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HomeMy WebLinkAbout13333 ORD - 08/11/1976e vp 8/11/76 ist AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, AND ALL RELATED DOCUMENTS, WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR TEN PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE II OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 IN THE AMOUNT OF $28,900, ALL AS MORE FULLY SET OUT IN THE ATTACHED CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 That the City Manager be and he is hereby authorized to execute a contract, and all related documents, with the Corpus Christi Independent School District for ten public service employment positions under Title II of the Comprehensive Employment and Training Act of 1973 in the amount of $28,900, all as more fully set out in the attached contract, to substantially the foam attached hereto, marked Exhibit "A ", and made a part hereof SECTION 2 The necessity to execute the aforementioned contract and all related documents in the amount of $28,900 at the earliest possible date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effee./cc�tt, from and after its passage, IT IS ACCORDINGLY S0 ORDAINED, this the if ay of August, 1976 ATTEST / OV• C Cyy APPROVED // DAY OF AUGUST, 1976 J. BRUCE AYCOCK, Clty Attorney By Rid ))4 4Assistant C ty Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 13333 MICROFILMED JUN 171990 GEM CONTRACT CORPUS anus I INDEPrmur SCHOOL DISTRICT yiza 22 TABLE OF CONTENTS PAGE 1 CONTRAC T SIGNATURE SHEET 2 . PROCYON SUMMARY . 3 3. OCCUPATIONAL SUMMARY 4. PROGRAM NARRATIVE 5 5. PROGRAM PLANNING SUMMARY 7 6 BUDGET INFORMATION EMINANY. . . 7 MONTHLY PROJECT OPERATING PLAN. 9 8. PROJECT COMPONENT BUDGET 10 9 . ASSURANCES AND CERTIFICATIONS 15 10. SPECIAL CLAUSES .......... 11. STANDARDS OF PERFORMANCE 12 SUPPORTIVE DOCIDIENTS 1 1,-62,5 MOIFICATIO N R CITY OF CORPUS CHRISTI ox 9277 Corpus Christi, Texas 78408 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Leopard Street Corpus isti ,Texas 78401 This contract ts red into by the Program Agent, hereinafter referred To as Craneor and the risc1 I de$en ent School District hereinafter referred to The Comprehensive and Training ordancerwithathetprovisionsaof thishagreement.inThisrc consists of this sheet and such general and special assurances as are included herein. (Se et 2) A. eO (1) CTheOtotal estimated Federal coat of the cut, FT(s) 1976 program is $28,900 as Summary ted Section os Line wil1 Budget omation ) l over th e p eriod August , 1976 tM1 g Jav r c 1977 (2) Funds obligated by the Program Agent are $ 28,900 , These funds cover the period August 16, 1976 TO January 31, 1977 B. p10DIFICATION (1) This modfffseeTen Llincreases Q decreases [] dines no[ ....2e e funds previously obligated by $ to a total obligation of $ (2) Description of Modification C. TITLE AND FISCAL YEAR The tataL funds obligated for this contract by title and fiscal year ere. Fiscal Year Titre I Title II Title VI Total 1976 $28,900 TOTAL $28,900 $28 900 228,900 APPROVED FOR THE COMPACTOR APPROVED FOR THE GRANTOR Dana Williams, Superintendent R. Marffn Townsend, City Manager _NAME AND TITLE SIGNATURE AND DATE SIGNATURE AND DATE ATTEST APPROVED: City secretary ¢� Director of Finance PR00 `7✓' 1976 a4G/g�k9 /c(_pi 20000 r, r City Attorney YSE PROGRAM SUNLIT l 2. CONTRACT NUMBRR 132-8225 1. CONTRACTOR LIAISON £iliberto Carrillo O££ICIAL Jr. OLbIEtEOTIDN OF FUNDS AND 3. TITL II- JOSS 4. CONTRACTOR S TYPE SERVED A. POPULATION 8 NO OAS 9. FUNDS Corpus Christi Inds- pendent School District School District City of Corpus Christi 10 $28,900 10. Tors* 11. OTHER ACTIVITIES 12. TOTAL 10 $28,90o $28,900 OCCUPATIONAL BO WRY 2. CONTRACTOR 1. CONTRACT MISER 157-8225 Corpus Choi: 801 Leoper Corpus Cfiri, T O 3 OCCUPATIONAL TITLE BY TS@LOYING B � AGENCY OF SOBS (A) (B) Aide 10 • 4. TOTAL' 10 -4- ti Independent School District Street 11. Texas 78403 CETA WAGE RATE COMPARABLE WAGE FATE DUROMS ATION OF EMPLOY., (C) (0) (E) 0490 $490 CONTRACT NO 157..822S Paocal. NAPPATIVE 1. Methods of Recruitment and selection Applicants for positions created through Title II Comprebensive Employment and Training Act funds will be recruited through the Texas Employment Comm1.10n, classified ads, and by referrals from appropriate agencies and programa which serve the unemployed. Eligibility for participation will be determined by the Personnel Department of the school district has. on the applicant's meeting the prime sponsor'e designated high unemployment tract reaidence requirements, and minimum Title II unemployment time requirements. Selection from the eligible list will be made on the degree of the applicants qualifications for the program and the position. Recruitment will be initiated by the District's Personnel Department through its own facilities and through appropriate referral agencies such as those mentioned above. To insure, as specified in the act, that individuals from certain groups receive speeial consideration for employment under Title II of the Comprehensive Employment and Training Act, the following contacts will be made: Veterans. The Veterans Outreach Program and the Texas Employment Commission .11 be notified of openings. We/fare Recipients. The Work Incentive Program will be notified of openings. Manpower Training Participants. The various manpower programs operated under the Corprehensive Employment and Training Act wall be notified of oPenings• C. Monitoring of this program will be the responsibility of the district's Personnel Departs.nt and is also subject to monitoring by the City of Corpus Christi. 2. Orientation and Training Subsidized employees under this act will receive orientation stressing the on-the-job training and temporary nature of the program. Possibilities of continued full -time employment and advancement prospects .111 Be explained. B. Participants .111 be given information concerning the availability of emPPortive services. MANNING =CRAM A22NI Corpus Christi Independent school MANNING SUMMARY DiStrict 801 Leopard Street August lfi, 1976 eh D61 oT 7840 re OD �v. 15] -8225 OF ITOGITAM 3 011117 lenuary 31, 19]] to ,Angz Y Eetimi vlrv�m n Mn a, +, rvm er „, atlea x man rnx'eneµanv�n anw De vaunna x evem la ue Homed In n m v q nnr •gTenr p v e Div is Yr =so m000 !IMO A Unemployed o Under employe i 10 12 12 II MANN. 01110ELMENTS YPOGRVA ACTIVITIES coesonoo 6 6 6 V3E Ed III. SIGNIFICANT SEGMENTS LEANT VGATI TO CATC MAN 1/33 11/31 6,31 610 1E1 lel III i 10 10 12 ]0 10 6 VAL RANDLC IV 0111,11 ACTIVITIES CRANT YMPlI To DATE RAN O. Dare 274.0 GS.A7LES Corpus Christi Independent School Distr. 801 Leopard Street Corpus ChristiTexas 78403 BUDGET INFORMATION SUMMIT t ®mwwww ®mww�rw r mwww�w�vww� wwwwww- wEsos■Iwwww ®==muwmwwwwwwwwwwEIISr>IIII w1:11212wwwwwarwnEe ®wwwEMEININ ®wwww ®ww�wwwmwwwwww�wwwwww� ®mwwww� m��ww�awwwmwwwwwww��.�+w GR/117 NU 1,5 OGSA .I "Isr'a rlbi '[c $],800 $28,900• lov $28,900 62,800 1'1;11,IF1 a '$23,500 o1 =1s 23,500 s $28,900 0,900 $9,,0 8', $28,900 Ins 5 03 Iw,r. 1910 TITLE VI PROJECT OPERATING PLAN SOPPLEHENT I. dumber of Ind.viduals Planned To Be Enrolled at End of Each Month PTE, Cumulative Projected Expenditures by Honth JUL 76' 0 0 AUG 76 10 $ 2,600 sEe 76 10 7,800 OPT 76 10 13,000 NOV.76 10 18,300 Dec 76 10 23,500 SAN 77 0 $28,900 FEE 77- NN 77 APE 77- HAY 77 JIM 7 -9- PROJECT COISPONENY EMCEE %T./ TITLE I /5/ TITLE II 13..E OF CONTRACTOR OR SUBORPNTEE Corpus Christi Independent School District /7 TITLE VI EvECTIOW OR Title II public T service employment (1) ADMINISTRATIVE COST: (2) SAGES: (3) TRAINLIG: (4) FRINGE BENEFITS: (5) ALLOWANCES: (6) SERVICES TOTAL AMOUNT AMOUNT 26,950 1,950 (28,900 BACH -UP SUPPORT BUDGETS (1) ACMINISTRATISN COSTS N/A a. STAFF COSTS. b. FRINGE BENEFITS c. CONSUMABLE OFFICE SUPPLIES: a. PROGRAM EVALUATION. e. ACCOUNTING SYSTEM: £. MANAGINENT INFORMATION SYSTEM: g. STATE ILINPONER SHSV/CES COUNCIL: Of TRUST SPONSOR PLANNING CCUNC0L: R. RENT: k. UTILITIES: CUSTODIAL SERVICES• INDIRECT COSTS: STAFF TRAINING• TECENTCAL ASSISTANCE. P. Pg1IPNENT: q. MATERIAL: x. CAPITAL LBEOVEDENTS: a PUBLICATIONS. S. AUDIT SERVICES: u. OTHER: (Specify) v. OTHER. (Specify) v. OTHER: (Specify) x (specify) AMOUNT SUB -TOTAL 0 BACK -OP SUPPORT BUDGET (2) WAGES• a. on- dob- Training: b. Transitional Subsidized Employment: c. Other: (Specify) ther : (Spec if y) (3) TRAINING: N/A a. Salaries: b. Fringe Benefits: c. Tuitions: d. Entrance Fees: e. Hooks £. Teacher's Aids g. Other.(Specify) b. Other.(Speclfy) ABOUND $26,950 Sub -Total 026,950 Sub -Total 0 BACK -UP SUPPORT BUDGETS (4) FRINGE BENEFITS: Annual Leave: Sick Leave: Court Leave: Military Leave: Life Insurance: all insurance g. health Inaurance: h. 0 enployment Insurance. 1. Workmen's Compensation: 9. Retirement Benefits: k. ether:(Specify) 1. 0ther:(Specify) (5) ALLOWANCES: N/A Amount Part of Wage Part of Wage Part af Wage Part of Wage $1.000 950 Sub -Total $1.950 Sub -Total 0 (6) 0ERVICgS To CLIENTS. (N/A) Child Care: Health Cere• Medical Services. d. Residential Support: e. Assistance in Securing ads. f. Family Planing: g. Outreach. h. Intake and Assessment. Orientation: J. Counseling: Job Development: Job Placement Other:(Speoify) Other.(Specify) o. Otler:(Specify) Sub -Total AMOUNT Creed Total 808,900 sus-c0 .TR0C7 /CRI1.7 ISOLAtifC0S AU0 CEP2ITIC1TIdpS Conroy Assurances 1. Tna applicant assures and certifies that: a Employment .1.3.1 comply o at.Oh the requirements of the Comprehensive ^ Y•- and Tratrarg Act of 1973 (P L. 93 -203, 07 Stan. 039), hereafter referred to as the Act, and with the regulations and policies promulgated thereunder, and b. It 1111 comply with We Circulars numbered.A -07, 0 -95, -and 0_102, as those circulars relate to the utilization or funds, the opera- tion of programs, all the maintenance of records, boots, ae and other docents Ludt., the Cmpr01500ive Employment and Training - let. 2. Vie applicant further ess.lures end certifies that ,l -the regulations promulgated pursuant to the Act are emended or raised, at shall comply th them or sill notify the Prime Sponsor tidbit 2p• days after pramaulga- tio.n of the amendments or revision that it cawpt s conform, so that. the Prime Sponsor may terminate the grant.. , 3. /n addition to the requirements of 1. and 2. above, and consistent tilt regulations issued 201.00 1 to the Act, all applicants melee the following further assurances and certifications:• - a it possesses legal enthority to apply for the grant; a _ motion action has been duly adopted or passed as i an 0710 - ciao act of the applicant's governing body, authorising the folarg of the appllcatloa, including all understandings and assurances tamed therein, and directing and authorising the person idenified as the ofRCiel representative of the applicant to act in connection applacatioa and to provide such additional infoeontiona may be required; as b. Ao person in the United States shall„ on the gm Bolo,-, or national or on in, be excluded iron particlpataondin, be denied the benefits of, or otherwise subjected to discrimination program or activity for ...eh the applicant receives Federal finan- cial , assistance and ufll vrmediately tale any measures to effectuate this agreement. - e. It wi11 comply with Title VI of the Civil Aightn Act of 1961 - (.2 USC 20001) prnaibitang employment, discrimination where (1) the primary purpose of a grant, is to provide employment or (2) disci minatory employmentrpractic s 1111 result 1 1 treat- ment ent of persons who o should be benefiting from aided ac amity. -oT• t - gram - It 1111 comply math reecirements of the Provisions of the onifara lelocatlon Assistance and Heal Property Acquisataons tact of 19(7 (P -L. 91 -6h6) which pro, or Poor and equitable treat ^eat c persons displaced es a ._si.lt3 of Federal and federally a' - sirtc_ m_ pi ogras. e• It rill n000W gibs the pro.asions o f the Set which Hirt the political activity of emplo3ees. - f. The program. under tte Act does not involve political activities. g. It sill establish safeguards to prohibit employees from using their positions for a purpose that is r gives the appear-cacao: being motivated by desire for private gar for theccelveo or others, b tirsic arly those bath than they have fatly, =business r other h. It will give the Price Sponsor, Department of Labor and the C¢gtroiler General through any authorized reprx s entatas -o the access to =tithe right to examine all records, books, papers e ;feator documents related to the - . responsibilities in the operation o. any program S. ! h under the Act dascrinanate Seth respect to any prog.en paid. - cipnn` Or any aoplacant for participation in such program. because • of of race, creed, tolor,(nati61) origin, sex, political affiliation Particip a- p b ants in the pragrom sell not a employed on the construction, or asinterce of that part of any facility el-lath is csxi for religious instruction or rorshap. (Sec. 603(3)) k. Appropriate standards for health mad safety n ir stork and trolng situations will be meintalned. (sec 603(5))) 1. Laudations of employment or Li-caning gill be appropriate an able with regard to she type of Sort,, the geographical. region coo the prorleaeney of the n_ a airman. (Sec. 603(b)) m. ' 'ion protection will be provided to all participants. t3(Sec. 6]3(6)) - a. The program vill not result in the displacement of employed vorkers or impair existing contracts for services result inryie substi- tution Federal funds tors other funds- 603(7 Lion h forkti Last mould otherwise be performed. (Sec.n603(7)) reef: -o sill not be for of, occupations shish require less then ono ° pre- xnploymoot t unless i rate employment oppor- tunities a available in that o_ p (sec- 603(8)) In carrying out proa.--w brier 01110 I of the Alt, the epplicact rsaarms end certifies that: 1. services and activities provided. ander thas title will be alcanistered 0,- or under the supervision 00 000 applicant. (Sec. 105(a)(1)(S)) - Manpower services, 10010101.0 300 development, .011 1, provided to those most an nee0 of tem, including lcv income persons 001 1)0:0000 of limited Englash-speaking ability, and that the needier continued funditg or programs of demesstrated effectiveness is 0000000701 00 serving such persOns. (Sec. 105(a)(1)(D)) 3. Peng-rens of institutiosal .*111 training win be designed for necuPd • tmona in lehich skin scurtages exist. (Sec. 105(a)(6)) • • - 4. The plan meets all the recnirements of Section 105(a) .01 0000 the an- plicast will cosply wath ell provisions 00 10, Ant. (See. 105(0)) 5. It ',intake such arrarsenmnts as are prescribed by segblation to assist the Secrete, in carrying oat his respensibilaties under Sections 105 end 108 00 00. Act. (Sec. 105 (e)(7)) . 6. The Applicant assures and certifies that the p.01.,00100 0000000: Plen 000o010 /, as emended, is made apart of the Grant agreenent bY reference. • 01,000)0 000.0000100.0 Reda:ice 00 11011: Service Emelooment Progrems For 111100 Service Enplqesent prograno, an applicant min. 1. 001000 0003 the activities and services for 0hich assistance is sought under Title II of -LI, Act vill be administered by or under the supervi- sior of the applicant, Identifying any egency or institution designated 00 00017 001 0000 activities or services 1001: 0001 supervision; 2. assure that only 1,0000 00800003 within the areas of substantial men- plops,10 qualifying for assistence will be hired to fill jobs created - under Title II of 10.0 101, ard that the public services provided by such Jess shell, to toe extent feasible, be designed to benefit the resideets of such_nreas; , a a ( ( p. wining an tcd s - 111, t axle p he trwith c -- ahili[ies and lo to ich will enable participants to become economically self - soft..., (Sec 603(0. 105(0)(6)) q. Iestitutiocel skill t and training o the Job shall only be an which for training Secretary o - - terminedpthere is reasonable expectation _or eoplo-msnt.a0 (Sec. 633 (10)) r. CETA f wall, to the extent practicable, be u scpple000t, - rathe. -Wt , the level of funds t would otherwise be a.ailable the plenoing and 03(10istration of programs under the piing sponsor's groat. (Sea. 603(11)) s. It 1011 submit reports as required by the Prime Sponsor, and will main- tain records and pr vide access to them a necessary for the Priee Sponsor's cthat funds are ot,000expended in a ord00oe aad math the purposes t the of the Act, including then lntenen^ records to assist the Prime Sponsor in determining the extent to the program meets the special needs of disadvantaged, w _1 - plo,/ed, and m 101 income persons for meaningful employment opsertuni- bo ' ties. (sec. 603(12), 321(0)) t, Toe program will, to the maximum extent feasible, contribute to the occupational. development or upward nobility of individual partici- pants. (Sec. 603(13)) - It. The program has adequate administrative and accountirs controls, per- sonnel ota0datd0, evaluation procedures, 000010ballty of in-service training and technical assistance programs, and other policies as ray be necessary to prorate the effective use of funds. (Sec. 603 (14)) - v. The program makes appropro0te provision For the 0,0000000,000 ra of youth in the area served. (Sec. 603(15)) w. It will comply with the labor st,ldo_ds requirements se_ out in Sec- tion 606 of the Act. • • x. It mall comply with all requirements i50000d by the Department of Labor concerning special requirements of law, program requirements, and other administrative requirements approved in a e cordance with Office of Ilaoagm 0, ent and Euet Circular Po. A -1O2. . 4. t further as certifies t - an,w other units Applicant for particrpatron io the pro ectta -e listed on debarred list due to violations of Titles VI and VII of the Civil tights Act of 1964, nor are any proposed parties to the contrast aware of any pending action which might result in such debarment 3. assure that special. consideration 5 .n11 be given to e f 111^.- ;oh which providesufficaeot prospects for ndv0 ^cenen _ employeent by vadang ovplumentary training and - __ designated to (1) promote the advancement of articipantsa_oYe- _- .- training opportunities suitable to he anda,iduals ed P' in the skills for - _ sector or the economy. (2) provide or rich there is an anticishted high dentd, p- (3) pro vice participants with self-development skills; pros-noel 'r. _ - nedfai this Paragraph shall be c - ea sous or Programs o whoa tee er goals are feasible o priet , `- a m. fe _ app: 4. assure (1) that special consideration in filling transitional -utlin service jobs lull be Si -men to unemployed persons Yap served i Forces s in Ingo -China Korea on or after lagust 5. 1966, +_ n oed.�_ th craters established by the Secretary (and who have received c then dishonorable discharges), and a description of the specific � _ - to be undertaken during such fiscal year to provide such 5250051 _ ration, and or the t;_es or jobs to be made available to such v- .limn with special emphasis oa the development of. jobs w wall uti_aze, t the maxima nt feasible, the skulls w such veterans srouired connection vita their military training and s d (2) that it - shall (a) to special efforts to acquaint such veterans with the pro - gram and the public service jobs available to veterans under the,at, sties authorized by Chaster h1 ofbT Title United States tCode (relotlh to Sob counseling and +hxployment Services for veterans), or carried cut by other public or private organizations or agencies;. - 5. assure that, to the extent feasible, public service jobs shall be Ina- vaned a occupational fields which are t likely to expend vlmhin he public or private sector as the unemployment rate recedes; 6. assure that special consideration in filling transitional puolie relic Jobs will be gores to unemployed persons who are the most severely s edvanteged in terms of the length of tine they have been un nlo5d and their prospects for finding employment without assistance under this title, but such special consideration shell not autbu._iie the hiring of any per then pother parson is on ley -off frog the seine or any sun tanta equivalent job; Lessors that n *_Ones receiver-ander Title II of the Act will no used to o fill a opening created by the action of em- ployer minplaying off or terminating the employment of any other employee not _ anticipation filling the vacancy on under Title II of the met in patim o vacancy so created by hiring vv employee t under Title II, a == ---- 3. ass., that due csnsideratioa be given to persons vno ha, p ipated in sanPaner traiuing prOgraas for arca employment opportsetties mad not te otherwise inmadiately amiable, 9. assize that periodic review procedures eatablished pursuant to Section 207 (a) of the Oct will be complied with, 10. assure that agencies end institutions to whom financial assistarce is nide available under this title hate undertaken or 00il1 undert.e, er.yeas of job descriptions and reevaluations and, there ono, reces - s=-)d, re.sions of cd-alification reethreoents at all levels 00 emalny- yent, ancludrag se:nice requirements and practices r-)••,,,, thereto, 000000000oc, ,th regulation's prescribed. by the Secret-el-y . with a vi.ea toward removing artificial barriers to public eraplocment of _ those whoa it is the parpose of Title I/ to assist; assure that, where appropriate, it 0111 00000010 0' provide linkages with upgrading nad other ramp.. Progr= for the ParPose of (1) lodo- those persons employed xr■ public serviced., under Title II of :the Act Woo want to pursce Work with the employer, xn the 0000 or lar work, with g.portunities to do so 001 to find permament, upwarcly mobile careers an that, field, and (2) providing those persons so em- ployed oho do not wish to pursue 05' .00 careens in such field, and (3) Providing those persons so employed who do not lash tO P00100 p0100- 00,00 careers in such field, with opportunities to seek, prepare for, and cbtaim work in other fields; 12. assure that all persons employed under any such prograc, other than necessary technicel, supervisory, and administrative personnel, will. he selected from among unecaloyed and imderemployed persons, 13. assure that the program -411, to the...mei-tent feasible, contribute to the ellminatina or arterial.. berries, to employmeat and occupational advancement, including civil service resulrements nhich restrict enploy - 0000 opportunities for the drsadventaged; . . • it. assure that not more than one-third of the participants 011 the prOgres will he ernaloyed in a bona fide professional capacity (as suca terais 0000 10 Section 23(a)(1) or the Fear labor Standards Act of 1930). ex- cept that this parag:aph shall nob be applicable in the case of pactici- pants emplOyed as classroom teachers, and the Secretary may waive this licitation in exceptional cis...stances; li. provide a description of the manpover needs of local governments and of local educational agencies taithin the area to be served together leeth the cocrents of such go-mu:rents =0 agencies where appropriate, and ,s- sure that jobs 0111 he allocated eqUitably to such governmemts ,a egenedes Ming into aecaunt the number of unemployed triteoo their juris- dictsons and the needs of tne agencies; 16. assure that the jobs in each job category an no way infringe upon the promotional opportunities which would otherwise be avaalable to persons currently employed in public service jobs no[ subsidized under this title, and a n at no job will be filled in other than level position i each job until applicable personnel 1 ce d urea and ollectivebargarning agreements ha have be complied with' 17. 000000 0600 jobs d 000202 funded by the anethetabsence of assistance those that under this Act, d r h as 18. comply with such other assurances, arrangements, and conditions, con- sistent with the provisions 00 Title II of the not as the Secretary deems necessary, in accordance with such regulations as he 00211 .pre- t 1 19. assure that any Title I or IL activities supported by Tatle II funds shall comply with the rules and regulations promulgated pursuant to Title I and II of the Act except that all participants selected must meet the eligibility and residency requirements as specified in the Title II regulataons. 20. The Applicant assures and certifies the Co prehensave Manpower Plan in Tatle I1, as amended, is made a part of the Grant Agreement by reference. D. SPECIAL CERTIFICATION FOR STATE APPLICANTS _Inthe case f State applicants 0001002 assistance under the Act, th the will comply applicant quirements and rovisionsao faSections106aandrSection 107 of the Act. assures requirements p The correct 00 also toowledgeeandinformation athe the filingapplication thiss applacation has been fully authorized. Corpus Christi Independent School District (Legal Name of Su000000ee) (Sagnature of Aa010000ed Officer) 800 Leopard (Address) corpus Christi, Te7016 78403 Dr. Dana Williams, Superintendent (Typed Names Tatle of Authorazed Officer) (Dace) SPECIAL CLAUSES TABLE OF CONTENTS PAGE 1. CHANGES . . . . . . . . . .23 2. NONDISCRIMINATION 24 3. CBILD LABOR 24 4. EQUAL OPPORTUNITY CLAUSE 25 5. TRAINEE OR ENROLLEE WAGES 26 6. TERMINATION OF TRAINEES OR ENROLLEES 26 ]. TERMINATION 21 8. TERMINATION FOR CONVENIENCE 32 9. CONSTRUCTION AND BUILDING REHABILITATION. . . . 34 30 LISTING OF EMPLOYMENT OPENINGS 35 11 DEVIATIONS 37 12. DISPUTES 38 13. SUBCONTRACTING 38 14 COURT ACTIONS 38 15 ORDER OF PRECEDENCE . 39 16. NOTION OF THE EXECUTIVE BOARD 40 herefXd:s=lebraIt=7/S:3=f=1'; "toT1.7.e;111=mt contiset/subgrant. g. Failure to agree on the terms of any equitable adjustment shall Sc a dispute concernIng a question of fact withan roe meaning of the clause of thrs contract entatled .0asputes." It. Nothing an thus clause shall excuse the Coatractor/Segrantee from proceedIng with the contract/subgrant as changed by the Prone Sponsor's Contracting Officer an writing, eather by (i) issuance of a written change order as described in (a) above, or (/A) issuance of a written conformation by the Prime Sponsor's Contracting Officer of the written notice required of the Contractor/Subgrantee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NOIEDISCSEINNATION It Co the poll, of the Executive Branch of the Government that (a) contractors and subcontractors engaged In the performance of Federal coatracts shall rot, in connect-ton with the emplryment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the booms of a bona fide bccupational qualification, retarement plan, or statutory requirement, and (b) that contraotors and subcontractors, or persons acting co their behalf, shall not specify, in solicitations or advertisements for employees to work on Government con- tracts, ammo.. age limit for such employment unless the specified maxi- mum age limlt is based upon a bona fade occupational qualification/ retirement plan, or statutory requirement. 3 CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occapatIon which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of ode (a list of such occupations as published at 29 CFR Part 1500, Subpart E). BAY eligible train..e and enrollees under 11 years ef aga Dill b. esCl.F.d .^lFl. with the lamatations amposed by 29 CFR Part 1500, Subpart C. SPECIAL CLAUSES MUM- a. The Paine Sponsor's Contracting Officer may, at any time, without notice to the sureties, by viatten order designated or indicated too be a change order, make changes in the work within the general scope of this co ct, in any one 0 e of the following: (1)edrawings, s "cations; (2) in the method o of performance of the 0ork; (3) in the Government - furnished facilities; 0) method 02 shipment or packing; or (5) Place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (1) shall include direction, lnstruotion, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated a order under this clause: Provided, That the Contractor /Sub t s a ch re the Prime Sponsor's Contracting Officer written notice stating the e give, circumstances, and the source of the order nd that the Contractor /SUbg regards the order as a change order. er gxaatee e. 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 Gontractor's /SUbgrantee's cast of, or the tine required for, the per- formance of any part of the work under this contract, whether o changed byay such order, an equitable adjustment shall. be made and the not modified in vrlting accordr�1y. Provided, however, That no claim faraany change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor nsor is responsible, the equitable adjustment shall incde any Increased cost reasonably incurred by the Contractor /SUbgrantee in attempting o comply with such defective specifications. . e. If the Contractor /Subgrantee intends to assert a claim for as equitable adjustment under this Clause, he must, within 30 days after r change order under (a) above or the furnishing of a written neeeretun� written above, submit to the Prim Sponsor's C ntracting Officer z written statement setting forth i the genera l n each moneta00. extent of such ulna sinless 0hrs period s extended by the Prime Sponsor. The statement of claim her ^_under made be included in the notice under (b) above. phere the cost of pro obsolete o as the result of a change is included in the ooto,. Contractor's /SUbgrantee's clays for adjustment, the Prrne Sponsor's 02 such Officer shall have the right to prescribe the manner of disposition of such Property. . E6U1: OPPOIII'UUIT. CLAUSE During the performance Of this contract, the contaator agrees as follows: (1) The cant -act- will not discriminate against m employee or appli- cant for emplornaeat because of ga - color, :ellon, sex, or national orrgrn. The contractor �111 the aff1 —atve action to z• ie that a that employees are treated ng emplaFent, w regard color, religion, se national origin nn actions ally alude, but not be limated to the following: SL_ployment, upgralrg, demotion, transfer, r e n ruitnent or re r10000nt ad✓ertis =mg; layoff or `termina- tion; rates of pay o other forms of compensation; and selection for training, including a 10110 ship. The }c actor eg post i_ places, available to empla ce ertd applicants c=olor} moat• ,rnotrces to be provided by the contradtins officer setting forth the provisions of rhos nondiscrimrnataoh clause. a (2) The contracm will, in ell solicitations or a ents for employees placed by o Co behalf of the contractor,s a that all • 4uelified applicants will recelve consideratoca for em lotent withoat regard to race, color, religion, sex, or national origia. (3) The contractor x011 send to ach labor 00 tativs of corkers witn which he has a collective bargaining e- e event o r art. -eat o understanding, a vtice tO to prm3001 Mths agene t„_ •ectdag officer, en song the labor union or worsen -- -- tiv• eso° the contractor's rc 000000nts under section 202 of ExecMam a - Order 11246 ofs pteaber'24, 1965, end shall post copies.Of the notice in c nspscuous places 000010ble to employees ea a ees applrcts for eeplo: cent. (I) (5) Toe contractor will comply with all provisions of Executive order 11276 of September 24, 1955, end of the rules, regulations, and relerar:m orders of the Secretary of Labor. The contractor 1,11 furnish all • - - - and reports required L):ec -e O :3e. 11246 o September 21., 1965, art 15- t!_ rtlea regoic- teens, and. o - Cf Labor, or -ant tbereta, and ill permit - to•hisVb records, sod accounts by toe a -- d a0rV end the. Secretor, of *r for purposes investigation stigoon to ascertain _ once with sub rules, regttlat,ons, end order.. (6) :n the even, - - 3:h the nondiscrimine- tIon - cathaan ach rules, regulations, or orders, 'this c canceled, t in pole o art 00 t may be declared aireligrbleaf further Government contracts In a_eordance sith procedures authorized in Executive Order 11246 of September 24, 1965, and sanctions toy be imposed and remedies i - provided in Executive order 11246 of September 24, 1965 {or by rule regulation, or order of the Secretary of Labor, or es otherwise provided by lae. (7) Tne contractor will include t0.. pro..:.:ons of p_- ,.3rapns (1) through (7) in every subcontract or purchase order unless mated by ruler, regulations, a orders of the Secretary Of _> s1002 - .o action 204 of _cutise Order 11246 of SeptetSeri24, 1955, that such provisions call be binding a each subcontractor or The c nt r will take such action lath respect y subecriraet or purchase order a the contracting agency may direct as enforcing such provisions including sanctions for o. provided, however, That in the event the contractor becomes involved in, o s threatened with, litigation with asubcoxtrac° vendor as a result of such direction by t _n3 agency, mt tractor may request the United States to r int such litigation to protect they interests of she United 5sates. 5. 00119920 0A ENROLLEE 9ACE3 The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher . 1. The minimum rate required under the Pair Labor Standards Act including any special rate provided by specification under Section 14 of the Aot, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Amy minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws of it is higher than that stated in Item Number 1 above. 6. TET2N4TION OF T2ALPEES on ENEOLLEES Trainees or enrollees vi11 not be terminated without prior notice to the enrollee and reasonable opportunity for corrections or improvement of perf or e and consultation with the 'Contracting Officer by the training facility To csubetanderd or-unsatisfactory progress or conduct. Temindtion of traireesror enrollees Mil be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: e Provided, That n training facilities operating under a collective b bargaining agreement, disciplinary end grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shell govern 7. TarilIPAT1ot a. The performance of sore under the contract /subgrant may be terminated by the Prins Sponsor an accordance lath this clause in whole, or from tin_ no tyre in pct (1) Whenever the Contractor /SUbgrentee shall default is per- formance of this contract /subgrant in accordance with its terms (Including an the term default" any such failure by the Contractor /Subgraatee to to pm , an the prosecution of the work hereunder as endangers such ',error. ance),sand shall eternal to cure such default within a nal of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Price Sponsor's Contracting Officer of a notice specifying the default; or - - (2) Nhenever for any reason the Prime Sponsor's Contracting Officer shall determine that such tereanetioa is in the best interest of the Prime Sponsor. - Any such termination shall, be effected by delivery to the Contractor/ Subgrantee of e. Notice of Termination specifying whether termination is for the default of the Contractor /SUbgrantee or r the convenience of the Prime Sponsor, the extent to which performance or work under the mantra. subgrant is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract /subgrant for default, render (1) ee aboee, 055 at is determined for any reason that the Contractor /SUbgrantee was not in default pursoant to (1), or that the Contractor'star10antee's failure to perforce or to make progress in per- formance is due to causes beyond the control and without the fault Sr negligence of the Contractor /SUbgra pursuant to the provisions or _ the clause of this c act /subgrant re relating toe usable delays, the Notice of Termination eblshall be teemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such ev ent be governed accordingly. - b. After receipt of a Notice at nation and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor /sub- grantee shall. (1) Stop soak under the nontract /subgrant an the date and to the extent specified an the ;notice of Termination; (2) subcontracts f leltao, Place her orders be necessary f completion of such portion aof the work Yunderatheocontract /subgrant is not terminated; (3) Terminate all orders end subcontracts to the extent that the, relate To the perfo -narce of work terminated by the Notice of Peru/na- tion; (h) Assign to the Prime Sponsor in the m and to the extent directed by the Prime Sponsor's Contracting Officer, all of the r gat, title and interest o tts irgrant under the orders o subcontracts o terminated inivhich ^c sthe Prime Sponsor shall have the orright, in its discretion, to settle o spay any or all claims .rasing out of the termina- tion of such orders and subcontracts, (5) liath the approval or ratification of the Prime Sponsor's Contracting officer, to t extent he nay require, which approval o r ratification shall be final end conclusive for all purposes of Maas clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reim- bursable in whole or n part, in accordance with the provisions of this contract /subgrent. (6) Transfer title to the Prime Sponsor (to the extent that title has net already been transferred) and deliver in the manner, at the • and to the extent directed by the Prime Sponsor's Contracting Officer, (1) the fabricated o r unfabricated parts, work in process, completed work., supplies, and other material produced as apart of, or acquired an respect of the performance of, the work terminated by the Uotice of Termination; (ii) the completed or partially completed plans, itOb• sgs, information, and other property which, if the contract/subgrent had been completed, outs be r _ be furnished to the Prime tttisr; and (iSa) the jigs, dies, n and other special tools and tooling acquired, or manufactured for the performance of this contracte reimbursed for the cost of which the Co ^tractor /Subdrantee has been or will be reimbursed under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the tines, to the extent and at the price or s directed or authorised by the Prime Sponsor's Contracting Officer, soy property of the types referred to in (6) above: Provided, however, That tin Contractor /Subgrantee (1) shall not be required to extend credit to any purchaser, and (ar) may acquire any property under the conditions prescribed by end at a price o prices • h e nPrime Sponsor's Contracting Officers find provided further, the That the pr ceeds e h transfer p disposition shell be applied in reduction of aav a Under this be made by the Prime Sponsor to the Con - trsdunedSto mate^ under this contract /subgrant or shall not trope be redited to the price or cost of the work covered by this c act /subgrart or d in such other manner as the Prime Sponsor's Contracting officer may (8) Complete performence a such part of the work. as shall not - have been ter - seated by the PotrcaofTerminatiang end (9) Tale such actior as may be necessary, or as the Prime Sponsor's Contracting Officer nay d r , for the protection and preserva- tion of the property r tad to thiscontract /subgrant Valhi in the s possession of the Contractor /SUbgrantee and is which the Prime Sponsor has or ray acquire an interest. • The C ontractor /SUbo an e en shall proceed aediately with the performance of the above oblagationo notvathstand0ng any delay in determorion or adjusting the amount of the fee, or any item of reimbursable cost, under thus clause. At any time after expiration of the plant clearance period, as deigned in Subpart 1 -8.1 of the Federal Procurement Regulations (Al CFR 1 -8.1), as the definition may be emended from time to tame, the Contractor /SUbgrentee may submit to the Prime Sponsor's Contracting Officer a list, certified as to quantity and quality, of eny or all items of-termination inventory not previously disposed of, exclusive of stems the disposition of which has been directed or authorised by the Prime Sponsor's Contracting Officer, and mqT request the Prime Sponsor to remove such items or Cr enter into a storage • agreement covering them Rot later then fifteen (15) days thereafter, the Prime Sponsor will accept such items and rococo them or enter into 0 orage agreement covering the sane: Provided, That the list submitted shalt be subject to verification by the Frame Sponsor's Contracting Officer upon mval of the items or, if the Items are stored, within forty -five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to Canal settlement. c. After receipt of a Notice of Termination, the Contractor /Sub- grantee shell submit to the Prime Sponsor's Contracting officer his termina- tion claim in the fora and with the certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be submitted promptly but . in no event later than one year from the effective date of termination, unless ohe or more extensions in writing are granted by the Prune Sponsor's Contracting Officer upon request of the Contractor /SUbgraotee made io writing within such one -year period or authorized extension thereof. • However, If the Prise Sponsor's Contracting Officer determines that the facts justify such and action, he say receive act apron any such to lnatioe m claw t any time after such one-year peraod W of extension thereof. Upon failure of the Contractorantee to subart his termination claim within the -Irma allowed, the Prime reoe Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of to date of c of this ontrart/su , determine, informatron ce o him, the amount, cif any, due to otiehC Contractor/ Subgrentee by reason for the termination and shall thereupon any to the Contractor /SUbgrantee the amount no determined. d. Subject to the ovisions of paragraph (c), and subject to any revaev required by the contracting agency's Procedures in effect as of the date o of execution of this contr ct /subgrant, the Contractor /Subsrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or part of the amount mr amounts to be paid (including an allowance for the fee) to the Contractor /SUbgrentee by as of the total termina- tion partial tena- tion of work pursuant to this clause. a The contract /subgrant shell be amended accordingly, and the Contractor /SUbgrantee shall be paid the agreed In the event of the failure of the Contractor /SUbgrartee and the Prime Sponsor's Contracting Officer to agree in whole or in part, as pro- vided in paragraph (0), as to the amounts with respect to cots end fee, or as to the ¢mount of the fee, to be paid to the Contractor /S bgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review-required by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine , on the basis of information available to him, the amount, if any, due to the Contractor /SUbgrantee by reason of the termination and shall pay to the Contractor /g bgrantee the amount determined as follows: (1) If the settlement Includes cost end fee -- (1) There shall be included therein all costs and coveases reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Oubgrentee for the performance of this contract/sub/rant prior to the effective date of the Notice of Te- -monation, and such of these costs as may continue for a reasonable tame thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /SUbgrantee shall proceed as rapidly as practi- cable to discontinue such costs, (ii) There shall be included therein so far as not included under (0) above, the cost of settling and paying claims arising out of the termination of work under subcontracts as provided is (be(5 ))nt hich are properly chargeable to the terminated portion et a'ect /su gr , (iii) There shall be included in the reasonable costs of • settlement, including accounting, legal, clerical, and other erpeases ' reasonably ably for the preparation of settlement claims and supporting the respect to and the termination andsettlemen e t ofsubc subcontracts thereunder, ttogethertwith for reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination as for default of the Contractor /Sabgrantee there shell not be included any amounts for the preparation of the Contractor's/ Subgrantee's settlement proposal, and ° payable under (iv) ¢There shall. be included therein a portion of the fee ontraet /subgrant determined as follows: (I) f the termination of this contract/ sbbgrant for the c f then Prime Sponsor and not for the default of the Contractor /SUbgrentee,othere shall be paid a percentage of the fee equivalent to the percentage of the completion of work contemplated by the conrect /subgrant, less f payments previously made hereunder; or (B) In One tne event of the termination of this cortract/ subgrant for the default of the Contractor /S bgrantee, the total fee payable shell be such proportionate part of the fee (or, if this contract /sbgrant calls T articles of different types, of such pert of the fee as is reasonably f allocable to the type o article under c sideration) as the t oal number, of articles delivered to and accepted by the Prime Sponsor bears to the total number of articles of a like kind celled for by this contract /eubgrant. _ If the amount deterruaed under this subparagraph (1) is less than the total payment, theretofore made to the Contractor /Snbgrantee, the Contractor/ Subgrantee shall repay to the Prise Sponsor the excess amount. (2) If the settle1eat includes only the fee, the amount thereof will be determined in accordance with subparagraph (1)(re), above. ' _ (f) The Contractor /Sibgrentee shall have the eight of appeal, under t he clause of this contract /subgrant entitled "Disputes,' from any deter- mination made by the Prime Sponsor's Contracting Officer under paragraph (c) r (e) above, except that if the Contractor /SUbgrantee has failed to submit his claim within the time prevailed in paragraph (o) above and has failed to _ west extension of such tome, he shell have no such right of appeal. In site case where the Prime Sponsor's Contracting Officer has made a deter - mination of the amount due under paragraph (c) or (e) above, the Prime Sponsor spell pay to the Contractor /SUbgrantee the following: - (1) if there is no right of appeal hereunder or if no timely appeal has - been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgraotee under this clause there shall be detected (1) all unlrquideted advance or other payments theretofore mode to the Contractor /Onbgrantee, applicable to the terminated portion of this contract /subgrut, (2) any claim which the Prime Sponsor may have against the Cantractor/SUbsrantee in connection with this contreet /sub- znt3 and (3) the agreed price fo r , or the proceeds or sale of, _ � ma trials, i other things acquired by the actor /SUbgrantee0 pur- suant to the provisions o clause and not otherwise recivered ba or credited to the Prime Sponsor. (h) In the a nt•al termination, the portion of the fee - s payable with respect to t e .he work under the continued portion of thnvc_ contract/suhgrant shall be equitably adjusted by agreement betas.. the Contrector/Subgrantee and the Prime Sponsor's Contracting Officer, end such adjustment shall 00 evidenced by an amendment to this corMract/sub- grant. (i) The Prime Sponsor may from time to time, uelder such terms and conditions as at may prescribe, meke partial payments and payments on account against costs ineurred by the Contractor/Subgrantee in connection with the terminated portior of the coutract/sabgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall to within the amount to which the Contractor/Subgrantee will be entitled hereunder. If the total of such payments is an excess of the amount f0003Oy determined to be due under this clause, such excess shall be Pryable by the Contractor/Subgrantee to the Primo Sponsor upon demand. together with interest computed at the rate of 6 percent per annex, for the period from the date ,0010 e.00001 payment is received by the Contractor/Sub- grantee to the date on which such excess is repaid to the Prime Sponsor: Provided, however, That no interest shall be charged with respect to el, such excess payment attributable to a reduction in the Contractor's/Subgrantee's claim by reason of retention or other disposition of 5000000t100 000000000' , until ten days after the date of such retention or disposition, or such later date as determined by the Prate Sponsor's Contracting Officer by reason of the circumstances. (J) The provisions of this clause relating to the fee shall be in- applicable if this contrast/subarant does not provide for paymert of 0 fee. 8. TERMINATION FOR CONFER:Et. The provisions set forth in this clause 9b shall govern in lieu of clause 9a should this contract/subgrant be for experimental developmental or research work and the Contractor/Subgrantee is an educational institution or other nonprofit institution on 000-fee or no-profit basis. (1) The performance of Work under this contract/mit:grant maybe terminated, in wnole or 0,000 010, to time in part by the Prime Sponsor whenever for any reason the Prime Sponsor's Contracting Officer shal deter- mine that such termination is In the best interest of the Prime Sponsor. Termination of Cork hereunder shall be effected by delivery to the Contractor/ ...grantee of a Notice of Termination specifying the extent to which per- formance of work under the contracrysnbgrant is terminated end the date aqmen which such termination becomes effective. (b) After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel his outstanding commitments hereunder covering the procurement of msterials, supplies, equipment, and miscellaneous items. In addition, the Contractor/Subarantee shall exercise all reasonable diligence to accomplish the cancellation or diversion of hos outstanding commitments c ering person services and extending beyond the date of such termination to toe extent tha the, relate to the performance of any work terminated by she notice. O th respect to such canceled cormrtments the Contractorrs arising agrees to (1) settle all outoottging liabilities and all claims a sing o such cancellation of commitments, with the approval or ratification of the Price Sponsor's Contracting Officer, to the extent he may require, which approval or ificatron shell be final for all purposes of this clause, end (2) assign to the Prime Sponsor, In the manner at the time, end to the a ent directed by the Prime Sponsor's Contracting Officer, all of the right, title and interest of the Contra r /Subg ee under the orders end subcontracts so terminated, in which case ee the Prurs, rme Sponsor shall have the right, in its discretion, ta'settle or pay any or ell claims arising out of the terminatio of such orders and subcontracts. • (c) The eeitractar /Snbgrentee shall submit his termination claw, to the Prime Sponsor's Contracting Opposer promptly after receipt of a siotrce of Termination, but in nt later than one year from the effective date thereof, unless one mare extensions in writing are granted by the Prime Sponsor's Contracting officer upon written request of the Contractor /S d- grantee within such one -year period or authorized extension thereof. Upon failure of the C ®tractor /SUbgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to y review required by the acting agency's procedures in effect as the date of execution of he this him, amount, determine, an the basis f of Information by available to him, the am unt, 1f any, due to the Contractor/ Subgrantee by reason of the termination and shall thereupon pay to the Contractor /Sdgrmtee the amount so determined. (d) Any determination of casts under paragraph (c) shall be governed by the cost principles set Iorth in the ALLOSASLE COST, Fd]OT FEE, Apo PAY_ MOOT Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any revie w required by the Prime Sponsor's contracting agency's procedures in effect of the date of execution of this contract /subgrant the Contractor/Subgrantee and the Prim_ Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason f the termination under this clause, which amount may include any reasonable cancellatoon charges thereby Incurred by theeCOntraepiereuoel services any reasonable he is lass upon out- standing comerer, s far personal services which be is unable to cancel: Provided, however, That ih e onnection with any outstanding commitments for personal services which the COatrantor /SUbgrantee is unable to c ce1, the Contractor /SUbgrentee shall have exercised reasonable diligence t _- s commitments to his otner activities sodeoperations. Any such tdro _ shall b bodied v endaent to this contract /subgrant end the Con em� tractor /SUbgrantee shall be pool the agreed amount. (f) The Ptme Sponsor may from time to time, under such terns and conditions as it may prescribe, mcdat partner payments against costs -red h`- tle Co ^tractor /SUbgrantee in c with the terminated portion of this contract /subgrant whenever, i iopinion of the Prime Sponsor's Contracting Officer, the rootteatenofhsuch payments within the amount t Mach the Contractorho en antee will be entitled hereunder. If the tot_ n such payments is in a of the amount finally agreed or determined t be due under this clause, such ex shall be payable by the Contractor/ o Subgrantee to the Prime S rest thereon Provided, That i such e.c_ss upon Is not so paid upon demand einterest thereon shall be payable by the Contractorantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /SUbgrentee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and stems which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Hatervnls or equipment produced or in process acquired in connection with the performance of the work t tad by the notice. Other than the above, a termination inventory resulting from the terrenation ny of the contract /subgraat may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /SUbgrantee u - the conditions prescribed by and at a price or prices approved by the Prime Contracting Officer. The proceeds o such disposition shell be applied i reduction of any payments to be made by the Prime Sponsor t toothe contractors price under this ecooeret /subgravt o shall otherwise be credited to the price or cost of work covered by this contract /subErant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the c or /SU agrees to tale such action as may be n ry a, o as the Prime S Contracting Officer may direct, for the protection an preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or mey acquire an interest. - 9. CO SeoUi01ON PIN BUILDING HEHABILITATIOO Tne subcontractor shall not expend Federal funds for construction and wlding reTabclitation without prior approval. of the Prime Sponsor's Contracting Officer. Any projects approved hY the heParteeet of Lobar and toe Prime Sponsor shall be administered under theguidelines of A -102 end parts of Paragraph IV, applicable to construction procurement. . L'_STIIIC OF HTLO0T3rT OdM00C5 (This clause is applicable pursuant to 41 CFA 50 -250 if this contract is f (2,500 or more.) for (e) The Contractor agrees, in order to provide special scpbasis to the employment of qualified disabled veterans and veterans of tie Vietnam c that all suitable employment openings of the contractor -which exist at -__ of the execution e: this contract and those which occur during the performance of this contract, , including those pot by this contract and including x those occurring t an establishment other than the o n wherein the contract is being p0,50,0ed but excluding those of independentlyeperated corporate 04005t. shall be offered for listing at an appropriate local office cf the State employment service system wherein the opening occurs and to provide s n to such local office regarding enpl act openings and hires as may bs required, That if this contract is r less than $10,000 o if it is -+ith a not c 0001 goveramentntoe z ports set forth in psraerepns (c) and a) _ (b) Listing of employment openings with the emploment service system pur- suant to this clause shall be made at least concurrently with the use of soy - other recruitmentservice o effort end shall involve the normal obligations Fnich attach to tee oplacing rof a bona fide This order, including the acceptance of referrals 00s of veterans an n _veterans. This listing of e_ploymente__ doss t require the hiring of anj particular ,job applicant or from arc, O0550o group not dub applicants, end nothing herein is intended to relieve the Cent o ihiem , Fxech`aicnorders, or reyvlaticros r _ _ __ nondascrivanatiom in enplgjrent statutes, (c) The reports required by paragraph (a) of this clause shall include, :._m not be Booted to, periodic reports which shell be filed at least quarterly Y_:= the appropriate local office or, where the Coatraeter has core than o^^ - cab"_e-a- neat in a State, with the centrel office of the State employment service. duce. reports shell indicate f each period, (1) the number of i `0- g the reporting e , (ii) the number of those hired who were disabled veterans, and (ia1)tne of those hared who w pads =_SSe3 c ofveterans of tie each e- The co-tractor shall ,tacit a repo,. 00 m 30 fees after the uh reporting period wherein any t,eoperformance is ma this ,-e Contractor 50011 _ __ __ _ of tee reports s•.tstved _ - l yez^ a- anal 001 =0 1 under - the en or during time trey shall en he ride available, u request, for a nation by any nsathor .._. representatives of .ne _a.. g .facer of tie Secretary of (d) a Contrectornbecomes c actually bound by the list,: 0- vasior, ofe this tclause, he .ail ed,ise the employment service State wherein he has establ0snnents of the n and location of each sh _ los'hment an the State. As long us the co rtor a contractually Donna estate t e pro,isions and has so advised the St.cate employment system, there is�ro . - -_d to advise the State system of subsequent contracts The Contractor., advise the State system rhea It is no longer bound by this contract clause. (0) This claihe do, not apply to the listing of employment openings which occur and are filed outside of toe 50 States, the Distract of Coluabia, the Commonwealth of Puerto Rico, GUAM, and the Virgin Islands. Cr) 0000 010000 does net apply to operant. vnich the Contractor proposes to fall from within his owl organization or to fill pursuant to a custo=ry and traditional employer-union hiring arrangement. Th.s exclusion does not apply . to a particAler opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (g) As used in this clause: Cl) "All suitable employment openings. includes, but is not limited to, openings which occur in the following job categories: Production and norprem.`zon; plant end office, laborers and recnanics, supersiso, and nonsuperudsory, technical., and executive, administrative, and profession. openings which are compensated on salary basis of less than 010,000 000. year. The term includes employ- ment, temporary employment er more than 3 days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill fn000 within biz own organization or to fill pursuant to a customary end traditional employer-umunm hiring arrangement. (2) “Appropriate office of the State employment service systme means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- stealth of Puerto Rico, Guam, and the Virgin Islands. (3) vOpenings which the Contractor proposes 00 0011 frost within bls oum organization'. means employment openings for which no consideration will be given to persons outside the Contractor's otm organization (including any affiliates, subsidiaries, end parent companies), and includes s:ly openings which tie C 10020000 11 fill from regalarly established vrecall0 or "rehire lists. Cl) '3penings which the Contractor proposes v ° . to 1111 pursuant to a. castomary and tratiitional arployer-yrica hiring arrangement'. means employment openings for wrich no eonsideratton 1111 be given to raersoms outside Cr a special hiring erre-gement, including openinps wnich the Cootioctor proposes to all from un-ct whin* is part of the customary ard traditional ldrirg relationship unica exists between the Contractor and representatives of hie employees. (5) ')1sabled veteran.. reans a person entitled to disability compensation under leas administered by the Veterans Administration for a disability rated az 30 perrenrant or more, or a person whose diuctlarge or release from active duty vas for a disability Incurred or aggravnted line of daty. (6) 'feteron of the Vietnam e a person (A) cho.(0) s active duty oath the Armed Forces f read of core than 100 days, sera cm pert or :hick o after Aug,. 5,0195h, and was discharged or release, therefrom can otherPtnnn a disnanorable descharde, or (ai) was discr_r0ed or released free octave duty for se 0=cted 3lsatnlitf if any pert of such duty c Perforsed a August 5, 196h, ant (0) c a discharged or released avlthin the 48 months preceding has opplicbaonwfor employment co _ -•- thls clause. (h) • any dieabi.d veteran o of the Vietnam era believes that the Contractor (or an-. first -tier eubcontrector) has _failed or s comply t: the provisions of this contract clause relating to giving special emphesds in egploysent to veterans, such veteran say Sale a onploint with the veterans. employment xtive at aelocal State employee office t will attempt to 500ornally resolve the ca mint and taco refer the compliant with a port on attempt to resolve the matter to the State office of the Vetervoe' F_alogment Service of the Department of Labor. Such camplaart shall then be promptly referred thee..gh the Assistant Pouch 0l Director for le r to the Secretary c Labor o lOSS investigate uch complaint an hallpt take action as thet£ acts end circumstances v consistent with the cterms of this contract and the less and regulations applicable nthereto. • (i) The Contractor mgr s to plat this clause (excluding this paragraph (_) n any subontract directly r under thee contract. 11. Dcc ^lIATIORS Under the most caspellang carcumstances such as situations where the needs of the Government cannot reasonably be otherwise supplied, there lasting of employment openings would be contrary to national security, or Sr where the re- quirement of listing would otherwise not be in the best interests of the _ vthe Set, a deviation from subpart may be made, subject to the approval f the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for 0 000,er, U.S. Department of Labor, Federal 5002. ng - U.S. Cp rthouse, 1100 Commerce Street, 7th Floor, Dallas, Texas 75202, wherein the contract as to be signed, and shall set forth the reasons for the request. 12. DISCUTTS Encept as otherwise provided in the contract/subgrant, oar di Ott concerning a question of fact arising under this eontract/sabgrant which is not dispossd of by agreement shall be decided by the Prime Sponsor's Contracting Officer, vho shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor/Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final end conclumve unless within 30 days from the date of receipt of such copy, hoe Controctor/Subgrantee rails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Primo Sponsor. The decision of the Prime Sponsor's Contracting Officer for . the determination of such appeals shall be final and conclusive 'unless deterraimed by a court of competent jurisdration to have been fraudulent, or cpricious, or arbitrary, or so grossly errooeous as necessarily to haply bad faith, or not supported by substantral evidence. In connection 50th any aypealproceedang under this clause, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently lath the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. S. This 'Umsputes'' crease does not preclude consideration of ley questions in 0000e00500 00th decisions proAided for in paragraph (a) above: Provided, That nothing in this contract/subgrant shell be construed no making final the decision of any admanastrative official, smpmesentative5 or board on a question of lay. 13. SUBCONTRALTLYS , , • The subcontractor shall obtain written consent of the Prime Sponsor prior to mdmontracting any parts of this agreement. The Contracting Officer - may, in his discretion, ratify in yriting any such subcontract, such action shall constitute the consent of the Contracting Officer as required by tots paragraph. lb. 00090 ACTIONS The subcontractor agrees to gave the Prime Sponsor immediate notice no 1,1,, Of any actions or suits filed end prompt notices of any claies made against the Pine, Sponsor, the subcontractor, or any of the perties involved in the implemoritation end nimsnistratson of the CET/ Program. 15. ORDER OP PRECMIZOP. Is the event there are inconsistencies or confalets In the grant and/or contract, unless otherwise proeided, thereon, the anconcsisteneles shall ha resolved by giving precedence in the following order: 1. The Act (PUblic Law 93-203, 87 Stat. 839) 2. Toe regulataons as arproVed by tbe Secretary of Labor 3. Special Clauses 4. A-102 5. 2-67 6. The Co=prehensive thopover Plan as stated in the grant as aPPlIcable to each title. 16. DOTIoNs or TDB 13.0721913 BOARD The contractor agrees to abide by the provisions of the following motions passed by the Executive Board of the Coastal Bend Manpower Consortium on June 13, and June 17, 1974: (a) That each program that is approved have an approved wage scale derived from a comprehensive wage study coaducted in their area and also that each program have an approved affirmative action plan. (b) That out-of-area travel shall nat exceed $25 a day, not including traVel. -40- STANDARDS OF PERFORMANCE The Corpus Christi Independent School District will perform according to the rules and regulations as set forth in the Federal Grant Applica- tion in substantially the same form as outlined in the hereto attached Assurance. and Certifications and Special Clauses and according to the rules and regulations established for Title II under the Comprehenaive Employment and Training Art. BBPPORTNE nocun¢rss 1. Bonding Requirements 2. Cash Depositories 3. Advanced Payments Approval Form 4. Agreement fora Special Bank Account 5. Insurance Requirements 6. Certification o£ Accountability -42- BONDING REQUIREMENTS INSTRUCTIONS 1. The Contracting Officer has the responsibility and the authority to determine if the subcontractors have adequate fidelity bonds to cover losses of the federal funds in case of misuse by the subcontractor. 2. If the eubcontractor is a unit of local government or an instru- mentality, normally, additional bonds would not be required. It is the Contracting Officer's responsibility to review and assure himself that the subcontractor is in compliance. 3. Non-profit organizations historically do not have adequate bonding protection. These should be reviewed very carefully as non-profit organi- zations have limited sources of funds and if there are audit exceptions and the funds are not available, the Prime Sponsor will be held accountable and responsible for these losses. -43- BONDING 1UeoulH2nHUxs 1. Persons authorized to sign checks and withdraw lands from Special Hank Account: 2. A copy of bond covering the above listed individuals. -44- CERTIFICATION FOR CASH DEPOSITORIES A-102 - ATTACHMENT A - Paragraph 3 The undersigned hereby certif ies that. sAny moneys advanced to the State or local governments which are determined to be spublic moneys.' (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 ',S.C. 265. BANE USE GRANTEE UNE Bank Name Grantee's Name (Signature) (Date) (TYPe OaMe) (Title) (Signature) (Date) (Typ. Oar.) -45- (Title) AUTHORIZATION FOR ADVANCE PAYMENTS I hereby find that: The City of Corpus Christi and, Contractor: Corpus Christi Independent School District Address 801 Leopard Street, Corpus Christi, Texas 78403 Contractor proposed to _ have entered into negotiated Training the performance o Comprehensive Employment and Training Act under Public Law 93 -203, 87 Scat. 839, dated February 15, 1974, as follow.. TITLE I TITLE III TITLE II TITLE IV OTHER In compliance with Public Lew 93 -203, 87 8 t. 839, dated February 15,1974, 74.91 96.51 - Payments: Advance payments will be made by either a letter of credit or y check. DETERIINATIONS Upon the basis of foregoing findings, Z n hereby d that the making of the proposed advance payment without interest is in the public interest. ATTEST. City Secretary (Signature) R. Marvin Townsend (Type Name) Contracting Officer (Title) Approved Approved: City Attorney Director of Finance NJTRORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in 505 505 of $8,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the administrative unit iu conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the GomprehensiPe Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the administrative unit documenting prior expenditures and anticipated expenditures not to exceed 45 deP9' the first day of which shall be the first day of the month in which the re- port is due. All initial and subsequent advance payments will be made without interest. I hereby determine that the making of such advance payments without interest is Sn the public interest. DETMTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (22) of the total Scent will be withheld pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the audit. Attest R. Naryin owneend Contracting Of ficer City Secretary PGROGREtAS FOR SPECIAL BASK ACCOUhf Instructions to - rontr Submit origael 2 co Sign oniganl. Carona signature on cop The(' Cocas Christi Independent School District here-near, referred to as the Subcontractor; the Ida of locel government hereinafter called the Price Spasm- and , banaang corporation located at hereinafter referred to as the Bank, hereby mutually agree as follows: 1. As a ccndition to the raking of advance or supplemental payments under the Contract/Grant Ito. dated between the Subcontractor and the Prime Sponsor, arnants e0000ceo to the Subcontractor by the Prime Sponsor shell Sc deposited Sc the account established at the bank, desxgnated as the Special Bank Account,. hereinafter referred to as the Special Bank Account. 2. The Book Be "sneered0 within the meaning of T. Federal Deposit Irsuranc corporation Act (Oct of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 261 3. The Bank-W.11,e bona by the provisions of the Contract/Grant referred to in paragraph nabered 1 above, insofar a the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Book Account except by persons named in said contract/grant as authorized to incur and pay costs on behalf of the sacontrata but shall not be responsible for the application of funds withdrawn from the account. 4. The Prime Sponsor shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supplemental paymente made to the subcontractor, which lien shall be superior to ay lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the Prime Sponsor or his duly authorized representative, the Bard shall act thereon and shall be under no liability to any party hereto for any action taken en accordance with such . written directions. 6. In the event of the service of any writ of attachment, levy, or execu- tion, or the commencement of garnishment proceedings with respect to the Special Pak Account, the Badt will promptly notify the Prate Sponsor. 7. Authorized representatives of the Pane Sponsor shall have access to the hooks and records maintained by the Bank with respect to such Special Edda Account at all reasonable tames and for n11 reasonable purposes, including, but not limited to, -Um aspectia or copyang of such books and records and ay and all memoranda, areas, correspondence or documents appertaining thereto. Such books and records shall be preserved by the Bank for apex,. of six (6) years after the closing of this Special Bank Account. -48- 8. All moneys deposited in the ecial Hank Account are public moneys subject 65 U take all t necessary cmeasu otqualify with Section 265 Secretary of t kTreasuryta depository of publicamoney and t satisfactory a rity by he0deposit of United States bonds a otherwise ,pfor tthe safekeeping eand prompt payment of the aforesaid public moneys as gred by the regulation of the Secretary of the Treasury and Title 12 Section 265 U.S.C. IN WITNESS WHEREOP, the parties hereto have caused this agreement to be executed as of the last day of signing set forth below: BANK USE BANE COLLATERAL B NKN HE HANK COLLATERAL required, based upon estimated m maxim/ bank 0,000),, (excLUd- ing FDIC .overage of $60,000), is HIGN.ATDAE ➢AT¢ Typo NAne TIT E SOHCONTRACNA USE RE P ONTO AINS SPR SUBCONTBACTOA'S NAME Corpus 0555,55 Independent School District SIGNATURE (DATE SIGNATURE E TYPE NAME R. Narvin Townsend YPE NA B Dr. Dana Williams perintendent INSURANCE REQUIRMUBTS INSTRUCTIONS 1. Insurance requirements must be in compliance with A-102, Attachment B, and the Act. 2. The Workmen's Compensation requirement in the assurances must be complied with as this is applicable to the Prime and all subcontractors/ grantees. 3. Other insurance requirements under States and units of local Government shall be used as guidance in compliance with the Act. ( • DOTI OF DIFCUTIO4 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH M THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT M INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND HASS THIS OROI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CI OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE,,LLOHING VOTE: , JASON LIMY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL Bop CuLL„ GABE LOZANO, SR. EDWARD L. SAMPLE THE /MOVE ORDINANCE GAS PASSED By THE JASON LUDY DR. BILL TIPTON EDUARDO DE ANts Hu... C.A. BOB GULLEY CANE Loy., SR. EDWARD L. SAMPLE LOWING VOTE: