HomeMy WebLinkAbout16562 ORD - 09/23/1981sp;9/21/81;lst
a
AN ORDINANCE
4F
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT PUBLIC SERVICE EMPLOYMENT
CONTRACT IN THE AMOUNT OF $31,883 FOR THE PERIOD OF
OCTOBER 1, 1981 TO FEBRUARY 28, 1982, AS MORE FULLY SET
OUT IN SAID CONTRACT, A COPY OF WHICH IN SUBSTANTIALLY
THE SAME FORM IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXE-
CUTE ALL RELATED AND NECESSARY DOCUMENTS; 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 and he is hereby authorized
to execute a Comprehensive Employment and Training Act Public Service Employ-
ment Contract in the amount of $31,883 for the period of October 1, 1981 to
February 28, 1982, as more fully set out in said contract, a copy of which
in substantially the same form is attached hereto and made a part hereof,
marked Exhibit "A".
SECTION 2. That the City Manager is authorized to execute all
related and necessary documents in the implementation of the aforesaid
program.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the public
necessity of executing the aforesaid contract, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consid-
eration and voting upon ordinances or resolutions at three regular meetings
so that this ordinance is passed and shall take effect upon first reading
as an emergency measure this ..43114 day of September, 1981.
ATTEST:
APPROVED:
22nd( DAY OF SEPTEMBER, 1981
THE TY OF CORPUS CHRISTI, TEXAS
1.6562
SEP 271984
M1CROFILMED
CONTRACT SIGNATURE SHEET.,
GJNIMALI nUmBtR
MODIFICATION! NUMBED(
PRIME Si. R: CONTRACT R:
Coastal Bend Consortium City of Corpus Christi
P.O. Box 9277 P.0.•Box 9277
Corpus Christi, Texas 78408 Corpus Christi, Texas 78408
'his contract is entered into by the Administrative Unit•of the Coastal Bend Consortium, here-
nafter referred •to as Prime Sponsor and City of Corpus Christi
.eferred:to as Contractor. hereinafter
The Contractor agrees•to operate this CETA Employment and Training Program in accordance with •
:he provisions of this agreement. This contract consists of 30
Ind such other provisions and documents as are included herein, Fages, including this page
rhe Contractor•hereby agrees that he has read this contract and will abide by all terms speci-
fied herein and also certifies that the information in this contract is Correct to the best of
lis knowledge and.belief and that this contract has been fully authorized.
Funds hereby being obligated are subject to the availability clause.
rhe Contractor. 'hereby agrees that they have read and will abide by the Coastal Bend Consor-
•
tium's Assurances, Certifications, and Special Clauses. These Assurances, Certifications, and
Special.Clauses are hereby incorporated by reference in this contract.
:ONTRACT PERIOD: This contract covers the period from
February 28, 1982
(Date)
•
October 1, 1981 to
(Date)
iCOIFICATION: This action increases decreases does not change:
Sponsor obligation for this contract 171,-"-- to $.
JBLIGATION: (this action)
the Prime
(new level)
__
Administration
r1 t.AL YtAR
TOTAL
$31
FY 82
FY
FY
$ 31.883
$
$•
$
$
$
883'
_
TOTAL
$ 31,883
$
$
$ 31.883
APPROVED FOR THE PRIME SPONSOR
DAY OF
BY:
(Signature)
Ernest Briones, Deputy City Manager
(Name'and'Title)
;PPROVED:
Mt DAY OF Sepfbv 1 101-
APPROVED FOR THE CONTRACTOR
DAY OF
BY:
(Prime Sponsor Use Only)
'ersonnel Department
=TTEST:
ici SA
•
"itv Secretary
(Signature)
R, Marvin Townsend, City Manager
(Name and Title)
APPROVED:
22
OF
City
4
APPROV D 8 THE COASTAL BEND CONSORTIUM
EXECUTIVE COMM TEE ON August 19, 1981
U . rat rnn1812/17 (Jr LAnon • Ernnloyment amf Training. Admin.:union
ion
BUDGET INFORMATION SUMMARY
0
3
Code
41 5
Reg.
-11.17
CONTR
SI. F.Y.
019_
ACT KEY
Protect
Number
101 11
1211;114 115
4Sub
ro041'
No.
16117115.
Comp.
Code
Mod.
No.
MOO. DAT
E
19120
2122 23
MM DO
24125 26127
Y Y
i
20129_30
A. GRANTEE'S NAMC ANO ADDRESS
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
E. BUDGET SUMMARY COST CATEGORIE
riot' APprrgel N, 44 1116•12
D. (MAUI tI,Jt tir.tt
R min s rat on 7-7—m;
Ou•ex 0 V
D 11 • D 0 VII
O 11I ........,,0 Other •„,,.,.,,,,.
O IV ..... ........._......_..__.
a. GRANT PROORAM
FUNCTION OR ACTIVITY
ESTIMATED FEDERAL UNEXPENDED FUNDS
NEW OR REVISED rEDERAL DUDGET
b. Total
0. YETP in•Schoel
tl. Toles
24 25
1• TOTAL
1. Adminlllratloh
�,,,<,aw •_•
:,�">w:Yv'.{6^':•'",µ•'4a:'»`�s`'�<
:HKc:aS: 'iri4y ".,`.,:;':fit
iv
� :..4'4'..:s >y,»+5.
::.
'• . t;s:••;.<
1 2
3
e. TP n.
YETP
E I 9ehool
^,.. Seg: •,1•.yj:y,:k pyL ^.�:y :•?:
)'•=.
' ;
m
$31,883
-..:`•.�:<. s°. •},:: �s..:'S.:•wf�s•.....
ry
nhowance,
Wagef •
•'• ht>�„•<•:z::k•,5b4'.y::: ti
<<. •.3.. ,,e.. c.:d<:+`�:�..fi• �.
..^'s
4,,,.'»•i"Y"3-'
•.2.
.r. :ea:s. .x�>`%a':,
"`•gip: ,
„G 'z
s :
is
1: 34
.,..
r;v &"• ;'". >...t,:
.
,•�.�,i>•.;.l.,
.?:s•::',:.a.'
..<:.1x:.,^;.3.
Fringe Benefits
,.,„«'
.,..:..w.. . ,^^c
'z:
i�'?,>'i�`:§`»:44.
.o°-
t;."y:>ti^tee,S'g..>;�!1g;.::
».'
. >+c.
•. "`K''-te3?.•:••^`•f'>�t_,F,�<,
y.
•:'�:
.>=`''g.S.
Work SIU Supervlllod
.•i3'':
'`„1.c-.n.�p;;.,wKn
5•;±t
_,.1
J. :•:7
24 25
,.
-0
6. Training
ru,tce'�t
.•'�.
i
f:s
c^:.e .•.�3:::
••4..43
.
<`.UGCel{:
a<'3:z:� i'rc:'i''''Z''.
7. Services •
.
.y�ey.;,�y'�-.�.��1..•vss,r�`�l;.,3m.-.:))er."".r•,
4.
{'Yk.b�•'3:'. s _ n�:,.<•�>kes•`'..;c,.n•'I.;$.,;•r^.it:..
`..,'1,
. .
,.,J
:T..�,
7
0 3 8
2
.'.;
r
2
3
35
_ $31.883
":bR-'41i.,..,.:8.
t
.{`3u.•,yK:',
SI1
44
all nob
Totals
,a .^ vs's
r. t:umul.ATIVE QUARTERLY PROJECTIONS OF ODLIGATIONS AND EXPENDITURES (For Quarter Bodine
21
22 23
24 25
•�''
21
22 23
24 25
)'•=.
' ;
f
.,..
1 2
8 1sf
< <: >,::,
•7,”:
_,.1
22 23
24 25
-0
21
22 a 24
25�
g:;'r:'
0 3 8
2
r
6a.'.��:
^.'
2 2
3.
y a�3L4:s
1
2 3„
•,`
1. Prime Sponsor Obligallont
O 328
1 ' ,800
G
3 `
_»:';'
d• �az�
$31 8
____F�"e.,,,.::_x°i..;85
- - - '." .».:5".
y:
...�` :,•.y3
s{G
;.`'•.
"''S v:'.': �:;: ws'._','
2. Total Projected Expenditures by Program
i
35
$19 800
.
y,z;:
3s
$31, 883.;3
O
3176
6
G
3 28
a. Classroom Tnlntng, Prime
,
32,
..;.
Sponlor•
,
44
a•' <'•o,s
"""::
.. 44
.a,
.,,,a ;• x
14
;ry 44
.b. 00•ihe•Job Training
;4',..:.'i: ::`
-
53
0. FSE
Il) Subsidised Employ. (Wages/Fang:51
s •53
>''
41.• ;?:f';@y�
:•
. y<
�`s;
62
62•
• (21 TN.. 1Wages/Frin*et or Allow.)
r%. •, .y
71
'4 "
%.'.
�•
"'”" '
:1,
431 Services (Wages/Fringes or Aitow.)
G 4
26
G
7
4 26
•>
141 Tani. Coslt
G
4
0
4 26
- (No eompenntlonl
<.-33
35
'�'
ot.,;;;:
Jy
15) Services Coils No eompontalloo)
3'i:i•�,•
_
.f:..
6. Work Experience
t;, <`r•'is'53
'::V:
N53
-•�'•
e. 000110.1 10 Parlidwnl/
�; .tf• -Si:02
=r'if 62
}'
:. <<,
'..f
12
- I. Other Activlllel
;Si,`'
x';
`w
.,>, ;is.:
”' • •
f; 62
}�
71
„•c
c•:•
w, .71
.;;,•
•�
'
9. Career Employment Experience •
G B
20
'.>: E r�1
b
ser 21
b.
'>�.'^' ;:s
0
5 26
0
016
0
8 211
Transition 5enlees
Sr:
J2
t.^r•
- 1. •Iona) Exptoretlon 14061111F.w
d4
•>'s
4."m
»fid 44
'•':£
. f
:as ,35
""t'
� i
m
I r Enllllemen•
�"' 53
,»•~
•moi
3.0. .4 Expenditure; of Non•Fud. Fundy;'
�,"
62
.6.. 4,
x?� 62
•••
4. a. Upending
o.'.'•':.i ''ti
71
...a...4..
71
#
: i•i,
b. Retraining
0 5
26
0
0,26
G
5
28. •
G
0 26
ETA 5145 (May 19601
'iOGRAM ' Arimin'istration - PSE Pose Out
SUPPLEMENT TO THE CETA - PPS/BIS
TITLE
CONTRACT NUMBEP
• MODIFICATION •WUMBEL
NUMBER OF INDIVIDUALS PLANNED TO II. NUMBER OF INDIVIDUALS PLANNED
BE SERVED, PROGRAM YEAR TO DATE. TO BE ENROLLED AT END OF EACH
ONTH-YEAR
CTOBER
MONTH.
N
/A
III. CUIMULATIVE PROJECT
EXPENDITURES BY
MONTH.
JOVEMe3ER
DECEMBER
JANUARY
= EBRUARY
ARCH
$ 6,600
6,600
$19,800
26,400
$31,883
;.PRIL
AY
JUNE
ULY '
=UGUST
SEPTEMBER
INSTRUCTIONS
• I. 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 entires 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 last 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
• .0iCU-
Contract No. .
Modification N
kroZ
Service or Activity:
Administration - Public Service Employment - Close out
Cost Category
1. Administration,
APPROVED BUDGET REVISED
BUDGET CHANGES BUDGET '
(+ or -)
•
$ 31,883 $
TOTAL $ 31,883
Attach a one (1) page addendum to the budget specifying each line item cost.
Addendum totals must equal line items.
1. P' 'ISTRATION APPROVED BUDGET
BUtGET CHANGES
(+ or -)
* A. Staff Salaries $ 23,985 S - -
B. Fringe Benefits (Staff) :
FICA **
1,595
Workmen's Compensation • 360
Unemployment Insurance
Health & Life Insurance 668
Retirement Benefits 2,009
Other (Specify)
Other (Specify)
C. Travel (In Consortium) 440
D. Travel Expenses (Out of Consortium)
E. Staff Training
F. Bonding
G. Rent $ 500 sq. ft. at .46 per ft. x 5 mos.
H. Utilities $ 1,150
I. Custodial Services $
J. Telephone 306
K. Postage
L. Reproduction Costs
M. Office Supplies 250
50
200
N. Major Equipment
($200 or More)
0. Minor Equipment
($200 or Less)
P. Equipment Maintenance
Q. Publications
R. Accounting System
S. Management Information System
T. Program Evaluation
* Must match Staff Summary sheet
** As of January 1, 1981, the employer's contribution of FICA will become 6.65%
$
'0
r
APPROVED BUDGET REVISED
BUDGET CHANGES, P' 'T
(-for -•)
U. Indirect Costs $ $ $
V. Other (Specify) Professional Services
Moving Company, Moving
Equipment - Truck Rentals
W. Other (Specify)
R. Other (Specify)
870
Total $ 31,883 $ $
This space provided for comments on any of above items:
A. Staff Salaries $23,985
B. Fringe 19.312$ 4,632
C. Travel - 200 miles at .220 440
0. 'Rent -• 500 sq. ft. at .460 for 5 months 1,150
J. Phone 61.20 per month (5 months) 306
K. Postage 50
L. Reproduction Costs (Xerox) $40 per month 200
M. Office Supplies (Consumable) $50 per month 250
V. Professional Services - (Moving Company, Truck 870
Rentals, Moving Equipment Rental)
31,883
A
STAFF SUM•IMARY
CONTRACTOR City of Corpus Christi TITLE Administration
Administration
COST CATEGORY
FISCAL YEAR 82
CONTRACT NUMBER
MODIFICATION NUMBER
- *POSITION TITLE
•
** SALARY PER
-
TOTAL TIME
IN ALL TITLES
TOTAL TIME
- IM THIS
TITLE
TOTAL
AMOUNT
MONTH
.HOUR
Project Director
$2,565.
5
5 mos. -
100%
$12,825
Administrative Assistant I
1,497
4 mos.
100%
5,988
Administrative Aide •
1,293
4 moa.
100%
5,172
•
•
•
TOTALS
$23,985
RENT (FACILITY)
SQUARE
FEET
RATE/SQ.
FT./MO.
t30. IN
USE;
% THIS
TITLE
TOTAL
AMOUNT
a. RENT
500
.46 •
5
100%
$1.150
b. RENT
c. TOTAL
* JOB DESCRIPTIONS FOR ALL POSITIONS MUST BE ATTACHED.
** COMPLETE ONE BLOCK ONLY. COMPLETE "MONTH" IF EMPLOYEE IS SALARIED. COMPLETE "HOUR" IF
EMPLOYEE IS PAID HOURLY.
PROGRAM NARRATIVE
The City of Corpus Christi through its CETA Personnel Unit will coordinate
the close-out of the Consortium's Public Service Employment Program. The
Consortium's Public Service Employment participant's records will be inven-
toried, indexed, stored in a central location and prepared for a final audit.
This phase will include a thorough review of employee files to insure that
appropriate documents such as Certification, E.D.P.'s, fast pacts etc. are
available for each file. In addition equipment utilized in conjunction with
the Public Service Employment Programs will be located inventoried and brought
in for central storage. The unit will also provide follow-up services for
those'Public Service Employment employees terminated on September 30, 1981.
R
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,
9
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.
10
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-.
suit 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 contractor 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.
•
11
1. CHA
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 performanceof
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 ie(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'a •
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 ease 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 specs-.
fications. .
e. If the Contractor/Subgrantee intends to assert a claim for an equitable adjnat=
meat under this clause, he must, within 30 days after receipt of a written change order.
under (a) above or the furnishing of a written notice under (b) above, submit to the '
Prime Sponsor's Contracting Officer a written statement setting forth the general nature
and monetary extent—of such claim, unless this period is extended by the Prime Sponsor.
The statement of claim hereunder may be included in the notice under (b) above. Where
the cost of property made obsolete or excess as the result of a change is included in the
Contractor's/Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer
shall have the right to prescribe the manner of disposition of such property. -
SPECIAL CLAUSES
f. No claim by the Contractor/Subgrantee for an equitable adjustment hereunder shall
be allowed if asserted after final payment ender 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,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'of the Contractor/Subgrantee in (b) above, resulting from an
oral order by the Prime Sponsor's Contracting Officer.
2. NONDISCRIMINATION
12
It the policy of tbe•Executive Branch:of the Government that (a) contractors
and sul 'actors engaged in the performance of Federal contracts shall not, in
connect- with the employment, advancement, or discharge of employees, o'r in connectio,
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. Pait 1500, Subpart E).
Any eligible trainees and enrollees under 17 years of age will be employed only in accor-
dance with the limitations imposed by 29 CFR Part'1500, Subpart C. •
4. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows;
- (1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion,sex or
national origin. Such action shall include, but not be limited to the folloing:
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 inconspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that -all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin. ,
(3) The contractor will'send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous •
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, o= pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clause
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary,of Labor, or as otherwise provided by law.
13
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.
Same as Prime Sponsor Administrative Unit
BANK NAME BANK COLLATERAL required, based upon
estimated maximum bank balance, (Ex-
cluding FDIC coverage of $100,000).
SIGNATURE DATE
$ As Required
TYPE NAME
TITLE
Coastal Bend Consortium City of Corpus Christi
SIGNATURE
CONTRACTOR'S. NAME
DATE SIGNATURE DATE
Mr. Ernest M. Briones R. Marvin Townsend
TYPE NAME TYPE NAME
Deputy CityjIlmer
TITLE
•
City Manager
TITLE
AUTHORIZATION FOR ADVANCE PAYMENT
An initial advance payment to"the'contractor in the sum of 9,900
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 Traintug 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.
26
CERTIFICATION OF ACCOUNTABILITY
Under the provision of the Comprehensive Employment and Training Act of 1973, the
Secretary of Labor has the responsibility of requiring that Contractors receiving Fed-
eral Funds under the Act maintain financial records to fully account and control such
funds. To provide the Secretary of Labor with the necessary information, the follow-
ing items of information are to be completed and submitted with the Contract.
1. Name, Title, & Organization of Chief
Financial Officer
Check if one has not been appointed or
designated.
Harold Zick
Director of Finance
2.• Will the Accounting System be directly
maintained by you?
ElYes n No (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 e 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 SHEED IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is cor-
rect and complete.
SIGNATURE DATE
R. Marvin Townsend, City Manager
TYPE 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.
Same.as,Prime Sponsor's Administrative Unit
Insurance Agency (Name, Address, and
Telephone'Numberi:
Insurance Company CName1:
Effective Date of Policy:
Amount of Coverage:
Policy No.
Attach. copies of the premium and policy'of the described insurance.
00
. 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 rotor vehicle con-
ducted under this contract shall be insured as follows:
A minimum coverage of $100,000 per person and $300,000
per accident for bodily injury, and $25,000 per acci-
dent for property damage.
•
Ensures that the Department of Labor (DOL), the Coastal
Bend Consortium,and the City of Corpus Christi is held
harmless against claims arising from the ownership,
maintenance, or use of a motor vehicle.
Insurance Agency (Name, Address, and
Telephone Number):
Insurance Company (Name):
Effective Date of Policy:
Amount of Coverage:
What activity does the insurance cover?
Attach copies of the premium and policy of the described insurance.
Federal Standards for Public Contracts -and Property Management, 41
CFR 29-70, July 20, 1979.
§29-70.202 b-2 Insurance.
Staff has not been designated as of this date. When staff is tdenttfied
the appropriate documentation'wi'll he submitted to the Coastal Bend Consortium,
(7) "' 'Detractor will include the provisions of paragraphs (1) through (7) in
every su rant or purchase order unless exempted by rules, regulations, or orders of
the Secre___y 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 ENROT3.RP, 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 nfnimun rate -7--
applicable to the enrollee or trainee as required under Federal, State, or local laws if 7'
it is higher than that stated in Item Number 1 above.
6. TERMINATION OF TRAINEES OH 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. TERHINATION
a. The performance of work under the contract/subgrant maybe 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 becomAs effective. If, after notice of termination of this contract/
subgrant for default, :order (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 delay's, 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:
1s
(7 ip work under the contract/subgrant on the date and to the extent specifiee
in the 2s a of Termination; •
(2) Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for completion of such portion of the work under the contract/
subgrant as is not terminated;
(3) Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination;
(4) Assign to the Prime Sponsor in the manner and to the extent directed by the
Prime Sponsor's Contracting Officer, all of the right, title and interest of the
Contractor/Subgrantee under the orders or subcontracts so terminated in which case the
Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
(5) With the approval or ratification of the Prime Sponsor's Contracting Officer,
to the extent he may require, which approval or ratification shall be final. and conclusive
for all purposes of this clause, settle all outstanding liabilities and all claims arising
out of such termination of orders and subcontracts, the cost of which would be reimbursable •
in whole or in part, in accordance with the provisions of this contract/subgrant.
(6) Transfer title to the Prime Sponsor (to the extent that title bas not already
been transferred) and deliver in the manner,•at the times, and to the extent directed by' -
the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work
in process, completed work, supplies, and other material produced as a part of, or acquired
in respect of the performance of, the work terminated by the Notice of Termination;. (ii)
the completed or partially completed plans, drawings, information, and other property which,
if the contract/subgrant had been completed, would be required to be furnished to the
Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling
acquired, or manufactured for the performance of this contract/subgrant for the cost of
which the Contractor/Subgrantee has been or will be reimbursed under this contract/ -
subgrant. .
(7) Use his beat 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 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
rade prior to final settlement. lc
c. ?r'•r receipt of a Notice of Termination, the Contractor/Subgrantee shall submd'
to't'e F Sponsor's Contracting Officer his terilnation claim in the•form and with
certific. .a prescribed by the Prime Sponsor's Contracting Officer. Sucff claim shall
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/Subgrautee 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/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/Subgraat 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 coat 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
vith 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-
z.ble to the terminated portion of the contract/subgrant;
(iii) There shall be included in the reasonable costs of settlement, including
sccounting,•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
vith 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
ary amount's for the preparation of the Contractor's/Subgrantee'a 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 16
(B) In the event•of the termination of this contract/subgrant for. the defa•
of the C .ctor/Subgrantee, the total fee payable shall be such proportionate part of
the fee (a,., if this contract/subgrant calls for articles of different types, of such pc.__
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
nwnber 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 vbere-'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:411) 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 wbich is payable
with respect to the work under the continued portion of the contract/subgrant shall be
equitably adjusted by agreement betwean.the Contractor/Subgrantee and the Prime'¢ppnsor's
Contract4*1g Officer, and-suCh adjustment shall be evidenced by an amendment to this
contract/enbgrant.--
1. 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
,-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 fen shall be inapplicable if
this contract/subgrant does not provide for payment of a fee.
8. TEP*SNATION FOR CONVENIENCE
17
The inions set forth•in this clause 9b shall govern in lieu of clause.9a should
this con /subgrant be for experimental developmental or research work and the
Contrecto:,dubgrantee 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 1s 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.
e. The Contractor/Subgrantee shall submit his termination claim to the Prime
Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in
no event later than one year from the effective date thereof, unless one or more exten-
sions in writing are granted by the Prime Sponsor's Contracting Officer upon written
request of the Contractor/Subgrantee within such one-year period or authorized extension
thereof. Upon failure of the Contractor/Subgrantee to submit his termination claim within
the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review
required by the contracting agency's procedures in effect as of the date of execution of
this contract/subgrant, determine,' on the basis of information available to him, the amount,
if any due to the Contractor/Subgrantee by reason of the termination and shall thereupon
pay to the Contractor/Subgrantee the amount so determined. -
d. Any determination of costs under paragraph (c) shall be governed.by the cost
principles set forth in the ALLOWABLE COST, FIRED 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
Ccntractor/Subgrantee shall have exercised reasonable diligence to divert such commitments
to his other activities and operations. Any such agreement shall be embodied in an
amendment to this contract/subgrant and the Contractor/Subgrantee shall be paid the agree
amount.
may prescribe, make partial payments against costs incurred by the Contractor/Subgrantee
in canner' e with the terminated portion of this contract/subgrant whenever,•in the
opinion a Prime Sponsor's Contracting Officer, the -aggregate of such payments is
within thy.. ".mount to which the Contractor/Subgrantee will. be entitled -hereunder. If tbe
total of such payments is'in excess of the amount fivally agreed or determined to be due
under this clause, suet' 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 Sponsorr 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 Prima'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, 4ee'lemeg' (I) Completed sr. partial] y completed, plass, drawings,•and information;
and (2) Materiels 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, vitb 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/gubgrant or shall otherwise be credited to the price or
cost of work covered by this contract/subgrant or paid in such other manner as the Prime
Sponsor's Contracting Officer nay direct. Pending final disposition of property arising
from the termination, the Contractor/Subgrantee agrees to take such action as may be
eecessary, 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 Ae102.and parts of Paragraph IV, applicable to construction
procurement. -
0. 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
Dpenings 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
Dy this contract and including those occurring at an establishment other than the one
:herein the contract is being performed but excluding those of independently operated
:orporate affiliates, shall be offered for listing at an appropriate local office of the
;tate employment service system wherein the opening occurs and to provide such reports
:o such local'office regarding employment openings and hires as may be required:
?rovided, That if this contract is for less than $10,000 or if it with a Stateco`r local
;overnment 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
:lause shall be made at least concurrently with the use of any other recruitment service
Dr 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 1 6 of employment openings does not require the hiring of any particular job
applica:._ Jr from any particular group of job applicants, and nothing herbin ii intend,
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.
a. 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 organizes- -
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•affiliatea, Fhb=• . •
sidiaries, and parent companies), and includes any openings which the Contractor proposes
to fill from regularly established "recall" or "rehire" lists. (4) "Opaniags'wbich 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) "Disa1led veteran" means. a person entitled to disability compensation under laws
administ by the Veterans Administration for a•disability rated at 30.percehtum or v
or a per. ,hose discharge or release from active duty was for a disability incurred c
aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who
(i) served on active duty with the Armed Forces for a period of more than 180 days, any
part of which occurred after August 5, 1964, and was discharged or released therefrom with
other than a dishonorable discharge, or•(ii)-was discharged or released from active duty for
service connected disability if any part of such duty was performed after August 5, 1964,
and (B) who was so discharged or released within the 48 months' preceding his application
for employment covered by this clause. •
•h. If any disabled 'veteran or veteran of the Vietnam era believes that the Contractor
(or any first-tier subcontractor) has failed or refuses to comply with the provisions of •
this contract clause relating to giving special emphasis in employment to veterans, such'
veteran may file a complaint with -the veterans' employment representative at a local State -
employment service office who will attempt to informally resolve the complaint and then
refer the complaint with a report on the attempt to resolve the matter to the State office
of the Veterans' Employment -Service of the Department of labor. Such complaint shall then '
be promptly referred through the Assistant Regional Director for Manpower to the Secretary •
of Labor who shall investigate such complaint and shall take such action thereon as the
facts and circumstances warrant consistent with the terms of this contract and the laws
and regulations applicable thereto. • - -- - -- • ---
i. The Contractor agrees to place this clause (excluding this.paragraph (i) in any
subcontract directly under this -contract.
11. DEVIATIONS
Rader the most compelling circumstances such as situations where the needs of tare • .'
Government cannot reasonably be otherwise supplied, where listing of employment openings
would be contrary to national security, or where the requirement of listing would other-
wise not be in the best interests of the Government, a deviation from this subpart nay be
made,'subject-to the-approval'of the Secretary of Labor. Bequests 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-:
=ant 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
critten 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•vith the Prime Sponsor's Contracting Officer's decision.
b. This "Disputes" clause does not preclude consideration of law questions in
connection with decisions provided fon in paragraph (a) above:
'rovided, That nothing in this contract/subgrant snail be construea as maxing ring' tnq
Decision r` -Ay administrative•official, representative, or board on a question of law.
13. SUBCt,ACTING
The subcontractor shall obtain written consent of the Prime Sponsor prior to sub-
contracting any parts of this agreement. The Contracting Officer may, in his decretion,
ratify in writing any such subcontract; such action shall constitute the consent of the
Contracting Officer as required by this•paragraph.
14. COURT ACTIONS
The subcontractor agrees to give the Prime Sponsor immediate notice in writing of
any actions or suits filed and prompt notices of any claims made against the Prime
Sponsor, the subcontractor, or any of the parties involved in the implementation and
administration of the CETA Program.
15.. ORDER OF PRECEDENCE
In the event there are inconsistencies or conflicts in the grant and/or contract,
unless otherwise provided, thereon, the inconsistencies shall be resolved by giving
precedence in the following order: (1) The Act (Public Law 93-203, 87 Stat. 839) (2)
The regulations as approved by the Secretary of Labor (3) Special Clauses (4) FMC 74-7
(5) FMC 74-4 (6) The Comprehensive Manpower Plan as stated in the grant as applicable
to each title.
16. Motions passed by the Consortium Executive Board:
June 13, 1974 - Each program that is approved have an approved wage scale derived
from a comprehensive wage study conducted in their areas, and an approved Affirmative
Action Plan.
June 17, 1974 - Out -of -area travel for each program not exceed $25 per day.
June 2, 1975 - No contractor exceed 17% for administrative cost and All out -of -
area travel .for any program have clearance by the staff.
April 23, 1980 - The mileage allowance paid to participants, when using their personal
automobile for approved travel, is $.18 per mile.
June•10, 1981 - Mileage for non-governmental agencies is $.20 per mile for.travel.provided
contract budgets have sufficient funds to cover expenses under this item. Per diem rates for
out-of-town travel will 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 respective governmental bodies.
17. Texas Education Agency (T.E.A.) Certification
The contractor agrees that instructors of participants' classes must be certified by the
Texas Education Agency.. Exceptions will be made only in areas in which T.E.A. doesn't certify.
18. Cancellation of Bonding or Insurance Policy
The contractor agrees to notify CETA Administration immediately upon any cancellation of
any bonding or insurance policy which relates to performance of Administration or Services __...
contract.
L9. Wow- - acts, and •Agreeirents
Qontt. .yrs must provide a copy of all executed subcontracts, leases, and agreanents
(all docaurents are innediately due upon execution at MA Administration).
20 Availability of Funds Clause
The price sponsor's obligation hereunder is contingent upon the availability of ap-
propriated 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 prize sponsor's Contracting of
fiver, is given to the contractor.-- ..
This request does not CCinit the prim 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'arespecifically authorized in writing by the prhre sponsor's
Contracting CWf4. r. The levels of operation contained in the approved plans are con-
ditional and finalapproval is subject to levels and conditions contained in the final
Fiscal Year 1981 appropriations or continuing resolution.
21. Complaint and Grievance Procedures - •
Ile contractor .acknowledges that it has specific complaint and grievance procedures
available to staff personnel and prospective staff personnel which are consistent with the
(219 regulations, 20 C.F.R. Section 676, Subpart F, and the Coastal Bend Consortiiun Com-
plaint and Grievance Policies -and Procedures. The contractor also assures the prime spon-
sor that staff personnel shall be provided, upon etplayimnt, with a written description of
the complaint procedures, including notification of their right to file a r nllMut and •
instructions on bow to do so. •
21
'r. ENT FOR SPECIAL•BANR 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 N. Water '
hereinafter referred to as the Bank, hereby mutually agree -as follows:
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 ptime-sponsor shall'be deposited in the account -
established at the bank, desigaated•as the " 101 Combined Fund
'Special Bank Account," bereinafter referred to as the_
Special Bank Account.
2. The Bank is "insured" within the meaning of The Federal Deposit -
' Insurance Corporation -Act (Act of Sept. 21, 1950; 64 Stat. 872 as --'.._
amended 12 U.S.C. 265).
3. The Bank will be bound by the provisions of the Contract
referred to in paragraph numbered 1 above, insofar as the deposit and '
withdrawal of funds in the aboveSpecial 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-p=3s}e ilii ket' -shall, have a lien upon the credit balance in; the '' •
•
-- Special Bank'Account to secure the repayment of all advance- or. supple- _.._
mental:Payments iaade to the contractor, which lien shall be superior:•
to any_lien or.elaim of the Bank with respect to such -account. •.. -
. Upon receipt of written• directions -from the program agent or his duly
authorized representative, the Bank shall act thereon and shall be
undei no liability to'any party hereto for any action taken in accord -
dance with such written• directions.- -• • •
6. ..In -the event of the service of•aufirit ofattacbment, levy, or
execution, or the commencement of garnishment proceedings with•respect
'to the Special Bank Account,•the.Bank will promptly notify the Titins.
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 ail 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 cabal:1g
of this Special Bank Account.
2a
Corpus Christi, Te
23wd?day of 4%44 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16562