HomeMy WebLinkAbout15776 ORD - 09/17/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN
THE AMOUNT OF $92,379 FOR THE ADMINISTRATION OF THE CITY
OF CORPUS CHRISTI COMPREHENSIVE EMPLOYMENT TRAINING ACT
TITLE II -D AND TITLE VI PUBLIC SERVICE EMPLOYMENT PRO-
GRAM FOR THE PERIOD OF OCTOBER 1, 1980 THROUGH SEPTEM-
BER 30, 1981 AS MORE FULLY SET OUT IN SAID CONTRACT, A
COPY OF WHICH IN SUBSTANTIALLY THE SAME FORM IS ATTACHED
HERETO AND MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
1
SECTION 1. That the City Manager be authorized to execute a contract
in the amount of $92,379 for the administration of the City of Corpus Christi
Comprehensive Employment and Training Act Title II -D and Title VI Public Service
Employment Program for the period of October 1, 1980 through September 31, 1981
as more fully set out in said contract, a copy'of which in substantially the same
form is attached hereto and marked Exhibit "A" and made a part hereof.
SECTION 2. The necessity to authorize execution of the aforesaid con-
tract creates, a public emergency and an imperative public necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall be passed
finally on the date of its introduction but that such ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor having
declared that such emergency and necessity exist, having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED, this the 17 day of September, 1980.
ATTEST:
ecretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPRQVED:
31:6 --DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
tant City Attar(
gallaB
SSP 27 1984
X5776
CONTKALi ,i(iNATUKE JHtET e ,CONTRACT NUMBER
MODIFICATION NUMBER
PRI! aSOR: Cb4staT Bend Consortium
P:O. Boz 9277
Corpus Christi, Texas 78408
CONTRACTOR: City of Corpus Christi
P.O. Box 9277 ,
Corpus Christi, Texas 78408
This contract is entered into by the Administrative Unit of the Coastal Bend Consortium,
hereinafter referred to as Prime Sponsor and City of. Corpus Christi here—
inafter referred to as Contractor.
The Contractor agrees to operate CETA Employment and Training P ogram in accordance with
the provisions of this agreement. This contract consists of j ) 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.
CONTRACT PERIOD: This contract covers the period (date) from October 1, 1980 to -
September 30, 1981
MODIFICATION: This action increases decreasesdoes not: ehaage;_ the ?time Sponsol
obligation for this contract by (this action) $ .to (new level) $
OBLIGATION:
TITLE
Ad'm'inistration
FISCAL YEAR
TOTAL
$ 92,379
FY 81
FY FY
$ 92,379
1
__ •....
Total
$ 92,379
$ 92,379 -
APPROVED FOR TRE'PRIME SPONSOR
BY:
DAY OF
R. Marvin Townsend
City Manager
APPROVED:
DAY OF
'APPROVED'FOR THE CONTRACTOR
DAY OF
BY:
(Signature)
R. Marvin Townsend, City Manager
(Nape and Title)
(Prime Sponsor Use Only)
APPROVED:
DAY OFF
Director of Finance City Attorney
ATTEST:
City Secretary
APPROVED BY THE COASTAL BEND CONSORTIUM
EXECUTIVE COMMITTEE ON
lr.S. DEPARTMEr..7 OF LAOOR • Employment end Training. Administration
BUDGET INFORMATION SUMMARY
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1
2
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prop.
Code
Reg.
SL
CONTRACT KEY
F.Y.
• Proleet
Number
Subl.
Prp
No.
Comp.
Code
Mod.
NO.
MOD. DATE
M M
O 0
Y Y
A. CONTRACTOR' S NAME AND ADDRESS
City of Corpus Christi
Pe. P.O. Box 9277 • •
f Corpus Christi, Texas 78408
0
3
4I 5
6)7
6 9
101 11
12113 114 113
16117
16
19
20
21122123
24125
26 27
26 29
30
E. BUDGET SUMMARY COST CATEGORIES
OMB Approval No. 44.1 1655
B• CONTRACT NUMBER •
C. 1YPE OF PROGRAM
O 1I • 0,C
O 11 •
O 111 .......
O Iv ..............
O VI
O VII
0.0.I
1'A•'nnri
a. GRANT PROGRAM
ESTIMATED FEDERAL UNEXPENDED FUNDS
NEW OR REVISED FEDERAL BUOOET
L TOTAL
FUNCTION OR ACTIVITY -
O. Total
e• YETP In•School
d. Total
e. YETP In•Srhool
Ad 1 6alias
„
sx��s
if'#
2
3
f1.
}k
C 1'
D
2 26
$ 92,379
2. AIIOwancef
il% '?, .T.:
,{
AM:z<
ss ak•ak,..:..,
.fr
v
2
3. Wanes
kf
)< w
fyf'<Ytp
rSsr
u
z
{a
4. Prnge Benefits
a
nkkk
ba 5
x
t, 53
e
1 2
5. Work SIN Supervision
y a
z.}k
q
3£,-K.�#aa
„
1 2
,
�... ,f7�,F ��,Y�
`�
$ 69.285
6. Tralnng
q: ;k>cisL£
tz
•,E'.I-
} F%
$Y 23,095
,
3 26
0
326
7. Service)
,> tm`,f.•:ucti36Lrv, S ,::{ E z
# sl`n
2 Tot Projected Expenditures by Program
i 7,
35
' 44
23,095
.
x
K a1
44
$ 92,379e.
�;{.
44
46.190
326
-I4
-, •53
$ 92,379
I
#
Toler
! Classroom Training, Prime Sponlo
1
:z.
F. CUMULATIVE OUARTERLY PROJECTIONS OF OBLIGATIONS ANO EXPENDITURES (For O Ending)
2':
i'
21
22 23 24
26
1' •"
21
22 23
24
..i -
11 22
23 24
2S
3 'l
j.'
21
22, 2324
0 9
25
AM:z<
1 2'
4
°k'.,
0 3
8
.>
0
68
1
8
1. Prime Sponsor Obligations
1 2
3 k
'
c I k k`.L,'3 F# k.t.
� ,<n"1 `:
I 2
3£,-K.�#aa
k
.:S a,wise.Li+a'�32 k��..r ..
$ 46,190
1 2
3 <,,
s
�... ,f7�,F ��,Y�
`�
$ 69.285
3 p
a
.1 :s
3 26
„-
m.::
$Y 23,095
G
3 26
0
326
0
3 26
92,379
92,379
2 Tot Projected Expenditures by Program
;_5,,,-..1.„
'
35
' 44
23,095
.
z ..
'ate
MO
�;{.
44
46.190
k r'''f;
,•,
<.
} ,
-I4
-, •53
69,285
I
#
;:; 3s
44
! Classroom Training, Prime Sponlo
b. O......Job Training
kt 2..
S:;{ 53
\I; 53
1
a
1
.
`
e..PSE
(1) Subsidised Employ. (Wages/relived
t 3
62
' -X>
.-. 62
121 Trng• tWageI/Fringas or Allow.)
I: 71
m"F...a
0
3'r' 71
!;",n
/
0
4 26
131 Services (Wages/Fringes or Allow.)
0
-r
4 2G
4 26
0
4 76
141 Trng. Cells (No c0mpensa11on)
:
5 Or
v.. 35
44
;'; a';V
36
/;
_ 35
`k`
'x.� 35
tl rlcys
1;
ontractor City of Carpus Christi
•
r
SUPPLEMENT TO TEE CETA - PPS/BIS
Title Administratio
F4scal Year Alv
Contract No.
Mod. No.
L. nurustx or INDIVIDUALS PLANNED
TO BE SERVED, PROGRAM YEAR TO
DATE.
MONTH -YEAR
II. NUMBER OF INDIVIDUALS PLANNED
TO BE ENROLLED AT END OF EACH '
MONTH -
III. CUMULATIVE PROJECTS
EXPENDITURES BY MON'I
OCTOBER.
$ 7,700
NOVEMBER
15,400
DECEMBER
23,095
JANUARY
30,800
FEBRUARY
38,500
MARCH
- -_ - _
46,190
APRIL
53,900
MAY
61,600
JUNE
69,285
Y
77,000
AUGUST
84,700 .
SEPTEMBER
•$
92,359
1. Enter the total planned number of individuals who are planned to be served cumulative
each month. Only individuals who have been declared eligible for and are receiving
services, training, or employment should be counted. The number -in December, March,
June and September should agree with the entries in Part IA of the PPS.
II. Enter the total planned number of individuals who will be in the program covered by
this PPS on the laat.day of each month. Only individuals who have been'declared
eligible for and are receiving services, training, or employment should be counted.
The 'number in December, March, June and September should agree with the entries in
Part IC of the PPS.
III. Enter the planned accrued expenditures of funds cumulative by month. The totals in
December, March, June and September should agree with the entries in Part F of the
BIS.
•
BUDGET SUMMARY SHEET
Title Administration
Name of Contractor:
City of Corpus Christi
Fiscal Ye,3r
Contract No.
Modification No.
Service or Activity:
Administration
APPROVED BUDGET REVISED
Cost.Category BUDGET CHANGES BUDGET
(+ or -)
1. Administration $ 92.,379
TOTAL $ 92,379
$
Attach a one (1) page addendum to the budget specifying each line item cost.
Addendum totals must equal line items.
$ 92,379
$ 92,379
•
1. ATRATION APPROVED BUDGET REVISED
BUDGET CHANGES BUDGE
• (+ or -) ,
•
* A. Staff Salaries $ 62,745 $ $ 62,745
B. Fringe Benefits (Staff) :
FICA** 4,090 4,090
Workmen's Compensation 1,255 1,255
Unemployment Insurance -0 \ -0-
Health & Life Insurance 1,935 1,935
Retirement Benefits 5,148 5,148
Other (Specify)
Other (Specify) -0- -0-
C. Travel (In Consortium) 360 360
D. Travel Expenses (Out of Consortium) • 400 400
E. Staff Training 800 800
F. Bonding -0- _0-
G. Rent $5 656
H. Utilities $ -0- 5,656 5,656
I. Custodial Services $ -0-
J. Telephone 1,500 1,500
K. Postage 300 300
L. Reproduction Costs 3,390 3,390
M. Office Supplies 900 900
N. Major Equipment _0- -0-
($200 or More)
O. Minor Equipment 400 400
($200 or Less) •
P. Equipment Maintenance 600 600
Q. Publications -0- -0-
R. Accounting System 2,400 2,400
S. Management Information System _ -0-. -0-
T. Program Evaluation -0- -0-
* Must match Staff Summary sheet
** As of January 1, 1981, the employer's contribution of FICA will become 6.65%.
JlArr UMIARY
•
CONTRACTOR City of Corpus Christi
•
TITLE Administration'
COST CATEGORY Administration FISCAL YEAR 81
CONTRACT NUMBER
MODIFICATION NUMBER
*POSITION TITLE
** SALARY PER
TOTAL TIME
'IN ALL TITLES
TOTAL TIME
IN THIS
TITLE
TOTAL
AMOUNT
MONTH
HOUR
Project Director •
2260
12
100%-
100%
$ 27,120
Personnel Technician II
1019
. 100%
25%
. 3,057
Sr. Clerk Stenographer I '
931 ,
- 100%
100%
11,172
Senior Clerk Typist
891
100%
100%
10,692
Senior Clerk Typist
892
100%
1001
10,704
•
TOTALS
•
$ 62,745
RENT
SQUARE
FEET
RATE/SQ.
FT./M0.
MO.I
USE
% THIS
TITLE
TOTAL
AMOUNT
1473
32
12
100%
$ 5,656
a. ---FACILITY
b. RENT FACILITY
c. TOTAL
*JOB DESCRIPTIONS•FOR ALL POSITIONS MUST BE ATTACHED.
**COMPLETE ONE BLOCK ONLY. CO*E LETE "MONTH" IF EMPLOYEE IS SALARIED. COMPLETE "EOUR" IF
'EMPLOYEE IS PAID HOURLY.
Senior -Clerk
Stenographer I
Liz Rutledge
Director of
Personnel
Chuck Speed
CETA Project
Director
Ezequiel Elizondo
CETA II -D
Clerical Trainee.
Mary Garza
Senior Clerk
Typist
Alice Brulloths
Administrative
Assistant II
Sarah Cole
CETA II -D
Clerical Trainee
Isidro Dimas
Administrative
Assistant I
John Mulvenna
Administrative
Aide
Consuelo Martinez
July 7; 1980
Administrative
Aide
Linda Flores
Administrative
Assistant I
erolyn Luckenbach
Personnel
Technician II
Annie Soliz
Administrative
Assistant II •
Vacant
Senior Clerk
Typist
Lupe Reyna
Administrative
Assistant I
• Joel Soliz
Administrative
Aide
Juan Lerma
ASSURANCES AND CERTIFICATIONS
General Assurances
1. The applicant assures and certifies that:
a. It will comply with the requirements and provisions of the Comprehensive
Employment and Training Act (CETA) amendemnts of 1978 (Public Law 95-524), here-
inafter referred to as the Act, all federal regulations issued pursuant to the
Act, and with its Comprehensive Employment and/or Training Plan, as approved
by the Coastal Bend Consortium.
b. It will comply with OMB circular number A-102 and Federal Management
Circular (FMC) 74-4 as those circulars relate to functions such as the utiliza-
tion of funds, operation of programs, and maintenance of records, books, accounts,
and other documents under the Act.
2. The applicant, in operating programs funded under the Act, further assures
that it will administer its programs under the Comprehensive Employment and
Training Plan in full compliance with safeguards against fraud and abuse as
set forth in the CETA amendments of 1978 and pursuant Federal regulations; that
no portion of its CETA program will in any way discriminate against, deny bene-
fits to, deny employment to or exclude from participation any persons on the
grounds of race, color, national origin, religion, age, sex, handicap, or poli-
tical affiliation or belief; that it will provide employment and training services
to those most in need of them, including but not limited to, low-income persons,
•
handicapped individuals, persons facing barriers to employment commonly ex-
perienced by older workers, and persons of limited English-speaking ability.
3. In addition to the above requirements and consistent with the regulations
issued prusuant to the Act, the applicant makes the following further assurances
and certifications:
a. It possesses legal authority to apply for the grant; that a resolution,
motion, or similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such addi-
tional information as may be required.
b. It will comply with Title VI of the Civil.Rights Act of 1964, (P. L.
88-352), and in accordance with Title VI of that Act no person in the United
States shall on the grounds of race, color, sex, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will immediately take any measures necessary
to effectuate this agreement.
c. It will comply with Title VI of the Civil Rights Act of 1964, (42 -USC
2000d) prohibiting employment discrimination where (1) the primary purpose of
a grant is to provide employment or (2) discriminatory employment practices
will result in unequal treatment of persons who are or should be benefiting
from the grant -aided activity.
d. It will comply with the requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91-646)
which provides for fair and equitable treatment of persons displaced as a re-
sult of Federal and Federally-assisted programs.
e. It will comply with the provisions of the Hatch Act which limit the
political activity of certain state and local government employees.
f. For grants, subgrants, contracts, and subcontracts in excess of $100,000,
or where the contracting officer has determined that orders under an indefinite
quantity contract or subcontract in any year will exceed $100,000, or if a facil-
ity to be used has been the subject of a conviction under the Clean Air Act
(42 USC 1857C-8 (c) (1)) or the Federal Water Pollution Control Act (33 USC 1319
(c)) and is listed by the Environmental Protection Agency (EPA) or is not other-
wise exempt, the grantee assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the EPA list of Violating
Facilities; (2) it will notify the RA, prior to award,.of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that a facility to be utilized far 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.
1. OW
ES
SPECIAL CLAUSES
0
a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the
sureties, by written order designated or indicated to be a change order,make changes in
- the work within the general scope of this contract, in any one or more of the following:
(1) drawings, designs, or specifications; (2) in the method or manner of performance of
the work; (3) in the Government -furnished facilities; (4) method of shipment or packing;
or (5) place of delivery.
•
b. Any other written order or an oral order (which terms as used in this paragraph
(b) shall include direction, instruction, interpretation, or determination) from the
Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a)above,
shall be treated as a change order under this clause: Provided, that the Contractor/
Subgrantee gives the Prime Sponsor's Contracting Officerwrittennotice 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 equitableadjustment
shall be made and the contract modified in writing accordingly: Provided, however,, That
no claim for any change under (b) above shall be allowed for any costs incurred more than
20 days before the Contractor/Subgrantee gives written notice as therein required, And
provided further, That in the case of defective specifications for which the Prime Sponsor
is responsible, the equitable adjustment shall include any increased cost reasonably
incurred by the Contractor/Subgrantee in attempting to comply with such defective speci-
fications. •
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjust-
ment under this clause, he must, within 30 days after receipt of a written change order
under (a) above or the furnishing of a written notice under (b) above, submit to the
Prime Sponsor's Contracting Officer a written statement setting forth the general nature
and monetary extent of such claim, unless this period is extended by the Prime Sponsor.
The statement of claim hereunder may be included in the notice under (b) above. Where
the cost of property made obsolete or excess as the result of a change is included in the
Contractor's/Subgrantee'e 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
be allowed if asserted after final payment under this contract/subgrant.
g. Failure to agree on the terms of any equitable adjustment shall be a dispute
concerning a question of fact within the meaning of the clause of this contract entitled
"Disputes."
h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding
with the contract/subgrant as changed by the Prime Sponsor's Contracting Officer in
t,'riting, 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•ef the Contractor/Subgrantee in (b) above, resulting from an
oral order by the Prime Sponsor's Contracting Officer.
2. NONDISCRIMCNATION
-t is the policy of the Executive Brafich of-the Government that (a) contract
contractors engaged in the performance of Federal contracts.stiallnot, in
connection with the'amployment, advancement, or discharge of employees, or in connection
with the terms, conditions, or privileges of their employment, discriminate against
persons because of their'age except upon'the basis of a bona fide occupational qualifi—
cation, retirement plan, or statutory requirement, and (b) that contractors and sub—
contractors, or persons acting on their behalf, shall not specify, in solicitations or
advertisements for employees to work on Government contracts, a maximum age limit for such
employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan, or statutory requirement,
3. CHILD LABOR
No trainee or enrollee under 18 years of age will be employed in any occupation
which the Secretary has found to be particularly hazardous for persons between 16 and
18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart 1).
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 ori
will take affirmative action to ensure that applicants are �' and t contractormy
are treated during employment, without regard to their race, color, religion,t
sex, or
national origin. Such action shall include, but not be limited to the following: °r
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay other forms of compensation; and selection for train—
ingg,inclo udg apprenticeship. The contractor agrees to_post in conspicuous places,
'
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 wi1l 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
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary .
of Labor.
(5) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized-fn
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.
The contractor will include the provisions of paragraphs (15 through (7) i
ev bcontract or.purchase.order unless exempted by rules, regulations,,or orde
the retary 9f Labor issued pursuant to section 204 of Executive'Order.11246 of
September 24, 1965, So that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency nay direct as a means of enforcing such provisions in—
cluding sanctions for noncompliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
5. TRAINEE OR ENROLLEE WAGES
The hourly wages paid to enrollees or trainees shall not be less than the following,
whichever is higher: (1) The minimum rate required under'the Pair Labor Standards Act
including any special rate provided by Specification under Section 14 of the Act, as
amended in 1974, or that is applicable to enrollees or trainees, or (2) Any minimum rate
applicable to the enrollee or trainee as required under Federal, State, or local laws if
it is higher than that stated in Item Number 1 above.
6. TERMINATION OF TRAINEES OR ENROLLEES
Trainees or enrollees will not be terminated without prior notice to the trainee or
enrollee and reasonable opportunity for corrections or improvement of performance and
consultation with the Contracting Officer by the training facility for substandard or,
unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed
by disciplinary and grievance procedures approved by the Contracting Officer or his duly
authorized representative: Provided, That in training facilities operating under a
collective bargaining agreement, disciplinary and grievance procedures provided in such
an agreement and applicable to trainees or enrollees covered by this contract, shall govern.
7. TERMINATION
a. The performance of work under the contract/subgrant may be terminated by the
Prime Sponsor in accordance with this clause in whole, or from time to time in part:
(1) Whenever the Contractor/Subgrantee shall default in performance of this
contract/subgrant in accordance with its terms (including in the term "default" any
such failure by the Contractor/Subgrantee to make progress in the prosecution of the work
hereunder as endangers such performance), and shall fail to cure such default within a
period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may
allow) after' receipt from the -Prime Sponsor's Contracting Officer of a notice specifying
the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall
determine that such termination is in the best interest of the Prime Sponsor.
Any such termination shall be effected by delivery to the Contractor/Subgrantee of
a Notice of Termination specifying whether termination is for the default of the
Contractor/Subgrantee or for the convenience of the Prime Sponsor,.the extend to which
performance of work under the contract/subgrant is terminated, and the date upon which
such termination becomes effective. If, after notice of termination of this contract/
subgrant for default, under (1) above, it is determined for any reason that the Contractor/
Subgrantee was not in default pursuant to (1), or that the Contractor's/Subgrantee's
failure to perform or to make progress in performance is due to causes beyond the control
and without the fault or negligence of the Contractor/Subgrantee pursuant to the provi—
sions of the clause of this contract/subgrant relating to excusable delays, the Notice. of
Termination shall be deemed to have been issuedunder(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:
Stop work under the contract/subgrant on`the data and to the extentspeci�
in tics oPxermination; '
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to -the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
Prime Sponsor's Contracting Officer, all of the right, title and interest of the
Contractor/Subgrantee under the orders or subcontracts so terminated in which case the
Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
(5) With the approval or ratification of the Prime Sponsor's Contracting Officer,
to the extent he may require, which approval or ratification shall be final and conclusive
for all purposes of this clause, settle all outstanding liabilities and all claims arising
out of such termination of orders and subcontracts, the cost of which would be reimbursable
in whole or in part, in accordance with the provisions of this contract/subgrant.
(6) Transfer title to the Prime Sponsor (to the extent that title has not already
been transferred) and deliver in the manner, at the times, and to the extent directed by
the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parte, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination; (ii)
the completed or partially -completed plans, drawings, information, and other property which,
if the contract/subgrant had been completed, would be required to be furnished to the
Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling
acquired, or manufactured for the performance of this contract/subgrant for the cost of
which the Contractor/Subgrantee has been or will be reimbursed under this contract/ '
subgrant.
(7) Use his best efforts to sell, in the manner, at the times, to the extent and
at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer,
any property of the types referred to in (6) above: Provided, however, That the Contractor/
Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may
acquire any such property under the conditions prescribed by and at a price or prices
approved by the Prime Sponsor's Contracting Officer: And provided further, That the
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
previously disposed of, exclusive of items the disposition of which has'been directed
cr authorized by the Prime Sponsor's Contracting Officer, and may request the Prime
.Sponsor to remove such items or enter into a storage agreement covering them. Not later
than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove
them 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
made prior to final settlement.
ter receipt of a Notice of Termination, the-Contractor/Subgrantee shall s
to th rime Sponaor's,Oontracting Officer his termination claim in the form and with the
certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be
submitted promptly but in no event later than one year from the effective date of term-
mination, unless one or more extensions in writing are granted by the Prime Sponsor's
Contracting Officer upon request of the Contractor/Subgrantee made in writing within
such one-year period or authorized extension therefo. However, if the Prime Sponsor's
Contracting Officer determines that the facts justify such action, he may receive and
act upon any such termination claim at any time after such one-year period of any extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim with-
in the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/subgrant, determine, on the basis of information available to him, the amount,
if any, due to the Contractor/Subgranteeby reason for the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined.
d. Subject to the provisions of paragraph (c), and subject to any review required
by the contracting agency's procedures in effect as of the date of execution of this
contract/subgrant, the Contractor/Subgrantee and the Prime Sponsor's Contracting Officer
may agree upon the whole or any part of the amount or amounts to be paid (including an
allowance for the fee) to the Contractor/Subgrantee by reason of the total or partial
termination of work pursuant to this clause. The contract/subgrant shall be amended
accordingly, and the Contractor/Subgrantee shall be paid the agreed amount.
e. In the event of the failure of the Contractor/Subgrant and the Prime Sponsor's
Contracting Officer to agree in whole or in part, as provided in paragraph (d), as to
the amounts with respect to costs and fee, or as to the amount of the fee, to be paid
to the Contractor/Subgrantee in connectionwiththe 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 thin 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.o£ the termination of work under sub-
contracts or orders, as provided in paragraph (b) (5) above, which are properly charge-
:J-le to the terminated portion of the contract/subgrant;
(iii) There shall be included in the reasonable costs of settlement, including
e.ccounting, legal, clerical, and other expenses reasonably necessary for the preparation
of settlement claims and supporting data with respect to the terminated portion of the
contract/subgrant and for the termination and settlement of subcontracts thereunder,
together with reasonable storage, transportation, and other costs incurred in connection
with the protection or disposition of termination inventory: Provided, however, That if
the termination is for default of the Contractor/Subgrantee there shall not be included
any amounts for the preparation of the Contractor's/Subgrantee's settlement proposal; and
(iv) There shall be included therein a portion of the fee payable under the
contract/subgrant determined as follows:
(A) In the event of the termination of this contract/subgrant for the
convenience of the Prime Sponsor and not for the default of the Contractor/Subgrantee,
there shall be paid a percentage of the fee equivalent to the percentage of the com-
pletion of work contemplated by the contract/subgrant, less fee payments previously made
hereunder; or
(B) In the event of the termination of this'Contract/subgrant for the t
of ontractox/Subgrantee, the total fee payable shall be such proportionate par
the III(or, if .this cbntract/subgrant calls for articles of different types, of such part
of the fee as is reasonably allocable to the type of article under consideration) as the
total number, of articles delivered to and accepted by the Prime Sponsor bears to the total
number of articles of a like kind called for by this contract/subgrant.
If the amount 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:°`(t) 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,
Sr (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 I
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 is 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
^ntitled hereunder. If the total of such payments is in excess of the amount finally
determined to be due under this clause, such excess shall be payable by the Contractor/
Subgrantee to the Prime Sponsor upon demand, together with interest computed at the rate of
6 percent per annum, for the period from the date such excess payment is received by the
Contractor/Subgrantee to the date on which such excess is repaid to the Prime Sponsor:
Provided, however, That no interest shall be charged with respect to any such excess
payment attributable to a reduction in the Contractor's/Subgrantee's claim by reason of
retention or other disposition of termination inventory until ten days after the date of
such. retention or disposition, or such later date as determined by the Prime Sponsor's
.Contracting Officer by reason of the circumstances.
(j) The provisions of this clause relating to the fee shall be inapplicable if
this contract/subgrant does not provide for payment of a fee.
8. TTP.MINATION FOR CONVENIENCE
provisions set forth in this clause 9b shall govern in lieu of clause 9a shoe
this act/subgrant be for experimental developmental or research work and the
Contractor/Subgrantee is' an educational institution or other nonprofit institution on a
no -fee or no -profit basis.
a. The performance of work under this contract/subgrant may be terminated, in whole
or from time to time in part by the Prime Sponsor whenever for any reason the Prime
Sponsor's Contracting Officer shall determine that such termination is in the beat interest
of the Prime Sponsor. Termination of work hereunder shall be effected by delivery to the
Contractor/Subgrantee of a Notice of Termination specifying the extent to which perfor-
mance of work under the contract/subgrant is terminated and the date upon which such term-
ination becomes effective.
b. After receipt of the Notice of Termination the Contractor/Subgrantee shall cancel
his outstanding commitments hereunder covering the procurement of materials, supplies,
equipment, and miscellaneous items. In addition, the Contractor/Subgrantee shall exercise
all reasonable diligence to accomplish the cancellation or diversion of his outstanding
commitments covering personal services and extending beyond the date of such termination
to the extent that they relate to the performance of any work terminated by the notice.
With respect to such canceled commitments the Contractor/Subgrantee agrees to (1) settle
all outstanding liabilities and all claims arising out of such cancellation of commitments,
with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent
he may require, which approval or ratification shall be final for all purposes of this
clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent
directed by the Prime Sponsor's Contracting Officer, all of the right, title, and inter-
est of the Contractor/Subgrantee under the orders and subcontracts so terminated, in
which case the Prime Sponsor shall have the right, in its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts.
c. The Contractor/Subgrantee shall submit hie 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 eatensioas 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/subgraat, determine, on the basis of information available to him, the amount,
if any duo to the Contractor/Subgrantee by reason of the termination and shall thereupon
pay to the Contractor/Suhgrantee the amount so determined.
d. Any determination of costs under paragraph (c) shall be governed.by the cost
principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAYMENT Clause of this contract/
subgrant.-
e. Subject to the provisions of paragraph (c) above, and subject to any review required
by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution
of this contract/subgrant the Contractor/Subgrantee and the Prime Sponsor's Contracting
Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor/Subgrantee by reason of the termination under this clause, which amount or
amounts may include any reasonable cancellation charges thereby incurred by the Contractor/
Subgrantee and any reasonable loss upon outstanding commitments for personal services
which he is unable to cancel: Provided, however, That in connection with any outstanding
commitments for personal services which the Contractor/Subgrantee is unable to cancel, the
Contractor/Subgrantee shall have exercised reasonable diligence to divert such commitments
to his other activities and operations. Any such agreement shall be embodied in an
amendment to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
f Prime Sponsor, may from time to time; under such terns and conditions as it
.may pre be, make partial payments against costs incurred by the Contractdr/Subgrant
in connection with the terminated portion of this contract/subgrant whenever,•in the
opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is
within the amount to which the Contractor/Subgrantee will be entitled hereunder. If the
total of such payments is in excess of the amount finally agreed or determined to be due
under this clause, such excess shall be payable by the Contractor/Subgrantee to the
Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand,
interest thereon shall be payable by the Contractor/Subgrantee to the Prime Sponsor at
the rate of 6 percent per annum, beginning 30 days from the date of such demand.
g. The Contractor/Subgrantee agrees to transfer title to the Prime Sponsor and
deliver in the manner, at the times, and to the extent, if any, directed by the
Prime Sponsor's Contracting Officer, such information and items which, if the contract/
subgrant had been completed, would have been required to be furnished to the Prime
Sponsor, including: (1) Completed or partially completed plans, drawings, and information;
and (2) Materials or equipment produced or in process or acquired in connection with the
performance of the work terminated 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
qualified disabled veterans and veterans of the vietnam era, that all suitable employment
openings of'the contractor which exist at the time of the execution of this contract and
those which occur during the performance of this contract, including those not generated
by this contract and including those occurring at an establishment other than the one
wherein the contract is being performed but excluding those of independently operated
corporate affiliates, shall be offered for listing at an appropriate local office of the
State employment service system wherein the opening occurs and to provide such reports
to such local office regarding employment openings and hires as may be required:
Provided, That if this contract is for less than $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 noaveterans.
Thi ting of employment openings does not require'the hiring of any particular j
app t or from any particular group of job applicants, and nothing herein is intended
to relieve the Contractor from any requirements in any statutes, Executive orders, or
regulations regarding nondiscrimination in employment.
.c. The reports required by paragraph (a) of this clause shall include, but not be
limited to, periodic reports.which shall be filed at least quarterly with the appropriate
local office or, where the Contractor has more than one establishment in a State, with
the central office of the State employment service. Such reports shall indicate for
each establishment (i) the number of individuals who were hired during the reporting
period, (ii) the number of those hired who were disabled veterans, and (iii) the number of
those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit
a report within 30 days after the end of each reporting period wherein any performance is
made under this contract. The Contractor shall maintain copies of the reports submitted
until the expiration of 1 year after final payment under the contract, during which time
they shall be made available, upon request, for examination by any authorized represent-
atives of the Contracting Officer or the Secretary of Labor.
d. Whenever the Contractor becomes contractually bound by the listing provisions of
this clause, he shall advise the employment service system in each State wherein he has
establishments of the name and location of each such establishment in the State. As long
as the contractor is contractually bound to these provisions and has so advised the State
employment system, there is no need to advise the State 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) "A11 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 noasupervisory;
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.
(2) Appropriate office of.the State employment service system" means the local office
of the Federal -State national system of public employment offices with assigned 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, pub
sidiaries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "
.Contractor proposes * * * to fill pursuant tonal empa which the
union hiring arrangement" means to n ngstforry and tradich no itional emploideration yer-
ll be
union
to persons outside of a special hiring parrangementgs for ,hincluding nopenings 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.
a (5) abledblveteran" means a person entit1 d to disability compensation under lasa�
by the Veterans Administration for a disability rated at 30'percehtum or more,
or a person whose 'discharge or release from active duty was for a disability incurred or
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(1)'served on active duty with the Armed Forces for a period of more than 180 days, any
part of which occurred after August 5, 1964, and was discharged or released therefrom with
other than a dishonorable discharge, or (ii) was discharged or released from active duty for
service connected disability if any part of such duty was performed after August 5, 1964,
and (B) who was so discharged or released within the 48 months preceding his application
for employment, covered by this clause.
h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comply with the provisions of
this contract clause relating to giving special emphasis in employment to veterans, such
veteran may file a complaint with the veterans' employment representative at a local State
employment service office who will attempt to informally resolve the complaint and then
refer the complaint with a report on the attempt to resolve the matter to the State office
of the Veterans' Employment Service'of the Department of Labor. Such complaint shall then
be promptly referred through the Assistant Regional Director for Manpower to the Secretary
of Labor who shall investigate such complaint and shall take such action thereon as the
facts and circumstances warrant consistent with the terms of this contract' and the laws
and regulations applicable thereto.
i. The Contractor agrees to place this clause (excluding this paragraph (i) in any
subcontract directly under this contract.
11. DEVIATIONS
Under the most compelling circumstances such as situations where the needs of the
Government cannot reasonably be otherwise supplied, where listing of employment openings
would be contrary to national security, or where the requirement of listing would other-
wise not be in the best interests of the Government, a deviation from this subpart may be
made, subject to the approval of the Secretary of labor. Requests for any such deviations
shall be addressed to the Assistant Regional Director for Manpower, U. S. Department of
Labor, Employment and Training Administration, 555 Griffin Square Building, Griffis and
Young Streets, Dallas, Texas 75202, wherein the contract is to be signed, and shall set.
forth the reasons for the request.
12. DISPUTES
a. Except as otherwise provided in the contract/subgrant, any dispute concerning a
question of fact arising under this contract/subgrant which is not disposed of by agree-
ment shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his
decision to writing and mail or otherwise furnish a copy thereof to the Contractor/
Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final 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
Britten appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's
Contracting Officer for the determination of such appeals shall be final and conclusive
unless determined by a court of competent jurisdiction to have been fraudulent, or capri-
cious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not
supported by substantial evidence. In connection with any appeal proceeding under this
clause, the Contractor/Grantee shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the
Contractor/Subgrantee shall proceed diligently with the performance of the contract/
subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
connection with decisions provided for in paragraph (a) above:
Provided, That nothing in this contractfsubgrant•shall be -construed as making final
decisi f any administrative official, representative, or board on a question of-
•
13. S RACTING•
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 agreesto 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
ae-inistration of the CETA�Program.
15. -ORDER OF PRECEDENCE =
In the event there are inconsistencies or'conflicta in the ar
i:nless otherwise rovided Brest vd/br givnt inact;
provided, the inconsistencies shall be resolved by „giving...":. `.:; �:=•,
precedence in the following order: (1) The Act (Public Law 93-203,87 Stat_ 839)
The regulations as approved by the Secretaryof Labor (27
(5) FMC 74-4 (3). Special Clauses ` (4) FlSC'74 7 •
(6) The Comprehensive Manpower Plan as stated in'the grant as applicable
to each title.
16. Motions passed. by theConsortitm Lxecutive Board _ t >
_ _ Wit;
June 13, 1974 - Each program that is approved have an approved wa e smile zf derived :_
from a comprehensive wage study conducted in their areas, and
Action Plan.- an -a gPProved Affirmatide
June.17, 1974 — Out—of—area travel for each Progr- a•' .:-not exceed $25.: per -day. •
•
• .
June 2, 1975•—'No contractor exceed 17Z for. administrative-cost•and
• area travel for. any program have clearance by
September 22, 1977 — Allowance of up to 180 per mile for travel. Per rates for out -
of town travel be established at a level equal to Federal per diem rates for all non—profit _
agencies.' Governmental agencies shall pay travel expenses consistent with the policies .
approved by the respective governingbodies.•
April 23, -1980 -' mz3eage:allowance „ 'paid to part ieT {s, wI n using their-fersmal. auto
mho le for approved'. travel,:. is'$.18 per. -
17 Saxes Education Agency (T.E.A.) Certificatirn,•
• .
•
Th oontractor.agxees that instructors of participants'::-• - -e
Texas Diaration Agency,cusses mast he certified by the -
. -
Exceptions will he made only in areas in which T.E.A. doesn't certify.
18. Cancellation of Bonding or Insurance Policy
The costractrar agrees to notify GETA Praminic+•ra
any bonding or insurance policy which relates torn nce of rd agar any Cancellation vices cof o"
to perfor„ta„�-e of Aai�vn,istration or Services coat=
19. Subcontracts, TPasps, and Agreements
Ilikr• -
actors•must ,rovide a'copy of all executed subcon
(all currents are immc;a tracts, leases, and agr
tely due upon execution at CETA Administration) .•
20 Availability of Funds Clause
The prime sponsor's obligation hereunder is contingent upon the availability of ap-
popriated funds onfrom which payment for the'contract purposes can be made. No legal
abilitythe part of the prime sponsor for payment of any Honey shall arise unless
and until funds are made available to the prize sponsor for this procurement and notice
of such availability, to be confirmed in writing by the prime sponsor's Contracting Of-
fices, is given to the contractor.
This request does not commit the prize sponsor to pay for costs incurred in the sub-
mission of a proposal or for any costs incurred prior to the execution of a formal con-
tract unless such costs are specifically authorized in writingby,the prime sponsor's
Contracting Officer. The levels of operation contained in the approved plans are con-
ditional and final approval is subject to levels and conditions contained in the final
Fiscal Year 1981 appropriations or continuing resolution.
21. Complaint and Grievance Procedures
The contractor acknowledges that it has specific complaint and grievance procedures
available to staff personnel and prospectiov'7e.�s'�taff personnel which are consistent with the
CEi21 regulations, 20 C.F.R. Section 676, Subpart P, and the Coastal Bend. Consortium Coax
pla tt and staff
Policies -and Procedures. 'The contractor also assures the prime spon-
shall be provided, upon employment, with a written description of
the complaint procedures, including notification of their right to file a complaint and
instructions on how to do so.
*MEW FOR- SPECIAL BANK ACCOUNT
•
The City of Corpus Christi hereinafter referred to as the
Contractor; the Administrative Unit of the Consortium hereafter called the
Prime Sponsor and Corpus Christi National Bank
a banking corporation located at 502 North Water '
hereinafter referred to as the Bank, hereby mutually agree -as follows:
1. Aa 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 deposlted in the account
established at the bank, designated as the " 101 Combined Fund
Special Bank Account," hereinafter referred to as the
Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit
Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as
amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract-
referred
ontractreferred to in paragraph numbered 1 above, insofar as the deposit and
withdrawal of funds in the above Special Bank Account is concerned,
and particularly shall not permit withdrawal of funds from the Special •
Bank Account except by persons named in said contract as
authorized to incur and pay costs on behalf of the contractor,
but shall not be responsible for the application of funds withdrawn
from the account.
'4. The prime shall have a lien upon the credit balance in the
Special Bank Account to secure the repayment of all advance or supple-
mental payments made to the contractor, which lien shall be superior
to any lien or claim of the Bank with respect to such account.
5. Upon receipt of written directions from the program agent or his duly
authorized representative, the Bank shall act thereon and shall be
under no liability to any party hereto for any action taken in accord -
dance wfcth such written directions.
6. In the event of the service of any writ of attachment, levy, or
execution, or the commencement of garnishment proceedings with respect
to the Special Bank Account, the Bank will promptly notify the prime
sponsor.
7. Authorized representatives of the prime sponsor -shall have access
to the books and records maintained by the Bank with respect to such
Special Bank Account at all reasonable times and for all reasonable
purposes, including, but not limited to, the inspection or copying of
such books and records and any and all memoranda, checks, correspondence,
or documents appertaining thereto. Such books and records shall be
preserved by the Bank for a period of six (6) years after the cmhs±dg
of this Special Bank Account.
B. All monies deposited in the Special Bank Account are
public monies subject to the requirements of Title 12
Section 265 U.S.C. The Bank agrees to take all ne-
cessary measures to qualify with the Secretary of the
Treasury as a depositary of public money and to deposit
satisfactory security by the deposit of United States
bonds or otherwise, for the safekeeping and prompt
payment of the aforesaid public monies as required
by the regulation of the Secretary of the Treasury
and Title 12 Section 265 U.S.C.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed as of the last day of
signing set forth below.
Same as Prime Sponsor Administrative Unit
BANK NAME
SIGNATURE DATE
TYPE NAME
TITLE
•
BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
$ As Required
Coastal Bend Consortium City of Corpus Christi
CONTRACTOR'S NAME
SIGNATURE DATE SIGNATURE
Mr. R. Marvin Townsend
R. Marvin Townsend
TYPE NAME TYPE NAME
City Manager City Manager
TITLE TITLE
• r
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to the contractor in the sum of As needed
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.
A11 initial and subsequent advance payments will be made without interest.
The contracting officer hereby determines that the making of such advance
payments without interest is in the public interest.
•
FIDELITY—BUNDS
List the names and titles of all officers and employees who have authority
to make disbursements of funds provided by this contract,
Same as Prime Sponsor's Administrative Unit
Insurance Agency (Name, Address, and
Telephone -Numbed:
Insurance Company (Memel:
Effective Date of Policy:
Amount of Coverage:
Policy No.
Attach. copies of the premium and policy -of the described insurance.
•
CERTIFICATION OF ACCOUNTABILITY
Under the provision of the Comprehensive Employment and Training Act of 1973, the
Secretary of Labor has the responsibility of requiring that Contractors receiving Fed-
eral Funds under the Act maintain financial records to fully account and control such
funds. To provide the Secretary of Labor with the necessary information, the follow-
ing items of information are to be completed and submitted with the Contract.
•
1. Name, Title, & Organization of Chief
Financial Officer
QCheck if one has not been appointed or
designated.
Harold Zick
Director of Finance
2. Wil] the Accounting System be directly
maintained by you?
fJYes Do (If no, who will main-
tain the accounting
system?)
Name and Address
3. The Department of Labor audit requirements are that.the contractor shall retain all
records for three (3) years after submittal of the final closeout report or until
all questioned 'costs are resolved whichever is longer.
4. Description of your Financial Accounting System (Indicate whether the system is manual
or automated and describe how it will meet the record keeping, reporting, and account'
ing requirements of the Manpower Administration.)
Same as Prime Sponsor Administrative Unit
USE OF CONTINUATION SHED IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
reet and complete.
SIGNATURE
R. Marvin Townsend
City Manager
DATE
•
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.
Same as Prime Sponsor's Administrative Unit
•
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 Publie.Contracts and Property Management, 41
CFR 29-70, July 20, 1979.
•
§29-70.202 b-2 Insurance.
i .1w/5%l:.:! /41 ffl/4;/4t. .
STATE FARM COUNTY MUTUAL PNS. CO. CF TEXAS
TEXAS OFFICE ALSTIINT X78787
FLCRES, ENRICUE JR
2022 YALE
CCRPUS CHRISTI
TX 78416
****IMPORTANT—PERSONAL INJURY
PROTECTION COVERAGE IS CPTIONAL
WITH THE NAMED INSURED.
PDUC? xu>,IaIR
979 9325—Al2-538
FUR•
a.la:
THIS PACE, ANY ENDS RSEMENTS INDICATED
HEREON ANO FORM 9843W.6
CONSTITUTE THE POLICY IDENTIFIED BY
THE POLICY NUMBER.
Wks NE'. Cr,:,i?Ei _:_,
ST ti.: F :4:..
D•trotls--.Chest,
POLICY PERIDOIMONTN•DAT•YEAA)
• JUL-02-80 TO JAN -12-81 MPP 359276
LIMITS OF LIALILIFT —
I,'.OULWA.AIbm E ao,C I r-.ous., C w.,"
2 MAZDA 79 2CR SA22C546777 .+�,d 20 u`�1 'L"" UuO
DETCAIBID YENICLE•M]RE-TGR-BODY STYLVNDNTER
.C -?WERE PRENII,I SRDWN (PREM O* IS FOR POL)CT PERIOD MOWN)
2 60.06` 78.00: •C 1050 ce2.00;G2CC B4.00;2.4:3 ' a
a I i � 1
• I i i 1
UCEPNDNS ARO ENDORSEMENT,
2438 P1 521.00. 158R—L-8116.00, PD $3.00. 192.
CNAR 2 SHORELLINE,TY CORPUSF UCHRISTIRTXT78401. PERSONNELA CAR' 2110
—CORPUS CHitISTI NATL BK, P 0 BOX 301, CORPUS CHRISTI
TX 78403
PLUM INSURED COYERASSS/T S uslawml T PAdWM REPLACED
POUCT 9799325-53'
GCl4M, Lam'.
U—PD
5
i. 9 °00[ $ Tr 6 .43
1 =
1 �
CURRENT 6 MONTH
'PREMIUM E CLASS
!2-393.30 3 K
czTie-. 4�i .}1 L.' ,fir?%f' F' ;SENT
2806
•
•
20A. ADDITIONAL INSURED
This endorsement forms o port of Policy No....97.9.-932.5._5.3a_ issued to ELORESx.-Ell RIa.UE_dF
by the..._..STT.E....F.AP,fi..PllLT.UAL.... AUT.Ofi.OSILs.....2`1$U74;i�..CO..._._____._
Ware of Insurcnce=capcn_.I - -•^-- al its Agency_
located (city and state) _^_._AUST.Ial.. TX..
_ --- and Is effective from _.7.ma-.8Q.
trbe Information above Is required only when this eadone:wos= is(12:01 A. M. Standard Time/
issued subsequent to preparation of the policy)
This endorsement farms a port of the policy to which o!mtLed, effective from us awes of Luna unless otherwise stated herein.
It 1s agreed that such insurance as le allorded by the policy for bodily m•sy liability and far properly damage age liability also applies to
Cz3a'Qr..,CQftP...US._.ttLP2ST.2.`PE S.Oii;IEL.D.P.T.---1 nl.SH.O.RELINErt-.COREUS CHEZTCTT
as 'insured" as defined In the policy. (Enter name anti address of additional Insured) TX
784111
premium. If any. shall be paid to the named insured.
No liability Is assumed by such additbnal insured for the payment of any premiums staled in the
policy or earned thereunder. Return •
The named insured is authorized to act for such additional insureds) in an matters pertaining le this Insurance.
A U further agreed that in the event of cerncelatlon of the policy by the named Insured. the company agrees to moll such additional insured,
at the address given above. written notice of such caneelatlon stating when such cancelation is effective, and d
written notice llll be
mailed to such additional insured. al the address glean above, stating when net tem
writ en not shall bb effective.
canceled y ty ere campa�,
than ten daps thereafter each
such.
Nothing Contained heroin nitaA affect any right of reeevery as a claimant which he
additional Insured would have If not designated as.
•
MAN 20A _ADDTDONAL Th5tt = By -- cti „••••"7
Texas Siaadmd Aatamoblle Endorsement thud Pro
Prescribed May 1. 1957 (Duly Authorized Re ersentative)
•• CERTIFICATE OF INSURANCE EFFECTIUEDATE 1111
OF CERTLFICATE
MAY 15, 1980
ALL STATE INSURANCE COMPANY Home Office. Northbrook.
I!Lnois. hereby certifies that the following, Insurance is in force:
POLICYHOLDER
SARAH COLE
4826 WILLCWBROOK
CORPUS CHRIST I TX 78411
POLICY NUMBER POLICY PERIOD
AI
0 16 432006 08/23 MAY 8, 1980 )201AN
r.mlanaga
.
WITH NO FIXED DATE I
OF EXPIRATION
•
The person or organization designated below is described in. the policy as:
CITY CORPUS CHRISTI
302 S SHORELINE
CORPUS CHRISTI TX 78403
X
LIENHOLDER
(Less Payable Clause)
ADDITIONAL
INTERESTED PARTY
AGENT MANLEY MARCH SPRINGS
PHONE 512 992-0560
Coverages designated below are afforded for each described vehicle:
BI 100,000 EA.PERS.-300,000 EA.00C. 79 CHVET 1B08E94164319
PD 25,000 EA. OCC.
COLLISION $100
COMPREHENSIVE—S50 DEO.
See reverse side for provisions concerning Loss Payable Clause and Additional Interested Party
Endorsements -
This Certificate of Insurance neither affirmatively nor negatively amends. extends or alters the cover-
age afforded by the policy referred to above.
Uaer3-1 PRINTED IN U S.A.
Corpus Christi, T;% as
/7 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
40- fp-
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky