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HomeMy WebLinkAbout12167 ORD - 07/10/197411 71 JRR:vMR :7 -8-74; 1sT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IMAGE OF ALICE FOR THE CONDUCT AND ADMINISTRATION OF YOUTH EMPLOYMENT PROGRAMS FUNDED UNDER TITLE III OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", 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 AN AGREEMENT WITH IMAGE OF ALICE FOR THE CONDUCT AND ADMINISTRATION OF YOUTH EMPLOYMENT PROGRAMS FUNDED. UNDER TITLE III OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF .1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION Z. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE AGREEMENT HEREINABOVE DESCRIBED IN ORDER THAT THE YOUTH EMPLOYMENT PROGRAMS MAY BE CONTINUED WITHOUT DELAY 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING•REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED ANO'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 DAY OF JULY, 1974. ATTEST: ASST CITY SEC ETARY MAYO THE CITY OF CORPUS CHRISTI, TEXAS. APP QVED: fJ DAY OF JULY, 1974: /� V ✓KiV� r]('� CITY TTORNEY Wc 1 N 6 TAIILE OF CONTENT 1. CONTRACT SIGNATURE SHEET 2. APPLICATION FOR CONTRACT 3. PROGRAM TRANSITION SCHEDULE 4. PROGRAM OPERATING PLAN (POP) 5. PROGRAM NARRATIVE (STATEMENT OF WORK) 6. PROJECT COMPONENT BUDGET 7. .ASSURANCES AND CERTIFICATIONS 8. SPECIAL CLAUSES 9. STANDARDS OF PERFORMANCE 10 SUPPORTIVE DOCUMENTS COASTAL BEND RANPOWFR CONSORTIUM 302 S. shorej_jne COrPUS Christi, Texas 78408 IMAGE UP ALICE, INC. Heritage Place Center P-O.Bam 248 This co;]t_ct - z's Ora :tor and iZ; entered into by the '3ri.,-.e Sponsor, -Z' LUGE rafej-r OF ALICE, INC. e- cd ton Contractor. e2-nafl'-r Tile Contractor azrees to Operat-z a Co mere: epSi-,,e E'=310y=ent a,:d T,,-::j in accord,,-nce wz--th the uravi , � ..-.4 this sheet - 'E-lor:s G-'- this a,3rer=:-,ent. This Ccatrazt ' a! d such. general and snecial assLL-rxices as are irc--14 (See Page 2) hercir. A. OBLIGATIO_•T (1) The total estimated Federal cost; Of t,'ie C----TA FY( COASTAL -13Eha-a ree lectei DrOZ]7am is n Item - A of Projec:- Jr Plan. This estimated cost will cover the period all, (2) Funds obligated bY the Prime Spcn:30r ar-2 ' 42,892•00 . These funds cover the period B. MODIF—ICA—eljuol�j �� to -"pPt Wber��- Ti-lis r,.dificationL7incruz:c;e:; /—/ - the funds- nrev! / 7 '1Z. -OuSjy obligutc:d by C. to a total obligatio., of $ (2) Description of •cdification C. TITLE JyD FI=CALL �., '1j Ulhe total fl-V10%; for tj!j, CoKltr'lct by title 'In" f";Cc11 FiLc'u Yc'Lr Title I Title I, Title'111 - FY 75 $42_�L192-00 _$42,892.00 TOTAL $42,892.00 By T Nolan Boyd, President j BI R. Marvin Townsends City Manager ACD -I—TLE �sIWJATL-,E " -- ATTEST: e City ec"t"y W� APPROVED: P.A GE 1 C),,' ,,",.,-,City Attorney ` ONSORTIUM RA�ce Center P.O.Box 248 302 S. Shoreline P- GO us Christi i 781.09 Texas � COASTAL BEND SU*ZR YOUTH PROGRAM Prime Sponsor Fu, ontractor Type ^ ( New Contract, / co 11 t other (Snecify) ` ' ' JulY 11, 1974 J=e 27, 1974 ' Nolan Boyd President —A C- � ' ` ' i. Cc^Lr,,ScL No. .�.�...R.••.••••.�� �_ - -. - • vn mnl ro ,ne1 • .r•ir,nen ± E�� •nl 1l yntirtri fermlre110n 4.01-11r.0.111n G 0. F.1 G If G1 ACO�'.t eA le, Yr,�rnm In he yletrntlnv rO 1 -CDA CAT00AICAL PPODnPpY IDr 1fCVoIALD P CODE H �— CrTA MOVAAr A I.CTIVITT f✓uPTA rn;,er,� errr �nrlr� nnnre rn� wlrl�ln ,l TO C[ Ifrrm frem7 DATC OF P;IASC.v lt;p,, pr r, IrrCOn.eOF LTr1:0 CAT[C ^.01CA1 /14nA ATIVE S'JV VA.. ^.r the m;nn C� !nnrJ inlvrinp epnrinvirr o/.rr.;cr. Cco trac ED 5 i—i TI. ^el.f CnnCD •bore/ rr•� P'iO + +:tr rfrem Graiecr Cp<fatfnp G/en; JAI FRI' —' � CCI Ipl ILI IFI • � NIA NIA NIA N/A N/A N/A Cun[ra�c; aAM T It, A C,WR' ?y (IT '1.5 Cont r :1 "G, ••. 1,rvE D1 rano� <•; - a33z - ut7;;rane (,' :onLl7, ept I,y, ber j n 1- T1.1.1 ®,.( d 1,1974 T° September 30, .. TOTS\ :r.'DI \:711 -TLS TO 7: `•.RVEp Is.,.n .•1 A./ •nJ A._) ENTICING T.IS FROGRSM TEAq J.1 (JC HZ Ih fc) ICI � :. Ih :1 \'l(: L'SLS CArRIED OVER FROM FHEVIOVS FROG NAM YF AR -O- % X % % X X ; -� TOTAL if.OIVIOJALS TO TIE TE :MINAi ED DURINO PROGgAU YEAR (Svm a! Q,/ fhl—A fl.41 I. Frlroe b.n.1::s • 70 F. Sary c nnt , to Clls - In9 TP.AIYI 6. Oth+r ACtiyltl..c T. CI^ECT PLA;,EME. \rc. NO CFTA TRAINING OR EMPLOYMENT -Q� 'eH•I CrTA Frrrl. to b• e•ni•d Imo w.•t ar...c aavr•m r\ r1Ar r,71 .0. t•L•� Ir c 2. Iti71 RE C: PLA:.CM_ITS• FOLLOWING CETA TRAINING /EMPLOYMENT D. Plol.er..d •.treed ltw•. of wI .••.J t. b. • rv.A ewn..t•t.�slr drrley lhn wror.m Har. C11•M q..- yw..P.cll..db,I.. prime sponsor. nen-F "d—1 Fund. 3, O'.Nfq POSITIV2 T(RMINATIONS 4 yA A A Pr Nnw SOO..r a'. Grent Z"EHT OaOUP D/3a 72/37 ] /]1 Youth 14-22 �. °n0 1. N�Y•ROSITIVF TEIMIN'ATIONS _n1 - 1 h.•M'i(• (:F Ihrl VtOl'SCS PLANNFO TO RE ENROLLED AT THE FNO OF EACH C'IARTFR IA -1—, R .11•. , - n.r. n 1.11VITIFS .tar O•Inv (•) 7M nu'.eer el frdirldv.ls to b..erved !n each Wag— acNvlty Com..letlr.ly Vwc -'.oh thn wool•, Year; tb) The nvroer df i,olvldvals olwnned to be enlalled in each Prw••m r.ctirity at thn end of ench avennr: an Indlrldu.l rno Is ecn_w•�r.tly a then er.e act:ri tY should be c cnt ed In arch 80ivily In which ).e cr .n. 11 w,,,Ii,d. » /]a 12/31 ]/37 nOGRAM ACTIVITY TOTAL CURRENTLY TOTAL CURRENTLY TOTAL CUaRCNTIT SERVED ENROLLED SERVED "ROLLED SLRVED ENROLLED h wl n qt " .. TOTT.L CV• SERVEO I ENAJL! ! C. T. Cl-- Tna,• Rime Su. f: .Mn.inl.lr.tion -� 2. On•Tha•JOh TrnlninD � 1 3. Publl. Service Emutom , -0- — —2,4150 w. Work E —tienc I. Frlroe b.n.1::s • 70 F. Sary c nnt , to Clls - In9 TP.AIYI 6. Oth+r ACtiyltl..c i. $.rv.C•.,t To Clients _1 F 7JL/•'.J L/ C. Pr°l.cl.d ..°•ndll.na. l°r 'eH•I CrTA Frrrl. to b• e•ni•d Imo w.•t ar...c aavr•m r\ r1Ar r,71 .0. t•L•� Ir c :IUhIIICANF CLIENT GnOUPS. Ird.e wt• th. nu•.b.r of Imi —dr•11 1n ..eh D. Plol.er..d •.treed ltw•. of wI .••.J t. b. • rv.A ewn..t•t.�slr drrley lhn wror.m Har. C11•M q..- yw..P.cll..db,I.. prime sponsor. nen-F "d—1 Fund. E. Othwr f.d.rel Fund•, not In 4 yA A A Pr Nnw SOO..r a'. Grent Z"EHT OaOUP D/3a 72/37 ] /]1 Youth 14-22 �. °n0 F. GRAND TOTAL Roi.cl.d E =.dll..r.. IS— dl .7,C. OTH!G A:.71':17 :15 - +1 •- - - - -- -' - -- • IV,. CUMULATIVE P&OJECTIOS RY'CL'ATZFFA OP FINANCIAL FL.1rr Talal Cc�.A lu.d. •r. NebM dwlq lhl. +nCr n1 (rJlerf Y•or••n w.r 15 P1 A -I 1rd A.. +t $42.892: N -- A /]D S. Fu.ds car.:.d In lrsm pfay:ovs IxaOr.m y.wr or , I ^1 etlar A. fYlwy Spdnr or ObliDatlon 9. N.w tandinD IFY Iern,rle aNae.rionJ 'WL2.892 'dirt +nt•ct.d •. pr.dltr r. Ip 71t1. M°pr•re '••1 lymrdd,! rM.c9h 19.6/ $42.892 $3,703.00 R, Tot•I PrPI•ct..d E. vend. .. by ftm— Actl.lty: !Seer Ill. Ll; (S.m o1 R,f th", d -E/ T. Cl-- Tna,• Rime Su. f: .Mn.inl.lr.tion -� 2. On•Tha•JOh TrnlninD L Aile.•ncaa 34,27:!—.Go 3. Publl. Service Emutom , -0- — —2,4150 w. Work E —tienc I. Frlroe b.n.1::s • 70 F. Sary c nnt , to Clls „ Tl.i —a ^0- 6. Oth+r ACtiyltl..c i. $.rv.C•.,t To Clients _1 F 7JL/•'.J L/ C. Pr°l.cl.d ..°•ndll.na. l°r 'eH•I CrTA Frrrl. to b• e•ni•d Imo w.•t ar...c aavr•m r\ r1Ar r,71 .0. S..PPI.n�mel Vne, Ed, . _ :IUhIIICANF CLIENT GnOUPS. Ird.e wt• th. nu•.b.r of Imi —dr•11 1n ..eh D. Plol.er..d •.treed ltw•. of wI .••.J t. b. • rv.A ewn..t•t.�slr drrley lhn wror.m Har. C11•M q..- yw..P.cll..db,I.. prime sponsor. nen-F "d—1 Fund. E. Othwr f.d.rel Fund•, not In 4 yA A A Pr Nnw SOO..r a'. Grent Z"EHT OaOUP D/3a 72/37 ] /]1 Youth 14-22 �. °n0 F. GRAND TOTAL Roi.cl.d E =.dll..r.. IS— dl .7,C. E0941470 1950.30 -a Mo •0-11 VI. OTHER ACTIVITIES IRe1.r.ncr 11.5; Irrlleel• of 1....et(ritl.. ar •t+U•1 orear.w.a on .n.ehmen•. D..er.b• th.ir citl•elw.r •nd 11•1 e.i!•.tm.•• to..rrd tM:r .rc M.r•....n1 rn . er...11t atlr. w 1.•rrNiw Fraa.wtwtierV /OPrienllJ A. NATIONAL ORGANIZATION Involvement of Mexican Americans in Gainful Endeavors P. 0. BOX 248 • ALICE, TEXAS 78332 • TELEPHONE (512) 664 -0672 IMAGE OF ALICE SUMMER YOUTIi PROGRAM NARRATIVE The Image of Alice Coastal Bend Summer Youth Pro- gram will provide assistance to rural youths from eco- nomically disadvantaged families and who are potential school dropouts. The goal of the Image program is to deter the frustrating pace of school dropouts by pro- viding youthful participants with economic assistance (work experience job placement) and induce academic incentive and motivation through constructive career counseling. The program will place 69 youths (14 -21 years of age) from economically disadvantage families and who are potential dropouts or returning dropouts, in part - time work experience jobs. The majority of the youth will come from the 14 -18 year old category. The remainder will be selected from the 18 -2.1 year old category. Image of Alice will be responsible for recruit- ment, enrollment, orientation, placement, monitoring, and for the provision of supportive services for all youthful participants. Recruitment and enrollment of all youths, regardless of sex will be accomplished in accordance to age and economic needs. Youthful parti- cipants will be recruited from the following sources; 1. News Media 2. Schools 3. Law Enforcement agencies 4. Juvenile Probation and Adult Probation 5. Community agencies 6. Community residents 7. Walkins Image of Alice personnel will orientate each Youthful participant into the program by assisting "PRIDE AND MOTIVATION" contributions are deductible for u. s. ineome tax purposes • A NATIONAL ORGANIZATION Inrolvemenf of Mexican Americans in Gainful Endeavors P. O. BOX 248 • ALICE, TEXAS 78332 • TELEPHONE (512) 664 -0672 -2- • in the completion of necessary paperwork(applications) followed up by an interview to discuss the youths needs, establish goals, and set a course of action. Image personnel will be responsible for developing work sites for each enrollee, based on the youthful participant's needs, and to provide constructive monitor- ing so as to insure that each is developing healthy work habits as well as work experience. In addition, Image will establish constructive communications with school counselors as well as attendance officers so as to provide continued monitoring of Summer program partici- pants during the regular school year. Negative termina- tions will be kept to a minimum and Image expects ninety - five per cent (95 %) of Summer youth program participants to complete the program as well as the school year. Image of Alice will be responsible for making allowances in accordance to minimum wage law regulations. Each youthful participant will be paid $2 an hour and allowances will be made in accordance to time and atten= dance reports. Image will set up an accounting system under a Bank of South Texas special fund account(see Agreement for Special Bank Account) that will document all program costs. Image of Alice will revise its Management by Objectives System (MBO)so as to insure. the successful implementation of the summer youth program and thereby comply with management and administrative requirements of the Coastal Bend Manpower Consortium. Image's Personnel Policies & Procedures Manual (revised 1972) has all relevant information deemed important to sound personnel administration in the organization. An affirmative action plan is also on file *Tth Image's Management By Objectives System. Image of Alice has in the past been aggresively involved in efforts to deter duplication and overlapping of social services and to improve cooperation and coor- dination among social servie agencies. Image will "PRIDE AND MOTIVATION" contributions are deductible for u. s. income tax purposes • A NATIONAL ORGANIZATION Involvement of Mexican Americans in Gainful Endeavors P. O. BOX 248 • ALICE, TEXAS 78332 • TELEPHONE (512) 664 -0672 - -3- continue to explore every channel in order to success -; fully implement its Summer Youth Program. The organiza- tion pledges to coordinate its program in accordance with the guidelines established by the Coastal Bend Manpower Consortium and to coordinate its supportive services with the Consortium, its committees, area wide Consortium sub - contractors, as well as local, state, and national agencies in the area, and all other social service agencies. Image of Alice will offer its services to;all youth in the area but its Summer Youth Program will be available only in those counties designated by the Coastal Bend Manpower Consortium. Placement of economically disadvantaged youth on part -time work experience jobs will therefore be done only in the rural area of Kleberg, Jim Wells, and Nueces counties. Image of Alice's Personnel Policies and Procedures Manual.has an affirmative action plan for equal em- ployment opportunity for employees and applicants that complies with the Equal Employment Opportunity Commission's regulations in prohibiting discrimina- tion in employment because of race, color, sex, or national origin. "PRIDE AND MOTIVATION" contributions are deductible for u. s. income tax purposes • Recruitment ,Youth Participants 'gill be recruited through the follow - ing system: 1. Hevis Media 2. Schools 3. Police ',q, Juvenile Jus- tice System 5. Community Agen- cies (local, state, federal I 6. '!alk - ins X17 ity residents Intake 1. The Receptionist assists the yout in completing an application. 2. The receptionist will schedule a meeting between the youth and the interviewer, 3. The interviewer will review the application & together with the youth will decide on a course of ac- tion. YOUTH PAGTICIPPJ!T FLW! CHAR[ Orientation 1. Interviewer will explain to the youth what is expected in the course of action that is to be taken. 2. The Interviewer will make prepara tions for the youth to partici- pate fully in the course of action. �3. The Interviewer will inform the youth of addi- tional services. Course of Actio 1. In school part - time jobs on the job training, and useful work ex- perience. 12. Programs to pro- vide unemployed, 1 underemployed or _ low income youth (aged 16 & over) with useful work & training (in- cluding suffi- cient basic edu- cation and OJT) designed to as- sist them to develop their i maximum occupa- tional potential & to obtain re- gular competitive employment. 3. Sunnier jobs in 1'! r ,: G Oil alld iS o'; oa..li lly t'Sd yoLfi;il. FU I 1--p Follow -up proce- dures will be im- plemented at two pre- determined post placement dates to contact youth and employ- ers in relation to �attitudes, perfor- mance, progress, etc. • • Monitoring &i Evaluation Specialist Imag of ;AIic IMAGE, Inc. National Board of Directors IMAG nc. FN ational Executive Committee IMAGE, Inc. T } National Executive Director j mage of Image o Image rownsvillel !!Crystal of 1 1City Dalla Clerical Staff m�ge Image of of arlinge Missio Accountin Specia11s Image Image of of Pecos iSan Antoni ibP Or coy" OR IMAGE OF ALICE FLI�,CTIQN OR ACTTVTTY - . COASTAL BEND SUMMER YOUTH PROGRAM (') Al"'J"ISTRATIVE COST: (2) WAGES: (3) TRAD,ING: (4) FRI-INGE BEh—tFITS: (I-) ALLOWMICES: (6) SERVICES: TOTAL -[J�'OMTT: PAGE 1 OF 6 PAGES rTr,—, • -v,cr":jT 3,703.00 -0- -0- 2,966.70 34,272.00 1,950.30 42,892.00 -, (t.} .nnxrIr: r:rA'er�-�; co:c•rs • b C. OFFICE SUPP.T.r::s: d. PF,001R."L"T EVALUATION: e. ACCOUNTIzfG SYST-124- f- I'VIFORMATION SYSTF21: 9- ST,WlE "L-EMOVER SERVICES COUNCIL: h. PRIf•!E SPONSOR PL101MIM3 i. TPA,—,,L: J. RE1,17: k. UTILITIES: I. CUSTODIAL SERVICES: la. INDI-RECT COSTS: n. STU-7 TRckji,ING: 0- TECHNICAL ASSISTANCE: P_ ERUM-MIT: q. MATERIAL: r. CAPITAL ITjp_qOvE?,Cj.,-TS: s. PUBLIC. ITTO_,,S: *t. AUDIT _liv u. ME, R: (Specify) Telephone; V. OTHER: (specify) w. OT"LPR: (Specify) X. MER• (Specify) SUB-TOTAL -2- $3WO.00 175-50 150.00 -.p- -0- -0- vu.uu 93.00 —0— 120,. $3.703.00 • BACK -'JP SuPPO�T DUDGET • ,mou -LIT (2) WAGES: a. On —Job- Training: b. Transitional Subsidized 'c- aployment: -0- c. Other: (Specify) -0- d. Other: (Specify) -0- (3) TRAI:uING• a. Salaries: -0- b. Fringe Benefits: -0- C. %i.tions: -0- d. Entrance Fees: -0- e. Books: _0- f. Teacher's Aids: -0- 8. Other: (-=e= --:• -0- h. Other. SUB-TOTAL -0- -3- (4) r"2PiGF, BF-YFITS: a. Annual Leave: b. Sick Leave: C. Court Leave: d. Military Leave: e. FICA: f. Life Insurance: g. Fealth Insurance: h. Uneraploymeat Insurance; i. Workmen's Compensation: J- Retirement Zenefits: k. Other: (Specify) I. Other: (Specify) SUB -TOTAL (5) ALLOwp -tyaS: $2.00 an hour SUB -TOTAL -L- $2,004.91 961.79 $2,966.70 $34,272.00 • 0; a. Child b. hoLIth C:u•e: C. ' :ediCZLL 6ervices: d. Rcsideatial. Support: c. tojsi*tance in Securing Bonds f. Fe=ily Planning: 6. Outreach: h. InLaltie and Assessment: i. Orientation: J. Couacelins: k. job Development: 1. Job Placement: n. O--er. .11 (Specify) n. OtIner: (Specify) o. Other: (Specify) SU-3-70TAL GRAND TOTAL -0- -0- -0- -0- -0- -0- $1,950.30 -0- $1,950.30 $42,892-00 t!ost items 3how-. On Preceedi.n.,; pages will require -ctailez support in the fora of a cost breakdown as to how the Contr,ztor arrived at the cost fig . ures. Attached is a staple format as to how this may b! s,.braitted. P=-XIBILITY OF COSTS: Administrative cost Will not exceed of the tot` The flexibility 0-- costs between cost cateSories -wj,j cze• :4 -ree=e- :!rir !Ie�ot4ate.3 a 't -2 -e 7 C::153 "e • • glH7 1 SFtET�. � F7 /uo_ USSk Ik USN r�FFJ USE A OT 7 .. RZHT..0- 1..00 .:............... 1834 j 3 � I $93 -0L1 s. aF?iT._...... I �. TOTAL $3 =1,OQ_'�*°. a $93.00 Cur- CO;;�aACr /ef z n,; .r Ai :fain :rC� :, n1:0 C ::irftrrCATfufrs �' lc�e : ;Pplic u�t assure , nd .certifies that: a. It will comply With the requirements of the Comnr• :kic:n;ivc ls:rloyricnt and Training Act of 1973 (P.L. 93-203', 11c':'cuftcr referred to as the Act, and with the regulationc s:J Policies promulgated thereunder; and b• It will comply -with 01'f3 Circulars numbered A -87, A_95, and A -102 as those circulars relate to the utilization -of funds, the OT- --ra-tio" of pro;;r.L•ns, and the maintenance o 6 t f reco aid other documents rds, bodes, under the Comprehensive ELoloynent and Trair.it; 2• The applicant _ further assures and certifies that if the regulation,, Promulgated pursuant to the Act are amended or revised, it shall c)n. with theca or will notify the Prime Sponsor ti on of t within 20 days after tile a ^..endments or revision that it cannot so conform, so to t tile Prime Sponsor nay terminate the grant. 3 h ^.^ition to the recuirements of 1. issue and 2. . Ove, and consistent _it!- theyrc;ulations d pursuant to th follosrinm f e Act, ail applicants c=:e the � urther.ssurances and certifications: a• It possesses le.-sl authority to apply for the grant; a resol :tics notion or similar action has been duly adopted or Gassed as eial act of the apalicant s governing body, `' on[- of the d1', authorizin ice fil :n� application including all uzderst g y twined therein, and zing th and assur ;:cc, coa- directing and authorizing the person identi_e.; IS the official representative of the applicant to act cennec�o❑ infoin _ vith.the application and-to provide such additional may be. required; r cc' as b- NO person in the United States shall, on the ground of race, co =e_ or national origin, be excluded £row participation. in, be denie_ the benefits of, or be otherrise subjected to discrimination under ,__ Program or activity for Which the applicant receives Federa cial assistance and will immediately take any measures neces; =r `'- effectuate this agreement. Zo c. It will cos:_oly with Title VI of the Civil Rights Act o_ 195E (42 USC 20003) prohibiting . e =ploy ent discrimination v er, (_} the primary- purpose of a grant is to provide employrent o- (2) diecriminatory employment practices will result in unecu -I mcnt of persons who are or should be benefiting frc :. tae -r aided activity. ' - =at- wiLh rcquir0.-j-!j,,z; of the iO?k:: of ;L-ulce and Ro,,L1 Pfz)Pcrty Acqui-,,ition: ; 'P 01;6) Which provid0s, for fair and ucilliLLW-c: displaced as a result of Federal 'Lnd will co:zply the prov'--Lo;'s Of the Hatch Act whiclj th' -Political activity uf The Proj-,ra:.-t luldl-'V VIL Act doe not involve political ac v t; i I It will entabLinh S.".rULItiard-,; to DrOhibit c;;ploy,•e-S from UL%i F."'. th"il• positicn for L ljjjrpos, that it,: or gives th.,, -in,; W ) ot, b MOtiV,LL0d by dc�,;jre for M•-lvatc rain for thc:i-x;o.Ue.: cr Liumv with whoa they hav, f,,L!Ili- LY, bu inez,.; or oLirc^ IL will givo tll- Pri-•' Sponsor, Dc-pnrLmcnt of Labor and the Ucr.in:1ro1J':L' Cl-liLl-ZLI, Lhrov.-Il any auLnorized roprOJentaLive, Lho icco.;j to a-'-i the LO 0yz.%-minc all records, bL)orzz, Pap,,rs or doet-L-,iont- relnLi�-(j Lo UO P--!"-f;oIj with responsibilities in the operation 0.- ally the Act will di!3crJmjnLLc with n rcspe: -t to ul, Or :Lly ^Pplicara for l" ticivation in r;ILch color, national orij,111, Sex, politjL:rLj bc-Liefs. (Soc. 6030 6.12) "Ar" -Ln juip. Lr , in tilt, PrO�I.rzu.q will not be err. lo, on the Or Majilten2nCe Of that part of tilly facility -hi far -ch iz religious instruction or worshiD- (Sec. 603(3)) I-01D riate standards for health r-nd safety in work and trai. n i r: q uaions will be Maintained. (See. 603(5)) snoitiOns Of C--zPloyrment or trainin, will be appropriate =,-'- rr,cs with regard to the type or wori,, the geographical reSlor, Proficiency Of the ao;)li—nt- (Sec. 603(L)) Anllroprlate workman's compensation protection will be p r ovid^d zo otl Particip-,-jt--. (Sc- 603(6)) � •!je program will not result in the displacement of c*r--,Ployed wo,-'-.crs impair cxistinc, COItr-'Cts for services or result in the_ sob -i_ .talon Of Fcdcrall funds for other funds in connection Vith work would othel"ise be perforr.-,,,d. (see. 603(7)) "ra"nin will not be for any OccuPations which require less th-- Of pre -employl-ent traininS, unless immediate tuniLics are available in that occupation (Sec. 603(8)) •to tir • , r, inai�id-A-LL'., i'uiJ: ;i, c:.,,., u; ,,rt::nLLi,.• rshi:h r;ilL r - _ I IT ..;:l.C- su;Cicic It . (;_c . 60';(`J), 10"( -,)( Lu1.1o:' -:L1. s'ci11 `.aIninq; ;rd trainin ; on tp,.; job for occucaLio!w irk w!+.ich the L;ccret, ry or ri termiuci the._ is reasonable ex - (10)) i),:::tntion f:,, CiPA fl:a.i will, to the extr ..a:... 'nl Pr,:ctic::bl• be u.;c �o • t.h:er s uPPlant, the level of : fund:: trat rnuld otio.^:i�c available fu t ;, planning, .._ :md administration of progr: _ w:i�r c ;c• prirnc sponsor's �,rarrt. (Sec. 603(11)) It Grill submit reports -as required by the Prime Sponsor, and ;rill j%in- tain record:; and provide access to them„ as necessir,a-r thc• _ :ponaor's review to assure that funds are being exc ^.dcd in with the PI;-poscs and provisions of the Act, including thy- main' ,f records to _..list the Prime Sponsor in deter-mining the c::t_nt to : icir the program^ meets the special needs of disadvantaged, chronically LL:,,- employed, and low incose persons for meaningful c-ployncr.t op o�- uni- ti-'J. (Sec. 603(12), 311(c)) t. The pro,-,r= will, to the m;.r_+cimur.: extent feasible, contribuLc to ;,he occupational development or upward mobility of individual paztici- _a'rt... (See. 603(13)) u. Tire program has adequate administrative and accor_nting controls, sonnel sta_idards cv0.1uatioa procedures availability of ir:- :;. =:" ;i; training and technical assistance programs, and other policies as raay be necessary to promote the effective use of funds. (Sec. 603 (14)) V. The ProLram n:_kes appropriate provision far the MLI- nouwer nec ^s o, youth in the area served. (Sec. 603(15)) V. It will comply with the labor• standards requirements set out ir. S tion 6`006 of the Act. X. It will comely with all requiremcnts imposed by the Departs %ct 0" Labor concerning special requirements of law, progra regr ;ircr.. ar. , nd othar c!4ministrative rcoulreaents approved in accordance vi Lim Office of MzLnagcnent and Rud et Circular Vo. A -102. +. Ph^ /u:plicant further assures and certifies that neither it nor an; other units planned for participation in the project are listed D.-, 'a debarred list due to violations of Titles VI and VII of the Civil ;eights Act of 1964, nor are any proposed parties to the contract aware of any pending action which might result in such debarment. for Title Z Proqrams !n carrying Out r-09:'=s under Title I of the Act, the applicant certiz'ics that: 1. S-rvices and activities provided under this Title will be aim ini st-_ by or under the supervision of the applicant. (Sec. 105(a)(1)(3)) e. Wer services, including lob development, -.rill be provided to those most in need of then, including low income persons and persors of limited English - speaking ability, and that the need for continued D`nd-_':-.,:;.of -rams of demonstrated effectiveness is considered in serving coca persons. (See. 105(a)(1)(D)) 3. Progr=s of inztitutjomd skill training will be designed for occuza- Lions in which z'-.ill shorta.-es exist. (Sec. 105(a)(6)) it. The plan meets all the requirements of Secticn 105(a) and that the z.D- plicant will CO=!:"Iy with all provisions of the Act. (Sec. 105(b)) 5. It Ir'll mace such arrangements as a-re prescribed by regulation to assist the Secrete in carrying out his responsibilities under Sections 105 and 105 of the Act. (Sec. 105 (a)(7)) a. T� 'e Applicant ass'--es and certifies that the Comprehensive Z-_npo-wer in Title 1, as amended, is made a part of the Grant aFree-_ent by reference. Sdecilic Assurances Relating to Public Service Employnent Programs :'or Public Service E_­plo�mcnt prograz:s, an applicant will: that th` •.Ctivities and :;urvices for which assist-anct- is :;oki 1,t, 0, the A;•t will be by or Of th• applicrL.L, idcnLilyin� any a,:-•ricy Or ic_;LiLLLi0:1 .., n carry out sucil activities or services iv,.der sucn suDe-visiDn; nsnura that only persons residing within the -real of substantial 0u0L11fYJ.--'.1 for assistance will be hired to fill jobz; ,U'.'Cr Title II of the Act, and that the public z;--rvices nrcvidod by Jcbs shall, to the extent feasible, be designed to benefit t',-e of suck: -areas; 3. CISSU-0 that special consideration will be riven to t�'� Which Oz'ov'ao sufficient eziplold--nt by _cl-en� P: -;Dects for adv;Lic�,,z,nt • designated to providing CO--lPle=11tary training ana, - �'2r pro=ote the advancement Of Dartici:;2_nZ::; t;3 "tles zu��3ble to th--- 4 in the nd4vi:'.ual:; Or trai� public or private .,.,clot with skills _ tor of the econ ziy, (?) prov-1-a- . 7 1- I'Or whfch there is an —­Itici�jated hi&.', '71ce I`a-rticiPants with self-develo p=ent Provided nothing contained in this Paragraph shall be construed to SO,-.s or PrO&X-a= for Whom the foz-egoing bowls _,Is Lre not feasi'l-L. Or 'Z'__ assure (1) that special consideration in fillir- tral:;; service jobs will be given to -s unemployed persons w Forces in Indo Who in t,:-: -China Or Korea on or after Auj"L 5, 1964' with criteria establisned by the Secretary (and who have rec iv_± than dishonorable discharges), and a description of the to be undertaken during Such fiscal yc - � , C y,.: ; eration, to Provide such s-_eC;C_I czz�;; P-%,d Of the ty _-_s Of Jc-3z to be made available to With s-aacial em?naS.-'s on the development of jobs the =a-xl=um extent feasible, wihiz�- will L�:;; tz connection With their milita: the S-Ulli which much veterans y training and service, and (2) tnia� It shall U) Make special efforts to acquaint such veterans wit'-- the zro- gran and the public service jobs available to vatera -is With. those coordinate efforts in behalf of such vetera. der tne ard (ii) cQQ_ Is 'm Oze ities authorized by Chapter 41 of Title 38, United States Code (z-e- to Job Counseling and 'n3 &_mPlOY­-ploy­ Services for veterans), Or carried out by other Public or Private Organizations or agencies-, 5. assure that, to the extent feasible, public service jobs shall t;:; Vided in occupational fields which are most likely to e.xm�,�,d Within th,.: public or private sector as the une=uloy=ent rate r - ecedes; 6. assure that special consideration in filling transitional public E�ic.3 Jobs will be given to unemployed persons who are the most - advantaged in ter-_s of tj se-:e-ely d;:- ie length of time they have been u-,:e=-c"cved 2�2 their prospects for finding e=-'D!P.V--ent without assistance un title, but such special consideration shall not authorize t� any Person when any Other Person i- ..e ni�-in- of stantially equivalent job; s On lay-off from tnz! sa=2 0- T. assure that no funds received under Title 11 Of the Act will be hire any Perron to fill -a job Opening created -( tr Ployer in laying off or terminating action o, CrMinaLing the employment of nn, employee not Supported under Title 11 of the Act in anticipation of filling the vacancy so created by hiring an employee o under Title 11; t be • `i a::a� that due consideration be givan to perrons :.:ho ha-fl- in r_naocv.-e.- training pro,;raos for wino- cmploymt•nt opport_-;tinc 1 nom L• 2 -1 ^therwise inediat•:l}' a-railable; ? assure that periodic rcvieu Procedures establi -he3 pu siilrt to ;cc`� 207 (a) of the Act will be complied with; " a -d• ast:;e that agencies and institutions to whoa financial assist, ce is availaSle under this title have undertaken :�yses of job descript- or will rde_.� ;_ ions and reevaluations and where shc-. r.e -�fs_ s v y re•risioas Of cualification requirements at all levels c: c___D-r- =ent, including civil service requirements and Practices relatin6 t!iereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employ-_2=t of those whom it is the purpose of Title II to assist; 11• assure that, where appropriate, it will maintain or provide linkag -it, upgrading and other manpower programs for the purpose of (1) Pro_ riding those persons employed in public service jobs under Title II of .the Act who want to pursue work with the employer, in the sa,.e or la.- work, with opportunities to do so and to find permanent, a -war iy mobile careers in that field, and (2) providing those persons so e=;- PlOyed who do not wish to pursue permanent careers in such field, a (3) providing those persons so employed who do not wish to pursue -erm_ anent careers in such field, vrith Opportunities to seek, prepare for, and obtain work in other fields; .2. assure that all persons employed under any such progra_a, other than r:ecessary technical, superrisory, and administrative personnel, will be selected from among unemployed and underemployed persons; =3 assure that the program will, to the =a -xi,� extent feasible, contribute to the elimination of artificial barriers to eaPloy-ment and occupational advancement, including civil service requirements which restrict e_ lay_ Ment opportunities for the disadvantaged; assure that not =ore than one -third of the participants in the program- *--ill be employed in a bona fide professional capacity (as such ter i tu-ed in Section 13(a)(1) of the Fair. Labor Standards Act o_ ccpt. that this paragraph shall not be f 1935), ex- not in the case o£ _ Parts employed as classroom teachers - , and the Secretar tic,- limitation in exceptional circumstances; y may waive i:• pro•ride a description of the manpower needs of local govern eats z^.� of local educational- agencies -within the area to be served together wily the co.^yents of such governrents and agencies where aopra -ricto �d _ a_re that jobs will be allocated equitably to such gover, -L_nts ._. d a•5ancica taking into account the number of unemployed wit in the,:- j si _ dictions and the needs Of the agencies; !6. the Jc'" in Cacl± job cat2; -ory � no ,y i -C'=t4onal unn:)rin tLmitic�; W1jiC'-j U-0uld—,th2rWi:;i-- b'- Public scrricc job!; t"•2, 13-1(1 P"t nub.;iai-rd U rSUrC UIZtt 710 Job will be filled in of c P05"tion in CRch job categor- y until and collQctive bargain ingagreements have b�.-cn ccuinlic-z! assure that Jobs funded under Title II of t'-e Act arc in ad-_, th----c that would be funded by the sponsor in tha absence of lm,ia'r this A,:t; and 18- cO=PlY with such other assurances, arra:g-e=c.its, and condit4ar_;, z�-- sistent with the provisions of Title 11 of ;.he Act as tht� deems necessary, in accord--ice with such regulations s he sn scribc; ' 19. assure that any Title I or 11 activities sunported by Title 7- nL:, shall cOLLPlY ',ith the rules and regulations-proaulgated pLLrsu�nt zo .�s Title I and lIla of the Act except that all participants -seleZ-'--e:-: rieet the eligibility and residency requirements as specified in the Title 11 regulations. 20. the Applicant assures and certifies the Ccr--prehensive Manmove-• "Ian Title 11, as mended, is made a part of the Grant Agreene::t by reference. D. Special Certification for State Apnlicants In the case of State applicants seeking—assistance under the Act, cant further assures and certifies that it will Comply with the requ4,-,�7--:jL,3 and provisions Of Section 106 and Section 107 of the Act. V applicant also Certifies that the information in this applicatioil. i. correct to the best Of its knowledge and belief and the filing of ti'.4Z plication has been fully authorized. IMAGE OF ALICE - INC. HE1=kGE FLACE CENTER P.O.BOX 248 kLcgal Name of Applicant (Addxess`T�— Authorized icer Alice, Texas 78332 (S 2r,--ture of Authorized &Iit�l-.f Xuth.riz`ed0ffi`Ce,) (Date of Application.) • SPECIAL CLAUSES TABLE OF CONTENTS 1. CHANGES.......... ......... ...........................Page 1 2. NONDISCRIMtINATION .................................... Page 2 3. CHILD LABOR..... Page 2 4. EQUAL OPPORTUNITY CLAUSE ............................. 3 5• TRAINEE OR ENROLLEE WAGES.. ..........................Page 4 6. TERMIINATION OF TRAINEES OR ENROLLEES ................. Page 4 7. TEP14INATION .......................... ................Page 5 3. TERKINATION FOR CONVENIENCE......... .. . ...........Page 10 9• CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10. LISTING OF EM&LOYMIENT OPENINGS............ ...........Page 13 11. DEVIATIONS...... .............. ...................Page 15 12. DISPLTES ............................................. Page 16 13. SUBCONTRACTING.. ......... .........................Page 16 14. COURT ACTIONS...... ....... ...........................Page 16 15• ORDER OF PRECEDENCE... • • SPECIAL CLAUSES 1�1 a. The crime Sponsor's Contracting Officer may, at any time, with0ut 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, whic}, causes any such changes as enumerated in (a) above, shall be treated as a char e order under this clause: Provided, That the Contractor /Subgrantee give:; the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /3ub;;rrrit,,,; 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 adjustr,,,nt hereunder. d. If any change under this clause causes an increase or decrease ill the Contractor's /Subgrantee's cost of, or the time required for, the per - for-:ance of any part of the work under this contract, whether or not chap ed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no Clain 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 s::sii include any increased cost reasonably incurred by the Contractor /Subg_ 1 in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for a-i c..ai: adjustment under this clause, he must, within 30 days after receipt o. ch,ui;c order under (a) above or the furnishing of a written notice above, submit to the Prime Sponsor's Contracting Officer a written _ setting forth the general nature and monetary extent of such claim, this period is extended by the Prime Sponsor. The statement of clai::i, may be included in the notice under (b) above. FJhere the cost of vror),. ^ -' ' ,made obsolete or excess as the result of a change is included in th Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's e Officer shall have the right to prescribe the manner of disposition of property. Page 1 of 17 r`� s f. No claim by the Con tractor /Subgran Lee for an equitable adjustment horaunder 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 clau:;e 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 writing, 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/ Subg rant ee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting officer. 2. NONDISCRIMINATION It is the policy of the Executive Branch of the Government that (a) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection 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 qualification, retirer „ent plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government con- tracts, a maximum age limit for such employment unless the specified maxi- mum age limit is based upon a bona fide occupational qualification., retircmcnt plan, or statutory requirement. 3. CHILD TABOR No trainee or enrollee under 18 years or age will be employed in any occupation which the Secretary has found to be particularly hazardous Tor persons between 16 and 18 years of age (a list of Stich "occupations it; published at 29 CFI? Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordanco with the limitations imposed by 29 CFR Part 1500, Subpart C. li ':dilti 11'PORIIINITY CLjuE E "rirg the perform.uace of this contract, the contractor agrees as foI'cwz: (1) The contracts _will not discriminate IE-ainst C y cant for emplor'eut because of -'� e"piopec Or appl:- national on in. The color, - eli'ion, ;cx, or he contractor will take affirmstivc, attic: to ensure that annlico_nts are employed, and that, employecz a__ during employment, without regard to their race, color, re_: ;ir. :�, sex, or national origin. Such action shall is ^ludo, but not l,• limited to the followin ri g: P: nlo;ment, up, ;r.eP.r. ; ;, ricnotion, o: transfcr, recruitment or recruitment alverti _ng; layoii ur tot -ion_ tion; rates of ;!ay or other forms of cuvpersa: ion; and sclec:ior, to training, including nnprenticeshin. The contractor agrees to ,no t conspicuous places, available to employees and applicants for :rent, notices to be provided by the contracting officer setti :c the provisions of this. nondiscrimination clause. - (2) the contractor dill, in all solicitations or advertisem•,nts for employees placed by or on behalf of the contractor, sate th - .1 qualified applicants will receive consid^ratien for eDlo cn.; without miard to race, color, religion, sex, or national origin. (3) The contractor urill send to each labor union oz- representative of workers with which he has a collective barg air.in a ;recmenc contract or undcrst idi.^.. ,-, o= a It e l to be me id, .� contructing officer, advising - t` :. y,;en::. tive of the contractor's covritmentsb uaderlsectiono202rof Exec�ti ;A Order 1121:6 of September'24, 1965, and shall ;cst copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor vi11 comply with all provisions of executive Order 112 Of September 24, 1965, and of the rules, regulations, and rele ;•ant orders of the Secretary of Labor. C5) 7h:_ c :!ntrsctur w -11 `lirnich al! crm i•` _pia: a".d repJrts rc:uirc.. liens , 6 °f reptenber 24, '1965 , r :d by th= = ul e:: , will ccra:it .s to his r to f o° _2uor, .: Oursus:t --- :C,d'aCcJ a` bJO {3 rCJJrd3, LLnts b`: ttl• _ai Ls:cc= cr °La; r ' , c......... ascertain cor:,pii,unce withV r for ,!r_�c,z, such rules, reulations, and orders. �E) I tr._ event cf .t! -'e centractor's nOIIc,17pi?y:ce with the aondiacrit_: t: on claases of this contract Jr :+iti, a,,, c. ech rule; u �__ ' -- or orders, this contract raa_rbe canceled, te_:i a , - rated orsus2c::dp� hole or in Dart and the contractor may be zclared ineligible further Govern -ment contracts in accordance with roced p ores aut=cr_cc,: • • in Fe ^cutive Order 11246 of September 24, 1965, and s, r,,, l ctiOtl Oayebe1imposed and remedies invoked as prov4l� - .r or order of the Secretor September 24 d is 19'05, or ty rule, - J of Labor, or as othe ,ise - „;uiataw. (7) The r rovi•,_ i Ly 1_.:, (7)contractor will include the -- pro,;:z.;ons of in ever] subcontract or purchase urder - h'0'�;h re8ulaticns, or orderb of the unless excmNted b• Secretary of Labor issued section 204 Of ca sJ Executive Order 11246 cf S ^r,teabe ua-zt =c such provisions will be binding `4, 1965, so t The contractor will take S upor, each subcortractor or r�r.3or, such action with resaect to '�y subcontract en purchase order as the contracting agency msy direct as enforcing such provisions includinz sanctions , Provided hcwever, That in the event the contractor obcco�Iianc -: in, or is threatened with, litigation with a subcontbecoor or n'rni•.'ed as a result of such direction by the ce.- ^.tract'ng arei;c_,, the tractor may request the t�nitcd Stites to entc c = ^ -- to protect the into of the Gaited Statesr into such liti;;ati•,n 5. TRATNEE OR ENROLLEE WAGES Tto hourl'y wages paid to enrollees or trainees sall not be less than the following, whichever is higher: h 1• The minimum rate required under the Fair Standards pct including m Labor Stand y special rate provided by specification u amended in 1974, or that is applicable Labor Section 14 ar the Act, ati 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 'umber 1 above. 6 TERMINATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the rainee or enrollee and reasonable opportunity for corrections :F 7`1'fOr-mance and consultation with the Contracting for rilit or improvement y for substandard or unsatisfacta Officer by the trainin,; ^-uinees or enrollees will be rY progress or conduct. Ternitlation c'=lures approved b BOYerned by disciplinary y the Contracting Officer or y and grievance nro- ''f Provided, That in traini his duly authorized representa- ining agreement, training facilities operating under a 2n errceng and a disciplinary and grievance collective pplicable to trainees or enrollees ccovered pbyvthis contract, all govern. • • 7. T�.ru�ti_ NATION a, The performance of work under the contract /subgrant may be terninatcd 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 rer- fOrmance of this contract /subgrant in accordance with its tern (i s nciudi -,�� in the term "default" any such failure by the Contractor /Subgrantee to r_.e Progress in the prosecution of the work hereunder as endangers such nerforn- ance), and shall fail to cure such default jithin 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 extent 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 per- formance is due to causes beyond the control and without the fault or negligence of the Contractor /Subgrantee pursuant to the provisions of the clause of this contract /subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor /Sub- grantee shall: (1) Stop work under the contract /subgrant on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such Portion of the work under the contract /subgrant as is not terminated; (3) Terminate all orders and subcontracts to the extent they relate to the performance of work terminated by the Notice of Termina- tion; (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 cord interest of the Con tractor/Subgran tee 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 termina- tion of such orders and nubcontracts; (5) With the approval or ratification of the Prime Sponsor':: 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 reim- bursable 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 mannrr, at the times, and to the extent directed by the Prime Sponsor's Contr:u•tin,: Officer, W 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 /:;ub,,;r.?.nt had been completed, would be required to be furnished to the Prime Spo:, -,)I, and (iii) the jigs, dies, and fixtures, and other special tools and toolin; acquired, or manufactured for the performance of this contract /sub;;r.ant, for the cost of which the Contractor /Subgrantee has been or will be reinburse,i under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the braes, 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 ill (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 t he Con- tractor /Subgrantee under this contract /subgrant or shall othe ise 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 preserva- tion 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 or 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 then 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 submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. c. After receipt of a Notice of Termination, the Contractor /Sub- grantee shall submit to the Prime Sponsor's Contracting Officer his termina- tion 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 termination, 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 thereof. However, if the Prime Sponsor's Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination clain at any time after such one -year period of any extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim 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 o_ 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• Sub,Ject to the provisions of paragraph (c), ar.ri subject: to uny review required by the contracting; agency's procedures in effect as or Lhr, daLe of execution of this contract /suhg;rant, the Cori tractor /Cubg,rarrLec ru;d the Prime Sponsor's Contracting Officer may agree upon the whole or ;ray P:u't of t•he atuount or amounts to be paid (including; nn allowance ror Lh,, "cc) to the Contractor /Subts antce by reason or the LoLaL or parLial Lcrniva- t.ien of work pursurunt to Lhis cl:ut:e. The conl,raeL /subgrruut s:h ;il -1 br cu: uded accordingly, and the Coll tractor /Subgrantee shall be maid the n,•reed amount. e. In the event of the failure of the Contractor/flubgranLee and l,hc Prime Sponsor's Contracting Officer to agree in whole or in part, as pro- vided 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 pursurutL 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 ul• cxccu- tion of this contract / subgrant, determine, on the basis of ini'ormation available to him, the amount, if any, due to the Contractor/Sub grantee 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 expe:ses reimbursable in accordance with this contract /subgrant trot previou3ly paid to the Contractor /Subgrantee for Lhe performance of this contract /subi; rani, prior to the effective date of the Notice of Termination, and such or thc:e 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 practi- cable to discontinue such costs; (ii) There shall be included therein so far as not inclnled under above, the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)(5) above, which are properly chargeable to the terminated portion of the contract / subgrant; (iii) There shall be included in the reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting; data with respect to the terminated portion of the contract /sub .-rant 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 defaull, of the Contractor /Subgrantee, there shall be paid a percentage or th.2 f equivalent to the percentage of the completion of work contemplated by the contract /subgrant, less fee payments previously made hereunder; or (B). In the event of the termination of this contract/ subgrant for the default of the Contractor /Subgrantee, the total fee payable shall be such proportionate part of the fee (or, if this contract /subgrant calls for articles of different types, of such part of the fee as is reasonably allocable to the type of article under consideration) as the total number, of articles delivered to and accepted by the Prime Sponsor bears to the total 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'deter- mination 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 deter- mination of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor /Subgrantee the following: (1) i-f 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 deterair:cd 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 theretofore made to the Contractor /Subgrantee, applicable to the terminate^ portion of this contract /subgrant, (2) any claim which the Prime Sponsor cagy have against the Contractor /Subgrantee in connection with this contraci:sab- grant, and (3) the agreed price for, or the proceeds of sale of, any maw supplies, or other things acquired by the Contractor /Subgrantee or sol(, r;:•- suant to the provisions of this clause and not otherwise recivered by or credited to the Prime Sponsor. (h) In the event of a partial termination, the portion of the fee :ri:ic':. is payable with respect to the work under the continued portion of tee Mitract /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 /sub- g,:.nt. (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 Cont ractor /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 entitled 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 /Sub- grantee 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 /Sub.rantee'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 uc reason of the circumstances. by (j) The provisions of this clause relating to the fee shall be.in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TF.Ifi-IINATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a should this contract /subgrant be for experimental developmental or research work and the Contractor /Subgrantee is an educational institution or other nonprofit institution on a no -fee or no- profit basis. (a) The performance of work under this contract /subgrant may be terminated, in whole or from time to time in part by the Prime Sponsor whenever for any reason the Prime Sponsor's Contracting Officer shall deter- mine that such termination is in the best interest of the Prime Sponsor. Termination of work hereunder shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying the extent to which per - formunce of work under the contract /subgrant is terminated and the date upon which such termination 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 10 the cancellation or diversion of his outstanding commitments covering ::^roonal services and extending beyond the date of such termination to the extent twit they relate to the performance of any work terminated by the notice„ w;th respect to such canceled commitments the Con tractor /Subgrantee :. roes to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of th- 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 interest of the Contractor /Subgrantee under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Ilotice of Termination, but in no event later than one year from the effective date thereof, unless one or more extensions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor /Sub- grantee within such one -year period or authorized extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason of the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. (d) Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AHD PAY - MENT 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 Cortractor /Subgrantee and the Prime Sponsor's Contracting Officer may agi -ee upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason of the termination under this clause, wiiicii amount or amounts may include any reasonable cancellation charges thcl'eb incurred by the Contractor /Subgrantee and any reasonable loss upon out- standing 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, Contractor /Subgrantee shall have exercised reasonable diligence to dive the such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount. 11 (f) The Pl-imc :;ponzior may from time Lo time, under much terror: and coudi.l. ion:; ;u; it may prescribe, m :dce parti;Gl paymcnl.s n /;ainSL cock:: inchrcci b'V :.1;0 Cu:1tracLor /:;ubgrantee in connection with the terminated porLior, of Llri:. contract /subgrant whenever, in the opinion of the Prime Sponsor's Coll lr,.ctin5 Officer, the aggregate of such payments is within the m -.ount, to which the Contractor /Subgrantee Will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or deteriinel Lo be dire under this clause, such excess shall be payable by the Contractor/ Sub-:rnntec 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 annimi, 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 'nave 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 cuunect. ion with the performance of the work terminated by the notice.. Other than the above, any termination inventory resulting from the tcrminnLion of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee un.icr 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 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 ray 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 prote:::ion 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• CONGTRUCTION 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 Labc- and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. 12 10. PlilC OF 1TTL0`ft•WNT OP•s-`SINGS (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 c:rplcyment openings of the contractor - .,hich exist a: the -e of the execution c. this contract and those which occur duri .� the ^_-fcx-ar.c-- of this contract, including, those not generated by this contract and includin_ those occurring at an establishment other than the one wherein the contract being performed but excluding those of independently cperated corpori-e ates, shall be offered for listing at an appropriate lccai office of tl:e employment service system wherein the opening occurs and to prcvide s__.. __ to such local office regarding employment openings and hires as may ce require_: Provided, That if this contract is for less than $10,000 or if it is w!th a State c: _ gover_=ert the reports set forth in pares rarhs (c) and (d; __ -_ not required. • (b) Listing of employment openings with the employment service syste= _ - sua.-rt to this clause shall be made at least concurrently with the use of other recruitment service or effort and shall involve the normal ocli�.2tioa which attach to the placinr, of a bona fide job order, inclu3in4 the of rcfcrrals of veterans and nonvetcrcurs. This listing of f2:i_lc ran. does not roquire the hiring of any ::articular job applicant or from a:iy c__._.;_ti group of Job applicants, and nothing herein is intended to relieve the Ccn.rar. - from any requirements in any statutes, Executive orders, or regulations rc:,r_ i =. nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall includ" , not be limited to, periodic reports which shall be filed at least quar.er ;__.. the appropriate local office or, where the Contractor has more than c:_e es�a^ =_ a- nent in a State, with the central office of the State employment service. reports shall indicate for each establishment (i) the number of indi- :ilu _s :.._ :ere .h::e , :_rinF, the reDortin g : erir3d, (ii) the nunbe: of _hose 1.1' _ disables veterans, and (iii) the number of those hired who were ncndie^_ci_d vet^_r!ns of the Vietnam era. the contractor shall submit a repeat after the end of each reporting perio3 ,herein any ;er_c —arse z3ntract. T::.. Contractor s., - all mai n--,in. _ea cf tnc rercrts - er.^iration of I year after final pay1ent under the ccn.rset, durinX, they hall be ra.io available, u?on request , fir _e•aniraticn b;- a � re;r:, e,...etives of the dontracting Officer of- Secret= -y the Secrety ofLal -cr. (d) Whenever the Contractor becomes contractually bound by the l_st__- provisions of this clause, he snail advise ;he employment service systen _ .__.. State wherein he has establishments of the name and location o a f each such lishment in the State. As long as the contractor is contractually bOL -in4 to these provisions and has so advised the State employment system, there is rc 13 to advise. the State system of subsequent contracts. The Contractor may ad.is•� the State system when it is no longer bound by this contract clause. (e) This cla=3e don not apply to the listing of coDloy -meat onenin -s which occur and are filed outside of the 50 States, the District Of Col-L'tia, the Ccr- -monwealth 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 Znd 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 t;, openings which occur in the following job categories: Production and plant and office; laborers and mechanics; supervisory and nonsuper•:isory; tc:cn_c- and executive, administrative, and professional openings which are comp.!nsatcd c.. a salad basis of less than $18,000 per year. The term includes full -time cmp_cy- ment, tempora y employment 6f more than 3 days' duration, and part -time erg ^lo;, -cnt. It does not include openings which the Contractor proposes to fill from within own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" rrc. ^r.s the local office of the Federal -State national system cf public employrc_nt ofei.es with assipncd responsibility for serving the area of the establirkment where t,._ employment opening is to be filled, including the District of Columbia, the Cc _cn- wealth 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 b- ,L %;-:1 to personn outside the Contractor's own organization (including any af_°ilic.t+ -, zubcidlarics ^r,d pare nt companies), and includes any openings which tr,o Contr_ctor proposes to fill from regularly estaolishel "recall" or "rehire" lists. (4) 'Openings which the Contractor proposes a * * to fill pursuant to a customary and tra- tional employer - union hiri :, arrangement" means _zpic_. -en. openings __ no consideration will be given to persons outside of a airing arrangement, including openings which the Contractor proposes to fill frzm -c.n chi }_ -:1 -, c.•tiic:-_ is part of the customary and traditional hirins relatir :.snip which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability co--ensaticn under laws administered by the Veterans Administration for a disability rated at 30 perc^_rrtum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. 14 (6) "Vetert;n or the vietn'am cra" means a Person (A) who (i) scrvn on active duty with the Armed Forces for a _period of r.,ore than 180 d-_':s, part of which occurr• -:�1 after Au;,,Ast 5, 1964, and was discharged or rcleas_.:J therefrom with other than a dishonorable dischar,;e, or (ii) was di,c'c-.r,_ 1 or released from active duty for service - connected or if any _art of such ditty was performed after August 5, 1964, and (B) who was so disc`a- dd or released within the 48 months preceding his application for employ_ent by this clause. i (h) If any di :abl-:d veteran or veteran of the Vietnam era believes tha: Contractor (or any first -tier subcontractor) has failed or refuses to ecc.:ly 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 viii attempt to informally resolve the complaint and then refer the cc.mclaint report on the attempt to resolve the matter to the State office of th^ Eawloynunt service of the Department of Labor. Such complain; shall ther. be promptly referred throurit the Assistant Regional Director for Vanpover to t Secretary cf Labor who shall. investigate such co :faint and shall take such .action thereon as the facts and circumstances warrant consistent with the to of this contract and the laws and regulations applicable thereto. W The Contractor agrees to place this clause (excluding this pararruph ,'_) 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, or employment openings would be contrary to national security, or where the re- quirement of listing would otherwise 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, Federal Building - U.S. Courthouse, 1100 Commerce Street, 7th Floor, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. 15 12. DISPUTES It. Fxcept as otherwise provided in the conl,rucL/ ,ubNr:url., ;my dijputc concerning a question of fact arising under this cuntracL /::nhgrturt Which is not disposed of by agreement shall be decidrl t,y Lire Prirn" ,pcnsor's Contracting, Officer, who shall roduc,� his decision to writ.in :u:d mail or otherwise furnish it copy thereof to Lhc Coll tractor /;.nlrrante^. 19re decision of the Prime Sponsor's Contracting; Officer ::hall be final rind conclusive unless within 30 days from the date of rece.ipL of 7.,jjj copy, the Contractor / Subgrantee mails or otherwise frtrnishcs to th^ Prime Sponsor's Contracting Officer, a written appeal nddresoed to tho Prim^ Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unl.es;; determined by a court of competent jurisdiction to have been fraudulenL, or capricious, or arbitrary, or so grossly erroneous as necessarily Lo imply bad fniLh, or not supported by substantial evidence. 1n anurceLinn with any appeal proceeding under this clause, the Contractor /CraaLec he 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 or law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be consLrucd as making final. the decision of any administrative official, representative, or board on a question of.law. 13• SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to subcontracting any parts of this agreement. The Contracting Officer may, in his discretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. Ill. 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 clnir: made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 16 • 15. ORDER OF PRECEDENCE Fit the event there are inconsistencies or conflicts in the grant and /or contrast, unless otherwise provided, thereon, the inconesi.stencies r1,all be resolved by giving precedence in the following, order: I. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. A -102 5. A -87 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 17 • PERFORMANCE. STANDARDS A. PURPOSE These standards are intended to provide a common basis for the evaluation of CETA contractors. They supplement but do not supercede the contract and Federal Rules of Regulations. Any exceptions must be made by the prime sponsor. B. ELIGIBILITY All participants shall meet the eligibility criteria as set by the prime sponsor according to Department of Labor guidelines. Contractors must establish certi- fication procedures which must fully validate and document the eligibility of participants. C. PLACEMENT AND SUCCESSFUL TERMINATIONS This standars is applicable to contractors performing skill training and work experience. Placement in permanent full —time jobs is the principal criteria on which successful performance will be judged. 55 percent placement of successful terminations from work experience and 75 percent from skill training is minimum acceptable performance. Successful terminations are defined to include placement in permanent full —time jobs, enrollment in full —time education, entry into the armed services and transfer into other manpower programs. 85 percent placement for both skill training and work experience is considered superior. D. QUALITY OF PLACEMENT All placements into full —time jobs shall be at the Federal minimum wage or more. An average of $2.75 per hour for all placement shall be considered superior performance. E. PARTICIPATION The national and regional standard of participation is 100 percent of authorized enrollment. Providing funds are available, the contractor shall never have less than 100 percent enrollment without prior approval of the prime sponsor. All participants shall be scheduled for participation according to the contract. The dropout rate shall not exceed 15 percent of average enrollment. A level of 5 percent is considered superior performance. Dropouts are defined as all terminations other than successful terminations. F. RECRUITMENT AND SELECTION The contractor shall conduct an active recruitment program to insure full coverage of the target population.. Participants shall be selected on the basis of the greatest need. G. ORIENTATION Orientation will be provided to each participant during his first week of enrollment. Such orientation shall include complete program orientation, time and attendance procedures, rate of pay, hours of participation, duration of enrollment, rules of conduct, supportive services, written civil rights and grievance procedures, employability development plan and counseling. ASSEJftT AND EMPLOYABILITY DEVELOPMENT PLAN EDP) • A comprehensive assessment of each participant as to educational, skill, and social functioning level and aptitudes and interests will be made as a part of the participant record. On the basis of the assessment an EDP will be developed. The EDP shall include the vocational goal, the requirements needed for the job, the steps and time needed to. achieve the goal objective. The EDP will be periodically reviewed with participant and adjustment made as deemed feasible. COUNSELING Counseling shall be provided as needed with an emphasis on vocational counseling. The contractor must be knowledgeable of current and future job openings, employ- ment trends and educational opportunities. Such information will be made available to participants. Participants will be instructed in job interviews, completing job applications and preparing resumes. SUPPORTIVE SERVICES Supportive services will be developed to conform with participant needs, interests and the EDP. • PARTICIPANT FILES Participant files shall include written documentation of all foregoing require- ments, including eligibility certification, supportive services, EDP, progress reports, job development and placement efforts and any other information pertinent to the participant during enrollment period. • JOB DEVELOPMENT AND PLACEMENT The contractor shall conduct active documented job development and placement efforts with employers to promote hiring of participants. • FOLLOW -UP The contractor shall provide counseling as needed to participants who have been successfully terminated. A follow -up of terminations will be made at the end of one month and six months to determine participants status. • LINKAGES The contractor will actively assist participants to obtain other successful terminations other than placement in full -time jobs. This will include assisting them in obtaining information and assistance to go into further education or training under other programs. EXCEPTION CLAUSE In determining drop out rates, persons, who leave training projects because of illness, death, natural disasters or other justifiable causes, shall not be counted against the drop out rate. s CONTRACT N0. SUPPORTIVE DOCUMENTS 1. BONDING REQUIREMENTS 2. CASH DEPOSITORIES AND ATTACHED SPECIAL BANK ACCOUNT 3. PROPERTY INVENTORY 4. ADVANCED PAYMENTS APPROVAL FORM 5. CERTIFICATION OF ACCOUNTABILITY 6. INSURANCE REQUIREMENTS 7. LEASES rl��NniNC I ;�1IIhI• :�a;n•1•;; I. .... eolitractinb Officer has the responsibility and the authoriLy to �ecr : - :ir.o if the subcontractors have adequate fidelity bonds to cover iossca Of tile federal funds in case of misuse by the subcontractor, If -,he subcontractor is a unit of local government or an Instru- r...•aL <<i: , normally, naditional bonds would not be required. It is the Cam• :;t.ra," ict; Offi.•er's responsibility to review and assure him3el.f that t!:.• . : :b;.entractor is in compliance. i. lon =.root organizations historically do not have ndequate bonding ,rote,:tion. These should be reviewed very carefully as non - profit organi- Z.ItiOnt; have limited sources of funds and if there are audit exceptions and the funds are not available, the Prime Sponsor will be held accountable and responsible for these losses. A NATIONAL ORGANIZATION Involvement of Mexican Americans in Gainful Endeavors P. O. SOX 248 . ALICE, TEXAS 78332 . TELEPHONE (512) 664 -0672 BONDING INSURANCE IMAGE of Alice will be responsible for securing adequate fidelity bonds to cover all persons who handle funds received or disbursed under this agreement with the Coastal Bend Manpower Consortium. "PRIDE AND MOTIVATION" contributions are deductible for u. s. income tax purposes � 3 aj of EK S � Y rime : +ponsor Instructionn to subco or Submit original and 2 s Sign origLnol ' l.GRL•'EPtENT FOR SPECIAL HANK ACCOUNT Conform signature on copies The IMAGE OF ALICE here. nafter referred to as the Subcontractor; the unit of local government hereinafter called the Prime Sponsor; and THE BANK OF SOUTH TEXAS a banking corporation located at East Main and Stadium Alice Texas 78332• P O.Box 571 hereinafter referred to as the Bank, hereby mutually agree as follows: 1. As a condition to the making of advance or supplemental payments under the Contract /Grant No. dated between the Subcontractor and the Prime Sponsor, amounts advanced to the Subcontractor by the Prime Sponsor shall be deposited in the account' established at the bank, designated as the " IMAGE OF ALICE 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 September 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265)- 3. The Bank will be bound by the provisions of the Contract /Grant referred to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Bank Account except by persons named in said contract /grant as authorized to incur and pay costs on behalf of the subcontractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Prime Sponsor shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supplemental payments made to the subcontractor, 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 Prime Sponsor 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 accordance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execu- tion, 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 closing of this Special Bank Account. 8. All moneys deposited in the Specipl Bank Account are public moneys subject to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to take all necessary measures to qualify with the Secretary of the Treasury as a depositary of public money and to deposit satisfactory security by the deposit of United States bonds or otherwise, for the safekeeping and prompt payment of the aforesaid public moneys as required by the regulation of the Secretary of the Treasury and Title 12 Section 265 U.S.C. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the last day of signing set forth below. BANK USE BANK COLLATERAL Bfd4K NANO: THE BANK OF SOUTH TEXAS (SIGNATURE BANK COLLATERAL required, based upon estimate maximum bank balance, (excluding FDIC coverag of $20,000), is $ 25,000.00 DATE June 21,19 i Y Wx'm JAMES L. EAKIN '1TLE EXECUTIVE VICE - PRESIDENT SUBCONTRACTOR USE SUBCONTRACTOR Is NAME THE PRIME SPONSOR IMAGE OF ALICE IGNATURE DATE S NATURE DATE June 21,74 TYPE NAME TY AME NOLAN BOYD TITLE TITLE PRESIDENT CE1tTI1 TCAT. FOR CAS11 DEPOSITORIES A -102 - ATTAC11VIL UIT A - PareGraph 3 The undersiGned hereby certifies that: "Any r:�neys advanced to the State or local Eovcrnm.atS which are dotermiucd to be ":;ub.lic mxncys" (e%mcd by the 1'c:�rsi Government) mush be .lcpo::ited :n a bwi!: with FDIC insurance co'rcrl ;c and the balancv!; ext!vv ing the FDIC coveraE,e must be culle:craliy secure, ns pruvideu for i.n 12 U.S.C. 255- BANK USE THE BANK OF SOUTH TEXAS Bank Nyn^ P.O. BOX 571, Alice, Texas, 78332 (Si�;nat:ure) JUNE 21, 1974 (Ilut.rl JAMES L. EAKIN (type Name) EXECUTIVE VICE - PRESIDENT (Title • , GR.&JITEE USE Grantee's Namc MGE OF ALICE HERITAGE PLACE CENTER, P.O. BOX 248 1 ALICE TEXAS, 78332 j i Signature JUNE 21, 1974 Nolan Boyd l'lype IJomc) President Title) z t? OC4 DESCRIPTION NAME (C) MODEL (d) 0 0 y E kNµ ANT P 9 0 P F R T Y t H v E T 0 R y —w T wCn :C,c •NVEw Tow. /A j7 A—n ,l P I P-pc ny b. 7] Scrip C. 0 F.e. I NIA 'If Clolics i-ew.ry. emc, f1l. coct,"I "'b" or pl.j,cr c,.,b,, I. CO.T.Acrol's —r A A. LOCATION a F PRO T, —E S. GATE OF A SE DESCRIPTION NAME (C) MODEL (d) TYPE M rG, sER,AL. No. G 0 " T (A 3F. I COST �F Pj.cp*sEo /A N/A NIA N/A N/A N/A NIA N/A —n, tr,,n!,,:rto, PF oATr PECEIVEO fil NIA f I • AUTHORIZATION FOR ADVANCE PAYMENTS I hereby find that: The Coastal Bend Manpower Consortium and, Contractor: IMAGE OF ALICE, INC.: Address: HERITAGE PLACE CENTER, P.O. BOX 248 ALICE, TX. 78332 Contractor_ proposed to enter_ have entered into a negotiated agreement for the performance of the Comprehensive Employment and Training Act under Public Law 93 -203, 87 Stat. 839, dated February 150 1974, as follows: TITLE I X TITLE III OTHER TITLE II _ TITLE IV In compliance with Public Law 93 -203, 87 Stat. 839, dated February 15, 1974, 96.51 - Payments: Advance payments will be made by either a letter of credit or by check. DETERMINATIONS Upon the basis of the foregoing findings, I hereby determine that the making of the proposed advance payments without interest is in the public interest. ATTEST: (Signature) R. Marvin Townsend, City Manager City Secretary Type Name APPROVED: City Attorney Contractin Officer Title AU'THORiZATION Such advance payments, of which the amount outstanding shall not exceed $ 42,892 , are hereby authorized. ATTEST: City Secretary APPROVED: City Attorney - Signature R. Marvin Townsend, City Manager Type Name Contract Officer Title • PAIT: 1. 1974 PAT'-: August 1, 1974 jU I Tf AT. AIIV PJW!-: AMOUNT 50% -LL�: 50% • 11 t 1., 1.. ; N 11f l �'.'�,•s�•.>.�.r, rl t /•� 1..;...,. ,,hr.n,r�r 1n,:lil.yn..+t .,: L1 ], .I ...r..l r.r 1 .::IJ II,.• .1— wry I.1 1.'r;.r I..r •. rr. f,� ... r. tr. -I 11 ,.�• ..n> ; .. ;w; r.f 1r�1..r.,l EI...1•. l...i,. r.. . I 1 m,r �; r;n f;,...�r, i.rli .. n;l•, t., l�;l;y .r. • .. i� r .r .. .e. .I 1•r lw ,I.-.-1 T.• r.. ••I•• In .I rn1.Y Y•I'( Ir.11.tx ,v.tll IIIH n.Ir �. r;,l.v rl l;l ;..n 11..• Irrll i,. ,;r�,/ .I.'•'.. c;l rr�fr�r; .II ;r ..: .... ... :.. r .. i• �1 .. •1 >lax;•.l tt.1 r, rlh Ih• HHI—, 1lrrrlrt; .,f lnn fp/ Lrn,—Clnl r1•, -,r .I.rrtir 1 I. / 1111E A 0—%N;SAtl�- l/r C-EE lrNANCIAL OEr1CTA 1 7 � .r. •1 .wI �V. M A••rn r,n.r.J a• /.r.J n.lrJ. ]. ljjjjl l�(�l llll AC(:IHIf/1INI. Artl1M el lHwl(11 • !ea; v1.., •,111 w• r(r.! �f 1w• Mu !/! Ne, wwu ..rlr •••w. wl n.n rr.. . ...r. • .•• M..••w .nJ A—... - S ail IOU EA \11L1Ai Nr1H THE (1(—QTLlEMT OE LAGOII AUDIT PLUUINEI.IENTSP 1 , n I., 1, O:. L4r11iN 11 10111 nN(11AL ACCIIUWINI: STSTl At /!nJ¢+ /r I.n.•In.•• Inr tr)r— i nn —.r v ...ermlrrU .r.nl J•,. •.w. n.. .r ... ,... w, re. v ... , .�, •sn•.I rn� .-1 wC:.•uwr•nY •rew•r••rr n/f rr Ina Al— , , J.fm.nr.!•.11un./ ]i IMAGE of Alice presently operates, on a cash reinbursement accounting system with the use of a ledger and journal to adequately docurent all program costs. Image of Alice will set up a new special account to adequately account for all funds: received from the Coastal Bend Manpower Consortium. An accounting system and internal controls system will be set up to adequately safeguard the assets of the grantee, check the accuracy and reliability of the accounting data -s promote operational efficiency and encourage adherence to the prescribed management and accounting principles. 41-If COV1lN1111"01 911ffr 11 Nfi IS. "C1• tll.rl to OW Ilr•-,t Ili rely I.nrw h,Illr .lrxl ix•Ir,'1 IIII� r,wl A ,_] lrlll U1 Au1HUN;:I O OII lCIAL ri r i'CI 01.1 • 'Melt• TELEPHONE NO /r.r, - ter....... OAIE OE Ef1ECU1101 1 1, iNSMANCE HERUTHIMMTS INSTRUCTIONS 1. 'Insurance requirements must be in compliance with A -102, Attachment B, and the Act. 2. The Workmen's Compensation requirement in the assurances must be complied with as this is applicable to the Prime and all subcontractors/ grantees. 3. Other insurance requirements under States and unite of local Government shall be used as guidance in compliance with the Act. • A NATIONAL ORGANIZATION Involvement of Mexican Americans in Gainful Endeavors P. O. BOX 248 • ALICE, TEXAS 78332 • TELEPHONE (512) 664 -0672 INSUtRWCE aQUIMIENTS IMAGE of Alice will be responsible for securing Adequate Worlunen's Compensation for youthful participants as well as any other insurance requirements requested by the Coastal Bend Manpower Consortium. "PRIDE AND MOTIVATION" contributions are deductible for u. s. income tax purposes s r.. • 6 LEASES INSTRUCTIONS 1. The Prime Sponsor has the responsibility of reviewing and approving leases of facilities for office space to house administrative and other staff personnel in support of the CETA Program. 2. Leases should be reviewed for a fair and reasonable cost prior to approval. As a guide, it is customary to review the recommended rates as established by GSA within the geographical area. 3. Any remodeling and rehabilitation must be reviewed by the Prime Sponsor and the Department of Labor. 4. Federal funds should not be considered for items that would involve a capital improvement on privately owned property. 5. Federal funds for leases should not be expended or obligated going beyond the termination date of the Prime or subcontractor/ grantee, depending upon which is applicable. Corpus Christi, Texas /Q day of 19_72� 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 suspen- sion 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 ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark