HomeMy WebLinkAbout15358 ORD - 02/13/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT
OPPORTUNITIES PILOT PROGRAM CONTRACT IN THE AMOUNT OF
$396,000 FOR 100 EMPLOYMENT OPPORTUNITIES PILOT PROGRAM
PARTICIPANTS, THE TERM OF THE CONTRACT TO BE EFFECTIVE
FROM MARCH 1, 1980 TO SEPTEMBER 30, 1980, AND THAT
$13,916 BE PROVIDED FROM THE GENERAL FUND RESERVE TO
COVER THE COST OF ADMINISTERING THE CITY'S PROGRAM,
THE CETA TITLE IID AND TITLE VI CITY ADMINISTRATION
CONTRACT BE REDUCED IN THE SAME AMOUNT, AND THE CITY'S
INDIRECT COST REIMBURSEMENT BE INCREASED IN THE SAME
AMOUNT, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS,
A SUBSTANTIAL COPY OF EACH OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B",
RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL RELATED AND NECESSARY DOCUMENTS TO CARRY OUT THE
PROGRAM AFORESAID; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute an
Employment Opportunities Pilot Program contract in the amount of $396,000
for 100 Employment Opportunities Pilot Program participants, the term of the
contract to be effective from March 1, 1980 to September 30, 1980, and that
$13,916 be provided from the General Fund Reserve to cover the cost of
administering the City's program, the CETA Title IID and Title VI City
Administration contract be reduced in the same amount, all as more fully
set forth in the contracts, a substantial copy of each of which is attached
hereto and made a part hereof, marked Exhibits "A" and "B", respectively.
SECTION 2. That the City Manager be authorized to execute all
related and necessary documents to carry out the program aforesaid.
SECTION 3. The necessity to authorize at the earliest practicable
date execution of the aforesaid contract and any related and necessary
documents to carry out the program aforesaid creates a public emergency and
an imperative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of its
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared that
such emergency and necessity exist, and having requested the suspension of
the Charter rule and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and
15358
•
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /3 day of
February, 1980.
ATTEST:
APPROVED: /3 DAY OF FEBRUARY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAi0R
THE CIP OF CORPUS CHRISTI, TEXAS
CONTRACT SIGNATURE SHEET
(PRIME SP
:Cost 1 Bend -Consortium
P.O. Box 9277
Corpus Christi, Texas 78408
CONTRACT NUMBER MODIFICATION NUMBER
CONTRACTOR: City of Corpus Christi
P.O. Box 9277
Corps Christi. Texas 78408
•
is eontrnct is entered into by the Administrative Unit of the Coastal Bend Consortium, here-
lnafter referred to as Prime Sponsor and City of Corpus Christi , hereinafter referred
to as Contractor.
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of _ pages, including this page,
and such other provisions, and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide'by all terms
specified herein and also certifies that the information in this Contract is correct to the
best of his knowledge and belief and this Contract has been fully authorized._ Funds hereby
being obligated are subject to the availability clause. '
A. CONTRACT PERIOD : This contract covers the period (date) from March 1, 1980 to
September 30, 1980
B. MODIFICATION : This action increases decreases does not change the Prime
Sponsor obligation for this contract by (this action) $ ' to (new level)
C. OBLIGATION :
TITLE
FISCAL YEAR
FY 80
FY
TOTAL
II -D EOPP
$ 396,000
$ 396,000
Total
$ 396,000
$ 396,000
APPROVED FOR TRE PRIME SPONSOR APPROVED FOR THE CONTRACTOR
DAY OF DAY OF
BY:
R. Marvin Townsend
City Manager
BY:
(Signature)
R. Marvin Townsend, City Manager
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED: /_
4AY OF
//` ( /Mir
City Attorney
APPP.OVED BY THE COASTAL BEND
CONSORTIUM EXECUTIVE COMMITTEE.
ON
(Signature)
Ent oymcnLOoportunllv Pilot Program
Emp:nymcnl Si Training Financial Operating Report
•ThOr ❑ ❑
nLull Nnml er.
11.S. Department of Labor
Sponsor Code Number ED==
Budget Type Q Program Period from March 1. 1,980 to September 30, 1980.
1. Original Dudgol
Menth Ending ❑ ❑ -,D - ❑ ❑
2. Modillcalion B Crani Sian Dane — - ❑ ❑
CUMULATIVE EXPENDITURES
PROGRAM ACTIVITY
Placement In
Work/Training
PublicServico
Employment
On -the -Job
Training
CIac::teem Wor
Trelnlnp Experlexce
Child Care
Services
I, PROGRAM MANAGEMENT
A. Personnel
1. S!.ol Salaries
2. Scat! Fringe [aur c!its
-0-
-0-
J Cc'I:ulldnlS
- 0-
SUotiVai
-0-
0. Other Than Personnel
1. Sla!I Travel
-0-
• 2. FIrctlas^d Srrrees 2. Subcon!rae!ars
-0-
2. Cc:IUn.:iv.3 SUnpbcs & Ma!eria!s .
-0-
'1 COu'pment Rema: R Purchase
S 14.n1d,rn fin!a' G V ilitaGnn
0, Clo ntunicaIion5
-0-
-0-
-0-
- 0-
-0-
11. PARTICIPANT COSTS
A. ParticipantWages
Et. Participant Fringe Benefits
C. Participant Allowances/Stipends
$ 366.179
29,821
t
I•.
–0
1 Incrmrcp Paynv.ni';
•
D. Participant Training Costs tTuilion, nr,;l .
E. Employer Reimbursements
.111. SUPPORTIVE SERVICES
-0
-0-
A.Childcare Ices
R. Tran;portalion IOes
SC:frits
fees
I'. Geer ;upuml`ar Berrien fres
Irl. 1n1AL C i:T•F::DITIIP1.S
$ 396,000
•
Goals of the Program
NARRATIVE
1) To provide e,.ployment opportunities for 100 eligible participants with emphasis
on individuals who are economically disadvantaged head of households by moving
them into entry level positions which are in demand and are compatible with
economic developments in the Coastal Bend area.
2) To assist the individuals in upgrading their job skills by establishing recent
meaningful and stable work history.
In addition, the program is designed to provide federal subsidized employees to
be utilized to upgrade existing services to the community or to establish new ones.
Results and Benefits
The specific benefits to be provided to individuals who are employed through this
program are:
1) Immediate earning of wages to initiate basic goal to become self-sufficient.
2) Renew sense of personal value arising from being gainfully employed.
3) Development of new careers and upgrading of. job seeking and job retention skills.
4) Assistance with personal and job related problems through counseling and referral
to appropriate supportive service agencies.
5) Placement or re-entry where appropriate into competitive labor market.
Approach
The City of Corpus Christi operates under a council-manager form of government.
The mayor is the presiding officer of the six member council which in turn de-
termines policy with the City Manager administering the operational affairs of
the City. Reporting to the City Manager are various department heads, whose
responsibilities are to oversee the variety of functions performed by the City
government. The Department of Personnel, being one of the aforementioned depart-
ments, is comprised of a number of operating units including CETA/Personnel, which
administers the City CETA Public Service Employment Program. It is in this opera-
tional unit where the Title II -D Equal Opportunities Pilot'Program is to be placed.
Administrative procedures as outlined by the Coastal Bend Consortium and the City
of Corpus Christi will be carried out. The Personnel Department, in conjunction
with GETA Administration and the office of Finance and Accounting,will maintain
internal administrative controls for the operation of the program. The internal
administrative controls are governed by the established policies and criteria of
the City of Corpus Christi as the administrative unit responsible for the adminis-
tration of the Equal Opportunities Pilot Program. The City of Cornus Christi. as
the administrative nnit, maintains its accounting records in accordance with the
principles and policies set forth by -the National Committee'on Governmental Account-
ing as well as general accepted accounting principles as promulgated by the American
Institute of Certified Public Accountants.
•
Personnel Policies and Procedures for the City of Corpus Christi;
All classified employees of the City of Corpus Christi are governed by the following:
1) Charter -City of Corpus Christi Article VI
2) Rules and Regulations of the Civil Service Hoard
3) Ordinance 3658 and its Amendments - Classification Plan
4) Ordinance 8127 and its Amendments - Compensation Plan
5) City of Corpus Christi Personnel Standard Instructions
ASSURANCES AND CERTIFICATIONS
General Assurances
•
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendments of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved by
the Coastal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management
Circular (FMC) 74-4 as those circulars relate to functions such as the utiliza-
tion of funds, operation of programs, and maintenance of records, books, accounts,
and other documents under the Act.
2. The applicant, in operating programs funded under the Act, further assures
that it will administer its programs under the Comprehensive Employment and
Training Plan in full compliance with safeguards against fraud and abuse as
set forth in the CETA amendments of 1978 and pursuant Federal regulations; that
no portion of its CETA program will in any way discriminate against, deny bene-
fits to, deny employment to or exclude from participation any persons on the
grounds of race, color, national origin, religion, age, sex, handicap, or poli-
tical affiliation or belief; that it will provide employment'and training services
to those most in need of them, including but not limited to, low-income persons,
'handicapped individuals, persons facing barriers to employment commonly experienced
by older workers, and persons of limited English-speaking ability.
•
3. In addition to the above requirements and consistent with the regulations
issued pursuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
notion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body; authorizing the filing of the application;
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L.
8S-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will immediately take any measures necessary
to effectuate this agreement.
c. It will comply with Title VI of the Civil Rights Act of 1964, (42 -USC
2000d) prohibiting employment discrimination where (1) the primary purpose of
a grant is to provide employment or (2) discriminatory employment practices
will result in unequal treatment of persons who are or should be benefiting
from the grant -aided activity.
d. It will comply with the requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (P.1. 91-646)
which provides for fair and equitable treatment of persons displaced as a re-
sult of Federal and Federally -assisted programs.
•
•
e. It will comply with the provisions of the Hatch Act which limit the
political activity of certain state and local government employees.
f. For grants, subgrants, contracts, and subcontracts in excess of $100,000,
or where the contracting officer has determined that orders under an indefinite
quantity contract or subcontract in any year will exceed $1000,000, or if a facil-
ity to be used has been the subject of a conviction under the Clean Air Act (42 USC
1857C-8 (c) (1)) or the Federal Water Pollution Control Act (33 USC 1319 (c)) and is
listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the
grantee assures that: (1) no facility to be utilized in the performance of the pro-
posed grant has been listed on the EPA list of Violating Facilities; (2) it will
notify the RA, prior to award, of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection Agency, indicating that
a facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities; and (3) it will include substantially this assurance,
including this third part, in every non-exempt subgrant, contract, or subcontract.
ASSURANCES AND CERTIFICATION
The applicant also certifies that the information in this
application is correct to the best of its knowledge and
belief and the filing of this application has been duly
authorized.
City of Corpus Christi
302 S. Shoreline
(Legal Name of Applicant) (Address)
R. Marvin Townsend, City Manager
(Signature of Authorized Officer) (Typed Name & Title of Authorized Officer)
Date of Application
SPECIAL CLAUSES
tiGES • •
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the
sureties, by written order designated or indicated to be a change order, make changes in
t;:e ;:urk within the general scope of this contract. in any one or more of the following:
('i 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
?rime 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/Suharentee 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 required for, the performance 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, however, That
no claim for any charge 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 speci-
fications.
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
,hent 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
amd 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
:::e cost of property made obsolete or excess as the result of a change is included in the
Cc.tractor's/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer
shall have•the right to prescribe the manner of dispositicn.of such property.
f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
..e allayed if asserted after final payment under this contract/subgrant.
g. Failure to agree on the teras of any equitable adjustment shall be a dispute
concerning a question of fact within the meaning of the clause of this contract entitled
"Disputes."
L.
h. Nothing in this clause shall excuse the Contractor'Subgrantee from proceeding
the contract/subgrant as changed by the Prit:e Sponsor's Contracting Officer in
-ting, either by (ii issuance of a written change crSer as described in (a) a;ove, or
=n e
cf a written confirmation b•: the Prime S.;crostr's Contracting Officer of
notice required of the Contractor/Subgrantee _: (b) above, resulting from an
c_der by the Prima Spcnsor's Contracting Officer.
is the policy of the Executive Branchmof the Government that (a) contractor.
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 qualifi-
cation, retirement plan, or statutory requirement, and (b) that contractors and sub-
contractors, or persons acting on their behalf, shall not specify, in solicitations or
advertisements for employees to work on Government contracts, a maximum age limit for such
employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan, or statutory requirement.
3. CHILD LABOR
No trainee or enrollee tmder•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 accor-
dance with the limitations imposed by 29 CFR Part 1500, Subpart C.
4. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color,. religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants 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 termination; rates of pay other forms of compensation; and selection for train-
ing, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
(3) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement cr other contract or understanding, a
notice to be provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
,laces available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246'of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
31 Labor.
(5) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books. records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) Ir. the event of the contractor's noncompliance with the nondiscrimination clause
r_ this ccztract cr with any of such rules, regulations, cr orders, this contract nay be
L_i;ccltd. :erninatec or suspended in whole or in part and the contractor may be declared
for further Government contracts in accordance with procedures authorized in
_..c=uti•,e Order 11246 of Septeaber 24, 1965, and such other sanctions nay be imposed and
-:-...._es invoked as provided in Executive Order 11246 of September 24. 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
1/.11441 01 LAIIUII • L,., piovs.,c r,l and 'I ral„In7 A4,,,:,,,,,, amp.
nun cET INFORMATION SUMMARY
C0NT IIACT KEY
11
oL
MOD. DATE
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w'a`y MM OD VS,
171-1-3114 115 16 17 10 1911./ 21177173 2.175:6.:7 2017^ 30
A• CO'.orRACTOR' S NAME AND ADD1:::SS
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
ATCGGISIES
Ann. nr al rl •I, 1n -n,4•.5
CONTRACT :,UMBER — —
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ESTIMATED FEOEnAL uNC%FENUCo FUNDS,
NEW On OEVtSED FE•DC!tAl. 01.1130E7 L TOTAL.
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1,
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e53
O.,- 1''
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4r t,7
IA•. Inn,. 1577'1
•
,.. a 7r!r.77.77'.... r ,71.777.7,71.1777 :771T1 ",1n::1177.1.17�11';z ,-,:,-n.•"1(R
1•
EOPP PROGRAN.PL1\_:ING StJ ,kt RY ,
•
CONTRACTOR'S NAM AND ADDRESS City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas
OF FROGR.AM
OF GRANT
Public Service Empll9Yment II -D EOPP
97
9
1
1 e
•
i..
i
FISCAL YEAR QUARTERS
PPOGR!•N PLA; Cumulative to Date)
---.'.TION AND TERMINATION SL'?^!A Y
9/30/79
12/31/79
3/31/80
6/30/90
9/37/80
:JrAL PARTICIPANTS
50
115
Participants this Year
50
115
130
— a. New Participants
50
115
3_.
0
b. Transfers from other Titles/
Parts
-0
-
--0
2. Participants Carried Over
0
0
0'
_3=AL TERMINATIONS
0
15
130
1. Entered Employment
0
-0
8
0
50
0
a. Direct Placements
b. Direct Obtained Employment
0•
0
0
0
2
6
0
$_
42
c. Indirect Placements
d. Indirect Obtained Employment
2. Transfers to Other Titles%Parts
0
10
3. Additional Positive Terminations
10
r. Other Terminations
0
6
60
C:RRENT PARTICIPANTS (End -of -Qtr.)
Tot.
Cur.
Tot.
Cu..
50
Tot,( Cur.
100
FTot,
Cur.
Tot.
0
Cur.
Cur.
?•PTICIPATION IN PROGRAM ACTIVITIES
A. CLASSROOM TRAINI:•+G (OCC. SKILLS
3. CLASSROOM TRAINING (OTEER)
C. ON-THE-JOB TRAINING
J. INTENSIVE JOB SEARCH ASSISTANCE
ONLY
E. XORK EXPERIENCE - OTHER
F. PUBLIC SERVICE EMPLOYMENT
50
50
115
100
130
0
.. SERVICES ONLY
-= ACTIVITIES
::::IFICANT SEGMENTS
7.
F.
Indicate other activities or special program oa attacnneot5
Describe their objectives and list milestones toward their
acheive ent in a
9/30/79 112/31/79
3/31/80
6/30/80
9/30/80
•OMa A7P'o..t tin..44-R1655
w
U.S. DEPARTMENT OF LACOR
Emy:uyn•nt and Training Administration
CETA MONTHLY SCHEDULE
'.CONTRACT NUMBER
b. TYOt OF P{tGGaA+n 1••X• -or el
di 11 -0 EOPP o vi
0 .`.o••rlal Grant to Governs's
c• CONTRACTOR'S NAME AND ADDRESS
City of Corpus Christi
P.O. Box 92770
Corpus Christi, Texas 78408
aDK ,teelUNw:_is.• ,ICE 1,, Or.t_Y !_.•J
CONTRACT KEY
au
BNon -Pro ject
,� a• X
; o 0
.a
P..;
Ui'
-
36
7111 1
I T t• 1
1 1
[
t.I
4 5
6 7
6 9
10'11121 3114115
:6117114191 24 22
.r
EN.I OF MONTH
111: PRO.18TED
CUMUI- aloe
EXPENotTV•-3..','.S
.8Y MO1'::•1
1. MONTH
11 PLANNED CURRENT ENROLLMENT
A. Protect
BNon -Pro ject
22
i 1;1 1Y 1 Y
25 31
• .
36
7111 1
1 121 1
0111 1
0 121 1
o 1 3 18 10
50
$ 30,000
a 1418 10
100
- 91,000
o 1 s 18.10
100
152,000
0 6 18 10
•
100
213,000
0 1 18 10
100
274,000
0 1 8 18 10
100
335,000
0 1 o L8 10
0
$ 396,000
1 1 1
1 1 1
1 1 1
1 1 1
1 1 1
. ...
_ ....e.
.r
ll. 3. 1'1,.l'A IL II•I C111' I)I+ I.AI'Ult ' Employment am! 1 relnlnj, AJudn1511011m,
P S E OCCUPATIONAL SUMMARY
UAW:. Al10 Amur,,, or CONTRACTOR:
City of Corpus Christi
P.O. Box 9277
1
J. TYPE OF I•nun RAM ("X"aPPrvnr late boxreep
I. MI II • o EOPP b, p VI c. CI SPncl,l rlavernnr'r
d.0 Omer (SPre1fY7
•
4. rllbn nAM AOENT, CAIPLOYIrIb
AGENCY AND POSITION TI(LE
NO. OF JOSS
,
cOMPA nAOLE
WAG •
Annua6I
ANtlUALIZ CO
OCTA WAGE
r1or1•crTA
. sUrPLChI En TATI Orr'
OF )YAOC/SALI�nY
rensONYCAn5
OF
CMPLOYIa ErfT
MANTIC()
1O1AL
Ar1tIVAl.ITCO
l'lAOLS
_,. _—=
.�n� ._ .. _ —_
lot
(C)
101
in
IP
(c)
Crew Worker
Guard
Custodian
Trainee
' .
•
45
4
4
47
$ 7,154
7,154
7,154
6,582
$ 7,154
7,154
7,154
6,582
0•
0
0
0
23.5
2.3
2.3
26.0
$ 321,930
28,616
28,616,
309.354
o. TOTAL ,.—
a--
100
$ 688,516
Name of Contractor:
City of Corpus Christi
Service or Activity:
Fiscal Year
Contract No..
• Modification No.
PSE BUDGET SUMMARY SHEET
Title II -D
80
Public Service Employment - EOPP
APPROVED BUDGET REVISED
Cost Category BUDGET CHANGES BUDGET
(+ or -)
1. Wages $366,179 $ $
2. Fringe Benefits $ 29,821 $ $
3. Training $ -0- $ $
4. Services $ -0- $ $
TOTAL
$ 396,000
• APPROVED . BUDGET REVI
BUDGET CHANGES BUDG
• (+ or —)
1. WAGES
A. PSE
$ 3.369 /hr. X 1040 hrs./participant X
20 participants = $ ' 70,075 $ $
$ 3.508 /hr. X 173.3 hrs./participant X
20 . participants = $ 12,159 $ $
B. PSE
$ 3.10 /hr. X 1040 hrs./participant X
30 participants = $ 96,720 $ $
$ 3.23 /hr. X 1040 hrs./participant X
30 participants = $ . 16,793 $ $
C. PSE
$ 3.369 /hr. X 1040 hrs./participant X
33 participants = $ 115,624 $ $
$ /hr. X hrs./participant X
participants = $ $ $
D. PSE
$ 3.10 /hr. X 1040 hrs./participant X
17 participants = $ 54,808 $ $
$ /hr. X hrs./participant X
participants = $ $ $
SUBTOTAL $ 366,179 $ $
2. FRINGE BENEFITS
A. FICA $ 22,447 $
B. Workmen's Compensation
(Or Equivalent Accident Insurance) 7,374
SUBTOTAL $ 29,821 $ $
3. TRAINING
A. Staff Salaries $ $ $
B. Fringe Benefits (Staff)
FICA
3. TRAIL{ING (cont'd)
Workmen's Compensation
Unemployment Insurance
Health & Life Insurance
Other (Specify)
Other (Specify)
C. Rent $
D. Utilities $
E. Custodial Services $
F. Major Equipment (Attach List)
G. Minor Equipment (Attach List)
H. Equipment Maintenance
I. Training Materials (Attach List)
J. Tuition
K. Books & Supplies
L. Participant Tools & Uniforms (Attach List)
M. Other (Specify)
N. Other (Specify)
0. Other (Specify)
APPROVED 'INDSET. SED
BUDGET CHANGES 3ET
(+ or -)
$
Subtotal $ -0- $ $
4. Services
A. Staff Salaries $ $ $
B. Fringe Benefits (Staff):
FICA
Workmen's Compensation
Unemployment Insurance
Health & Life Insurance
Other (Specify)
Other (Specify)
•
4. Services (cont'd)
C. Staff Travel
D. Rent $
E. Utilities $
F. Custodial Services. $
G. Telephone
H. Postage
I. Reproduction Costs
J. Major Equipment (Attach List)
K. Minor Equipment (Attach List)
L. Equipment Maintenance
M. Participant Travel
N. Health Care/Medical Services
0. Child Care
P. Residential Support
Q. Other (Specify)
R. Other (Specify)
APPROVED BUDBET
BUDGET CHAUGES
(+ or -)
ED
T
Subtotal $ -0- $ $
Contract Total $ 396,000 $
3AL.ARY P=IT
YO)ITIcI. TlTLe • •
- IoP
Total 'Hours -lye.
I -n All•Titles To
TOTAL
F.KOd T
Crew Worker
(12) '
584
3.369
104Q
tan
$ 42,045
Crew Worker
(12) •
608
3.508
' - :'d73.3
100
7,295
Guard
( 4)
584
3.369
1040
100
14,015
Guard.
( 4).
608
3.508
173,3
100
2,432
'Custodian
( 4)
584
3.369
1040
100
14,015
Custodian
( 4)
608
3.508
173:3
100
2,432
Trainee' '
(30)'
537
3.10
1040 - .
100
' 96,720
Trainee
(30)
560
3.230
173.3
100
16,793
Crew Worker - '
(33)
584
3:369
1040' • .
100
115,624
Trainee'
(17)
537
3.10
1040
100
54,808
I
,
— -- i
Cost Category:
Wages_
To:AL Yarticipante-
-PROJrcoup. 100
-To=�Ls
$ 366,179
* 1•Sonthly salary i 12=2080 hours = Wage per hour
**'Carry calculation out to third decimal place.
•
P.EIIT
sgUARE
FZeT
Al " E
FT./NO.
YO. IN
USINSno.sTArt
• U5=
TOTAL
/. NOLLY-
e.Sta.'17 NIA
•
Trainee
DEPARTMENT: Any
CHARACTERISTICS OF THE CLASS: Assists in filing, typing, greeting the public,
Xeroxing, collating, organizing recreational activities, and other assigned duties.
DETAILS OF DUTIES: Under immediate supervision, performs specific tasks delegated
by supervisor and provides general staff support
MINIMUM QUALIFICATIONS: Eighth grade education. Previous experience may be sub-
stituted for educational requirements.
TITLE: Crew Worker
DEPARTMENT: Any
SALARY SCHEDULE: A
CHARACTERISTICS OF THE CLASS: Under immediate or general supervision, performs
specific labor tasks as a member of a crew or to achieve a coordinated coopera-
tive result.
DETAILS OF DUTIES: 1) Participates as an integral member of a coordinated team
in making water, sewer, and gas taps and related activities requiring crew par-
ticipation. 2) Performs as a member of a coordinated team in other activities
such as the Park Division to achieve completion of assigned tasks required by a
group or team effort. 3) Works with skilled and semi -skilled craftsmen as a
crew member in completing assigned tasks.
MINIMUM QUALIFICATIONS: Eighth grade education and some experience in common
labor work. Previous experience in the division or a related field may be
substituted for educational requirements. Probationary period will be used to
justify substitution of experience for education requirement.
Must possess ability to work as a team member and exhibit exceptional ability to
perform assigned team tasks which include knowledge of use of common tools. Must
be able to follow oral instruction with ease and interpret individual responsibility
as a member of a crew.
TITLE: Custodial Worker
DEPARTMENT: Any
CHARACTERISTICS OF THE CLASS: Under supervision, performs cleaning work in a public
building and does minor building maintenance tasks as required; has responsibility
for maintenance of grounds when this work is required; and does related work as required.
DETAILS OF DUTIES: Sweeps, scrubs, and mops; dusts and polishes furniture and metal
work; washes woodwork; washes windows; cleans restrooms and fixtures; gathers and
disposes of refuse. Operates vacuum cleaner; waxes floors; tends heating units. Sets
up rooms for conferences, arranging furniture and checking ventilation and temperature
condition. Does responsible yard maintenance work when required, including the care
of lawns, trimming of shrubbery, planting of grass and shrubbery. May drive a tractor -
mower in caring for lawns and operate a vehicle to go from one city building to another.
Tends flower gardens and plants and transplants flowers. Does minor maintenance and
painting work, and minor building repairs such as replacing broken windows; adjustments
to furniture and other building equipment.
• •
MINIMUM QULAIFICATIONS: Completion of 8 years education and good knowledge of
building and ground maintenance requirements, methods, supplies, and equipment.
Skill in handling ordinary cleaning tools and equipment; physical strength; and
some initiative.
TITLE: • Guard
DEPARTMENT:
CIIARACTERISTICS OF THE CLASS: Under general supervision, patrols the inside and .
outside of buildings and/or grounds on city property watching for prowlers, fires,
vandalism, or other danger or damage involving loss to public property; and does
related work as required.
DETAILS OF DUTIES: Patrols inside building and outside grounds to guard against .
fire and trespass. Checks windows and doors to see that they are closed; turns
lights on and off as required. Makes reports of accidents and incidents. Gives
information to visitors and answers the telephone. Makes inspections for irre-
gularities. Checks air-conditioning motors and other mechanical equipment. May
ba required to bear sidearms with instructions to use in emergencies for self-
protection.
MINIMUM QUALIFICATIONS: Eighth grade education and preferably some experience in
watching and safeguarding property; ability to answer telephone and give routine
information. Alertness; keen perception; and exceptional ability to deal effectively
with people in difficult circumstances.
CONTRACT SIGNATURE SHEET
PRIME SPONSOR:
o$sta1 B5997Consortium
o s iristi e 78408
CONTRACT NUMBER MODIFICATION NU3E»
163-8650
2
CONTRACTOR:iUy f s Christi
?.. 130X 91I -
• Corpus Christi. Texas 78408_
rhis contract is entered into by the Administrative Unit of the Coastal Bend Consortium, here-
inafter referred to as Prime -Sponsor and City Of Corpus Christi , hereinaEter referred
to as Contractor.
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 7 pages, including this page,
and such other provisions. and documents as are included herein. •
The Contractor hereby agrees that he has read this Contract and will abide•by.all terms
specified herein and also certifies that the information in this Contract is correct to the
'best of his knowledge and belief and this Contract has been fully authorized. Funds hereby
being obligated are subject to the availability clause..
A. CONTRACT PERIOD : This contract covers the period (date) from October 1, 1979 to •
March 31, 1980
•
B. MODIFICATION : This action increases decreases _ does not change _ _ the Prime
Sponsor -obligation for this contract by (this action) $ to (new level)
C. 0&.IGATION
TITLE
FISCAL YEAR
TOTAL -
FY 80
FY
FY •
Administration
$ 82,213
$ 82,213 -
Total
$ 82,213$
82,213
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
(Prime Sponsor Use Only)
APPROVED:
DAY OF
•
Director of Finance
ATTEST:
City Secretary
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature)
R. Marvin Townsend, City Manager
Name and Title
BY THE COASTAL BEND-
CONSORTIU`i EXECUTIVE COMMITTEE
ON 14iAoe mob. —Nor g iEW
•
'
(Si.gnaCure)
ADMINISTRATION
' Modification Intent
Contract Number 163-8650
Modification Number 2
GENERAL INTENT
To modify the City of Corpus Christi's Public Service,Employment Administration
contract by reducing staff salaries, Line Item "A", by $11,885, and fringe benefits,
Line Item "B", by $2,031 and increasing indirect cost recovery, Line Item "U",.by
$13,916. The authorized contract level remains at $82,213 and the contract period
remains from October. 1, 1979 to March 31, 1980.
MODIFICATION
1. Page 1, Contract Signature Sheet, of this modification replaces Page 1,
Contract Signature Sheet of Contract Modification 01. -
2. Page 3, Budget Information Summary, of this modification replaces Page 4.
Budget Information Summary, of Contract Modification 01.
3. Pages 4-7, Budget Summary Sheets, of this modification replace Pages 6-9,
Budget Summary Sheets, of Contract Modification 01.
4. The CETA Monthly Schedule and the Narrative for administration submitted
with Modification 01 do not change.
2
U... ULI'AII I MLN IUF LAUUII • Lh'pIgY11'r1,1 +4d 1'ra0llnq A4Inloblralloo
nhl GET INI*011MATION $UMMAIIY
co;Tnncl KEY
1C
..T t1
hI_"
>•
t
101 11 1711311.1115
MOO. DATE
MM D0 yVY
71177123 74 1-,,,,71.; 31;
A. 0RANTL••E'G NAML AND ADDRESS
City of Corpus Christi'
P..0. Box 9277
Corpus Christi, Texas 78408
014t1 APnrn.al Ibi. 114 -n 1455
II. OIIAN r NU1Al11.11
163-8650
C. TYrC UP VnoulAM (•'.t'".•0r(
O R . 0,0 Ci vi
O u•13 r�vn
O 111 .•...•.."•«1 01111r
Div 9m{.0.+
P.' CU AULATIVE OUAt%TEIILY rn0 ECTIONS OF DOLIOATIONS AND EXPENDITURES (For Charter Irndln11
ESTIMATED rE0611AL UNEXPENDED rUNOS
- • NEW On nevtsEO rEDE1UL, nuoacr '
I. TOTAL
+• GRAN', pR00 RAIA
FUNCI10N 0R ACTIVITY
b. Tolal
t• YETI. In•Sehnnl
4. Total -
•o. YETI. In•School
"'.'II
1
G
2' J
2
70
4,
$ 1 42
l 7!''
'.
]
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1S
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Y'�•'�,�,p
11
4/}••A;12.717'
f�,j.t .
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"•�,VR..1 i . a 1 drq, 1
1A's, Y( 1y jji
ell '�.•1:4'(i
{y�•
r. a�1
,
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'{ 711
, ��f�lr , r'
�1,t 1},1�, 71.
'r.tn p L' '
•
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J
' JJ 1
44
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il1r,1' 7'{a
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1' r l�{(.�{ .1(n, 1'1171 i11 I•'.p
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'� {L ''!'1F'1'Ji 7i r
Ph
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`
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4't
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1Q71
SJ
3It3
.rr' `at
0.R.d „f'1' ,if 11i.
/'•
IVa 41
n •1L'
I If aa1
5' t'r
"Y'
1 '�1 • d
•
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i.. L.[ :�� �4t;i9I 1111.
ll)I.�
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1
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1
M1K
t1r'1141sa1 i,i,
I. •;.•
rrlr4a UcnaRll
IR lj"i la
y��lt 1�'�1
:(� }'1 �t7f}1{ 4 :ygil:
�
.�1.
:�p��
i'�j '6.
,�
n7
G
,+a
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123.319
71
s 2c
1 1.L'e+ ,.t; i
`` IJ�i`� ��'
Wn.Y SII. Suprr.400,1
frtl�fg
1 { Y 5 }1'1'
1
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, [ 8•�I 17� {it1 J I(
Ta
11
_ _
D
4
7n
' 1(�tS }�S �•,�u16
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llllSLP} ,19t�:of ;tt� S ,Ii• �'
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Y �t'}4 y�4'11y.S tpltyyj'
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.r'a i. • 1'1, :,. :.. in�
{ , •�,Dr •i ;31 .p�'Il
Toms
1 2
G
T 26
1 -
35
-
44 03
'. $ 164,426 • -
52
$ 164,426.'
P.' CU AULATIVE OUAt%TEIILY rn0 ECTIONS OF DOLIOATIONS AND EXPENDITURES (For Charter Irndln11
�21
i
2.
7]
2•I 2
'
15 './.
"'.'II
77
23 24
25
+p IV 21
27 ii
to
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s 2c
164.426
24
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'41, Ni?It15
4 06
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35
$ 82.213
T1.,l
35
123,319
M1
164.426'•
y{11
q 44'
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BUDGET SU•IMARY SHEET
Title 'Administration.
Name of Contractor:
City of Corpus Christi
tiscai Year 80
Contract No. 163-8650
!codification No. 2
Service or Activity:
Administration
Cost -Category
1. Administration
APPROVED BUDGET REVISED
BUDGET CHANGES BUDGET
{a or -)
$ 164,426 1 -0- $ 164,426
1. . •wances $ $ $
2. Wages $ $ $
3. Fringe Benefits $ $ $
4. Training $ $
$
5. Work Site Supervision
6. Services.
TOTAL
4
$ $ $
$ 164,426 $ $ 164,426
1. ADMINISTRATION
APPROVED BUDGET REVISED
BUDGET CHANGES BUDGET
(+ or -)
A. Staff Salaries $ 92,435 $( 11,885) $ 80.550
B. Fringe Benefits (Staff) :.
FICA 5,666 ( 726) 4,940
Workmen's Compensation 1,800 ( 238) 1,562
Unemployment Insurance -0- -0- -0-
Health & Life Insurance 3,500 ( 206) 3,294
Retirement Benefits 7.,164 ( 861) - 6,303
Other (Specify) - ' -0- . Cl---0-
Other (Specify) -0- -0- -0-
C. Travel (In Consortium) . 1,120 -0- 1,120
D. Travel Expenses (Out of Consortium) 1,620 -0- 1,620
E. Staff Training 1,500 • -0- 1,500
F. Bonding -0- -0-
G. Rent - $6 500
H. Utilities $ 6,500 -0- 6,500
I. .Custodial Services $
J. Telephone 1,500 -0- 1,500
K. Postage 900 -0- 900
L. Reproduction Costs 9,600 -0- • 9,600
M. Office Supplies 2,200 -0- 2,200
N. Major Equipment (Attach List) =0- -0- -0-
0. Minor Equipment (Attach List)* 750 -0- 750
P. Equipment Maintenance 800 800
Q. Publications -0- -0- -0-
R. Accounting System 1,500 1,500
S. Management Information System (Explain) -07 -0- -0-
.T. Program Evaluation (Explain) -0- -0- -0-
5
U. Indirect Costs
V. Other (Specify) Data Processing
U. Other (Specify) Materials - Special Projects 10,000 -0- 10,000
X. Other (Specify) Printing & Advertising
APPROVED_ BUDGET REVISED
BUDGET CHANGES BUDGET
(+ or -)
$ 11,721 $ 13,916 $ 25,637
750 -0- 750
Subtotal
3,400 -0- 3,400
$ 164,426 $ -0- $ 164,426
This space provided for comments on any of above items:
*0. 1. Storage Cabinet (2)
2. File Cabinet (2)
3.- Chairs •
4. Calculator
5. Easel
6
•
_
�,.LAI1Y Y�1f
• -
Total'Hours
In All -Titles
T. OP
Y1•+L
"P".
7orw_
4"°''::o
PO117101. TITLC . -
•
til.
*0:tou-.
IProjeet Director . .
1,940.
11.192
.32
1755•
100% $ 19.642
Administrative Asst. II
1,447
8.348
•
7.738-6
40.18%
5,832
Administrative Asst. II
1,447
8.348
2080
50%
8,682
Administrative Asst. I •
1,189
6.860
1755.-
70.38%
8,473
Paint. Mechanic Foreman
977
5.637
1560
25%
2,931
Pe-rsonnel Technician II
844
4.869
'1738.96 .
100%
•8,467
Sr. Clerk -Stenographer I
804'
4.638
1754.85 -
100%
-8;139 -
Sr. Clerk Typist -
766
4.419
2080 •
1001
9.192 -
ISr. Clerk Typist•_ -
766
4.419 •
2080•' .
100%
9,192
•
Lost Category:
Administration
50-�LSTA Pr THIS •
sROJlco5la.
-
,
;oTAts--�-
$ 80,550
3 23onthly salary .x 1242080 hours o Vega per hour
x* Carry calculation- out to third decimal place.
•
PEI1T
SOIARE
FCC'
AA-UE/50.
FT.1180.
,1O. IN
US-•
NO.STAFF
U11N^.
'S
-USE
-• TOTAL
AMOO:IT
e. xENT..
.. — ••--
1664
.32
12 •
100
$6,389.76
1
%:,
:�--
7 .
Corpus Christi, Te as
11' day of 19 Ye9
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
HE CITY *F CORPUS CHRISTI, TEXAS
The Charter rule was suspend d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
15358
•
e contractor will include the provisions of para�.raphs (1) through (7) in
ever) ontract or purchase order unless exempted by rules, regulations, or orders
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
v.ndcr. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
5. TRAINEE OR ENROLLEE WAGES
• The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under the Fair Labor_Standarda 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 m+"{mi'm rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. TEF_*ZNATION 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 performance 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
b; disciplinary and grievance procedures approved by the Contracting Officer or his duly
authorized representative: 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, shall govern.
7. TERM:NATION
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) Whenever the Contractor/Subgrantee shall default in performance of this
contract/subgrant in accordance with its terms (including in the term "default" any
such failure by the Contractor/Subgrantee to make progress in the prosecution of the work
hereunder as endangers such performance), and shall fail to cure such default within a
period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may
allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying
the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall
determine. that such termination is in the best interest of the Prime Sponsor.
Any such termination shall be eifected 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 extend to which
performance of work under the contract/subgrant is terminated, and the date upon which
such termination becomes effective. If, after notice of termination of this contract/
subgranr for default, under (1) above, it is determined for any reason that the Contractor/
St gran=ee was not in default pursuant to (1), or that the Contractor's/Subgtantee's
fr.i__re to perform or to make progress in performance is due to causes beyond the control
_::.c::t the fault cr negligence cf the Contractor/Subgrantee pursuant to the provi-
___... clause cf this contract/subgrant relating to excusable delays, the Notice of
.7cr...'_na:ion shall be deemed to have been issued under (2) above, and the rights and
c:'__.^a:-'ns of the parties hereto shall in such evert be governed accordingly.
receigt of a Notice of Terrir.aticn and s:cert as otherkise directed by the
Prime Epcnsor's Contracting Officer, the Contractor/Subgrantee shall:
Stop work under the contract/snbgrant,on the datn'nnd to the extent specif.
in th tics of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portior of the work under the contract/
__ant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
?'rforeance of work tersinated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
Price Sponsor's Contracting Officer, all of the right, title and interest of the
Contractor/Subgrantee under the orders or subcontracts so terminated in which case the
Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
(5) With the approval or ratification of the.Prime Sponsor's Contracting Officer,
to. the extent he may require, which approval or ratification shall be final and conclusive
for all purposes of this clause, settle all outstanding liabilities and all claims arising
out of such termination of orders and subcontracts, the cost of which would be reimbursable
in whole or in part, in accordance with the provisions of this contract/subgrant.
(6) Transfer title to the Prime Sponsor (to the extent that title has not already
been transferred) and deliver in the manner, at the times, and to the extent directed by
the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination; (ii)
the completed or partially completed plans, drawings, information, and other property which,
if the contract/subgrant had been completed, would be required to be furnished to the
Prime Sponsor, 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.
(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/
Subgrantee (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
-r:ceeds of any such transfer er disposition shall be applied in reduction of any payments
to be rade by the Prime Sponsor to the Contractor/Subgrantee under this contract/subgrant
or shall otherwise be credited to the price or cost of the work covered by this contract/
s.. gra=t er paid in such other manner as the Prime Sponsor's Contracting Officermaydirect;
(8) Complete performance of such part of the work as shall not have been terminated
by the Notice of Termination; and
(9) Take such action as may be necessary, or as the Prime Sponsor's Contracting
Officer may direct, for the protection and preservation of the property related to this
contract/subgrant which is in the possession of the Contractor/Subgrantee and in which
the Prime Sponsor has or may acquire an interest. - -
The Contractor/Subgrantee shall proceed immediately 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
Fegu1aticns (41 CFR 1-8.1), as the definition nay be amended from time to time, the
Ccntrcctcr/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
vict:sly disposed of, exclusive of items the disposition of which bas been directed
- .._t?:prized by the Prise Sponsor's Contracting Officer, and may request the Prime
=c- tC, remove such items or enter into a storage agreement covering them. Not later
_-. teen (15) days thereafter, the Prime Sponsor will accept such items and remove
cr enter into a storage agreement covering the sane: Provided, That the list submitted
_.-_:. be subject to verification by the trine Sponsor's Contracting Officer upon removal of
-: i=c:lsVif the items are stored, within forty-five ('5) days from the date of eub-
-.ssicn cf the list, and any necessary adjustment to correct the list as submitted shall be
:__c prior to final settlement.
41
recpt of a Notice of Terination, the Contractor/Sugrante shall sub
o t•fte
iie Sponsor's Contracting Officer his termination c]aim•in the form and with
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall e
tcb fitted promptly but in no event later than one year from the effective date of tera-
t_ration, unless one or more extensions in writing are granted by the Prime Sponsor's
Contracting Officer upon request of the Contractor/Subgrantee made in writing within
such one-year period or authorized extension therefo. However, if the Prime Sponsor's
Contracting Officer determines that the facts justify such action, he may receive and
act upon any such termination claim at any time after such one-year period of any extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim with-
in the tine' allowed, the Prime Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/subgrant, determine, on the basis of information available to him, the amount,
if any, due to the Contractor/Subgrantee by reason for the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined.
d. Subject to the provisions of paragraph (c), and subject to any review required
by the contracting agency's procedures in effect as of the date of execution of this
contract/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 Coatrector/Subgrantee by reason of the total or partial
termination 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/Subgrant and the Prime Sponsor's
Contracting Officer to agree in whole or in part, as provided 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 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 pay to the
Contractor/Subgrantee the amount determined as follows:
(1) If the settlenent includes cost and fee - -
(1) 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 tine thereafter
with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided,
..crever, That the Contractor/Subgrantee shall proceed as rapidly as practicable to
discontinue such costs;
.(ii) There shall be included therein so far as not included under (i) above,
_ye cost of settling and paying claims arising out of the termination of work under sub-
c:ntracts or orders, as provided in paragraph (b) (5) above, which are properly charge-
.'le to the terminated portion of the contract/subgrant;
(iii) There shall be included in the reasonable costs of settlement, including
:counting, 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,
t.:fathe- with reasonable storage, transportation, and other costs incurred in connection
:!it. Cr.: protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/Subgrantee there shall not be included
_ :=t,.. s for the preparation of the Contractor's/Subgrantee's settlement proposal; and
(iv) There shall be included therein a pettier. of the fee payable under the
,,.._._./_ebgrant determined as follows:
(A) Ir. the event of the terminatio- of this contract/subgrant for the
._-.:...:_:._c cf the Pr_ne Sponsor and not for the default of the Contractor/Subgrantee,
'_ be pail a percentage of the fee eguiv_..ent to the percentage of the cos,
;:leticr. cf %cork contemplated by the contract/subgrant, less fee payments previously made
:._r:....... ; or
(B) In the event of the termination of this c'ntract/subgrant for th atiltContractor/Subgrantee, the total' fee payable shall be such proportionate p f
ee (or, if this contract/subgrant calls for articles of different types, of sue part
of the fee as is reasonably allocable to the type of article under consideration) as the
tc:a1 number, of articles delivered to and accepted by the Prime Sponsor bears to the total
:.:11:er of articles of a like kind called for by this contract/subgrant.
If the amount determined under this subparagraph (1) is less than the
total payment, theretofore made to the Contractor/Subgrantee, the Contractor/Subgrantee
shall repay to the Prime Sponsor the excess amount.
(2) If the settlement includes only the fee, the amount thereof will be determined
in accordance with subparagraph (1) (iv), above.
• f. The Contractor/Subgrantee shall have the right of appeal, under the clause of this
contract/subgrant entitled "Disputes," from any determination made by the Prime Sponsor's
Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor/
Subgrantee has failed to submit his claim within the time provided in paragraph (c) above
and has failed to request extension of such time, he shall have no such right of appeal.
In any case where the Prime Sponsor's Contracting Officer has made a determination of the
amount due under paragraph .(c) or (e) above, the Prime Sponsor shall pay to the Contractor/
Subgrantee the following: (1) if there is no right of appeal hereunder or if no timely
appeal has 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
shay_ be deducted (1) all unliquidated advance or other payments theretofore made to the
Contractor/Subgrantee, applicable to the terminated portion of this contract/subgrant, (2)
any claim which the Prime Sponsor may have against the Contractor/Subgrantee in connection
with this contract/subgrant, 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
pursuant to the provisions of this clause and not otherwise received by or credited to the
Prime Sponsor.
h. In the event of a partial termination, the portion of the fee which is payable
with respect to the stork under the continued portion of the 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
cCtract/subgrant.
i, The Prime Sponsor may from tine to time, under such terms and conditions as it
may prescribe, make partial payments and payments on•eccount against costs incurred by
the Contractor/Subgrantee in connection with the terminated portion of the contract/
e::grant 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 s.'ill be
':titled hereunder. If the total of such payments is in excess of the amount finally
ec:ermined 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 annum, for the period from the date such excess payment is received by the
Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor:
?rovided, however, That no interest shall be charged with respect to any such excess
.ayme:.: 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
C'cr-r- - Officer Sy reason of the circumstances.
';) The provisions of this clause relating to the fee shall be inapplicable if
this ,:cntrsct/subgrant does not provide for payment of a fee.
7_1..A1 ATION FOR CONVENIENCE
provisions set forth in- this clause 9b shall got¢ rn in lieu of clause 9a s
th tract/subgrant be for experimental devhlcpmental or research work and the
Contractor/Subgrantee is en educational institution or other nonprofit institution o d
no -fee or no -profit basis.
a. The performance of work under this contract/subgrant may be terminated, in whole
or' iron time to time in part by the Prime Sponsor whenever for any reason the Prime
Sponsor's Contracting Officer shall determine that such termination is in the best interest
of the Prime Sponsor. Termination of work hereunder shall be effected by delivery to the
Contractor/Subgrantee of a Notice of Termination specifying the extent to which perfor-
mance of work under the contract/subgrant is terminated and the date upon which such term-
ination becomes effective.
b. After receipt of the Notice of Termination 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 the cancellation or diversion of his outstanding
commitments covering personal services and extending beyond the date of such termination
to the extent that they relate to the performance of any work terminated by the notice.
With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle
all outstanding liabilities and all claims arising out of. such cancellation of commitments,
_ '
.:-_ the approval . _atificstfc= of the Prime Sponsor's Contracting officer, to the extett
he may require, whichapproval 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, title, and inter-
est 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 termination of such orders and subcontracts.
e. The Contractor/Subgrantee shall submit his termination claim to the Prime
Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in
no event later than one year from the effective date thereof, unless one or more exten-
sions in writing are granted by the Prime Sponsor's Contracting Officer upon written
request of the Contractor/Subgrantee within such one-year period or authorized extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim within_
the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/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
-rinciples set forth in -the ALLOWABLE COST, FIRED FEE, AND PAY2`...NT Clause of this contract/
subgrant.
e. Subject to the provisions of paragraph (c) above, and subject to any review requires
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 or amounts to be paid to the
Contractor/Subgrantee by reason of the termination under this clause, which amount or
- is nay include any reasonable cancellation charges thereby incurred by the Contractor/
Sub Grantee and any reasonable loss upon outstanding commitments for personal services
'w:_:th he is unable to cancel: Provided, however, That in connection with any outstanding
tc=nitz.ents for personal services which the Contractor/Subgrantee is unable to cancel, the
c:I._-act:`r/Subgrantee shall have exercised reasoaeble diligence to divert such cotmitments
zo ....t other activities and operations. Any such agreement shall be embodied in an
ot.-..,1=.nt to this contract/subgrant and the Cortrector/Sutgrantee shall be paid the agree
a=_unt.
he Prime Sponsor may from time to'time, under su:h•terms and conditions as
ray p ribe, make partial payments against costs incurred by the Contractor/Subgran
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 tines, 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 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 soldoracquired by the Contractor/
Subgrantee under the conditions prescribed by and at a price or prices approved by the
Prime Sponsor's Contracting neea..c-. 'rhe P.,._ «s of am such disposit'_ca stall be
applied in reduction of any payments to be made by the Prime Sponsor 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
recessa_y, or as the Prime Sponsor's Contracting Officer may direct, for the protection
and preservation of the property related to this contract/subgrant vhich is in the
possession of the Contractor/Subgrantee and in which the Prime Sponsor has or nay 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 admm4stered
under the guidelines of A-102 and parts of Paragraph IV, applicable to construction
pcocuret:ent.
20. LISTI?'G OF EMFLOY E T OPENINGS
(This.clause is applicable pursuant to 41 CFR 50-250 if this contract is for S2,500
Jr more.)
a. The Contractor agrees, in order to provide special emphasis to the employment of
c,_si?fied disabled veterans and veterans of the vietnam era, that all suitable employment
o-enings of the contractor which exist at the time of the execution of this contract and
those which occur during the performance of this contract, including those not generated
by this contract and including those occurring at an establishment other than the one
vhercin the contract is being performed but excluding those of independently operated
corporate affiliates, shall be offered for listing at an appropriate local office of the
E:ate er 1c'-nent service system wherein the opening occurs and to provide such reports
.: s -.:ch local office regarding employment openings and hires as may be required:
:._._dei, That if this contract is for less than S10,000 or if it with a State.or local
the reports set forth in paragraphs (c) and (d) -are not required.
Listing cf employment openings with the employment service system pursuant to this
c_a::£e shall be rade at least concurrently with the use of any other recruitment service
cr cffcrt and shall involve the normal obligarions which attach to the placing of a bona
=i;:c crder, including the acceptance of referrals cf veterans and nonveterans.
'hiing of employment openings does not require the h=•ring of• any particular ja
appl t or from any particular group of job applicants, and nothing herein is into
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
c. The reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals wbo were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance it
made under this contract. The Contractor shall maintain copies of the reports submitted
until the expiration of 1 year after final payment under the contract, during which time
they shall be made available, upon request, for examination by any authorized represent-
atives of the Contracting Officer or the Secretary of Labor.
d. Whenever the Contractor becomes contractually bound by the listing provisions of .
this clause, he shall advise. the employment service system in each State wherein he has
establishments of the name and location of each such establishment in the State. As long'
as the contractor is contractually bound to these provisions and has so advised the State
employment system. there is no need to advise the State system of subsequent contracts.
The Contractor may advise the State system when it is no longer bound by this contract
clause.
e. This clause does not apply to the listing of employment openings which occur and
are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto •
Rico, 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 custbmary and traditional employer -
union hiring arrangement. This exclusion does not apply to a particular opening once
en employer decides to consider applicants outside of his own organization or employer -
Lion arrangement for that opening.
g. Ls used in this clause: (1) "Ali suitable employment openings" includes, but is
net limited to, openings which occur in the following job categories: Production and
:::production; plant and office; laborers and mechanics; supervisory and nonsupervisory;
technical; and executive, administrative, and professional openings which are compensated
en a salary basis of less than $18,000 per year. The term includes full-time employment,
tenporary,employment of more than 3 days' duration, and part-time employment. It does
et include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional erployer-union hiring arrangement.
".) "Appropriate office of the State employment service system" means the local office
rf the Federal -State national system of public employment offices with assigned responsi-
bility for serving the ares of the establishment where the employment opening is to be
filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his
o:.n organization"•means en 1oyment openings for which no consideration will be given
tr parsons outside the Contractor's own organization (including any affiliates, eub-
: :.d:a.ries, and parent companies), and includes any openings which the Contractor proposes
▪ =:'_i from regularly established "recall" or "rehire" lists. (4) "Openings which the
* * to fill pursuant to a customary and traditional enployer-
h'_rinr arrangement" means employment openings for which no consideration will be
:iv to •.crscns outside of a special hiring arrangement, including openings which the
,:nt:z.ccc: proposes tc fill from union halls, which is part of the custerary and tradi-
re aticc.s`,ip which exists between the Contractor and representatives of his
e•▪ p'_cyees.
,(5)- Babied veteran" means 'a person entitled to disability compensation under law
'red by the Veterans Administration fora disability' rated at 30-percentum o e,
or a son whose discharge or release from active duty was for a disability incurrea
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
part of which occurred after August 5, 1964, and was discharged or released therefrom with
other than a dishonorable discharge, or (ii) was discharged or released from active duty for
service connected disability if any part of such duty was performed after August 5, 1964,
and (B) who was so discharged or released within the 48 months preceding his application
for employment covered by this clause.
h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comply with the provisions of
this contract clause relating to giving special emphasis in employment to veterans, such
veteran may file a complaint with the veterans' employment representative at a local State
employment service office who will attempt to informally resolve the complaint and then
refer the complaint with a report on the attempt to resolve the matter to the State office
of the Veterans' Employment Service of the Department of Labor. Such complaint shall then
be promptly referred through the Assistant Regional Director for Manpower to the Secretary
of Labor who shall investigate such complaint and shall take such action thereon as the
facts and circumstances warrant consistent with the terms of this contract and the laws
and . :u__ticns applf.ceble thereto.
i. The Contractor agrees to place this clause (excluding this paragraph (i) in any
subcontract directly under this contract.
11. DEVIATIONS
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 requirement of listing would other-
wise not be in the best interests of the Government,'a deviation from this subpart may 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. 5. Department of
Labor, Employment and Training Administration, 555 Griffin Square Building, Griffin and
Young Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set
forth the reasons for the request.
12. DISPUTES
a. Except as otherwise provided in the contract/subgrant, any dispute concerning a
question of fact arising under this contract/subgrant which is not disposed of by agree-
ment shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his
:ecision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Sulgrantee. The 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/
S+•,;,rartee nails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
.:itten 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 capri-
cious, 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
_:_ace in support of its appeal. Pending final decision of a dispute hereunder, the
CC .:actor/Subgrantee shall proceed diligently with the performance of the contract/
and in accordance with the Prime Sponsor's Contracting Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
. -ectior. with decisions provided for in paragraph (a) above:
Provi" That nothing in this contract/subgrant shall be construed as malting final t
decis f any administrative official, representative, or board on a question of 1�
13. SUBCONTRACTING
The subcontractor shall obtain written consent of the Prime Sponsor prior to sub-
contracting any parts of this agreement. The Contracting Officer may, in his decretion,
ratify in writing any such subcontract; such action shall constitute the consent of the
Contracting Officer as required by this paragraph.
14. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in writing of
any actions or suits filed and prompt notices of any claims made against the Prime
Sponsor, the subcontractor, or any of the parties involved in the implementation and
administration of the CETA Program.
15. ORDER OF PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
unless otherwise provided, thereon, the inconsistencies shall be resolved by giving
rrecedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2)
The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FMC 74-7
(5) FMC 74-4 (6) The Comprehensive Manpower Plan as stated in the grant as applicable
to each title.
16. Motions passed by the Consortium Executive Board:
June 13, 1974 - Each program that is approved have an approved wage scale derived
from a comprehensive wage study conducted in their areas, and an approved Affirmative
Action Plan. .
June 17, 1974 - Out -of -area travel for each program not exceed $25 per day.
June 2, 1975 - No contractor exceed 17% for administrative cost and A11 out -of -
area travel for any program have clearance by the staff.
September 22, 1977 - Allowance of up to 18c per mile for travel. Per diem rates for out
of town travel be established at a level equal to Federal per diem rates for all non-profit
agencies. Governmental agencies shall pay travel expenses consistent with the policies
approved by the respective governing bodies.
FVF,ILA 1LITY OF,FUWDS CLAUS
The prime sponsor's obligation hereunder -is contingent upon the
availability of appropriated funds from which payment for the contract
purposes can be made. No legal liability on the part of the prime
sponsor for payment of any money shall arise unless and until funds
are made available to the prime sponsor for this procurement and notice
of such availability, to be confirmed in writing by the.prime sponsor's
Contracting Officer, is given to the contractor.
This request does not co=it :'1e prime spo.nsor 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 prime sponsor's Contracting Officer.
The levels of operation contained in the approved plans are conditional
and final approval is subject to levels and conditions contained in
the final Fiscal Year 1980 appropriations or continuing resolution.
CERTIFICATION
FOR
CASA DEPOSITO:tIES
11.1 74-7 ATTACHMENT A - Paragraph 3
The undersigned hereby certify that:
"Any moneys advanced to the State or local governments which are determined
to be public moneys (owned by the Federal C:overnment) 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.
Same as Administrative Unit.
Bank Eana. Name City of Corpus Christi
302 S. Shoreline
(Signature) (Signature)
(Date) (Date)
(Type Nat.?)
R. Marvin Townsend
(Type Name)
City Manager
(Title) (Title)
�REEMENT FOR SPECIAL BANK ACCOUNT
•
The City of Corpus Christi hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and Corpus Christi National Rank
a banking corporation located at 502 N. Water
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 prime sponsor amounts advanced to the
contractor by the prime sponsor shall be deposited in the account
established at the bank, designated as the "
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 Sept. 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 withdrawal 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 prime sponsar shall have a lien upon the credit balance in the
Special Bank Account to secure the repayment of all advance or supple-
mental 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 accord -
dance 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 prime
sponsor.
7. Authorized representatives of the prime sponsor -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 tag:stag
of this Special Bank Account.
8. All coneys deposited in the Special Bank Account are public moneys
subject to the requirements of Title 12 Section 265 U.S.C. The
Bank agrees to take all necessary measures to qualify with the
Secretary of the Treasury as a depositary of public money and to
deposit satisfactory security by the deposit of United States
bonds or otherwise, for the safekeeping and prompt payment of
the Aforesaid public moneys as required by the regulation of the
Secretary of the Treasury and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed as of the last day of signing set forth below.
•
BANK USE
BANK COLLATERAL
BANK NA€
BANK COLLATERAL required, based upon
estitatee zaximm Lank bal&ace, (e.xilL'Gf.:.t
FDIC coverage of $40,000, is
$ •
SIGNATURE
DATE
As required
~'PE NAME
TITLE
CONTRACTOR USE
ADMINISTRATIVE UNIT
CONTRACTOR'S NAME
City of Corpus Christi
SIGNATURE
DATE
SIGNATURE
DATE
_1=E NAYE
R. Marvin Townsend
TYPE NAME
R. Marvin Townsend
TITLE
City Manager
TITLE
City Manager
AUTHORIZATI(JN FOR ADVANCE PA1?ENT
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 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.
All initial and subsequent advance payments will be made without interest.
The contracting officer hereby determines that the.making of such advance
payments without interest is in the public interest.
•
CERTIFICATION OF ACCOUNTABILITY
Under the provision of the Comprehensive Employment and Training Act of 1973,
the Secretary of Labor has the responsibility of requiring that Contractors
receiving Federal Funds under the Act maintain financial records to fully account
and control such funds. To provide the Secretary of Labor with the necessary
information, the following items of information. are to be completed and submitted
with the Contract.
1. Name, Title, S Organization of Chief
Financial Officer
Check if one has not been appointed
or designated.
Harold Zick
Director of Finance
2. Will the Accounting System be
directly maintained. by you?
El Yes 0 No (If No, who will
maintain the account—
ing system?
Name and Address
3. Are you Familiar with the Department of Labor Audit Requirements?
® Yes 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.)
Same as Administrative Unit
USE CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief.this report is
Name and Title of Authorized Official correct and conniete I telephone No. and Area Code
R. Marvin Townsend, City Manager
Signature
Date of Execution
BONDING REQUIR MENTS
1. List of persons authorized to sign checks or withdraw funds
from the Special Bank Account.
2. Copy of Bond covering those persons.
Same as Administrative Unit.
•
4 4
INSURANCE ANCE REQUIREMENTS
Copy of workmen's compensation policy
including persons covered or similar
type of insurance for same purpose.
All Equal Opportunities Pilot Program
Public Service Employment employees will
be covered by the City of Corpus Christi
workmen's compensation policy.'
a