HomeMy WebLinkAbout15775 ORD - 09/17/19801p:9-16-80;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND RELATED DOCUMENTS WITH CORPUS CHRISTI INDEPEN-
DENT SCHOOL DISTRICT AND JAPANESE ART MUSEUM TO
PROVIDE 20 PUBLIC SERVICE EMPLOYMENT POSITIONS
THROUGH TITLE VI 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"
AND "8", RESPECTIVELY, 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 CETA
Title VI contracts with Corpus Christi Independent School District and
Japanese Art Museum, to provide 20 public service employment positions for
the period from October 1, 1980 through September 30, 1981, as more fully
set forth in the contract modifications, substantial copies of which are
attached hereto and made a part hereof, marked Exhibits "A" and "B",
respectively.
SECTION 2. That the City Manager be authorized to execute all re-
lated and necessary documents in connection with the aforesaid program.
SECTION 3. The necessity to authorize execution of the aforesaid
contracts and such other related and necessary documents as may be necessary
to continue the aforesaid CETA program creates a public emergency and an im-
perative public necessity requiring the suspension of the Charter rule that
no ordinance or resolution shall be passed finally on the date of its intro-
duction 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, 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 ACCORD-
INGLY SO ORDAINED, this the/7 day of September, 1980.
ATTEST:
Cyty Secre
APPROVED: 1 DAY OF SEPTEMBER, 1580:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
MMEILMtu
15773 Sip 27 1984
sONTr'CTT SIGNATURE SHEET • Y CONTRACT NUMBER F� MODIFICATION NUMBER
4 •
PROGRA ENT: City of Cor us Christi CONTRACTOR: Corpus Christi Independent Sc Gist.
P.O. Box 9217 801 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 Corpus Christi 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 31 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
VI
FISCAL YEAR
TOTAL
$ 96,600
FY 80
FY
FY
$ 96,600
Total
$ 96,600
$ 96,600
APPROVED FOR THE PRIMEE SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
Dana Williams, Superintendent
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary •
APPROVED:
DAY of
Fxk. `
U.S. DEPARTMENT OF LA11OR • Emnloymont end Tie!nine. AdmInletrellon
OUOGET INFORMATION SUMMARY
W
CONTRACT KEY
rod,
Code
I-
G 0
Sill l 2 3 4
neg.
51.
F.Y. Prolecl
Number
5081.
Pro).
No.
"omp
Code
Mod.
No.
MOD. DATE F
MM D DY Y
5
6
7
9
10
11
12 13 14 15
16117
18
19
20
21(22123
24
25
26
27
20
29
30
A. CONTRACTOR'S NAME AND ADDRESS
Corpus Christi Independent
School District
801 Leopard
Corpus Christi, Texas 78408
0• CONTRACT NUA ER
TVI'E u 17110CRAtr—r•C"n�1—
o R•0.0
O 11 • D
D RI
O IV
X VI
O VI!
O Other
E. BUDGET SUMMARY COST CATEGOn1ES
a. GRANT PROGRAM
FUNCTION On ACTIVITY
ESTIMATED FEDERAL UNEXPENDED FUNDS
b. Total c. YETP In•SGlonl
1.4%dminlrlrallen
2. Allowances
3. wager
4. Fringe Demerits
tk
a y.'
ma
5. Work 1I14 Supervlt'On
6. Training
7. Service,
O. Totals
NEW OR REVISED FEDERAL BUDGET
d. Total
e. VET P I n.SohOo1
1. TOTAL
K.ya
an. !se
2 3 26
G
2
0
3
2
26
35
44
53
x,9]„140
5.460
A2
71
«t�
33
$ 96,600
a4��....W.._W ..4
$ 96.600
F. CUMULATIVE QUARTERLY PROJECTIONS up Uu1.wAI17.rv4 Hwrl ,no
-64•6•• • w•st.u. .. ..•—.._..............
.
'4.04
r
'-1:'
1 2
0
s
'_-'62
_,
3 .. ,
3 26
kY.. 35
44
21 22 13
24 25
1:11;
3:'
a
1 22
23 74
25
1
1 2
G X326
s ' "
?I
�
,. 75
22
0
.
23 24 25
G 6�
s > .....acs.,..
$ 72_450
72.450
.:v
'......
1 2i,
] 2
0
3:
21 22 2324
25
0..,•9
`1
0
3�
2
8;
7 t
.
2 26
? 35
11
........,,...,,,e 1....
, •a ale
96.600
fin., .
e a �.. `„ i tis,k,:, s ,'xv A
1 2
3 1
3 26
x' 35
_...
x . a
��.wiY...:...s
$ 48 300
48 300
4 .� t.'
:x�. L.a i...i
1. Prime Sponsor Obligations
$ ?4 .150
24150
G
2. Tobi Protected Expendlluref by Plegram
z.:
44
? 14
,y
44
1" 53
�k
ant
aa.Claruoom Training, Prime Sponsor
? 53
\3
-
53
On•lhe•Job Training
62
96 600
r,
$ 72,450
62
`:
-
$ 48,300
�, £
.
—..—.b.
'c. PSE
nl Subsidized Employ. (Wage,/Fr11Te1
.:•y
!6 :.
G
-,. `- 71
a
4 25
$ 24,150
i ,1:
''
r. '...iis:
0
�- 71
,. 71
/
71
4 26
441:4
•-'(21 Ting. 01/ages/Fringes oe oa Allow.l
9
G
4 !6
G
4 26
(3t 54101741 (W4ge1/Pl)ngeS or Allow.)
`7
'•„I'
(4) Trnq. COst1 (No compensation)
T"
y4.;
< 35
9A
's'' 53
?x ..
(51 Services C011f (No compensation)
.
N£ 2
�, ,.,` 53
G2
;, s
,,,yF
• d. Work Experience
''. W.
12
V. 51,01711 10 Parllclpanli•1
t:. G2
E: 71
1 71
..
-
•71
1. Other AelIvlllef
i
G
5 26
/ 35
iG
�y
6 6
.25
14
G
tr
;�ial�l�
q.'C Employment Exnerlence
G
S 26
Transition Services
r
3" 44
! 53
.
!
but x
s' 44•
fr' 5
atl0nal Exploration Program
..-.—
_
. •2
mmer EnII11emM1
= 67
..: 62
71
3. Predicted Expendlluret of Non•Fed. POMO*
s
,,: 71
_�__
,
4. e. UP riding
s
0B
26
0
0 76
G
0 G
0
0 7E
5145 19801
bRetraining
CTA (May
US. OEPARTw1ENT OF LABOR
`r'ydynrn.and Training MNalra4n
•
A. CONTRACTOR'S NAME AND ADDRESS
ench
Corpus Christi I::::1::oo1
B• CONTRACT NUMBER
e
CE OGRAM
SO MARv
District . '
801 Leopard
Corpus Christi
e, PERIOD OF, GRANT
From
10/01/80 1y 9/30/81
FOR REGIONAL OFFICE USE ONLY D. TYPE 08 PROGRAM rx- Oppropriale bast.))
ui
1
_•
., LO1:TP.wCi KEY
1�2T810
MOD. DATE
0 n-0 XX DYn
z
-_h.
c
n.
0
D
N C z
p`U
e'
R
✓r
T
6
O Z
a-.
o O e
rnn2
15 ii
Vu
o
i 2
•
-
MM
00
VY
B.c u-DYI
0 111 (Specify
18
D
N. W-(N.N.)
31
5
5
5
5
,i._ 198 umber'0
0
0
0
0 Other (Spec fy)
1D
_Pl 1
2
3 a I 5
I
6 7
I
a 9
10 11
12 13
1aI 15
16L 17I 19
19 20
21I22173
24 25
26 27
2475)
.-_.._......._......_.._•
X
1. PARTICIPATION AND TERMINATION SUMMARY
1 2
3 g.,1 2 zz 1A241.25
21 1211.1
z5
21122
23124
25
23122
23 24 25
0
D
1 l 11 2 810
0 13
18 1
10
618
1
10
9'8 i1
A. TOTAL PARTICIPANTS
26 20
20
20
20
1. New Participants
31 2
2
2
2
2. Transfers from ether 5uooarts
36 - 0
0
0
0
3. Participants C ' Over
41 18
- 18
18
18
8. TOTAL TERMINATIONS
4fi 2
2
2
20
1. Entered Unsub. Employ.
51 2
2
2
5
a. Direct Plaamant
56 0
0
0
0
b. Indirect Placement: (1) True Sponsor
61 0
0
0
0
(2) Other Indirect
66 2
2
2
5
2. Transfers to other Subparts
71 0
0
0
0
3. Additional Posltly. Terminallens
76 0
0
0
5
a. Ret. to/Continue Full -Time School 101 12
26 0
0
0
5
I 4. Other Terminations
31 0
0 '
0
10
C. TOTAL CURRENT PARTICIPANTS (End-of-Ouartr,-)
36 18
18
18
0
1. Actlre Non -PSE Partleiaa-ts (11-0 or V7)
41
11. SPECIAL CATEGORIES
'� 'a
'[, ,,,;: t'a:8)..4-g_.
?�!-`•.>'I'
A. UNSUB. PRIVATE SECTOR PLACEMENTS -
45.-• 1
1
1
2
B. TITLE 11 - CI (1) )2p9rad.ng
51 -
(2) 6.28,nins
56
C. TITLE IV: 11) GEe0 Ce rti lute
61
12) Aceae:nle Credit
66
(3) 5pedial Mixture Component (YETP)
71
(4) Limited Services (YETP)
76
A SPEP: (1) Vocational Exploration Program 101 13
26
(21 Summer Entlhernent Program
31
(3) Concurrent Participation in. (a) TIM. 1) 8/C
36
1151 YETP
41 .
(4) YCCIP
46
(11. PARTICIPATION IN
PROGRAM ACTIVITIACTIVITIES`•S
a. Total 1g`•3 0'.�-.'g Current
. Total b. Current a Total
b. Current
Tot 1 b. Current
D I 14 0 D 1 1575.D1
4 MD1 15p. 01 14
D 15
D1 14 ETA D 1 1S
��6rrrr
A. Classroom Training (Occup. Skllla)
26
B. Classroom Training (Other)
31
C. 0n -the -Job Tralning
36
0. Work Experience (1n -School)
41
E. Work 600.01ena (Other/
a6
F. Pub. Sr, Employ. (71.2) or V) 0.711-302)
51 20
20
20
18 ' '
20
18
20
0
1. PSE Parliawnts In Trng-/Sarvfas
56 6
6
6
6
6
6
6
0
G. Career Employ. Experience (YETP)
61
N. Transition 5erv)601 (YETP)
66
IV. OTHER ACTIVITIES: lndibetr other actio ties or special programs on anachrnents. Describe heir cob/actives and list mikstdnes toward
their achievement in • quentitathe or narrative presentation.
ETA 2202 (mar 19101
V. SIGNIFICANT SEGMENTS (Program Year -to -Date Plan)
L., .i0I 161 11121810
101318 h l
1.161 8 1
101 x(811
SDI 1Z
1�2T810
10131811
10161 8I 11
1019.1811
,.. Mole 726 2
2
1
2
2 (G.
91& 0»r
36
0
0
0
I 0
9. Femal. 131 18
18
18
18
N. W-(N.N.)
31
5
5
5
5
,i._ 198 umber'0
0
0
0
I. 13 -(N)1.)
36
5
5
5
(f 5
D.20-21 1e1 0
0
1
0
0
2. 0,10.4)0
41
10 1
10
10
10
'1.22-4a 146 15
15
{
15
15
K. Al 8 AN
46
0 1
0
I
_.a9-50 153 5
1 5
5
5
L.A8 P.I. 153
0 1
D0
0
00
0
ETA 2202 (mar 19101
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Roberto Rivera
4. CONTRACTOR
Di °TRIBUTI
5. TYPE OF
UNIT
6. AREA
SERVED
ON OF FUNDS A
7. POPULATION
Corpus Christi
Independent School
District
School
District
City of Corpus
Christi
10. TOTAL
11. OTHER ACTIVITIES
2. CONTRACT NUMBER .
3. TITLE VI
dD JOBS
8.NO. OF
9. FUNDS
JOBS
18
$ 96,600
18
$ 96,600
12. TOTAL
96,600
(1)
(2)
UDGET SARY SHEET
'4 U?N
0
Contractor: Corpus Christi I.S:D.
801 Leopard
Corpus Christi,•Texas 8
OCCUPATIONAL TITLE BY EMPLOYING AGENCY
NUMBER OF
JOBS
CETA MO.
WAGE RATE
JOB
DURATION
TOTAL
WAGES
(A)
(B)
(C)
(D)
(E)
Title VI Non -Project Positions
Crossing Guards
10
620
77
$47,740
Clerk Aide
3
620
30
18,600
Title VI Special Project
Clerk Aide
5
620
40
24,800
TOTAL
-
18
147
$91,140
FD TyrE BENEFITS
- -
1. FICA
2. Workmen's Compensation 5%
$4,546
3. Other (specify) Insurance 1%
914
4. Other (Specify)
5. Other (Specify) •
Sub -total fringe benefits
5,460
TOTAL
$96,600
U.S. 111.1' Alt hi I: NI- OF LA1!011 • Etn plurnrenI and 1.1,11.1g AdnilnI,trntlun
P S E OCCUPATIONAL SUMMARY
1. CON.:..
_• CO u\C1'OR' S NAME AND ADDRESS
Corpus Christi Independent School District
801 Leopard
Corpus Christi, Texas 78408 .
3. TYPE OF PnoGnAM ("X"epproprMe . bnr(e )J
a. ❑ iI • D b. El vI c. in SPeCIIIQOVarnor, Grant
d. 0 owor (specify)
• 4. PROGRAM AGENT, EMPLOYING
AGENCY AND POSITION TITLE
NO. OF .100S
'
CO MPARAOLE,SVPPLEMENTATIDN'
WAGE
c1._..:.�.,-�r<
ANNUALIZED
CETA WAGE
=,...,..--.... D _..__
NON CETA
O: WAGE/SALARY
--- El
PERSONYEARS
OP
EMPLOYMENT
PLANNED
�y IFI
TOTAL
ANNUALIZED
WAGES
�J IGl
_._--..,-,-..m.....=.—
• (Al
- 101
Subcontractor
10
3
5
$ 7,440
7,440
7,440
0
0
0
•
6.41
2.5
3.33
•
•
$ 47,740
18,600
.
24,800
Corpus Christi I.S.D.
Non -Project Positions
On Board 9/30/80 '
Crossing Guards
Clerk Aide
Special Project Positions
Hired on or After 10/01/80
Clerk Aide
•
e. TOTAL p.,
18
12.24
$ 91,140
•
•
us. DEPARTMENT OF LABOR
Emd:oymmi and Training Administration
a. CONTRACT NUMBER
•
CETA MONTHLY SCHEDUT F
n- TYPE OF PROGRAM ("'• one,'
o n - 13 j( v,
O Special Crant to Covernorf
...CONTRACTOR'S NAME NAME AND ADDRESS
Corpus Christi Independent -School District
801 Leopard
Corpus Christi, Texas 78408
-
•
FOR REGIONALOFrICE USE ORLY
CONTRACT KEY
PLANNED CURRENT
-
0;
ac,
a
K
n
>.-
q�o'o
.-,..77z4
-..F, p.,'''4
a`
Ott
C
25
18
31
-
36
$ 8,050
M
4 3
6 7
8 1 9
10 11
12 11 14 13
15 3 191'
2;
23
L. MONTH
END OF MONTH
1II. PROJECTED
CUmULATAIE
EX.PENDI'fLR3_
.9Y MDHTN
1I
PLANNED CURRENT
-
ENROLLMENT
A.
P5E.
B. NON-P5E
22
7 1 0 18 10
25
18
31
-
36
$ 8,050
1 11 1 8) 0
18
.
16,100
-
121810
.
18
24,150
o1z1811
18
32,200
0 1 2 1 8 1 1
18
40,250
0 13 1811
18
48,300
0 1 4 181 1
18
. 56,350
o )518.11
18
64,400
o 1 6 1 8 1 1
18
72,450
0171811
18
.
80,500
0 1 8 1 81 1
18
88,550
0 1 91811
0
$ 96,600
•
1 1 1
1 1 1
-
-
1 1 1
1 1 1
1 l 1
ETA 22025 (Apr. 1979)
I.: . S: DEP..HI11EOi OF L•ttOP. - c and anJ T11.•:•r.; rl.:pt•ti,:rsinln •
PROJECT DATA SUMMARY
TrTCE v CRn::r r: Uu2ER
�cen
0,0 .•rse•••
..
PROJECT \Ur aE:.
221
1. PRtf.I£ SPONSOR'S NAME AND ADDRESS
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
2. •s•OJECT AGENCY A-iO ADDRESS
Corpus Christi Independent School Distric
801 Leopard
Corpus Christi, Texas 78401
.. NArl.E OF PROJECT
Update certification of Paraprofessional Files
r PURPOSE O. PROJECT AND.BRIEF DESCRIPTION OP OR TO SE PERFORMED
Special project is designed for the purpose of establishing files for all
Paraprofessional employees at Corpus Christi Independent School District.
Special project employees will perform general office and clerical duties
as associated with the establishment of employee files. Special project
employees will do filing, typing and answering telephones.
•
-1
4• NUMBER OF PARTICIPANTS TO 9E Eti:PLC, ED IN PROJECT l
5 1`({
5. OPERATIONAL DATES
'''.'"'Oct. 1,
1980''Sent.
30,
1981
Edvea tipnel I+eatln
�, HOsp:ta+a
RD __ • PUBLIC SEri:•ICE IA ..-S epn•e P•:•ate aea a:J J
T•a pon 1 En. rnn+emt Cr.alr.e A.n �ae_:.'�.a 1
i ii G. •k 1
Ls•.Tnrp•e.•
en,
SpcT•
IPe•�� vi
�cen
0,0 .•rse•••
..
i
Pu�I:e Wo•vc
-
Heus:ry
C_.e• rr]e: r.\1
I
• .,• _,ND AVERAGE-ANNIJ-.L WADE 1.1"
PS JOB TITLE
•
• WAGE
AVERAGE ANNLIAL1
P5 JO5 TITLE
• .•VaRazz �..iltL1
AGE
(5) Clerk Aides (620 X 40 MoIS 7,440 1
I 1
Fringe Benefits : S 298 t
1 •!5 f
15 1
$
s
S
TOTAL I S `
Do MI inel,e. a,t•C•]sI ed I W nover
Um. add•:•gnat par,' .• nTeenar.,
ETA s-l,s(Fe:
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-S (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 Send 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 applipation has been duly
authorized.
Corpus Christi Independent School District 801 Leopard, Corpus Christi, TX
Legal Name of Applicant Address
Dana Williams, Superintendent
Signature of Authorized O`ficer Typed Name & Title of Authorized Officer
October 1, 1980
Date of Application
1. c•S .
SPECIAL CLAUSES
•
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the
sureties, by written order designated or indicated to be a change order, make changes in
the work within the general scope of this contract, is 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 thatithe 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 hereundermay 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
1-•-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 an
oral order by the Prime Sponsor's Contracting Officer.
2. NONDISCRIMINATION
•
1 the policy of the'Executive Branch of the Government that.(a) contractors
and su ractors'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 hes 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 commitmentsunder 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 anyof such rules, regulations, or orders, this contract nay 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 contractor will include the provisions of pararaphs '(1)'through (7) in
All
every ontract or purchase order unless exempted by rules, regulations, or orders
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
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 OP 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 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 terriination 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-
sions 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:
top work under the contract/subgrant on the data and to the extent specifi
ce'of Trmination; e�
in the�
(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
=he Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination; (ii)
the.cempleted or partially completed plans, drawings, information, and other property which,
if the contract/subgraat 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
7.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 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 prier to final settlement.
c.jt'oreceipt of.a,Notice of Termination, the Contract/Subgrantee shall flub
=o the Sponsor's Contracting Officer his termination claim in the form and With
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall
scbitted 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 Prima 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
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/subgran_t, 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
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 -
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,
nether 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
cny 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 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-
pietion 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 de`
of theetractor/Subgrantee, the total fee payable shall be such' proportionate •part
the fee (or, if this contract/subgrant calls for articles of different types, of such
of the fee as is reasonably allocable to the type of article under consideration) FIs 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:" (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
_ayment 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
Lovisions set forth in this clduse 9b shall go'ern in lieu of clause 9a should
:his ct/subgrant.be,for experimental developmental or re6earch work and the
Contra � /Subgrantee is an educational institution or other nonprofit institution on
__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 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
say 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 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 ray 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
zcount.
f Prime Sponsor may from time to time, under such t.erma.and conditions as it
_ay pr be., make partial payrents against costs incurred by the Contractor/Subgran
in canoe._ion with the terminated portion of this contract/subgrant whenever, in the
canion cf the Prime Sponsor's Contracting Officer, the aggregate of such payments is
nithin 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 canner, 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 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
salified 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 Statecor.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 nonveteraus.
This ng of employment openings does not require the hiring of any particular jolt
appli or from any particular group of job applicants, and nothing herein is irate
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 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
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, nub=
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 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) abled veteran" means a person entitled to disability compensation under laws
admin ed by the Veterans Administration for a disability rated at"30 percentum or�,
or a n uhose'discharge or release from active duty was for a disability incurred
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 disabledveteran 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 way 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 Prins? 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 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
_Tidence 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/sebgrant shall be construed 'as making final the -
cecisio• any administrative official, representative, or b6ard,oh•a.quesfion of la
1
13. SU3COTRACTING
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.inmediate 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,
=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 - Dat -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 rAid to participants, when using their personal auto-
:robile 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 Etsnration 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 ratify CETA Administration immediately upon any cancellation of
any bonding or insurance policy which relates to performance of Administration or Services contra
-9. Sut acts, Leases, and Agree its
Contractors must provide a copy of all executed subcontracts, leases, and agreement•
s
(all documents are immediately due upon execution at =Administration).
Availability of Finds Clause
The prime sponsor's obligation hereunc7Pr is contingent upon the availability of ap-
r oriated 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-
ficer, is given to the contractor.
This request does not commit the prime sponsor to,pay for costs incurred in the sub-
:rission of a proposal or for any costs incurred prior to the execution of a foul con-
tract unless such. costs are specifirally authorized in writing by the prime sponsor's
'ontracting Officer. The levels of operation contained in the approved plans are con-
-..itional and final approval is subject to levels and conditions contained in the final
-sca] Year 19E1 appropriations or continuing resolution.
21: .Complaint and Grievance Procedures
The contractor acanaledges that it has specific oumplaint and grievance procedures
available to participants and prospective participants which are consistent with the LA
regulations, 20 C.P.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, upon enrollment into eaployment or training, with a written
description of the complaint procedures, including notification of their right to file a
complaint and instructions on how to do so.
S. 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.
Guaranty National Bank & Trust
BANK NAME
SIGNATURE DATE
Karl F. Hielscher
TYPE NAME
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex;
cluding FDIC coverage of $100,000).
Will be provided as required.
Coastal Bend Consortium Corpus Christi Independent School District
CONTRACTOR'S NAME
SIGNATURE DATE SIGNATURE DATE
Mr. R. Marvin Townsend Dana Williams
TYPE NAME TYPE NAME
City Manager
Superintendent
TITLE TITLE
AGREEMENT FOR SPECIAL. B.W. ACCO NT
he Corpus Christi Independent School Districl{,ereinafter referred to as the -
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and Corpus Christi National Bank
a banking corporation located at 502 N. Water, 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 "CCISD Emergency Jobs Extension
Program 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 Corporation Pct (Act of Sept. 21, 1950; 64 Stat. 872 as
amended 12 U.S.C. 265).
3. _.e 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 Spacial
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 p-i`e sa nrshall have a lien upon the credit balance in the
ap,ri" Beak 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 claire of the Bank with respect to such account.
5. Upon receipt of c._itten 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 55th suchwritten directions.
6. In the event of the service of any writ of attachment, levy, .or
executio^,, or the commencement of garnishment proceedings with respect
to the Special Bank Account, the Bank will promptly notify the prime
sponsor.
7. Authorized representatives of the prime sponsor -shall have access
to the books and records maintained by the Bank with respect to such
Special Bank Account at all reasonable times and for all reasonable
purposes, including, but not limited to, the inspection or copying of
such books and records and any and all memoranda, checks, correspondence,
or documents appertaining thereto. Such books and records shall be
preserved by the Bank for a period of six (6) years after the cl6sidg
of this Special Bank Account.
AUTHORIZATION FOR ADVANCE PA1hENT
An initial advance payment to the contractor in the sum of $12,075
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 2. Will the Accounting System be directly
Financial Officer maintained by you?
0 Check if one has not been appointed or ,[j Yes 4 1No (If no, who will main -
designated. tain the accounting.
system?)
3.
T.R. Roberson, Director of Finance
Name and Address
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 Accrual System based on accounting procedures set forth in Bulletin
679 of the Texas Education Agency.
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
Dana Williams, Superintendent
TYPE NAME IITLE
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provided:by this contract,
J.M. Pearce - Assistant Superintendent for Business
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 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
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.
S29-70.202 b-2 Insurance.
CONTi:ACT SIGNATURE SHEET
t�?.T: City of
Corpus s Christi
P.O. Box 9277
Corpus_ Christi—Texas 78408
This contract is entered into by the City
Program Agent and Japanese Art M
CQNTRACT NUMBER MODIFICATIQN NUIEBER
CONTRACTOR: Japanese Art M seum
42h South $tapes
Corpus Christi, Texas
of Corpus Christi herein after referred to as
r Museum , 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 -
MODIFICATION : This action increases decreases does not change the Prime -
Sponsor obligation for this contract by (this action) $
C. OBLIGATION :
to (new level)
TITLE
VI
FISCAL YEAR
TOTAL _
$ 14,000
FY 81
FY
FY
$ 14,000
Total
$ 14,000
$ 14,000
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
R. Marvin Townsend
City Manager
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Signature).
James Goldston Chairman of Board
Name and Title
(Prime Sponsor Use Only)
APPROVED:
DAY OF
Director of Finance
ATTEST:
City Secretary
APPROVED:
DAY of
U.S. DEPARTMENT of LADOR • Employmont end TrelnIng• Administration
BUDGET INFORMATION SUMMARY
CONTRACT KEY
Proq.
Code
Req.
51. F.Y. Project
Number
Sub).
Proj.
Na.
Code
Mod.
No.
MOD. DATE
M M
0
Y V
G
0
('4
2
3
4
5 .6 7
9
101 11
1217;114 15
10
17116
19
20
21
22
A. CONTRACTOR' S NAME AND ADDRESS u. CO,N RAC'i .VE11;L�i2
23 241 25 261 27 20 29 30 .
Japanese Art Museum
426 South Staples
Corpus Christi, Texas
C. TYPE or pRbi`RAT.7-7C"-7-
O n . 5,c ;av.
U 11 • 0 0 vii
O RI 0 Omer
❑ Iv
E. BUDGET SUMMARY COST CATEGORIES
a. GRANT PROGRAM
FUNCTION OR ACTIVITY
ESTIMATED FEDERAL UNEXPENDED FUNDS
b. Tole! c. YETP 1.545001
1. Adndnlalration
29 Allowances
3. Wages
tM
NEW OR REVISED FEDERAL BUDGET
d. Total
e. YETP In-Scnool
1. TOTAL.
r,
2
3
2
26
4. cringe catmints
5: Work 5111 Supervision
6. 1,110100
7. 5,rvlces
6. Tolils
] 2 3126
G
44
$ 12,837
1,163
:67
71
$ 14,000
44$ 14,000
F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES (For Quelle, Ending/
21
22
.1. Prime Soonlar Obligations
1
2 3
2. Total Projected Ekpendlturea 175 Program
1. Clat,roOn, Training, Prime Sponsor
b. Dn-lhe•Job Training
c. P56
(11 Subsidised Employ. (Wages/Erin's)
G 3 26
35
23 24 25
2 8 0 '' `s„a
...-.i#a.. .2
3 500 G
300 .I{
44
3:`:: 1 22 23 24 25
0 3 8 1
3 26 $ 7,000
3
35
7,000
22
3
24
8
25
21 22
2
1
D
9
4 25
81
2
G
3
53
44
53
(21 Tang. (Wages/Fringes or Allow.)
-131 %wrvts.; IWages/Fungal or Allow.)
(41 -Ong. Cosi, (No compensation)
151 Services Coat (No compen,allonl
e
62
71
4 26
77.735
44
$ 3,500
62
$ 7,000
71
5
14
$ 1Q.500
10,500
G
.2
11
$ 10,500
3 26
35
44
$ 14.000
14,000
5
62
$ 14.000
G
4 loss
d. Work Experience
.. 5..41611 to Pirllclpen((
1. Other Aellvilles
1.
Carne) Employment Expeaelsce
h.1311161.10n 5er0[cl
ocallonal EwplOrallon Program
mar Enllllemant
3. tied Expendl(unl of Non•Fed. Fwwa
4. e. Upgrading
bRelra�ning
62
t: 71
0 • 6 2G
35
44
53
62
ti
4 26
T. 35
4 '6
53
62
71
71
4 25
35
44
53
C 6 26
'.l.stc 35
7
G
44
57
67
T 71
71
6
Jv
.3
0
26
0 6
2G
G 6 .26
G
•
E
W
71
26
35
44
53
62
71
26
ETA 5145 (May 19601
MB Aoo. dial NO. +4.
U.S. DEPART9'ENr OF LABOR
nptOy r.rnt an: fling AdrraMtrn icn•
CET GRAM
S)PNd
SUMMARY
A. CONTRACTOR'S NAME, AND ADDRESS
Japanese Art Museum
426 South Stales
Corpus Christi,Texas
p
B. CONTRACT NUMBER.
e
;
C. PERIOD of GRANT
From 1 'Tp
III
10/01/80 `t 9/30/81
FOR REGIONAL OFFICE USE ONLY
D. TYPE OF PROGRAM (•'x- appropriate borru))
0 11 ex 0 et •D vl C vii
0 111 (Spa P17Y1
IY
0 caner (Spec fy) ___
12
a1 CONTP.ACT KEY
_'j D 16
' MOD. DATE
1 Z
G
O
,lea
o f
P
G
_•
'n
)
n Z
n 7
Pp_
V V
d o
o
7
MM
DD
YY
10
6: 1
0
9
:. Mat.
26
'
)
1
_d� 1
2
r
3 14 5
6
7 e 9
1
1D 11
i12113114115fi
16 1] 39
19 2D
1
21 22 23
11
24 25
i
26 2]
2 D 3C
►
(. PARTICIPATION AND TERMINATION SUMMARY 1
2 3
', 2y�I22 2_
24 25
21 211231124
25
21122
23 24
25 21172
23 2.125
0
1
-: 11 2
1 8 0
0 13 1 8
1
1 0
1 6 8
1 10
9( 81 1
A. TOTAL PARTICIPANTS
26 ,2
2
3
3
1. New Participants
31 0
_ 0
1
1
2. Transfers from other Suoparts -
36 0
0
0
3. Participants Carred Over
41 2
2
2
2
1. TOTAL TERMINATIONS
46 0
0
1
1
1. En Unsab. Employ.
51 0
0
1
1
a. Direct Placemen(
56 0
0
0
0
O. Indirect Placement: 111 Thru Sponsor0
61
0
0
0
(21 Other Indirect •
66 0
0
1
1
2. Transfers to other 5u0:arts
71 0
0
0
0
3. Additional Positive Terminations
76 0
0
0
0
a. Bet. to/Continue Fun -Time School 10 1 12
26 0
0
0
0
4. Other Terminations
33 0
0
0
2
C. TOTAL CURRENT PARTICIPANTS (End-o/-Ouorter)
36 2
2
2
rs
1. Active Non•PSE Participants (11-D or V7)
41 0
0
0
X01
II- SPECIAL CATEGORIES
•2X1',..'"'1- Y.r.re;F-�e.g,�yri'iic
a�..;r..�
''"'�%''7
A. UNSUB. PRIVATE SECTOR PLACEMENTS
A6
B. TITLE (1 - C. (1) UP7rsding -
Ir
51
(2) Retraining
56
C. TITLE IV: (1) GED Cer-lic+te
61
12) Academic Credit
66
(3) Special Mlxtu.e Component (VETO)
71
141 Limped 54,rvix5 (YETP)
76
O. SPEP: (3) Vocational Exploration Program • L131 1 3
25
(2/ Summer Entitlement Program
31
(3) Concurrent Participation In. (a) TMJ• 1) BIC
36
ID) VETO
41
(c) VCCIP
46
21). PARTICIPATION IN1
PROGRAM ACTIVITIES
Total
. Current
a. Tot 1 b. Current
Total
Currentb
b. Current
8. Tot I . Current
131 4 ell i) ( 15
"-;13 4
1
:� O � 1544-D1
4 V:LD 5..
� 1
�`� 131 14
AD 15
A. Classroom Training fOreop. Skinal
26
B. Classroom Training (Other)
31
C. On-theJ55 Training
36
-
O. Work Experenea (10-505.0))
41
E_ Work Experienc• (Other/
46
F. Pub. 5r, Emplo). W -D or V) or 10.3021
51 2
2
2
2
3
3
3
0
1, PSE Participants In Trng./Servleea
t,6 1
1
1
1
1
1
1
0
G. Carew Employ. Experience (YETP)
61
1 H. Tran3ition 5ervicet (YETP)
66
IV• OTHER. ACTIVITI ES: Indicate other actNtiea or sped. Programa on attachment,. Describe their objectives and list watestones toward
their achievement in a quantitative or weed.. presentation.
ETA 2202 (May 19.01
V.
SIGNIFICANT SEGMENTS (Program Year•to•Da1e Plan)
_'j D 16
11 2
8 0
0 3
18 1
0
618 1
01 9
:1 1
r<7•. D 7
1 2
1
0
3
8
10
6: 1
0
9
:. Mat.
26
1
1
0.55 6 over
26
0
0
0
0
5. Fenzel.
32 1
1
2
2
W.4...43NW.4...4331
0
0
0
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.. 19 & unm
36 0
0
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0
I. B-(N.HS
36
0
0
0
0
:. 20.21
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0
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J. W.Spanle
41
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- 22-44
146 2
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p1 0
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L.Aa P.1.
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0
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ETA 2202 (May 19.01
(2)
PJDGET SU L\Ry: SHEET
Contractor: 'Japanese Art Museum
426 South Staples
Corpus Christi, Texas
OCCUPATIONAL TITLE BYEMPLOYItiG AGENCY ,
NUMBER OF
CETA MO.
JOB
TOTAL
JOBS
WAGE RATE
DURATION
WAGES
(A)
(B)
(C)
(D)
(E)
Title VI Non -Project Positions
Assistant Curator
1
612
11
$ 6,732
Assistant Educational Director
1 .
555
11
6,105
TOTAL
2
22
$12,837
FDTNCR BENEFITS
3 783
1. FICA 6.13%/6.65% after 1/1/81
2. Workmen's Compensation 3%
380
3. Other (SDecify)
4. ether (Specify)'
5. Other (Specify)
Sub—total fringe benefits
1,163
TOTAL
$14,000
PSE PROGRAM SUMMARY
1. CONTRACTOR LIAISON OFFICIAL
Colonel Floyd Bush
4. CONTRACTOR
5. TYPE OF
UNIT
DISTRIBUTION OF FUNDS A
6. AREA 7. POPULATION
SERVED
Japanese Art Museum
Non -Profit
Organiza-
tion
City of Cor-
pus Christi
10. TOTAL
11. OTHER ACTIVITIES
12. TOTAL
2. CONTRACT NUMBER-
3. TITLE VI
ND JOBS
8.N0.
OF
- 9. FUNDS
JOBS
2
$ 14,000
2
$ 14,000
$ 14,000
11.5. IIEPA II lr•II:N r oF I.AIII)I1 • Employ 11en1 .nJ 9rnlninR Adnnlnl.lrellan
P S E OCCUPATIONAL SUMMARY
1. CONTRACTOR'S 'NAME AND ADDRESS
Japanese Art Museum
426 South Staples
Corpus Christi, Texas
3. TYPE of PROGRAM I"X"apprupriofe box(er)J
,. 0 it • o b. H vI c. 0 SPeclti Governor's
d.O other /sr, Aryl
4. PROGRAM AGENT. EMPLOYING
AGENCY AND POSITION TITLE
NO.OF.JOSs
COMPARABLE t
WAGE -
ANNUALIZED
CETA WAGE
,SVPPLEMENTATION'
OF WAGE/SALARY
PERSONYEARS
OP
EMPLOYMENT
PLANNED
TOTAL
ANNUALIZED
WAGES
IN
Im
ICI
IDI
[El
IPI
(0)
Subcontractor
1
'1
$ 6,660
7,344
•
0
0
.916
.916
.
$ 6,105
6,732
,
•
_..iv....
$ 12,837
Japanese Art Museum
Non -Project Positions
Hired on or After 10/01/80
Assistant Educational. Director
Acting Curator
a. TOTAL t.— ...
. 2
2
:OMB RPDorai Ho.444116
US. DEPARTMENT OF LABOR
E mp:oym,nt and Trrinln9 ACmtnistratlon
CETA MONTHLY SCHEDULE
-
a• CONTRACT NUMBER
D. TYPE O7 PROGRAM ('.r[•'n' *J
o II - D i5 VI
0 SDaclal crent to Corer, nors
'- CONTRACTOR'S NAME AND ADDRESS
Japanese Art Museum
426 South Staples
Corpus Christi, Texas
FOR REGIONALOF.10E USE 0 r,,•••
CONTRACT KEY
e13
�u
•
r
-
a
ao
o.Z
;a.
,'naz
Eo
ca
V V
e
2
_
2,333
1 121810
2
M
11 5
6 7
8 9
10 311213
4;665
14 15
16 1 2
1 2121
I. MONTH
-
ENO OF MONTH
III. PROJECTED
CUMULATIVE
EXP£NDITVRP—i'
.BY MONTH
II
PLANNED CURRENT ENROLMENT
L
A. PSE
8. NON -P139
22
7 lo_1Y81a
26
2
31
30
$ 1,166
1 11 181 0
2
_
2,333
1 121810
2
.
3,499.
0111811
2
4;665
O 121811
2
5,83r
0131811
2
6,997
4141811
2
8,163
0 1 5 1 8.1 1
2
9,329
0161811
2
10,495
o 1_ 7 1811
2.
11;661
o 1 8 1 81 1
2
12,827
o 1 9 1.811
0
$ 14,000
1 L 1
1 1 1
1 1 L
11
1 L 1
ETA 22028 [AP,. 19791
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 beenduly 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.
. Japanese Art Museum 426 South Staples, Corpus Christi, TX
Legal Name of Applicant Address
James Goldston, Chairman of Board
Signature of Authorized Officer Typed Name & Title of Authorized Officer
October 1, 1980
Date of Application
SPECIAL CLAUSES
1. CS
•
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 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 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
*•-sting, 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. NONDISCRIUI2NATION
the policy of the Executive Branch of the Government that (a) cohtracuors
and suWractors^engaged in the performance of Federal contracts shall not, in
connection with the employment, advancement, or discharge of employees, or 'in connect
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
are treated during employment, without regard to their race, color, religion, sex, or
national origin. Such entice shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or terminatio:.; 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 previsions 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, 1955, 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
Septetiber 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
a_ 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) contractor will include the provisions of pararaphs, (1). through.(7) ip
every s11111
tract of purdhase order unless exempted by rules, regulations, or orders of,
the Secr ary 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 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. /f, 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:
top work under the contract/subgrant on the data <and.to'the extent specifi•
in th ice 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 ofsuch 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.completed or partially completed plans, drawings, information, and other property which,
if the contract/subgrant had been completed, would be required to be furnished'to the
Prime Sponsor, and (iii) the lige, 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 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 may 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
cr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime
Spcnsor 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. er receipt of a Notice of Termination, the Contractor/Su,bgrartee'sha1L sub
zo the e..Sponsbr's Contracting Officer his termination claim -in the form and with
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall
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 ray 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 ir. paragraph (d), as to
the amounts with respect to costs and fes, 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 -
to the terminated portion of the contract/subgrant;
(iii) There shall be included in the reasonable costs of settlement, including
zccounting, legal, clerical, and other expenses reasonably necessary for the preparation
of settlement claims and supporting data with respect to the terminated portion of the
contract/subgrant and for the termination and settlement of subcontracts thereunder,
together with reasonable storage, transportation, and other costs incurred in connection
ith tom.• 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
ccatract/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 con-
pletion of work contemplated by the contract/subgrant, less fee payments previously made
hereunder; or
(B) In the event of the te=r.iratioa of this contract/.subgrant.for the def
of th tractor/Subgrantee, the total fee payable shall be 'snob proportionate part
the fee or, if this contract/subgrant calls for articles of different types, of suc
of the fee as is reasonably allocable to the type of article under consideration) as the
total number, of articles delivered to and accepted by the Prime Sponsor bears to the total
number of articles of a like kind called for by this contract/subgrant.
If the amount determined under this subparagraph (1) is less than the
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; theamount 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
-rtitied 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/
.8ubgrantee 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 reaason 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. TEPMINATION FOR CONVENIE.*NCE
Tb' rovisions set forth in this clause 9t shall govern in 11eu of clause 9a shoul
:his c ct/subgrant be for experimental developmental or research work and the
Contrac /Su'bgran'tee is an educational institution or other nonprofit institution on
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 theCcr.tractor/Subgrantee shall cancel
;is 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. 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 amountso 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 PAYINT Clause of this contract/
subgrant.
e. Subject to the provisions of paragraph (c) above, and subject to any review required
5y 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 sry 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." Prime Spcnsor may from time to timt, under such terms and conditions as it
may pr e, make partial payments against costs incurred by fFe Contractor/Sub rant
in con^ op'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
Pine 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 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 cf 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 REEABILITATION
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
or.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 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 the placing of a bona
fide job order, including the acceptance of referrals of veterans and nonveterans.
This g of enploycent openings does not require the hiring,pf'any particulat' job
applic or'from any particular group of job applicants, and nothing'herein is inten�
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 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.froa
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 aonsupervisory;
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.
01.) "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, enIT:
sediaries, 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) "Di abled veteran" means a'persca entitled to disability compensation under laws
admini d by the Veterans Administration for a disability rated.at 30 percentua or m
or a p whose discharge or release from active duty was far'a disability incurred
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
pert 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 maybe
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 ccntract/subgrant which is not disposed of by agree--:
hent 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/
Snbsrantee 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
5.viderce 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; at nothing in his contract/sgbgrant shall be construed as making final the
cecisio any administrative official, representative, or board,oi 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 immediate notice in writing of
any actions or suits filed and prompt notices of any claims made against the Prime
Sponsor, the subcontractor, or any of the parties involved in the implementation and
administration of the CETA Program,
15. ORDER OF PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
.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 Ccnprehensive 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 p'id to participants, when using their personal auto-
-obile for approved travel, is $.18 per mile.
17. Texas Education Agency (T.E.A,) Certification
The contractor agrees that instructors of participants' classes mist 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
Sacts, Leases, and Ag ee:ents ' '
4110
Contrac`nrs must provide a cop;, of all executed subcontracts, leases, and agreements
:a11 documents are immediately due on execution at CETA Administration).
stration) .
'0. Availability of Funds Clause
The prise sponsor's obligation hereunder is contingent upon the availability of ap-
:_opriated funds flan which payment for the contract purposes can e made. No legal
_lability on the part of the prime sponsor for payment of any money shall arise unless
and until funds are rade available to the prime sponsor for this procurement and notice
cf 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 prime sponsor to pay for costs incurred in the sub-
-_ssion of a proposal or for any costs incurred prior to the eicecution of a formal con -
=act unless such costs are specifically authorized in writing by the prime sponsor's
,ontracting officer. The levels -of operation contained in the approved plans are con-
:itional and final approval is sc:.�ect to levels and conditions curtained in the final
--scat Year 1981 appropriations or continuing resolution.
21. Camrolaint and Grievance Proceauces
The contractor acknowledges that it has specific complaint and grievance procedures
available to participants and prosy tive participants which are consistent with the t:t:i2A
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, uton enrollment into employment or training, ng, with a written
description of the complaint p_roce _:_res, 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.
Corpus Christi National Bank
BANK NAME
SIGNATURE DATE
James R. McCown
TYPE NAME
Vice President & Auditor
TITLE
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $$100,000). •
$ N/A
Coastal Bend Consortium Japanese Art Museum
SIGNATURE
CONTRACTOR'S NAME
DATE SIGNATURE DATE
Mr. R. Marvin Townsend James M. Goldston
TYPE NAME TYPE NAME
City Manager
Chairman, Board of Trustees
TITLE TITLE
FCREEMZNT FOR SPECL\1 BANK ACCOUNT
Ilkhe Japanese Art Museum hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and Corpus Christi National Bank
a banking corporation located at 502 N. Water, 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 " Japanese Art Museum -
Title VI CETA 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. 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
frau the account.
4. _..e v-i^e §:mss.-- shall have a lien upon the credit balance in the
Epecial Bank Account to secure the repayment of.all advance or supple-
mental payments made to the contractor, which lien shall ba 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 wash such written directions.
6. In the event of the service of any w-rit'of attachment, lavy,.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 ca3ssag
of this Special Bank Account.
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of $1;750
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 2. Will the Accounting System be directly
maintained by you?
ElYes r--1 No (If no, who will main-
tain the accounting
system?)
Financial Officer
111 Check if one has not been appointed or
designated.
Donald R. Deis, Jr.
Treasurer
Japanese Art Museum
Name and Address
3. The Department of Labor audit requirements are that the contractor shall retain all
recc ds for three (3) years after submittal of the final closeout report or until
all questioned tests 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.)
Manual Accrual Accounting Systems utilizing the following:
1) Cash Disbursements Journal
2) Cash Receipts Journal
3) Asset/Liability Ledgers
4) Payroll Registers
Entries will be recorded as they are received in the Museum. Monthly income
and expense figures will be transferred to the Asset/Liability Ledger at the
end of each month by the Treasurer. All income and expenses will be reported
to the Board of_Trustees for approval.
USE OF CONTINUATION SHEET, IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is tor-
rent and complete.
SIGNATURE DATE
Donald R. Deis, Treasurer
IYPE NAME TITLE
FIDELITY BONDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provided by this contract.
James M. Goldston
Donald R. Deis
James R. McCown
Insurance Agency (;ame, 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 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 (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.
529-70.202 b-2 Insurance.
•
Corpus Christi, T as
J7 day o , 19 Ya
TO THE MEMBERS OFTHECITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend-; 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
Luther Jones
Edward L. Sample<
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner •
Cliff Zarsky
following vote: