievanceprocedures an agreement and applicable to trainees or enrollees covered by this contract, dshallugoveh ra. • 7. - TER INAT105 a. The p -.a'-‘-eeance of work under the contract/subgrant may be terminated by the 'rime Sponsor i_ accordancewith this clause in whole, or from time to -time in part: (1) Whenever the Contractor/Subgrantee shall default in performance of this _entrant/subgrant in accordance with its terms (including in the term "default" any :cch failure by the Contractor/Subgrantee to make progress in therosecutio :amender as endangers such performance), within p t of the work p ), and shall fail to cure such default wa rericd of ten days (or such longer period as the Prima Sponsor's Contracting Officer nay :'_low) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying .he default; or (2) Whenever for any reason the Price Sponsor's Contracting Officer shall 'ecermine that such termination is in the best interest of the Prime Sponsor. ..!.ey such termination s'all be effected by delivery to -the Contractor/Subgrantee of i:ot_ic_ of Terrin at=om specifying whether termination is for the default of the <::trnctar/Subgra;.tee.or for the convenience of the Prize Sponsor, the.extend to which er`<.r ance of work under the contract/subgrant is terminated, and the date upon which unit termination becomes effective. If, after notice of termination of this contract/ u':,grar_ for default, under (1) above, it is determined for any reason that the Contractor/ uhf;;: -.:,tee was not in default pursuant to (1), or that the Contractor's/Subgrantee's :r to perform or to make progress in performance is due to causes beyond the control without the fault or negligence of the Contractor/Subgrantee pursuant to the provi- >,ea :_ thn cleate of this contract/subgrant relating to excusable delays, the Notice of :r:..ination shall be deemed to have been issued under (2) above, and the rights and )1`r. i' s of the parties hereto shall in such evert be governed accordingly. i•. After receipt of n Notice of Termination and except as otherwise directed by the rime fpc::sor's Contracting Officer, the Contractor/Subgrantee shall: 18 %.t) top work under the contract/subgrant on the data and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract/ subgrant as is not terminated; (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 Price 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 a11'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 theextent that title has not already been transferred) and deliver in the manner, at the tines, and to the extent directed by. the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work 'terminated by the Notice of Termination;. (ii) the.completed or partially completed plans, drawings, information, and other property which, if the contract/subgrant had been completed, would be required to be furnished to the Prime Sponsor, an_ (iii) the __s, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract/subgrant for the cost of which the Contraetor/Subgrantee has been or will be reimbursed under this contract/ subgrant. - • (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price pi prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor/ Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any sncf: property uz•S=r the conditions prescribed by and at a price or prices approved by the ?rime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the ?rime Sponsor to the Contractor/Subgrantee under this contract/subgrant or shall be credited to the price or cost of the stork covered by this contract/ subgrant or pad in such other manner as the Price Sponsor's Contracting Officer nay direct; (8) Complete performance'of such part of the cork 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 :ffcer 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 Fria:e Sponsor has or may acquire an interest. The Contractor/Subgrantee, shall proceed immediately with the performance of the :move obligations notwithstanding any delay in determining or adjusting the amount of the a, or any iter: cf reitibursnble cost,'under this clause. At any tine after expiration fthe plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement '::E;u]aticn s (41 CFR 1-8.1), as the definition may be amended from time to time, the fatractnr/Subgrantee may submit to the Prime Sponsor's Contracting Officer a list, :nrtified as to quantity and quality, of any or all items of termination inventory not .evirously disposed of,•_excluaive of items the disposition of which has been directed r (s_ti:orized by the Prime Sponsor's Contracting OEficer, and may request the Price to remove such items or enter into a storage agreement covering them. Not later • .ifteen (15) day„ thereafter, the Prima Sponsor will accept such items and remove cr e.r.ter into a storage agreement covering the sane: Provided, That the list submitted be subject to verification by the Prime Sponsor's Contracting Officer upon removal of i or, if the items are stored, within forty-five 4 ��•�� ( +) days from the date of sub- .,sien cf the list, and any necessary adjustment to correct the list as submitted shall be i.ricr to final'suttleteat. 19 c. After receipt of a Notice of Termination, the Contractor/Subgrantee shall submit to the Price Sponsor's Contracting Officer his termination claim in the form and with the certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be s::b-.itted promptly but in no event later than one year from the effective date of term- ciration, 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 o-year period or authorized extension thereto. However, if the Prime Sponsor's Contracting Officer determines that the facts justify such action, he may receive and . act upon auy such termination claim at any time after such one-year period of any extension thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim with- in the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract/subgrant, determine, on the basis of information available to him, the amount, if any,-due to the Contractor/Subgrantee by reason for the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. . • d. Subject to the provisions of paragraph (c), and subject to any review required • by the contracting. agency's procedures in effect as of the date of execution of this contract/subgraat, the Contractor/Subgrantee and the.PrimeSponsor's Contracting.Officer arty agree upon the whole or any part of the amount or amounts to be paid (including an - allo::ance for t_.=- fee) to the Contractor/Subgrantee by reason of the total or partial termination of _t=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 th= fa"--e of the Contractor/Subgrant and the Price Sponsor's Contracting 0='°- r to agree =- :hole or in part, as provided in paragraph (d),as to the amounts with costs respect tc _c-:.s and fee, or as to the amount of the fee, to be paid to the Con....-,..o,,-Subgra,-Ztee it: connection with the termination of work pursuant to this clause, the Pr Sponsor's Cmot==acting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this cc•a_rzcn/subgr=::= , determine,cn the basis of information available to him, the amount, if any, due to tr- Contractor/Subgrantee by reason of the termination and shall pay to the- Contractor/Subg =-tee the amount determined as follows: (1) If the �settlement includes cost and fee - - (i) There shall be included therein all costs and expenses reimbursable in accordance c.ith this contract/=_ubgrent not previously paid to the Contractor/Subgrantee for the perfo na e of this contract/subgrant prior to the-effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter s-ith the approval of or as directed by the Price Sponsor's Contracting Officer: Provided, .o:.-ever, That the Contractor/Subgrantee shall proceed as rapidly as practicable to df.,cc=_=: ue such costs; (ii) There shall be included therein so far as not included under (i) above, cost of settling and paying claims arising out of the termination of work under-sub- ..o_-ac=s or orders, as provided in paragraph (b) (5) above, which are properly charge- - a terni ated portion of the contract/subgrant; (ii) There shall be included in the reasonable costs of settlement, including • c;' ieg.i, clerical, and other expenses reasonably necessary for the preparation sett;.erent claims and supporting data with respect to the terminated portion of the -ontr:-.tisuobrant and for the termination and settlement of subcontracts thereunder, __t:: reasonable storage, transportation, and other costs incurred in connection _t.. ta•. ;rutectien or disposition of termination inventory: Provided, however, That if t=-oloAti•an is for default of the Contractor/Subgrantee there shall not be included .•-_ _.= for tha preparation of the Con trae:tor's/Subgrantc:e's settlement proposal;y and (iv) Tnaru shah_ be included therein a portion of the fee payable under the .:tr::_z,subgrant determined as follovs: (A) in the event of the termination of this contract/subgrant for the •:...• e of the Prim Sponsor and rot for the d':fault of the Contractor/Subgrantee, ......_1 _e paid a perc_•ntaga of the fee ce,uiva?tent to the percentage of the com- cf ::ark contemplated by the contract/niebgrant, lets fee payments previously made cr ..... .r, xlcu or ctauae 3a should 'this'contract/subgrant•be for experimental developmental or research work and the .Contractor/Subgrantee is an educational institution or other nonprofit institution on a 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 Prithe Sponsor wherever for any reason. the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prise Sponsor. Termination of Fork hereunder shall be effected by delivery to the Contractor/Subgrantee of a Notice of Termination specifying the extent to which perfor- mance of work under the contract/subgrant is terminated and the date upon which such term- ination becomes effective. b. After receipt of the Notice of Termination"theContractor/Subgrantee shall cannel his outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise all reasonable diligence.to accomplish the cancellation or diversion of his outstanding • commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of my work terminated by the notice. • With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of. such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause; and (2) assign to the ?rime Sponsor, in the manner at the time, and to the extent - directed by the -:rice Sponsor's- Contracting Officer, all of the right, title, and inter- • est of the Contractor/Subgrantee under the orders and subcontracts so terminated, in • which case the 'rime Sponsor s all have the right, in its discretion, to settle or pay any or all claire arising out of the termination of such orders and subcontracts. c. The Con:Tactor/Soho_tee shall submit his termination claire to the -Prime • Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more erten- cions in writing are granted by the Prise Sponsor's Contracting Officer upon written request of the contractor/Subgrantee within such one-year period or authorized extension thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review . required by the contracting agency's procedures in effect as of the date of execution of this contract/stbgrant, determine, on the basis of information available to him, the amount if army 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 PAY."ENT Clause of this contract/ tubg ant. 2. Subject to the provisions of paragraph (c) above, and subject to any review requir 'y :h_ Prime Sponsor's contracting agency's procedures in effect as of the date of executio7 this contract/subgrant the Contractor/Subgrantee and the Price Sponsor's Contracting Officer :ay agree upon the whole or any part of the amount or amounts to be paid to the Contractor/Subgrantee by reason of the termination under this clause, which amount or nmo..ants m.ny include any reasonable cancellation charges thereby incurred by the Contractor/ Snh ratee and any reasonable loss upon outstanding commitments for personal services he is unable to cancel: Provided, however, That in connection with any outstanding cc•r.:Bnts for personal services which the Contractor/Subgrantee is unable to cancel, the -Cr.:::.:=ctcr/Subgrantea shall have exercised reasonable diligence to divert such commitments to other activities and operations. Any such agreement shall be embodied in an - a__...._=at to this coatract/subgrant and the Contractor/Sub;-r:!nt•ee shall be paid the agree • 21 (B) in the event of the termination of this contract/subgrant for the default Of the Contractor/Subgrantee; the total fee payable shall be such proportionate part of the fee (or, if this contract/subgrant calls for articles of different types, of such part of the•fee as is reasonably allocable to the type of article under consideration) as the total number, of articles delivered to and accepted by the Prime Sponsor bears to the total umber 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 Price 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. ine Contractor/Subgrantee shall have the right of appeal, under the clause of this contract/subgrant entitled "Disputes," from any determination made by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor/ • Subgrantee has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Prime Sponsor's Contracting Officer has made a determinatioa of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor/ Subgrantee the following:' -(i) if there is no right of appeal hereunder or if no timely appeal has been =aken, the arb•_t so determined by the Prime Sponsor's Contracting Officer, or (2) if an app=al has been takan; the amount finally determined on such appeal_ g. In arriveng at the a -nun= due the Contractor/Subgrantee under this clause there shall he deduct=_ (1) all enliemidated advance or other payments theretofore made to the Contractor/Subgrantee, appl-'--'ale to the terminated portion of this contract/subgrant, (2)' any clai❑ which :he Prime S en_cr nay have against the Contractor/Subgrantee in connection :ith this contra.:_=/subgrant, eed (3). the agreed price for, or the proceeds of sale of, any materials, ::•applies, 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 rent of a partial termination, the portion of the fee which is payable with respect tc the work under the continued portion of the contract/subgrant shall be equitably edit:seed by agreement between the Contractor/Subgrantee and the Prirae'Sponsor's Co_tracting 0 `< -, and such adjustment shall be evidenced by an amendment to this ...._...race/subarame. - i. The Price Sponsor may from time to time, under such terms and conditions as it eey prescribe, =eke partial payments and payments on account against costs incurred by :he C- e tactor/Subgrantee in connection with the terminated portion of the contract/ a ^,rent whenever in the opinion of the Prime -Sponsor's Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor/Subgrantee will -be --:citiee'_ hereunder. If the total of such payments is in excess of the amount finally ..tea_eed to be due under this clause, such excess shall be payable by the Contractor/ ee'neenaeee to the Prime Sponscr upon demand, together with interest computed at the rate of pre=:.- per annum, for the period from the date such excess payment is received by the Ceetractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor: .•.a-vf'_-a- , however, That no interest shall. be charged with respect to any such excess •:,a_:.: n:.tributable to a reduction in the Contractor's/Subgrantne's claim by reason of ._..._ .n or other disposition of termination inventory until ten days after the date of retention or disposition, or such later date as determined by the Prime Sponsor's -cr-tr-:_t_n; Officer by reason of the circumstances. - The provisions of this clause relating to the fee shall be inapplicable if :._-c..tract/Ft.berant does not provide for payment of a fee. ._....: ATIC;N FOR CONVENIENCE cn , ,This listing of employment openings does not require the hiring of any particular.job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, Executive orders, or regulations regarding nondiscrimination in employment. c. The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate • local office or, where the Contractor has more than one establishment in a State, with the central office of the State employment service. Such reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under this contract. The Contractor shall raintain 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 represeat- 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.tha employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long' es the contractor is contractually bound to -these provisions and has so advised the State employment system; there is no need to advise the State system of subsequent contracts. The Coatractor ray advise to State system when it is no longer bound by this contract clause.• e. This clause does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guan, and the Virgin islands. • f. This•clt+_se does not apply to openings which the Contractor proposes to fill from within his our Organization or to fill pursuant to a customary and traditional es onceer- union hiring arrnigement. This exclusion does not an er�aio3 ger d-�-'�+•+ apply to a particular opening once s to consider applicants outside of his own organization or employer - union arranger— - for that opening. g. As used in this clause: (1) "Ali suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and t:nproduction; plant and office; laborers and mechanics; supervisory and nonsunervisory; technical; and executive; administrative, and professional openings which are compensated 'n aosalary basis of less that�.$18,000 per year. The term includes full -tine employment, p ry employment of more than 3 days' duration, and part -tine employment. It does iot include openings which the Contractor proposes to fill from within his own organiza- _icn or to fill pursuant to a customary and traditional employer -union hiring arrangement. .) "Appropriate office of the State employment service system" means the local office the Federal -State rational system of public employment offices with assigned respoasi- %ility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Co=.onwealth of Puerto Rico, Guam, and he Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his ,un organization" means employment openings for which no consideration will be giver. o persons outside the Contractor's own organization (including any affiliates, sub- `.dieries, and parent ct;aoanies and includesopenings ): any penins i.+hich the Contractor proposes n fill From rcgu'_•arl stablished " a y recall" or "refire' lists. (4) "Openings which the i.el.ractor proposes < * to fill pursuant to r: customary and traditional en y • y�•` plo er- ::�on �:An;; arrangement" means employment openings for which no consideration will be i.ve:: to persons outside of a special hiring arrangement, including openings which the resrscLcr propoar.s to fill from union halls, which is part of the customary and tr_di- _.+n: i lasing re)atLnsshin which exists between the Contractor and representatives of his loyces. 23 wy Luu vererans Administration for a disability rated at 30 percentun or core, or. a.person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty_ (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with the Armed Forces for a period of more than 180 days, any pert o: which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty fo] service connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first-tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving special emphasis in employment to veterans, such weteren nay file a complaint with the veterans' employment -representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director -for Manpower to the Secretary cf Labor who shall investigate such complaint and shall take such action thereon as the fads and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. i. The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract di' --'y under this contract. 11: DEVIATIONS Under the nes:: compellimg circumstances such as situations where the needs of the ' Covernna_nt cannnt reasonably he otherwise supplied, where listing of employment openings :cold be contrary to national security, or where the requirement of listing would other- .:ise not be in the best interests of the Government, a deviation from this subpart nay be T Vie, subject to the approver of the Secretary of Labor. Requests for any -such deviations 3:_a11 be addressed to the Assistant Regional Director for Manpower, U. S. Department of sabot, Employment and Training .ministration, 555 Griffin Square Building, Griffin and _ oung Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set !Orth the reasons for the request. .2. D_SP TES a. Except as otherwise provided in the contract/subgrant, any dispute concerning a cestion of fact arising under this contract/subgrant which is not disposed_of by agree - .u= shall be decided by the Prima Sponsor's Contracting Officer, who shall reduce his ecisioa to w itirg and mail or otherwise furnish a copy thereof to the Contractor/ _bgra-:tee. The decision of the Prime Sponsor's Contracting Officer shall be final and _-clus_vs unless within 30 days from the date of receipt of such copy, the Contractor/ rc^.tee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a :ictal .appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's entrect'_tg Officer for the deternination of such appeals shall be final and conclusive zless determined by a court of competent jurisdiction to have been fraudulent, or capri- _ots, or arbitrary, or so grossly erroneous as necessarily to imply bad faith,'or not _tporrcd by substantial evidence. In connection with any appeal proceeding under this the Contractor/Grantee shall be afforded an opportunity to be heard and to offer support of its appeal. Pending final decision of a dispute hereunder, the ....:_ctcr/Subgrantee shall proceed diligently with the performance of the contract/ :b rtnt cad in accordance with the Pride Sponsor's Contracting Officer's decision. This "Disputa:s" clause doss not preclude' consideration of lad questions in with decisions provided for in paragraph (a) above: ozLlcial re cr,e presentative, or board on a question of law. 13. SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to sub- contracting any parts of this agreeceat. The Contracting Officer may, is his decretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice"in writing of _ any actions or suits filed and prompt notices of any claims rade'against the Price • iponsor, the subcontractor, or any of the parties involved in the i.mplenentation,and :dninistration of the CETA Program. .5. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and/or contract, nless otherwise provided, thereon,the inconsistencies shall be resolved by giving recedence in the following order: (1) The ActPublic Lair 3-203, 87 Stat. 839)_ be regulations as approved byt ( 9 (2) PP he Secretary"of Labor (3) Special Clauses (4) 1?1C 74-7 5) FMC 74-4 (6) The Conprehesive Manpower Plan as stated in the grant as applicable o each title. G. Motions passed by the Consortium Executive Board: Jene 13, 1974 - Each program that is approved have an approved wage scale derived :om a comprehensive wage study conducted in their areas, and an approved Affirmative :tion Plan. -June 17, 1974 - Out -of -area travel for each program not exceed $25 per day. June 2, 1975 - No contractor ezceed.17Z for administrative cost and All out -of - ea travel for a=y program have clearance by the staff. September 22, 1977 - Allowance of up to 18c per vile for travel. Per diem rates for out town travel be established at a level equal to Federal per diem rates for all non-profit ancies. Governmental agencies shall pay travel expenses consistent with the policies ,roved by the respective governing bodies. 25 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 prima 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 incl=ad in the submission of a proposal or for any costs incurred prior to tha executiea of a formal contract unless such costs are specifically authorized in wci==ng by the prime sponsor's Contracting Officer. 41. 26 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 receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, 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. Same as City of Corpus Christi ' 2.. Will the Accounting System be directly maintained by you? Q Yes' j No (If No, who will— maintain the account- - ing• system? Name and Address . •• City of Corpus Christi 3. Are you Familiar with t -e Department of Labor Audit Requirements? Yes 0 No 4. Descriptlaa of your Financial Accounting System (indicate whether the system is manual cr automated and describe how it will meet the record keeping, reporting, and actor_=ting requirements of the Manpower Administration.) - Same as City of Corpus Christi USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of ny knowledge and belief this report is correct and comnIete Nen:: and Title of Authorized Official R. Marvin Townsend, City Manager Telephone No. and Area Code 512-884-3011 ext. 200 Signature Date of Execution 27 BONDING REQUIREP,EgIS 1. List of persons authorized to sign checks or withdraw funds •from the Special Bank Account. 2. Copy of Bond covering those persons_ Same as City of Corpus Christi. • 28 INSURANCE REQUIREMENTS Copy'of workmen's compensation policy including persons covered or similar type of insurance for same purpose. •Same as City of Corpus Christi. 70 Corpus Christi, Texas 2(11 day of eidat.,197q TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY c ORPUS CHRISTI, TEXAS The Charter rule was suspen� by the following vote: Luther Jones Edward L. Sample / Dr. Jack Best O/ David Diaz ilei—/_ Jack K. Dumphy 40'. , Betty N. Turner / Cliff Zarsky / The above ordinance was pass by the following vote: Luther Jones _ Edward L. Sample 1 Dr. Jack Best / David Diaz / Jack K. Dumphy F ", Betty N. Turner / Cliff Zarsky /e, 15191