HomeMy WebLinkAbout13910 ORD - 08/31/1977JIUi:vmr ^8- 30 -17; lst
TEXAS:
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
RELATED DOCUMENTS WITH THE CORPUS CHRISTI"STATE SCHOOL,
MARCH OF DIMES AND THE UNITED SERVICES ORGANIZATION, INC.
FOR 15 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE
VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF
1973 AS MORE FULLY SET OUT IN SAID CONTRACTS, COPIES OF
WHICH IN SUBSTANTIALLY THE SAME FORM ARE ATTACHED HERETO
MARKED EXHIBITS "A" THROUGH "C" AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE•CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a contract amendment and all related documents with the Corpus
Christi State School, March of Dimes and the United Services Organization,'
Inc. for 15 public service employment positions under Title VI of the
Comprehensive Employment and Training Act of 1973 as more fully set out in •
said contracts, copie's of which in substantially the same form are attached
hereto marked Exhibits "A" through "C" and made a part hereof.
Section 2. The necessity to authorize execution of the aforesaid
documents in•order that,additional public service employment positions may
be filled at the earliest practicable 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 intro - s
duction 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 aixd that this ordinance take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 31" day
of , 1977. MICROFILMED
ATTEST:
City Secretary
APPROVED:
( DAY OF AUGUST, 1977
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant jat/ Attorney
JUL 071980
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in effect and
force with or without the
signature of the Mayor, in {
accordance with Article II
Section 6 of the City Charter.
13910
CETA CONTRACT
CORPUS CHRISTI STATE SCHOOL
TITLE VI
TABLE OF CONTENTS
CONTRACT SIGNATURE SHEET Page 3
PROGRAM SUMMARY Page 4
PSE OCCUPATIONAL SUMMARY Page 5
PROGRAM NARRATIVE Page 6
CETA PROGRAM PLANNING SUMMARY Page 9
BUDGET INFORMATION SUMMARY Page 10
PROJECT OPERATING PLAN SUPPLEMENT Page 11
PROJECT COMPONENT BUDGET Page 12
ASSURANCES, CERTIFICATIONS AND SPECIAL CLAUSES Page 17
AVAILABILITY OF FUNDS CLAUSE Page 45
STANDARDS OF PERFORMANCE Page 46
SUPPORTIVE DOCUMENTS Page 47
_2 -=
._.� _— LUiw LULU hU
CONTRACT SIGYATURE SHEET 160 -8550
PIODIFICATION N0_
'GRANTOR (Program Agent)
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78408
CONTRACTOR
Corpus Christi State School
P. 0. Box 9297
Corpus Christi, Texas 78408
This contract is entered into by.the Program Agent, hereinafter referred to
as Grantor and the Corpus Christi State School hereinafter
referred to as Contractor. • .
The Contractor agrees to operate a Comprehensive Employment and Trraining Program
in accordance with the provisions of this agreement. This contract consists of
this sheet and such general and special assurances as are included herein
(See Page 2) -
A. OBLIGATION •
• (1) The total estimated Federal cost of the CETA FY(s) - .
1977 program is .$ 24,70o as
reflected in Section. E, f, Line 7:of "the•Budget Information
Summary. ;This estimated cost will cover. the.peiiod _ .
September 1, 1977 to November 16, 1977
"•(2)-Funds obligatied by -the Program Agent are• -
$ 24,200
September 1, 1977
These funds -cover the
to November 16, 1977
B. MODIFICATION . --
(1) This modification %7increases %7decreases %)does not change
the funds previously obligated by •
to a total obligation of $'
(2) Description of Modification
C. TITLE AND FISCAL YEAR - .
The total funds obligated for this contract by title and fiscal year aret -•
' fiscal Year . Title I Title II Title VI TOTAL. .
1971 stimulus S24,200 $24.200
TOTAL
$24,200 • $24.200
APPROVED FOR THE CONTRACTOR
By:- Dr. Gary Sluyter
APPROVED FOR THE GRANTOR
By: W. Marvin Townsend, City Manager
(Signature) (Date) (Signature) (Date)
ATTEST:
City Secretary
APPROVED:
day of ,1977
City Attorney
By: Jason Luby, Consortium Chairman
Mayor
APPROVED:
Director of Finance
T •
1
PSE PROGRAM SUMMARY
1
1. CONTRACTOR LIAISON OFFICIAL
Larry Corder
4. CONTRACTOR
DISTR1BUT
ION OF FUNDS
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
Corpus Christi State
School
State
City of Corpus
Christi
10. TOTAL
11. OTHER ACTIVITIES
2. CONTRACT NUMBER
]60 -8550
3. TITLE VI
AD JOBS
'8.NO. OF
9. FUNDS
JOBS
12
$24,200
12
$24,200
12. TOTAL
-4-
$24,200
PSE OCCUPATIONAL SUMMARY
1. GRANT NUMBER
160 -8550
2. CONTRACTOR
Corpus Christi State School
P. 0. Box 9297
Corpus Christi, Texas 78408
3. OCCUPATIONAL TITLE
NUMBER
OF JOBS
CETA MO.
WAGE RATE
JOB
DURATION
TOTAL
WAGES
(A)
(B)
(C)
(D)
(E)
CORPUS CHRISTI STATE
SCHOOL
SPECIAL PROJECT POSITIONS
Therapist Technician
'12
$743
30
$22,290
4. TOTAL
12
MOMMEMEI
-5-
30
$22,290
PROGRAM NARRATIVE
A. Public Service Employment participants employed through the Title VI
Special Projects of the Comprehensive Employment and Training Act of
1973 will be recruited and employed consistent with the Rules and
Regulations as published in the Federal Register, May 13, 1977, Volume
42, Number 93. Special project positions will be used to accomplish
specific tasks not to exceed 12 months as reflected on the attached Project
Data Summaries incorporated and are made a part of the Program Narrative.
B. Recruitment for position vacancies will be initiated by the Contractor
through the Texas Employment Commission, its own facilities, as well as
any other appropriate referral agency. Eligibility certification of
applicants will be consistent with a form prescribed by the Program Agent.
Selection and hiring of applicants certified as eligible for Title VI'
program participation will be conducted by the Contractor.
C. To insure, as specified in the Act, that individuals from certain groups
receive special consideration for employment under the Title VI extension,
all vacancies will be listed with the Texas Employment Commission.
a -
D. Monitoring of the program will be the responsibility of the Contractor
and is also subject to monitoring by the City of Corpus Christi as the
Program Agent.
PROJECT DATA SUMMARY
Project Number
160 - 8550 -01 -26
Contractor's Name and Address
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78408
2. Project Agency and Address
Corpus Christi State School
P. 0. Box 9297
Corpus Christi„ Texas 78408
Name of Project
Communication on the Way
rpose of Project and Brief Description of Work to be Performed
•
Title VI special project would provide diagnostic and training in communication
'_skills for Corpus Christi State School clients who'preseatly cannot communicate . •
due to physical and mental disabilities. Project employees will also be provided
with direct training and supervision.in the area of communication skills by a .
Certified Speech Pathologist.
•
Number of Participants to be Employed in Project*
5.• Operational Dates.'
• a ,
• 3 From: Sept.l 1977
♦nvn •
To :Aug . 31 ,1971
rroJsLL
ucational
ruv...ia.
uo...,.....�
•Eealth &
Hospitals
....�....
g
• ._- —r-c
Transporta-
ion -
G
Environ-
mental
Creative
Arts -
•
Recreational &
Parka
-
w
forcemeat
Social
Services
Fire-
Protection
Public
Works
Housing
'k
Other.
(specify) ,
Principle Public Service Job Title (s) and Average Annual Wage (s) **
PS Job Title •
Aver. Annual
W
PS Job Title
Aver. Anm
Wage
Therapist Technician(3)
$ 8,916
-
$
.
$
•
$
$
$
$
•
$
Do not include anticipanted turnover
-7-
PROJECT DATA SUMMARY
• Project Number
160- 8550 -02 -27
•
Contractor's Name and Address
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78408
2. Project Agency and Address
Corpus Christi State School
P. 0. Box 9297
Corpus Christis Texas 78408
Name of Project
Physical /Recreation in Mobility Education (PRIME)
irpose of Project and Brief Description of Work to be Performed
Special project would employ an aide training program in the areas of occupational,
recreational, physical and speech' therapies for handicapped clients at the Corpus
Christi State School. •The project would provide innovative treatment techniques .
to prevent the loss of mobility potential through physical education training of .
clients. .
•
Number of Participants to be Employed in Project*
9
5. Operational Dates
From: Sept.1,1977
To: Aug.31,19
Project Yublic Service are
s . t--a-- ap•roErxate ooses, .
Lucational
PS Job Title
•Health &
Hospitals
X
Transporta-
ion
Environ-
ment.
Creative
•herapist Technician
• ecreational &
$8,916
iv
:forcement
$
Social
Services
Fire'
Protection
$
Public '
Works
$
Housing
Other.
(specify)
$
age Annual wage (s
r -v
• PS Job Title
Aver. Annual
W
PS Job Title
Aver. Ann
Wage
•herapist Technician
(9)
$8,916
$
'-
$
$
$
$ -
•
$
Do not include anticinanted turnover
-8-
Corpus Christi State School 'CSTA PRDGRi'•I1 T::ANNING SUMMARY.
P. 0. Box 9297 c. GRANT v A t
Corpus Christi, Texas 78408 -I' From To
November 16, 1977
160 -8550
7
0
• 100 IIEGIONAL OFFICE USG ONLY
GOUT IIACT KEY t) MOO.DATC
.,September 1 1977
0. i
dz
hr[
Z
O
L
3
O
,MU 00 VY rr'
7
617
639
2:111.1.7 oit130
10 171' It 22
23 2. 20 A
2
a
21.11
0. TYPE OF PROGP:A37
1. 0 7111e I 3. 0 71110 111 070011y;
2. 0 Tale II d, T1117 VI
INSTRUCTIONS FOIL COMPLETING LCIIONS 1. II, ANO 111
See. l: A (Total Enrollment') 11 the turn of 6.1 and A.2. 0 (Total TerminJnanl) a the sum of 11.1 through
. 0.3, C (Planned Enrollments) Is A minut A.
Sec. Its Enter In line (a) t1104menla In each program acIlvlty cumulatively through the grant year, and in EA,
(b) the numpgr of participants planned to be enrolled In each program activity at the end of each
. quarter; participantr who ate concurrently enrolled in mote than one activity should be counted In each
activity In which they are enrolled.
Sec: III, Enter the cumulal(ee number of parlldpanta in eaeh segment to be enrolled during the gear: year.
Participants should be counted In as many significant segment groups al are applicable.
• I. ENROLLMENT AND TERMINATION SUMMARY
- GRANT YEAR•TO•DATE PLAN -
IV. .0TH R ACTIVIT ES
Mere enee 11F1 -
Indicate other aetivities or special progr33111 on mach.
mint. Describe their objectives and list milestones
,.'toward their echicvenlam In a quantitative Or narrative
presentation.
•
.
,
-
•
.• nEPOnT
G PERIOD
A. TOTAL
NROLL•
MENTS
1. Enra11'
menu
nil r.
2•Parllel•
pants Carru
Over
0. TOTAL
TERNINA•
TION1.
1• Entering
EmWOymn
1.01ml
Remit.
b• Incited
Plcmts.
e
e. ODlaineo
PJno'oymm��r
a
2. Diner
Positive
e
3• NOD.
ooslllve
e
C. PLANNED
p�AOLLJ.IE, \T.
rcnd o/ 0•
C
l
..
0
9 7
0 7
7
1
1
1
1
1
27 7
12
12
0
1
1
1
1
•
1
I
• .J
t.
el T :ill PJnudmenls
0
7 7
7
17
•• '
3
31 CY,e"n• 00,61100
1
2 7
C
1
17
J
7
41 14141 L'nrclimenla
0
3 7
1
232:
23t24 20
26
31"
3G
41 • •
40' ..
51 1
56 • t
dl '
GG
71
7G
• 1
7 3
II. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES
IV. .0TH R ACTIVIT ES
Mere enee 11F1 -
Indicate other aetivities or special progr33111 on mach.
mint. Describe their objectives and list milestones
,.'toward their echicvenlam In a quantitative Or narrative
presentation.
•
.
,
-
•
• •
A II 0
C
0
E
F
CLASSnoom TRAINING
On•Ihe•Job
1,3101ng
Pub. 54N01
an
U olay d
Worse
E3l76 Ienee
Other
60110131ca
Alma Soon
Vac. Ed.
P
2
+1 Total Enrollmenll •
0
0 7
7
fel
lc)
17
.. ,
I •J
3
at CUlrenlly Cn,01110
0'3
7
7
19
• .J
el T :ill PJnudmenls
7
2 7
7
17
1
3
31 CY,e"n• 00,61100
1
2 7
7
17
J
7
41 14141 L'nrclimenla
0
3 7
1
• C
3
D1 C3•Ilnl1•/ 011,61100
0
3 7
J
G
7
el 10ta1 Lmnl;mclts
0
0 7
D
3
01 Cuerenlly Enrolled
0
0 7
= 3
a 3
- •
2 2:
2: 20.25
76 •
31.
36 •
41'
4r •
01
•
Ill, SIGNIFICANT SEGMENTS
S.C1lIFICAN7
SEGMENTS
GRANT YEAR•TO•DATE FLAN
SIGNIFICANT
SEGMENTS
GRANT YCAR•T0.OATE PLAN
9/30
12/33
3/33,
6/30
91:0
1 2/3 1
7/31
0/30
Ial
Ibl
lei
•
ON
Ill
fel
lc)
lot
.. ,
A Unemployed
12
12
F
0
0
C .
11
-
74* 1.1,10
r&nr. 1010
O
.
1
C
J
OMO APPrOYht No.,44.111573
Ex IratIon MN 5/30/77
1. Prime Sponsor Obllgations
F. CUMULATIVEDUARTETT711LY PROJECT15704/5 Os Fs .0 RLIGATIONS AND
1 2 3 121 525024 2' 1 2 3 t o , 21 2- 23 24 2
n 111
26 26
2. Total'ilrojected Expenditures by Program .. 35 24,200 1! • 44 ,,,, 4,‘ •
4. Clat000rn Training, Prime Sponsor
On•the•Job Trainin)
EXPENDITURES
(For ()toner Ending)
1 2 3
0
22 2) 24
3
26
0
7
25
4,
44
53
c. Public Service Employment
d. Work Experience
r
2
71
24,200
e. Setekes to Participants
3
26
r. Other Activities
7••
4
.t;
62
11
3 2 3 20
G 4
773 3S
52
62
7I
1 2 3
a
35
20
3. Projected Expenditures for Vocational Ed.
to Special Grants to Governors
44
4. Projected Ea.pen.litures of Non.Fed. Funds
5. Other Fed. Fundr, Not In Prima Span. Pant
6. Grand Total • Projected Expenditures •
62
•1
10. •.3; 53
62
$24,200
44
3
62
71
1 3
3
.1 4
53
31
62
) 71
3
21 2- 2 24
111171
$ 9,600
25
9,600
9 .flfl
2G
35
44
62
71
9
,600
ETA 6.145 (Juni 1976)
■
•
A. GRANTEE'S NAME AND ADDRESS ,
. . . .
Corpus Christi State School
P. 0. Box 9297
Corpus Christi, Texas 78408
U.s. DCFARTMENT OF LADOR • ,
Employment 55f13'ttnina Adminlatzetlen
•
.
"BUDGET INFORMATION SUMMARY '
.
•
D. GRANT NUMBER
' 160-8550
.
C. TYPE OPROGRAM
P
2. c-ntlI: 3. 0 TTa III 4. tICTille VI
2. 0 TN. II (S1Nelfyi
D. FOR REGIONAL OFFICE USE ONLY
. . • .
•
CONTRACT KEY
MOD. DATE
/ • •
.
•
.1 •
.. •
0 • ,
,
:5•
h:
-g-1
4:t z
84
,
MM
DO
VY
1
6 7
515
31-.17
121;7114115
161.5115
10171
211-27123
274k
26127
2011;
20
c„..
1 2,
1 4 15
E. BUDGET SW. MARY COST CATEGORIES
a. GRANT PROGRAM
• FUNCTION On ACTIVITY
• ,
CST MATED UNEXPENDED FUNDS
NEW on REVISED OUOGET f. TOTAL
D. Fedmal.
4. No..F.d...1
d. F.d.4.1
.. Non•Feelerel
f4..-,...,,..,.....,..,,,
ri ,..3 ,,,
"7 1: Z
•ry ..01..1~,..i., 1...'",, '4
4".` 76,1/s.i-lri,iAt* ..,!tla. ,II
.•,
1,ITZ:ly'xeNrfAVic ..;;,
1,311a:);34:4,,),C1,.3.1--b•
1 2
3 21
26 •
rs,:i.• 1.4i ••••.,(. ,.;;::,-.•.•,.4.,).
-1,--in..
l'!g•Z'Ai03,..).;.tr•t.,.•. ".,-',;:::•;
1. Administration
G
2
,..-....X.,eai
1, 4)3, )
r, "
c':,:t,t.t.tW4',.1:1.0..,--.
.....ii .t........ .., , - -.•
2. Allowances
. 1. il
41- , •
'i: "l .,
,.; t: ...
Ts, 'A7•P••••:7A1.4,));)...
• , .F"-r--"---77., -
.3' 4 S.1.044-17.1:11,/,1X.:):::,1'
".....n., Z. :7.,;.. ri'N, -7
.r-
l',''
3.-
4 44
''. 53
$22 290
3. Wager
1,910
;;;;,,-.:::•;:vq..-..7.:.--',-1).........,,,
-
,--..-.---
.::,..• -.Y.-',,-•"
.........
4. Fringe Benellis
.
A 62
94.....
•• -vv
--.-.1...-.
5. Training '
0 erl. .11
Z: 411,--,:.,..14 IJ,
,,,31-3.:
$24,200
6.
"'
.3 L'isr..1O!, ),.loAll1:11.2.';
,',..t1Z± I. ,i_vr.., t,
•
Servkes -
7. To Olt
1 2 2
----
G 1
21 26
' i $24,200
.
1. Prime Sponsor Obllgations
F. CUMULATIVEDUARTETT711LY PROJECT15704/5 Os Fs .0 RLIGATIONS AND
1 2 3 121 525024 2' 1 2 3 t o , 21 2- 23 24 2
n 111
26 26
2. Total'ilrojected Expenditures by Program .. 35 24,200 1! • 44 ,,,, 4,‘ •
4. Clat000rn Training, Prime Sponsor
On•the•Job Trainin)
EXPENDITURES
(For ()toner Ending)
1 2 3
0
22 2) 24
3
26
0
7
25
4,
44
53
c. Public Service Employment
d. Work Experience
r
2
71
24,200
e. Setekes to Participants
3
26
r. Other Activities
7••
4
.t;
62
11
3 2 3 20
G 4
773 3S
52
62
7I
1 2 3
a
35
20
3. Projected Expenditures for Vocational Ed.
to Special Grants to Governors
44
4. Projected Ea.pen.litures of Non.Fed. Funds
5. Other Fed. Fundr, Not In Prima Span. Pant
6. Grand Total • Projected Expenditures •
62
•1
10. •.3; 53
62
$24,200
44
3
62
71
1 3
3
.1 4
53
31
62
) 71
3
21 2- 2 24
111171
$ 9,600
25
9,600
9 .flfl
2G
35
44
62
71
9
,600
ETA 6.145 (Juni 1976)
TITLE VI PROJECT OPERATING PLAN
SUPPLEMENT
E.
Number of Individuals Planned .
To Be Enrolled at End of Each
Month
III.
•
•
Cumulative Projected
Expenditures by Month
Sept 77' • 12
$ 9,600
•
Oct 77 12
'"
19,200
•
Nov 77 12
$24,200
•
TT
Yravinusly Emnloved by Same Employer
•
•
-11
/ / TITLE I
PROJECT COMPONENT BUDGET
/ / TITLE II IK/ TITLE VI
NAME OF CONTRACTOR OR SUEG°A TEE:
Corpus Christi State School
FUNCTION OR ACTIVITY:
Public Service Employment /Title VI Special Projects
(1) ADMINISTRATIVE COST:
AMOUNT
(2) WAGES: $22,290
•
(3) TRAINING:
•
(4) FRINGE BENEFITS:
(5) ALLOWANCES:
(6) SERVICES:
1,910
TOTAL AMOUNT $24,200
(1) ADMINISTRATIVE COSTS
BACK -UP SUPPORT BUDGETS
N/A
a. STAFF COSTS:
b. FRINGE BENEFITS:
c. CONSUMABLE OFFICE SUPPLIES:
d. PROGRAM EVALUATION:
e. ACCOUNTING SYSTEM: -
f. MANAGEMENT INFORMATION SYSTEM: _
AMOUNT
g. STATE MANPOWER SERVICES COUNCIL: N/A
h. PRIME SPONSOR PLANNING COUNCIL:
i. TRAVEL:
j. RENT:
k. UTILITIES:
1. CUSTODIAL SERVICES:
m. INDIRECT COSTS:
n. STAFF TRAINING:
o. TECHNICAL ASSISTANCE:
p. EQUIPMENT:
q. NATERIAL:
r. CAPITAL IMPROVEMENTS:
s. PUBLICATIONS:
t. AUDIT SERVICES:
u. OTHER: (Specify)
v. OTHER: (Specify)
w. OTHER: (Specify)
x. OTHER: (Specify)
SUB -TOTAL
-13 ==
-0-
BACK -UP SUPPORT BUDGET
(2) WAGES:
a. On- Job - Training:
b. Transitional Subsidized Employment:
c. Other:(Specify)
d. Other:(Specify)
(3) TRAINING: N/A
a. .Salaries:
b. Fringe Benefits:
c. Tuitions:
d. Entrance Fees:
e. Books:
f. Teacher's Aids:
g. Other:(Specify)
h. Other:(Specify)
AMOUNT
$27'90
Sub -Total , $22,290
Sub -Total
BACK -UP SUPPORT BUDGETS
(4) FRINGE BENEFITS:
a. Annual Leave:
b. Sick Leave:
c. Court Leave:
d. Military Leave:
e. FICA:
f. Life Insurance:
g. Health Insurance:
h. Unemployment Insuranc
i. Workmen's Compensation:
j. Retirement Benefits:
k. Other:(Specify)
1. Other:(Specify)
all insurance
Sub -Total
.;
(5) ALLOWANCES: N/A Sub -Total
Amount
$1,305
505
'100
$1,910
-0-
BACK -UP SUPPORT BUDGETS
(6) SERVICES TO CLIENTS: (N /A)
a. Child Care:
b. Health Care:
c. Medical Services:
d. Residential Support:
e. Assistance in Securing Bonds:
f. Family Planning:
g. Outreach:
h. Intake and Assessment:
i. Orientation:
j. Counceling:
k. Job Development:
1. Job Placement:
m. Other:(Specify)
n. Other:(Specify)
o. Other:(Specify)
-16
AMOUNT
-0-
Sub -Total -0-
Grand Total
$24,200
ASSURANCES AND CE_RTIFICATIOINNS
A. General Assurances
-1. The applicant assures and certifies that:
-7 a. It will comply with the recruirenents of the .
. Comprehensive Employment and Training Act (CETA) of 1973, as
.amended (P.L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stet-
- 1845 and P.L. 94 -444, hereinafter referred to as the Act,
. and with the regulations and policies. promulgated thereunder;
and
b. It will comply with O.:8 Circular number A -95 and •
'Federal Management Circulars (FMC)•74 -4 and 74 -7, as those:
circulars relate to functions such. as the utilization of
:-funds, the operations Of-programs, and maintenance of records,:„.."
•books,.,accounts, and. other documents under•the Act-.-
Z: The' applicant further assures and certifies that-if
the regulations promulgated pursuant to the Act are amended:':
or revised, it shall corals with them..-
3. - In-addition to the recuirements." of rand 2 above' and
'consistent with the regulations issued pursuant to the Act, -,
the applicant makes the following further assurances and
certifications:
a, It possesses legal authority to apply far the .'
. grant; that a resolution, motion, or similar 3 ar action has. been. -:
duly adopted or passes as an official act of the apalicant'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 additional information
as may be reguired'(sections 102(a); 701(a)(9) and (10)).:
b. It will comply with title VI and'VII of the Civil Rig
..Act of 1964, (P.L. 88 -352), and in accordance with title VI Icand V
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.other
wise subjected to discrimination under any program or activity
for which the applicant received Federal financial assistance
and will immediately take any measures necessary to effectuate
this agreement_
•
. c. It will cntply with Tice
(42 U 2000d) prohibitisg erploymmit
purpose of a grant is to provide
p�actL = s Wig
result ]32 unscual
benefiting fzaa the grant -aided activi
VI of the. Civil Rights Act of 1964, • .
ds =imination. when: (1) the pri zaary
to , or (2) r1i scrim_ ina-tory erploy; ant
h ar± of pe*scns who are or seuld be
vsty.
tv"o pe-son with resxinsibi i ties in the operation of any �+�� � t
der the Act will disc-in; iatic*.i with raspe✓t to any pram participant or
any application for participation in. such ch_ela because of race, creed,
cc1 =, national origin, sex, age, pc1i1- r l ?ffiiiatioa or beliefs (section
703 (1) arm 71Z) . - • .
• - e. • It will =ply with the re�iixe "ts of provisions of the
Unit -a= R.1r :tiaa Ass stax a and Real Prcre -:y. Pte =itaco Ptt of 1970
(P-L. 91 -646) which. rir'�s for fair and e = uitsble treat:c nt of pees
displaced. as a result of Fe w]. a* Fe Uy- assisted ^•0S.
f. It will c�iy with the • p rovisioms of the Batch Act -which limit
the political activity of eag+ . .
It will c r=ly with the re uir _mot tha.L. IY] pr gr� n 17"r7o,. the
Fiats 511 involve pal oral activities (sec r..71 710 a=1 7003(2)). • •
• - h. It wil3. establish safyV_sz s ' prohilai.t a�.+7r1� fx� trsirg
the; positions for a Y`r 5e that is or gives the.appearan.^e of being •
.vate3 by a e∎- - -e for private gain for 4herselvas or others', rparticcul arly
terse with 4,tcm they have family, iusiress, or oth°r ties (se i a 702(01; . •
i. it will. give the D� T of Tabor and the Catx=ollar ":-
c e r=21 thzough any authorized re vases =t v-e th mess to and the right to
e, a17. retires, boils, • papa=s, or daces relates to the gr - (s zi •
713(2).). •
partitpants in the t_vjic�+t will mt be etsloyed on the mssst= cei�On.-
operation, or iraintena of, that part of any facility whirls is used for •
rali g ;nct-r+Ist;r 1. or w=sh p (sect�]tn 703(3)). . •
- • k. appp pr-''ate e? reazds for health and safety is work and ;nix
-Lions - orLS will be taintair- (se Lion 703 (5)) .
' 1. Conditions of erploperrt or taro*-- will be akiLuLriate and
reasnr�1a with regard try the tyge of wort, the geographical region aryl the
of the applicant (se��..ica 703(4) ) .
•
- ----- --
• Et:. ;revision of vxDrIcren's =r-ensatio a protection to participants
a on-the-job training, -c•:ork e)q..e.cierce, or pablic service eroloyment PrOgraritS
rner -the_ Act at the same level and to the same ex-te-± as other-. ernloveP_s ,
the eroloyer who are cover by a State or industry workmen's ---r----ensation
tatute; at-4 prevision of 1,7or1men's ccn-pansaticn irlsnran:m or medical and.
cr,..idact ins=ar_ce for injury et- disease resulting from this pe_rtic.ipation
O -ti-10se inaividT, ngag in any progrma activity tree= the ...act, i.e.,
=I: expe--ience, on-th,.e-job training, public service et-plc-lima-Et, classroom'
reining, services to participants, and other activities, c...1-,_e others
ilTr;1Prly engage are r.ot ecrv.red by an applicable werka.slis =r--ansatira.--i
-.b.r.r.e. (s-tions 703(6) and 208(4)). -
• -
u. Tile Ezcogr= krill not result in thr_st 6-sp,lac.exent Cf.. --CiP, 10Yegl. • . . ' . . " •
tekarS' or lirrair existing conL7-acts for, servics.,s or result in the subs-a-Ca- - , , •
ion of ree....nal furds for otb mr. fu:cls in =r-_--,..----Lion v,liti woe: ti-lat israld .. ' • -
. .-. . .
rth._--n-wise he perfcc=3 (section 703 (7)) • :-." : ' .. ._ . • . „.... -
.. .
. • . • • - .. . .. ... -
. . . .
- fo. .Trairrilzi.w-12.1 not be for any co=a-t-Trmq 'Which rentrtre less ' ..• -,-- - ' -• .
. .
1.2.= tsZ) W� of pretplcyznze& -a-aini...., traeis intae,34Pte ms:acurent . • • :. . -
• . • • .
sl.,.....L.,,MitieS are available in that. c=uration (sectiOn 703 (6)) -. -.. • • '-."-•,-.•: .- ' -• - .-
. . .. . .
. .. . .: • - •.•.
• • • • -. - . .. .•
... . • .
. p.. Train=7 g era rela ted. serv-lo. will, tci -thm ",--t.entra-actir-Ahlg.,. .. . - *- -' - - - --
.. _ .
crinsi....-_-.I. with e-tr--y individnal's fullest f=r-abilities axd lead_ td - ! , - -• : - .
amploy=t, opeorbani:ties-which will enable cart_icirare-s to bec=r.e ec0=iicariv
mlf-so-F-Fir.:ient (sections 703 (9) an 105 (a) (6) )
. .• .. . .. . .
. -- -• . . .
ca. nisti-hrt-irg-mi skill trainir4 and. -L"-aining cot the Jen Shall • •• - - .— • . .•
anly,be for oCcupal-4enrrs in'T...-hich the Se-. •_.--e•-■-y or the orim.=-.. sponsor has , - -. - .' .' - --•
Ief,±2,11-77,,i these -14 reasonable ta..--tatiort !...or etplova-F_•-at (sect--1......on. 703(10)).
- r. • c:=23. foals will, -bp -the act.=t pracarle, be usea." to stlopIPT.arth, *: :. • -.
cathEL.,-1-, si.olarri-_, tbe 1eve1 of fin-Zds that would otherwis.s be available - • " - ' . . -
E= the i:ilanning and. adanisa-at---clan of p:-..--re.. rs•uryler the eligible app.15=cant's ". '.1.7,
grant (secaon 703 (11)) . - .-•.
s. It will scih-nit reper's as rezu3.r by the Se=e1=r7 and win. •: , -** ..• ' •
miremin records and pr.°. vid.e ass to t.h.e as necessary for the Secretary's,
revieW to asst=e that funs are being expe-...e.a in ac =dance with the pt=-. : -
EDesat ard provisions of the Pot, inelteing the neintemnce of i-eccccds to - -
assist the Secretary in deterrdnir4 the extent to wi,ich the ncograta meets . '•
the special r..1.=.,..el of disadvantaged, chronic-11y uneroloyed, arA. low incam. .
perscr's for rt-1 emploYment. opportunities (s.---tions 703(12) and 311(c))
- .
• t. S'ne program will, to the Trax:_r; am ctent_ feasible, =ntribute
to the occupational developrent or trzga---ti robility of inclividua3_ particir.ants
(s-tiori. 703 (13)) - . . - -
-19-: •
• - u. The program has adequate administrative and
accounting controls, personnel standards; evaluation proce-
dures, availability of in- service training and technical
'assistance programs, and other policies as may be necessary
to promote the effective use of funds (section 703(14)). •
v. The program makes appropriate provision for the
manpower needs of youth in the area served (section 703(15))_
' w. Individuals receiving training the job s
g" hall-
• .
be compensated by the employer at such rates, including
- periodic increases, as may be deemed reasonable under regu-
lations prescribed by the Secretary, but in no event at a.- --
- rate which is less than the highest of: '1) the minimum mum wage - . - .
-rate specified in Section-6(a).(1) of the Fair Labor Standards " "
Act of 1938. The only exceptions to sec. 6(a)(1) are those.
pertai g to the Commonwealth of• Puerto' Rico, the Virgin
Islands,-and-American Samoa, where wages shall be consistent. --
-- with provisions of the Federal, State,-or local law, otherwise. •
applicable. Wages paid to participants in the Trust Territory
of the Pacific Islands shall be consistent with local law,. •. -.-.. .
except. on Eniwetok Atoll and Kwajalein Atoll, where sec. 6(a)(I)-
is applicable; 2) the State or local minimum wage for the -
• most nearly comparable- covered employment;- 3) the - prevailing
rates of pay for persons employed in similar occupations by
•-the same employer; 4) the minimum entrant rate for the,-"
,occupation among other -establishments in the community or-"
area or, any minimum rate required by an applicable collec - -. ., - "
five bargaining agreement; 5) for participants on Federally -
funded or assisted construction projects, the prevailing
tate established by the Secretary, in accordance with the
- -Davis -Bacon Act, as amended, when such rates are required
. by the Federal statute under which the :assistance was provided.:
•
x.- It will comply with the labor - standards require
men;.s set out in section 706 of the Act.. - -•
y. Services and activities provided under this Act'
will. be administered by or under the supervision of the
"applicant (sections 105(a) (1) (B) and 205 (c) (1)) . • -
z. No funds made available under the Act shall be
used•. for lobbying activities.in.violation of 18 MCA 1913_
aa. If the applicant is financed by letter of, credit: .
(1) Letter of credit cash drawdowns will only be
initiated when actually needed for its ETA grant(s) disburse-
. meats; •
-20-
(2) . Ti,; e1y rerortf*:g of cash dis x7rsereres ar.d bal ai�es will
oe rzde try the 'app. log^._nt and Trafrir.g _ ,,_istra`cn as rewired; .
(3) It will 1,-,:moose th_ sate s:=r -cs of t_„i'r a arour_t, -
n a iv secondary- recipients incic:a.=srg the t-rish' g of repor's of cash
list: zsEt een:s and balances.
bb. For grants, so Td_*rts, contracts, and sho=t acs in excess -
of $100,000, or where tha =atm-acting officer has del.--•-mined that orders
i de. inite quantity contract or subcontract in any esce
$100,000, or if a facili.iy t0 he used his been the.srbje of a conviction
ate-
the Clpz. Air Act (42 U.S.C. -1857C-8(c) (1)) or the Federal Wat r Pollu-
tion Control Act (33 U.S.C. 1319 (C)) and is listed by the arrr±roimerrtal •
2rotectinn Agency MA) or is not otherwise exec t, the grantee assures that.
1) ro facility tra be ut 1 i ?e3 in -the perfo^=sice of the propcsza grant:
has been 1 ist on the List of Viola :2 :g Facilities; 2) it will notify --
'die PA, pr?cr to award, of the zece p` of any cQirl?nic3tion fort the Director.,
0a—l= of Fede r-al PcL-ivit ies, U.S_ Enyi orre tat Pmtectirt r `e cJ, in.^'i tieg
that a f at f to be ut-i 1 ?e3 for the gram is under ccnsidera ioxt to be— ' . •
1 fd oa tha EPA List of Violating Facilities; and 3) it will include l e • . -
sL75'`.2**F4 ?lly-th s assuranC$, inrlr,iirg this third part, in every non -e...x t •
sues —z„t, m acs, or suivoat*zct-
B. additional ?ssurenc• for itle 1 P_*ccreco s -
.7n ca*3yi1-4 out prcgr s ss•+a '. Title I of . t e. Act, fhe applica.
assures a3. that: .
1. 2.an:wa services, in/'1 ZL`� ='g job der 1opcent,. will be provide to
th=e nest in need of then inc1vdirr low incase persons arA. persons of .
1;�*ts' Er�,Zigc-sr- �aidng ability, and that the n for ;tim2ed findirq
of =ogre= of daTnnS at=3 effectiveness is considered. in servirg such
t=s s . (sr -+-;^n 105 (a) (1) CD)). -
2. P i n y c^ of i n s t i t u t i o n a l . s k i l l shall. be designed f o r -
c zat_ ons in winch skill Ghn,^sggs exist' (section 105 (a) (6)) - - • . •
3. The plan meets all the ren,; eats of section. 1Q5 (a) and the app1; '''r
will
=ply with all previsions of the Prt (srtioa 105(b)).. -
4. It will rake such a su gs eats as are prescti.hed by regvlat;-on to
assist the story in carrying ng out his resnsibilities under sections 105
a d 103 of the Act (sectir n 105 (a) (7) ) .
•
5. Spacial consideration *..ri11 be given to the needs of eligible disabled
veterans, Special. vetarans, and veterans who served in the Ar °..' Forces and
w• o received other than a d; ‹t•�rrable discharge within four before
the date of their application. Each prirre sn*_sor in selecting participants
-21-
for programs funded under title 1 of the Act,- shall take into
consideration the extent that such veterans are available in •
the area_ Specific effort should be made to develop appro-
priate full or part -time op_ortunities for such veterans.
• The prime •sponsor should utilize the assistance of the Sate
and local veterans employment service representative in formu-
lating its program objectives. . _
On a-continuing and timely - basis, information on job. vacancies
and training opportunities funded under title I of the Act
shall be provided to the State and local veterans employment
service representative for the purpose of disseminating infor-
- •mation to eligible veterans (section 104(b) of Emergency Jobs
-and Unemployment Assistance Act op 1974)
h6. Appropriate arrangements ' will be made-to 'promote : • ,..
- maximum feasible -use of apprenticeship and other on -the -job -.
train4"g opportuni .ties .ava. table under section. 1787 of... ..
--title 38, United States Cods. -° - 4 . -- _ -' .: •
C.: Additional Assurances Relating to Public Service Emolovment
Proarams - - - - - _
',For public service ezroloyment' activity, the- annli.caat
further assures and certifies that: :. -
• 1. ' Special consideration will be given- to the filing
'.of jobs which provide .sufficient prospects for advancement •
or- suitable continued employment by providing complementary
training and manpower services designed•to.(1)'promote the
- advancement of participants to.employment or training oppor-
: tunities suitable to the individuals involved, Frhe her is -
the public or private sector of the economy,-(2) provide
• participants with skills for which there is an anticipated •
high demand, or (3) provide participants with self - develop
. ment skills; except where exempt under the provisions of -
-section 604 of the Act, -provided, however, that nothing .
• contained in this paragraph shall be construed are not
- persons or programs for whom the foregoing g
-.feasible or appropriate (sections 205 (c) (a) and 604) . . .
2.' To the extent feasible, public service jobs .shall be .
provided in occupational fields which are most likely to
expand within the public or private sector as the unemployment
rate recedes except where exempt under section 604 of the
Act (sections 205(c)(6) and 604).' -
3. Special consideration in filling transitional public.
service jobs will be given to unemployed persons who are the
most severely disadvantaged in terms of the length of time
they have been unemployed without assistance; but such
special consideration shall not authorize the hiring of any
person when any other person is on lay -off from the same or
any substantially equivalent job (section. 205(c)(7)).
•
-22-
4. No funds will be used to hire any person to fill a job
.opening created by the action of.an employer in laying of or
terminating the employment of any other regular employee not
supported under the Act in anticipation_ of filling the vacancy
so created by hiring an enoloyee to be supported under the
Act (section 205(c)(8)).
-• 5. Due consideration will be,given to. persons who have
participated in manpower training programs for whom employ-
ment opportunities would not otherwise be irmned -ately •
available (section 205(c)(9)).
6. Periodic review procedures established pursuant to
. section 207 (a) of tile. Act will be complied with (sect =on
205-(c) (17)) . - -
7. • Agencies and institutions to whom' financial assistance
. is made available under this•title have tndertaken•or will
nadertake, analyses of job descriptions and reevaluations.'
and, where shown necessary,• revisions of qualification -'
'requirements at all levels of employment, including civil
-:' service requirements and practices.relat . g thereto, in:'
accordance with regulations prescribed by the Secretary, ..
%With a view toward removing-artificial barriers to public"
.''employment of those whom it is the purpose of the Act to
assist (section 205(c)(18)).
• • -8.- Where appropriate,.it will maintain or provide
.. ' linkages with upgrading and other manpower programs for the
purpose of (1) providing those persons ernoloyed in public
service jobs. who want to pursue work with-the employer; in
.-..the same or similar work, with ooportunit -es to do so and _
to find permanent, upwardly mobile careers in that field, and.-
-(3) providing -those persons so employed who do not wish to
pursue permanent careers in such field, with opportunities• to •
seek, prepare for, and obtain work_ in other fields (sections -
205 (c) (19) and. 604) .•..
•
9. The program. will,•
to the maximum extent feasible,
contribute to the elimination of artificial barriers to
employrnent and, occupational advancement, including oppor
'tunities for the disadvantaged (section 205(o)(21)),..
•"10. Nor more than one -third of the participants in the
program will be employed in a bona fide professional capacity
(as such term is used in section 13(a)(1) of the Fair Labor
Standards Act of 1938), except that this paragraph shall niot,
be applicable in the case of participants employed as class -h-
room teachers, and the Secretary may waive this limitation .
in exceptional circumstances (section 205(c) (22)).
-23 -,
11_ Jobs will be alloc at ==..a :ui Lc..u_,- Lu ,.,,.-'- , -•-+-
and agencies taking into account the number of unemployed '
persons within their jurisdictions and the needs of the
agencies (section .205 (c) (23)) . , • - ' . - . •
- -12_ The jobs in each promotional line in no way infringe
upon the promotional pportuniti es which would otherwise be
available to persons currently employed in public service
jobs not subsidized under the Act, and assure that no job
will be filled in other than an entry level position in each
job category until applicable personnel procedures and
collective bargaining agreements have been complied with
• (section 205(c)(24)). .
•
13_ Job$ are in addition to those that would be funded by ..
the sponsor. in the absence of assistance under the Act .
section 205•(c) (24)) _
14_ Persons employed in public service -jobs under thi
Act shall be paid wages which shall not•be•lower than:--
whichever is the highest of:
. (a) The••minimum• hourly wage set out_ia section 6(a) (1)
of the Fair Labor Standards Act of 1938, as amended_ The -..,
only exceptions to section -- 6 (a) •(l)' are where a participant '.
is to exempt under section 13, or those pertaining-to the . • "
Commonwealth of Puerto Rico, the Virgin Islands, and American.: -
Samoa where waves shall be consistent with. the Federal, State
or local law otherwise applicable_ Wages paid to participants
•-..in the Trust Territories of the Pacitic Islands shall: be •
. consistent)Ath local law; except on Eniwetok Atoll and : : .. .
Kwajalein Atoll, where section 6(a)(1) is. applicable..
• - (b) • The State or local mini=i. wage .for the most
nearly comuparable covered e_*aploymenti" " y
(c) The prevailing rate of pay for persons employed.
in similar public occupations by the same employer. (section
208(a)); ..
(d) -the minimum entrance -rate for .inexperienced
- workers in the same occupation IA the establishment, or, if
the occupation is new to the establishments the prevailing .
entrance rate for the occupation among other establishments
is the community or area, or any minimum rate required by .
an applicable collective bargaining agreement; or
(e) the prevailing rate established by the Secretary,-
in accordance with the Davis -Bacon Act, as amended, for
participants involved in esployment covered by the Davis -
Bacon Act-
-24.-
15.
Special consideration shall be given to eligible disabled
veterans, special veterans, and veterans who served in the .
Armed Forces and who received other. than a dishonorable dis-
charge within four years before the date of their application..
Each eligible applicant selecting participants for programs
funded under title VI of the Act, shall take into consid-
eration the extent that such veterans are available in the
area. Specific effort should be made to develop appropriate
full or part -time opportunities for such veterans. In order
to insure special consideration for veterans, all public --
'service employment vacancies under title VI, except those to _
which former employees are being recalled, must be listed
with the State employment service•at least 48 hours (excluding-,
Saturdays, Sundays, and holidays) before such vacancies are •_ • .•
. : filled. During this period, the enploy ent.service may refer
those 'veterans specified above. If sufficient nucibers of.
veterans are not available, the.employment service, upon. •I --
request, may also refer members of other significant segments_
:'s.All other applicants are to be referred after-the 48 -hour -
period (section 205(c)(5)). The eligible. applicant should
utilize the assistance of State and local veterans employment-.
.-.representatives in formulating its program objectives.
Each eligible applicant shall, on a continuing band timely.
• -.basis, provide information an'job vacancies and training
`:.opportunities funded under titie'VI' of the Act to State :and
..local veterans emplovment representatives and'to other
veterans organizations for the purpose of disspmi,+ating.
information to eligible veterans (section 104 (b) of the
Emergency Jobs and Unemployment Assistance Act of 1974)-
-D.' Additional Assurances for Title II ?rOCrams
•
- All assurances in C above apply-to activities funded under
Title II. In addition, the applicant will essure.that: ••
1. Only.persons residing within the areas of substantial
unemployment qualifying for assistance will be hired to fill
jobs created under title II of the Act and the public services' -
provided by such jobs shall, to the extent feasible, be
benefit i
designed to bene_l� she residents of such areas (section o
(c)(3))-
a. To the extent possible, administrative staff shall be,7:
drawn from unemployed and underemployed persons (section 205_.
(c) (20)) . --
•
•
-25-
.- E. Additional Assurances =or -Ii_.LC v l rLVyLam
• . All assurances in C. above apply to activities funded',. -'
under title VI. In addition, the application will assure
that:
..1. Only persons residing in the area served by the
eligible applicant under title VI of the Act will be hired
to fill jobs created under the Act and that the public
services provided by such jobs shall,-to the extent feasible,
-be designed to benefit the residents of such areas except
that funds allocated under title VI of the Act (section 603
(a)(2)(g)),.to an'area eligible for assistance under title IS
.of the Act shall only be'used to provide project and progra.-z
opportunities to persons residing in those areas of sub-
' stantial unemP loyment as defined in section 204(c) ..
-: - (Section 603 (a) (2)) ' , .
' 2. : To' the' extent possible, acimi vi; strative staff sh
..be drawn froth unemployed and underemployed persons.
- (Section 205(c)(20)) °= % .
Special Certification for State Grantees_.=
_ A State
comply with
• and section
grantee further assures and. certifies that it will
the requirements and provisions of section 106 .
107 of the Act. .
•
•
-26-
.SPECIAL CLAUSES
1. C1i4i7G &S'
a. The Prime Sponsor's .Contracting Officer nay, at any time,
without notice to the sureties, by written order designated or indicated.- •
to be a change order, sake changes in the work within the general scope
of this contract, in any one or more of the following: (1) drawings,
designs, or specifications;.(2) in the method or manner of performance .
• of the work; (3) in the Government- furnished facilities; (4) method of
.shipment or packing; or "(5) place of delivery. -
b. Any other written order or an oral order (which terms as used
-in this paragraph (b) shall include•direction, instruction, interpretation,
or determination) from the Prime Sponsor's Contracting Officer, which causes -
.any such changes as enumerated in (a) above, "shall be treated as a change •
order under this clause: Provided, That the Contractor / Subgrantee gives
'the Prime Sponsor's Contracting Officer written notice stating the date, '•
circumstances, and the source of the "order and that the Contractor / Subgrantee
• regards. the order as a change order. . • • _ •
c. Except as herein provided, no order, statement,•or conduct of the
' Prime Sponsor's Contracting Officer shall be treated as a change'under this •
• clause or entitle the Contractor / Subgrantee to an equitable adjustment
hereunder.
:d.• If any•change tinder.this clause causes as increase or decrease in
the Contractor's /Subgrantee's cost of, or the time required for, the pee._
forrance of.any part of the -work under this contract, whether•or tot changed
by any such order, an equitable adjustment shall be made and the.cortract
modified in writing accordingly: Provided, however; That no claim for any
change under (b) above shall be allowed for any costs incurred more than
20 days before the Contractor /Subgrantee gives written notice as therein
required, And provided further, That in'the case of defective specifications
for which the Prime Sponsor is responsible, the equitable adjustment shall
- include any increased cost reasonably incurred by the Contractor / Subgrantee '
in.attempting to comply with such defective specifications. - .. - •
• e. If the Contractor / Subgrantee intends to assert a claim for an equitable
adjustment under this clause, he must, within 30 days after receipt of a written
change order under (a) above or the furnishing of a written notice under (b) -
above, submit to the -Prime Sponsor's_ Contracting Officer a written stten=r_t,-
setting forth the general nature and monetary extent of such claim, unless
this period is extended by the Prime Sponsor. The statement of claim hereunde -.
may be included in the notice under (b) above. Where the cost of property;,
made obsolete or excess as the result of a change is included in the
Contractor's /Subgrantee's claim for adjustment, the Prime Snonsor's Contracting
Officer shall have the right to prescribe the manner of disposition of suchl':
property.
-27 -•
f. No claim by the Contractor /Subgrantee for an equitable adjustment
hereunder shall be allowed if asserted after final payment under this
contract /subgrant. •
g. Failure to agree on the terms of any equitable adjustment hall be
a dispute concerning a question of fact within the meaning of the clause of
this contract entitled "Disputes." • •.
.. h. Nothing in this clause shall excuse the Contractor /Subgrantee
from proceeding with the'contract /subgrant as changed by the Prue
Sponsor's Contracting Officer in writing, either by'(i) issuance of a
written change order as described in (a) above, or (ii) issuance of.a
written confirmation by the Prime Sponsor's Contracting Officer of the
written notice required of the Contractor /Subgrantee in (b).above, re- .
suiting from an orai.order by the Prime Sponsor's Contracting Officer.
2. NONDISCRIMINATION ,.
•
It is the policy of the Executive Branch of the Government that (a) ••
contractors and subcontractors engaged in the performance of Federal.
contracts shall not, in connection with the employment, 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 basis of a bona-fide occupational qualification,
retirement plan, or statutory requirement, and (b) that contractors and- .
subcontractors, or persons acting on their behalf, shall not specify,•in
solicitations or advertisements -for employees to work on Government con-
tracts, a maximum age limit for such employment unless the specified maxi-
mum age limit is based upon a bona fide occupational qualification,.:
retirement plan, Or statutory requirement. - •
3. CHILD LABOR
No trainee or enrollee under 18 years of age will be employed•in any
-occupation which the Secreta -y has.found to be particularly hazardous .
for persons between 16 and 18 years of age (a list of such occupations
is published at 29 CFR Part 1500, Subpart E). Any eligible trainees
and enrollees under 1T years of age will be employed only in accordance
with the limitations imposed by 29 CFR Part 1500, Subpart C.
-28-
L. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The contracts• :ill not discriminate against r empl6yce or appli-
cant
for el�_1oyment because of race, color, religion, ^or.., Or
national origin. The contractor will take affirmative actic_ to
ensure that .^p31ic._nts are employed, and that employees are treated •
during employment, .without regard to their race, color, religion, •
sex, or national" origin. Such action shall include, but not be -
limited to the following: Employment, uPgrading, demotion, or
• transfer, recruitment Or recruitment advertising; layoff or termina-
tion; rates of ray.or other - forms of con ensation; and selection for
training, including apgrenticeship. The contractor agrees to post in
conspicuous places, available to employees.and applicants for emnlo :v-
ment, notices to be provided by the contracting officer setting =ofth
the provisions cf :this nondiscrimination clause. - •
(2) The contractor will,is.a1Z solicitations or advertisements for', -
employees placed by or on behalf of the contractor,• state that all •
qualified applicants will receive consideration for emplo,ient•
without regard.to race, color,•religion, sex, or national or_gia.
(3) The contractor fill send to each labor-union or reLres?entative of
• workers with' which 1 e has .a collective bargaining agreement or other • - .
c g, ontract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or'korkers' rep =esnata• -.;.
• tive of the contractor's commitments under.section 202.0;. Execut *'ve
• '' Order' 11246 of Setember: 24; 1965,. al
and shall Yost copies. Of .the "
notice' in conspicuous places available to eloyees aid applicans' •
-for employment. . • .
(6 The•contractor ria .1 _conply'yith al]. provisions of Executive Order 11246 -
Of September 24, 1965, and of the rules,'regulations, and relevant
orders of the Secretary of Labor.' •
The contractor will furnish all information and reports re mut=ed b •
Executive Order 11246 of September 24, 19665; end by the •rc1es, regula-
tions, and orders of the Secretary of Labor, or tursuent thereto, a;•_
will ram. -it to his boors, records, and accounts bj.the ccn_rac7a -.
agenc;: and the necretaj.c -abor.'for purposes of i veestigatior. : ow _
ascertein.cor•.piiance "pith such rules., regulations, and orders. -.
in the event_cf the contractor's noncon_lin::ce.with.the riondiscr±zira-
tion causes of this' contract or-with -any cf such rules, regul =ti. s',-
or orders, this contract maybe canceled, terminated or suspended. ;a:7
vhole or in part and the contractor clay be declared ineligible fore
further Government contracts in accordance lath procedures authoriz d'
(5).
(6)
-29 --
(7)
in Executive Order 11246 of September 24, 1965, and such ether
sanctions may be imposed. and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by.la;;.
The contractor will include th=
pros. ::.,One of n...-agranhs (1) Krogh
(7) in every subcontract or purchase order unless exempted by rui ,
regulations, or orders of the Secretary of Labor issued pursuant _d
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding, upon each subao ^tractor or vendor.
The contractor.wi11 take such action with res^ect to any subcontract
or purchase order as the contracting agency may direct.as a Means of
'enforcing such provisions including sanctions for nolcomnlience:
Provided,.however,.That in the event the contractor becoaes :Involved
in' or is threatened srith,•litigation- with a subcontractor or vendor
as a result of.such direction by the-contracting n the - agency, con-
tractor may request the United States to enter into s1Ch.litigaticn
to protect the interests of the United States.
5. - TRAIT TEE OR ENROLLEE WAGES
The-hourly wages paid to enrollees or trainees shall not he less than the
following, whichever is higher: • .
• 1. The minimum rate required under the Fair Labor Standards Act including
.any special rate provided-by.specirication under Section 14 0-Z.-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 i above.
6. TERMINATION OF TRAINEES :OR ENROLLEES .
•
Trainees or enrollees will not be terminated without prior notice -to the
trainee or enrollee and reasonable opportunity for corrections or improvement
of rerformance and consultation with the Contracting Officer by the training
facility for substandard or unsatisfactory progress or conduct. Termination
of trainees or enrollees brill be governed by disciplinary and grievance pro-
cedu -es approved by the•Contracting Officer or his duly authorized representa-
tive: Provided, That in training facilities operating under a collective
bargaining agreement, disciplinary and grievance procedures provided in such
aholan agreement and applicable to trainees or enrollees covered by this .contractshall ••
govern.
-30-
7. TERMIMATION
a. The performance of work_ under the contract /subgrant may be
terminated by the Prime Sponsor-in accordance with this clause in
,whole, or from time to time in part: .
(1) Flhenever the Contractor / Subgrantee shall default in per-
formance of this contract /subgrart in accordance with its terms (including
is the terra "'default" any such failure by the Contractor / Subgrantee to m k
progress in the prosecution of the Work hereunder as endangers such :erfon
ante), and shall fail to cure such default within a period of ten days (or
such longer period as the Prime Sponsor's Contracting Officer may allow):
-after receipt from the.Prihe Sponsor's Contracting Officer•of a notice
specifying the default; or - '
' (2) Whenever -for any reason the Prime Sponsor's Contracting
Officer shall determine that such termination is - in the best interest.of
the Prime Sponsor. •
•
Any such termination shall be effected by delivery to the Contractor/ -••
Subgrantee of a Notice of Termination specifying whether• termination is. _
for the default of the Contractor / Subgrantee or for the convenience of-
' the Prime Sponsor, the extent to which performance of work under the contra
subgrant is terminated, and the'date upon which such termination becomes
effective: If, after notice of termination of this contract /subgrant for
. default, under (1) above; it is determined for any reason-that the
- Contractor / Subgrantee was not in default pursuant -to (1),•or that the
Contractor's /Subgrantee's failure to perform or to make progress in per -.•
formance is due to causes beyond the control and without the fault or . "'
negligence of the Contractor / Subgrantee pursuant to the provisions of' . •
the clause of this contract /subgrant relating to'excusable delays, the
. ' : Notice'of Termination shall be deemed to have been issued under (2) aboire,
and the rights and obligations of the parties hereto shall in such event
be governed accordingly.
•
•
b. After receipt of a Notice of Termination and except as otherwise
directed by the Prime Sponsor's Contracting Officer, the Contractor /Sub-
grantee shall: • - •
•
(1) Stop work under the contract /subgrant on the date 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 /suborant as is not terminated;;,.
-3J•
(3) Terminate all orders and subcontracts to the extent that
they relate to the performance of work terminated by the I:otice of Teraina
'tion;
(4) Assign to the Prime Sponsor in the manner and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title
and interest of the Contractor /Subgrantee under the orders or subcontracts
so terminated in which case the Prime Sponsor shall have the right, in its
.discretion, to settle or pay any or all claims arising out of the termina-
tion of such orders and subcontracts; • .
(5) With the approval or ratification of the Prime Sponsor's
Contracting Officer, to the extent he may require, which approval or •
ratification shall be final and'conclusive for all purposes of this clauss,
settle,all outstanding liabilities and all claims arising out of such •
termination of orders and subcontracts, the cost of which would be
bursable in whole or in part, in accordance with the provisions of this
contract/subgrant.-
(6) Transfer title to the Prime Sponsor (to.the extent that
• title has not already been transferred) and deliver in the manner, at the
times, and to the extent directed by the Prime Sponsor's Contracting
Officer, (i) the fabricated or unfabricated parts, work in process, .
completed work, supplies, and other material produced as a part'of,'or•
acquired in respect of the performance of the work terminated by the •
Notice of Termination; (ii) the completed or partially completed plan's,
'drawings, information, and other property which, if the contract /subgrant
had been completed, would be required to be furnished to the Prime Sponsor,
-and (iii) the jigs, dies, and fixtures, and other - specie/ tools and tooling '
acquired, or manufactured for the performance of this contract /subgrant for •
the•cost of which the Contractor_ /Subo antee has been or•wi.11 be reimbursed
under. this contract /subgrant. . . .. . • •
(7) Use his best efforts to sell, in the manner, at the times, to
the extent and at the price or prices directed or authorized by the Prime.
Sponsor's Contracting Officer, any property of the types referred to in •
(6) above:, Provided, however, That the Contractor /Subo antee (i) shall not
be required to extend credit to any purchaser, and (ii) may acquire any
such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: •Find provided further,
That the proceeds of any such transferor disposition shall be applied in
reduction of any payments to be grade by the Prime Sponsor to the Con -
tractor /Subgrantee under this contract /subgrant or shall otherwise be
credited to the price or cost of the work covered by this contract /subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may.
direct;
-32-
(8) Complete Performance of such part of the -work as shall not
have been terminated by the Y;otice of Termination; and
(9) Take such action as nay be necessary, or as the Prime
Sponsor's Contracting Officer may direct, for the protection and preserva-
tion•of the prone=ty related to this contract /subgrant which is in the
possession of the Contractor /Subgrantee and in which the Prime Sponsor has
or may acquire an interest.
The Contractor /Subg antee shall proceed immediately with the performance
:of the above obligations notwithstanding any delay in determining or adjusting
the amoount•of the fee, or any item of reimbursable cost, under_this clause.1
At' any time after expiration oY the.p).ant clearance period, as defined in -
Subpart 1 -8.1 of the Federal Procurement Regulations (41 CFR 1 -8.1), as
the definition nay be an nded from time to time, the Contractor /Subgrantee
maY submit to the Prime Sponsor's Contracting Officer's list, certified. as
to quantity and quality, of any or all items of termination inventory not.
previously disposed of, exclusive of items the disposition of which has
been directed or authorized by the Prime Sponsor's Contracting Officer, and .
may request the Prime Sponsor to remove such items or enter into a storage
agreement covering.them. Rot later than- fifteen (15) days thereafter, the
Prise Sponsor will accept such items and remove them or enter into a storage-
agreement covering the sane: Provided, That the list submitted shall be
subject to verification by the Prime Sponsor's Contracting Officer upon, %,
removal of the items or, if the items are stored, -within forty -five (45)
.days from the date of submission of the list,.end any necessary adjustment
to-correct the list -as submitted shall be Made prior to'final settlement.
•
• c: After receipt of a Notice of Termination, the Contractor /Sub- •
grantee shall submit to the Prime Sponsor's Contracting Officer his ternina-
tion claim in the fora and -with the certification prescribed by the Prime
Sponsor's Contracting Officer. Such claim shall be submitted piomptly but
in no event later than one year from the effective date of termination,
unless one or More extensions in writing are granted by the Prime Sponsor's -
Contracting Officer upon request of the Contractor /Subgrantee made in
-writing -within such one-year period or authorized extension thereof. •
However; if the Prime Sponsor's Contracting Officer determines'that the '
'facts justify such action, he nay receive and act upon any such term- nation --
claim at any time after such one -year period of any extension thereof. •
Upon failure of the Contractor /Subgrantee to submit his termination claim •
within the time allowed, the Prime Sponsor's Contracting Officer may, subject4
to any review required -by the contracting agency's' procedures in effect as or t
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.
-33_ =�
d. Subject to the provisions of paragraph (c), and subject to any
review required by the contracting agency's procedures in effect as of the .
date of execution of this contract /subgrant, the Contractor /Subgrantee and
the Prime Sponsor's Contracting Officer may agree upon the whole or any -
part of the amount or mounts to be paid (including an allowance for the
fee) to the Contractor /Subgrantee by reason of the total or partial termiaa_
tion of work pursuant to this clause. The contract /subgrant shall be
amended accordingly, and the Contractor /Subgrantee shall be paid the agreed.
amount.'
' e. In the event of the failure of the Contractor /Subgrantee and the •
Prime Sponsor's Contracting Officer to agree in whole or in "part, as pro_'
hided in paragraph (d), as to the amounts with respect to costs end fee,
or as to the amount of the fee, to'be paid to •the Contractor /Subgrantee .
:. in connection with the termination of work pursuant to this clause, the .
Prime Sponsor's Contracting Officer shall, subject to any review'reguired
. -by the contracting agency's procedures in effect as of the date..of exeeu-
-_tion of this contract /subo ant, 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 /Subgrantee
the amount determined as follows:• •
(1) -If tha settlement includes cost and fee -= :.
•
- (i) -There shall be included therein : all costs and expenses
reimbursable in accordance with this contract /subgrant not previouslY paid
- ,to the Contractor /Subgrantee for the performance of this contract /subgrant '
. • prior to the effective date of the Notice of Termination, and such of.these
. Costs as may continue for a reasonable time thereafter with the approval of
or as•directed by the Prime Sponsors Contracting Officer:" Provided, •
however; That the Contractor /Subgrantee, shall proceed-as rapidly- as practi-
cable to discontinue such costs; '"
• • i (ii)' There shall be included therein so far as not included
- tinder (i) above;.the cost of settling and paying claims arising out of the •
.termination of work' under• subcontracts or orders, as provided in paragraph -
(b)(5) above, which are properly chargeable to the terminated portion of
.the contract /subgrant; ' .
(iii)-There shall_ be included in the reasonable costs of - -
settlement, including accounting; legal, clerical., and other expenses - •
reasonably necessary for the preparation of settlement claims and supporting
data with respect to the terminated portion of the contract /subgrant and for
the termination and settlement of subcontracts thereunder,'together with
reasonable storage, transportation, and other costs incurred in connection
with the protection or disposition of termination inventory: Provided,
however, That if the termination is for default of the Contractor /subo antee
there shall not be included any amounts for the preparation of the Contractor's/
Subgrantee's settlement proposal; and
(iv) There shall be included therein a
payable under the contract /sub�,raat determined as followsion of the fee"
-34-
(A) In the event of the termination of this contract /•.
subs ent for the convenience of the Prime Sponsor and not for the default
of the Contractor /Subgrantee, there shall be paid a percentage of the fee
eauivalent to the percentage of the completion of work contemplated by the: contract /subgrart, less fee payments previously made hereunder; or
(B) In the event of the termination of this contract/ -
sebgrant 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 number of articles of a like kind called for by this
contract /subgrant.
:If•the amount.'deternined under this' subparagraph (1) is less than the.total
payment, theretofore made to the Contractor /Subgrantee, the Contractor/
Subgrantee shall repay to the'Prine Sponsor the excess amount. -
• (2) If the settlement includes only the fee, the amount thereof '
will be determined in accordance with subparaggraph:(1)0.v), above. - •
(f) The Contractor / Subgrantee shall have the right of-appeal, under
the clause of this contract /subgrant entitled "Disputes," frog any deter-
mination made by the Prime Sponsor's Contracting Officer under pararaph'(ci
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
reouest 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 deter-
mination of the amount due under paragraph (c) or (e):above, the Prime -
Sponsor shall pay, to the Contractor / Subgrantee the following =._.. -
(1) if there is no right of appeal hereunder or if no timely appeal has •
been taken, the amount so determined by the Priae.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 / Subgrantee under this,
clause there shall be deducted (1) all unliquidated advance or other payments
theretofore made to the Contractor / Subgrantee, applicable-to the terminated
portion of this contract /subgra:..., ,:2) any claim which the Prime Sponsor may°•
have against the Contractor / Subgrantee in connection frith this contract /sub-
grant, and (3) the agreed price for, or the proceeds of•sale of, any aateria3.s,
supplies, or other things acquired by the Contractor % Subgrantee or sold put•
suant to the provisions of this clause and not otherwise recivered by or •
credited to the Prime Sponsor-
(h) In the event of s partial termination, the portion of the fee -Which
is payable with respect to the work under the continued portion of the-
-35=
contract /subgrant shall be equitably adjusted by agreement between the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and
such adjustment shall be evidenced by an amendment to this contractfshb
grant.
(i) The Prime Sponsor may from time to time, under such terms and
conditions as it may prescribe, make partial payments and payments on
account against costs incurred by the Contractor /Subgrantee in connection
with the terminated portion of the contract /subgrant whenever. in the
opinion of the Prime Sponsor's Contracting Officer the aggregate of such
payments shall be within.the amount to which the Contractor /Subgrantee will
be entitled hereunder_. If.the total of such payments is in excess of the
amount finniiy.determined to be due under this clause, such excess shall
be payable by the Contractor /Subgrantee to the Prime Sponsor upon demand, .
together with interest computed at the rate of 6 percent per ants?, for the
.period .from the date such excess payment is received by the Contractor /Sub-
grantee:to the date on which such excess is repaid to the Prise Sponsor: •
• Provided, however, That.no interest shall be charged with respect to an:; such..
excess payment .attributable to a reduction in the Contractor's /Subgrantee's
. claim by reason of retention or other disposition of termination inventory -
until ten days after the date of such retention or disposition, or such •
later date as determined by the Prime Sponsor's Contracting Officer by •
reason of-the circumstances.
•
•
-,(g) The provisions of this clause relating to the fee shall be in-
applicable if. this contract /subgrant does not provide for payment of a fee.:
8.. 'rEEMINATION FOR CONVENIEINCE - • ' • • .
The provisions. set forth- in this•clause 91i 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 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 Prime Sponsor
whenever for any-reason the Prime Sponsor's Contracting Officer shall deter -.
mine that such termination is in the best interest of the Prime Sponsor. •
Termination of work hereunder shall be effected by delivery to the Contractor/
Subgrantee of a Notice of Termination specifying the extent to which per-
formance of work under the contract /subgrant is terminated end the date
upon 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-
materials, supplies, equipment, and miscellaneous items. In addition, the
Contractor /Subgrantee shall exercise all reasonable diligence to accomplish
-36-
the cancellation or diversion of his outstanding commitments covering person
services and extending beyond the date of such termination to the extent tha
they relate to the performance of any work terminated by the notice. With
respect to such canceled commitments the Contractor / Subgrantee agrees to
(1) settle all outstanding liabilities and all claims arising out of such
cancellation of commitments, with the approval or ratification of the ?rime
Sponsor's Contracting Officer, to the extent he may require, which app *oval
or ratification shall be final for all purposes of this clause, and (2)
assign to the Prima Sponsor, in the manner at the time,•and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title
and interest of.the Contractor / Subgrantee under the orders and subcontracts
so terminated, in which case the. Prime Sponsor shall have the right, in its
discretion, to'settle or pay any or all claims arising out of the terminatio
of such orders 'and subcontracts.
(c) The Contractor / Subgrantee shall submit his termination claim to the
Prime Sponsor's Contracting Officer promptly after receipt of a Siotice of
Termination, but'in no event later than one year from the effective date' •
thereof, unless one:or more extensions in writing are granted by the Prime'
Sponsor's Contracting Officer upon written request of the Contractor /Sub-
grantee within-such one-year period or authorized extension thereof.. airpon
failure of the Contractor / Subgrantee to submit his termination claim within
the time allowed, the Prime Sponsor's Contracting Officer may, subject to .
any review required by the contracting agency's procedures in- effect as of
the date of execution of this contract /subgrant, determine, on the basis
of information available to him, the amount, if any, due to the Contractor/
Subgrantee by reason of the termination and shall thereupon pay-to the
_Contractor / Subgrantee the amount so determined. '. , . • -
•(d) Any determination of costs under paragraph (c) shall be governed
by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, ABD PAX- -
J&T Clause of this contract / subgrant.
• • (e) Subject to the provisions of paragraph (c) above, and subject to
• any review required by the Prime Sponsor's contracting agency's procedures
in effect as of the date of execution of this contract /subgrant the
Contractor / Subgrantee and the Prime Sponsor's Contracting Officer nay agree -
upon the whole or any part. of the•amount of amounts to be-paid. to the
Contractor / Subgrantee by reason of the termination under this clause, which
amount or amounts may include any reasonable cancellation charges thereby
incurred by the Contractor/Subgrantee and any reasonable loss upon out-
standing commitments for personal services which he is unable to cancel:
Provided, however, That in connection with'eny outstanding commitments for
personal services which the Conductor / Subgrantee is unable to cancel, the
Contractor /Subgrantee shall have exercised reasonable diligence to divert;
such commitments to his other activities and operations. Any such agreement
shall be embodied in an amendment to this contract /subgrrant and the Col
tractor / Subgrantee shall be paid the agreed amount.
-37 =v
(f) The Prime Sponsor may from time to time, under such terms and
conditions as it may prescribe, make partial payments against costs incurred
by the Contractor / Subgrantee in connection with the terminated portion of
this contract /subgrant whenever, in the opinion of. the Prime' Sponsor's
Contracting Officer, the aggregate of such payments is within the amount to
which the Contractor / Subgrantee will be entitled hereunder. If the total
of such payments is in excess of the amount finally agreed or determined to
be due under this clause, such excess shall be payable by the Contractor/
Subgrantee.to the Prime Sponsor upon demand: Provided, That if such excess
is not so paid upon demand, interest thereon shall be payable by the
Contractor / Subgrantee to-the Prime Sponsor at the rate .of 6 percent per
annum, beginning 30 days from the date of such demand.
(g) The Contractor /Subgrantee agrees to transfer title to the Prime
Sponsor and deliver in the manner, at the times, and to the extent, if any,
directed by the Prime Sponsor's Contracting Officer, such information and
_items which, if the contract /subgrant had been completed, would have been'
required to be furnished to the Prime Sponsor, including . -
(1) Completed or partially completed plans,'drawings, and
information; and
(2) Materials or equipment produced or in process or 'acquired in
connection with the performance of-the - work terminated-1)y the notice. ,Other',
than the above, any termination inventory resulting from the ternination of
the. contract /subgrant may, with the written approval of the Prime Sponsor's .
Contracting Officer, be sold or acquired by the Contractor / Subgrantee under
the conditions' prescribed by and at a price or prices approved by the Prime
Sponsor's Contracting Officer. The proceeds of any'such disposition sha],1
be applied in reduction of any payments to be made by the Prime Sponsor to
to the Contractor /Subgrantee under this contract /subgrant or shall otherwise
be creuited to the price or cost of work covered by this contract /subera.t
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 Contractor / Subgrantee agrees to take such action as may be necessary, or
as the Prime Sponsor's Contracting Officer may direct, for the - protection and
preservation of the property related to this contract /subgrant which- is in
the possession of the Contractor / Subgrantee and in which the Prime Sponsor
has or may acquire an interest. - • - • •
9. CONSTRUCTION AND BUILDING REHABILITATION •
The subcontractor shall not expend Federal funds for construction and
building rehabilitation without prior approval of the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Labor
and the Prime Sponsor'shall be administered under the guidelines of A -102„
and parts of Paragraph IV, applicable to construction procurement.
-38- •
.10. LISTING OF EMPLO`?•TI•'.^ 0_2IrGS
(This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for
. $2,500 or more )
(a) The Contractor agrees, in order to provide special emphasis to the
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable ejplcyrent openings of the contractor which exist at the t_ =e_
of the execution o: this contract and those which occur duri the Performance-
of this contract, including those not generated by this. contract and i_:cludi”r .
those occurring at an establishment other than the one wherein the contract is
being performed but excluding those of independently operated corporate a-'fil`_-
.ates, shall be offered for listing at an appropriate local office of the State
•:eaolo_ment service system vherein the opening occurs and to provide such renoros
•to such local office regarding employment openings and hires as Tray be require_ :.
'Provided;'That if this contract is for less than $10,000 or if it is :etc a
State or local government the `reports set forth in paragra: hs (c) 'and (d)-are
:not required. - - •
(b) Listing of employment openings with the employment service ' srsten pur-
suant to_this.clause shall be made at least concurrent.V with the use of any, -. ' .other recruitment service or effort and shall involve the normal obligations
'which attach to the placing of a bona fide job order, including the a -- =,'•ante
of referrals of veterans and. nonveterans. This listing of employment en i. a
does not raquire.the hiring of any particular job aoplicart or from any p_rtitr.z_a•
grout of job applicants, -and nothing herein is intended to relieve -the Contract--
'from any resuirements in'any statutes,, Executive orders, or regulations rega- zg
nondiscrimination in employment. _ - _•
. (c)- The reports required by paragraph' •(a). of this clause 'shall. include, luo
:not be limited to, periodic reports *.which shall be filed at. least qua:terl;' •=
the appropriate local office or, where the Contractor has more than one estsb__ =h-
aent in a State, with the Central office•of the State employment service. Such.
reports. shall indicate for each estabiishaent'(i) the nutioer -of individuals
we=e hired d i ring the reporting period, (11) the number Of chose' :fired ' O Fere
-disabled veterans, and (iii) therumber-of those hired who were ncndis. ^1a ,1 .
veterans of the Vietnam era. The•co: tractor -shall submit a retort :.e430 --_
after the end of each retorting period wherein any performance is =-_e • ._er ---
contract. The Contractor shy maintain cc-ies of ; ` h_ reports submitted until tbg
expiration of 1 year after final payment under the contract, during.- sire
s 3
they shall be n °de available upon request r examination n7 e - •red. .
request, '�; a. authorized.
_ e_ resentatives of the Cont=acting Officer of of the Secretary of Lebtr.
(d) S;nenever the Contractor becomes contractually bound by the 1_seinv_ '
provisions of this clause, he shall advise the employment service system in _.._.,
State wherein he has establishments of the name and location of. each such csta :
is -
liahment in the State. As long as the contractors contractually bound tom
these provisions and has so advised tFu State employment system, there is,:o.:
-39.=
to advise the State system of subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this contract clause.
(e) This clay a do,__ not apply to the listing of employment openings _
which occur and sre•filed outside of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico', Guam, and the Virgin Islands.
(f) This clause does not apply to openings which the Contractor proposes - -
to fill from within his own organization or to fill pursuant to a custo_ary sal
traditional employer -union hiring arrangement. This exclusion does not apply
to a particular opening once an employer decides to consider applicants outside.
of his own organization or employer -union arrangement for that opening.
(g)" As used in this clause: - •
• (1) "All suitable employment opetings" includes, but is not limited to,. •
openings which occur.in•the follow -ing job categories: Production. and non_prcductson;
plant and office;.laborers and mechanics; supervisory and nonsupervisory; tec'rmica:.;
and executive, administrative, and professional openings which are compensated On
.a salary basis .of less than $18,000 Per year. The terra includes•full -time employ- ..
rent, temporary a nloynent Of more than 3 days! duration, and part-time employment.
-It does not include openings which the Contractor proposes to fill frog within his-
.- on organization or to fill pursuent.to a customary and. traditional employe_ --uabn
hiring arrangement.
: (2) - "Appropriate office of'the State employment service system" means" --
the local office of the-Faderal- SV.'ate 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 Comic—
wealth.•of Puerto Rico, Guam; and the Virgin Islands: . • - .
•
"(3) "Openings which the Contractor proposes.to fill from within his own
• organization" means employment openings for vhich'no consideration will be given •
to persons outside the Contractor's owr. organization (including any affiliates, .
subsidiaries, and parent companies), and includes any openings which the Contract.
proposes to fill frnn regularly established "recall" or "rehire" lists..
(k) " Openings which the Contractor proposes * e * to fill Pursuant
to a customary and traditional employer -union hiring arrangement" means emnloyment
openings for which no consideration will be given to Persons outside of a spec;^sl
hiring arrangement, including openings which the Contractor proposes to -fill frees •
Lion: halls, which is part of the customary and traditional hiring relationship -
whieh exists between the Contractor and representatives of his employees.
•
•
•
(5) "Disabled veteran" reacts a person entitled to disability co bensatio:t
under laws administered by the Veterans Administration for a disability rated at
30 percentum or more, or a person :.hose discharge or release from active duty was
for a disability incurred or aggravated in line of duty.
-40-
(6) "Veteran of the Vietnam era" means a person (R) who (i) serve'_
cn active duty with the Armed Forces for a period or more than 180 days, a._
tart of 'which occurr'r.: after August 5, 1964, and vas discharged or released
therefrom with other than a dishonorable discharge, or•(ii) was discharged
or released from active duty -for service— connectcd•3:isatility if any dart of
such duty was Performed after August 5, 1954, and (B) who was so discharged
or released within the 48 months preceding his application for employment co:___-
b.' this clause. -
(h) If any diEabl -,d veteran or veteran of the Vietnam era believes that '
Contractor (or any first —tier subcontractor) has failed or refuses to co,- .ply.-
t
the provisions of this contract clause relating to giving•special emphasis in-.
.eaoloynent to veterans, such veteran nay file a complaint with the veterans* -
enoloy:rer_t representative at a local State employment service - office who will
attempt to informally resolve the complaint and then refer the complaint Snit
-eport on the attempt to resolve the matter to the State office dr the Veterans'
ployment Service of the Department of Labor. Such complaint shall then be -
vromptiy referred through the Assistant Regional Director for Manpo -er_to the
SeCretar ' ci Labor who shall •i'.1veitigate such co :plaint and shall tae e .such
_ action thereon as the facts and circumstances warrant consistent with the tee='s
of this contract and the laws and regulations applicable thereto.
(1) The Contractor agrees to place this clause (excluding this paragrap h ;,)
in any subcontract directly under this. contract. •
11: . DEJIATIOUS
Under the nost compelling circumstances such as situations where the needs•of
the•Gorernnent cannot reasonably be otherwise supplied, where listing of .
employment openings would be contrary to national security, or-where the re
ouirement of listing would otherwise not be in the best interests of the -
GoverlL.ent, a deviation from this subpart nay be -made, subject to the approval :
of the Secretary of Labor. Requests for any such deviations•shall be-addressed _
to the Assistant Regional Director for Manpower; U.S. Department of Labor,- •
Federal Building — U-S. Cosrthouse, 1100 Commerce Street, 7th Floor, Dallas,
Texas 75202, wherein the contract is to be signed, - and shall set forth-the -_
reasons for the request. _
-41
12. DISPUTES
a. Except as otherwise provided in the contract /subgrant, any
dispute concerning a question of-fact arising under this contract/subgrant .
Which is not disposed of by agreement shall be decided by the Prime
Sponsor's Contracting Officer, t:ho shall reduce his decision to uniting
. and mail or otherwise furnish a copy thereof to the Contractor /Subgrantee.
The decision of the Prime Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of.receip:' of such copy,
the Contractor /Subgrantee mails or otherwise furnishes to the-Prime .
Sponsor's Contracting Officer, a written appeal addressed to-the Prime '
. Sponsor.. The decision of the Prime Sponsor's Contracting Officer for'
• the determination of'such appeals shall be final and conclusive unless
.determined by a court of competent jurisdiction to have been fraudulent,
or capricious, "or arbitrary, or so grossly erroneous as necessarily to
-impiy,bad faith, Or not supported by substantial evidence. - In connection
with any appeal proceeding under this clause, the Contractor /Grantee shall
be afforded an opportunity to be heard and•to offer evidence in support of -
its appeal. Pending final decision•of a dispute hereunder, the Contractor/
Subgrantee•shall proceed diligently with the perfornance of the contract /
subgrant and in accordance with the Prime Sponsor's Contracting Officer's
• decision. : . . - .
b. This "Disputes" clause does not preclude'consideration of lair • •
_questions in connection with decisions provided for in paragraph (a) . • .
above: Provided, That nothing in this contract /subgrant shall be construed
as making final the decision of any administrative official, representative> .
'or board on a question of lam. •
13: SUBCONTRACTI!G
The-subcontractor shall obtain written consent of the Prime Sponsor prior
to subcontracting any parts of this agreement. The Contracting officer .
may, in his discretion, ratify in writing any such subcontract; such
action shall constitute the consent of the Contracting Officer as required
by this paragraph. •
14. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in
writing of any actions or suits filed and prompt notices of any claims
made against the Prime Sponsor, the subcontrac'.or, or any of the parties
involved in the.implenentation and administration of the CETA Program.
-42-
15. O;JET OF PRECEDEUCE
In the event there are inconsistencies or conflicts in the grant and/or
contract, unless otherwise provided, thereon, the inconcsistencies shill
be resolved b;; giving precedence in the following order:
1. The Act (Public Lau 93 -203, 87 Stat. 839) •
2. The regulations as. approved by the Secieta_ri of Labor
3. Special Clauses
4. A -102
5. A -8T
6. The Conprehensite Manpower Plan as stated in the grant as:-
app?icable to each title.
•
-43=
ASSURANCES AND CERTIFICATIONS
The applicant also certifies that the information in
this application is correct to the best of its
knowledge and belief and the filing of this application
has been duly authorized.
Corpus Christi State School P. 0. Box 9297
(Legal Name of Applicant) (Address)
(Signature of Chief Elected
Official or His /Her Designee)
Dr. Gary Sluyter
(Typed Name & Title of Chief
Elected Official or His /Her
Designee)
-44-
September 1, 1977
(Date of Application)
AVAILABILITY OF FUNDS CLAUSE
The Program Agent'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 Program Agent for payment of
any money shall arise unless and until funds are made available to the
Program Agent for this procurement and notice of such availability, to be
confirmed in writing by the Program Agent's Contracting Officer, is given
to the contractor.
This request does not commit the Program Agent to pay for costs incurred.
in the submission of a proposal or for any costs incurred prior to the execution,
. of a formal contract unless such costs are specifically authorized in writing
by the Program Agent's Contracting Officer.
-45 =_
CONTRACT N0. 160 -8550
STANDARDS OF PERFORMANCE
The Corpus Christi State School will perform according
to the rules and regulations as set forth in the Coastal Bend Manpower Consortium's
Title VI grant application and the Rules and Regulations established for Title VI
under the Comprehensive Employment and Training Act of 1973 as published in the
Federal Register, May 13, 1977, Volume 42, Number 93 as well as any additional
Federal Register made reference to and cited therein.
The grantor will review the monthly performance of the contractor in terms of
the contractor's ability to hire the planned number of individuals. To the extent'
that the contractor is not able to perform effectively, funds may be deobligated
and redistributed to alternative contractors. -
-46 =.
Bonding Requirements
SUPPORTIVE DOCUMENTS
Cash Depositories
Advanced Payments Approval Form
4. Agreement for a Special Bank Account
5. Insurance Requirements
6. Certification of Accountability
_47_>
BONDING REQUIREMENTS
1. Persons authorized to sign checks and withdraw funds from Special
Bank Account:
2. A copy of bond covering the above listed individuals.
-48 .
CERTIFICATION
FOR
CASH DEPOSITORIES
A -102 - ATTACHMENT A - Paragraph 3
The undersigned hereby certifies that:
"Any moneys advanced to the State or local governments which are
determined to be "public moneys" (owned by the Federal Government)
must be deposited in a bank with FDIC insurance coverage and the
balances exceeding the FDIC coverage must be collaterally secure,
as provided for in 12 U.S.C. 265.
BANK USE GRANTEE USE
Bank Name Grantee's Name Cnrpuq Christi State School
(Signature)
(Date)
(Type Name) (Type Name)
(Signature)
(Date)
Dr. Gary Sluyter
(Title) (Title)
AUTHORIZATION FOR ADVANCE PAYMENT
An initial•advance payment to the contractor in the sum of $14•,145-- -
is hereby authorized.
Subsequent payment must be requisitioned monthly oa a - form prescribed by
the Administrative Unit in conformance with federal requirements as outlined
,in -the Fiscal Activities Guide for Prime Sponsors under the Comprehensive -
Employment and Training Act of 1973.. • • -
Such payments will be made based upon the monthly submission of financial
reports, and cash requisitions to the Administrative Unit documeating prior
expenditures and anticipated expenditures.for a period not to exceed 45.days,
the first day of which shall be the first day of the month is which the report '
is due.
•
' All initial and subsequent advance payments will be made without interest.
The contracting officer hereby determines that the making of such advance
-payments without interest is in the - ,,,,hit.. interest - - .
AGREEMENT FOR SPECIAL BANK ACCOUNT
The Corpus Christi State School
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and
, a banking corporation
located at
hereinafter referred to as the Bank, hereby mutually agree as follows:
1. As a condition to the making of advance.or supplemental payments
under the Contract between the Contractor and the Program Agent, amounts advanced
to the Contractor by the Program Agent shall be deposited in the account estab-
lished at the Bank, designated as the "Corpus Christi State School Title VI
Project
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance
Corporation Act (Act of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract referred to in
paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the.-
above Special Bank Account is concerned, and particularly shall not permit with-
drawal of funds from the Special Bank Account except by persons named in said
contract as authorized to incur and pay costs on behalf of the Contractor, but
shall not be responsible for the application of funds withdrawn from'the account.
4. The Program Agent shall' have a lien' upon the credit balance in the Special,
Bank Account to secure the repayment of all advance or supplemental payments -made
to the Contractor, which lien shall be superior to any lien or claim of the Bank
with'respect to such account.
5. Upon receipt of written directions from the Program Agent or his duly
authorized representative, the Bank shall act thereon and shall be under no
liability to any party hereto for any action taken in accordance with such written'
directions.
6. In the event of the service of any writ of attachment, levy, or execution`,_
or the commencement of garnishment proceedings with respect to the Special Bank
Account, the Bank will promptly notify the Program Agent.
7. Authorized representatives of the Program Agent shall have access to
the books and records maintained by the Bank with respect to such Special Bank
Account at all reasonable times and for all reasonable purposes, including, but
not limited to, the inspection or copying of such books and records and any and
all memoranda, checks, correspondence or documents appertaining thereto. Such
books and records shall be preserved by the Bank for a period of six (6) years
after the closing of this Special Bank Account.
-51,
8. All moneys deposited in the Special Bank Account are public moneys subject.
to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to take
all necessary measures to qualify with the Secretary of the Treasury as a
depository of public money and to deposit satisfactory security by the deposit
of United States bonds or otherwise, for the safekeeping and prompt payment of
. the aforesaid public moneys as required by the regulation of the Secretary of
the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the last day of signing set forth below:
BANK USE
BANK COLLATERAL
BANK NAME
-
BANK COLLATERAL required, based upon
estimated maximum bank balance,.(exclud-
ing FDIC coverage of $40,000), is
$ •
SIGNATURE
DATE
TYPE NAME
TITLE
CONTRACTOR USE
THE PROGRAM AGENT
CONTRACTOR'S NAME
Corpus Christi State School
SIGNATURE
DATE
SIGNATURE
DATE
TYPE NAME
R. Marvin Townsend
TYPE NAME
Dr. Gary Sluyter
TITLE
City Manager
TITLE
-52'-
•
INSURANCE•REQUIREMENTS
•Copy'of workmen's compensation policy .
-including persona covered or similar
type of insurance for same purpose.*
-53;-.
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 fwr y 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.
2. Will the Accounting System-be
directly maintained by you?
•
Q Yes Q No (If No, who will. -
maintain the account-
-. ing system? -
Name and Address
•
' 3. Are you Familiar with the Department of Labor Audit Requirements?
•
•
D Yes [1.1 No '
.l. Description of your Financial Accounting System (Indicate whether the system is
manual. or automated and describe how it will meet the record keeping, reporting,
and accounting requirements of the Manpower Administration_)
USE CONTINUATION SHEET IF NECESSARY
CERTIFICATION�I certify that to the best of my knowledge and belief this report,i;
correct and complete
Name and Title of Authorized Official
Signature
Telephone No. and Area:;Code
Date of Execution
-54-
CETA CONTRACT
NATIONAL FOUNDATION - MARCH OF DIMES
TROPICAL COAST CHAPTER
TITLE VI
TABLE OF CONTENTS
CONTRACT SIGNATURE SHEET Page 3
PROGRAM SUMMARY Page 4
PSE OCCUPATIONAL SUMMARY Page 5
PROGRAM NARRATIVE Page 6
CETA PROGRAM PLANNING SUMMARY Page 8
BUDGET INFORMATION SUMMARY Page 9
PROJECT OPERATING PLAN SUPPLEMENT Page 10
PROJECT COMPONENT BUDGET Page 11
ASSURANCES, CERTIFICATIONS AND SPECIAL CLAUSES Page 16
AVAILABILITY OF FUNDS CLAUSE Page 44
STANDARDS OF PERFORMANCE Page 45
SUPPORTIVE DOCUMENTS Page 46
-2=
. CONTRACT SIGATURE SHEET
CONTRACT .liO _ ,
160 -8551
PIODIFICATION NO.
GRANTOR (Program Agent)
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78408
CONTRACTOR
National Foundation - March of Dimes
•
Tropical Coast Chapter
4445 S. Padre Island Drive -
Corpus Christi, Texas 78411
This contract is entered into by, the Program Agent, hereinafter referred to
as Grantor and the National Foundation - March of Dimes hereinafter
referred to as Contractor.
The Contractor agrees to operate a Comprehensive Employment and Training Program
in accordance with the provisions of this agreement. This contract consists of
this sheet and such general and special assurances as are included herein
(See Page 2)
A. OBLIGATION
(1) The total estimated Federal cost of the CETA FY(s) _
19.77 • program is -$ 1,600 as
reflected in Section E, f, Line 7"o£'the Budget Information
Summary. This estirated cost•will cover the. period .
• September 1, 1977 to November 16, 1977
(2) Funds obligated by the Program Agent are
• . $ 1,600 . These funds cover the period
September 1, 1977 to November, 16; 1977 • _ •
•
B. MODIFICATION -• • • •
(1) This modification %]increases %%decreases /7does not change
the funds previously obligated by •
$ to a total obligation of
(2) Description of Modification
•
C. TITLE AND FISCAL YEAR .
. The total funds obligated for this contract by title and fiscal year are
fiscal Year Title 1 Title II Title VI TOTS
11977 atimul4ia 51,600 81,600
TOTAL - 81,600 S1.600
APPROVED FOR THE CONTRACTOR
By: Betty Pentony; Executive Director
APPROVED FOR THE GRANTOR
By: R. Marvin Townsend, City Manager
(Signature) (Date) (Signature) (Date)
ATTEST:
City Secretary
BY: Jason Luby, Consortium Chairman
Mayor
- APPROVED: APPROVED:
day of ,1977
Director of Finance
City Attorney
-3-
1
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
_ Mrs. Betty Pentony, Executive Director
DISTRIBUT
4. CONTRACTOR
ION OF FUNDS
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
National Foundation of
March of Dimes
Non - profit
organizatio
City of Corpu
1 Christi
10. TOTAL
2. CONTRACT NUMBER
160 -8551
3. TITLE VI
1D JOBS
8.N0. OF
9. FUNDS
JOBS
1
$1,600
1(-
ij
1
$1,600
11. OTHER ACTIVITIES
12. TOTAL
• -47,
$1,600
PSE OCCUPATIONAL SUMMARY
1. GRANT NUMBER
160 -8551
'2. CONTRACTOR
National Foundation - March of Dimes
Tropical Coast Chapter
4445 S. Padre Island Drive _
Corpus Christi, Texas 78411
3. OCCUPATIONAL TITLE
NUMBER
OF JOBS
CETA MO.
WAGE RATE
JOB
DURATION
TOTAL
WAGES
(A)
(8)
' (C)
(D)
(E)
National Foundation of
March of Dimes
SPECIAL PROJECT POSITION
Program Assistant
1
$500
2.5
$1,250 •
4. TOTAL
1
$1.250
-5-
PROGRAM NARRATIVE
A. Public Service Employment participants employed through the Title VI
Special Projects of the Comprehensive Employment and Training Act of
1973 will be recruited and employed consistent with the Rules and
Regulations as published in the Federal Register, May 13, 1977, Volume
42, Number 93. Special project positions will be used to accomplish
specific tasks not to exceed 12 months as reflected on the attached Project
Data Summaries incorporated and are made a part of the Program Narrative.
E. Recruitment for position vacancies will be initiated by the Contractor
through the Texas Employment Commission, its own facilities, as well as
any other appropriate referral agency. Eligibility certification of
applicants will be consistent with a form prescribed by the Program Agent.
Selection and hiring of applicants certified as eligible for Title VI
program participation will be conducted by the Contractor.
C. To insure, as specified in the Act, that individuals from certain•groups
receive special consideration for employment under the Title VI extension,
all vacancies will be listed with the Texas Employment Commission.
D. Monitoring of the program will be the responsibility of the Contractor
and is also subject to monitoring by the City of Corpus Christi as the
Program Agent.
-6?>
PROJECT DATA SUMMARY
•I Project Number
160 - 8551 -01 -31
Contractor's Name and Address
City of Corpus Christi
P. 0. Box 9277 -
Corpus Christi. Texas 78408
2. Project Agency and Address
. Tropical Coast Chapter -.National Foundation
March of Dines
4445_ S. Padre _Island: Drive •
Corpus Christi; Texas 78401
Name of Project
Prenatal Education for Youth. ..
:rpose of Project and Brief Description of Work to be Performed
A special project would provide for prenatal education .for teenagers and young
adults. All high schools and junior high schools in the city would be contacted-
offering.films, educational materials and programs. An.effort would be made to
involve young people in'the March of Dimes.
Number of Participants to be Employed in Project*
1
5.. Operational Dates
From:Sept.1,1977
To: Aug.31,19
:f
Project
: ational
Public
service
'Health &
Hospitals
areps
S -A- ap
Transporta-
ion
ropraac=
!,......=.,
Environ-
mental
•
Creative
_Arts
$ 6,000
Recreational. &
Park. .
$
nreement
.
Social
Services
x
Fire*
Protection
$
Public
Works
$ -
Housing
.. ,.. *x
$
Other.
(specify) ,
$
.Lr..,rp.... 4u�u .,«.m..1........
Job Title •
"` °- ..-,
Aver. Annual
W T:r
---- - -- - -� - -- -
PS Job Title
Aver. Ann
Wage
•
'_ogram Assistant (1)
$ 6,000
$
$
$
.
$
$ -
$
•
$
. not include anticivanted turnover-.
a. GRAN'TEE'S NAME AND ADDRESS
National Foundation -March of Dimes .
Tropical Coast Chapter
4445 S. Padre Island Drive
Corpus Christi, Texas 78411
U.S. DEPARTMENT OF LAD01t • Manpower Adminblrallan
'•CETA PROGRAM rL.ANNING SUMMARY
b. GRANT NUMDER
160 -8551.
c. GRANT YEAR •
From
September 1, 1977
, FOit 116610NAL OFFICE USE ONLY
CO 2T0ACT KEY
L
O
2:
MOO. DATE
MM
OD
YY
)
I•
0
2
'16
6
I7
619
1:
DI I:I1 I u� 17
111t�Y 7 CV. X.— a 4`02! 1e
tl. TYPE OF PROGRAM
To 1. O TIM 1 • 3. O Title III Specify
November 16, 1977' 7. O Tine a Tate vI
INSTRUCTIONS FOR COMPLETING SECTIONS 1, 11, ANU 111
Sea I: A (Total EnrollnteuU) It the sum of A.1 and 11.2, D (Total Terminatiam) D the turn of 2.1 through
11.3, C (Planned )ON011ments) Is A minor 11.
See. III Enter In line (a) CNoumenla to each program activity cumulatively through the want year, and in lint
(b) the number of participants planned to be enrolled in each program activity at the end of each
quarter; participants who are concurrently enrolled in more than one activity should be counted in each
activity In which they are enrolled.
See: (Ile Enter the cumulative number of participants in each segment to be enrolled during the gram, year.
Participants should be counted In as many significant segment groups. as are applicable.
• I. ENROLLMENT AND TERMINATION SUMMARY
GRANT YEAR•TO•DATE PLAN
'
2. REPORT
D PERI00
A. TOTAL
ENROLL.
MENTS
1. Enrall.
menu
his f.
2. Parllel•
pants Cam*.
0222
D. TOTAL
TCRNINA•
TIONS
1. Entering
Emyvoynart
L Dbeat
PICmIL
•
0.100)7(2)
Plemlt.
e. OOWinen
Gnp)Oymen
2. Otn.7
P0172.e
3. NO2.
701)1)22
C. PLANNED
CNROLLaIC.�'T`.
lend of g+Y•:
Voe. Ed.
2
2
09
7
7
T
0
0
0
0
n
n
n-
n
1
1
27
7 1
1
0
. 0
0
0
0
0
0
0
1
c•
1
017
•
3
0) CJr to ..1.7. C•06111d
1
2 7
7
1'
c
1
0
6 7
01
7
..
.
•
•.
3
01 Co•renit7 Cete1120 •
e
1
2177
2110
25 2G
]i
]6
4/ • •
46' .. '
51 '
S6 t
01.•
G6
71 • •
7G
• 1
7 1
II. PLANNED ENIIOLLMENTS IN PROGRAM ACTIVITIES
IV. .OTHER ACTIVITIES '
(Reference IIF) '
Indicate other aetivilies of special programs on anaeh•
munu. Describe their objectives and list milestones
towed their achievement In a quantitative or narrative
presentation.
presentation.
-
.
,
.
•
•
•
A D
C
0•
C
F
CLAMED TRAINING
On•Ihs•Job
T1110122
Pub. Sane,
employment
Work
Cxptrtcnee
Other
Activities
Prima 00 ,2
Voe. Ed.
L+
2
al Tota) Enrollments
0
9 )
7z
il)
(b)
1
(o)
.s..,.
p
3
01 Gun roar [molted
0
9 )
__
7 ,_
F
-
1
• r)
2
21 Talal Cnrolhnentl
2
2 7
7
C
1
L..
J
3
0) CJr to ..1.7. C•06111d
1
2 7
7
1'
—
2
et 72.1.) 0,.rolin•cnll
01
7
..
.
•
•.
3
01 Co•renit7 Cete1120 •
0
] 7
C
Cr
2
r) 7nta1 Lea61;mll ¢n
0
G 7
—
-�
•
D
3
21 Cur,enny Enrolled
0
6 7
1
7 3
217:
7: 74.70
26 .
71.
74 • Al •
4)
01 . •
111. SIONIFIC4NT SEGMENTS .
.
S•GUIFICANT •
SECMCNTS
GRANT YEAR•TO•DATE PLAN
SIGNIFICANT
SEGMENTS
GRANT VEAR•TO•DATE PLAN
no
12/11
3/31.
.6/10
9/.0
12/31
1101
6/30
NI
Ibl
IC)
(dl �'
il)
(b)
(U
(o)
.s..,.
A
Unemployed
1
_
1
"
F
-
D
C
.
O
1
C
J
•
omo Appro.! NO. 44.111573
Expiration 0/141 6/30/77
A. GRANTEE'S NAME AND AoonEsS
Foundation-March.of Dimes
Tropical Coast Chapter
4445 S. Padre Island Drive
Corpus Christi, Texas 78411
0. FOR REGIONAL OFFICE USE ONLY
U.C. DEPAIITMCNT or LArion
Employment end Tulning Adminbtralen
•
'BUDGET INFORMATION SUMMARY
G. GRANT NUMBER
160-8551
C. TYPE OF PROGRAM
1. 0 21110 I 3. 0 Tttly Ill
2.- 02111. 11 (Speelfrl
1i•
evt
f-
a
‘6.1
0
411
621
112
ACT NEV
H
12113 14112
it a
.1X •
E °
8
10120
Z
MOD. DATE
MM
130
211-27127
trt
26121
20129
• J1
30
4. )13 Title VI
E. BUDGET ELM MARY COST CATEGORIES
2. CGIANT PROGRAM
FUNCTION OA ACTIVITY
1. AdmInirtration
2. Allowances
3. Wage'
4. Fringe Iteneftra
5. Trolninq
6. Service'
7. Totals
ESTIMATED UNEXPENDED FUNDS
7.
1 2
G
NEW 011 ncvisEo OUOCCT
A limpf NINA' d. 'NUM
70.247.77,727;' 1 2 3 21 26
i000.4i" 0 2
,...t..1 .7 4....ii-`41 is• 1
$1,250
350
3
f. TOTAL
;;;.,..y. • .., • ,•..
-7.="7-•
$1,600
F. CUMULATIVE QUARTERLY PROJECTIONS OF OOLICAT ONE AND EXPENDITtRIES
(For Ouarter Ending)
. .
_ _
.
1. Prime Sponsor Obligations
1 2
'Fr'?)"
. :,..,....
a
3
3
'121 2! 24 2'
1 3107
21 23 24
'
1 2
2 A, 2
22 2 24 25
1 2
3 '. 2 2.. , 24 25
22
-7
.5. 1 7
••••:.
.d-
41
.••
I .._a,
•,•• ,:t
26
3
1'
ri
.
•
17;
>2 v
_
C
bl' 1
t i
I's
yg.
26
3
3`
0 0 7
-L.
C
..t. i
t- • • C.I Ell AN
20
3 . $650
3, 650
26
$1,600
'
G
•, j;
.14 f
2. Totarlimiceled Expenditures by Program
. •
7
Ss
41
1 600
.
.
4.
4
4
a. Clat000m Training, Prime Sponsor
..r. ...,
q; .:.
53
62 . • 0.50
b. Colltolob Validly)
4.!
.: ii
53
•••
62 •
Public Service Employment
' -
62
1 600
.),1 :Ai
62 .
.
e.
d. Work Experience
i . '
.
71
$
7
71
3 26
•
c• i.
1 2
7
3 2G
e. Se3012es to Participants
1 2
3
26
1 2
3 26
G
4 •
G
4
.■.....--
G II
s,
4
35
.
1. Olher Activities
en -y:
3.5
'
I. 9
35
3. Projected Expenditures for Vocational ta..
In Special Grants to Governors
••si
.• .
44
g l'
;11 `it
4
.
P. t.
i .
44
.
NooFed. Funds
v:-
a.
53
at .7.
53
02
....g7
4. Protected Expenditure" of
Not In Prime Span. Orent
loll
62
I '
62
.i, big
62
5. Other FM. Funds.
6. Grand To3a1 • Projected Expendltures
,..1,
.2.-
(t: X
75
$1,600
-
SY
71
•
..r,, „
71
71 $65Q
r1,1 0.340
•
Non: 10261
1 •
TITLE VI PROJECT OPERATING PLAN
SUPPLEMENT
'
Number of Individuals Planned .
To Be Enrolled at End of Each
Month
III. Cumulative Projected
Expenditures by Month
.
%.. • ,$ept 77. 1. . $
650
.
_ Oct. 77 1
1,300
•
Nov. 77 1 ..
$1,600
•
•
II.
•
Previously Employed by Same Employer
/ / TITLE I
PROJECT COMPONENT BUDGET
/ / TITLE II /X/ TITLE VI
TAME OF CONTR!'..CTOR OR SVECPANTE :
National Foundation - March of Dimes - Tropical Coast Chapter
FUNCTION OR ACTIVITY:
Public Service Employment /Title VI Special Project
(1) ADMINISTRATIVE COST:
(2) WAGES:
(3) TRAINING:
(4) FRINGE BENEFITS:
(5) ALLOWANCES:
(6) SERVICES:
TOTAL AMOUNT
AMOUNT
1,250
350
' $1,600
BACK -UP SUPPORT BUDGETS
(1) ADMINISTRATIVE COSTS N/A
a. STAFF COSTS:
b. FRINGE BENEFITS:
c. CONSUMABLE OFFICE SUPPLIES:
d. PROGRAM EVALUATION:
e, ACCOUNTING SYSTEM:
f. MANAGEMENT INFORMATION SYSTEM:
g. STATE MANPOWER SERVICES COUNCIL:
h. PRIME SPONSOR PLANNING COUNCIL:
i. TRAVEL:
j. RENT:
k. UTILITIES:
1. CUSTODIAL SERVICES:
m. INDIRECT COSTS:
u. STAFF TRAINING:
o. TECHNICAL ASSISTANCE:
p. EQUIPMENT,:
q. MATERIAL:
r. CAPITAL IMPROVEMENTS:
s. PUBLICATIONS:
L. AUDIT SERVICES:
u. OTHER: (Specify)
v. OTHER: (Specify)
w. OTHER: (Specify)
x. OTHER: (Specify)
-12p 4.
AMOUNT
N/A
SUB -TOTAL -0-
BACK -UP SUPPORT BUDGET
(2) WAGES:
a. On- Job - Training:
b. Transitional Subsidized Employment:
c. Other:(Specify)
d. Other:(Specify)
(3) TRAINING: N/A
a. Salaries:
b.• Fringe Benefits:
c. Tuitions:
d. Entrance Fees:
e. Books:
f. Teacher's Aids:
5.
h.
Other:(Specify)
Other:(Specify)
Sub -Total
Sub -Total
AMOUNT
$1,250
$1,250
BACK -UP SUPPORT BUDGETS
(4) FRINGE BENEFITS:
a. Annual Leave:
b. Sick Leave:
c. Court Leave:
d. Military Leave:
e. FICA:
f. Life Insurance:
g. Health Insurance:
h. Unemployment Insurance:
I. Workmen's Compensation:
j. Retirement Benefits:
Amount
$ 75
25
k. Other:(Specify) Travel 250
1. Other:(Specify)
(5) ALLOWANCES:
N/A
• -14 -.
Sub -Total $350
Sub -Total -0-
BACK -UP SUPPORT BUDGETS
(6) SERVICES TO CLIENTS: (N /A)
a. Child Care:
b. .Health Care:
c. Medical Services:
d. 'Residential Support:
e. Assistance in Securing Bonds:
f. Family Planning:
g. Outreach:
b. Intake and Assessment:
1. Orientation:
j. Counseling:
k. Job Development:
:1. Job Placement:
m. Other:(Specify)
n. Other:(Specify)
o. Other:(Specify)
-15=
AMOUNT
-0-
Sub -Total -0-
Grand Total $1,600
ASSURANCrS AND C:.RTIFICATIONS
A. General Assurances -
-1. The applicant assures and certifies that:
a. It will comply with the requirements of the `
Comprehensive Employment.and Training Act (CETA) of 1973, as
.amended (P.L_ 93 -203, 87 Stat. 839 and P-L_ 93 -567, 88 Stat_
1845 and P.L. 94 -444, hereinafter referred to•as the Act,
and with the regulations and policies promulgated thereunder;
and .
• b. It will comply •with_ OMB Circular number A -95 and
'Federal Management Circulars (FMC)••74 -4 and 74 -7, as those
circulars relate to functions such. as the utilization of
•'funds, the operations of programs, ind ma.ntenance.of records;:.
books,f,accounts, and other documents under. the, Act..--.,' •
2. ' 'The applicant further assures and-certifies that i.f
the regulations promulgated pursuant to the Act are amended. •z'..
or revised, it shall coaply•with them_. "
• 3. In :addition to the reouiremer ts. of rand 2 above' and
consistent with the regulations issued Pursuant to the Act,.
the applicant makes the following further assurances and 0 •
certifications: 0 -
a.• It possesses legal authority to apply for the •
. grant; that a resolution, motion, or similar action has been.
.: duly adopted or. passes as an official act of the applicant's.
governing body, authorizing the filing of the application,
including all'understandings and essUrances•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•add.itional information
as may be required (sections 102(a); 701(a)(9) and (10)).-:
b. It will comply with title VI and VII. of the Civil Rig'
Act of 1964; (P.L. 88 -352), and in accordance with title VIII,and V.
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.other-
. wise subjected to discrimination under any program or activity-. .
for which the applicant received Federal financial assistance
and will immediately take any measures necessary to effectuate
this agreement. -• •
c. It will comply' with Title VI of the Civil Rights Act. of 1964', -
(42 1= 2000d) prohibiting erolo}:rnt r-s iraton where (1) the pri ery
Q,-- S2 of a greet is to provide ernlav merrt or (2) di s=i ina tort' lo; er t
.F.:adices will result in unequal t.---.thent of persons who are or should be
Fen=i:itirg from the grant -aides activity. • - .
d_ No person with responsibilities ties is the operatic z of any program
1.mder the Act wall ,di T:nit .ticn with resp t' to any program participant or
any application for participation in suss p..L.y_cl<< because of race, creme,
cn1o±, national origin, sex, age, political affiliation or beliefs (section
703 (1) and 712) _ •
e. • It will oz=aply with t''_ reams -~ is of the provrisinrs o- the
Ur.54= R°10c..t on A i ti'r'e ark. Pao P ocer`y Accrtisit:mt As-"t of 1970 .
91-646) which provides for fair and. e u :table ea- -- tt.of ern
disaaced. as a =snit of .e�al acs- E&-.�'zUy- assisted r-as_ , •
• f. It will oily with tiL govi_sions of ti's Eatcit Act caiir. ]unit ` %:'
t` political. activity of aoloye .
• q_ It will ral=ly with the rte' t thal.-. m m Comer the'
Act sha:-.11. involve political. activi ty eS (sect =cn 710 and 703 (2)) - .
• h. It Will establish f yeti s to prohihit 417a using
{iP;r positions for a p.pose that is or gives the anneara=te of being :':
rogrtcral by a. desire for private gain for -Ebel-selves or o h._-rs, particz,lariy
ti-• with whron this have family, business, +s, or oi-1,=,- ties (section 702(a)).
i. It will give the Cepartce^_t of labor and the Cc troLler • •:
though any authorized re22s the the aoess to and the right to
examire,-allrec=ds, boots, par -s, or hoot tents related to. the grant (s . on.
j_ Paraacipants in the rcc+j. ut will not be Employed on the const:actiort
c atiaa, orarainterax o of that.pa'-tof anyfaciliiy whir-h. is used
rel i ±o s i„ ,ct- rm- or s rsh±n (section 703 (3) ) - - - - .
773 (2)1 _
k. Appropriate s amxa-�s for health and safety in irk and tiai.nin g
-it Ions will he r:.ain irk (sacth n 703(5)). •
I. Conditions of e:=1c rent or La_iri will be and •
reasonable_ with regard to the type of work, the geographical region and the
r -r=hcy of the applicant (s---`ion 703(4)). -
-li-
?so ± 1O s o` v Dr)cr n's c ,-cp_nsatioo. protection to rzrticipa*Lts
on- the --jcb training, g, .ark exr ie-e, or plc' lic service --alcy_c_rct n. as
-the Act at the same. level and to the same extent as other et 1oyees
the eroloyer who are cove`e3 by a State or. industry w�r?ci eea's ..nsa tion
`tt t; erri provision of oorcran's cr e sation irsuran e or 'radical era " . •
—;! a
insurance for injury or die ?ase resulting frca their nexticipation
3 those ir. ividnal s engaged in airy poets activity tamer the Wit, j..e -; .
xrk eoerie:ce, on -the -job training, public service eTplayment, classroat'
iri services participants, and other activities, Where others
^u1T�, ZJ1CS t0 p?,-'.j. ��' , r hx
ioilarly engaged are not covered by an a plicable tor .eh's carnensation..
ttte (sections 703(6) and 209(4)).
n. The p_•ogr<n will not result in the displac rant cloyed.
='. =,'S or im^ai-c existrg oonizactS foe ser ices or result' in the substi"i_''1
ion of E' zal funds for otb= fLutds in onn=cJ-on with w on . that tw' u1 R
thv,-uri se be perfa=3 (section 703(7)).
• O. .71-411.1123 11.1123 wi ]. not be for any cccmati nnS' wYich ruse less
two vr..� of s•e-riplayrmr& trairin;, unless ii radiate mtolayErant
are aysile1 e in that. c ._. ation (secti a 703(0)- is
. p. Training and related services w l3., to the extent practicable,
:e rorith L with every indiv aml's fullest cerabilities and i e.si t i.
iirym*t c mities•whidn will enable ratticiraes to i e• ec ...— ical v
>e7 f- s,- F=;, -; eat (sections 703 (9) and 105 (a) (6)) - ;
q. Iasti t*`,i enal sTd11 traislitg and training an the 3c.3 shall '
illy be for occspay` i = i i itch the 5�-e ,y or the pr to sponsor has
i_•=••m;ran there is re sanahl r e ation for a plavre.nt (s-t_..1 on. 703 (10)) .
_. CE1funds will, to the extent practic hl e, be to to staple^° ,
rather then st.splant,
the level of ftnris fret would athezwith be available •
fE the —13.1..enning and arani n; itrat oa of p_'L^yr. :s' twde the eligible applicant's
,--rsrt (section 703 (11)) . • • - . .
s. It will s ±xtd t reps as r din by the Secretary era will
cai,r_;U records and sovi.de a=ss to ti et as ne cessary for the S eta-ry's
review to assure that funds are being ram in aco=dase with the pm". •
poses and provisions of the fit, irrltr'ing the maintenance of i-eccmds to •
assist the Secretary in deterrenisg the extent to `W'h'ich the progrer xets
the special needs of disadvantaged, chronically un_ p1oyed,_ and ica in. cr •
persors for meeni tq�_-„1 employlrett opcor iiti es (sections 703 (12) ar3 311(c)) .
t.. The progr= will, to the maxim= extent feasible, Qntribnte
to the occupational develop -tent or ur _rd i obility of individual participants
(section 703 (13) ) . • . -
- -18-
u. The program has adequate administrative and
accounting controls, personnel standards; evaluation proce-
dures, availability of in-service training and technical
assistance programs, and other policies as may be necessary
to promote the effective use of funds (section 703(14)).
•
v. The program makes appropriate provision for the
manpower needs of youth in the area served (section 703(15))_,.
w. Individuals:receiving training' on the job shall'..
be compensated by the employer at such rates, including • •
• periodic increases, as may be deemed reasonable under regu
lations prescribed by the Secretary, but in no event at a.`:
rate which is less than the highest of: '.1) the minimum wage,'
rate specified in section 5(a).(1) of-the Fair Labor Standards'•
Act of 1938, The only exceptions to sec. 6(a)(1). are those-.
pertaining to the Commonwealth of Puerto•Rico, the Virgin "
Islands, and American Samoa, where wages shall be consistent
with provisions of the Federal, State,.. or local law, otherwise:.
applicable. Wages paid to participants in the Trust Territory:'
•' of the Pacific Islands shall be consistent with local law,..•.' `•
.except on Eniwetok Atoll and. Kwajalein Atoll, where sec. 6(a)(1).._:
is.applicable; 2) the State or local minimum wage for the
most nearly comparable- covered employment;- 3) the prevailing':
rates of pay for persons employed in similar occupations by
the same employer; 4) the minimum entzanct rate for
occupation among other-establishments in the community or.-'.:
• area or, any minimum rate reequired•by,an applicable collet- •
• five bargaining agreep.ent; 5) for participants on Federally:
funded or assisted construction projects, the prevailing .
• tate established by the Secretary, in accordance with. the':••
Davis -Bacon Act, as amended, when such rates are required
- by the Federal statute under which the assistance was provided.:. •
x. It will comply with the labor standards require------
ments set out in section 706 of the Act_
y. Services and activities provided under -this Act'
will be administered by or under the supervision of the
applicant (sections 10S (a) (1) (B) and 205(c)(1)). : .....
z. No funds made available under the Act. shall-be :
• used:for lobbying activities.in.violation of 18 USCA 1913_
aa. If the applicant is financed by letter of credit:
(1) - Letter of credit cash drawdowns will only be
initiated when actually needed for its ETA grant(s) disburse-:.
. menu ; • • •
- -19-
(2) Timely reporting of cash di.sb.s.-.ser.ents and bala.r.:-.-,es will
e rade4to the Etployrent era Tra.inirg A±:-....inisinratictt as requir; -
(3) It will inpose th e.. sere starZa.';'ds of ti,--Lirg ar_d umlaut •
secoraary recipients including the f.m-riishir4 of reports of cash
fieseatents and
b.b. For grants, surants, contracts, and sub=ntrac 5 excess
f $100,000, or Tthere the =ntracting officer hes det=in..... that orders
ind.ini-te quantity correct or subcontract in any year will exce-= .
-100,00G, or 51 a facilit-y to he used has- been the:subj-t of a. conviction , • '
the. Clean Air Act (42 U.S.C_ '1857C-8(c) (1)) or the Feel Wat.er Pollu-
dcz 2ct (33 U.S.C. 1319(C)) and is listed by the LTriz-oorantal • • -• -
?zoth-ction P_gency (EPA) or is rat otherwise eceapt, the gra. ntee. assures that:
.
L) fp,-41-7:-_y to he utiL.31 tha peL-fc=ce of the proposed. grant
been on the. M'A List of Facilities; - 21 - it will noi=ifY
FA, pi or to ard, of the re�it of a•nv cu icao frcs -the Direztor, _
af Federal Activities, U.S. Enviro=ental Prcrtect.ion:cy:, 1.13ttng
.
that a facility .to be utilized for the gr ant. is under considez-ation,tb be". •
Cirt t EPA List of Violati ng Facilities; and 3) vri..11 incirtri• ' • '
subs-'w...tielly • -this assur .nr17 .-i-ir_g this thicl. i. every: non--re-rpt ' •••
corzL”-act--,. or subcoaL-2.ct-. . • -
•,. , . • -•.-. • .
B. Mditiona3. Assura=es for tle 1 _Pto • . •
• .
In caL-r-zying out progi-es •uncl= Title I of the Act, the:. xp1iczxtt
. •
. • •
ass-=es a&. certifies that: •
. . • • :
1. 14anw-er se.rvices, •Liin4 job de,reloent, will be grc. rsid& . •
thse =st n ri of then includi. 2.6r.•7 inc-one persons and. persons of.
L.iatd Dn4Li4ti-s--....king ability, and that the need for cont3.nued ft=dit--4.
of gre= of deionstr-ated effectivmess is considered in serving such :• • *. •
. • ° • -
P=5= . (s7,—cat 105(a) (1) 03)). . . . - - - ••••• --,;
2. P.L.C.O.Lc.:1‘.. of ins-titutiOnal sibeal b e.'gnacl. for " . '
c=qpations in wilich shor'=ges existi (section 105 (a) (6)) - - .1 -• '
3. 7:27.e plan Treats all the requireos of section 105(a) er.a the acplit-Prk
will c=ply with all provisions of the Act (sect ion 105 (b)) - : • -• - '
•
. • . - • • • • :
4. It will rake such a=at'ser•-ellts as are presciib ed. by regolat-LCIII tO •
assist the Setary in ma-yir.4 out his responsibilities under sections 105
era 103 of the Act (section. 105(a) (7)). • . •
• .
5. Spethal considera.th' on will be given to the neS of eligible disabled
ve_terans, vet=ans, and. veterans who served in the Ar_w_ed Forces and
bo received other -than a ri-;1-=-Iorable disc:large 'Within four years before •
the date of their application. Each prime sponsor in selectir.‘g oaracipan
• •
-20- -
for programs funded under title 1 of the Act, shall take into
consideration the extent that such veterans are available in
the area Specific effort should be made to develop appro-
priate full or part-time opportunities for such veterans. - .
The prime sponsor should utilize the assistance of the State.
and local veterans employment service representative in formu-
lating its program objectives. . _ _
On a continuing and timely basis, information on job vacancies
and training opportunities funded under title 1 of the Act
shall be provided to the State and local veterans employment -
sezvice representative for the'purpose of disseminating infor- '-_
mation to eligible veterans (section 104(b) of Emerger_cy Jobs
and Unemployment Assistance Act of•1974)_._ -.
6. Appropriate arrangements'will be made•to promote ,=
• • maximum feasible use of .apprenticeship and other on -the -job °:; -:-
trair4rg opportunities•.avai able under section: 1787 of -.•• : -..
title 38, United. States Code. _ - •'- '�' '- • •
C. Addi ti onal.-Assurances 'R_lating to Public Service- Employment :
- . Proarat►s - • •
',For public • service employment' activity,: the-- applicatet :-
further assures and Certifies that: - "' • `
1. .Special consideration ,will be given- to' the it't; Tg
:..of jobs which provide. sufficient prospects for advancement'
*ovi.in cctplesrntz -9
.. or'- suitable continued employment by P- 5
tra; •, i ng and manpower services designed to (1) ' promotes the
advancement of participants to• employment or training opaor-
tunities-suitable to the individuals involved(' et provide
the, public or private sector of the econa y, z
participants with skills for which there is au anticipated
. high demand, or (3) provide. participants- with sell- develop -: ment skills; except where exempt under the provisions of _
section 604 of the Act, provided, however, that nothing
contained in this paragraph shall be construed e_1_toapreclu. preclude,
. persons or programs for who the foregoing g _
.-feasible or appropriate (sections 205(c)(4) and 604).
2. To the extent feasible, public service jobs shall be
provided in occupational fields which are most likely to -
expand within the public or private sector as the unemployment
rate recedes except where exempt'under section 604 of the..
Act (sections 205(c)(6) and 604)..
•
' 3. Special consideration in filling-transitional public' -
service jobs will be given to unemployed persons who are the
-most severely• disadvantaged in terms of the length of time.
they have been unemployed without assistance, but such
special consideration shall not authorize the hiring of any
person when any other person is on lay -off from the same or
any substantially equivalent•job (section 205(c)(7)).
-21-
- 4. No funds will be used to.hire any person to fill a job
- Zopening created by the action of.an employer in laying off or
. 4'terminating the employment of any other regular employee not
. supported under the Act in anticipation of filling the vacancy
°so created by hiring an employee to be.supported under the
;'Act (section 205(c)(8)). . -
-. 5_ Due consideration will be given to persons who have -'
participated in manpower training programs for whom employ-
rent opportunities would not otherwise be immediately •
• available (section 205(c)(9)). . .
- 6_ Periodic review procedures established pursuant to
section 207(a) of the Act will be complied with (section
205(c)(17)).
•
• 7. - Agencies and institutions to whom financial assistance
is made available under this title have undertaken or will
undertake, analyses of job descriptions aria reevaluations
and, where slicwu necessary, revisions of aual.ification
-requirements at all levels of employment, including-
service civil
requirements and practices .relating thereto,• i-n - ,
-• accordance with regulations prescribed by the 'Secretary,
' .with a view toward removing artificial barriers to public''
z. employment of •those whom it is the purpose of the Act to .
assist (section 205(c)(18)).
•
8. Where appronriate,.it will maixtaLa or- provide
: linkages with upgrading and other manpower programs for the
purpose of (1) providing those persons employed in public
service jobs• who want to pursue work with the e'mployer, in
-the same or similar work, with opportunities to do so end:
to find permanent, upwardly mobile careers in that field, and ••
-(3) providing -those persons so employee' who do not wish to
. pursue permanent careers in such field, with opportunities-to
seek, prepare for, and obtain work in other fields (sections-
205(c) (19) and 604) - "
9. The program will, to the maximum extent feasible,
-contribute to the elimination of artificial barriers to
employment and occupational advancement, Including oppor-
-tunities for the disadvantaged (section 205(c)(2]...):
•
• .10. -Nor more than one -third of the participants in the•
program will be employed in a bona fide professional capacity
(as such term is used in section 13(a)(1) of the Fair_Labor
Standards Act of 1938), except that this paragraph shall not
be applicable in the case of participants employed as class- _..
room teachers, and the Secretary may waive this limitation
in exceptional circumstances (section 205(c)(22)).
-22-
11. Jobs will be aiLoca leu ec ul.Lcut_i cc -v,., ,----------
and agencies taking into acccint the nu,.^,e_.- of unemployed
persons within their jurisdictions and the needs of the
agencies (section 205(c)(23)).
12- The jobs in each promotional line in no way infringe - -
upon the promotional pportuniti es which would otherwise be-
available to persons currently employed in public service
jobs not subsidized under the Act, and assure that no job
will be filled in other than an entry level position in each
job category until applicable personnel procedures and
collective bargaining agreements have been con?lied with
(section 205(c)(24)).
' 13_ 3obS are in addition to those that would' be funded by
the sponsor in the absence of .assistance under the Act
section 205(c)(24)).
14., Persons employed in public service" -jobs- under this
Act shall be paid wages which shall- not -be lower than . -
whichever is the highest of: - , _
(a) . The minimum hourly wage set ou.in section 6(a) (1) -
of the Fair Labor Standards Act of 1938, as amended_ The <:
only exceptions to section 6 (a) •(1) are where a pa'ticipaot : ` .
is to ' exert under section_ 13, or those pertaining-to the . • •
Commonwealth of Puerto Rico, the Virgin Islands, and American -
Samoa where wages shall be consistent with 'the Federal, State.,
-' or local law otherwise applicable_ Wages paid to participants
'in the Trust Territories of the Pacitic Islands 'shall be .
consistent faith local law, except on Eniwetok Atoll and : - -
Kwajalein Atoll', where section 6 (a) (1) is applicable.. .
(b) .The State or local min imum -wage for the most -
omparable covered employment; : . . Y•�
(c) The prevailing rate of pay for persons employee
In similar public occupations by the same: emoloyer. (secta.on
208(a)); . ,
(d) the mi nimun - entrance •rate for inexperienced .
workers in. the same occupation in.the establishment, or, if. .
the occupation is new to the establishment, the prevailing'
entrance rate for the occupation among other establishments.
.in the community or area, or any minimum rate required by
an applicable collective bargaining agreement; or '
(e) the prevailing rate established by the Secretary,
in accordance with the Davis -Bacon Act, as amended, for
participants involved in employment covered by the Davis -
Bacon Act.
-23-
15. Special consideration shall be given to eligible disabled
veterans, special veterans, and veterans who served in the
Armed Forces and who received other. than a dishonorable dis-
charge within four years before the date of their application..
Each eligible applicant selecting participants for programs
funded under title VI of the Act, shall take into consid-
eration the extent that such veterans are available in the
area. Specific effort should be made to develop appropriate
,. full or part -time opportunities for such veterans. In order
to insure special consideration for veterans, all public -
service employment vacancies under title VI, except those to
'which former employees are being recalled, must be listed
with the State employment service•at least 48 hours (excluding
Saturdays, Sundays, and holidays) before such.. vacancies are
filled. During this period; the employment service may refer-
.
those ' veterans specified above. If sufficient numbers of •_
veterans are-not available, the employment service, upon
request, may also refer members of other significant segments.
All other applicants are'to be, referred after the 48 -hour •
- period (section 205(c)(5)).` The eligible applicant should
• utili.ze the assistance of State and local veterans employment •'•: • =-:
representatives in formulating its pracram.objectives_
Each eligible applicant shall, an a continuing band timely
basis, provide information on job vacancies and training
'.opportunities funded under title'Vi of the Act to State and
'local veterans employment representatives and to other --
veterans organizations for the purpose of_disseminat
information to eligible veterans (section 104 (b) of the •
Emergency Jobs and Unemployment Assistance Act of 1974).'
•
D., Additional Assurances for Title II programs _
•
A11 assurances in C above apply.to activities funded under
Title II. In addition, the applicant will assure. that.
1. Only persons residing within the areas-of substantial
•
• unemployment qualifying for assistance will be hired to fill
•jobs created under title II of the Act and the public services .
provided by such jobs shall, to the extent feasible, be
designed to benefit the residents of such areas (section" 205
(c) (3))
2. To the extent possible, administrative staff shall be
drawn from unemployed and underemployed persons (section 205
(c) (20)).
-24-
E. Additional Assurances gor Title Vr krograru- -
All assurances in C. above•appl_y to activities funded -
under title VI. In addition, the application will assure
that:
' 1. Only persons residing in the area served by•the
eligible applicant under title VI of the Act will be hired
to fill jobs created under the Act and that the public
services provided by such jobs shall, to the extent feasible,
be designed to benefit the residents of such areas except •
that-funds allocated under title VI of the Act (section 603
(a)(2)(e)), to an area eligible for assistance under title II
of the Act shall only be used to provide project and program
opportunities to persons residing in those areas of sub-
stantial unemployment as defined in section. 204(c). -
(Section 603(a) (2)) . •` • '...� �:. =•.
2. : To the extent possible, adm; n; strative -staff sh
,.:.be drawn from unemployed and underemployed persons_,
•• (Section 205(c) (20))
•
special
•
A State
comply with
and section
•
Certification for State Grantees':
grantee further assures and. ce -Mies that it wil
the requirements and .provisions of section 106
107 of the Act_
.SPECIkL CLAUSES
1. C}LflGES -
a. The Prime Sponsor's Contracting Officer may, at any tine,
without notice to the sureties, by written order designated or indicated— -
to be a change order, rake changes in the work within the general scope
of this contract, in any one or more of the following: (1) drawings,
designs, or specifications; (2) in the method or manner of performance -
of the work; (3) in the Government- furnished facilities; (4) method of
shipment or packing; or (5) place of delivery.
•
- b. Any other written order or an oral order (which terms as used •
•in this paragraph (b) shall include-direction, instruction, interpretation,
or determination) from the prime Sponsor.'s Contracting Officer, which causes
.any such changes as enumerated in (a) above, shall be treated as a change
order under this clause: Provided, That the Contractor / Subgrantee gives •-
. the Prime Sponsor's Contracting Officer written notice stating the date,
circumstances, and the source of the order and that the Contractor / Subgrantee
regards the order as a change order. . • - - - • -
:- c. Except as herein provided, no order, statement, or conduct of the
Prime Sponsor's Contracting Officer shall be. treated as a change'under this
• clause or entitle the Contractor / Subgrantee to an equitable adjustment
hereunder. - : : - -. •
• .d." If any change under this clause causes an increase or decrease in
the Contractor's /Subgrantee's cost of, or the time require& for, the per-' '
formance of.any part of the work under this contract, vhether•or not changed
by any such order, an equitable adjustment shall be made and the contract •
modified in writing accordingly: Provided, however' That no claim for any
change under (b) above shall be allowed for any Costs incurred more than. _
20 days before the Contractor /Subgrantee gives written notice as therein
required, And provided further, That in'the case of defective specifications
for irhich the Prime Sponsor is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor / Subgrantee.
in_attenpting to comply with such defective specifications..' •
e. If the Contractor / Subgrantee -intends to assert -a claim for an equitable
adjustment under this clause,, he must, within 30 days after receipt of a written
change order under (a) above or the furnishing of a written notice under CO) •
above, submit to the Prime Sponsor's Contracting Officer a written statement ' •
setting forth the general nature and monetary extent of such claim, unless
this period is extended by the Prime Sponsor. The statement of claim hereunder
may be included in the notice under (b) above. Where the cost of property -
made obsolete or excess as the result of a.change is included in the •
Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting
Officer shall have the right to prescribe the manner of disposition of such
property., .
•
f. 2:o claim by the Contractor /Subgrantee for an equitable adjustment
hereunder shall be allowed if asserted after final payment under this
contract /subgrant.
g. Failure to agree on the terms of any equitable adjustment shall.be
a dispute concerning a question of fact within the meaning of the clause of
this contract entitled "Disputes." -
h. Nothing in this clause shall excuse the Contractor / Subgrantee
from proceeding with the contract /subgrant as changed by the Prime
Sponsor's Contracting Officer in writing, either by:(1)-issuance of a.
written change order as described in (a) above, or (ii) issuance of.a
written confirmation by the Prime Sponsor's Contracting Officer of the
rritten notice required of the Contractor / Subgrantee in -(b) above; re- .
suiting from an orai.order by the Prime Sponsor's Contracting Officer.
•
•
•
2: NONDISCRIMINATION
•
It is the policy of the•Executive Branch of the Government that (a)
contractors and subcontractors engaged in the performance of Federal. :•
contracts shall not, in connection with the employment,. 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 basis of a bona fide bccupational qualification, -
retirement plan, or statutory requirement, and (b) that contractors and` .
subcontractors, or persons acting on their behalf, shall not specify,•in
solicitations or advertisements for employees to work on Government.cou-
tracts, a maximum age limit for such employment unless the specified maxi-
mum age limit is based upon a bona fide occupational qualification,
retirement plan, -or statutory requirement. •
3. CHILD IABOR .
No trainee or enrollee under 18 years of age will.be employed in any •
'occupation which the Secretary has.found to be particularly hazardous -
for persons between 16 and 18 years of age (a list of such occupations •
is published at 29 CFR Part 1500, Subpart E). Any eligible trainees
and enrollees under 1T years of age will be employed only in accordance
with•the limitations imposed by 29 CFR Part 1500, Subpart C.
•
-27-
A. EQUAL OPPORTUIIT: CLAUSE
During the performance of this contract, the contractor gees as follows:
(1)
The contracts•...ill not discriminate against any employee cr appli-
cant for er_loyment because of race, color, religion, Per_, or
- national origin. The contractor vi11 take of it ati`v_ action. to
ensure that app lic; r is are employed, ana that employees are ^tre; t_,. •
during employment, without regard to their race, color, religica,'^
sex, or national origin. Such action shell include, but not be -
linited to the following: Em loyment, upgrading, demotion, or -
transfer, recruitment or recruitment advertising; layoff or termina-
tion; rates of pay.orother- fors of ccs_ersation; and selectio:. for
training, including avrrenticesbip. The contractor agrees to post in
conspicuous places,-available to employees .ard applicants' `for employ- •
•m'ent, notices to be provided by the contrahtingg officer setting forth
the provisions cf.-this nondiscrimination clause- --
(2) The contractor will, ia.all solicitations or advertisements for
,employees placed by or on behalf of the contractor,-state that all - -
cualified applicants will receive consideratica for eaoloyxent -
without regard. to race, color, - .religion, sex, 'or national. origin." -
The contractor will send to each labor union or representative of
- workers with- which he has .a. collective bargaining agreement .or other :contract or understanding, a notice to be provided by the amen s •
contracting officer, advising the labor union or 'workersT rep _ eseata -..,
• tive of the contractor's commitments under,section 202.of'Executi�:e
'- -
Order-11246 of Sapteeber:24, 1905, al
had shall post cepies.of.the -
notice'in- conspicuous places available to•eMployees end 'applicants
for employment. :
(3)
(5)
•
•
•
•
The'contractor xil� comply. 4th all provisions" of.Executive Order 112!!6 -
• of September 24; 1965, and of the rules,-rerulations, and relevarn
orders of the Secretary of Labor.
The contractor will furnish all information and reports re_uired
Executive Or 11246 of September 2!+, 1965; _.d by the :rules, _e3uia-
ticns, and orders cf the Secretary of Labor, cr pursi: ant thereto, a n
will emit access to his boo,Its, r ecords en_d accounts bj_she con_ra_.i_s
agency and the SecretarY.of.Labor„Tor purposes of iwvestigetion co _
ascertain :com_iia. -tce'vith such rules., regatations, and orders. -. -
•
(6) in .the event- f the contractor's noncoap iance vith.the riondiscri =_na-
tion clauses of this' contract 3r with -any c1 such rules, r gut tic ns, --
or•orders, this contract may be canceled, terminated or suspended in
vhole or in Part and the contractor nay be declared ineligible for
further Government contracts in a :cordaned pith Procedures authorized
•
-28-
in Executive Order 11246 of September 24 1965, sanctions may be > e �> an/ such other ,i...posed.', nd remedies invoked as p:o,�;,� /„d it V
Executive Order 11246 of September 24, 1965, or by rule, =e3_tlation,
or order of the Secretary of Labor, or as otherwise provided bylaw.
(7) • The contractor will include th , pr r . ons or m-..-agraohs
(7) in every subcontract or purchase order unless exempted `1) through
regulations, or orders of the Secretary Labor su rules,
section 204 of Executive Order 11246 of f Sc moor i2sued 6•,sso to
such provisions trill be binding r h_ sub 2ct 790 so that
,
u�o . each sub�o>:,.racto� or vendor..
The contractor will take such action with respect to any subcontract
or purchase order as the contracting agency nay direct.as a on of
-enforcing such pro =visions including sanctions for noacomoliance:
Provided,'h_owever, That in the event the contractor becomes invol._d .
in,. or is threatened.with, litigation with a subcontractor or vendor -
as a result of such direction by the. contracting agency, the con-
tractor may request the United States to enter into such "litigation
to protect the interests of the United States.
5- TRAIEEE OR EYROLLES WAGES .
,The hourly wages paid to enrollees or trainees shall not he less than the
follo*ring, whichever is higher: ' _
1. The minimum rate required under the Fair Labor Standards At including
.ate 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
Humber 1 above.
. 6. TERMIifATIoN OF TRAI2 EES. 0R E!lROLLEES
•
Trainees or enrollees will not be terminated without prior notice to the
trainee or enrollee and reasonable opportunity for corrections or improvement
of rformance and consultation with the 'Contracting Officer by the training
Facility for substandard or unsatisfactory progress or conduct. Termination
of trainees or enrollees will be governed by disciplinary and grievance pro-
cedures approved by the Contracting Officer or his duly authorized representa-
tive: Provided, That in training facilities operating
bargaining agreement,•disci lip p under a collective
P ary and grievance procedures provided ded n such
an agreement and applicable to trainees or enrollees covered by this contract,
shall. govern. •
-29-
7. TTERMINATION
a. The performance of work under the contract, /subgrant may be -
terminated by the Prime Sponsor -in accordance with this clause in
.whole, or from time to time in Dart: -
(1) Whenever the Contractor /Subgrantee shall default in per-
formance of this contract /subgrant in accordance with its terms (including
in the terra "default" any such failure by the Contractor /Subgrantee to raa' p
progress in the prosecution of the work hereunder as, endangers such perfon
ance), and shall fail to cure such default within a period of ten days (or
such longer period as the Prime Sponsor's Contracting Officer may.allow):
-after receipt from the.Prine Sponsor's Contracting Officer -of a notice -
specifying the default; or •
(2) t''henever for any reason the Prime Sponsor's Contracting
Officer shall determine that such termination is• in the best interest of .
the Prise Sponsor.• - -
Any such termination shall be effected by delivery to the Contractor/
Suograntee of a Notice of Termination specifying whether -termination. is
for the default of the Contractor /Subgrantee or for the convenience-of-
the Prime.Sponsor, the extent to which performance of work under the contra
subgrant is terminated, and the date upon which such termination becomes _
effective- If, after notice of termination of this contract /subgrant for
default, under (1) above, it is determined for any reason-that the
Contractor /Subgrantee was not in default•pursuant to (1), or that the
Contractor's /Subgrantee's failure to perform or to make progress in per -:-
formance is due to causes beyond the control and without the fault or . •
negligence of the Contractor /Subgrantee pursuant to the provisions of
the clause of this contract /subgrant relating -to'excusable delays, the
Notice'of Termination shall be deemed to have been issued under (2) above,::
and the rights and obligations of the parties hereto shall in such event
be governed according) . . . - .
b_ After receipt of a irotice of Termination and except as otherwise _
directed by the Prime Sponsor's Contracting Officer, the. Contractor /Sub-
grantee shall: . -
•
(1) Stop work under the contract /subgrant on the date 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;
-30-
(3) Terminate all orders and subcontracts to the extent that
they relate to the performance of work terminated by the I:otice of Teraina -
tion;
(4) 'Assign to the Prime Sponsor in the manner and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title
and interest of the Contractor /Subgrantee under the orders or subcontracts
so terminated in which case the Prime Sponsor shall have the right, in its ' -
.discretion, to settle or pay any or all claims arising out of the'texrrina-
tion 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 end'conclusive for all purposes of this clause,
settle,ell outstanding liabilities and all claims arising out of such •
termination of orders and subcontracts, the cost of which would be
bursable in whole or in part, in accordance with'the provisions of this
contract /subgrant. . . .,
•
(6) Transfer title to the Prime Sponsor (to the extent that
• title has not already been transferred) and deliver in the.manner, at the
- times, and to the extent directed by the Prime Sponsor's Contracting .
Officer, (i) the fabricated or unfabricated parts, work in process, '
completed work, supplies, and other material produced as a part'of, -or•
acquired in respect of the performance of, the work terminated by the..
Notice of Termination; (ii) the completed or partially_completed plan's,
drawings, information, and other property which, if the contract /subgrant
had been completed, would be reouired to be furnished to the Prime Sponsor,
and (iii) -the jigs, dies, and fixtures, and•other.special too3_s and tooling
acquired, or manufactured for the performance of this contract / subgrant for
the cost of which the Contractor /Sub rentee has been or•will be reimbursed -
under. this contract / subgraat.
(7) Use his best efforts to sell, in the manner, at the times, to
the extent and at the price or prices directed or authorized by the Prime
Sponsor's Contracting Officer, any property of the types referred to in
(6) above: Provided, however, That the Contractor /Sub;rantee (i)'shall not _
be required to extend credit to any purchaser, and (ii) may acquire any
such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: -And provided further,
That the proceeds of any such transferor disposition shall be applied in
reduction of any payments to be made by the Prime Sponsor to the Con- _
tractor /Subgrantee under this contract /subgrant or shall otherwise be
credited to the price or cost of the work covered by this contract /subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may.
direct;
•
-31-
(8) 'Complete -_r_orzance of such part of the 'cork as shall not
have been terminated by the notice of Termination; and
(9) Take such action as nay be necessary, or as the Prime
Sponsor's Contracting Officer may direct, for the protection and preserva- •
tion of the property related to this contract /subgrant which is in the
possession of the Contractor /Subgrantee and in 'which the Prime Sponsor has
•
or may acquire an interest.
The Contractor /Subgrantee shall proceed iratediately with the performance
_ =of the above obligations notwithstanding any delay in determining or adjusting
the amount of the fee, or any item of reimbursable cost, under this clause..
At any time after expiration of the .plant clearance period, as defined in . ..
Subpart 1 -8.1 of the Federal Procurement Regulations (41 -CFR 1 -8.1), as
the definition may be a anded from time to time, the Contractor / Subgrantee
may submit to the Prime Sponsor's Contracting Officer'a list, certified-as
to quantity and quality, of any or all items of termination inventory not,
previously disposed of, exclusive of items the disposition of which has ' .
been directed or authorized by the Prime Sponsor's Contracting Officer, and . •
may request the Prime Sponsor to remove such items or enter into a storage '-
agreement covering them. Not later than fifteen (15) days thereafter, the
Prime Sponsor will, accept such items and remove then or enter into a storage
-
agreement covering the same: Provided, That the list submitted shall be
subject to verification by the Prime Sponsor's Contracting Officer upon
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'final settlement.
•
•
c. After receipt of a Notice of Termination, the Contractor /Sub- _. • •
grantee shall submit to the Prime Sponsor's Contracting Officer his termana- -
tion claim in the form 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 one or more extensions in - writing are granted by the -Prime Sponsor's
Contracting Officer upon request of the Contractor /Subgrantee made in
writing within such one-year period or authorized extension thereof. - . -.
However; if the Prime Sponsor's Contracting Officer determines that the '
-facts justify such action, he.may receive and at upon any such termination
claim at any time after such one -year period of any extension thereof..
Upon failure of the Contractor /Subgrantee to submit his termination claia -
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 tl
date of execution of this contract /subgrant,•deteraine, 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. '
-32- '
d. Subject to the provisions of paragraph (c), and subject to any
review required by the contracting agency's procedures in effect as of the .
date of execution of this contract /subgrant, the Contractor /Subgrantee and
the Prime Sponsor's Contracting Officer may agree upon the 'whole or any
part of the amount or amounts to be paid (including an allowance for the
fee) to the Contractor /Subgrantee by reason of the total or partial termina-
tion of work pursuant to this clause. The contract /subgrant shall be •
amended accordingly, and the Contractor /Subgrantee shall be paid the agreed.
amount.
e. In the event of the failure of the Contractor /Subgraatee'a.d the '
• Pride Sponsor's Contracting Officer to agree in whole or in part, as pro-• -
vided in paragraph (d), as to the amounts with respect to-costs and fee,
....or as to the amount of the fee, to'be paid to the Contractor /Subgrantee
:• 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 er_ecu-
.••.tion of this contract /subgrant, determine, on the basis of information'
• available to him, the•anount, if any, due to the Contractor /Subgrantee
by reason of the termination and shall pay to the Contractor /Subgrantee
the amount determined as follows: '
(1) • If the .settlement anent i. , ludes ---,. f and
:•(1) 'There shall be included therein all costs and expenses( .
.reiabursable.in accordance with this contract /subgrant not previously paid
,to the Contractor /Subgrantee for the performance of this contract /subgrant
prior to the effective date of the lotice of Termination, and such of.these.
. -costs as may continue for a reasonable time thereafter with the approval of
or as directed by the Prime Sponsor's Contracting Officer:, .Provided, -
however, That,the Contractor /Subgrantee shall proceed as rapidly as.practi-
cable to discontinue such costs;
• - (ii) • There shall be included therein so far as not included
under (i) above;.the cost of settling and paying claims arising out of the
.termination of work•under subcontracts or orders, as provided•in paragraph
(b)(5) above, which are properly chargeable to the terminated portion of
the contract /subgrant; -
(111) There shall be included in the reasonable costs of -
settlement, including accounting; legal., clerical, and other expenses
reasonably necessary for the. preparation of settlement claims and supporting
data with respect to the terminated portion of the contract /subgrant and.for
the termination and settlement of subcontracts thereunder, together with
reasonable storage,-transportation, and other costs incurred in connection
with the protection or disposition of termination inventory: Provided,
however, That if the termination is for default of the Contractor /Subo antee
there shall not be included any amounts for the preparation of the Contractor's/
Subgrantee's settlement proposal; and _
(iv) There shall be included therein a portion of the fee'
payable under the contract /subgrant determined as follows: ' -
-33-
(A) In the event of the termination of this contract/
s;bgrant for the convenience of the Prime Sponsor and not for the default
of the Contractor / Subgrantee, there shall be paid a percentage of the fee _
eauivalert to the percentage of the completion of work contenolated by the
contract /subgrant, less•fee payments previously made hereunder; or
(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 /subgrent
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 Spoasor
bears to the -total number of articles of a like kind called for by this
contract /subgrant.
-If- the amount 'determined under this 'subparagraph (1) is less than the total
payment, theretofore made to the Contractor / Subgrantee, the Contractor/
Subgrantee shall repay to the Prime Spoasor the excess amount.
(2) If the settlement includes only the fee, the amount thereof.
:dill be determined in accordance with subparagraph (1)(iv), above..-
(x) The Contractor / Subgrantee shall have the•right of appeal, under-.
the clause of this contract /subgrant entitled °Disputes, "•from any deter-
aination made by the Prime Sponsor's Contracting Officer under parairaph (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 tine, he shall have no such right of appeal. In
any case where the Prime Sponsor's Contracting Officer has made a deter -
nination of the amount due under paragraph (c) or (e) above, the Prime
Sponsor shall pay. to the Contractor / Subgrantee the.followingr.
•
(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 /Subgrantee under this
clause there shall be deducted (1) all unliauidated advance or other payme_nts -
theretofore made to the Contractor / Subgrantee, applicable-to the terminated -
portion of this contract /subgrax , ,2) any claim which the Prime Sponsor may -
hare against the Contractor / Subgrantee in connection with this contract/sub-
:grant, and (3) the agreed price for, or the proceeds of -sale of, any materials
supplies, or other things acquired by the Contractor / Subgrantee or sold pur-
suant to the provisions of this clause and not otherwise recivered by or
credited to the Prime Sponsor. -
•
•
(h) In the event of a partial termination, the portion of the fee which
is payable with respect to the work under the continued portion of the
•
: -34-
contract / subgrant shall be equitably adjusted by agreement. between the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and
such adjustment shall be evidenced by an amendment to this contract /sub -' -
grant.
. (i) The Prime Sponsor May from time to tire, under such terms and
conditions as it may prescribe, make partial payments and payments on
account against costs incurred by the Contractor /Subgrantee in connection
with the terminated portion of the contract / subgrant vhenerer.in the
opinion of the Prime Sponsor's Contracting Officer the aggregate of such .
payments shall be uithin.the amount to which the Contractor /Subgrantee will
be entitled hereunder.. If.the total of such payments is in excess of the . .
amount finally determined to be due under this clause, such excess shall '
be payable by the Contractor /Subgrantee to the Priors"Sponsor upon demand, . -
together with interest computed at the rate of 6 percent per annum, for the
period from the date such excess payment is received by the Contractor /Sub=
grantee-to the date on which such excess is repaid to the Prise Sponsor:
Provided, however, That.no interest shall be charged with respect to any such.. '
excess payment .attributable to a reduction in the Contractor's /Sabo antee's
claim by reason of retention or other disposition of termination inventory
until ten days after the date of such retention or disposition, or such -
later date as determined by the Prime Sponsor's Contracting Officer by
reason of'the circumstances.
-,(j) .The provisions of this clause relating to the fee'shall_be in-
applicable if.this contract / subgrant does not provide.for payment of a fee
•
8..• TERMINATION FOR CONVE!l'IE[•!CE
The provisions set forth in this-clause 9bbshall 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 a no -fee or no-profit basis. -
(a) The performance of work under this contract / subgrant may be
terminated, in whole Aor from time to tine,in part by the Prime Sponsor
whenever'for any reason the Prime Sponsor's Contracting Officer shall deter-
mine that such termination is in the best interest of the Prime Sponsor. .
Termination of York hereunder shall be effected by delivery to the Contractor/
Subgrantee of a Notice of Termination specifying the extent to which per-
formance of work under the contract / subgrant is terminated and the date
upon 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
materials, supplies, equipment, and miscellaneous items. In addition, the .
Contractor /Subgrantee shall exercise all reasonable diligence to accomplish
-t.35-
the cancellation or diversion of his outstanding commitments covering nersc
services and extending beyond the date of such termination to the extent tt
they relate to the performance of any work terminated by the notice. With
respect -to such canceled commitments the Contractor / Subgrantee agrees to'
(1) settle all outstanding liabilities and all claims arising out of such
cancellation of commitments, kith the approval or ratification of the Prime
Sponsor's Contracting Officer, to the extent he may require, which approval
or ratification shall be final for all purposes of this clause, and (2)
assign to the Prime Sponsor, in the manner at the time,-and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, tit)
• and interest of.the Contractor / Subgrantee under the orders and subcontracts
' so terminated, in which case the Prime Sponsor shall have the right, in its
discretion, to'settle or pay any'or all claims arising out of the terminati
of such orders and subcontracts. . . .
'`'(c) The'Contractor /Subgrantee shall submit his termination claim to tt
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 extensions in writing are granted by the Prime -
Sponsor's Contracting Officer upon written request of the Contractor /Sub-
grantee within-such one-year period or authorized extension thereof.-.1pon
failure of the Contractor / Subgrantee to submit his termination claim within
the time allowed, the Prime Sponsor's Contracting Officer nay, subject to
.• any review required by the contracting agency's procedures in effect as of
the date of execution of this contract /subgrant, "determine, on the basis
Of information-_available to him, the amount, if any, due to the Contractor/
Subgrantee by reason of the termination and shall thereupon pey'•to the.'
I- 1 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, A1ID PAX -
IENT Clause of this contract /subgrant. .
(e) Subject to the provisions of paragraph (c) above, and' subject to
any review required by the Prime Sponsor's contracting agency's procedures
In effect as of the date of execution of this contract /subgrant the .
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree
upon the whole or any part, of the amount of amounts to be•paid to the
Contractor /Subgrantee by reason of the termination under this clause, which
amount or amounts may include any reasonable cancellation charges thereby -
incurred by the Contractor / Subgrantee and any reasonable loss upon out-
standing commitments for-personal services which he is unable to cancel;
Provided, however, That in connection with any outstanding commitments for
personal services which the Contractor/Subgrantee is unable to cancel, the
Contractor / Subgrantee shall have exercised reasonable diligence to divert
such commitments to his other activities and operations. Any such aareeaea',
shall be embodied in an amendment to this contract /subgrant and the Con_
tractor / Subgrantee shall.be paid the agreed amount.
-36-
(f) The Prime Sponsor may from time to time, under such terms and
conaitioiis as it may prescribe, make partial payments against costs incurred
by the Contractor /Subgrantee in connection with the terminated portion of
this contract /subgrant whenever, in the opinion of the Prime Sponsor's
Contracting Officer, the aggregate of such payments is within the amount to
i:l:ich the Contractor /Subgrantee will be entitled hereunder. If the total
of such payments is in excess of the amount finally agreed or determined to'.
be due under this clause, such excess shall be payable by the Contractor/
Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess
is not so paid upon demand, interest thereon shall-be payable by the
Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent _er '
annum, beginning 30 days from the date of such demand_ -.
(g) The Contractor /Subgrantee agrees to transfer title to the Prime _
Sponsor and deliver. in the manner, at the. times, and to the extent, if any, ..
directed by the Prime Sponsor's Contracting Officer, such information and
.items which, if the contract /subgrant bad been completed, would have been
required to be furnished to the Prime Sponsor, including: .
(1) Completed or partially-completed plans, drawings, and. .
' information; and
(2) Materials or equipment produced, or in process or'acquired in
connection with the performance of the work, terminated by the notice. -.Other
than the above, any termination inventory resulting from the termination of -
the. contract /subgrant may, with the written approval of the Prime Sponsor's.._
Contracting Officer, be sold or acquired by the Contractor /Subgrantee under
the conditions prescribed by and at a price or prices approved by the Prime
Sponsor's Contracting Officer. The proceeds of any such disposition shall
be applied in reduction of any payments to be made by the Prime Sponsor to
to the Contractor /Subgrantee under this contract /subgrant or shall otherwise
be credited to the price or cost of work covered by this contract /subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may •
direct. Pending final disposition of property arising from the termination,
the Contractor /Subgrantee agrees to take such action as may be necessary, or
as the Prime Sponsor's Contracting Officer may direct, for the protection and .
preservation of the property related to this contract /subgrant which is in
the possession of the Contractor /Subgrantee and in which the Prime Sponsor
has or may acquire an interest. - _
9. CONSTRUCTION AND BUILDING REHABILITATION - -
The subcontractor shall not expend Federal funds for construction and
building rehabilitation without prior approval of the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Labe
and the Prime Sponsor'shall be administered under the guidelines of A -102
and parts of Paragraph IV, applicable to construction procurement.
-37-
D.O. LT_:STING OF E4•PL0X32:=T O_P iudS
(This clause is applicable pursuant to 41 CFR 50 -250 if this contract is °or
$2,500 or more.)
(a) The Contractor agrees, in order to provide special eriphasi.s to tha
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable e-plcyment openings of the contractor Which exist at the t_ =e
of the execution o: this contract and those which•occur during the merformance
of this contract, including those not generated by this contract and i:? w.- •
those occurring at an establishment other than the one wherein the•co =tract ?g
being 'Performed but excluding those of independently operated corporate a_fili-
•.ates, shall be offered for listing at an appropriate 1ccal office cf the Sate
,employment service system wherein the opening occurs and to provide sin
-to such local office regarding employment openings and hires as ray ce recu;.r:
Provided;'That'if this contract is for less than $10,000 or if it is .-?th
State cr local government the •reports set forth in paragraphs (c) 'a;id
rot required. -
(b) Listing of employment openings with the employment service-System: mar,
scant to, this. clause shall be made at least concurrently with the use of any.
.other recruitment service or effort and shall involve the normal obligations
which. attach to the placing of a bona fide job order, including the acceatatce
of referrals of veterans and. nonveterans. 'This listing of en lcyment G?_nir:ga
does not reeuire the hiring of any particular job applicant or from any r= in.;==_
group of job applicants,' end nothing herein is intended to relieve the Contr -
'f_On any renu.renents in•any statutes, Executive orders, or :regulations regard'cs
nondiscrimination in enn1oyment. ' • • •
•
(c) The reports required by paragraah "(a) of this clause-shall include, c -
:not be limited to, periodic retorts *..-hich shall be filed at least quarterl-rvith appropriate local office or, ',There the Contractor has more than cne estab_'sb
Went in a State, with the Central office.of the State employment sea-:ice. S_tc
reports.shall indicate for each estabiishme;t'(i) the somber -of indi,idUels
'were hired :'wring the reporting period, (ii) the number of those hired +ho were'
disabled veterans; and (iii) therumber•of those hired who were nondis,1= -
veterans of the Vietnam. era. The contractor. shall submit a report wit ir. -30 days
after the end of each retorting period wherein any performance is 7raie u^.er __
contract. J''.:. Contractor shall: „n iain codes of the reports ul=ittei .` a
eztiraticn of 1 yea after final paynen,, under the contract, during - .
they shall be made available, upon request for examination b, er - -t .,..i '
__es_..tatives of the Contracting Officer of of the Secretory of Labor.
-_
(d) Whenever the Contractor becomes contractually bound by the listi:-
provisions of this clause, he shall advise the employment service system
State wherein he has establishments of the nsoe and location of each such cat-_ -
lianrent in the State. As long as the contractor is contractually bound to
these provisions and has so advised tl'r State emPloyment sYstem, there is no
38-
to advise the State system of subseeuent contracts. The Contractor may advise
the State system when it is no longer bound by this contract clause.
(e) This cla:ESe do,:_ not apply to the listing of employment openings
which occur and are•filed outside of the 50 States, the District of Col•uabia,
the Commonwealth of Puerto Rico, Guam, and the Virgin .Islands.
(f) This clause does not apply to openings which the Contractor proposes '
to fill from within his own organization or to.fill pursuant to a customary- and
traditional employer -union hiring arrangement. This exclusion does not apply
to a particular opening once an employer decides to consider applicants outside. '
of his own organization or employer -union arrangement for that opening.
(g) As used in this clause: •
(1) "All suitable employment openings" includes, but is 'rot limited to., -
openings which occur in the following job categories: Production:and noncrcdu_t_on;
' plant and office;.laborers and mechanics; supervisory and nonsupervisorf; technical;'
and executive, administrative, and professional openings which are compensated on
. .a salary basis .of less than $18,000 per year. The term includes full -time employ- ..
vent, tempora. emoioyaent Of more than 3 days! duration, and part-time employment. -
: :It does not include openings :•rhich the Contractor Proposes to fill from within his•
own organization or to fill pursuant.to a customary and. traditional employer -un an
hiring arrangement. • . -- ' • .
:'(2) . "Appropriate office of the State employment service system" Means•
the local office of the'Federal -State national system of public .employment offices
• -Pith assigned responsibility for serving the area of the-establishment where the
. employment opening is to be filled, including the District of Columbia, the Ccmmcc-
lealth.'of.Puerto Rico, Guam, and the Virgin Islands:
•(3) "Openings which the Contractor proposes to fill from within his on
• organization" means employment openings for which'no consider pion will be given
•to persons outside the Contractor's our organization (including any affiliates, -
subsidiaries, and parent conpanies), and includes any openings Which the Contractor
proposes to fill from regu arty established "recall` cr "rehire" lists. '
(4) " Openings which the Contractor proposes a: * * to 'fill pursuant.
to a customary and traditional. employer-union hiring arrangement"
.eat" means employment -
oDenin s for which no"c nsideraticn will be given to ;ersonsoutsi.de of a special
hiring arrangement, including openings which the Contractor proposes to'fill from
union Mils, , which is part of the customary and traditional hiring relationship •
which exists between the Contractor and representatives or his employees. -
(5) "Disabled veteran" reans a person entitled to disability coensatioi
under laws administered by the Veterans Administration for a disability rated at
30 percent= or more, ors person whose discharge or release from active duty vas .
for a disability incurred or aggravated in line of duty_
•
•
-39-
(6) "Veteran of the Vietnam era" means a'person (A) who (i) ser',e,
;en active duty with the Armed Forces for a -Period of more than 180 days, Pny
part of which occurr:': after August 5, 1964, and vas discharged or releas °•
:7,here_. rom with other than a dishonorable discharge, or (ii) was discharged
for released from active duty for service- co-aect¢d'.3.isatility if and _art 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 co:=__=
by this clause.
(h) If any di;abl. :d veteran or veteran of the Vietnam era believes that fre
'!Contractor (or any first -tier subcontractor) has failed or refuses to ccaaly _ _..
the provisions of this contract clause relating to giving'special emphasis i _
eaaloyuent to veterans, such veteran nay file a complaint with the veterans'
employment representative at a local State employment serrice•office whp
attemnt to informally resolve the complaint and then refer the complaint with.
report on the attem?t to resolve the matter to the State office of the Vetera -s'
Employment Service of the Department of Labor. Such complaint shall they_ be •
orompt?y referred through the Assistant Regional Director for I•'anpower•to the.
Secretary `of Labor who shall 'investigate such complaint and shall take such .•
action thereon as the facts and circumstances warrant consistent with the ter''s
of this contract and the laws and regulations applicable thereto. -
(I) The Contractor agrees to place this clause (excluding this paregrapc :t)
in any subcontract directly under this contract.
11. DEVIATIONS
Under the most compelling circumstances such as situations where the needs•of
the.Gorerrrent cannot reasonably be otherwise supplied, where listing of • .
employment openings would be contrary to national security, or where the re
ouireaent of listing would otherwise not be in the best interests of the
Government, a deviation fro- this subpart-maybe-made, subject to the approval
of the Secretary of Labor. Requests for any such deviations. shell be•addressed
to the Assistant Regional Director for Empower; U.S. Department of Labor,' '
Federal Building — U.S. Courthouse; 1100 Commerce Street, 7th Floor, Dallas, .
Texas 75202, wherein the contract is to be signed, and shall set forth the -
reasons for the request. -
-40-
12. DISPUTES
a. Except as otherwise provided in the contract / subgrant, any ' •
dispute concerning a ouestion of-fact arising under this contract / subgrart •
vhich is not disposed of by agreement shall be decided by the Prime
Sponsor's Contracting Officer, who shall reduce his decision to writing
- and mail or otherwise furnish a copy thereof to the Contractor /Subgrantee.
ape decision of the Prime Sponsor's Contracting Officer shall be final and •
conclusive unless within 30 days from the date of receipt of such copy, • •
the Contractor /Subgraitee nails or otherwise furnishes to the Prime
Sponsor's Contracting Officer, a written appeal addressed to .the Prime
Sponsor, The decision of the Prime Sponsor's Contracting Officer for'
the determination of'such appeals shall be -final and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent,'
or capricious,•or arbitrary, or so grossly erroneous as necessarily to
imply, bad faith, or not supported by substantial, evidence. • In connection
with'aey appeal proceeding under this clause, the Contractor /Grantee sha73 ' --
' be afforded an opportunity to be heard and'to offer etiidence"in support of -
its appeal. Pending final decision'of a dispute hereunder, the Contractor/ ' --
Subgrantee -shall proceed diligently with the performance of the contract/
•
subgrant and in accordance with the Prime Sponsor's Contracting Of;icer's .
decision. . .
• b. This "Disputes" clause does not Preclude'consideration ' of law
.questions in connection with decisions provided for in paragraph (a) • •
above. Provided, That nothing in this contract /subgrant shall be construed
as making final the decision of any administrative official, representative, .
or board on a question of law.
13:: SUBCONTRACTING
•
The subcontractor shell obtain written consent of the Prime Sponsor prior
to subcontracting any puts of this agreement_ The Contracting Officer -
sisy, in his discretion, ratify in writing any such subcontract; such
action shall constitute the consent of the Contracting Officer as required '
by this paragraph. - •
lk. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in
writing of any actions or suits filed and prompt notices of any claims
made against the Prime Sponsor, the subcontrac' -3r, or any or'the parties
involved in the,inpieme:tation and administration of the CETA Program.
•
-41-
15. ORDER OF P2 C3J177r^E
In the event there are inconsistencies or conflicts in the
contract, unless otherwise the grant sari /o:
provided, thereon, the inconcsistencies sral3
be resolved by giving precedence in the following order:
1. The Act (Public Lau 93 -203, 8T Stat. 839)
2. The regulations as.auproved by the Secretary of Labor
3. Special Clauses '
4:. A -102
5. A -ST -
6. The, Co reheasire.Manpo;rer Plan as stated in the grant as :.-
applicable to each title. -.
-42-
ASSURANCES AND CERTIFICATIONS '
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.
National Foundation - March of Dimes 4445 S. Padre Island Drive
Tropical Coast Chapter Corpus Christi,, Texas 78411
(Legal Name of Applicant) (Address)
(Signature of Chief Elected
Official or His /Her Designee)
Betty Pentony, Executive Director
(Typed Name & Title of Chief
Elected Official or His /Her
Designee)
. -43
September 1, 1977
(Date of Application)
AVAILABILITY OF FUNDS CLAUSE
The Program Agent'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 Program Agent for payment of
any money shall arise unless and until funds are made available to the
Program Agent for this procurement and notice of such availability, to be
confirmed in writing by the Program Agent's Contracting Officer, is given
to the contractor.
This request does not commit the Program Agent to pay for costs incurred,
in the submission of a proposal or for any costs incurred prior to the execution_
of a formal contract unless such costs are specifically authorized in writing
by the Program Agent's Contracting Officer.
CONTRACT NO. 160 -8551
STANDARDS OF PERFORMANCE
The National Foundation - March of Dimes will perform according
to the rules and regulations as set forth in the Coastal Bend Manpower Consortium's
Title VI grant application and the Rules and Regulations established for Title VI
under the Comprehensive Employment and Training Act of 1973 as published in the
Federal Register, May 13, 1977, Volume 42, Number 93 as well as any additional
Federal Register made reference to and cited therein.
The grantor will review the monthly performance of the contractor in terms of
the contractor's ability to hire the planned number of individuals. To the extent
that the contractor is not able to perform effectively, funds may be deobligated
and redistributed to alternative contractors.
SUPPORTIVE DOCUMENTS
1. Bonding Requirements
2. Cash Depositories
3. Advanced Payments Approval Form
. 4. Agreement for a Special Bank Account
S Insurance Requirements
6 Certification of Accountability
-46 =''
BONDING REQUIREMENTS
1. Persons authorized to sign checks and withdraw funds from Special
Bank Account:
2. A copy of bond covering the above listed individuals.
CERTIFICATION
FOR
CASH DEPOSITORIES
A -102 - ATTACHMENT A - Paragraph 3
The undersigned hereby certifies that:
"Any moneys advanced to the State or local governments which are
determined to be "public moneys" (owned by the Federal Government)
must be deposited in a bank with FDIC insurance coverage and the
balances exceeding the FDIC coverage must be collaterally secure,
as provided for in 12 U.S.C. 265.
BANK USE GRANTEE USE
Bank Name Grantee's Name National Foundation -
March of Dimes - Tropical Coast Chapter
(Signature)
(Signature)
(Date) (Date)
(Type Name)
(Title)
Betty Pentony
(Type Name)
Executive Director
(Title)
AUTHORIZATION FOR ADVANCE PAYMENT
An initial- advance payment to the contractor in the sum of
•
is hereby authorized.
Subsequent payment must be requisitioned monthly on a'form prescribed by
the Administrative Unit in conformance with federal requirements as outlined.
in the Fiscal Activities Guide for'Prime Sponsors under the Comprehensive -
,'Employment and Training Act of 1973.
.Such.paymeats will be made based upon the monthly submission of financial
reports; and cash requisitions to the Administrative Unit documenting prior -',-
'expenditures and anticipated expenditures .for a period not to exceed 45.days,,.
the first day of which shall be the first day of the month in.which the- report
' is due.
All initial and subsequent advance payments will be made without interest:
The contracting officer hereby determines that the awking.of such advance
•payments without interest is in thepublic interest.
-49-
AGREEMENT FOR SPECIAL BANK ACCOUNT
The National Foundation - March of Dimes - Tropical Coast Chapter
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and
, a banking corporation
located at
hereinafter referred to as the Bank, hereby mutually agree as follows:
1. As a condition to the making of advance or supplemental payments
under the Contract between the Contractor and the Program Agent, amounts advanced
to the Contractor by the Program Agent shall be deposited in the account estab-
lished at the Bank, designated as the "March of Dimes Title VI Project
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance
Corporatioi Act (Act of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be'bound by the provisions of the Contract referred to in
paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the:
above Special Bank Account is concerned, and particularly shall not permit with -- '
drawal of funds from the Special Bank Account except by persons named in said
contract as authorized to incur and pay costs on behalf of the Contractor, but
shall not be responsible for the application of funds withdrawn from the account.
4: The Program Agent shall have a lien upon the credit balance in the Special
Bank Account to' secure the repayment of all advance or supplemental payments "made
to the Contractor, which lien shall be superior to any lien or claim of the Bank
with respect to such account.
5. Upon receipt of written directions from the Program Agent or his duly
authorized representative, the Bank shall act thereon and shall be under no
liability to any party hereto for any action taken in accordance with such written:,
directions.
•
6. In the event of the service of any writ of attachment, levy, or execution,
or the commencement of garnishment proceedings with respect to the Special Bank
Account, the Bank will promptly notify the Program Agent.
7. Authorized representatives of the Program Agent shall have access to
the books and records maintained by the Bank with respect to such Special Bank
Account at all reasonable times and for all reasonable purposes, including, but
not limited to, the inspection or copying of such books and records and any and;
all memoranda, checks, correspondence or documents appertaining thereto. Such
books and records shall be preserved by the Bank for a period of six (6) years
'after the closing of this Special Bank Account.
8. All moneys deposited in the Special Bank Account are public moneys subject
to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to take
all necessary measures to qualify with the Secretary of the Treasury as a
depository of public money and to deposit satisfactory security by the deposit
of United States bonds or otherwise, for the safekeeping and prompt payment of
the aforesaid public moneys as required by the regulation of the Secretary of
the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the last day of signing set forth below:
c
. BANK USE
BANK COLLATERAL
BANK NAME
BANK COLLATERAL required, based
estimated maximum bank balance,
ing FDIC coverage of $40,000),
$ .
upon
"(exclud -
is
SIGNATURE
•
DATE
TYPE NAME
TITLE
.CONTRACTOR USE
THE PROGRAM AGENT
CONTRACTOR'S NAME
National Foundation - March of Dimes
Trnpiral•n t
Cac Chapter
'SIGNATURE (DATE
ISIGNATURE
DATE
TYPE NAME
-
R. Marvin Townsend
TYPE NAME
Betty Pentony
TITLE
City Manager
TITLE
Executive Director
-54x
Copy-of Workmen's compensation policy
'including persona covered_ or similar
type of insurance for same purpose.
-52
Under the provision of the Comprehensive Employment and Training Act of 1973,
tha 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
informatioh, the,follotring items of information are to be completed and submitted
with the Contract. . •
1. name, Title, S Organization of Chief
Financial Officer
ElCheck if one has not been appointed
or designated. -
2. Will the Accounting-Systeci•ba
directly maintained by you?
Q Yes Q No (If No, who will.
maintain the account-
'
ing system? - •-
Name and Address •
3. Are you Familiar with the Department of Labor Audit Requirements?
pYes 0 No ;
.4. Description of your Financial Accounting System (Indicate whether the system is
• manual or automated and describe how it will meet the record keeping, reporting,
and accounting requirements of the Manpower Administration.). :
•
USE CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this
correct and complete
Name and Title of Authorized Official
report i.
Telephone No. and Area Code
Signature
Date of Execution
-537,
CETA CONTRACT
UNITED SERVICES ORGANIZATION, INC.
TITLE VI
TABLE OF CONTENTS
CONTRACT SIGNATURE SHEET Page 3
PROGRAM SUMMARY Page 4
PSE OCCUPATIONAL SUMMARY Page 5
PROGRAM NARRATIVE Page 6 -
CETA PROGRAM PLANNING SUMMARY Page 8
BUDGET INFORMATION SUMMARY Page 9
PROJECT OPERATING PLAN SUPPLEMENT Page 10
PROJECT COMPONENT BUDGET Page 11
ASSURANCES, CERTIFICATIONS AND SPECIAL CLAUSES Page 16
AVAILABILITY OF FUNDS CLAUSE Page 44
STANDARDS OF PERFORMANCE Page 45
SUPPORTIVE DOCUMENTS Page 46
. CONTRACT SIGh1ATURE SHEET
Lu.4tititer IR). •
160 -8552
MODIFICATION NO.
GRANTOR (Program Agent)
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78408
CONTRACTOR
United Services Organization,: Inc.
342.N.A.S. Drive
Corpus Christi,'Texas 78418
This contract is entered into by, the Program Agent, hereinafter referred to
.as Grantor acid the United Services Organization, Inc.' hereinafter
referred to as Contractor.
• The Contractor agrees to operate a Comprehensive Employment and Training Yrog-' :ac
in accordance with the provisions of this agreement. This contract consists of
this sheet and such general and special assurances as are included herein
(See Page 2)
A. OBLIGATION
(1) The total estimated Federal cost of the CETA FY(s) - .
' 1977 program is.$4,600 as
reflected in Section E; f, line 7' of'the-Budget Information
Summary. This estimated cost will cover•the.pariod
• September 1, 1977 to November 16, 1977.
' (2) Funds obligated by the Program Agent 'are
•
•
" $ 4,600 . These funds cover the period
September 1; 1977 to November 16; 1977 _
B. MODIFICATION -. -
(1) This modification /%increases (%decreases /-]does not change'''
the funds previously obligated by
to a total obligation of $'
(2) Description of Modification
•
C. TITLE AND FISCAL YEAR .
The total funds obligated for this contract by title and fiscal year are:
Xiscal Year Title I Title II Title VI • TOTAL
1977 arimnlila $4,600 $4.600
TOTAL $4.600
$4 Ann
APPROVED FOR THE CONTRACTOR
BY: Richard Beard, Executive Director
APPROVED FOR THE GRANTOR
By: R. Marvin Townsend, .City Manager
(Signature)
ATTEST:
(Date) (Signature)
City Secretary
(Date)
BY: Jason Luby, Consortium Chairman
Mayor
APPROVED: APPROVED:
day of ,1977
Director of Finance
City Attorney
1. CONTRACTOR LIAISON OFFICIAL
Richard Beard
4. CONTRACTOR
DISTRIBUT
5. TYPE OF
UNIT
6, AREA
SERVED
ION OF FUNDS A
7. POPULATION
United Services
Organization, Inc.
Non - Profit
Organization
City of Corpu
Christi
10. TOTAL
2. CONTRACT NUMBER
160 -8552
3. TITLE VI
dD JOBS
8.NO. OF
9-.. FUNDS
JOBS
_
2
$4,600
I
I
tI
2
$4,600
11. OTHER ACTIVITIES
12. TOTAL
$4,600
PSE OCCUPATIONAL SUMMARY
1. GRANT NUMBER
160 -8552
_
3. OCCUPATIONAL TITLE
NUMBER
OF JOBS
(A)
(B)
UNITED SERVICES
ORGANIZATION, INC.
2
SPECIAL PROJECT POSITIONS
Program Developer
•
4. TOTAL
2
2. CONTRA
United Se
342 N.A.S
Corpus Ch
TOR
vices Organization, Inc.
Drive
isti, Texas 78418
CETA MO.
WAGE RATE
(C)
JOB
DURATION
TOTAL
WAGES -
• (D)
(E)
$750
5.0
$3,750
J;
5.0
$3,750
PROGRAM NARRATIVE
A. Public Service Employment participants employed through the Title VI
Special Projects of the Comprehensive Employment and Training Act of
1973 will be recruited and employed consistent with the Rules and
Regulations as published in the Federal Register, May 13, 1977, Volume
42, Number 93. Special project positions will be used to accomplish
specific tasks not to exceed 12 months as.reflected on the attached Project
Data Summaries incorporated and are made a part of the Program Narrative,
B. Recruitment for position vacancies will be initiated by the Contractor
through the Texas Employment Commission, its own facilities, as well as
any other appropriate referral agency. Eligibility certification of
applicants will be consistent with a form prescribed by the Program Agent.
Selection and hiring of applicants certified as eligible for Title VI
program participation will be conducted by the Contractor.
C. To insure, as specified in the Act, that individuals from certain,groups
receive special consideration for employment under the Title VI extension,
all vacancies will be listed with the Texas Employment Commission.
D. Monitoring of the program will be the responsibility of the Contractor
and is also subject to monitoring by the City of Corpus Christi as the
Program Agent.
-6 -=
:)PROJECT DATA SIMARY .
Contractors Name and Address
City of Corpus Christi .- F. 0. Box 9277,•
Corpus Christi, Texas 78408 .
1 160 - 8552 -01 -32
2. Project Agency and Address
United Service Organization, Inc.
342 NAS Drive
Corpus Christi, Texas 78418
Nane of Project
•Military Information Outreach '
pose of Project and Brief Description of Work to be Performed
Special project'personnel would provide outreach into the military and
civilian community to 'recruit and train volunteers for . civic events -
and DSO related programs.
Number of Participants to be Employed in Project*
2 -
5.- Operational. Dates .
PYom:Sept.1,1977 To:Aug.31,19
rroiecc
icational'
ruo.ic.oervice
-Health & '
Hospitals
t1LC1a
-
\ n ..rm..-
Transporta-
ion •
'. .-•- - • - -___
Environ-
mental
•
Creative .
_Arta
Housing
- -
Recreational &
Parlre
Other.
(specify) - ,
Forcemeat
Social
Services
g
Fire'
Protection
•
Public
Works
Principle Public Service Job Title (s) and Average Annual Wage (s) **
:PS Job Title
Aver. Annual
T•TR
PS Job Title
Aver. Am
Wage
•
Program Developer(2)
$ 9,000
•
$
. •
$ $
.
•
$
$•
Do not include anticipanted turnover -
-7-
United Services Organization, Inc.
342 N.A.S. Drive
Corpus Christi, Texas 78418
'•.CETA rROCRAM PUNNING SU\I\IARY'
160 -8552
c. GRANT YEAR
September
TON REGIONAL OFFICE USE ONLY
2
COITrtACT KEY
: RE :loci Eo
iV D N 0. GZ N_Z VU
G
2
M013. DATE
MM
DO
VV
0
L
2
+IS
G '1
Sig
411
12113111�L•„
1G
171[
lsir
212223
Niz
27 -•
]r.
d. TYPE OF PROGRAM
1• C3 Title 1 3. f] Title lit *Specify
2. M Tine 11 4.:3 Tule 01
From To
1, 1977 I November 16, 1977
INe1TIIUC11ONS FOR COMPLETING SECT IONS I, u, ANU tit
Sec. 7. A (Total Em lhneuts) h the sum of A.7 and A.2. D (Total Terminations) a to Nm of 13.1 through
13.3, C (Planned Enrollments) Is A mleus D.
Sec. U: Enter In line (a) Enrollments (n each program act vlty cumulatively through the grant year, and in Ent
(b) the num17: of participants planned to be ens lied In each program activity at the end of each
quarter: participants who are mncureently enrolled in more than one activity should be counted in each
activity In which they are enrolled.
See: !)(l Enter the cumul3tirc number of participants In ea h segment to be enrolled during the gram year.
Participanit should be counted In as many significant segment groups- as are applicable.
I. ENROLLMENT AND TERMINATION SUMMARY
GRANT YEAR•TO•D /sTE PLAN
r
1
•
v. REPORT
C7 YEI IOD
A. TOTAL
ENROLL-
MEN75
1. Enroll•
menu
11 r.
2. Pdrlltl•
Pants C1rrr>r
Over
D. TOTAL
TCRNINA•
'MN!.
I. Enierin9
Em1aOVn l
1. Dlreel
Plemis.
0, Indirect
Menus.
e.0olained
Emote/rum
2. Other
Positive
1. Non.
p olltive
C. PLANNED
OVRO(•LAWAT:
fend o /e'vL':
097
7
2
2
0
0
0
0
0
0
0
0
2
7217
�r
7 a/
2
2
0
0
0
0
0
0
0
0
2
7
D
3 7
C
1.1
3
7.) 17Jn.,;ly Cnrttico
1
2 7
7
2
c
7
0
0 7
a 7 aril L•7•rr.lin:entt
0
3 1
C
.E.•
.
c-
1
212.
3N:1e 21.
26
31
36
41 • •
46' ••
51 '
00 1
01 '
CO
71 • •
7G
1
II. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES
IV. OTHER ACTIVITIES '
Iliad once IIFI
Indicate Olhef 001 7107 or special programs on mach.
manta. Describe their objeCIises and list milestones
•toward their achionmo et In i quanl(ral(vo Or narrative
pmsenwGon•
.
•
'.
•
•
A O
C
D
C
F
CLA5511OOM TRAINING
On.tne.605
Training
Pub. Saner
Employment
Wail(
D,pnlenee
Other
Activities
P,lnn Soons.
Vol. Ed.
b
2
al Total Enrollments •
0
9 7
7
• let
101
2
AUnemployed
2
r.,
J
b1 Cv nenity Enrolled
0
�r
7 a/
•
—
2
Es
7A
al Tsui Eh allmentl
12
7
7—
7
C
1.1
3
7.) 17Jn.,;ly Cnrttico
1
2 7
7
2
.
.
,
0
2
a 7 aril L•7•rr.lin:entt
0
3 1
C
.E.•
3
of Cwrcnny Enrolled •
0
3 7
` r,
7
ri 10171 Lnraltn.unit
0
0 7
•
O
3
al Cuventry Enrolled
0
G 7
•
c• 1
2 J
2121?:
74,20
27
•
37.
3G •
41'
•19'
51
11 , SIGNIFICANT SEGMENTS
...C.--:-
.
5.Cr3iFICANT
SECLtCNTS
GRANT VEAR•TO•DATE PLAN •
SIGNIFICANT
SEGMENTS
GRANT VEAR•TO•DATE PLAN
9/30
13/3 1 •
3/31,
'G /30
•
g/:O
12/31
7/31
0/30
h1
lb)
lcl 7
(d!
(a)
Its)
• let
101
•
AUnemployed
2
2
P
•
—
Es
0
.
C
H
.
.
,
0
1
C
,
t
OMU Approval No. 44.011573
E,61,ollon DaN 0/30/77
A. GRANTEE'S NAME AND ADDRESS
United Services Organization
342 N.A.S. Drive
Corpus Christi, Texas 78418
U.c. OCPARTMCIST Of LA0011
Employment and Training Adanlnletratlon
:MIDGET INFORMATION SUMMARY
' D. GRANT NUMBER,
160 -8552
C. TYPE OF PROGRAM
6. 1371111 I 3. 13'31111 III
2. 07111s 11 ISPeef /rl
4. im T1111 Vt
D. FOR REGIONAL OFFICE USE ONLY
1.
cot,
F
3
ce
O
O
N
6
0
-1s
c 7
ONTRACT 14EY
}
7;117
$
E
g
12113 14105
s
110120
o
2
MOD. DATE
MM
211-271i7
0. GRANT PROGRAM
FUNCTION 011 ACT MTV
1. AdministraLon
E5T MATED
OD
26127
VV
26123
6.
f
.1
J
30
E. BUDGET SUN MARY COST CATEGORIES
UNENPCNOCU FUNDS
2. Allowances
3. Wages
4. Fringe benefits
5. Trcluinq
6. Service,
7. Totals
j H i
l..` 3; 17.
•
•
:T ?
1 2 3
G 1
G Non•FeceiI
.)�i i`�... +•',.I ;v' x,144
NEW OR REVISED
UDCCT
2126
f. TOTAL
•
$3.750
3
gsn
62
31
1 $4-,600
$4,600
F. CUMULATIVE QUARTERLY PROJECTIONS OF OOLIGATIONS AND E),PENDITURCS (For Quarter Endav) {{
1 2
'•G aY!,',
3 r•
.qT' S,1
22123120
24 25
1 2
3;131
2. 23
24 2'
1 2
3
•F. 2
22 33
24 25
1 2
3 l
••'
21 2
0
2324
9_ .Z
25
.Z .....•._
7
26
3
w S'
G
3
''f
0 O
7
•''
G
A. i!
`4. J'
t6
26�
3. $1,850
35 1.850
_ __
•
1. Prime Sponsor Obligations
O
26
3 $4,600 •
C
2. Total•Prolected Expenditures by Program
. ur
25 4,600
sl
' l: : „,
35
44
.-.-�'
4')
a. Clesaoom Training, Prime Sponsor
i •A
41 •
, .r:
11, .1e.
-ir x1;
4•_'
5
62 •.1j
'af 7i,
V. :F.'
?;f
63
62
•
ji :j
53
b. On•theJob Training
;•
53
'7; :,
62 1,850
c. Public Service Employment
i 1`
62 4,C00
4. Work Experience
'• it:
71
- - °, L.
'1
71
. ••�
71
;( b
71
e Servl:es to Participants
1 2
3, 26
2
3 26
1 2
3
26
1 2
3 26
0
;' 'i
4
G
4
Q
4
G
4
35
tt• e:1
35
. ..
35
... '
35
f. Other Activities
3. Projected Expenditures for Vocational Rd.
In Special Grants to Covernots
it
ir. ,}
44
Si r+'
;5' •1:
!4
•'' •; 44
11!• 1.'•
,a,.`},'4 63
Vii; t.
4.1
•
�^
.. �'
53
4. Projected EapeMiwrea of Non•Fed, Funds
it: %s
53
11.11• .
53
:: ' S 62
62
5. Other Fed. Fundy Clot In Prime Spon. Ckant
{4 ,yt
62 1
;e i ^'
62
N F31-
.■:
71 $1,850 •
6. Cram Total • Projected Expenditure'
K..
71 $4 ,600
0 .;(•
71
TITLE VI PROJECT OPERATING PLAN
SUPPLEMENT
•
Number of Individuals Planned .
To Be Enrolled at End of Each
Month
III. Cumulative Projected •
Expenditures by Month
.
Sept. 77 2
$1y 850
'
,_ Oct. 77 2
3,700
.
Nov. 77 2
$ 4,600
. .
•
•
•
•
II.
Previously Employed by Same Employer
.
-10=
PROJECT COMPONENT BUDGET
/ / TITLE I / / TITLE II
NAME OF CONTRACTOR OR SwCRANTEE:
United Services Organization, Inc.
/} TITLE VI
FUNCTION OR ACTIVITY:
Public Service Employment /Title VI Special Project
(1) ADMINISTRATIVE COST:
(2) WAGES:
(3). TRAINING:
(4) FRINGE BENEFITS:
(5) ALLOWANCES:
(6) SERVICES:
AMOUNT
$3,750
850
TOTAL AMOUNT $4,600
BACK -UP SUPPORT BUDGETS
(1) ADMINISTRATIVE COSTS N/A
a. STAFF COSTS:
b. FRINGE BENEFITS:
c. CONSUMABLE OFFICE SUPPLIES:
d. PROGRAM EVALUATION:
e. ACCOUNTING SYSTEM:
f. MANAGEMENT INFORMATION SYSTEM:
8•
AMOUNT
STATE MANPOWER SERVICES COUNCIL: N/A
h. PRIME SPONSOR. PLANNING COUNCIL:
i. TRAVEL:
j. RENT:
k. UTILITIES:
1. CUSTODIAL SERVICES:
m. INDIRECT COSTS:
n. STAFF TRAINING:
o.- TECHNICAL ASSISTANCE:
p. EQUIPMENT:
q. MATERIAL:
r. CAPITAL IMPROVEMENTS:
s. PUBLICATIONS:
t. AUDIT SERVICES:
u. OTHER: (Specify)
v. OTHER: (Specify)
w. OTHER: (Specify)
x. OTHER: (Specify).
SUB - TOTAL- -0-
BACK -UP SUPPORT BUDGET
(2) WAGES:
a. On- Job - Training:
b. Transitional Subsidized Employment:
c. Other:(Specify)
d. Other:(Specify)
(3) TRAINING: N/A
a. Salaries:
b.' Fringe Benefits:
c. Tuitions:
d. .Entrance Fees:
e. Books:
f. Teacher's Aids:
g.
Other:(Specify)
Other:(Specify)
-13 �•
AMOUNT
$3,750
Sub -Total $3,750
Sub -Total
BACK -UP SUPPORT BUDGETS
(4) FRINGE BENEFITS:
a. Annual Leave:
b. Sick Leave:
c. Court Leave:
d. Military Leave:
e. FICA:
f. Life Insurance:
g. Health Insurance:
h. Unemployment Insurance:
i. Workmen's Compensation:
j. Retirement Benefits:
k. Other:(Specify) Travel
1. Other:(Specify)
(5) ALLOWANCES: N/A
all insurance
-14-
Amount
$220
130
75
425
Sub -Total $850
Sub -Total -0-
BACK -UP SUPPORT BUDGETS
(6) SERVICES TO CLIENTS: (N /A)
a. Child Care:
b. .Health Care:
c. Medical Services:
d. f'Residential Support:
e. Assistance in Securing Bonds:
f. Family Planning:
g. Outreach: •
h. Intake and Assessment:
1. Orientation:
j. Counceling:
k. Job Development:
:1. Job Placement:
m. Other:(Specify)
n. Other:(Specify)
o. Other:(Specify)
-15-
AMOUNT
-0-
Sub -Total =0-
Grand Total
$4,600
•
,ASSURANCES AND C;.RTI_FICATIONS
.'General Assurances
1. The applicant assures and certifies that:
a. It will cdmply with the requirements of the '
Comprehensive Employment and Training Act (CETA) of 1973, as
.amended (P.L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stat.
1845 and P.L. 94 -444, hereinafter referred toas the Act,
and with the regulations and policies promulgated thereunder;
and _
b. It will. comply with. OMB Circular number A--95 and
Federal Management Circulars (FMC)`• -74 -4 and 74 -7, as those
circulars relate to functions such . as the utilization of. ' .. ••.
funds, the operations of-programs, and maintenance of records;
. books,.,accouats, and other documen.tsunder'the Act.:-. -
2: The applicant furi.er assures and-certifies that'if
• the regulations promulgated pursuant to the Act are amended
or revised, it shall comply witch theta - —
• 3. In : :addition to the reauiremen is of 1' acid 2 above' an
consistent with the regulations issued pursuant to the Act,_.
the applicant makes the following further assurances and
certifications: • .
a.. It possesses legal authority to apply for the
grant; that a resolution,- motion, or similar action has been ..
duly adopted or-passes 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 td provide such. - additional information
as may be required (sections 102(a); 701Ca) (9) and (10)).
"b. It will comply with.title VI and•VII. of the Civil Rig'
Act of 1964; (P.L. 88 -352), and in accordance with title 1111 and V.
of that Act no person in the United States shall on the
grounds of race, color, sex, or national origin, be excluded
frog participation in, be denied the •benefits of, or -be .oth er-
wise subjected to discriaination under any program or activity .
for which the applicant received Federal financial assistance
and will immediately take any measures necessary to effectuate
this agreement.
c. It will ccrrply with Title VI of the Civil. Rights Act of 1964, '
(42 I= 2000d) prohibiting erployment d s¢i h ton where (I) the prifraxy
pair se of a grant is to provide e�l.a_r.z nt cc (2) di s=ixa; tnry r1oyir t
p� -arid will result in unequal •e= traent of perso rs who are or should be -.
benefiting frau the grant-aided act irity.
d. 1b person with res
tamer the Art will ,disc r' itzatiot
any application for partic-4ration
color, rational origin, sex, age,
703 (1) and. 712) .
•
rilities in the gnez nn of any Prodr.'TZ
with resp=t to any progran participant or
in such 1.+cv3:.cia because of race, creth,
politicz, affiliation ar beliefs (section
•
e. • It will. comply with the z is _ts of t e protrisiors of the
r,,;rr- T, R3ocaidaa nsis!- -- e ai Peel Prce_r y Aogu si don F.ct of1970.•.••
0.L. 91 -646) whirls it=es for fair and a _ti F,� tits -nt of p=sons
Pdiep aca as a =snit of Ferea]. aar3. F &�2Ly- ally * . ,
f. It will early wit. the Fscvisfros of the Hatch Alit which limit_
t e poli_tic�l. activity of a rg _ • •
• g. . It will camly with the r :i r'"._nt -that . no ma . e the
Act shall involve politir_a1 acd_vities (s ctt 710 .= 703 (2)) .
fl_ it Will establish safe cards
positiaszs for a r 1 pose that is or gives the znceara3=. of e r ; '
rcrrio_vai by a desire for private gain for therse1ves or o err, parti culart y
t l' with w they h� family, yei rxs, or other ties (section. 702(4).
It will. give the rtse^ t of ra"-,r ard. the Carp -o1 i ¢- •
G r er 3. thzough any author z� ,-e rese t=tiv the mess to and the right to
°aI]. ream's, boos, papers, or dre, -,ants relat_ . to, the (se .'.3ari
713 (2)•) . . • •
•
j_ hart;nipan S is th... _�y�uc will not be ecrsloyed on th cvns++„rr;o,,,-
c,�zl.at:7.QIt, or -main' tear= o� that part of ar ' faci3_ity which i_s_ u_se3 for.,•
reli,gics instruction or vx�xsiLip (section 703(3)).
Appro. •, -•;ate s r ads far health and safety ice. work a x�3 -nom
- ctio.-�s will. be sai t-a ;T� (se= '-_inn 703(5)).
•
•
•
1_ Conditions of ecalayre. or training d 1 be appropriate ad " •
reassnable with regard t o the type of work, the geragrapbi c al regi iri and the '
°ncy of the agolir_nt - (s ice 703(4)). -% •
,r,-; • Provision of workmen's compensation protection to participants
L on-the-job training, N..trk ex...eie oe, or public service ealoyz 'nt programs
der -the. Act at the same level and to the same e: tent as other eToloyees ,
`. the eooloyer who are ovate . by a State or industry urr- kr..n's 'perisation
_tut_; ar provision or 1,x7rkre_n's ooc_'ensati.cn insurance or medical and
:client s arse for injury or disease resultir -g frca their p2r`.icipation
, ai-t• i n
3 tncse irdiv1411a1 s engag&. in err/ prcgrmt activity ur.er. the Wit, i.e.,-
,nirg public service Emil me t, classrCcrtL
)rk e�.ri.erca, on-the-job 'tic- -.--�,
.aiirg, services to participants, and other activ5.ties, wi re others
iii l a rly engaged are not covered by an applicable wo-.t ar s =,. ensation.
Lat xte (sections 703 (6) and 208(4)). • •
n. os pets-real will not result in the laces nt c-= e- croloyed.. .
;r Pxittir =Extracts for. sar_ces or result-. in the substi-o3.- .
ion of F aa1 funds for ot'r= ftr•.ds in ors• ction with work_ t.at v i1d
th-*wise be perfox=I (section 703(7)). . • • •
0. .T rain will not be for any ccoma;-; r,' • which. req'. ire less
h n. two wits of pre-em4loymrEt. =nom, t1ess i*rrtedi t- �1nyr.�t
-'�.=.t es are available in that c=roation (section. 703(8)). }
. p. T•ra; ;nng and related. serrV1 . will, t0 the e- ,rtesLt rI^ctir ah1 Pr
COnWISt=t with every indiv .tal.'s fullest ( abilities and lea t;i- -
,�, t o atities•which win enable =.z'"'icigan`s to become- e n•ri,;r 11y
;elf- saffis=i ent (sections 703 (9) and 105(a) (6)) .
Thst; - ;onm'i skill training and on the. cb shall •.-
:1y be f r o a' -;r„`- in w -hildi tba secretary or the prima spits= has .
yi-"="r41-,-.1 there is reascnahl P e t ation for 00_ovalant (section. 703(10)).
r. CE`n.' fruits win, to the eat practicable, be used. to stap1 t; - .
atts= than 5.1.--plan`, the level of fords tat wnu3 othe wise be av • --
n; st'ratico. of s under the eligible applicant's
E� t� t � a.,,, -sc and acn F- "�' -'zA'
grant (section 703(11)). - - - . •
s. It wi ] i suhrit reorz-s as rmuir& by the Sys' and will. : .
as ,n = and p,�,v� vide a=ss to tb�t as necessary for the S etaZZY's
�e ass a Y.�.,..�..- rs+anf•e with the put- .
review to asstse that fur -ls are beir ma=r in acx>-
.; si ona of the Pct, ir;.•lur itg the r:.ain`enan-e of records to -
mses arm. p*'r".
assist the Secretary in deterrdning the extent to w, i ch the program ryets
the special nos of disacivantagei, c'xcriica_tly un r Toyed, ar3 low inrrxM ....
per sas for weanirful aeployccen opporturu -ties (sections 703 (12) atx't 311(c)) .
• t. The gmgrartt will, to the rtatimu -c extent feasible, ors at_ _
to the cc.r.zpational development or r_,v,ard mobility of individual participants
(section 703 (13) ) . . - - -
-18-
•
• u. The program has adequate administrative and • -
accounting controls, personnel standards; evaluation proce-
dures, availability of in-service training and technical
_
assistance programs, and other policies as may be necessary
to promote the effective use of funds (section 703(14)).
•
v. The program makes appropriate provision for the -
manpower needs of Youth in the area-served (section 703(15))-%.::-.
w. Individuals -receiving training or the job shall*-..
be compensated by the employer at such rates, including •
.
• periodic increases, as may be deemed reasonable under regu-
lations prescribed by the Secretary, but in no event at
rate which is less than the-highdst of: -.1) the minim= wage
- rate specified in Section 6(a).(1) of•the Fair Labor Standards
Act of 1938. The only exceptions to sec. 6(a)(1). are those.'„.
pertaining to the Commonwealth ofPuerto'Rico, the Virgin-
' Islands, and American Samoa, where wages shall be consistent
with provisions' of the Federal,-State,-.or local law, otherwis
applicable. Wages paid to participants in the Trust Tezritory
- of the Pacific Islands shall be consistent with local
• except on Eniwetok Atoll and.Nwajalein Atoll, where sec_ 6 (a) (1)
... is apPlicabl; 2) the State or localminimum wage fo the
• •
most nearly Camparable.covered employmentv 3) the pravailing
• • rates of pay for persons employed in similar occupations by
the same employer; 4) the minimum entrant rate for
• occupation among other-establishments in the community
area or, any minim uM rate recuired.byan applicable collec-,.
• tive bargaining agreement; 5) -for participants on Federally
•funded or assisted construction projects, the prevailing
. rate established by the Secretary, in accordance with the .
• Davis-Bacon Act, as amended, when such rates are required
- by the Federal statute under which the assistance was provided-1.
. X. It will comply with the labor standards reguirer- .:-.-
ments set out in section 706 of the Act. .- '
•
. • .
y. Services and aCtivities.providedunder this Act-
will be administered by or under the supervision of the
applicant (sections 105(a)(1)(B) and 205(c) (1)).
•
• •
•
•
z. No funds made available under the Act.shall-be:,--'
used for lobbying activities.in.violation of 18 °SCA 1913_
. .
- aa. If the applicant is financed by letter of credit:
. . • ,
(1) . Letter of credit cash drawdowns will only be
initiated when actually needed for its ETA grant(s) disburse-
-•%
.ments;
'-19-
(2) Timely reror`Jr.g of cash d ish serextts and balances oril •
e r._de to the t 1oy�: ex± an 1. ZYaii g i ristration as re r; T- -;
(3) It will. impose thee. sere standards of ti tdx zsaur_t, •
. n - anv secondary recipients including the farnisbing of reports of cash
isbursaments and b, ices.
• For grants, sub--rants, cont_ac`s, and sun retracts ins. excess -
if $100,000, or tanere the ontzactir.g officer has dear tines that orders
': a.'i indefinite quantity contract or subcontract in any year will essce .
i10G,000, or if a facility to be has be-en the :subject of a cor „riction
• a ;s,_ Clean Ai Act (42 II-5.C. -1857C -8 (c) (I) ) or the Federal Water Fallu-
i i
Ccot.ro1 Act (33 II-S.C. 3319(C)) and is listed by the Er�-nr�ta1
?rci c n Prency MA) or is it otherwise ex rpt, the gren.�e assures t_ :mot;
! } m facility to be ut iz is the peso '.once of the pzop c�1 grant .
as best t; on the EPA List of Violate Facilities; 2) • it will notify
PA, pr±ar to aazsd, of the re pt of any c-saanicat icn riicttt fille. Dfr cter, .
of Ze.de_el Activities, U.S_ IIvirta ^_ta?. at±tq
that a fadlity • th be ut4 i ; led far- the grant is under onside ration to i e •
zhstth on th° EPA List of Violating Facilities; i� tis; an3. 3) it will inc1„d-
hem _ i a y •this ass,rar, , jy+r l e +?; r3 this -third part,'` j3 . eve_•ry non -eXEt t
B. Mditicnal raxi aS 'for Title 1 Pr eis •
In carte 'Out c urea-. Title I of the Prt, the
asses s
and cer•tt i fi es that: -
1. Mar .war services, i e r?3 jab d ve1c zrent, will be provi dei to
th=e most in new. of then inclre.ing low income persons era persons of . - .
lirait m. ligiz-s---king- ability, and that the neel for con i a! ftr3ir4
of =ogress of denons ,-at_.1 effective^..ess is considered in serving such - • E s 2.s . (srrir . 105 (a) (1) 03)). ,
2. - - -
P�,.,,yL of ins- ibaticral ski.U. tra_i tsg- shall be d?x -icoed fox
,Y-- ,..a{- ;rr., is which skill shortages exist (section. 105(a) (6)) - . ” -- --
3. The plan meets all the requireateats of section. 105(a) era the applir•Prrt
wi}.l cly with all provisions of the Act (section. 105(b)).
4. It will crake such array._^ -mitts as era prescrib l by regulation to -
assist the Senzetszy in canryirg out his responsibilities under sections 105
zrd 103 of the. Pest (sectiorn 105(a) (7)) . . • - - . • - .
5. Special consideration will be givers to the nee3s of eligible disabled
veto ans, s ec aT vetarals, and vaterans who served in the Pr;. . Forces and
who received other than a dish arable discha within four yPwrs before •
the date of their application. Each prime sponsor in selecting participants -
•
-20-
for programs funded under title I of the Act, "shall take into
consideration the extent that such veterans are available in
the area. Specific effort should be made to develop appro-
priate full or part -tine on_ortunities'for such veterans_ .
The prime sponsor should utilize the assistance of the State • .
and local veterans employment service representative in fonttu- .
lacing its program objectives_ __
On a continuing and timely basis, information on job vacancies
and training opportunities funded under title I of the Act' ' ..
shall be provided to the State and local veterans employment
service representative for the purpose of disseminating infor -'
mation to eligible veterans (section 104 (b) of. Emergency sobs
and Unemployment Assistance Act o£. -1974) -
•
6. Appropriate arrangements•will be made •to promote •
-
m -wimum feasible use of apprenticeship and other" on -the -job •
, trail-1471g opportunities avail able under section 1787 of • : - :title 38, United States Code_
t
Additional Assurances Relating to Public Service Employment
Programs . _
• For`public 'service employment' -activity, the. appIlcant
further assures and certifies that: .
1. ' Special consideration ,will be given-to the filling
of jobs which provide.sufficient prospects for advancement
•or•suitable continued employment by providing complementary
• training and manpower services designed to (1) - promote .:
-advancement of participants to, employment or training oppor-
tunities suitable-to the individuals involved, whether in
the. Public or private sector of the economy, -(2) provide
. paiticipants_with,skills for whits there is an enticipated•..Y
., high demand, or (3) provide. p ..
articipants with self-develop-*,
- ment skills; except where exempt under the provisions of -
section 604 of the Act, provided, however, that nothing
contained in this paragraph shall be construed goals to ar
e not
eu e
. persons or programs for whom the foregoing
-feasible or appropriate (sections 205(c)(4) and 604).
. '2. To the extent feasible, public service jobs.shall be ".
provided in occupational fields which are most likely to :
•
•
expand within the public or private sector as the unemnloyacent •
rate" recedes except where exempt under section 604 of the
Act (sections 205(c)(6) and 604)." •
3. Special, consideration in filling transitional public.'
' service jobs will be given to unemployed persons who are the
-most severely.disadvantaged in terms of the length of time
. they have been unemployed without assistance, but such '
-special consideration shall not authorize the hiring same or'
person when•any other person is on lay -off from
,person
substantially equivalent job (section 205(c)(7)).-
-21 --
'- 4. No funds will be used to hire any person to fill a job
.,'opening created by the action of an employer in laying off or
'terminating the employment of any other regular employee not
. supported under the Act in anticipation_ of filling the vacancy
dso created by hiring an enoloyee to be supported under the .
"Act (section 205(c)(8)). - -
-- 5_ Due consideration will be .given to persons who have
participated in manpower training programs for who e_mloy-
'r„ent opportunities would not otherwise be immediately • . - -
available (section 205(c)(9)).
6. Periodic review procedures established pursuant to
section 207 (a) of the Act will be complied. with (section
205(c) (17)). . . . . .
• . -7. .Agencies and institutions to whoa financial assistance'
is made available under this-title have undertaken-or will
undertake, analyses of job descriptions and reevaluations•'
• . and, where shown necessary, revisions of au-J..ificatioa -:"
requirements at all levels of employment, including civil`
service requirements and practices relating thereto,'in
accordance' with regulations prescribed by the 'Secretary, -- :•
..with a view toward removing artificial barriers to public'"
_ employment of those who it is the-purpose of the Act tin...
• assist (section 205(c) (19)). '
8. Where appropriate, . it will' maiatain or 'provide
"linkages with upgrading and other manpower programs for - the
-purpose of (1) providing those persons employed in public
• service jobs. who want to pursue work with the employer; in
--the same or similar work, with opportunities to do so'and • -
to find permanent, upwardly mobile careers in that field, and .- -
(3) providing-those persons so employed who do not wish to
.pursue permanent careers in such field, with opoorttnities_to
seek, prepare for, and obtain work in other fields (sections-'-'-
sections - `_- ;
205(c) (19) and 604). - -
- 9_• The program will, to the maxima extent feasible,
contribute to the elimination of artificial barriers to
employment and occupational advancement, including oppor-
•tunities for the disadvantaged (section 205(c)(21)),.
- .10. Nor more than one -third of the participants in the-. . -
program will be employed in a bona fide professional capacity -
(as such term is used in section 13(a)(1) of the Fair Labor
Standards Act of 1938) , except-that this paragraph shall not
be applicable in the case of participants employed as class -
room teachers, and the Secretary may waive this limitation
in exceptional circumstances (section 205(c)(22))-
-22-
11_ Jobs will be allocate=• ecuican__, to ,o,.., -� 7--- .._.,_«.
and agencies taking into account the number of unemployed
persons within their jurisdictions and the needs of the
agencies (section 205(c)(23)). - ••
12- The jobs in each promotional line in no wav i nfrince -
upon the promotional pportunities which would otherwise be-
available to persons currently employed in public service
• jobs not subsidized under the Act, and assure that no job
will be filled in other than an entry level position in each •
job category until applicable personnel procedures and
collective bargaining agreements have been cam-oiled with
(section 205 (c) (24) ) . - • • .
13_ Jobs are in addition to those that would•be funded by
the sponsor in the absence of assistance under
the Act
• section 205(c)(24))..- •
"14.•
Persons employed in public servi.ce'•jbbs• under this
Act shall be paid wages which shall•not -be lower than,-
• whichever is the highest of: - •
(a).. The minimum hourly wage set out in section 6 (a) (1)
•
' of-the Fair Labor Standards Act of 1938, as amended_ The
only exceptions to section 6(a)•(1) are where 'a participant:. ` ••' _
• is to exempt under section_.13, or those pertaining-to the _•
Commonwealth of Puerto Rico, the Virgin Islands,-and. Aaeerica-n'
Samoa where wages shall be consistent with 'the Federal, State',..
or local law otherwise applicable_ Wages paid to participants -
'in the Trust Territories of the Pacitic Islands shall. be •
consistent• with local law, except on Eniiretok Atoll anal:
Kwajalein Atoll, where section 6(a)(1) is applicable_.
. • (b) The State or local minimums wage for the most ' .
nearly comparable covered employment; . +.
(c) The prevailing rate of pay for persons employee.
in similar public occupations by the se-Fm• employer-(section
208(a)); • -
(d) the minimixm • entrance •rate for inexperienced...
workers in-the same occupation in the establishment, or, if.
the occupation is new to the establishment, the prevailing'_
entrance rate for the occupation among other establisbments.
in the community or area, or any minimum rate required by .
an applicable collective bargaining agreement; or:- _
(e) the prevailing rate established by the Secretary, .
in accordance with the Davis -Bacon Act, as amended, for
participants involved in employment covered by the Davis -
Bacon Act.
-23-
15. 'Special consideration shall be given to eligible disabled
veterans, special veterans, and veterans who served in the
Armed Forces and who received other. than a dishonorable dis-
charge within four years before the date of their application..
Each eligible applicant selecting participants for programs
'funded under title VI of the Act, shall take into consid-
eration the extent that such veterans are available in the
area. Specific effort should be made to develop appropriate
full or part -tine opportunities for such veterans_ In order
to insure special consideration for veterans, all public -
service employment vacancies under title VI,- except those to
which former employees are being recalled, must be listed '
with the State employment service'at least 48 hours (excluding _
Saturdays, Sundays, and holidays) before sucb..vacancies are _
filled_ .During this period; the esoloin ent service may refer
those'veterans specified above. If sufficient numbers of
veterans are -not available, the. employment service, upon
request, may also refer members of other significant segments.
Aii other applicants are -to be referred after the 48 -hour
period (section_ 245 (c) (S)) . The eligible applicant
utilize the assistance of State and local - veterans employment-
: .representatives in formulating its program. objectives_
Each eligible applicant shall, on a continuing band timely.
basis, provide information on job vacancies and. training
:opportunities funded under title'VI of the Act to State and
local veterans emalovment representatives and to other
veterans organizations for the purpose of _dissP*2Tat�e.
information to eligible veterans (section 104(b) of
Emergency Jobs and Uneenloyment Assistance Act of 1974).:
D., Additional _Assurances for Title II Programs
All assurances in C above apply'to activities funded under
Title II. In addition, the applicant will assure that_
• 1. Only persons residing within to areas of substantial:
unemployment qualifying for assistance will be hired -to fill
jobs created under title 1I of the Act and the public services'.
provided by such jobs shall, to the extent feasible, be
designed to benefit the residents of such areas (section 205
(c) (3))-
2. To the extent possible, administrative staff shall be ••
drawn from unemployed and underemployed persons (section 205
(c)(20))-
-24-
E. Additional Assurances for Title V? rrocraiu� " ---------------
.
All assurances in C. above apply to activities funded
title VI. In addition, the application will assure •
that:
' 1. Only persons residing in the area served by the
eligible applicant under title VI of the Act will be hired .
to fill jobs created under the Act and that the public
services provided by such jobs shall, to the extent feasible, ,
be designed to benefit the residents of such areas except
that funds allocated under title VI of the Act (section 603
(a) (2) (g)•) , to an area eligible for assistance under title II .
of the Act shall only be used to provide•project and program
opportunities to persons residing in those areas of sub-
- stantial unemployment as defined in section 204(c)_._ -_
(Section 603(a)(2)) _ . .. _..--. -. ..
:2. To the extent possible. administrative staff sh.
:..he drawn from unemployed and underemployed persons.
(Section 205 (c) (20) )
•
F. Special Certification for State Grantees
-A state grantee further assures -and Certifies that it will,
....comply with the requirements and provisions of section 106%, • =_`:
and section 107 of the Act_
.SPECIAL CLAUSES
I. Cti4i;GES -
a. The Prime Sponsor's Contracting Officer may, at any tine,
without notice to the sureties, by written order designated•or indicated.
to be a change order, rake changes in the work within the general scope
of this contract, in any one or more of the following: (1) drawings,
designs, or specifications;.(2) in the method or manner of performance
• of the work; (3) in the Government furnished facilities; (4) method, of
shipment or packing; or (5) place of delivery. .
• b. Any other written order or an oral order (which terms as used
.in this paragraph (b) shall include. direction, instruction, interpretation, ..
or determination) from the Prime Sponsor's Contracting Officer, which causes '
.any such changes as enumerated in (a) above,'shall be treated as a change
order under this clause_ Provided, That the Contractor /Subgrahtee 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. - .
• Id.. If any.change under this clause causes an increase or decrease in
the Contractor's /Subgrantee's cost of, or the time required for, the per -. •
formance of.any part of the work under this contract, whether-or not changed
by any such order, an equitable adjustment shall be made and the contract '
modified in writing accordingly: Provided, hoirever; That no eland for any
change under (b) above shall be allowed for any costs incurred more than
20 days before the Contractor /Subgrantee gives written notice as therein
required, And provided further, That in'the case of defective specifications
for which the Prime Sponsor is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor /Subgrantee.
in .attempting to comply with such defective specifications._' . -
e. If the Contractor /Subgrantee•intends to assert -a claim for an eauitable
adjustment under this clause,. he must; within 30 days after receipt of a written
change order under (a) above or the furnishing of a written notice under (b) .
above, submit to the.Prime Sponsor's Contracting Officer a written statement - •
setting forth the general nature and monetary extent of such claim, unless
this period is extended by the Prime Sponsor. The statement of claim hereunder .
may be included in the notice under (b) above. Where the cost of property:
made obsolete or excess as the result of a.change is included in the •
Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting
Officer shall have the right to prescribe the manner of disposition of such
property..
•
•
•
-26-
f. t:o claim by the Contractor /Subgrantee for an equitable adjustment
hereunder shall be allowed if asserted after final payment under this
contract /subgrant.
g. Failure to agree on the terns of any equitable adjustment shall :te
. a dispute concerning a question of fact within the meaning of the clause of
this contract entitled "Disputes."
-.h. Nothing in this clause shall excuse the Contractor /Subgrantee
from proceeding with the contract /subgrant as change$ by the Prime
Sponsor's Contracting Officer in writing,-either by:(i).issuance of a
written change order as described in (a) above, or (ii) issuance of.a
Britten confirmation by the Prime Sponsor's Contracting Officer of the:
written- notice required of the Contractor /Subgrantee in•(b) above, re-
suiting f:om an oral.order by-the Prime Sponsor'-s Contracting Officer-
- • -
2. NONDISCRIMINATION •
It is the policy of the Executive Branch of the Goverment that (a)
contractors and subcontractors engaged in the performance of Federal• :•
contracts shall not, in connection with the employment,.advancement, or,
discharge of employees, or in connection with the terns; conditions, or,. ::
privileges or their employment, discriminate against persons because of ._
their'age except upon the basis of a bona fide bccupationaldslification,-
retirement.plan, or statutory requirement, and (b) that contractors and'
subcontractors, or persons acting on their behalf, shall not specify,•in
solicitations or advertisements - for - employees to work on Government.con-
tracts, a maximum age limit for such employment unless the specified maxi-
mum age limit is based upon a bona fide occupational qualification, ; .
retirement plan, Or statutory requirement. •
3. CHILD LABOR
'No trainee or enrollee under 18 years of age will be employed •in any
'occupation which the Secretary has.found to be particularly hazardous --
for persons'between 16 and 18 years of age (a list of such occupations
is published at 29 CFR Part 1500, Subpart E). Any eligible trainees
and enrollees under 17 years of age will be employed only in accordance
with-the limitations imposed by 29 CFR Part 1500, Subpart C.
-27-
+.1. EQUAL OPPORTUNIT: CLAUSE
;During the performance of this contract, the contractor_ gees as follows:
(1) The contr.actr•-gill not discriminate against an7 employee or a-ppl_- •
cant for emclOyment because of race, color, religion, meY_, co-
-national origin. The contractor will take affirmative action to
ensure that apolicants are employed, and that employees are treated •
• during employment, without regard to their- race, color, religion,
sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or • :
transfer, recruitment or recruitment adverts _ng; layoff or termiina-
tion; rates of pay.or other•forns of comeersation; and selectioh for
training, including aocrenticeshin. The contractor egraes to post in
conspicuous places,. available to employees.end applicents'for employ-
.. •;cent, notices to be provided by the contracting officer setting forth
the provisions of 'this nondiscrimination. Clause_ -. • • • •
(2) The contractor will, in -ell solicitations or advertisements =or'.
employees placed by or on behalf of the contractor,-state that all
qualified applicants will receive considerutica for ema10 _ny" •
without regard. to race, color,. religion, sex,.or nawicnel origin.
_ (3) The contractor wi ll send . to each labor union or r__ resentativ a of '
:workers with'which he has a collective bargaining agrec'aeat.o_ other.*-_
-- 'contract or understanding, a notice to be provided by tae ageac_.-
contracting officer, advising the.labor union or 'workers' rep_esenta -.;•
tive of the contractor's commitments under,section 202.of'Execntive
• " Order'1721;6 of September:24, 1965, and shall lost copies.df.the -
notice' in- conspicuous places available to•enployees add 'applicants _
:'for employment.
.(1:) The:contractor -dill comply'yith all provisions of Executive Order 11246'
of September 21, 1965, and of the rules,' regulations, and relevant
'orders of the Secretary of Labor.
(5) • The contractor :._l7 furnish all information and reports re_u:Lred b •
Executive Order 11246 of September 24+, 1965; and by the •miles, reguLa -.
ticns, and orders cf the Secretary of Labor, r m rsuant thereto, and •
will pey,it acce =- to his books records and accounts by.the contrac.si:i.
agerc_ end the ecrstarY. v _ - br_r :for purposes of Ives`igatioa to
ascertain ,coma lialce .withsuch rules_, reg i tions, and orders. . • •
(6). in the event.cf the contractor's nonconp iance w-ith.the *_iondiscri_ina-
tion clauses of this' contract or. with any- cf such rules, regulations, • •
or•orders, this contract may be canceled, terminated or suspended _n
whole or in part and the contractor may be declared ineligible for -
further Government contracts in accordance with procedures authorise:;
•
-28-
in EXecutive Crder 11246 of September 24, 1965, and such other '
sanctions may be imposed. end remedies invoked as provided i
Executive
of the 11246 of September 24, 1965, or by rule, regulation,
Secretary of Labor, or as otherwise provided by._a;;.
(7) -The contractor 'rill include thr -
- pro'. -sons or p_.- 2 ,,-raphs (1) ta- ougic
(7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secreta_ -y of Labor issued Pursuant to
section 204 of Executive Order 11246 of Sc tember 24, 1965, so that
such provisions will be binding upon each sub:ontractor or vendor.
The contractor will take such action with respect. to any subcontract
or purchase order as the contracting
agency d irect•as a means of 'enforcing such provisions including sanctions r or nonce- aliace:
Provided,'ho »ever, That in the event the contractor-becomes involved .
in,, or is thr_atened:with, litigation with a subcontractor or vendor.
as a result of such direction by the. contracting agency, the co:^_-
tractor may request the United States to enter into such l tigation
to protect the interests of -the United States. '
. -5. TRAINEE OR ENROLLEE; WAGES
The'hour3y 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
Dumber 1 above. •
6. TERMINATION OF TRAINEES OR EU OR LLEES
Trainees or enrollees will not be terminated without prior notice to.the
trainee or enrollee and reasonable opportunity for corrections or improvement'
or performance and consultation with the-Contracting Officer by the training
facility for substandard or unsatisfactory progress or conduct. Texnindtion -
of trainees or enrollees will be
cedures approved by the ContractingfOfficer orlhisp duly authorized representa
tive: Provided, That in training facilities operating under a collective
bargaining agreement,•disciplinary and grievance procedures provided in such
an agreement and applicable to trainees or enrollees covered by this contract,
ahall govern.
-29-
•
7. TERMINATION
a. The performance of work under the contract /subgrant may be
terminated by the Prime Sponsor-in accordance with this clause i:t
•whole, or from time to time in part:
(1) Whenever the Contractor /Subgrantee shall default in per-
formance of this contract /subgrart in accordance with its terms (including
in the term "'default" any such failure by the Contractor /Subgrantee to mak
progress in the prosecution of the work hereunder as endangers such cerfon
ance), and shall fail to cure such default within a period of ten days (or
such longer period as the Prime Sponsor's Contracting Officer may zllow):
-after receipt from the Prime Sponsor's Contracting Officer-of a notice
specifying the .default; or
(2) "Whenever for any reason the Prime Sponsor's Contracting
Officer shall determine that such termination is in the best interest of .
the Prime Sponsor. •
Any such termination shall be effected by delivery to the Contractor/
Subgrantee of a Notice of Termination specifying whether-termination is
for the default of the Contractor /Subgrantee or for the convenience of-
the Prime Sponsor, the extent to which performance of work under the contra
subgrant is terminated, and the date upon which such terai.nation beco.,es _
effective: If, after notice of termination of this contract /subgrant for
. default, under (1) above, it is determined for any reason-that the
Contractor /Subgrantee was not in default pursuant to (l), or that the
Contractor's /Subgrentee's failure to perform or to make progress in per-: -
formance is due to causes beyond the control and without the fault or
negligence of the Contractor /Subgrantee pursuant to the provisions of
the clause of this contract /subgrant relating to'excusable delays, the
Notice :of Termination shall be deemed to have been issued under (2) above,:
and the rights and obligations of the parties hereto shall in such event
be governed accordingly- _ . •
b. After receipt of a notice of Termination and except as otherwise directed by the Prig Sponsor's Contracting Officer, the Contractor /Sub-
grantee shall:
•
(1) Stop work under the contract /subgranz.on the.date and to the
extent specified in the 2:otice 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; .
-30-
(3) Terminate all orders and subcontracts to the extent that
they relate to the performance of York terminated by the P,otice of Termina-
tion;
(4) Assign to the Prime Sponsor in the manner and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the - right, title
and interest of the Contractor /Subgrantee under the orders or subcontracts
so terminated in which case the Prime Sponsor shall have the right, in its
.discretion, to settle or pay any or all claims arising out of the termina-
tion of such orders and subcontracts;
(5) With the approval or ratification of the Prime Sponsor's -
Contracting Officer, to the extent he nay require, which approval or
ratification shall be final end'conclusive for ali 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 reim- :• =
bursable in 'whole or in part, in accordance with -the provisidns of this
contract / subgrant.
(6) Transfer title to the Prime Sponsor (to.the extent that r •
- title has not already been transferred) and deliver in the manner, at the
times, and to the extent directed by the Prime Sponsor's Contracting
Officer, (1) 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 contractJsubarant '
had been completed, -would be required to be furnished to the Prime Sponsor,
and (iii).the jigs, dies, and fixtures, and other - special tools and tooling
acquired, or manufactured for the performance-of :this contract / subgrant for
the, cost of which the Contractor /Subgrantee has been or.will be reimbursed
under•this contract / subgrant. •
(T) Use his best efforts to sell, in the manner, at the times, to
the extent and at the price or prices directed or authorized by the Prima
Sponsor's Contracting Officer, any property of the types referred to in
(6) above: Provided, hovever, That the Contractor /Subo antee (i)'shall not
be required to extend credit to any purchaser, and (ii) may acquire any _
such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: •And provided further,
That the proceeds of any such transferor disposition shall be applied in
reduction of any payments to be made by the Prime Sponsor to the Con- _
tractor /Subgrantee under this contract /subgrant or shall otherwise be -
credited to the price or cost of the work covered by this contract / subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may.
direct; -
-31-
(8) Complete u rforma_nce of such part of the work, as shall not
have been terminated by the Iotice of Termination; and
(9) Take such action as may be necessary, or as the Prime
Sponsor's Contracting Officer may direct, for the protection and preserva-
tion of the prote=ty related to this contract /s+.ibgrant which is in the
possession of the Contractor /Subgrantee and in which the Prime Sponsor has
or may acquire an interest.
The Contractor/Subgrantee shall proceed immediately with the per•:ormance
of the above obligations notwithstanding any delay in determining or adjusting
the amount of the fee, or any item of reimbursable cost, under_this clause...
At any time after exairation of the.plant clearance period,' as defined is . -•
Subpart 1 -8.1 of the Federal Procurement Regulations (41.CFR 1 -8.1), as
the definition may be amended from time to time, the Contractor / Subgrantee,
may submit to.the Prime Sponsor's Contracting Officer'a list, certified•as
to quantity and quality, of any or all items of termination inventory not,
previously disposed of, exclusive of items the disposition of which has
been directed or authorized by the Prime Sponsor's Contracting Officer, end •
may request the Prue Sponsor to remove such items or enter into a storage ''
agreement covering then. Not later than.fifteen (15) days thereafter, the
Prime Sponsor will accept such items and remove then or enter into a storage
agreement covering the same: Provided, That the-list submitted shall bb
subject to verification by the Prime Sponsor's Contracting Officer upon _,
removal of the items or; if the items are stored, within forty - wive -(4.5)
days from the date of submission of the list,r.and any necessary adjustment
to- correct the list as submitted shall be Made prior to'final settlement.
c_ After receipt of a notice of Termination, the Contractor /Sub .
.grantee shall submit to the Prime Sponsor's Contracting Officer his terrina --
tion claim in the form and with the certification prescribed by the Prime •
Sponsor's Contracting Officer. Such claim sbsil be submitted promptly but
in no event later than one year from the effective date of termination, ••
unless one or more extensions in writing are granted by the Prime Sponsor's
Contracting Officer upon request of the Contractor / Subgrantee made in
writing within such one-year period or authorized extension thereof.
However; if the Prize Sponsor's Contracting Officer determines that the
'facts justify such action, he nay receive and act upon any such termination
claim at any time after such one -year period of any extension thereof.
Upon failure of the Contractor / Subgrantee to submit his termination claisa'
within the time a11om-ed, the Prime Sponsor's Contracting Officer may, subject
to any review required•by the contracting agency's, procedures in effect as of tl
date of execution of this contract /subgrant, determine, an the basis o_f •
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.
-32-
d. Subject to the provisions of paragraph (e), and subject to any
review required by the contracting agency's procedures in effect as of the .
date of execution of this contract /subgrant, the Contractor / Subgrantee and
the Prime Sponsor's Contracting Officer may agree upon the -whole or any
part of the amount or amounts to be paid (including an allowance for the
fee) to the Contractor /Subgrantee by reason of the total or partial termina-
tion of work pursuant to this clause. The contract /subgrant shall be
amended accordingly, and the Contractor /Subgrantee shall be .aid the agreed_
amount.
• e. In the event of the failure of the Contractor /Suboran*utee and the
• Prime Sponsor's Contracting Officer to agree in whole or in part, as pro -•
hided in paragraph (d), as to the amounts with respect to•costs and fee,
. or as to the amount of the fee, to'be paid to the Contractor /Subgrantee
- in connection with the termination of work pursuant to this clause, the -
Prime Sponsor's Contracting Officer shall, "subject to any review•reouired
:by the contracting agency's procedures in effect as of the date. of execu - -...
tion of this contract /subo ant, 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 /Subgrantee
• , 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 with this contract /subgrant not previou4. paid,
• ,.to the Contractor /Subgrantee for the performance of this contract /subgrant
prior to the effective date of the Notice of Termination, and•such of these.
. -costs as way continue for a reasonable time thereafter with the approval of
or as• directed by the Prime Sponsor's Contracting Officer:. Provided, '
however, That•the Contractor %Subgrantee shall proceed as rapidly as.practi-
:cable to discontinue such costs; -
• • ••': • (ii)'.There shell be included therein so far es not included
sunder (i) above, the cost of settling and paying claims arising out of the
.termination of work'under subcontracts or orders, as provided'in paragr.aoh -•
(b)(5) above, vhich are properly chargeable to the terminated portion of
.the contract /subgrant; -
• - ... (iii) There shall be included in the reasonable costs of
settlement, including accounting, legal, clerical, and other expenses _
reasonably necessary for the. preparation of settlement claims and, supporting
data with respect to the terminated portion of the contract /subgrant and for ;
the termination and settlement of subcontracts thereunder, together with _
reasonable storage, transportation, and other costs incurre3.in connection
with the protection or disposition of termination inventory: Provided, ,
however, That if the termination is for default of the Conactor /Subgrantee
there shall not be included any amounts for the preparation of the Contractor's/
Subgrantee's settlement proposal; and . _
(iv) There shall_ be included therein a portion of the fee
payable under the contract /subgrant determined as follows: -
=33- '
(A) In the event of the termination, of this contract/ .
stfogrant for the convenience of the Prime Sponsor and not for the default
of the Contractor / Subgrantee, there shall be paid a percentage of the fee
eouiralent to the percentage of the completion of work contemplated by the
contract /subgrant, less•fee payments previously made, hereunder; or
(B) In the event of the termination of this contract/ •
subgrant for the default of the Contractor / Subgrantee, the total fee payable
sell be such proportionate part of the fee (or, if this contract /subgrant
cads for articles.of different types, of such'part of the fee as is
reasonably allocable to the type of article under consideration) as the
total'number, of articles delivered to and accepted:by the Prime Sponsor
• bears to the total number of articles of a like kind called for by this
contract /subgrant.
' --If- the amount-'determined under this'subparagraph (1) is less than the -Cotel '-
payment, theretofore made to the Contractor / Subgrantee, the Contractor/
Subgrantee shall repay to the Prime Sponsor the excess amount. - -
(2) If the settlement includes only the fee, the mount thereof -
vill be determined in accordance Kith subparagraph.(1)(iv), above. - --','"
(f) The Contractor / Subgrantee shall have the -right o1'appeal, under
the clause of this contract /subgrant entitled "Disputes, "'frost any deter -,
nination made by the Prime Sponsor's Contracting Officer under par raph (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
reouest.extension of such tine, he shall have no such right of appeal. In .
any case where the Prime Sponsor's Contracting Officer has made a deter-
nination of the amount due under paragraph (c) or (e) above, the Prime -
Sponsor shall pay to the Contractor /Subgrantee the following:._:
(1) if there is no right of appeal hereunder or if no timely appeal has
been taken, the amount so determined by the Priae.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 / Subgrantee under this.
clause there shall be deducted (1) all unliquidated advance or other pay e:ts-
theretofore made to the Contractor / Subgrantee, applicable to the terminated -
portion of this contract /subgrai.,,, 42) any claim which the Prime Sponsor may
have against the Contractor / Subgrantee in connection with this contract/sub-
-grant, and (3) the' agreed price for, or the proceeds of -sale of, any materiels,
supplies, or other things acouired by the Contractor / Subgrantee or sold pur-
suant to the provisions of this clause and not otherwise recivered by or
credited to the Prima Sponsor.
(h) In the event of a varrial termination, the portion of the fee :rhic'
is payable with respect to the work under the continued portion of the
-34-
contract /subgrant shall be equitably adjusted by agreement-between the
Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and
such adjustment shall be evidenced by an amendment to this contract /sub -'
grant.
(1) The Prime Sponsor may from time to tire, under such terms and
conditions as it may prescribe, make partial payments and payments on
account against costs incurred by the Contractor /Subgrantee in connection
with the terminated portion of the contract /subgrant vhenerer.in the
opinion of the Prime Sponsor's Contracting Officer the aggregate of such .
payments shall be within.the amount to which the Contractor /Subgrentee will
be entitled hereunder. If.the total of such payments is in excess of the .
amount finally. determined to be due•under this clause, such excess shall - be payable by the Contractor /Subgrentee to the Prime Sponsor upon demand, • '
together with interest computed at the rate of 6 percent per annum, for the
.period from the date such excess payment is received by the Contractor /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 erg; such..
• excess payment .attributable to a reduction in the Contractor's /Subgrantee's
claim by reason of retention or other disposition of termination inventory
until ten days after the date of such retention or disposition, or such •
later date as determined by the Prime 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'contract /subgrant does not provide.for payment of ;.fee--
•
•
•
• • 8..- TERMINATION FOR CONVENIENCE •
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 /Subgrarrtee 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 Prime Spo:isor--
whenever'for any-reason the Prime Sponsor's Contracting Officer shall deter-
mine that such termination is in the best interest of the Prime Sponsor. .
Termination of work hereunder shall be effected by delivery to the Contractor/
Subgrantee of a Notice of Termination specifying the extent to which per -
formance of work under the contract /subgrant is.terninated and the date •
upon 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 •
materials, supplies, equipment, and miscellaneous items. In addition, the - .
Contractor /Subgrantee shall exercise all reasonable diligence to accomplish -
-'35-
the cancellation or diversion of his outstanding commitments covering m rsc
services and extending beyond the date of such termination to the extent tt
they relate to the performance of any work terminated by the notice. With
respect to such canceled commitments the Contractor / Subgrantee agrees to
(1) settle all outstanding liabilities and all claims arising out of such
cancellation of commitments, with the approval or ratification of the PrimE
Sponsor's Contracting Officer, to the extent he may require, which approval
or ratification shall be final Thr all purposes of this clause, and (2)
assign to the Prime Sponsor, in the manner at the time,'and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, tit]
and interest of the Contractor /Suborantee under the orders and subcontract:
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 terminate
of such orders and subcontracts. . _
•' (c) The Contractor /Suborantee shall submit his texiination claim to t}
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 extensions in writing are granted by the Price'
Sponsor's Contracting Officer upon written request of the Contractor /Sub--
grantee vithin-such one-year period or authorized extension thereof.-..Upon
failure of the Contractor /Subgrantee to submit his termination claim 'within
the time allowed, the Prime Sponsor's Contracting Officer may, subject' to.
-any review required by the contracting agency's procedures in effect as of
the date of execution of this contract /subgrant, determine, on the basis
of information available to him, the amount, if any, due to the Contractor/
Subgrantee by reason of the termination and shall thereupon payto the •
Contractor / Subgrantee the amount so determined. . . . . . ' '
(d) Any determination of costs under paragraph (0) shall be governed
by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, .2TD PAX-
BEST Clause of this contract /subgrant. .
(e) Subject to the provisions of paragraph (c) above, and subject to
any review required by the Prime Sponsor's contracting agency's procedures
in effect as of the date of execution. of this contract /subgrant the
Contractor / Subgrantee and the Prime Sponsor's Contracting Officer may agree
upon the whole or any part of the amount of amounts to be-paid to the
Contractor /Suborantee by reason of the termination under this clause, which
amount or amounts may include any reasonable cancellation charges thereby
incurred by the Contractor / Subgrantee and any reasonable loss upon out-
standing commitments for personal services which he is unable to cancel: '
Provided, however, That in connection with any outstanding coanitments for
personal services which the Contractor /Subgrantee is unable to cancel, the
Contractor /Subgrantee shall have exercised reasonable diligence to divert
such commitments to his other activities and operations_ Any such agreensy',
shall be embodied in an amendment to this contract /subgrant and the Con -
tractor/Subgrantee shall be paid the agreed amount.
-36-
(f) The Prime Sponsor may-from time to time, under such terms and
conditions as it may prescribe, make partial payments against costs incurred
by the Contractor/Subgrantee in connection with the terminated portion of
this contract / subgrant whenever, in the opinion of the Prime Sponsor's
Contracting Officer, the aggregate of such payments is within the amount to .
which the Contractor / Subgrantee will be entitled hereunder. If the total -
of such payments is in excess of the amount finally agreed or determined to».
be due under this clause, such excess shall be payable by the Contractor/
Subgrantee to the:Prime Sponsor upon demand: Provided, That if such excess
is not so paid upon demand, interest thereon shall be payable by the -
Contractor/Subgrantee to the Prime Sponsor at the rate of 6 percent _er-'
annum,.beginning 30 days from the date of such demand_ . .
•
•
(g) The Contractor /Subgrantee agrees to transfer title to the Prime
Sponsor and deliver in the manner, at the times, and to the extent, if any,•
directed by the Prime Sponsor's Contracting Officer, such information and
.items which, if the contract / subgrant had been completed, would have been
required to be furnished to the Prime Sponsor, including: •
•
(1) Completed_ or partially-completed plans, drawings, an
information; and .
(2) Materials or equipment produced•or in process or acquired in
connection with the performance of the work' terminated by the notice.», 0ther -.
than the above, 'any termination inventory resulting from the termination of
the contract /subgrant may, with the written approval of the Prime Sponsor's =
Contracting Officer, be sold or acquired by the Contractor / Subgrantee under
the conditions prescribed by and at a price or prices approved by the Prime
Sponsor's Contracting Officer. The proceeds of any such dispositionshall
be applied in reduction of any payments to be made by the Prime Sponsor to
to the Contractor /Subgrantee under this contract / subgrant or shall otherwise
be credited to the price or cost of work covered by this contract / subgrant
or paid in such other manner as the Prime Sponsor's Contracting Officer may
direct. Pending final disposition of property arising from the termination;
the Contractor / Subgrantee agrees to take such action as may be necessary, or •
as the Prime Sponsor's Contracting Officer may direct, for the protection and
preservation of the property related to this contract / subgrant which is in
the possession of the Contractor / Subgrantee and in which the Prime Sponsor
has or may acquire an interest. - -
- 9. CONSTRUCTION AND BUILDING REHABILITATION
The subcontractor shall not expend Federal funds for construction and
building rehabilitation without prior approval'of the Prime Sponsor's
Contracting Officer. Any projects approved by the Department of Libor
'and the Prime Sponsor'shall be administered under the guidelines of A -102
and parts of Paragraph IV, applicable to construction procurement.
-37-
110. LISTING OF EMPLOXi.1EaT 0 ?I[iGS
(This "clause is applicable pursuant to 41 CFR 50 -250 if this contract is for
$2,500 or more.)
(a) The Contractor agrees, in order to provide special emphasis to the
employment of qualified disabled veterans and veterans of the Vietnam era,
that all suitable e- 4o1cyment openings of the contractor Which exist at the t°-=
of the execution e: this contract and those which. occur during the rfor— nee
of this contract, including those not generated by this. contract and 4ncluAi^r -
those occurring at an establishment other than the one wherein the. contrat -
being performed but excluding those of inde pendently operated corporate affi1i_
.aces, shall be offered for listing at an appropriate local office cf the State
:employment service system wherein the opening occurs and to provide such
r _ _-
.
to such local office regarding employment openings and hires as. may be i- r
ecuire,:
Provided, That if this contract is for less than $10,000 or if it is .,t%+ a
"-State cr local government the'reports set forth in paragra_hs (c)•a_nd. (-) -_b
not required.
(b) Listing of employment openings with the employment service Srsten r4
suant to, this clause shall be made at least concurrently 'with the use o= any •_
.other recruitment service or effort and shall involve the normal obligations -
which attach to the placing of a bona fide job order, including the a ^ ^ = „`anc _
of referrals of veterans and. nonveterans. 'This listing of emalcyyment cmeninms
does not reouire the hiring of any particular job applicant or from any portion :o
group of job applicants, ".nd nothing herein is intended to relieve the 0cntr_::
'front any resuirenents in'any statutes., Executive orders, or regulations regarding
nondiscrimination in employment.
(c) The reports required by paragraph "(a) of this clause 'shall include, -
:not be limited to, periodic resorts which shall be filed at least cggarterle-
the appropriate local office or, where the Contractor has more than one estab_'_h
rent in a State; with the central office. of the State employment service. Sue
reports.shail indicate for each establishnent'(i) the nunoer -of indlyidue s
were hired during the reporting period, (ii) the number of those :,fired - o Fere
-disabled veterans, and (iii) thenuz'oer'of those hired who „ere ncr_.^:is_ble - -
veterans of the Vietnam era. The co ntractor-shall submit a resort it i =-30
after the end of each reporting period wherein any performance is ---fie -
contract. The Contractor hall maintain cosies of the repots shit itted' until
expiration of year after final payzen, under the contract, Lduring - time
they shall be made available, upon request, for examination by axrr „„rive
representatives of the Contracting Officer of of the Secretary of Labor. - -
(d) Whenever the Contractor becomes contractually bound by the 1isti:p -
provisions of this clause, he shall advise the employment service system
in
State wherein_ he has establishments of the nave and location oy each such est,:7-
lishment in the State. as long as the contractor is contractually bound to
these provisions and has so advised tix State employment system, there is no = =--
. -38-
to advise the State system of subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this contract clause.
• (e) This cla• 5e do=_=- not apply to the listing of enp1oy seat o_enings
`which occur and are-filed outside of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico', Guam, and the Virgin Islands.
(f) This clause does not apply to openings which the Contractor proposes
to fill from within his on organization or to'fill pursuant to a customary and
traditional employer -union hiring arrangement. This exclusion does not apply .•
to a particular opening once an employer decides to consider a pplicants•outside.
of his o•.rn• organization or employer -union arrangement for that opening.
(g) As used in this clause: •
(1) "All suitable employment openings" includes, but is not limited for
. openings which occur-in the following job categories: ?roduction,'end nonorcLaat_on;
plant and oifice;.laborers and mechanics; supervisory and nonsuperviso_y; tech_ ca?: ;'
and executive, administrative, and professional openings which are conpensated aa_
. a salary basis .of less than $18,000 per year. The term includes-full-time ezpic-y- .•
sent, temporary employment Of more than 3 days! duratiaa, and part-time emeioy___t.
It does not include openings which the Contractor proposes to fill from within is
• . own organization or to fill pursuant'.to a customary and traditional employer-um-lam
hiring arrangement. .
• :. (2) , "Appropriate 'office of 'the State employment. service system" Means -
.the local office of the Federal -State national system of public employment offices
• with assigned responsibility for serving the area of the'establishnent where the
. employment opening is to be filled, including the District of Columbia, the Common-
. wealth.af Puerto Rico, Guam, and the Virgin Islands_
'(3) "Openings which the Contractor proposes to fill from within his owm
' • organization" means employment openings for which'no consideration will be given '
to persons outside the Contractor's own organization (including any affiliates,
subsidiaries, and parent companies), and includes any openings which the Contracto
proposes to fill from regularly established "recall" cr "rehire" lists. •
(4) "Openings which the Contractor proposes * * * to fill pursuant
to a customary and traditional employer-union hiring arrangement" nears e.^loyment ' .
openings for which no consideration will be given to persons outside of a snecia]
hiring arrangement, including openings which the Contractor proposes to fill from
union halls, which is pa=t of the customary and traditional hiring relations^__ •
which exists between the Contractor and representatives of his employees.
(5) "Disabled veteran" means a person entitled to disability comaensatio_c
under laws administered by the Veterans Administration for a disability rated at .
30 percent um or more, or 's person whose discharge or release from active duty was
for a disability incurred or aggravated in line of duty.
-39-
(6) "l'etercln or the Vietnam era" means a person (A) who (i) serve!
::on active duty with the Armed Forces for a period of more than 180 days, any
Dart of which occurr: %i after August 5, 1964, and was discharged or released
'..herefrom with other than a dishonorable discharge, or (ii) was discharged
-or released from active duty for service- connected• lisat flit f if . any tart of
•:such duty vas performed after August 5, 2954, and (B) who was so discharged
released within the 48 months preceding his application r employment co:__=°
by this clause. •
(h) If any di:abl• :d veteran or veteran of the Vietnam era believes that :_
Contractor (or any first -tier subcontractor) has failed. or refuses to ccmnly
the provisions of this contract clause relating to giving-seeciol exshasis im_
e
employmnt to veterans, such veteran may Zile 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 .^.t
report on the attea t to resolve the matter to the State office of the Vetera st.
Eoloyment Service of the Department of Labor. Such complaint shall then be • •
promptly referred through the Assistant Regional Director for I.anpbwer -to the.
Se rotarycf Labor who shall -investigate such complaint and sha1l take such
action thereon as the facts and circumstances warrant consistent with the tees
of this contract and the lams and regulations applicable thereto. •
(i) The Contractor agrees to place this clause (excluding this parasyramh'. )
in any subcontract directly under this. contract." .. -
11. DYNIATI0NS
Under the most compelling circumstances such as situations where the needs -of
the.Government cannot reasonably be otherwise supplied, where listing of • .
employment openings would be contrary to national security, or where the re=
ouirement of listing would otherwise not be in the best interests of the
C- overnment, a deviation from this subpart may be -made, subject to the approval
of the Secretary of Labor. Requests for any sucli deviations shall be.addressed
to the Assistant Regional Director for Manpower; U.S. Department of Labor,' -
•Federal Building - U.S. Courthouse, 1100 Commerce Street, 7th Floor, Dallas,
Texas 75202, wherein the contract is to be signed, and shall set forth. the -•
reasons for the request.
-40-
• 12. DISPUTES _
a. Except as otherwise provided in the contract /subgrant, any •
dispute concerning a ouestion of-fact arising under this contract /subgrar_t
vhieh is not disposed of by agreement shall be decided by the Prime
Sponsor's Contracting Officer, who shall reduce his decision to 'writing •
. and Tail or otherwise furnish a copy thereof to the Contractor / Subgrantee.
TI-1 e decision of the Prime Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, -
the Contractor / Subgrantee nails or otherwise furnishes to the Prime
Sponsor's Contracting Officer, a -written appeal addressed to-the Prime
Sponsor.. The decision of the Prime Sponsor's Contracting Officer-for'
the determination of'such.appeals shall be final and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent "
or capricious, or arbitrary, or so grossly erroneous as necessarily to
'imply,bad faith, or'not supported by substantial evidence. • In connection
with any appeal proceeding under this clause, the Contractor /Grantee shall...-.
' be afforded an opportunity to be heard and•to offer evidence'in support of -
its appeal: Pending final decision of a dispute hereunder, the Contractor/'..-
Subgrantee- shall•proceed diligently with the performance of the contract/
subgrant and in accordance with the Prime Sponsor's Contracting -0fiicer's
decision. 0- :
b. This "Disputes" clause does not preclude-consideration of law '
questions in connection with decisions provided for in paragraph (a) -
, above:. Provided, That nothing in this contract /subo ant shall be construed
as making final the decision of any administrative official, representative,
'or board on a question of law. • •
13%! SUBCONTRACTING
The subcontractor shall obtain written consent of the Prime Sponsor prior
to subcontracting any parts of this agreement. The Contracting Officer -
xnsy, in his discretion, ratify in writing any such subcontract; such '
action shall constitute the consent of the Contracting 0e icer 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 pronpt notices of any claims
made against the Prime Sponsor, the subcontrac'or, or any of•the parties
involved in the•implene station and administration of the CETA Program.
-41-
•
15. OMER OF PF CED UCE
In the event there are inconsistencies or conflicts in the grant and/or
contract, unless otherwise provided thereon, the nconcsistencie-
> i
be resolved by giving pre i s'ra]?
by g "s - cec,ence in the following order:
1. The Act (Public Law 93 -203, 87 Stat. 839)
2. The regulations as. approved by the Secreta'r'y of Labor
3. Special Clauses
�%.
A,102
5. A -8T
6. The Conprehensiye 2•Ianpower Plan as - stated in the grant as:.- •
applicable to each title. - • -
-42-
ASSURANCES AND CERTIFICATIONS
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.
United Services Organization, Inc. 342 N.A.S. Drive
(Legal Name of Applicant) (Address)
(Signature of Chief Elected
Official or His /Her Designee)
Richard Beard, Executive Director
(Typed Name & Title of Chief
Elected Official or His /Her
Designee)
-43
September 1, 1977
(Date of Application)
AVAILABILITY OF FUNDS CLAUSE
The Program Agent'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 Program Agent for payment of
any money shall arise unless and until funds are made available to the
Program Agent for this procurement and notice of such availability, to be
confirmed in writing by the Program Agent's Contracting Officer, is given
to the contractor.
This request does not commit the Program Agent to pay for costs incurred
in the submission of a proposal or for any costs incurred prior to the execution
of a formal contract unless such costs are specifically authorized in writing
by the Program Agent's Contracting Officer.
CONTRACT NO. 160 -8552
STANDARDS OF PERFORMANCE
The United Services Organization, Inc. will perform according
to the rules and regulations as set forth in the Coastal Bend Manpower Consortium's
Title VI grant application and the Rules and Regulations established for Title VI
under the Comprehensive Employment and Training Act of 1973 as published in the
Federal Register, May 13, 1977, Volume 42, Number 93 as well as any additional
Federal Register made reference to and cited therein.
The grantor will review the monthly performance of the contractor in terms of
the contractor's ability to hire the planned number of individuals. To the extent
that the contractor is not able to perform effectively, funds may be deobligated
and redistributed to alternative contractors.
Bonding Requirements
Cash Depositories •
Advanced Payments Approval Form
. 4. Agreement for a Special Bank Accouat
5. Insurance Requirements
6. Certification of Accountability
•
•
-46 - -
•
BONDING REQUIREMENTS
1. Persons authorized to sign checks and withdraw funds from Special
Eara Account:
2. A copy of bond covering the above listed individuals.
-47 ==
CERTIFICATION
FOR
CASH DEPOSITORIES
A -102 -ATTACHMENT A - Paragraph 3
The undersigned hereby certifies that:
"Any moneys advanced to the State or local governments which are
determined to be "public moneys" (owned by the Federal Government)
must be deposited in a bank with FDIC insurance coverage and the
balances exceeding the FDIC coverage must be collaterally secure,
as provided for in 12 U.S.C. 265.
•
Sank Name
BANK USE
GRANTEE USE
Grantee's Name United Services
Organization, Inc.
(Signature)
(Signature)
(Date) (Date)
(Type Name)
(Title)
-48
Richard Beard
(Type Name)
Executive Director
(Title)
AUTHORIZATION FOR ADVANCE PAYMENT -
An Initial-advance payment to the contractor in the sum of -$2;700' -- -
.is hereby authorized.
Subsequent payment must be requisitioned monthly on a form prescribed by
the Administrative Unit in conformance with federal requirements as outlined
in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive
.Employment and Training At 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.for a period not to exceed.45.days,
the first day of which shall be the first day of the month in:which the report
is due.
A11 initial and subsequent advance payments will be made without interest.
The contracting officer hereby determines that the making of such advance
'payments without interest is in the•public interest.
AGREEMENT FOR SPECIAL BANK ACCOUNT
The United Services Organization, Inc.
hereinafter referred to as the Contractor; the unit of local government herein-
after called the Program Agent; and
, a banking corporation
located at
hereinafter referred to as the Bank, hereby mutually agree as follows:
1. As a condition to the making of advance or supplemental payments
under the Contract between the Contractor and the Program Agent, amounts advanced
to the Contractor by the Program Agent shall be deposited in the account estab-
lished at the Bank, designated as the "United Services Organization, Inc.
Title VI Proiect
Special Bank Account," hereinafter referred to as the Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit Insurance;
Corporation Act (Act of September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract referred to in
paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the
above Special Bank Account is concerned, and particularly shall not permit with-
drawal of funds from the Special Bank Account except by persons named in said
contract as authorized to incur and pay costs on behalf of the Contractor, but
shall not be responsible for the application of funds withdrawn from the account.
4. The Program Agent shall have a lien upon the credit balance in the Special
'Bank Account to secure the repayment of all advance or supplemental payments "made
to .the Contractor, which-lien shall be superior to any lien or claim of the Bank
with'respect to such account.
5. Upon receipt of written directions from the Program Agent or his duly
authorized representative, the Bank shall act thereon and shall be under no
liability to any party hereto for any action taken in accordance with such written
directions.
6. In the event of the service of any writ of attachment, levy, or execution,
or the commencement of garnishment proceedings with respect to the Special Bank
Account, the Bank will promptly notify the Program Agent.
7. Authorized representatives of the Program Agent shall have access to
the books and records maintained by the Bank with respect to such Special Bank
Account at all reasonable times and for all reasonable purposes, including, but
not limited to, the inspection or copying of such books and records and any and
all memoranda, checks, correspondence or documents appertaining thereto. Such
books and records shall be preserved by the Bank for a period of six (6) years
after the closing of this Special Bank Account.
' -50_
8. All moneys deposited in the Special Bank Account are public moneys subject
to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to take
all necessary measures to qualify with the Secretary of the Treasury as a
depository of public money and to deposit satisfactory security by the deposit
of United States bonds or otherwise, for the safekeeping and prompt payment of
the aforesaid public moneys as required by the regulation of the Secretary of
the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the last day of signing set forth below:
BANK USE
BANK COLLATERAL
BANK NAME
BANK COLLATERAL required, based
estimated maximum bank balance,
ing FDIC coverage of $40,000),
$ .
upon
'(exclud-
is
SIGNATURE
DATE
TYPE NAME
TITLE
CONTRACTOR USE
THE PROGRAM AGENT
CONTRACTOR'S NAME
United Services Organization, Inc. '
SIGNATURE
DATE
SIGNATURE
DATE
TYPE NAME
R. Marvin Townsend
TYPE NAME
Richard Beard
TITLE
City Manager
TITLE
Executive Director •
-51.7,
INSURANCE •REQUIREMENTS
Copy-of workmen's compensation policy
including persons covered or similar
type of insurance for same purpose.'
•
-52
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
infoxmatioh, the .following items of information are to be completed and submitted .
with the Contract. ' -
•
Name, Title, 5 Organization of Chief
Financial Officer .
Check if one has not been appointed
or designated_
2. Fill the Accounting System-be
directly maintained by you?
Li Yes Q No (If No, who will. . • .
maintain the account-
- . log system3 .. -
Name and Address • _ -
3. Are you Familiar with the Department of Labor Audit Requirements?
DYes D No
.4. Description of your Financial Accounting System (Indicate whether the system is"
manual or automated and describe how it will meet the record keeping, reporting,
and. accounting requirements of the Manpower Administration_) _- - -
•
USE CONTINUATION SHEET IF NECESSARY -
CERTIFICATION I certify that to the best of my knowledge and belief this report i
. correct and cov.olete
Name and Title of .Authorized Official
Telephone No_ and Area Code
Signature
Date of Execution
-53-
• d
•
1j• • V
Corpus Christi, Texas
:314 day of , 19 91
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 OF CORPUS CHRISTI, TEXAS
Tfie Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
13910