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
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2
3
BUDGET INFORMATION SUMMARY
CONTRACT KEY
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az
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4
5
6
5
9
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12
13 14
15 16
17
15
19
20
21
22
moo, DATE
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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
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2. Mo,yances -., .
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35
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1. Prim' Sponsor ObiloatiOnl ! ' ' • "
44
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5
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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
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•
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62
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7. Service: ,4„f qk ck '..
to i ( 6 •,4
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•
26
1.7t7r7Z
it
6 3
1151
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1_1 .21
3 25...1
n._.J :
:.41___I •
621,563
53
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F. CUMULATIVE QUARTERLY PFIOJECTIONS OF OBLIOATION*' AND. EXPENDITURES (For Quarter Sodlo4)
. '
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. ,.4.
,
21
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22 1131103.111111111
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25
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0 6
filmilla
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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
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•
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
.
,
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.,) 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 •
•:-
:.:•'•-•..':
:;.),
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•:cr...,;;••••• •
• '‘'€!.'.V
•
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::•::
';,,,,'...'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 ,..;
......,.:
:
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Robert R. Ramirez
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Ramiro Hoyos , Jr.
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CETA Analyst III .
James Kendrick •
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CETA Analyst I I
Brenda Bezdek %
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Analyst II
Kenneth AJackson
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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