HomeMy WebLinkAbout15773 ORD - 09/17/1980nh:9-3-80;1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
RELATED DOCUMENTS WITH CALALLEN INDEPENDENT SCHOOL DISTRICT,
FLOUR BLUFF INDEPENDENT SCHOOL -DISTRICT, LULAC EDUCATIONAL
SERVICE CENTER, NUECES COUNTY COMMUNITY ACTION AGENCY, AND
WEST OSO INDEPENDENT SCHOOL DISTRICT TO PROVIDE 15 PUBLIC
SERVICE EMPLOYMENT POSITIONS THROUGH TITLE II -D OF THE
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT FROM OCTOBER 1,
1980 THROUGH SEPTEMBER 30, 1981 AS MORE FULLY SET OUT IN
SAID CONTRACTS, COPIES OF WHICH IN SUBSTANTIALLY THE SAME
FORM ARE ATTACHED HERETO AND MARKED EXHIBITS "A" THROUGH
"E" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute CEPA
Title II -D Contracts and related documents with the following:
1. Calallen Independent School District,
2. Flour Bluff Independent School District,
3. Lulac Educational Service Center,
4. Nueces County Community Action Agency, and
5. West Oso Independent School District,
to provide 15 public service employment portions for the period from October
1, 1980 through September 30, 1981, all as more fully set forth in the contract,
substantial copies of which are attached hereto and -made a part hereof, marked
Exhibits "A", "B", "C", "D" and "E", respectively.
SECTION 2. That the City Manager be authorized to execute all
related and necessary documents in connection with the aforesaid program.
SECTION 3. The necessity to authorize execution of the aforesaid
contracts andall related and necessary documents at the earliest practicable
date in order to continue the Comprehensive Employment andi raining Program
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 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
MIGUDEILMED
SIP 271989
Corpus Christi, Te as
! 7 day of j , 19 OD
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 yoususpend
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,
MAYO
THE C TY OF 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 pass d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
,. i rpr
of
CONTRACT SICNATUREfSHEE1
TCONTVACT NUMBER
MODIFICATION . [=IBER .,_
PROGRAM AGENT: CiOy of C(�CQi F,hhistl CONTRACTOR: alallen Independent School District
PCorpus ChyyrLLisssti, Texas 78408 orp Cornett riTe
orpus Christi, Texas
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Calallen Independent School , hereinafter referred to as Contractor.
District
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 30 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, 1980 to
September 30, 1981 '
MODIFICATION : This action increases decreases does not change the Prime -
Sponsor obligation for this contract by (this action) $ to (new level)
C. OBLIGATION :
TITLE
II -D
FISCAL YEAR
TOTAL _
$ 5,200 -
FY 81
FY
FY
5,200
Tc4tal
$ 5,200
$ 5,200
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
Clyde Teague, Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED:
DAY of
City Attorney
Z-7;(1-1, 'rJ
PSE .PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Richard Morgan
4. CONTRACTOR
5. TYPE OF
UNIT
DISTRIBUTION OF FUNDS A
6. AREA 7. POPULATION
SERVED
Calallen Independent
School District
School
District
City of Corpus
Christi
10. TOTAL
2. CONTRACT NUMBER
3. TITLE
II -D
TD JOBS
8.N0. OF
9. FUNDS
JOBS
1
$ 5,200
1
$ 5,200
11. OTHER ACTIVITIES
12. TOTAL
$ 5,200
(2)
PSE BUDGET SU?1NARY,SHEET.
Contractor: Caldllen I.S.D.
4602 Cornett Drive
Corpus Christi, Texas
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(C)
(D)
(E)
1
Title II -D Positions
Clerk 3.23/ph1(1
560
3
$ 1,680
3.35/ph
1(2
580
5
2,900
•
(1 - Wages from 10/01/80 thru 12/31/80
(2 - Wages from 01/01/81 thru 05/31/81
TOTAL.
1
8
$ 4,580
FpTNC.E BENEFITS
140
480
1. FICA
2. Workmen's Compensation 3%
3. Other (Specify) 480 per employee insurance
4. Other (Specify)
5.. Other (Specify)•
Sub—total fringe benefits
$ 620
?TOTAL
5,200
U.S. 0EPARTmeNT
-, yorn=nl ore:Training
CETA
PLANNING
SUMMARY
OF LABOR
Adm a valve
kOGRAM
A- CONTRACTOR'S NAME AND.ADDRESS
Cal al len Independent School District
4602 Cornett Drive
Corpus Christi, Texas -
B- CONTRACT NUMBER
C. PERIOD OF GRANT
From I To
10/01/80 9/30/81
FOR REGIONAL OFFICE USE ONLY
—j
D. TYPE OF PROGRAM (••X" epproprime bode.))
0 11 - 0.0 M II -D 0 VI 0 V11
0 111 (Spee,/)
0 IV (Spee)/y)
01 Dlher (Specify) _....... _...... _._._..�._....__
<
01 9
O CONTRACT KEY
MOD. DATE
I. Cmz
..
r-_,-
veer ,poo
CU
E.
-
,3,:.
AZ
aoo
Nn2
pe
L'1
9Z
2
MM
DD
F
YY
0
,
0
0
3 F.mal.
f
1
2
1 '
N. W.(N.$.)
31
1
—"`13
-<
2
(O1 5
6 7
8 9
i.
10 11
1
12113114115
16 17 13
i
1920
1
21 22123a
12 1 25
, 26 27
_I
2 29 30
1. PARTICIPATION ANO TERMINATION
SUMMARY
1 2
3 ., 222 23tIb24 215
23 22123
24 25
2112223124
25 21122
253322
0
0
y,'
1 k^ 11 218 lis
0 3
I 0
0
li8
i
A. TOTAL PARTICIPANTS
O
96 1.
1
2
2
1. New Participants
31 0
0
1
1
2. Transfers from other Subparts
1
96 0
0
0
0
3. Participants Carried Over
1 (
411
1
1
r81
1
2. TOTAL TERMINATIONS
46 0
0
1
2
1. Entered Unsub. Employ.
51 O
0
1
1
a. Direr. Placement
56 0
O
0
()
b. Indirect Placement: (1) Tlfru 5pbn,or
61 0
0
0
(2) Other Indirect
66 0
0
1
1
2. Transfers to other Subparts
71 0
0
0
0
3. Additional Positive Terminations
76 0
O
0
0.
a. Ret. to/Contlnu. Full -Time School
101 12
26 0
0
4. Other Terminations
31 0
0
0
1
C. TOTAL CURRENT PARTICIPANTS (End•of•Q:.,rfer)
36 1
1
1
0
1. Active Non -PSE Participants (II -D or V!)
41
11. SPECIAL CATEGORIES
�Fe r.,_ _:.
.;;:
'4:
A. UNSUB. PRIVATE SECTOR PLACEMENTS
•
46 0
0
1
1
B. TITLE 11 - C: (1) Upgrading
51 -
121 Retraining
56
: C. TITLE ?V: (1) GED Certtflcat.
61 '
(2) ACadem)6 Credit
66
(3) Special Mixture Component
(YETP)
71
(4) Limited Services (YETP)
76
O. SYOP: (1) Vocational Exploration Program
1 DI 1 3
26
(2) Summer Entitlement Program
31
(3) Concurrent Participation
Int (a) TMJs 14 BIC
36
(b) YETP
41
(c) YCCIP
46
III. PARTICIPATION IN
. Total 1p. Current
.. 1nll
b. Current a. Total b. Current
a. Total
4
b. Current
1;1 15
PROGRAM ACTIVITIES
i D
lIJ4')'5.
D I5
,.IDI 4
DI 15k:fDI 4'x -DI 15='a0
A. Classroom Tsalning (Oeeap. Skills)
126
3. CNssro,m Training (Other}
131
• L. On-tne•J,b Training
36
O. Work Experience IlnSchoo))
41
E. Work Etrreri.ncc (0161,)
46
•
F. Pub. 5rv. Employ. (!!.D or VI or1!7•3021 51 1
1
1
1
1
1
2
0 1
1. PSE Participants In Trng./Serv(os
51. 1
1
1
1
1
1
1
0
. G. Carer Ern#lov. Experience (YETI.)
61
in. Transition Services (YETI.)
66
IV. OTMER.ACTI VITIES: Indicate other activities or special programs o attachment,. Describe their objectives and list milestones tovgrd
their achievement in a quantitative or narrative presentation.
ETA 2202 (May 19101
V. SIGNIFICANT SEGMENTS (Pr•. aan Year -to -Dale nen)
181
0 3:
0 s 1:
01 9
?-: D 7
1 21 :1 1
1 0
3 8'
10
6:
10 9: 1
, Male
�31
0
0
0
0.
G.536 over
26
0
0
0
0
3 F.mal.
1
1
2
2
N. W.(N.$.)
31
1
1
2
2
Z. 19 Lunm 136
0
0
— 0
0
I. 61-1h1.618
36
0
0
0
0
1. 20.2] 1
0
0
0
0
2. Maw.%
41
0
0
0
0
27 -da r6
0
O
0
O
K. Al L AN
46
0
0
0
Q
-.a5-54 151
1
1
2
2
L. A&P.I.
ST
0
1 (
0 1
0
r81
ETA 2202 (May 19101
U.S. DEPARTMENT or I./won • Ernnloyment eml TrelnIng. AriminlltratIon
BUDGET INFORMATION SUMMARY
cc
660
CONTRACT KEY
P100.
Code
Subj.
Protect prof. =0.0•
St. F.Y. Number ko. Code
Mod,
No.
Calallen Independent School Dist
A. CONTRACTOR ' S NAME AND ADDRESS
MoD. DATE 4602 Cornett Drive
Corpus Christi, Texas
MM
0
vv
• 0
I
3
7
0
101 51
12113 114 115
16
17
10
19
20
21 L22123
24.125
26127
20
29
30
Q. CONTIIACI NUMB
C. TYPS OF 76-5-arrmr,r7.—,,,,.
u II • n.c 0 VI
. 0 v
0 IR 3 Other
CI IV
E. BUDGET SUMMARY COST CATEGORIES
a. GRANT PROGRAM
FUNCTION OR ACTIVITY
1. Administration
2. Aimwances
3. Wages
4. Fling. Benefits
5. Work Site Supervision
6. Training
7. Services
4. totals
1 3
1
7 3
2
,•
NEW OR n Ev isco FEDERAL BUDGET
4. Tota1
26
35
44 $ 4,580
53 620
e. YETP In.school
f, TOTAL
.63
71
$ 5,200
• • ' '11••• • . • . •. •
... .. , ... „ „
44
$ 5,200
(06.25 06 OBLIGATIONS AND EXPENDITURES lVo Ouarler Ent i.g
,,-,.
: 2:.
21 22
23
24 25
2122
23 24
25
1
t1 22
23 2425
,-:,.1 6:
•
3::
11114 25
..:ttg.,
6 8
1
,„,„• ,•,,••:•,„-
,,,! •
2
8 0
.-, ,
,
0
3
1
2
G
. ,..,
..g0'-a,,,,:t.:1,in&Zi!,4::',I
3 20
..9
$ 4,680
2.h
c
!1: :i.
3 26
..:-.....L.,L1i,,,...t.t..T... .
, 5 200 -
1. Prime Spoon): ObligallonS
I 2
0
3 r$,,.,1',•.0.,..,':,•,::::1,;:::ti,,,,,:t.*::%::,t,4,...:.....:
3 26
,
3,
1 2
3 &:'''':"'''"W4:::M:NgOg:2
T.,-,
.'......:::er.t......1,-...v,,,.- -
$ 3,120
3,120
$ 1.560
1,560
G
`,..:
i...:i!:.:-.
3 26
3.,
44
..•• 5
4,680
'7T .i.'.
. .
5,200
2. Tolal Projected Expenditures by Program
777nr
T
.M 4
'
....
t,
44
a. Classroom TralnIng, Prime Sponsor
..
-4. 44
".
..
!i:1i,,
53
,.,f,, 53
* 53
.
.1 62
)....
At..,0
b. 0n.the..Job TrainIng
!:,t-
,...
s,
$ 4,680.,...
:" 4:
„.
•.::•:.
.,
$ 5,200
$ 1,560
:1,-
,
?,'
$ • 3,120
,g. P56
(1) Subildlred EmP1011. (,9494,/,,,,..)
.-.
- ...
'4
,..,,
11
/
'', 11
125 Trrig. (Wages/Fringe! or Allow.)
,,,.: ir
!!:1 7)
4 26
,45
....1 12.,
G
4 26
G
4 t6
G 4
26
(3) Services Mages/FrInges or Allow.)
G
(II Trng. Cost, illo SomPenNilool
i1::::. ,!,
:gi 35
i',0t ,f.!1:
...*1!'"qt'..
-,•:' 4:i
•i,,:.
.!.:f,! 4345
4i 53
,:,1tt
•,,,,.
5 20
t, 35
.. ...„.
...
,::::: ,,,, j.:,.
.: , .
:...
M
,,, ::: ::',
44
(51 Services Cott' (No compensation)
A '::ii:::
-..`e., ':•:1-11,‘,
i,.it 44
,,, „:„
,::::
cl. Wcok Experle150
:i.,.,
t's'.: 53
...
02
e. ServIcil 10 Parlicipants
•..,z.
tT0
62
'• i,t't
A U
G
IL:: -VI
.'i. 1
.:.
5 26
35
4711
'::'::': ..-...........•
.4 53
I.OtherAcityltle
IT
112As71
G
5 r6
43 5
26
g. C Employment Experience
0
. ..
.7 ....• ...
'W .:i•i'
'
h. 1,4,151110n ServiCel
..T
t:.,:]1'tt:'?:,::
.3C^:tie
e,44
te: -i3
::t4
...g 67
l..".
...14
n...',.. 't!:'
44...
I. VocallOnal Exploration Program
i'
r't,.''.'it,
''''':.',:
5,.
rrf,
..,... .
:1: .1',
53
,t:::- ,,,,,,
....r i'«,
1. Summar Enlitiernent
:::::!: :,Ei.
....
Yr .t.t..
-.::. .,..:x;:
'i!-...
....'
4 .".:ii!
..
62
3. Protected expandllurel Of NOrt•Fed. Funds.,5,
i:, i
::.?.,5A,.:
,i 62
-g, 71
'* V
i
..;:tj,,:i.-:: ii:.:,
71
71
4.•. Upgrading
:013
G
6 6
0 6
7E
ETA 5145 CM01, 19004
5 26
0
5 25
D. IlitrainIng
0
U.S. 11LI'Ai1Th1ENT UP LAIIOIt • Employmen1 and 1gaining AJwln:+trallon
P S E OCCUPATIONAL SUMMARY
F. CONTRACTOR'S NAME AND ADDRESS
Calallen Independent School District
4602 Cornett Drive
Corpus Christi, Texas
a. TYPE OF PROGRAM ("X" appropriate box/ern
a. B R . D b. 0 vi c. CI SpecrSlOovernor't Granl
a.0 ower (swim
4. PROGRAM AGENT, EMPLOVINOCOMPARAO
AGENCY ANO POSITION TITLE
NO. or J005
LE 1
WAGE
ANNUALIZED
CCTA WAGESUPPLEMENTATIO(
NON -NTA
OF WAO C/SIaLHR
PERSONYEARS
Op
EMPLOYMENT
PLANNED
��_
TOTAL
ANNUALIZED
WAGES
. ..__.... _.. ins+
(A)
(0)
=......==.--. ...sem...
(C)
_nx-.�
10)
!El
(FI
(0)
Subcontractor
1•
$ 6,897
•
0
•
.664
$ 4,580
Calallen Independent School District
On Board 9/30/80
Clerk •
•
•
•
0. TOTAL r )••-
• 1
•
.664
$ 4,580
•
:OMB F 2PTora No. 4C -7.1165S
OF L S1,Ois
Cr.,,'vyrr,n1 .nd Trn:nIng ACmin:str+tt,n
CET.: MONTHLY SCHEDULE
NTRAC'TOR' S NAM: AND ADDRESS
Calallen Independent School District
4602 Cornett Drive
Corpus Christi, Texas.
, CON":'RAC! TXNBE
b. TYPE 17, PR OC 1. M (•_C'•ooe)
iX U -13 ovt
b So^dot cunt to Cov,rnors
FOR REC•IOHAL. C)YPICz U0E ON Y
CO:tTRA^.r YEY
;
L
uj,
6!7
9
10 lA 12 : 4L1Z,116117
(1
i4i912421
1. MUNTr#
END OF MONTH
41_ PULATITED
CUM UDTUR
� EXpCN DITVR�
.BY hi 0:4311
1:
PIA NNEI7 Cllft R_h7 EKROl.LM EnT
.4.
PSE
8. NON• j'E
22
1'4 I io i
T$
26
1
31
36
433
i j 1 1.8 J0-
1
•
866
2 L8.10
1
1,560
s i 1 18 11
1
1,732
C? 2 18 11
1
2,165
x 131811
1
3,120
t' 141811
1
3,031
o 1 5 1811
1
4,680
c1s1811
1
5,200
o 17 18 11
0
5,200
o 1 8 18 11
0
5,200
o 1 9 18 11
0
$ 5,200
1 1
1 1 1
1 11
1 1 1
ETA 22328 (Apr. 1973)
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved
by the Coastal Bend Consortium.
b. It will comply with 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 ex-
perienced
xperienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application'and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will 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. L. 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 $100,000, 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 other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award,of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized for the grant is
under consideration to be listed on the EPA List of Violating Facilities; and
(3) it will include substantially this assurance, including this third part, in
every nonexempt subgrant, contract, or subcontract.
4. The applicant/contractor will comply with all provisions of the appropriate
Coastal Bend Consortium Comprehensive Employment and Training Plan which consists
of the Master Plan and Annual Plan.
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.
Calallen Independent School District 4602 Cornett Drive, Corpus Christi, TX
Legal Name of Applicant Address
Clyde Teague, Superintendent
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1980
Date of Application
SPECIAL CLAUSES
1. CHANGES
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
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 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 change under (b) above shall be allowed for any costs incurred more than
20 days before the ContrsctorJSubgrantee 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-
ment 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 ray 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. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
1:e 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
s-•-itirg, 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, resulting from an
oral 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
vith 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 saximum 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 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)_
Amy 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 or 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
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
Septe ber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
f 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) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible far further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other 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 law.
(7) The contractor will include the provisions of paranraphs (1)_through (7) in
every subcontract or purchase.order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 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 ninimum 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. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will net 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
by 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. TERMINATION
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 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 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/
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 performance is due to causes beyond the control
and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi-
sicns 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
Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall:
(1) Stop work under the contract/subgrant on the data and to the extent specified
in the Notice of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
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 termination of such orders and subcontracts;
(5) With the approval or ratification of the Prise Sponsor's Contracting Officer,
to the extent he may require, which approval orratification 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
ir.-respect of the performance of, the work terminated by the Notice of Termination; (ii)
the.ccmpleted 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 Sponsot, 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
proceeds of any such transfer or disposition shall 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 the work covered by this contract/
subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct;
(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
?egulatic.-s (41 CFR 1-8.1), as the definition nay be amended from time to tine, 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
7.reviously disposed of, exclusive of items the disposition of which has been directed
cr 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
them cr enter into a storage agreement covering the same: Provided, Yhat 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 sub-
mission 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/Subgrantee shall submit
to the Price Sponsor's Contracting Officer his termination ciaim 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 term-
ination, 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 Contractor/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
ccntract/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 settlement 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 time thereafter
s-ith the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided,
however, 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,
_he cost of settling and paying claims arising out of the termination of work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge-
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
cf settlement claims and supporting data with respect to the terminated portion of the
contract/subgrant and for the termination and settlement of subcontracts thereunder,
_czether with reasonable storage, transportation, and other costs incurred in connection
the protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/Subgrantee there shall not be included
ny 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: •
(A) In the event of the termination of this contract/subgrant 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 equivalent to the percentage of the com-
pletion 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 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
::member 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 nada 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 xightof 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 tine 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
shall 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 proceedsof 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 work under the continued portion of the contract/subgrant shall be
equitably adjusted by agreement between the Contractor/Subgrantee and the Prime-6ponsor's
Contracting Officer, and such adjustment shall be evidenced by an amendment to this
contract/subgrant.
i. The Prime Sponsor may from time to time, under such terms and conditions as it
may prescribe, rake 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
-ntitied 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/
.ubgrantee 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:
Provided, however, That no interest shall be charged with respect to any 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 inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. 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/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
..r from time to tine in part by the Prine 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,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the Prime Sponsor, in the manner at the time,and to the extent.
directed by the Prine 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.
c. 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
principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT 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 Prine 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
amounts may include any reasonable cancellation charges thereby incurred by the Contractor/
Subgrantee and any reasonable loss upon outstanding 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 agreement shall be embodied in an
amendment to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
f. me Prime,Spcnsor 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 tanner, 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 by the notice. Other than the above, any termination
inventory resulting from the terination'of the contract/subgrantmay, 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 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 Prim. 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.
i0. LISTING OF EMPLOYIENT OPENINGS
(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
c,uslified 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
wherein 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
State employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $10,000 or if it with a Stateros.local
government the reports set forth in paragraphs (c) and (d) are not required.
b. Listing of employment openings with the employment service system pursuant 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 acceptance of referrals of veterans and nonveterans.
This listing of emplo}-meat openings does not require the hiring of any particular job
applicant or from any particular group of job applicants, and nothing herein is intended
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
c. The reports required by paragraph (a)_of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall 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 syster 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 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
not limited to, openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory;
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 employment.
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
On "Appropriate office of the State employment service system" means the local office
of the Federal -State national system of public employment offices with assigned responsi-
bility for serving the area 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
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, nub-
s:.diaries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) 'Openings which the
.Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employment openings for which no consideration will be
given to persons outside of a special hiring arrangement, including openings which the
Contractor proposes to fill from union halls, which is part of the customary and tradi-
tional hiring relationship which exists between the Contractor and representatives of his
employees.
(5) "Disabled veteran" means a perscn,entitled ,to disability compensation under laws
administered by the Veterans Administration for a disability rated at 30 percentum or more,
or a person whose discharge'or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the. Armed Forces for a period of more than 180 days, any
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 regulations applicable 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 nay be
rade, 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, 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—
rent shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his
recision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Prime Sponsor's. Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, the Contractor/
Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
:ritten 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
_vidence 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 Officer'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/subgrart 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 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
ISI 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 ars inconsistencies or conflicts in the grant and/or contract,
tireless otherwise provided, thereon,tbe inconsistencies shall be resolved by giving
precedence 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 177. for administrative cost and All 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.
April 23, 1980 -The mileage allowance paid to participants, when using their personal auto-
mobile for approved travel, is $.18 per male.
17. Texas Education Agency (T.E.A.) Certification
The contractor agrees that instructors of participants' classes must be certified by the
Texas Education Agency. Exceptions will be made only in areas in which T.E.A. doesn't certify.
18. Cancellation of Bonding or Insurance Policy
The contractor agrees to notify CEPA Administration immediately upon any cancellation of
any bonding or insurance policy which relates to performance of Administration or Services contra,
. Subcontracts, Leases', and Agreements
Contractors must provide e copy of all executed subcontracts, leases, and agreements
all documents are immediately due upon execution at CET A Administration) .
Availability of Fiords Clause
The prime sponsor's obligation hereunder is contingent upon the availability of ap-
:ropriated funds from which payment for the contract purposes can be made. No legal
_'_ability on the part of the prime s.'onsor for payment of any money shall arise unless
and until funds are made available to the prime sponsor for this procurement and notice
:f such availability, to be confirmed in writing by the prim sponsor's Contracting Of-
ficer, is given to the contractor.
This request does not -commit the price sponsor to pay for costs incurred in the sub-
--_ssion of a proposal or for any costs incurred prior to the execution of a.formal con -
_act unless such costs are specifirlly authorized in"writing by the prime sponsor's
-_cctracting Office=. The levels of operation contained in the approved plans are con-
=rional and final approval is subject to levels and conditions contained in the final
_scar Year 1981 appropriations or continuing resolution. •
'1
Complaint and Grievance Procedures
The contractor acicxowledges that it has specific complaint and grievance procedures
available to participants and prospective participants which are consistent with the CETA
__gulations, 20 C.F.R. Section 676, Subpart F, and the Coastal Bend Consorttiun Complaint.
and Grievance Policies and Procedures. The contractor also assures the prime sponsor that
7:articipants shall be provided, uu n enrollment into employment or training, with a written
:.ascription of the complaint procedures, including notification of their right to file a -
laint and insert_.. -cions on how to do so.
AGREEMENT FOR SPECIAL BANK ACCOUNT
The Calallen Independent School District hereinafter referred toes the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prim=e Sponsor and Stonewall Bank
a banking corporation located at 10502 Leopard St. Corpus Christi, Tx
hereinafter referred to as the Bank, hereby mutually agree -as folloys:
1. As a condition to the making of advance or supplemental payments
under the Contract .
between the contractor and the prime sponsor amounts advaneed to the
contractor by the prime sponsor shall be deposited in the account
established at the bank, designated ag the "
District CETA Special Bank Account,"`hereinafter referred to as the o1
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. --he 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 :rime e '§'17 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
execu_on, or the commencement of garnishment proceedings with respect
to the Special Bank Account, the Bank will promptly notify the prima
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 caosfdg
,of this Special Bank Account.
8. All monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary 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 monies 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.
Stonewall Bank
BANK NAME
SIGNATURE DATE
Lucy Simmons
TYPE NAME
Cashier
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
$ N/A
Coastal Bend Consortium Calallen Independent School District
CONTRACTOR'S NAME
SIGNATURE DATE SIGNATURE DATE
Mr. R. Marvin Townsend
Clyde C. Teague
TYPE NAME TYPE NAME
City Manager
Superintendent
TITLE TITLE
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $670
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 respersibility of requiring that Contractors receiving Fed-
eral 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 follow-
ing items of information are to be completed and submitted with the Contract.
1. Name, Title, & Organization or Chief
Financial Officer
nCheck if one has not been appointed
designated.
Clyde Teague
Superintendent
2. Will the Accounting System be directly
maintained by you?
or .E1 Yes 1 1No (If no, who will main-
tain the accounting
system?)
Name and Address
3. The Department of Labor audit requirements are that the contractor shall retain all
records for three (3) years after submittal of the final closeout report or until .
all questioned costs are resolved whichever is longer.
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 account
ing requirements of the Manpower Administration.) -
By official action of the Board of Trustees we are on computer accounting
through the Education Service Center, Region II located in Corpus Christi.
This system complies with State requirements as established in Bulletin 679.
USE OF CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
rect and complete.
SIGNATURE
DATE
Cl de C. Teague, Superintendent
TYNE NAME TITLE
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds proyi.ded.by this contract,
Clyde C. Teague, Superintendent
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective. Date of Policy: Policy No.
Amount of Coverage:
Attach copies of the premium and policy of the described insurance.
WORKERS' COMPENSATION OR MEDICAL
AND ACCIDENT INSURANCE
Insurance Agency (Name, Address; and
Telephone Number) :
Insurance Company (Name):
Effective Date of Policy: Policy No.
Attach copies of the premium and policy of the described insurance.
Attach an additional form and copies of the premium and policy if there
are separate policies for participants and staff.
1 I. •
AUTOMOBILE LIABILITY INSURANCE
The contractor agrees that any activity using a motor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci-
dent for property damage.
Ensures that the Department of Labor (DOL), the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverage:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts and Property Management, 41
CFR 29-70, July 20, 1979.
429-70.202 b-2 Insurance.
CONTRACT SIGNATURE SHEET CONTRACT NUMBER
MODIFICATION UMBER
PROGRAM AGENT: Ci Y`of C r uus Christi CONTRACTOR: F r Bluff Independent kchool District
P.O. Box 927/ 2iuu Waldron
Corpus Christi, Texas 78408 Corpus Christi, Texas 78418
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Flour Bluff Independent , hereinafter referred to as Contractor.
School District
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 30 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, 1980 to
September 30, 1981
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
II -D
FISCAL YEAR
TOTAL
$ 20,300 .
FY 81
FY
FY
$ 20,300
Total
$ 20,300
$ 20,300
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
W.K. Claborn, Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED:
DAY of ,
City Attorney
OMB Ap8,0.11 No. 44.51655
US. DEPARTMENT OF LABOR
"nly>1 rrevI aid Tnlnl r.g Ad.r/r16Ir„ern
cera PROGRAM
A. CO TR.?CTj)R'S :DAME .AND ALDRESS
Flour Bluff Independent School Dist
B. GONTR4CT NUMBER
PLANNING
SUMMARY
2300 Waldron Road
Corpus Christi, Texas 78418 -
C. PERIOD OF GRANT
From I To.
10/01/80 1 9/30/81
FOR REGIONAL OFFICE USE ONLY
D. TYPE OF PROGRAM 1"X -•appropriate 600p))
ei
7. 8.8418 126
..I CONTRACT KEY
1
MOD. DATE ye
yy
I.-
u
0
UI tri � �
1.1.,:i
a
G
2.
4
pv
a Z s� ^ Z 1 VU
e p
Z
MM
DD
1-:
VY
1� 11 - ex 'CT it -D O vi O VII
- 1] 111 (Syed/Y) _._....._
I D
3
0 I
C. )96 unm136
0
0
1 I I I
I I
I.B•INli.l
36 1
1
O' IV (5yeclfy) �.�..._...�
.a1 1
2
314
516
7 a
9 10
11 12113114115116 117 1)5119
20 2112212324
25
26 27
2129
3Q 011ier (Syee11Y1 -.._..Y_
1. PARTICIPATION AND TERMINATION SUMMARY
11 2 3
('" 2 22 2324
12
25
21 22
23 24
25121122123124
25 21122
23 24125
2
171-71.4j
� 1 8
0
0
3� 8
1
1 0 1 6 1 8
1 113
1 8 1 1
A. TOTAL PARTICIPANTS
26 5
6
6
0
1. New Participants
31 0
1
- 1
1
2. Transfers from other Subparts
36 0
0
0
0
3. Participants Carried Over
41 5
- 5
5
5
E. TOTAL TERMINATIONS
46 0 _
1
1
2
1. Entered Vnsub. Employ,
51 0
1
1
3
a. Direct Placement
56 0
0
0
0
b. Indirect Placement: 111 Tnru Sponsor
61 0
0
0
. 0
12) Other Indirect -
66 0
1
1
.3
2. Transfers to other Subparts
71 0
0
0
0
3. Adollional Pesltive Terminations
76 0
0
0
1
a. Ret. to/Continua Full -Time School 10 1 12
26 0
0
0
1
4. Other Terminations
31 0
0
0
2
' C. TOTAL CURRENT PARTICIPANTS (End-ef.Ovarler)
36 5
5
5
0.
1. Actio. Non -PSE Participants 177.0 or V7)
41
11. SPECIAL CATEGORIES O' y° '?.P < ?^'4' yn.ba°
....
A. VNSUB. PRIVATE SECTOR PLACEMENTS
46 0
0
0
1
5. TITLE 11 - C: (1) Upgrading
51
(2) Retraining
56
. C. TITLE IV: (1) GED Cer..,rcate - -
61
(2) Academic Credit
66
(3) 5peclal Mixtur. Component (YET P)
71
(4) Limited Servlees (YETP)
76
0. SPEP: (1) Vocational Exploration Program IDI 1 3
26
(2) Summer Entitlement Program
31
(3) Concurrent Partlelpatlon In: (e) Title II B/C
36
(8) YETP
41
(cl YCCIP
46
((1. PARTICIPATION IN
ACTIVITIES
a. 101.1 current
�_;;
. Tota b. current Total
b. Current
-,
. Tot 1 b. C1.117.111PROGRAM
D I 141vy DI 1 5
El,
ADI 411DI 1 61 DI 14
0 15
DI 4 6° 1 15
. A. Classroom Tralning 10ceue. Ship)
26
3. Classroom Tralni9p (Other)
31 1
C. On-tne-Job Training
36 1
: D. Worts Experience ((nSchool)
41
' E. Worts 6054,3020, 1011.446
F. Pub, 5rv. Employ. (71.DerV/or711-302)
i1 5
5
6
6
6
0
7
0
1. PSE Participants In Trng./Servlszs
S6 3
3
3
3
3 -I
0
4
0
G. Career Employ. Eaperiend (YETP)
61
M. Transition Services (YETP)
66
II
IV. OTHER, ACTIVITIES: Indicate other activities or special Programs on artaehments. Describe their objective and list milestones torrent
their achievement in • quanYratire or narrative presentation.
ETA 2202 (May 19601
SIGNIFICANT SEGMENTS (Program Year -to -Data Plan)
101 161
111218«
{p1
1013 LYL1
iV.
10161$111 10I9L8Il-7
11128
i
j0T3�8-j1I 1oi 618 1
(0 19811
7. 8.8418 126
0
1
1
1,
G.551. over
26 0
0
D
R
3. Ferule 131
5
5
5
5
H. W{N.H.)
31 3_
3
3
3
C. )96 unm136
0
0
0
0
I.B•INli.l
36 1
1
1
1
::. 20-21 141
0
Q
0
0
J. 0,60.8(6
41 1
2 2
2
-- 22-44 146
4
4
4
4
14.AI & AN
86 0(1
(t
n
-.45-54 151
1
2
2 - 1 2
L. A L P.I.
51 0
V( }0
1
0
ETA 2202 (May 19601
us. DErnnjme UUor OGETGMATIONIand TreinIng. SUMMARY AdministrationAdministrationINFOR
y �v9r CONTRACT KEY MOD. DATE
Z W Z•
S11p . - Mnd.
ON aa W W Pr 09• P10(e Cl prpf, Comp• No.
Code neg. 51. F.V. Number No. Code MMDDYY
WO GLLq 0 I 1 n e 6 10 11 12 14 15 1-611.7 1E119 20 21 22 23 2425 26 27 20 29 30
A. CONTRACTOR'S NAME AND ADDRESS
Flour Bluff Independent School
5, District
2300 Waldron Road
Corpus Christi, Texas 78418 .
o t 7 e 9
E. BUDGET SUMMARY COST CATEGORIES
ESTIMATED FEDERAL. UNEXPENDED
0,111 /•V•y,.•r..: r •�. .
O . CONTRACT NUMBER
C. I VVE Oe -151-7".r0
U II • B.0
XII • 0
O 111
O IV
NEW OR REVISED rCDERAL BUDGET
4. Poral e. YETP In.School
O VI
O Vu
O Other
2. Allowances
3. Wager
4, rrlmre Oene rite
5. Work 511e Supervision
1)
1. Prime Sponsor Obligations
G
F. CUMULATIVE QUARTERLY PROJECTIONS
21 22 23 2a 25 f 3 21 22 23 24 2
1
1 2 8 0 o (t8
i5.r=i? i 1 23r..,.
s 2G 6,800 c 3 26 $ 13 600
35 6,800
$ 20,300
OF OBLIGATIONS AND EXPENDITURES
t..a.
2
2. Total Protected Ellpendlluree by Pr09rern
_a. Classroom Training, Prime Sponsor
D. On.Ihe.Job Training
•c. r5E
(1) Subsldlaed Employ. (W4ges/rrlreEe11
(7) Trn9. (Wages/Fringes or Allow.)
(31 Services (Wa9ei/Frin9es or AIIOW.)
4 1N.
44
62
$ 6,800
44
53
13.600
62
$ 13,600
(41 Tang. COilr (No compensallnnl
(5) Services Costs (No com040314t00
G 4 20
35
44
4 26
el, Work Experience
e, Service) to Per1IClPanta
1, Olner )k Holli)%
^ 53
4:' 62
44
g, Career EmplOYmenl Experience
h. TrensIllun 5el,lcos
5
26
35
G 5
I. Votallonel EyPlurallon Program
(, 540114/1 Entitlement
3. Proleeled Expenditure* 01 Non•Fed, Fund
4. e. Up9redIn9
b• Retraining
53
62
71
G
5
2
,w
53
62
71
2G
35
44
62
ti
a 5,26
2 3
e 3f6
"• 52
14
.3
(Fo
Q uorlrr Ending)
1 22 23 24 25 1 2 1 21 22 2324 25
0 6 1 G s 8 1
$ 20,300 c 3 z6 $ 20,300
20,300 7 35 20,300
53
$ 20.300
4 r6
4
14
0 5
62
71
2G
35
44
53
62
71
$ 20.300
3
.2
G{ GpG
44
53
62
71
26
ETA 5145 (May 1'901
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Armando De Leon
4. CONTRACTOR
DISTRIBUT
ION OF FUNDS A
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
Flour Bluff Independent
School District
School
District
City of Cor-
pus Christi
10. TOTAL
2. CONTRACT NUMBER
3. TITLE
II -D
dD JOBS
8.NO. OF
9. FUNDS
JOBS
5
$ 20,300
5
$ 20,300
11. OTHER ACTIVITIES
12. TOTAL
$ 20,300
(1)
(2)
PSE BUDGET SUMMARY SWEET
Contractor: Flour Bluff I.S.D.
2300 Waldron Road
Corpus Christi, Texas
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(G)
(D)
(E)
Title II -D Positions
Teacher Aide 3.20/ph
2(1
554
3
$1',662
3.35/ph
2(2
580
10
5,800
Library Asst./Crossing Guard 3.20/ph
1(1
554
3
1,662
3.35/ph
1(2
580
5
2,900
Cafeteria Assistant 3.20/ph
1(1
554
3
1,662
3.35/ph
1(2
580
5
2,900
*Grounds Maintenance 3.20/ph
1(1
554
3
1,662
3.35/ph
1(2
580
1
580
(1 - Wages from 10/01/80 thru 12/31/80
(2 - Wages from 01/01/81 thru 05/31/81
*Position to be deleted 01/31/81
TOTAL
5
33
$18,828
FnTNGE BENEFITS
$ 1,154
1. FICA 6.13%
2. Workmen's Compensation 4.28% per Maint., .27% per Aide
318
3. Other (Specify)
4, other (Specify)
5. Other (Specify)
• Sub -total fringe benefits
1,472
TOTAL
$20,300
11.5. I11!1'A11 lelr:N 1 01- I.Alll)IL • Employ men, end "Iralillue nil n.li il, I, 011011
P S E OCCUPATIONAL SUMMARY
2. CONTRACTOR' S NAME AND ADDRESS -
Flour Bluff Independent School District
2300 Waldron Road
Corpus Christi, Texas 78418
3. TYPE OF PROOIIAM ("X' oppropr(ele bur(nll
e. 11 • D b. In VI C. 0 Speclal GOvOfno/'I
CO outer (Sp WY)
Grant
4. PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
N. OF JOBS
_
I
CO M AO E[ILE
__-.. ..Ifs _ ,e. -,,a_
CETA WAGE
�Qj ....a......_,_.....-
•ANNUALIZED NON-CETA
SUPPLEMENTATION'
p WAGE SALARY
PERSONYEARS
OF
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
__{EI
IF)
I01
IA)
IA1
(GI
•
1
Subcontractor
2
1
1
1
$ 6,882
6,882
6,882
6,882
0
0
0
0
1.085
.661
.661
.330
$ 7,462
4,562
4,562
2,242
Flour Bluff Independent School District
On Board 9/30/80
Teacher Aide
Library Asst./Crossing Guard
Cafeteria Assistant
Grounds Maintenance
•
o, TOTA4 r— �-
_ t
5
2.737
_:L•TA_22PO
$ 18,828
IA Pr. 1
1.,..05J'ART5ArENTOF1A50:1
arap:oy,r,rri and -0,1oInf.•
CETA MONTHLY SCITED13LE
:OMB App -,t ,-4-R165.5
CONTVAC".1
b. 7V'5 PitocRnm(Xo,e)
c -CONTRACTOR'S NAME AND A9DRESS
Flour Bluff Independent School District -
2300 Waldron Road
Corpus Chirsti, Texas 78418
MON7H
U - 0 VI
0 .S:;.cl-A c:.r-Ant to On,r,rocd,
cuNTRAcTKEy
7T:5-
1.-.2.--1 irTM
1
- - v'-'1:''' uul 7.S •
y •
C —
,
5. 17 Ft I 5 10 114.1211.311.41!".:1151141415} 2521
ENO OF MONTH
-0 PLANNE0 CURRENT biROLLmENT
A. PSE C.NoN4-'5
r4
/ 1
22 25
7 Co. 1'6 6?
11810 5
1 1,2 810 5
• 1 t 8 1 3.
3
PPOJEt-71-,D
Y EXpEND:-17,_? F.1-11
MON25
1,692
3,384
•
6,800
• 2 1 8 1 1 4
• 1 3 8 1 4
C- I 4 1 8 1 1
4
O i 5 18,11 4
11
6,768
8,460
13,600
• 15,833
18,066
20,300
20,300
20,300
$ 20,300
ETA 22030 (avr. 1979)
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that.:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved
by the Coastal Bend Consortium.
b. It will comply with D'B 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 ex-
perienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of. race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will 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. L. 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 $100,000, or if a facil-
ity
acility 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 other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award,of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized for the grant is
under consideration to be listed on the EPA List of Violating Facilities; and
(3) it will include substantially this assurance, including this third part, in
every nonexempt subgrant, contract, or subcontract.
4. The applicant/contractor will comply with all provisions of the appropriate
Coastal Bend Consortium Comprehensive Employment and Training Plan which consists
of the Master Plan and Annual Plan.
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 11; been duly.
authorized. -
Flour Bluff Independent School District 2300 Waldron Road, Corpus Christi, TX
Legal Name of Applicant Address
Mr. W.K. Claborn, Superintendent
Signature of Authorized Officer Typed Nanie & Title of Authorized Officer
October 1, 1980
Date of Application
SPECIAL CLAUSES
1. CHANGES
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
:he 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
?rime Sponsor's Contracting Officer, which causes anysuch changes as enumerated in (a)above,
shall be treated as a change order under this clause: Provided, that the Contractor/
Subgrantee gives the Prima 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 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, ho -:ever, 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 speci-
fications.
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt of a written change order
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-.
f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
e 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
'•-iting , 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, resulting from as
oral 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 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 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).
?my 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 or 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
places 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
of 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) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other 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 law.
(7) The contractor will include the provisions of para;,raphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 theinterests of the United States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under the Fair Labor Standards Act
including any special rate provided by specification''.under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees dr trainees, or (2) Any minimum rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will nct 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
by 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. TERMINATION
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 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 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/
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 performance is due to causes beyond the control
and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi-
sicns 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
?rime Sponsor's Contracting Officer, the Contractor/Subgrantee shall:
(1) Stop work under the contract/subgrant on the data and to the extent specified
in the Notice of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
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 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; (1i)
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
?rime 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 Contractcr/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
proceeds of any such transfer or disposition shall 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 the. work covered by this contract/
subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct;
(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 nay 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
?egulaticns (41 CFR 1-8.1), as the definition nay be amended from time to time, the
Cc-ntractor/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
ereviously disposed of, exclusive of items the disposition of which has been directed
er authorized by the Prime Sponsor's Contracting Officer, and may request the Prime
Seensor 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
them 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 removal of
the iters or, if the iters are stored, within forty-five (45) days from the date of sub-
mission 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 2otice`of Termination,' the Contractor/Subgrantee shall submit
:0 the Prime Sponsor's Contracting Officer his termination claim in the form and with the
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be
:..:._itted promptly but in no event later than one year from the effective date of term
=:nation, 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 time allowed, the Prime Sponsor's Contracting Officer ray, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
:his 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
ccntract/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
vermination 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
bythe contracting agency's procedures in effect as of the date of execution of this
ccntract/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 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 Sponsor's Contracting Officer: Provided,
however, That the Contractor/Subgrantee shall proceed as rapidly as practicable to
ciscontinue such costs;
(ii),There shall be included therein so far as not included under (i) above,
_he cost of settling and paying claims arising out of the termination of work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge-
v=ie to the terminated portion of the contract/subgrant;
(iii) There shall be included in the reasonable costs of settlement, including
eccountirg, legal, clerical, and other expenses reasonably necessary for the preparation
cf settlement claims and supporting data with respect to the terminated portion of the
co=tract/subgrant and for the termination and settlement of subcontracts thereunder,
_e-ether with reasonable storage, transportation, and other costs incurred in connection
.ith the ;rotection or disposition of termination inventory: Provided, however, That if.
the ter-urination is for default of the Contractor/Subgrantee there shall not be included
z y 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
ccntract/subgrant determined as follows: ,
(A) In the event of the termination of this contract/subgrant 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 equivalent to the percentage of the com-
nletion of work contemplated by the contract/subgrant, less fee payments previously made
hereunder; or
(E) In the event of the termination of this c^retract/subgrant for the default
of the Contractor/Subgrantee, the total fee payable shall be such proportionate part of
the fee (or, if this contract/subgrant calls for articles of different types, of such part
of the fee as is reasonably allocable to the type of article under consideration) as the
total number, of articles delivered to and accepted by the Prime Sponsor bears to the total
:umber of articles of a like kind called for by this contract/subgrant.
If the amount determined under this subparagraph (1) is less than the
total payment, theretofore 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:' (I) if there is no right of appeal hereunder or if no timely
appeal has been taken, the amrunt 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 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 work 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
contract/subgrant.
i. The Prime Sponsor nay from time to time, under such terms and conditions as it
nay prescribe, make partial payments and payments on account against costs incurred by
the Contractor/Subgrantee in connection with the terminated portion of the contract/
aubgrant 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
-^.titled 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/
.uhgrantee 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:
Provided, however, That no interest shall be charged with respect to any 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 inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. TERMINATION FOR CONVENIENCE
The provisions set forth iit this clause. 9b shall govern in lieu of clauae 9a should
:his contract/subgrant be for experimental developmental or research work and the
Contractor/Subgrantee is an educational institution or other nonprofit institution on a
n.:. -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 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 iters. 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,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the ?rime Sponsor, in the manner at the time, and to the extent.
directed by the 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 cut of the termination 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 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
principles set forth in the ALLOWA312 COST, FILD FEE, AND PAYMENT 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 Prinz Sponsor's Contracting
Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Ccntractor/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 outstanding 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
Ccntractor/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/subgrant and the Contractor/Subgrantee shall be paid the agree.
amount.
f. The Prime Sponsor may from t(me to 'time,' trder such terms and conditions as it
ray prescribe, makes 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
_rime 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 arid 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 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 the Contractor/
Subgrantee ander 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 nay 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.
10. LISTING OF EMPLOY1ENT OPENINGS
(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
,calified 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
wherein 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
State employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $10,000 or if it with a State;or.local
government the reports set forth in paragraphs (c) and (d) are not required.
b. Listing of employment openings with the employment service system pursuant 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 acceptance of referrals of veterans and nonveterans.
Yids listing of employment openings does not require the hiring of any particular job
applicant or from any particular group of job applicants, and nothing herein is intended
to relieve the Contractor frcn any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
c. The reports required by paragraph (a) -of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall 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 read to advise the State syster 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 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) "Ali suitable employment openings" includes, but is
not limited to, openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory;
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 employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
() "Appropriate office of the State employment service system" means the local office
of the Federal -State national system of public employment offices with assigned responsi-
bility for serving the area of the establishment where the employment opening is to be
filled, including the District of Columbia, the Commonwealth of Puerto B.ico, Guam, and
the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates,'euls-
sidiaries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employment openings for which no consideration will be
given to persons outside of a special hiring arrangement, including openings which the
Contractor proposes to fill from union halls, which is part of the customary and tradi-
tional hiring relationship which exists between the Contractor andrepresentatives of his
employees.
(5) "Disabled veteran" means a person entitled to disability compensation under laws
administered by the.Veterans Administration for a disability rated at 30 percentum or more,
a person whose discharge or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
_art 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 regulations applicable 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. S. 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 Prima Sponsor's Contracting Officer, who shall -reduce his
recision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, the Contractor/
S'bgrantee rails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
'.ritten 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
'.idence in support of its appeal. Pending final decision of a dispute hereunder, the
Contractor/Subgrantee shall proceed diligently withthe performance 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 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
recision 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 sub-
_ontracting 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 iamediate 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,
-less otherwise provided, thereon,the inconsistencies shall be resolved by giving
precedence 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.
Juae 2, 1975 - No contractor exceed 17% for administrative cost and All 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.
April 23, 1980 -The mileage allowance raja to participants, when using their personal auto-
:cbile for approved travel, is $.18 per mile.
17. -Texas Education Agency (T.E.A.) Certification
The contractor agrees that instructors of participants' classes must be certified by the
Texas Education Agency. Exceptions will be made only in areas in which T.E.A. doesn't certify.
18. Cancellation of Banding or Insurance Policy
The contractor agrees to notify CETA Administration immediately upon any cancellation of
any bonding or insurance policy which relates to performance of Administration or Services centra
9. Subcontracts, Teases, and Agreements
GDntractors must provide a copy of all executed subcontracts, leases, and agreements
I fall docunents are immediately due upon execution at CEPA Administration).
20. AvaiThhility of Funds Clause
The prime sponsor's obligation hereunder is contingent upon the availability of ap-
-Jropriated funs frau which payment for the contract purposes can be made. No legal
j liability on the part of the primo 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 Of -
`icer, is given to the contractor.
• This request does not commit the prise sponsor to, pay•for costs incurred in the sub-
mission of a proposal or for any costs i purred prior to the execution of a formal con-
tract 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 con-
tional and final approval is subject to levels and conditions contained in the final
Year 1981 appropriations or continuing resolution.
21. Complaint and Grievance Procedures
The contractor acknowledges that it has specific ccmplaint and grievance procedures
available to participants -and prospective participants which are consistent with the CETA
regulations, 20 C.F.R. Section 676, Subpart F, and the Coastal Bend Consortium Complaint •
and Grievance Policies and Procedures. The contractor also assures the prime sponsor that
participants shall be n=o=Tided, upon enrollment into employment or training, uith a written
description of the
complaint procedures, including notification of this right to file a
twlaint and instructions on how to do so.
B. All monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary 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 monies 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.
First National Bank of Flour Bluff
BANK NAME
SIGNATURE DATE
Barbara Greater
TYPE NAME
Cashier
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
$ N/A
Coastal Bend Consortium Flour Bluff Independent School District
SIGNATURE
Mr. R. Marvin Townsend
CONTRACTOR'S NAME
DATE SIGNATURE
W K Clahnrn
DATE
TYPE NAME TYPE NAME
City Manager Superintendent
TITLE TITLE
AGREENENT FOR SPECIAL P.ANX ACCOUNT
•
The Flour Bluff Independent School District hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and First National Bank of Flour Bluff
a banking corporation located at 10333 P.I.D., Corpus Christi, Texas
hereinafter referred to as the Bank, hereby mutually agres-as follows:
1. As a condition to the making of advance or supplemental payments
under the Contract
between tha contractor and the prima sponsor amounts advanced to the "
contractor by the prime sponsor shall be deposited in the account
established at the bank, designated as the " CETA II -D
Special Bank. Account," hereinafter referred to as the
Special Baak Account.
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
ontractreferred 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
Ban_: Account except by persons named in said contract as
authorized to incur and pay costs on behalf of the contractor,
b_ shall not b responsible for the application of funds withdrawn
from. the account.
4. rine sa- shall have a lien upon the credit balance in the
Special Banc 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 w-ith such written directions.
6. In the event of the service of any writ -of attachment, levy, or
execution, c.` he commencement of garnishment proceedings with respect -
to the SpecialBank 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 c4dsing
of this Special Baak Account.
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $2,540
is hereby authorized.
Subsequent payment must be requisitioned monthly on a form prescribed by
the Administrative Unit in conformance with federal requirements as outlined
in the Fiscal Activities Guide for Prime Spon$ors 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 Fed-
eral 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 follow-
ing 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.
Armando De Leon
Chief Accountant
2. Will the Accounting System be directly
maintained by you?
CYes I 1No (If no, who will main-
tain the accounting
system?)
Name and Address
Flour Bluff Independent School District
2300 Waldron
Corpus Christi, Texas 78418
3. The Department of Labor audit requirements are that the contractor shall retain all
records for three (3) years after submittal of the final closeout report or until
all questioned costs are resolved whichever is longer.
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 account
ing requirements of the Manpower Administration.)
E.S.D. Automated Batch System
USE OF CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
rect and complete.
SIGNATURE DATE
W.K. Claborn, Superintendent
TM Tim TTr
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provided by this contract.
W.K. Claborn
R.H. Richards
Nat S. Qualia
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (fume):
Effective Date of Policy: Policy No.
Amount of Coverage:
Attach copies of the premium and policy of the described Insurance.
WORKERS' COMPENSATION OR MEDICAL
AND ACCIDENT INSURANCE
Insurance Agency (Name, Address; and
Telephone Number) :
Insurance Company (Name):
Effective Date of Policy: Policy No.
Attach copies of the premium and policy of the described insurance.
Attach an additional form and copies of the premium and policy if there
are separate policies for participants and staff.
• f •
AUTOMOBILE LIABILITY INSURANCE
The contractor agrees that any activity using a motor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci-
dent for property damage.
Ensures that the Department of Labor (DOL),the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverace:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts and Property Management, 41
CFR 29-70, July 20, 1979.
§29-70.202 b-2 Insurance.
,CONTRACT SIGIi;ATdR1 SHEET . CONT,RACT NUMBER MODIFICATION NIVBER s
PROGRAM AGENT: City f C $ Christi CONTRACTOR: Lulac ducational Service Center
P.O. �ox �p/� 702 Morgan
Corpus Christi, Texas 78408 Corpus Christi, Texas 78404
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Lulac Education Service Center , 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 30 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, 1980 to
September 30, 1981 •
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
II -D
FISCAL YEAR
TOTAL _
$ 16,100
FY 81
—$
FY
FY
16,100
Total
$ 16,100.
$ 16,100
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
Ruben Gonzalez, Field Center
Name and Title Director
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED:
DAY of
acl Attorney
1181)
L -7-)e c
(1)
(2)
PSE BUDGET SUMMARY SHEET
Contractor: Lulac Educational Service Cent.
702 Morgan
Corpus Christi, Texas
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(C)
(D)
(E)
Title II -D Positions '
College Placement Specialist Asst. 3.50/ph
2
606
22
$13,332
TOTAL
2
606
22
$13,332
FPTNGR BENEFITS
$ 862
1. FICA 6.13%
2. Workmen's Compensation Prof. 7.1%
951
3. Other (Specify) Life & Health Insurance
4. Other (Specify)
955
5. Other (Specify)
Sub -total fringe benefits
$ 2,768
TOTAL
416,100J
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Ruben Gonzalez
4. CONTRACTOR
DISTRIBUTION OF FUNDS A
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
Lulac Educational
Service Center
Non -Profit
Organiza-
tion
City of Corpus
Christi
10. TOTAL
11. OTHER ACTIVITIES
2. CONTRACT NUMBER
3. TITLE ,
II—D
dD JOBS
B.NO. OF
9. FUNDS
JOBS
2
$ 16,100
2
$ 16,100
12. TOTAL
$ 16,100
OMB Approval P. 44.
Cs. OEPhRTMENT of LABOR
:oloYrn'nl and Training Admin6Vatlo,
CETA PROGRAM
4 -CONTRACTOR'S NAME AND ADDRESS
Lulac Educational Service Center
B. CONTRACT NUMBER -
a r
PLANNING
SUMMARY
702 Morgan
Corpus Christi, Texas 78404
C. PERIOD OF GRANT
From 1 To
10/01/80 9/30/81
FOR REGIONAL OFFICE USE ONLY
D. TYPE OF PROGRAM ("X" epprINPIMr bo...))
toT378111 101,611311. 1019E 11
CO6TP.ACT KEY
.
MOD. DATE
tt
-9 -'
_4 C
[ 1-
C 61
0 Nle, t'
O 1 o p
cU
;,
0
w
4
=
.�
to ti 2
qv
UU
u
Z
MM
DD
YY
EX
s; 0 11 - B -C BA 11 -0 0 vi 0 VII
0 111 (Specify)._...__._ �..__.--___
?O
O. I
I1
0
I.^. 19 1 89.9 36
0
1
_ 0
0
1.•IN.N.l
6
36
0
0
_%1 1
2 3 1. IS
6 17
6 19
10111 12133 14115
16 117 10
19120
21 22123
24 25
26 27
2Af29
Other (Spec fy) •_.•Y ..... `•—•,T�—
I. PARTICIPATION AND TERMINATION SUMMARY
lI 2
3 Q 22.1=
21 22123 24
25
21125 23 24 25
21122
23 24125
-4B-54 1151
D1
�27j1�22
1 ,q 1 11 2130
013(8
1
Lo(6f 8_1
j0
9,811
A. TOTAL PARTICIPANTS
26 .0
0
0
Nor 1. NParticipants -
31 0 -
_ 0
' 0
/0 11
2. Transfers Iron% other Subparts
36 0
0
0
0
3. Participants Carried Over
41 2
2
22
0. TOTAL TERMINATIONS
46 0
0
0
2
3. Entered Unsub. Employ. •
51 0
0
0
1
a. D)rect Placement
56 0
0
0
0
h. Indirect Placement: (1) Thr, Sponsor,
61 0
00
• 0
(21 Other Indirect
66 0
0 J
0
1
2. Transfers to ether 5,9,1,10
71 0
0
0
0
3. Addltlonat Positive Terminations
76 0
0
0
0
a. Ret. to/Continua Full -Time School ID 1 12
26 0
0
0
0
4. Other Terminations
31 0
0
0
1
0. TOTAL CURRENT PARTICIPANTS (End•of•Querter)
36 2
2
2
0
1. Active Non•P5E Participants (1).0 or VIP •
41
. 11. SPECIAL CATEGORIES
prn>,alc, t.ws
.w3;
#F-+ -rl
A. UNSUB. PRIVATE SECTOR PLACEMENTS, -
46 0
J 0�
0
a. TITLE 1) - C: (1) Upgrading
51
..0
(21 Retraining
56
C. TITLE IV: (1) GED C0 tricat.
61
(2) Acadenlc Credit
66
(3) Special 61141,,• COm9on9n1 (YETP)
73
(4) Limped Services (YETP)
76
D. SPEP: (1) Vocational Exploration Pegram 1 D1 1 3
26
{ (2) Summer Entlnem.nt Program
31
(3) Concurrent Participation In: (a) TI:1+ 91 8fC
36
(5) YETP
)11
(0) YCCIP
46
111. PARTICIPATION I141Total
b. Current
. Total b. Currant
a Total b. Current
aa. Tot I
b. Currant
PROGRAMACTIVITIES 13 14
-° D 5F.1,131
:
4 D1 'SRI
DI 14 MDI 19i4,131
4
D I I5
A. Classroom Training (0ee.p. Skil) 26
9. Crasuoom Training (Other) 31
C. On-tne•3ob Training
36
1 0. work Experlenc (loSehool)
41
E. Wort, E:war)ri.nos (01h
46
F. Pub. So. Employ. (11-0 or VI or 171.302) 151 2
2
2
2
2
2
2
0
I 1. PSE Participants In Trn9JS.rv)oes b6 1
1
1
1
1
1
1
0
( G. Career Employ. Experieno 17E17)
I::
- -
1 H. Transition Services (YET') 66
IV. OTHER. ACTIVITIES: Indicate other activities or special programs on attachments. Desoib9 heir objectiles and list milestones toward
their achievement in • quantitation or narrative presentation.
ETA 2202 (May 10101
V. SIGNIFICANT SEGMENTS (Program Year -to -Dale Plan)
[ 101_ Is 1
111 21,8 LO
1013L8j1
1BL6I811_10I
91-811...sDL
Ill 1.31_21810
toT378111 101,611311. 1019E 11
A -Mal. 26
1
1
1
1
G.ssip...
26 0
0
0
0
13. Ferule 131
1
1
1
1
N. W-(NJ1.I
31
0
0
0
I.^. 19 1 89.9 36
0
0
_ 0
0
1.•IN.N.l
6
36
0
0
r0
U
0
-:. 20.21 1
0
0
0
0-
J. Nisbanll
44
2
2 1 2 1 2
-. 22-44 yah
1
1
1
1
K. Al & AN
46
0
0 1 0 0
-4B-54 1151
1
1 1
1
I 1
L.A.AP.1, I51
0
I
0 1 0 0
ETA 2202 (May 10101
U.S. 111:1'AIITAIEN'1' 01' 1.Alll)Il • Eo ployiuenl lrahllne .\Jiuliil, [,u Ilan
P S E OCCUPATIONAL SUMMARY
2. CQNTRACTOR' S NAME AND ADDRESS
Lulac Educational Service Center
702 Morgan
"Corpus Christi, Texas 78404
S. TYPE OF PROGRAM (")C"atproprlefe boxier))
i. iii n o b. 0 VI e. 0 SPecIrI Oovernaei Gnnl
d. 0 other ISP euy)
4. PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
.
NO. OPJODS
COMPARABLE
WAGE
.,_...__(CI.:.�.._
ANNUALIZED
WAGE
(01
SUPPLE CNT AT
or
OF WAO E�ALAR.Y
(E)
PERSONYEARS
OF
EMPLOYMENT
PLANNED
A
TOTAL
ANNUALIZED
WAGES
IA/ _
(G)
(0)
Subcontractor
2
•
•
$ 7,272
0
1.833
$ 13,332
Lulac Educational Service Center
On Board 9/30/80
College Placement Specialist Asst.
•
•
5. TOTAL r. 7►—
2•
1.833
$ 13,332
rtA 91110 IAn,. IS
:OMB Approval No. 44-#1653
1a• U.S. DEPARTMENT OF LABOR
Employment and Training Administration
CEA MONTHLY SCHEDULE
CONTRACT NUMBER
b. TYPE OF PROGRAM ("C"one)
Nji tr - D o vI
0 special Grant to Governors
CONTRACTOR'S NAME AND ADDRESS
Lulac Educational Service Center
702 Morgan
Corpus Christi, Texas 78404
- FOR REGIOnAL OFFICE USE ONLY
CONTRACT KEY
11 PLANNED
.g
.l)"
r"
A. PSE
-'7.
o;
az
-Ill
w
31
1
36
$ 1,350
'
1 1 1 1 81 0
M.
4 3
6 7
8 9
10 11
12 13 14
1116 1 161'
2(
21
ETA 22028 (Apr. 19191
END OF MONTH
IIi. PROJECTED
CUMULATIVE
EXPENDITURES
.13Y MONTH
-
1. MONTH
11 PLANNED
CURRENT ENROLLMENT
A. PSE
H. NON -PSE
22
;lit; lI 16
26
2
31
36
$ 1,350
'
1 1 1 1 81 0
•
2
2,700
1 1 2 1 8.1 0•
2
4,050.
0111811
2
5,400
0 1 21 81 1
2
6,750
0131811
2
8,100
0141811
2•
9,450
o 1 5 1 8.1 1
2
-
16,800
o 161811
2
12,150
0171811
2.
13,500
0 1 8 1 8 1 1
2
_14,850
0191811
0
$ 16,100
1 1 1
.
I L
I I 1
1 11
1 1 1
ETA 22028 (Apr. 19191
VEl'AfiTMENT OF LABOR • Empioymeni end TreMIng. Adminhiretlon
BUDGET INFORMATION SUMMARY
3▪ 2.
QZ0
w
CONTRACT KEY
P1;
c
e 4.
51.F.Y.
PNroLecble,
5051.
Pro).
No.
Como.
Code
Med.
No.
MOD.
MM 0 OY
5.
0
CO 1
3
3
4
6
7
9
10111
12171-41-16
17
16
19
20
21
22
23
24
25
26
27
26
29
30
A. CONTRACTORS NAMP: AND ADDRESS
Lulac Educational Service Center
702 Morgan
Corpus Christi, Texas 78404
o• CONI RACY Nli,\11;1'.1:
-C7791TE-65r-rn 0G n,701—T\
O II • 13.0 0 Vi
6x It - 0 0",
O 111 CI 0)636
o iv
E. BUDGET SUMMARY COST CATEGORIES
a. GRANT PROGRAM
FUNCTION OR ACTIVITY
ESTIMATED FEDERAL UNEXPENDED FUNDS
b. Total
5. Administration
2. Allowances
3. Wages
4. Fringe 5ene111s
5. Work site Supervision
6. Training
2. Services
s
2
3
. Totals
26
0. YETP In,School
NEW 011
0. Total
REVISED
FEDERAL BUDGET
e. VETP 10.505051
f. TOTAL
,",'"*"•,;•1
„ . .
• ..............
44
$ 16,100
F. CUMULATIVE QUARTERLY PROJECTIONS
OF OBLIGATIONS
AND EXPENDITURES fro Ouorter
21
22
23
2
24
8
2;
0
d4:1'
21
22
0
23
3
24
75
IV
22
23 24 25
8
0
6
3
1. Prime Sponsor Obligations
2. Total Projected Expenditure. by Program
Classroom Training. Prime Sponsor
66. On.lhi.Job Training
•C. PSE
(11 Subridited EMPIOV. (Wa941/Fr1R3o0
12) Troll. Magas/Fringes or Allow.1
131 Service' (Wages/Fringes or Allow.)
141 Trng. Coal% INo compenealien1
151 Service' Coll% IN° compensation)
4. Work Experience
lir Service% to Participants
..1.1-Ltik,-lallL1111.1= 1 2 3iigai.:gga..1'.
C 326 $ 4.025 0 32
4,025 6177 a
44 47
44
53
62 1 62
53
$ 4.025
6. 01566' Activillel 71
9. Career Employment Experience 0 5 26
h. Transition Services
1. Vocational Exploration Progrem
:.15 53
3, Projected ExpendltUrel of Non•Fed. Funds ,U 62
4. a. upgreding 71
J. Summer Entitlement
b. BetrilnIng 0 6 26
71
O 4 25
7FOA 3'
44
53
62
VM•71
5 26
35
44
62
71
O 0 26
8,050
2 3
0 3 26
35
$ 8,050
$ 12,075
—12,079
3 26
35
21 22 23 24 25
0 9 8 1
16,100
16.100
62
$ 12,075
$ 16,100
M:S 71
4 \16
15
3
;2
G 5'5
7
•c:;.;•
0
4 26
35
53
ri!
G
„.„
07
71
5 26
.35
44
53
62
71
6 76
ETA 5145 /May 11601
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved
by the Coastal Bend Consortium.
b. It will comply with 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 ex-
perienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing.
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of, race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will 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. L..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 $100,000, 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 other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award,.of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized for the grant is
under consideration to be listed on the EPA List of Violating Facilities; and
(3) it will include substantially this assurance, including this third part, in
every nonexempt subgrant, contract, or subcontract.
4. The applicant/contractor will comply with all provisions of the appropriate
Coastal Bend Consortium Comprehensive Employment and Training Plan which consists
of the Master Plan and Annual Plan.
ASSURANCES ANO 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.
Lulac Educational Service Center 702 Morgan, Corpus Christi, Texas 78404
Legal Name of Applicant Address
Ruben Gonzalez, Field Center Director
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1980
Date of Application
SPECIAL CLAUSES
1. CHANGES
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
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
?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/Subgrantee to an equitable adjustment hereunder.
d. If any cbaage 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
tinder this contract, whether or rot 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 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/Subgraatee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt of a written change order
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 ray 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. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
e 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
iting, 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, resulting from as
oral 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 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 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 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
ere 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 or 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
places 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
of 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) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other 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 law.
(7) The contractor will include the provisions of para saphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 Standards Act
including any special rate provided by specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees'or trainees, or (2) Any minimum rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. 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 performance and
consultation with tha 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 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. TERMINATION
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.
Amy 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 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/
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 performance is due to causes beyond the control
and without the fault or negligence of the Coatractor/Subgrantee pursuant to the provi-
sicns of the clause of this contrect/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
Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall:
(1) Stop work under the contract/subgrant on the datn and to the extent specified
in the Notice of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prine 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 termination of such orders and subcontracts;
(5) With the approval or ratification of the Prima Sponsor's Contracting Officer,
to the extent he may require, which approval or. ratification shall be final and conclusive
fcr 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 tines, and to the extent directed by
the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination; (ii)
thecompleted or partially completed pians, 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 cr 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
proceeds of any such transfer or disposition shall 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 the work covered by this contract/
subgrant or paid in such other manner as the Prima Sponsor's Contracting Officer may direct;
(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 nay 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
Pegulations (41 CFR 1-8.1), as the definition nay be amended from time to time, the
Ccntractor/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
reviously disposed of, exclusive of items the disposition of which has been directed
tr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime
Si-cnsor 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 cr 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 iters or, if the items are stored, within forty-five (45) days from the date of sub-
mission 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/Subgrantee shall submit
to the Prime Sponsor's Contracting Officer his termination claim in the form and with the
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be
s�b:itted promptly but in no event later than one year from the effective date of term-
ination, 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 ray, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
:his 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 Contractor/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 is 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 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 Sponsor's Contracting Officer: Provided,
however, That the Contractor/Subgrantee shall proceed as rapidly as practicable to
discontinue such costs;
(ii) There shall be included therein sofar as not included under (i) above,
_he cost of settling and paying claims arising out of the termination of work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge -
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,
_-tether with reasonable storage, transportation, and other costs incurred in connection
the protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/Subgrantee there shall not be included
zny 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
ccatract/subgrant determined es follows:
(A) In the event of the termination of this contract/subgrant for the
convenience of the Prime Sponsor and not for the default of the. Contractor/Subgrantee,
there sail be paid a percentage of the fee equivalent to the percentage of the com-
pletion 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,
cf 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
,:tuber 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
shall 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 work 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
contract/subgrant.
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
--titled 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/
.ubgrantee 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:
Provided, however, That no interest shall be charged with respect to any 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 inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. TERMINATION FOR CONVENIENCE CE
The provisions set forth in this clause 9b shall gevcrn in lieu of clause 9,g should
:his 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 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
tc 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,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the 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.
c. 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
principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT 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 ray 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
ancarts say include any reasonable cancellation charges thereby incurred by the Contractor/
Subgrantee and any reasonable loss upon outstanding commitments for personal services
wbich 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 agreement shall be embodied in an
amendment to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree.
amount.
f. The Prime Spcnsor 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 aaount 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
Spcnsor, including: (1) Completed or partially completed places, 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 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 terminatio-:, 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.
10. LISTING OF EMPLOY1ENT OPENINGS
(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
c,;:slified disabled veterans and veterans of the vietnam era, that all suitable employment
openings 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
c:herein 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
State employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $10,000 or if it with a Stateror.local
government the reports set forth in paragraphs (c) and (d) are not required.
b. Listing of employment openings with the employment service system pursuant 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 acceptance of referrals of veterans and nouveterans..
This listing of employment openings does not require the hiring of any particular job'
applicant or from any particular group of job applicants, and nothing herein is'intended
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination, in employment.
c. The reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were aondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall 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 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) "Ali suitable employment openings" includes, but is
not limited to, openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory;d
technical; and executive, administrative, and professional openings which are comp
on a salary basis of less than $18,000 per year. The term includes full-time employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
(') "Appropriate office of the State employment service system" means the local office
of the Federal -State national system of public employment offices with assigned responsi-
bility for serving the area 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
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, sub
si.diaries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employt:ent openings for which no consideration will be
given to persons outside of a special hiring arrangement, including openings which the
Contractor proposes to fill from union halls, which is part of the customary and tradi-
tional hiring relationship which exists between the Contractor and representatives of his
employees.
(5) "Disabled veteran" means a person entitled to disability compensation under laws
administered by the Veterans Administration for a disability rated at 30 percentum of more,
or a person whose discharge or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
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 regulations applicable 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. S. 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
,recision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Price Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, the Contractor/
Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
.ritten 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
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 Officer'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 adminibtrative official, representative, or board on a question of tau.
13. SUBCO`TRACTING
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 iasaediate 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
precedence 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 All 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.
April 23, 1980 -The mileage allowance pairl to participants, when using their personal auto-
mobile for approved travel, is $.18 per mile.
17. Texas Education Agency (T.E.A.) Certification
The contractor agrees that instructors of participants' classes rust be certified by the
Texas Education Agency. Exceptions will be made only in areas in which T.E.A. doesn't certify.
18. Cancellation of Bonding or Insurance Policy
The contractor agrees to notify t..t2A Administration immediately upon any cancellation of
any bonding or insurance policy which relates to performance of Ar1m;n stration or Services contra.
_9. Subcontracts, Leases, and Agree-ents
C7ntractors must provide a copy of all executed subcontracts, leases,and agreements
(all documents are immediately due upon execution at eu A Administration) .
20. Availability of Funds Clause
The prime sponsor's obligation hereunr1Pr is contingent upon the availability of ap-
r-opriated funds from wi-iich 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 Of-
ficer, is given to the contractor.
• This request does not commit the prime sponsor to pay for costs incurred in the sUb-
::fission of a proposal or for any costs incurred prior to the execution of a formal can- -
1act unless such costs are specifically authorized in writing by the prime sponsor's
:antracting Officer. The levels of operation contained in the approved plans are con-
i tional and final. approval is subject to levels and conditions cantaine3 in the final
'iscal Year 1981 appropriations or continuing resolution.
21. Complaint and Grievance Procedures .
The contractor ackrow1 adges that it has specific complaint and grievance procedures
available to participants and pros:ctive participants which are consistent with the CEA
regulations, 20 C.F.R. Section 676, Subpart F, and the Coastal Bend Consortium Complaint
and Grievance Policies and Procedures. The contractor also assures the prime sponsor that
participants shall be provided, licon enrollment into ertployrrent or training,. ng, with a written
description of the complaint procedures, including notification of their right to file a
x,_Lwlaint and instructions on how to do so. •
3. All monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary 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 monies 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.
Nueces National Bank
BANK NAME BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
SIGNATURE DATE
$ N/A
Roy L. Clint
TYPE NAME
President
TITLE
Coastal Bend Consortium Lulac Educational Service Center
SIGNATURE
Mr. R. Marvin Townsend
CONTRACTOR'S NAME
DATE SIGNATURE DATE
Ruben Gonzalez
TYPE NAME TYPE NAME
City Manager
Field Center Director
TITLE TITLE
AGREEMENT FOR SPECIAL BANK ACCOUNT
The Lulac Educational Service Center hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prise Sponsor and Nueces National Bank
a banking corporation located at 1434 S. Port, Corpus Christi, TX
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 " Lulac Educational Service Center
SETA Title VI Special Bank Account," hereinafter referred to as the -
Special Bank Account..
2. The Bank is -"insured" within the meaning of The Federal Deposit
Insurance Corporacion 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). above, insofar as the deposit and_
withdrawalof funds in the above Special Bank -Account is concerned,
d particularly shall not permit withdrawal of funds from the Spacial
Beak Account except by persons named in said contract as -
authorized to incur and pay costs on -behalf of the contractor, •
but shall not be zesponsible for the application of funds withdrawn -
from the account.~ -
4.
The Prime ssn§tr shall have a lien upon the credit balance in the
Special Banti 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 ia, accord—
dance Wath 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 prima 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 caasiti3
of this Special Bank Account.
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $2,690
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 Fed-
eral 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 follow-
ing 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.
Ruben Gonzalez, Field Center Director
2. Will the Accounting System be directly
maintained by you?
L^ Yes FINo (If no, who will main-
tain the accounting
system?)
Name and Address
3.
The Department of Labor audit requirements are that the contractor shall retain all
records for three (3) years after submittal of the final closeout report or until
all questioned costs are resolved whichever is longer.
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 account
ing requirements of the Manpower Administration.)
General Journal, General Ledger, check stubs, bank statements, invoices,
purchase orders, evidence goods were received, etc.
USE OF CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
reet and complete.
SIGNATURE DATE
Ruben Gonzalez Field Center Director
TYPE NAME TITCH
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provided by this contract,
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective. Date of Policy:
Amount of Coverage:
Policy No.
Attach copies of the premium and policy of the described insurance.
WORKERS' COMPENSATION! OR MEDICAL
• AND ACCIDENT INSURANCE
Insurance Agency (Name, Address; and
Telephone Number) :
Insurance Company (Name):
Effective Date of Policy: Policy No.
Attach ccpies of the premium and policy of the described insurance.
Attach an additional form and copies of the premium and policy if there
are separate policies for participants and staff.
ga
AUTOMOBILE LIABILITY INSURANCE
The contractor agrees that any activity using a motor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci—
dent for property damage.
Ensures that the Department of Labor (DOL),the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverage:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts and Property Management, 41
CFR 29-70, July 20, 1979.
§29-70.202 b-2 Insurance.
CONTRACT SIGNATURE SHEET
CONTRACT NUMBER
FIODIFICATION :U.-IBER
PROGRAM AGENT: City of Corpus Christi CONTRACTOR:Nueces County Community Action Agency
P.O. Box 9?77 3105 Leopard
Corpus Christi, Texas 78408 Corpus Christi, Texas 78408
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and Nueces County Community Action , hereinafter referred to as Contractor_
Agency
The Contractor agrees to operate CETA Employment and Training Program in accordance with
the provisions of this agreement. This contract consists of 30 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, 1980 to
September 30, 1981
MODIFICATION : This action increases decreases does not change _ the Prime -
Sponsor obligation for this contract by (this action) $ to (new level)
C. OBLIGATION :
TITLE
II -D
FISCAL YEAR
FY 81
$ 24,800
FY FY
TOTAL
$ 24,800
Total ,$ 24,800
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
$, 24,800
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
Y
(Signature).
Edna McDonald, Board Chairman
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED:
DAY of
G�ss�l.ili.t Attorney
Icrgb ,
OMB APOr0.41 NO. 44.01695
US. DEPATMENT OF LA90R
`m�,rt„'.e"`an°Tra'"'"6A°"'"6tr4'o6
CETA PROGRAM
A• CONTRACTOR' S NAME AND ADDRESS
.Nueces County Community Action Agency.
B- CONTRACT NUMBER
PLANNING
SUMMARY
3105 Leopard
Corpus Christi, Texas 78408
C. PERIOD OF GRANT
From 1 - To
10/01/80 r 9/30/81
FOR REGIONAL OFFICE USE ONLY D. TYPE OF PROGRAM (•'X" a Pro to bo4)
P Drie o.r
9
} z
-,
..1 CONTRACT KEY
3 3
MOD. DATE
77[[yy
0 U
<
C
i t•
u
L
0
u au
l o_
C U
a
a
C
�i
-
LL
_
b
a 2
4.
o p o '6 o
vi c 2 U U
oO
0 Z
MM
DD I YY
It - B.0 47 -5) 0 vi 0 Vtl
Q 111 (Specify) .-_
0
iD
j
1° 1
IT. 19acanoel3fi 0
0 1 0
01
'-B-IN.H.)
36 0
! I I
11
1 n
'D. 20-21 11 • 1
IV (Spec!/Y) �..._-.
.�._.-....._... _...-._
Q
roll 1
2 314
5 6
7 1_9
10 17 12
7316
15
16117 11/8119120
21122123
24 25
26 27
2 429
Other (S➢acifr) .-.-,.-__...__.__...�_.r__
Xj
1. PARTICIPATION AND TERMINATION SUMMARY
1 2
3 ' 2 22
23241125
21 22423 24
25
21122L23124
25 21122
23124125
D
1- 1
21810
0138
1
10 618
1 10
9 811
A. TOTAL PARTICIPANTS
96 _3
Y1
4
Y1
/1
`1t
1. NeW Participants -
31 0
1 -
2. Transfers from other Subparts
36 0
0
0
0
3. Participants Carried Over
41 3
- 3
3
3
B. TOTAL TERMINATIONS
46' 1)
1
1
4
1. Entered Unsu5. Emp'oy,
51 n
1
1
7
a. DireG Placement
56 0
0
0
0
p. Indirect Placement: (1) Thru Sponsor
61 0
0
0
. 0
(21 Other Indirect
66 0
1
1
2
2. Transfers to 011-er Subparts
71 0
0
0
0
3. Additional Positive Terminations
76 0
0
0-
0
a. Rat. to/Continua FuII•Tima School 1131 12
26 0
0
0
0
4. Other Terminations
31 0
0
0
2
C. TOTAL CURRENT PARTICIPANTS (End -o/ -Guarder)
36 3
3
3
0
1. Active Non -PSE PartIcioants (17.0 or V1)
41
11. SPECIAL CATEGORIES Ot'al.'.�Z,t k..w�•'-7: .:e -r f ar_�,.- ..•'?
, -77. 1
i A. UNSUB. PRIVATE SECTOR PLACEMENTS -
46
B. TITLE II - C: (1) Disgracing
51
12) Retraining
56
1 C. TITLE IV: (1) GED 0oi14Icsts
61
(2) Aea°emie Credit
66
(3) Special Mixture Component (451➢)
71
141 Limited Services (YETP)
76
0- SYEP: (11 Vocational Exploration Program 1_1,1 13
26
31
12) Sumner Entitlement Program
(3) Concurrent Participation In: (0) TIUe 1I BIC
36
(91 YETP
41
(c) YCCIP
46
111. PARTICIPATION IN I`I . Total 1. Current
. Total
b. Current
a Total
b. current
a. Tot I b. Current
•
PROGRAM ACTIVITIES G.� DI 14 r,# 01 15
t, D1 4
DI 1S
!i01 14
10 5
' O' 4ODI 15
A. Classroom Training (04eu,. Shi)L) 26
B. Classroom Training (Other) 31
C. On-theJob Training 36
D. Worm Experience flreSchool)
41
E.' Wore Experience (Other)
46
F. Pub. 5rv. Employ. (17.5) Or V1 or 111-302)
51 3
3
4
4
4
4
4
0
1. PSE Participants In T,n9JSeolos
b6 1
1 1
2
2
2
2
2
0
0- Career Employ. Experience (YETP)
61
N. Transition Services IYETPI
66
IV. OTHER ACTIVITIES: Indicate other 601:4 ties o 'Pedal programa on attachments. Describe heir objectives and list tmlestones toward
their achievement in • quantitative or narrative presenietion.
I V. SIGNIFICANT SEGMENTS .. am Year -id -04,,4. Plan/
1
1 _LD1 161 111218101 10131e1J11Olslail 1 10191RI1
'3D117
.111�1A_0
4
10�3I811
r1''
Io16181i
10191R
11
10. Mai. 126 2
3 3
3
0.5.58.over26
0
0
n
n
19. Female 131 1
1 1
1
..Se -(Na -1.1
31 0
0
0
n
IT. 19acanoel3fi 0
0 1 0
01
'-B-IN.H.)
36 0
0
0
1 n
'D. 20-21 11 • 1
.1 1 1 1
J•HisPanlc
41 1
4
4
1 4
_. 22-44 r6 2
3 1 1 1
K. Al & Are
46 0
()
(j
(j
,-,4554 157 0 1 0 1 0 1 0
1...A La.'. 151 0
XU
]U(
UX
ETA 2202 (May 19001
U.S. DEPARTMENT OF LAOOn • Employment and Tr.Ining. Adminlitratlon
BUDGET INFORMATION SUMMARY
CONTRACT HEY
Protect
NumPel
•
540).
Pro).
No,
Comp.
Code
Mod.
No.
MOD. DATE
MMDDYY E
17
15
19
20
21
22 23 24, 25 26, 77 251 2'2 30,
E. BUDGET SUMMARY COST CATEGORIES
NEW On REVISED FEDERAL 6UDGET
A. CONTRACTOR`S NAME AND ADDRESS
Nueces County Community Action
Agency
3105 Leopard
Corpus Christi, Texas 78408
a. GRANT PROGRAM
FUNCTION OR ACTIVITY
2. Allowance.
0• CONTRA (.'1' NUMIWG12
yy
II. R.0 0 VI
ell • D Q VII
❑ III Q Dlnrr
0 IV
ESTIMATED FEDERAL UNEXPENDED FUNDS
d. Total e. YETP In -School
5. TOTAL
4. Fringe tlrnellls
A. Totals
24 800
7., 21 22 73 z4p zs
3 26 $ 24,800
35 24,800
44
53
$ 24,800
44
62
71
ETA 5145 (May (0501
6. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES (Fo Quorler Ending)
a.
21 22
23 24 25
l 7
J'
71 22
23 24
25
1
} 2
21 22
1
23
2
24 25
O
..u:.•:..:
`
o
3151;v.,vr
BI
5 8
1 2
7 ,�,vr�
.,:'''',:g4::,,, , ,r>,
1 2
3 , .
a..,,.f.'s.x.. 1 .a,iaf �aT'...'-,
1 2
3 :
;i .. ,y;,,'is.i......, ,,...w
4 'z
1. Prima spnnlor Obllgallon5
G
3 zs
$ 6198
c
3 21
$ 12,396
G
3 zfi
$ 18,594
G
6,198
' 35
12,396:4,
-,15
18,594
2. Total Prolected Expendllure/ by Program
2
'., 35
Prime Sponsor
$
.yg
, 44
:i
r�
t'ib
oom Tralnq,
a. Classroom m
�
T:: 53
�
,•
.r;: 53
;3
,
b. On.lhe-Job Trebling
c. FSE
4,
$ 6,198
$ 12,396
_,
$ 18,594
(11 Subsidized Employ. (Wages/Fringes)
_
7
;}.,
71
(2) T,00. (W000VFrin9el 01 Allow.)
a.• -a• 7.::
7]
ys
,1
G
41,6
C
Services (Wages/Fringe; or Allow.)
G
4 26
G
4 2G
(3)
77-7.i!:.;:
":
z 1?}
35
s:
;, 15
(4) Trn9. Costs (No compensation)
.y t
35
44
-
t
44
74
15) 501410.1 Coll; (No compensation)
,
3..
' 53
; 53
i3
d, Work Experience
52
E2
2
e. 51/01091 10 Parllclpants
J
N;i
• 1, Other Acllvlllrl
.a.
% ':
. ,2.,:,71
�
r1
"
Experience
.t�..y771
0
6 26
G
6 26
G
5 .6
C'
g. Career Employment
t' 35
E L).
''; 35
F
15
h. Transition Services
g
14
1. Vocational Expl5latlon Provers
r5
t> 44
i
t..
? 44
.+Asl
.:
53
53
n
1. Summar Entitlement
3
--
t»n
K.
,;.
r
; 62
f
67
r
dc:, 01 Non•Fed. Fu1�
J. Protected m Pun
s
71
>f;4 71
? F
71
y.
4. I. U09(44141
7.37.
:
,.4..,,: y...l
„«
C
b. Retraining
G
6 26
0
0_12
G
5 .26
7., 21 22 73 z4p zs
3 26 $ 24,800
35 24,800
44
53
$ 24,800
44
62
71
ETA 5145 (May (0501
PSE PROGRAM SUMMARY
2. CONTRACT NUMBER
1. CONTRACTOR LIAISON OFFICIAL
Roberto Aguilar
3. TITLE VI
II -D
4. CONTRACTOR
DISTRIBUTION OF FUNDS AND JOBS
5. TYPE OF
UNIT
6. AREA
SERVED
7. POPULATION
8.NO. OF
JOBS
9. FUNDS
Nueces County
Community Action
Agency
Non -Profit
Organiza-
tion
Nueces County
3
$ 24,800
10. TOTAL
3
$ 24,800
11. OTHER ACTIVITIES
12. TOTAL
$ 24,800
U.S. I EI'AIt l MCNT DF LAIIUil • Employman: and 1 hJnp, Adm1111“rallvn
OCCUPATIONAL SUMMARY
a
2. CONTRACTOR'S.NAME AND ADDRESS
Nueces County Community Action Agency
3105 Leopard
Corpus Christi, 'Texas 78408
3. TYPE OF PNOGfAM ("x" appropriate boxes),
a. %ki(N • o b. Cs VI c. 0 Special Govornor')
11.0 oll,er (Sp curl
Grant
4. PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
NO. OP.JOgS
'
COMPARAOLE-
WAGE
'----- ...
ANNUALIZ EO•NON-CETA
CETA WAGE
_—.—SIU) --..=.—_...._._.a—�.�E�
,SUPPLEMENTATION'
OF WAGE/SALARy
�.�
PEfSONYEARS
OP
E PLANNEONT
- IF) —
TOTAL
ANNUALIZED
WAGES
..
(0)
(n)
IU) -
(C)
City of Corpus Christi
Subcontractor
2
1
•
•
$ 6,909
6,831
•
0
0
2.0
1.0
•
$13,818
6,831
•
Nueces County Community Action Agency
On Board 9/30/80
Crew Worker
Clerk
•
0. TOTAL
3
•
3.0
$ 20,649
ern eenn fAnr_ 1
(2)
,
PSE BUDGETSUAP1r RY SHEET
Contractor • Nueces Co. Community Action
Agency
3105 Leopard Street
Corpus Christi, Texas 78408
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(C)
(n)
(E)
Title II -D Positions
Crew Worker 3.25/ph
2(1
563
6
$ 3,378
3.35/ph
2(2
580
18
10,440
Clerk 3.10/ph
1(1
537
3
1,611
3.35/ph
1(2
580
9
5,220
(1 - Wages from -10/01/80 thru 12/31/80
(2 - Wages from 01/01/81 thru 09/30/81
TOTAL
3
36
$20,649
FDTNGE BENEFITS
$ 1,265
1. FICA 6.13%
2. Workmen's Compensation
1,238
3. Other (Specify) Group Insurance 5%
1,050
4. Other (Specify) Liability Insurance 2.9%
598
5. Other (Specify)
Sub -total fringe benefits
4,151
TOTAL
$24,800
:OMB AP{p+o..i N& 44-R165P
US_DEPARTMENTOF LABOR
EmP:o YnYnt and Training Adminlrtratlon
CETA MONTHLY SCHEDULE
-CONTRACTOR'S NAME AND ADDRESS
Nueces County Community Action Agency
3105 Leopard
Corpus Christi, Texas 78408
•
•
CONTRACT NUMBER
9. TYPE OF PROGRAM (-.K"Pncj
11 - D O VI
O Special Grant to Governors
FOR REG,OMALOry10E USE ONLY
CONTRACT KEY
00
aU
415
L'
6 17
8 9
2-
til
10111
12j13j14j15
M
22
1. MONTH
END OP MONTH
111. PROJECTED
CUMULATIVE
EXPENOITURE3
.BY MONTH
11
PLANNED CURRENT ENROLLMENT
4,1.. PIE
ti NON -PSE
22
z 1 18 i 0
26
3
31
30
$ 2,066
1 1i 1810
3
4,132
1 121810
3
6,198.
o 1 1 1811
3
8-,264
o 1221811
3
10,330
o 1 3 18 [1
3
12,396
a 1x1811
3
- 14,462
o 1518.11
g-
• 16,528
0 1 6 1 8 1
3
-
18,594
0 1 7 1 8 1 1
3
20,660
0 181811
3
22,726
a 191811
01
$ 24,800
1 1 I
1 I 1
.
1 1 1
1 1 1
1 1
ETA 22028 (Apr. 19799
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter re erred to as the Act, all federal regulations issued pursuant to the
Act, and w th its Comprehensive Employment and/or Training Plan, as approved
by the Coa tal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management.
Circular (,MC) 74-4 as those circulars relate to functions such as the utiliza-
tion of fu ds, operation of programs, and maintenance of records, books, accounts,
and other Documents under the Act.
2. The ap licant, in operating programs funded under the Act, further assures
that it wi 1 administer its programs under the Comprehensive Employment and
Training P an in full compliance with safeguards against fraud and abuse as
set forth n 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, d-ny employment to or exclude from participation any persons on the
grounds of race, color, national origin, religion, age, sex, handicap, or poli-
tical affi iation or belief; that it will provide employment and training services
to those m.st in need of them, including but not limited to, low-income persons,
handicapped individuals, persons facing barriers to employment commonly ex-
perienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as ray be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of race, color, sex, or national -origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will 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. L. 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 $100,000, 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 other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award, of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized for the grant is
under consideration to be listed on the EPA List of Violating Facilities; and
(3) it will include substantially this assurance, including this third part, in
every nonexempt subgrant, contract, or-subcontract.
4. The applicant/contractor will comply with all provisions of the appropriate
Coastal Bend Consortium Comprehensive Employment and Training Plan which consists
of the Master Plan and Annual Plan.
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.
JR1e_ces County Community Artinn Aganry 3105 Leopard, Corpus Christi. Texas
- Legal Na of Applicant Address
Edna McDonald, Chairman of the Board
Signature of Authorized Officer Typed. Name & Title of Authorized Officer
October 1,1980
Date of Application
SPECIAL CLAUSES
1. CHANGES
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the
si:reties, by written order designated or indicated to be a change order, make changes in
:he 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
?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/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 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 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 speci-
fications.
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt of a written change order
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.
f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
'_e 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
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, resulting from an
oral order by the Prime Sponsor's Contracting Officer.
2. NONDISCRIhINAT1ON
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
^.ith 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 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).
Amy 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 net 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, ie 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 or 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
places 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
of 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) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24,'1965, and such other 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 law.
' (7) The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency nay direct as a means of enforcing such provisions in—
cluding sanctions for noncompliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under the Fair Labor Standards Act
including any special rate provided by specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees or trainees, or (2) Any minimum rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will not beterminated 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
by 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. TERMINATION
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 effected by delivery to the Contractor/Subgrantee of
a Notice of Termination specifying whether termination is for the default of the
Ccntractor/Subgrantee or for the convenience of the Prime Sponsor, the extend to which
performance of work under the contract/subgrant isterminated, 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 performance is due to causes beyond the control
and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi—
sicr.s 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
Prime Sponsor's Contracting Officer, the Contractor/Subgrantee 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;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
?rime Sponsor's Contracting Officer, all of the right, title and interest of the
Ccntractor/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 nay 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 is the manner, at the times, and to the extent directed by
the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parte, work
in process, completed work, supplies, and other material produced as a part of, or acquired
r.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 (-ii) 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 tines, 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
proceeds of any such transfer or disposition shall 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 the work covered by this contract/
subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct;
(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 ray 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
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
-reviously disposed of, exclusive of items the disposition of which has been directed
r 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
them 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 removal of
the items or, if the items are stored, within forty-five (45) days from the date of sub-
mission of the list, and any necessary adjustment to correct the list as submitted shall be
rade prier to final settlement.
c. After receipt of a Notice of Termination, the Contractor/Subgrantee shall submit
To the Prime Sponsor's Contracting•Officer his termination claim in the form and with the
certification prescribed by the Prime Sponsor's Contracting Officer. Such tlaim'shall be
_eb.itted promptly but in no event later than one year from the effective date of term-
-:nation, 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
sech cne-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 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 ccntract/subgrant, determine, on the basis of information'available to him, the amount,
if any, due to the Contractor/Subgrantee by reason foe the termination and shall thereupon
ray 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
ocatract/subgrant, the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer
nay 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
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
Ccatracting 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 Spenser'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 settlement 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 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 practicable to
discontinue such costs;
(ii) There shall be included therein so far as not included under (-i) above,
_he cost of settling and paying claims arising out of the termination of work under sub-
rcatracts or orders, as provided in paragraph (b) (5) above, which are properly charge-
F' -le 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
cf settlement claims and supporting data with respect to the terminated portion of the
contract/subgrant and for the termination and settlement of subcontracts thereunder,
tea -ether with reasonable storage, transportation, and other costs incurred in connection
the protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/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: -
(A) In the event of the termination of this contract/subgrant for the
_enven:ence of the Prime Sponsor and not for the default of the Contractor/Subgrantee,
there thail be paid a percentage of the fee equivalent to the percentage of the cow
pletionof 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 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
n=ber 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 reauest 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
shall be deducted (1) all unlicuidated 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 work 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
contract/subgrant.
i. The Prime Sponsor may from time to time, under such terns 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
- titled 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/
.ubgrantee 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:
Provided, however, That no interest shall be charged with respect to any 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 inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. 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/Subgrantee is an educational institution or other nonprofit institution on a
__c -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 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,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the 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.
c. 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. t'pon 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, AND PAYY,ENT Clause of this contract/
subgrant.
e. Subject to the provisions of paragraph (c) above, and subject to any review required
by the Prue 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
amounts may include any reasonable cancellation charges thereby incurred by the Contractor(
Subgrantee and any reasonable loss upon outstanding commitments for personal services
rich 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
Ccntractor/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/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
' 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 dPm=nd.
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 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 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 ATJ 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.
0. LISTING OF EHPLOYME TI' OPENINGS - -
(;pis 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
usiified disabled veterans and veterans of the vietnam era, that all suitable employment
orenings 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
wherein 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
State employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $10,000 or if it with a State;or_1oca1
government the reports set forth in paragraphs (c) and (d) are not required.
b. Listing of employment openings with the employment service system pursuant 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 jcb order, including the acceptance of referrals of veterans and nonveterans.
his listing of employment openings does not require the hiring of any particular job
applicant or from any particular group of job applicants, ani: nothing herein is.intended
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
c. The reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (11) the number of those hired who were disabled veterans, and (iii) the number of
these hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall Maintaincopiesof 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 hehas
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 ie 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 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
not limited to, openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory;
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 employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
( ) "Appropriate office of the State employment service system means the local office
of the Federal -State national system of public employment offices with assigned responsi-
bility for serving the area 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
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, illnb-
s:.diaries, and parent companies), and includes any openings which the Contractor proposes
tc fill from regularly established "recall" or "rehire" lists. (4) "Openings which the
Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employment openings for which no consideration will be
given to persons outside of a special hiring arrangement, including openings which the
Contractor proposes to fill from union halls, which is part of the customary and tradi-
tional hiring relationship which exists between the Contractor and representatives of his
employees.
,(5) ,"Disabled veteran" means a person entitled to disability compensation under laws
administered by the Veterans Administration for a disability rated at 30 percentum or more,
or a person whose discharge or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
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 regulations applicable 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. S. 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/
Subgrantee. 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/
Subgrantee rails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
•.ritten 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
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 Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
connection with decisions provided for in paragraph (a) above:
rovided, That nothing in this contract/subgrartshall be construed as making final the
e'cision 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 sub-
cntracting any parts of this agreec.ent. The'Contracting Officer may, in his decretion.
_atify in writing any such subcontract; such action shall constitute the consent of the
ontracting Officer as required by this paragraph.
14. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in writing of
:.ny actions or suits filed and prompt notices of any claims Cade against the Prime
p,onsor, the subcontractor, or any of the parties involved in the implementation and
_drinistration of the CETA Program.
15. ORDER OF PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
__less otherwise provided, thereon,the inconsistencies shall be resolved by giving
:precedence 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
=c 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 - Cut -of -area travel for each program not exceed $25 per day.
June 2, 1975 - No contractor exceed 17% for administrative cost and All out -of -
area travel for any program have clearance by the staff.
Sentember 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.
Aril 23, 1980 -Ile mileage ail ante paid to participants, when using their personal auto-
_7obile for approved travel, is $.18 per mile.
17_ Texas Education Agency (T.E.A.) Certification
The contractoragreesthat instructors of participants' classes must be certified by the
Texas Education Agency. Exceptions will be made only in areas in which T.E.A. Roesn't certify.
18. Cancellation of Bonding or Insurance Policy
The contractor agrees to notify CETA Administration inuediately upon any cancellation of
any bonding or insurance policy a ich relates to performance of Administration or Services contra
Subcontracts, Leases, and Agreements
Contractors must provide a copy of all executed subcontracts, leases, and agreements
all documents are immediately due upon execution at CETh Administration).
_2. Availability of Funds Clause
The prime sponsor's obligation hereunder is contingent upon the availability of ap-
roariated funds from which payment for the contract purposes can be made. No legal
liability on the part of the prim=_ sponsor for payment of any money shall arise unless
nd until funds are made available to the prim sponsor for this procurement and notice
_f such availability, to be confirmed in writing by the prime sponsor's Contracting Of-
ficer, is given to the contractor.
This request does not commit the prime sponsor to pay for costs incurred in the sub-
-_ssion of a proposal or for any costs incurred prior to the execution of a for:.al con-
-ract unless such costs are specifically authorized in writing by the prime sponsor's
1 ntrac`ing Officer. The levels of operation contained in the approved plans are con-
_tional and final approval is subject to levels and conditions contained in the final
:Lanai Year 1981 appropriations or continuing resolution.
21. Complaint and Grievance Procedures
The contractor acknowledges that it has specific complaint and grievance procedures
available to participants and prospective participants which are consistent with the CETA
regulations, 20 C.F.P. Section 576; Subpart F, and the Coastal Bend Consortium Camplaint
and -Grievance Policies and Procedures. The contractor also assures the prime sponsor that
na_rticipants shall be provided, upon enrollment into employment or training, , with a written
ascription of the c :.i1aint proceda es, including notification of their right to file a
:..mwlaint and instructions on how to do so.
B. A11 monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary 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 monies 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 beTow.
•
Nueces National Bank
BANK NAME
SIGNATURE DATE
Melba Jimenez
TYPE NAME
Assistant Vice President
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
$
Coastal Bend Consortium Nueces County Community Action Agency
CONTRACTOR'S NAME
SIGNATURE DATE SIGNATURE DATE
Mr. R. Marvin Townsend Edna McDonald
TYPE NAME TYPE NAME
City Manager
TITLE TITLE
Board Chairman
ACREE.e_2N- FOR SPECIAL BANK ACCOUNT
The Nueces County Community Action Agency hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prue Sponsor and Nueces National Bank .
a banking corporation located at 1434 S. Port, Corpus Christi, IX
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 " NCCAA CETA-Title II -D
Special Banc Account," hereinafter referred to as the
Special Bank Account. -
2. The Bank is "insured" within the meaning of The Federal Deposit
Ins:;rance Corporation Act (Act of.Sept. 21, 1950; 64 Stat. 872 as
emended 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 s d shall have a .lien upon the credit balance in the
Special Bank A.ccoent 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 ws_h 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 prima_
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 caassag
of this Special Bank Account.
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $3,100
is hereby authorized.
Subsequent payment must be requisitioned monthly on a form prescribed by
the Administrative Unit in conformance with fede'ra1 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 Fed-
eral 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 follow-
ing items of information are to be completed and submitted with the Contract.
1. Name, Title, & Organization of Chief 2. Will the Accounting System be directly
Financial Officer maintained by you?
`1 "
0 Check if one has not been appointed or Yes i 1No (If no, who will main -
designated. tain the accounting
Blas A. Gomez system?)
Fiscal Officer
Name and Address
3. The -Department of Labor audit requirements are that the contractor shall retain all
records for three (3) year after submittal of the final closeout report or until
all questioned 'costs •are resolved whichever is longer.
4. Description cf your Financial ,accounting System (Indicate whether the system is manual
or automated and describe how it will meet the record keeping, reporting, and account .
ing requirements of the Manpower Administration.)
The agency maintains a manual system of accounting which consists of
double entry bookkeeping, composed of general ledger, general journal,
cash disbursements, purchase orders systems. It follows the general
accounting procedures in accordance with federal regulation.
USE OF CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
rect and complete.
SIGNATURE DATE
Blas A. Gomez
TYNE NAME
Fiscal Officer
111LE
WORKERS' COMPENSATION OR MEDICAL
AND ACCIDENT INSURANCE
Insurance Agency (Name, Address; and
Telephone Number) :
Insurance Company (Name):
Effective Date of Policy: Policy No.
Attach copies of the premium and policy of the described insurance.
Attach an additional form and copies of the premium and policy if there
are separate policies for participants and staff.
AUTOMOBILE LIABILITY INSURANCE
The contractor agrees that any activity using a motor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci-
dent for property damage.
Ensures that the Department of Labor (DOL),the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Nave):
Effective Date of Policy:
Amount of Coverage:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts and Property Management, 41
CFR 29-70, July 20, 1979.
§29-70.202 b-2 Insurance.
CONTRACT SIGNATURE SHEET CONTRACT NUMBER t1ODIFtCATION NUMBER
t W
CONTRACTOR: West Oso Independent School District
5050 Rockford
Cornus Christi, Texas 78416
This contract is entered into by the City of Corpus Christi herein after referred to as
Program Agent and West Oso Independent School ' , hereinafter referred to as Contractor.
District
The Contractor agrees to opexate CETA Employment and Training Program in accordance with
the provisions of this agree,ent. This contract consists of 30 pages, including this page
and such other provisions an documents as are included herein. .
•
PROGRAM AGENT: City of •CO s Christi
P.O. Box 922777
Corpus Christi, Texas 78404
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, 1980
September 30, 1981 •
MODIFICATION : This action increases _ decreases • does not change the Prime
Sponsor obligation for this contract by (this action) $
C. OBLIGATION :
to (new level)
TITLE
FISCAL YEAR
TOTAL .
$ 14,700
II -D
FY 81
FY
FY
$ 14,700
Total
$ 14,700
-
•$ 14,700
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
Ramon Hinojosa, Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
- Director of Finance
ATTEST:
City Secretary
APPROVED:
3tAkDAY of
Ji SD
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Roman Martinez
4. CONTRACTOR
DISTRIBUT
5. TYPE OF
UNIT
6. AREA
SERVED
ON OF FUNDS A
7. POPULATION
West Oso Independent
School District
School
District
City of Cor-
pus Christi
10. TOTAL
2. CONTRACT NUMBER
,
3. TITLE
II -D
0 JOBS
8.NO. OF
9. FUNDS
JOBS
4
$ 14,700
4
$ 14,700
11. OTHER ACTIVITIES
12. TOTAL
$ 14,700
(1)
(2)
PSE BUDGET SUMMARY SHEET f
Contractor: WeS,t RockfordOsoI.S.D.
5050 Roc
Corpus Christi, Texas
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
JOBS
CETA NO.
WAGE PATE
JOB
DURATION
TOT?
WAGE
(A)
(B)
(C)
(0)
(E
Title II -D Positions
4(1
589
24
$14,]
General Education Clerk 3.40/ph
(1 - One position to be deleted 10/21/80
TOTAL
4
24
$14,:
FDTJGF BENEFITS
•
Sub -total fringe benefits
•
i
1. FICA
2. Workmen's Compensation 4.28%
3. Other (Specify)
4. other (Specify)
5. Other (Specify)
TOTAL
$14,:
U.S. °EPAHTME NT OF LABOR
FmVoy,,w.t and Tr.inIng Adminntratlsl
CETA PROGRAM
PLANNING
SUMMARY
OMB AOP.o.al N0. 44.R1653
A. CONTRACTOR'S NAME AND ADDRESS - B --CONTRACT NUMBER
West Oso Independent School District
5,050 Rockford C. PERIOD OF GRANT
Corpus Christi, Texas 78404 10/From
01/80
9/30/81
FOR REGIONAL OFFICE USE ONLY
,gam
w
O
CONTRACT KEY
cel Pc a Z
NIC V R . G
3D GI
�I1 2 31415 617 219 1011
I. PARTICIPATION AND TERMINATION SUMMARY
rat 4' uUo
MOD. DATE
MM
DD
VY
F
2
/211314115 161/7115 15120
21
22123 124
25
26127
2729
22
D. TYPE OF PROGRAM (--X•• opproprietr boxes))
tD 11 - e -C a( 4) -D D Vt 0 VII
o111 (Specify).._..._._...._.........-_.�._...-._
0 IV (Sprclfy) ---.....-__-...-..__.__..._
OOther (Specify) .__...----_-.-._....-..._._..�_
2.
A. TOTAL PARTICIPANTS
3 ''.-'4 2¢`22 23 24 25
1 k4A I1 280
3. New Participants
2, Transfers from other SUDparti
3. Participants Carried Ower
B. TOTAL TERMINATIONS
26 4
31
21
22123]( 24125
0J31811
0
4
0
21122123 24
1016 8
4
n
25
21
22
23124125
_0,91811
4
n
36 0
0
0
0
41
4
4
4
4
46
1
1
1
4
1. 6n1e,e1:1 U0sub. Emplpy.
51
a. Direr Plaument
b. Indirect Placement:
11) Thru Sponsor
(2) Other Indirect
0
56 0
61
65
0
0
0
0
0
0
0
0
0
0
2
0
0
2
2. Transfers to other Subeanc
3. Additional 110sltive Terminations
2. Ret. to/ContInua Full-Tirrro 5110001
4. Other Terminations
71
IDI I2
76
0
0
0
0
0
0
0
0
26
0
0
0
0
31
C. TOTAL CURRENT PARTICIPANTS and -of -Quarter)
1. Active Non -PSE Participants (II -D or VI)
11. SPECIAL CATEGORIES
A. UNSUB. PRIVATE SECTOR PLACEMENTS
B. TITLE 11 - C- (1) Upgrading
(2) Retraining
(1) GED .S. •,ruse
C. TITLE IV:
36
3
1
3
1
3
2
0
41
0
0
0
0
46
0
0
0
1
51
56
6I
(2) Summer Entitlement Program
31
(3) C0nrurren1 Participation In: (a) TIde 11 6/0
36
1)1. PARTICIPATION IN
PROGRAM ACTIVITIES
Classroom Training Moron. Shi!1)
B. Classroom Training (Other)
C. On -late -Job Training
41
(0) YETP
(0) YCCIP
ia. Total 0.. Current a. Total b. Current a Total b. Current a . Tot 1 b. Current
'AD1 1411 D1 15 4F,, DI I5 a DI I4 y, 5 D 15 ,DI - 4 WDI 15
26 1
31
3o
46
1 D. Work Experience (In -School)
41
(2)
Academic Credit
1 01 61811
66
17
111
218 10
101 31811 10161811
E. Work 00.5, e90. (Other)
(3)
Special Mature Component (YTP)
0
71
0
0.2580.0?
26
0
0
(4)
Limited Services (YETP1
4
76
4
3
4
D.
SYEP:
(1)
V0catlonai exploration Program
t 13
26
_- 19 Y under
36 0
0
(2) Summer Entitlement Program
31
(3) C0nrurren1 Participation In: (a) TIde 11 6/0
36
1)1. PARTICIPATION IN
PROGRAM ACTIVITIES
Classroom Training Moron. Shi!1)
B. Classroom Training (Other)
C. On -late -Job Training
41
(0) YETP
(0) YCCIP
ia. Total 0.. Current a. Total b. Current a Total b. Current a . Tot 1 b. Current
'AD1 1411 D1 15 4F,, DI I5 a DI I4 y, 5 D 15 ,DI - 4 WDI 15
26 1
31
3o
46
1 D. Work Experience (In -School)
41
111 21810
10131811
1 01 61811
101 9181 11D1
17
111
218 10
101 31811 10161811
E. Work 00.5, e90. (Other)
4e
26 0
0
0
0
0.2580.0?
26
0
0
F. Pub. 2,0. Employ. (II-DOFVJorJI7-302)
51
4
3
4
3
4
3
4
0
3. PSE Participants In Trngj5ervices
G. Career Employ. Experience (YETP)
4. Transition Services (YETP)
61
2
1
2
1
2
1
2
66
IV. OTHER. ACTT V ITIES:
lndicere other activities Of speeul programs on attachments.
their achievement in a quantitative or narrative presentation.
Describe heir objeoioes end list milestones toward
V. SIGNIFICANT SEGMENTS (Program Year -to -Date Pear)
I 101 16
111 21810
10131811
1 01 61811
101 9181 11D1
17
111
218 10
101 31811 10161811
1°1°1811
:.Mala
26 0
0
0
0
0.2580.0?
26
0
0
0
0
!9- Ferula
31 4
4
4
4M.
W-(N.H4
31
0
0
1
0
_- 19 Y under
36 0
0
0
_ 0
16.1N11
36
2
2
_
2 -
2
. 20.21
141 1
1
1
1
J. Mispenle
0.1
2
2
2
1 2
'=. 22-44
r6 3
3
3
3
K. Al & AN
36
0
0 1 0
0
=.45.54
PI 0
1 0
0
1 0
L.A1.P./. 151
0
0 1 0
0
ETA 2202 (May 1900,
U.S. DEPARTMENT OF LA0011 • Emnloymont tool Tralning•Adminlatrpllon A. CONTRACTOR'S NAME AND ADDRESS
BUDGET INFORMATION SUMMARY West Oso Independent School Dist.
CONTRACT KEY MOD. DATE F 5050 Rockford
meg. Protect
sPro.
hind.
NO. o p Cor us Christi, Texas 78416
�omP•
Code R•9 SI. F.Y. Number No. Coda M M 0 0 Y Y
V N .. .
11
1213 14115 16117116
23 24125 26 27 28129 30
6.
CONTRACT NUMBER
or-o-r7nocnnM ra'• on,/
(3 II • 5,C,
Mil • O
0 111
O IV
• VI
• VII
O Other
E. BUDGET SUMMARY COST CATEGORIES
a. GRANT PROGRAM
FUNCTION 011 ACTIVITY
NEW DR REVISED FEDERAL BUDGET
0. Total e. YETP 1,•59600)
1. TOTAL
5. Worn Silo Supervision
6. T raloing
3 26
6. Tolall
41,
F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES (Po Quarter 2;mli901
1. Prime Sponsor Obllgallona
2. Total Projected Expenditure; by Program
a. Classroom. Training, Prima Sponsor
b. 00161.300 Training
2. P5E
111 5ubrl0laod Employ. (Wa9es/Frlrga)
121 Trng. (Wigat/Frtn5el or Allow.)
(3) 5ervl2.1 (Wages/Fringes or Allow.)
(4) Trnq. Costs (No compensation)
(5) Servleet Cotte (No eompensallonl
d, Work E4p411e4ea
0. Servle01 (0 Partlelpanls
1. Olney A011911121
q. Eara.1 Employment Experience
h. Trantillon 9.1010,1
1. Vocational Exploration Program
1. Summar Entlllemen(
3. Proleclad Expenditure/ 01 Non•Fed. Fund
UP9/ading
b. Retraining
4 2G
35
44
al„f c"gti Ogia6' . r 1 2 3.;1
$ 4,950 0 3 26
$ 4.950
0 4
0
a
2G
▪ 0
G
21
26
35
44
53
62
71
26
35
44
;.. 02
71
0 26
8
i4,7nn
14,700
$ 14,700
s: a
G 3
26
31
44
53
21 22 2324 25
0 9 8 1
$ 14.700
$ 14,700
62
$ 14,700
4
71
26
35
44
53
62
71
76
15
G
53
62
11
6 76
ETA 5145 (May )q60)
11.S. I1L:1'AIL'11.11:N'1 1)1' ',AILI)IL • EmploYi„en1 eiiJ "1 r.lning Adn,nil.L,ellun
P S E OCCUPATIONAL SUMMARY
2. CONTRACTOR'S NAME AND ADDRESS3,
•
West Oso Independent School District
5050 Rockford
Corpus Christi, Texas 78416
TYPE OF PROORAM (' x" PPropr(o(r bo+(rrll
3. lti(n • 0 b. Cl vi e. 0 Speclet Oorernor'1
a.0 Ower (spraify)
Grant
4, PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
NO. OF JO05
COMPARADLE'
WAGE
�nz,., �. (C)
1
,
ANNUALIZED
CETA WAGE
a., (LiI -..,.s
NON -C ETA
,SVPPLEMENTATION
' OF WAGE/SALARY
(EI
PLRSONYEARS
Op
EMPLOYMENT
TOTAL
ANNUALIZED
WAGES
(F)
)0)
IAI
(OI
-Subcontractor
2
•
•
• 2
$ 7,068
(--
0
2.0
2.0
$ 14,136
$ 14,136
ETA 2200 (Apr. 1
West Oso Independent School District
On Board 9/30/80
General Educational Clerk
•
•
e, TOTAL r—
r—
:OMB Approval N. £1-R265S
U.S. DEPARTMENT OF LABOR -
Empioym.nt and Training Administration
•
CETA MONTHLY SCHEDULE
a- CONTRACT NUMBER
O. TYPE OF PROGRAM ("X- one)
a II - 0 Q VI
0 special Grant to Gevernora
C CONTRACTOR'S NAME AND ADDRESS
West Oso Independent Schaol.District•
5050 Rockford
Christi, Texas. 78416
FOR REGIONAL OFFICE use ONLY
CONTRACTKY
la
-u
ce
_i
In
1,: z
a
;g=
a
oaCorpus
0u
3
1 1 1 1 8 1 0
3
3,300
1 1218.10
.
41 5
617
91 9
10`1112113 i1411516J11!1919/
2C
21
1. MONTH
END OF MONTH
- 111. PROJECTED
CUMULATIVE
EXPENDITURES
. BY MONTH
- .
1I PLANNED CURRENT ENROLLMENT
NA. PSE
H. NON-P5E
22
y101W
26
4-
31
36
$ 1,650
1 1 1 1 8 1 0
3
3,300
1 1218.10
.
3
4,950.
o 1 i 1 8 1 1
3
6;600
o 121811
3
8,250
o 1 3 18 11
3
9,900
0 141811
3
•
- 11,550
o 1 5 18.11
3
-
13,200
o 1 6 18 11
3•
14,700
0 1 7 18.11
0 .
14,700
0181811
0
14,700
0 1 9 18 11
0
$ 14,700
1 1 1
1 1 1
1 1 1
1 1 .1
1 1 1
ETA 22028 (Apr. 1979)
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved
by the Coastal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management
Circular (FSC) 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 ex-
perienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of, race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any p-rogram 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. L. 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 $100,000, 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 other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award, of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized for the grant is
under consideration to be listed on the EPA List of Violating Facilities; and
(3) it will include substantially this assurance, including this third part, in
every nonexempt subgrant, contract, or subcontract.
4. The applicant/contractor will comply with all provisions of the appropriate
Coastal Bend Consortium Comprehensive Employment and Training Plan which consists
of the Master Plan and Annual Plan.
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.
West Oso Independent School District
Legal Narie of Applicant
5050 Rockford, Corpus Christi, Texas
Address
Ramon Hinojosa, Superintendent
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1980
Date of Application
SPECIAL
1. CHANGES
a. The Prima 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
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
?rime Sponsor's Contracting Officer, which causes anysuch 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 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 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 speci-
fications.
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt of a written change order
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 nay 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. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
::e 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
*--icing, 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, resulting from an
oral 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 eegaged,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 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).
Ary 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 or 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
places available to employees and applicants for employment. -
(4) The contractor will comply with all provisions of Executive Order 11246 of
Septecber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of 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) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized
Executive Order 11246 of September 24, 1965, and such other 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 law.
(7) The contractor will include the•provisions of paragraphs (1). through (7) in
every subcontract or purchas'e order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 1s threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the -interests of the United States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under the Fair Labor Standards Act
including any special rate provided by specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees or trainees, or (2) Any minimum rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. 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 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
by 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. TERMINATION
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 nay
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 effected by delivery to the Contractor/Subgrantee of
a Notice of Termination specifying whether termination is for the default of the •
Ccntractor/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/
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 performance is due to causes beyond the control
and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi-
sicns 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
Prime Sponsor's Contracting Officer, the Contractor/Subgrantee shall:
(1) Stop work under the contract/subgrant on the data and to the extent specified
in the Notice of Termination;
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as ray be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
?rime 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
ir.respect of the performance. of, the work terminated by the Notice of Termination; (ii)
the,.ccmpleted 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
?rime 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
proceeds of any such transfer or disposition shall 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 the work covered by this contract/
subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct;
(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
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
-reviously disposed of, exclusive of items the disposition of which has been directed
..r 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
them or enter into a storage agreement covering the same: Provided, That the list submitted
shall besubject to verification by the Prime Sponsor's Contracting Officer upon removal of
the items or, if the. iters are stored, within forty-five (45) days from the date of sub-
mission of the list, and any necessary adjustment to correct the list as submitted shall be
rade prior to final settlement.
c. After receipt of a Notice of Termination, the Contractor/Subgrantee shall submit
to the Prime Sponsor's Contracting Officer his termination claim in the form and with the
certification prescribed by the Price Sponsor's Contracting Officer. Such claim shall be
submitted promptly but in no event later than one year from the effective date of term-
mination, 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 Clain 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 Contractor/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 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 Sponsor's Contracting Officer: Provided,
however, 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,
_he cost of settling and paying claims arising out of the termination of -work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge -
4,1e 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,
tcsether with reasonable storage, transportation, and other costs incurred in connection
the protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/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 deternined as follows:
(A) In the event of the termination of this contract/subgrant 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 equivalent to the percentage of the com-
pletion of work contemplated by the contract/subgrant, less fee payments previously made
hereunder; or
(B) In the event of the termination of this c,ntract/subgrant for the default
f 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
=bet of articles Of a like kind called for by this coatract/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
shall 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 otherwisereceived 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 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/subgrant.
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
-ntitied 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/
oubgrantee 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
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
Co;r_tracting Officer by reason of the circumstances.
(j) The provisions of this clause.relating to the fee shall be inapplicable if
this contract/subgrant does not provide for payment of a fee.
3. TERMINATION FOR CONVENIENCE
The provisions set forth in this clause 9b shall govarn in lieu o'f 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
o -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 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 cr 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.
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the 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.
c. 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
principles set forth in the ALLOWABLE COST, FIXEED FEE, AND PAYMENT Clause -of this contract/
subgrant.
e. Subject to the provisions of paragraph (c) above, and subject to any review require,
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
amounts may include any reasonable cancellation charges thereby incurred by the Contractor/
Subgrantee and any reasonable loss upon outstanding 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 agreement shall be embodied in an
amendaent to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
f. The Prime Sponsor may from time to time, under such terns and 'conditions as it
nay 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 termines ted 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 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 Labor and the Prime Sponsor shall be administered
under the guidelines of A-102 and parts of Paragraph IV, applicable to construction
procurement.
10. LISTING OF EMPLOYMENT OPENINGS
(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
c,uslified disabled veterans and veterans of the vietnam era, that all suitable employment
openings 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
wherein 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
State employment service system wherein the opening occurs and to provide such reports
to such local office, regarding employment openings and hires as may be required:
.Provided, That if this contract is for less than $l0,000 or if it with a Stateco=.local
government the reports set forth in paragraphs (c) and (d) are not required.
b. Listing of employment openings with the employment service system pursuant 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 theplacing of a bona
fide job order, including the acceptance of referrals of veterans and nonveterans.
This listing of employment openings does not require the hiring of any•particular job
applicant or from any,partinular group of job applicants, and nothing herein is intended
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
c. Tne reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired whowere disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall 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 cf the 50 States, the District of Columbia, the Commonwealth of Puerto
.'fico, 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
not limited to, openings which occur in the following job categories: Production and
nonproduction; 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 -tine employment,
temporary employment of more than 3 days' duration, and part-time employment. It does
not include openings which the Contractor proposes to fill from within his own organiza-
tion or to fill pursuant to a customary and traditional employer -union hiring arrangement.
(?) "Appropriate office of the State employment service system" means the local office
cf the Federal -State national system of public employment offices with assigned responsi-
bility for serving the area 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
own organization" means employment openings for which no consideration will be given
to persons outside the Contractor's own organization (including any affiliates, Bub=
si.diaries, and parent companies), and includes any openings which the Contractor
hpro ores
to fill from regularly established "recall" or "rehire" lists. (4) "Openings
Contractor proposes * * * to fill pursuant to a customary and traditional employer -
union hiring arrangement" means employment openings for which no consideration will be
giver. to persons outside of a special hiring arrangement, including openings whichrthe-
Contractor proposes to fill from union halls, which is part of the customary
andtional hiring relationship which exists between the Contractor and representatives of his
employees.
(5) "Disabled veteran" means a person entitled to disability compenSatioxi under laws
administered by the VetLrans`Administration for a disability rated at 30 percentum or more,
or a person.whose discharge or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
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 ccnsistent with the terms of this contract and the laws
and regulations applicable thereto.
i. The Contractor agrees to place this clause (excluding this paragraph (i) in any
subcontract 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. S. 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
:ent shall be decided by the Price Sponsor's Contracting Officer, who shall reduce his
recision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, the Contractor/
Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a
'.ritten 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 groesly 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 Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
connection with decisions provided for in paragraph (a) above:
rovided,.That nothing in this contract/subgrart shall be construed as making final the '
'ecision 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 sub-
.:ontracting 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 innaediate notice in writing of
any actions or suits filed and prompt notices of any claims rade 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,
_^fess otherwise provided, thereon, the inconsistencies shall be resolved by giving
_recedence 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
I 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 18o per mile for travel. Per dies 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.
April 23, 1980 -The mileage allowance paid to participants, when using their personal auto-
-obile for approved travel, is $.18 per mile.
17.. Texas Education Agency (T.E.A.) rertification
The contractor agrees that instructors of participants' classes must be certified by the
Texas Education Agency. Exceptions will he made only in arena in which T.E.A. doesn't certify.
18. Cancellation of Bonding or Insurance Policy
The contractor agrees to notify CETA Administration inmediately upon any cancellation of
any bonding or insurance policy which relates to performance of dm,n,ctration or Services contra
L9. Subcontracts, Leases, arra ,Agreements
Contractors must provide a copy of all executed subcontracts, leases, and agreements
(all documents are immediately due upon execution at CETA Administration).
20. Availahility of Funds Clause
The prime sponsor's obligation hereunder is contingent upon the availability of ap-
)ropriated 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 Of -
_icer, is given to :he contractor.
This request does not corrniit the prime sponsor to pay for costs incurred in the sub-
-.fission of a proposal or for any costs incurred'prior to the execution of a formal con-
tract 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 con-
i.tional and final approval is subject to levels and conditions contained in the final
-fiscal YRar 1981 appropriations or continuing resolution.
21. Complaint and Grievance PL edu es
The contractor acknowledges that it has specific complaint and grievance procedures'
available to participants and prospective participants which axe consistent with the C1TA
regulations, 20 C.F.P. Section 676, Subpart F, and the Coastal Bend Consortium Complaint
and Grievance Policies and Procedures. The contractor also assures the prime sponsor that
participants shall be grcvided, upon eru:ollmnnt into employment or training, with a written
description of the w :plaint procedures, including notification of their right to file a
complaint and instructions on how to do so.
3. All monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary 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 monies 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.
International Bank
BANK NAME '
SIGNATURE DATE
Gene R. Schade
TYPE NAME
Sr. Vice -President & Cashier
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
$ N/A
Coastal Bend Consortium West Oso Independent School District
CONTRACTOR'S NAME
SIGNATURE DATE SIGNATURE DATE
Mr. R. Marvin Townsend Ramon Hinojosa
TYPE NAME TYPE NAME
City Manager
Superintendent
TITLE TITLE
AGREEMENT FOR SPECIAL BANK ACCOUNT
The West Oso Independent School District hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and The International Bank
a banking corporation located at 3649 Leopard, Corpus Christi, TX
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 thebank, designated as the " CETA II -D
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 Ban: 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 small not be responsible for the application of funds withdrawn
from the account.
4. The rine s r shall have a lien upon the credit balance in the
Special Beak Account to secure the repayment of all. advance or supple-
mental payments ode 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 wan such written directions.
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 tines 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 c3dsiag
of this Special Bank Account.
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $1,840
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 Fed-
eral 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 follow-
ing 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.
Jose H. Cantu
2. Will the -Accounting System be directly
maintained by you?
,[l Yes f lNo (If no, who will main-
tain the accounting
system?)
Name and Address
3. The Department of Labor audit requirements are that the contractor shall retain all
• records for three (3) years after submittal of the final closeout report or until
all questioned costs are resolved whichever is longer.
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 account-
ing requirements of the Manpower Administration.)
Automated system is used providing all necessary journals in accordance with
Bulletin 679
USE OF CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
rect and complete.
SIGNATURE DATE
Jose H. Cantu, Director of Finance
TYPIE TTICt
•
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provi,ded;by this contract.
Mr. Welder Brown
Miss Tereza Gonzalez
Mr. Ramon Hinojosa
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverage:
Policy No.
Attach copies of the premium and policy of the described insurance.
,At
AUTOMOBILE LIABILITY INSURANCE
The contractor agrees that any activity using a motor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci-
dent for property damage.
Ensures that the Department of Labor (00L),the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverage:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts and Property Management, Sl
CFR 29-70, July 20, 1979.
§29-70.202 b-2 Insurance.