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HomeMy WebLinkAbout12661 ORD - 06/25/1975JKH:hb:6 /23/75:lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACTS BETWEEN THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, AND THE FOLLOWING AGENCIES UNDER TITLE I OF THE COM- PREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AS APPROVED BY THE EXECUTIVE BOARD OF THE CON- SORTIUM: 1. CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT - COASTAL BEND YOUTH SERVICES PROGRAM 2. AMERICAN G.I. FORUM - VETERANS OUTREACH PROGRAM 3. TEXAS EMPLOYMENT COMMISSION 4. SAN PATRICIO COMMUNITY ACTION AGENCY - COASTAL BEND RURAL JOB DEVELOPMENT 5. LULAC EDUCATIONAL SERVICE CENTER 6. CITY OF CORPUS CHRISTI - COASTAL BEND WORK EXPERIENCE PROGRAM 7. JOBS FOR PROGRESS, INC. (SER) 8. CITY OF CORPUS CHRISTI - CENTRAL ADMINISTRATION AS MORE FULLY OUTLINED AND SET FORTH Iff THE CONTRACTS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" THROUGH "H", INCLUSIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMEN- TATION AND ADMINISTRATION OF THE AFORESAID PROGRAMS; 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 and directed to execute contracts between the City of Corpus Christi, as the administrative unit of the Coastal Bend Manpower Consortium, and the following agencies under Title I of the Comprehensive Employment and Training Act of 1973, as approved by the Executive Board of the Consortium: 1. Corpus Christi Independent School District - Coastal Bend Youth Services Program 2. American G.I. Forum - Veterans Outreach Program 3. Texas Employment Commission 4. San Patricio Community Action Agency - Coastal Bend Rural Job Development 5. LULAC Educational Service Center 6. City of Corpus Christi - Coastal Bend Work Experience Program 7. Jobs For Progress, Inc. (SER) 8. City of Corpus Christi - Central Administration 12661 ' 'P. -' as more fully outlined and set forth in the contracts, in substantially the form attached hereto and made a part hereof, marked Exhibits "A" through "H ", inclusive. SECTION 2. That the City Manager be and he is hereby authorized to execute all related and necessary documents in the implementation and administration of the aforesaid programs. SECTION 3. The necessity to authorize execution of the afore- said contracts and any and all necessary and related documents in the implementation and administration of the aforesaid programs 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 such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this thee,/,J, d of June, 1975. ATTEST: CkEy Secret ry MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF JUNE, 1975: City Attorney CO:.TRACT SIGNATURE SHEET 12661 ; PRI`iE SPONSOR: COASTAL BEND M?NZPOWER CONSORTIME COASTAL BEND YOUTH SERVICE PROGRAM P.O. Box 9277 515 1. Carancahua CORPUS CHRISTI, TEXAS 78408 CORPUS CHRISTI, TEXAS 78401 This contract is entered into by the Administrative Unit of the Coastal Bard Manpower Consortium, herein=after referred to as Prime Sponsor and Coastal Bend Youth Service Program , hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of 4 pages, including this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the information in this Contract is correct to the best of his knowledge and belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. COVTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $_195,207 1. Funds carried in from previous program year are $ -0- 2. New funds•obligated are $595,207 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) $ APPROVED FOR THE PRU E SPONSOR DAY OF , 1975 BY- Signature R. Marvin Townsend - City Manager Name and Title APPROVED FOR THE CONTRACTOR DAY OF 1975 BY Signature I Dr. Da_ria %lilliars - Su -oerir_tendent Vama and Title Director of Finance ..EXHIBIT A ATTEST: APPROVED DAY OF � 1975 City Secretary Date 4ulelw fkn!:1 APPROVED: City Attorney DAY OF 1975 Director of Finance ..EXHIBIT A TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. CETA PROGRAM PLANNING SUMMARY 3. BUDGET INFORMATION SUMMARY 4. PROJECT COMPONENT BUDGET 5. PROGRAM NARRATIVE, 6. ASSURANCES AND CERTIFICATIONS 7. SPECIAL CLAUSES S. AVAILABILITY OF FUNDS CLAUSE 9. CASH DEPOSITORY CERTIFICATE 10. SPECIAL BANK ACCOUNT 11. AUTHORIZATION FOR ADVANCE PAYMENT 12. CERTIFICATION OF ACCOUNTABILITY 13. BONDING REQUIREMENTS 14. INSURANCE REQUIREMENTS ♦•Corpus Christi Independent Sch. Dist. c. GIIANT YEAH d, TYPE OF PIIOGIIA14 801 Leopard Street From a To I. 071 Tllto I a, O Tlllo III Specify ...................... M Corpus Christi) Texas 78401 1 1 —__I -„ +� 9 75 6130/76 2. 0 Till, R a, ET Title vi t, FOA RCGIONAL OFFICE USE 014LY INST.IUCTIONS FOR COMPLETING °CCTIONS 1, II, ANU III -- CONT RACT I(CY DATE nEOO. Section I: A (Total Erdollmenlli It die runt of A.1 and A.2. D (Total Tcrrpir a Toni) It the rum of B.1 through �j a 11.3. C (I'Lulned En'ol6ncnu) It A minul D, `�- - u i= . Section 11: Enter In line (a) Eniollmenti In each program Activity cumulatively through the grant year, and in line �1 > E duo La ° >, (b) the number of participants planned to be enrolled In each program •activity at the end of tact, r•JI" �� ¢ a .�' Y°SZ sue G 0 > quarter; pafUcipvut who art concurrently enrolled In meta than one activity ahou)d be counted to tech _ activity bl whlcll they are rnrolled, i -7 -�•-- { t Section fill Enter the cumulative number of participants In each segment to be enrolled durbvg the grirx year. 1, 09 Ic 11 clu)l: L 16I1�1 1:�. 2 2t,ri ^_• : i:•r Participants d:ould b° counted In at many dgnlficant _segment groups is are applicable. 1. ENROLLMENT AND T'Enh71NATION SUMMARY , GRANT YEAIt- TOUATI ?"PLAN* ' A. TOTAL ENrtoLL• 1. Enroll- ments O. TOTAI. 2. Parllel• TLIi'miNA• P -Is Cant. l 1, Cnlodrin Enptcynvn a. Direct U, Indlfe Cl c. Ohtitnad 2. Omar Po:I11v1 7. Non• Po tillvi C, PLANNCC ENnOLlN.F1•rt' _ CLASS 1100 h1T1uk ININC h(E•NTS _ Pub. Sarv9:r TIONS z yI sass Ilemll. Ple cute. -- _ UnplWmut r .� i II — — (rnJ n/ awL•. Egwtenco � ACIN11I69 _ manta. Describe their obieClives and list milaslonas toward their achievement In a quantitative or narrative presentation.' , . . 7 _1_ t315i 1 1 t I ,3,510 L I i _I I l l_ _L _ I I L"41 at cuncnoy Enrolled 1 1 1 1 11 ,1,5,0,0 1 2 J 141810 0 0 1 1 r41 ,?,o G 1 a) Total Enrdllmentt 1 2 7 11 2 1 110,0 _ C 5 I�IIF� O� r 03 7 L5�2C 110 1,3,510 11 r8, 18 ( I 11- .14R'� 8 2 ID s) Total Lm.11n,cnH 440 o G 7 I 16!215 �J2_4�L5 5 0_ I! „1,010 �L t _I_L_1 � 2 1 I I I I �4L0 2 75 3n 3g ' 40 95 ' GO GS 7d -t 77 ' 11, PLANNED ENROLLMENTS IN 17110611AM ACTIVIrICS IV. .OTHEA ACTIVITIES Inolcicnca IIF) • A U C .0 E F _ CLASS 1100 h1T1uk ININC On•tnc•Job Pub. Sarv9:r Work 011101 Indicate other activities or special programs on attach• • ' Ill_m_: E r1r. Voc. Ed. Training Enyiloyrrxe:t Egwtenco � ACIN11I69 _ manta. Describe their obieClives and list milaslonas toward their achievement In a quantitative or narrative presentation.' , . . -17f' `PC� , Total Cnr•oll me nut — - 0 7 - 7' — 1 1I I 1 1 1 1_ L"41 at cuncnoy Enrolled - - 0) - 7 35, O 1, s t cl G 1 a) Total Enrdllmentt 1 2 7 1, I I�IIF� O� C —Ti7 L_b! :,I11cnIlY Enf•Jllen l 2 7 I I I I ( I 11- .14R'� r, ID s) Total Lm.11n,cnH o 7 7_ �1 11 J 1 1 I 512y �r lc b) CwlenPy Enrolled 127— I I I I �4L0 G 1. 11 Total Enroll, onit o 6 7 IC 1' al Curfanlly Carolled 0 6 1 C ] 2 ?] 2•t 25 ]p , 3S ,a4 ` III. SIGNIFICANT SEGMENTS _ • GnAP1T YCAn- 'r0•DATE PLAN CfiANT _YEF1fl•TD•GA7C PLAN SIGNIFICANT 9 /3e 12 /31 3 /31 C,/au JrIGNIFiCANT 9/30 5/31 3 131 6J SLUSIL•NTS — S£GMEN75 Ill Ibl _ 1c) _ tot ___ td) t_UI rcl _ _ •1 ,Disadvantage a -0- 480 520 6 95 P youth G - — tt f I J V. o. SIGNATURE b. DATE SIGNED MA 72h? WO, 0'11 PROGRA1i Youth Service Program SUPPLERENT TO THE CETA r� TITLE I ' I. NUIER OF INDIVIDUALS PLANNED TO 8E SERVED, PROGRAM YEAR TO DATE. MONTH -YEAR II. NMEBER OF INDIVIDUALS PLAZZINED TO BE ENROLLED AT END OF EACH MONTH. III. Mr!ULATIVE PROJECTEr EXPENDITUPWS BY MONZ JULY AUG. SEPT.. 350 350 45,000 OCT. 415 400 100,000 NOV. . 450 430 160,000 DEC. 480 440 220,000 JAN. • 490 440 280,000 FEB. 505 440 340,000 yARCa 520 440 400,000 APRIL. 530 440 460,000 'LAY ' -" 535 440 510,000 TUNE 625 525 - 595,000 ENSTRUCTIONS I. Enter the total planned number of individuals who are planned to be served cumulatty each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the ' II. Enter the total planned number of individuals who will'be in the program covered by this POP on the last day of each month. Only individuals who have been declared eligible for and are receiving services-, training, or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals in March, June, September, and December should agree with the entries in Part 111E of the Corpus Christi Independent Sch. Dist�.' BUDGET lwonmnm summARY G. TY(IC 01: 1-110GAA.M , 801 Leopard Street 1. w 71111 1 3. 0 Till# 111 4. CO TWO VI TF C. BUDGET SUMMARY COST CATEGORIES 2. A!!ovancci 6. scry1ces F, CUMULATIVE OUAnTCnLY PROJECTIONS OF OULIGATIONS AND Exvr.-NDITUJ1F.S LI Li Ericiz] Giant-. to Go-morl il I-01100 LNDING � 2— "` .^'` 1 PROJECT CIMPOMT BU= XU TITLE I D TITLE 11 D TITLE III ITAME OF CONTRACTOR Corpus Christi Independent School District FUNCTION OR PCTT-V7T-T Youth Services Program (Youth Work Experience) (1) ARCUTISTRATIVE COSTS: 73.-946 (2) WAGES: 437,475 (3) TRP.DT±NG: -0- (4) FRINGE BENEFITS: 7,875 (5) ALLOUANCES• -0. (6) mwicEs: 77,911 TOTAL AMOUNT- $. 595,207 w. Other: (Specify) x. Other-. (Specify) SUB TOTAL 71,94b BACK-UP SUPPORT BUDGET AMOUNT (1) ADMINTSTRATIVE COSTS: a. Staff Costs: 48,289 b. Fringe Benefits: 1,500 c. Consumable Office Supplies: 1,121- d. Program Evaluation- e. Accounting System: 2,000 f. Management Information System: g. State Manpower Services Council: W/A h. Prime Sponsor Plannin Council: i. Travel: 9,400 3. Pent: 5,600 k. Utilities: 1. Custodial Services: m. Indirect Costs: n. Staff Training: a. Technical Assistance: p. Equipment: q. Material: 300 r. Capital Improvement: s. Publications: t. Audit Services: u. Other: (Specify) Telephone, Stamps 1,800 v. Other: (Specify) Other direct costs 1,936 w. Other: (Specify) x. Other-. (Specify) SUB TOTAL 71,94b AMOUNT (2) WOM EXPERIESTCE WAGES: @ $2.10 per hour through 12/31/75 and $2.30 thereafter. In- School youth 200 @ 8 hrs. wk. 109,720_ In- School youth 100 @ 5 hrs. W: 34,350 Alternative Ed. youth 50 @ 15 hrs. wk. 56,700 Out -of- School and other youth 50 @ 15 hrs. wk. 561700 Out -of- School and other youth 15 @ 20 hrs. wk. 22,680 Out -of- school youth -x25 @ 30 hrs. wk. 65,325 Summer Start Up -500 @ 20 hrs. wk. 92,000 Total Slots 525 Turnovers 100 Total Participants 625 TOTAL WAGES $ 437,475 NOTE: Above slots and funds are contingent upon an anticipated 1975 Supplemental Summer Program under which participants may be enrolled through September, 1975. If these funds are not available, this Title I program will be expanded to serve enrollees over a ten month period rather than a nine month period, thus reducing participants served by ten -to- fifteen percent. (3) TRAINIM: SUB TOTAL -0- BACK -UP SUPPORT BUDGET AMOUVr ' (4) F=tGE Bmzms- a. Annual Leave: b. Sick Leave: c. Court Leave: d. Military Leave: e. FICA: f. Life Insurance: g. Health Insurance: h. Unemployment Insurance: i. Workmen's Compensation: 1.8 - 7,875 j. Retirement Benefits: k. Other: (Specify) 1. Other: (Specify) (5) ALLO;aAPICES- SUBTOTAL $ 7,875 SUB TOTAL $ -O- BACK —UP SUPPORY BUDGET AMOUNT (6) SER<TICES TO CLIENTS: a. Child Care: b. Health Care: c. Medical Services: d. Residential Support: e. Assistance in Securing Bonds: -- f. Family Plannnv; g. Outreach: h. Intake and Assessment: 3. Orientation: J. Counseling: 77,551 k. Job Development: 1. Job Placement: m. Other: (Specify) Participant transportation 260 n. Other: (Specify) Tutoring, coaching, G.E.D., 100 other - for participants o. Other: (Specify) SUB TOTAL 77,911 GMID TOTAL $ 595,207 FLEXIBILITY OF COSTS: Administrative cost will not exceed 17 Y, of the total. cost. The flexibility of costs between cost categories will depend upon the negotiated agreement between the Prime Sponsor and the Contractor. ' >LS)TiON TITLE SALAAT P:R NO. UNITS PAID „T TI t TO POS TOTAL' AMOUNT - MOUA nliX NOUAf TiiXi Program Director 10 .315 100 43 90 13,545 Asst. Program Director ( 289 _ 43 90 12,384 Sec. - Clerical (4) 130 ea. average 43 100 22,360 Counseling . Specialists (7) 250 ea. average 43 100 61,705 Counseling Pax tim-e Specialists (3) 160 ea. average 39 1 - 50r, 2 - 20',v 3,120 2,496 tnsern Counseling Specialists (3) 50 20 39 50 5,850 .•l. XsslsLanL Counselors i 75 4 100 1,500 Summer Counselors (6) 120 4 100 2,880 - TOTALSTAFFTNIS ' PRO7. /CON ... 7G7aLS ---�� 125,840 R s'NT SQUARE FELT PIATE /SQ. FT. /NO. II O. IN U5Z YO.STAFF USING % USE TOTAL AMOUNT ' a. RFHT.- ................ - .r...... S. RE?iT......... _.. ____ ...... c.TOTAL • 1600 35 10 12 100 5 , 600 ( _ V - 5,600 Annual compensation fron,CETA contract(s) will be for 11 months -without vacation and will not exceed $15,000 unless 12th month is permitted by subsequent Consortium guidelines. . i RA=M DESCREPPION Coastal Bead Youth Services Program Title I I. General Recuirexents A. Objectives and Need for Assistance 1. POK°OSE: The purpose of the Coastal Bend Youth Services Program is to provide part -tom and si— er -work experience jobs for youth, 14 - to - 22 years of age, -,moo are econo* - cally disadvantaged. Thrown highly related counseling and other services, the program will concentrate its efforts in 'terms of the following goals and objectives: a. Encourage youthful dropouts to resume their education:. (1) Through retuning to the regular school program. (2) Through credit bearing cooperative-vocational programs (3) Through the Alternative Education Center(s). (4) Through Continuing Education Center equivalency- Programs (5) Through Section 112 Skill Training. (6) Through other existing educational or training programs appropriate to the participant's needs. b. Encourage potential dropouts to remain in school and /or to continue to develop their career potential through, programs and services mentioned above_ c. Prepare and assist youth, who have an imminent need to be employed, to enter the labor market. d. 'Utilize work experience to complement or broaden the participant's career interest whenever possible. e. Utilize existing facilities and resources to the extent possible in achieving the goals of the program. 2. Analysis of Needs: a. Economic Conditions As They Affect Youth (1) According to recently released national unemploy- ment figures, youth in the 16 -to -24 age bracket make up 44d, of the unenoloyed. In the Corpus Christi area, 330 of the job applications on file 'with the Texas Employment Co.^ission as of January 22, 1975, were from youth in the 16 -to - 22 age bracket. This was well in advance of the suer rush for jobs. i t t (2) In the past, part -time job opportunities for low economic youth ::ere relatively plentiful in both urban and rural areas. Youth could work their may through school and thus 'pull themselves up by their bootstraps.' If all else failed, yester- day's dropouts could join the military service which pro.lded an opportunity for then to mature and learn a trade. Such opportunities have almost disappeared = "or today's youth due to•cozmlicated socio- ecor —i.c and other ;.actors: (a) Increased professionalization, pay, and ' screening stand?zds of the militarf have practically- eli_nated the opportunity for ecotomically deprived dropouts and other lop inc=e youth to Zook to the service for employment and upward mobility. -" (b) The inclusion of youth under state and federal rani mm, wage laws has driven many employers out of the part-time and summer youth employment market. (c) Stringent Federal Child Labor haws, in- creased F.I.C.A_ costs, increased Work- ' men's Cc=ensation costs, increased Unemployment Ccmpensatioa costs, and related factors have strongly mitigated against the part -time or short term employment of youth. (d) The currently inflated costs of doing business has caused employers to shut off many of the remaining youth employ- ment opportunities. Youth are the last hired and the first laid off during periods of economic stress. ' (e) Increased technology and automation in recent years have eliminated many of the unskilled and semi- skilled jobs formerly available to youth. b. Characteristics of Area Youth (1) Blacks and Mexican -Amer cans compose slightly more than fifty percent of the Coastal Bend's population. Mexican- A-merican youth already out number other eaucasions in the area's schools. (2) The educational level of Mexican -Arz ricans in the area lags 3.8 years behind other caucasions, who - attained an average education -I level of 9.8 years. Blacks attained an average grade level of 8.5 years. ._ ti f t (3) Among the area's 21,735 individuals between the ages ! of 16 and 22, 46.6 percent were listed as school dropouts. (4) The employment status of area youth showed that 33 ' percent of the graduates in this age bracket as unemployed while 56 percent of the dropouts were unemployed. c. Youth Employment Needs (1) At last count, the Corpus Christi Texas Employment Service office had more than 8,000 cu--rent youth job applications on file for full -time, part -tine, and suer employment. The current Youth Services Programs had an additional 4,800 aimlicati ons for part -ti=e and si—er work exper -ence jobs as of J ay 1, 197% from Coastal Bend area youth who do not have access to a MC office_ (2) These applications alone evidence a critical need for part-' Ume and summer employment opportunities for youth, especially econ —cally disadvantaged youth -who need such earnings In order to continue their education. (3) Bilingual counseling, such as that currently offered through the current Youth Services Pro -r=, is needed by many of the area's youth to assist then in completing - their education and in securing employment. (4) Tutoring in specific subject areas, especially for continuing education students (participants), is needed to renove barriers to graduation or G.E.D. completion. In appropriate instances, such tutoring should have bilingual capability. 3. Specific Goals a. To keep potential dropouts in school. b. To attract de facto dropouts back to school or alternative forms of education. _ c. -To, assist other youth to continue their education at or beyond the high school level_ d. To assist other youth to be job ready and effect placemd1t. `i YOUTH SERVICES PROG?kM PARPICIPIUM, In accordance with specific goals outlined in the proposal under Item I.A.3•, youth to be served will be as follows: Goal I.A.3. a. To keep' potential dropouts in school. The Youth Se_r+n_ces Program will serve: 200 - youth @ 8 hours per week 100 - youth @ 5 hours per week Cost @ mi ninL wage $144,070 Goal I.A.3. b. To attract de factor dropouts back to school or alternative forms of education. The Youth Services Program will serve: 50 - youth @ 15 hours per week Cost @ mini —m wage $ 56,700 Goal I.A.3. c. To assist other youth to continue their education beyond the high school level_ The Youth Services Program will serve: 50 - youth @ 15•hours per week in conjunction with Section ?12 Skill Training or other education 15 - youth @ 20 hours per week (same as above) Cost @ minimum wage 79,380 Goal I.A.3. d. To assist other youth to*be job ready and effect job placement. The Youth Services Program will serve: *25 - youth @ 30 hours per week in conjunction with G.E.D. (when possible) Cost @ minimum wage �` 65,325 Summer Start Uo '-500 - youth to be served during June including above groups under a., b., and c_ @ 20 hours per week. x'100 - average replacements Cost @ min4.mua wage 92,000 Total to be served: :625 youth Total cost for wages: $437,475 l B. Results and Benefits Expected 3. The predominant thrust of the Youth Services Program in terms of • outputs is reflected in the CETA Program Planning Simnar^y under Section I.B_2., other positive terminations. Such 'other' posi- tive terminations refers to the major effort of the program which is to assist the participant in completing highs school or and then to either assist the participant in obtaining G.E.D., BECG or other financial assistance to attend college, technical school, or to transfer CETA Skill Training, CETA - OJT, CETA Adult Work Experience (at completion of Youth Services activity), or to follow the 'participant in to Section 112 Ski-I-1 Training, or college, through continuing part tie work experience; where other resources are unavailable or inadequate to his continuing career development needs. Therefore, the Youth Services Program. primarily provides linkages which results in positive termination. Remaining youth will either be placed or otherwise terminated. These outputs will both reduce and prevent dropouts thereby elimi- nating, reducing, or delay$ the need for much more expensive ; full -time manpo-aer training services, Welfare services, drug abuse treatment, and.other costs to society as p. result of the dropout problem and the problems of unprepared youth- Consequently, youth served by the program will be -more adaptable and better pre- pared to further their educatioa or training to meet the specific needs of the labor market. 2. Planned Results and Benefits Exoected Through Part -time Work Experience a. It is expected that ninety -two percent oP those participants In regular'sc-nool programs will complete the school year. b. It is expected that seventy -five percent of the students enrolled in the alternative school program trill complete the school year and that twenty -five percent will graduate_ e. It is expected that fifty percent of the youth not involved in regular or alternative school programs will. make normal progress towards the completion of G.E.D. work and that at least fifteen percent of those so involved will complete their G.E.D. d. It is expected that at least twenty -five percent of those participants not otherwise involved under items B.2a and B.2b above-, will enroll in a skill training or an educational program at the c=un-ity college or college level (when other programs cannot meet specific needs). The majority of these youth will be involved in skill training through CEM Section 112. e. The program will assist a minimum of twenty -five youth to obtain job placements. f. The above expected outputs will mpet the needs of participants described in A.2 and provide a method for measuring the effec -- tiveness of the program in assisting target youth to continue their education or training as described in the goals and objectives. i COASTAL BEND YOUTH SERVICES PROGRAM r= INTAKE -ACTIVITIES AND SERVICE CME S E R V I C E S D I M E N S I O N GOALS & OBJECTIVES Youth serves the concurrent program Continue community through counseling designed in School supervising user to assist youth to agency reach career goal Continue Alternative Ed. Continue toward • Recruitment Assessment WORK EXPERIENCE ASSIGNNEUT G.E.D. • Certification Intake to relate to or broaden Enter college or • Screening Orientation career interest when possible Skill Trainin (Non Ccmpletors) Job Placement Interlinkages with Supportive Other positive School, CETA 112, services from terminations college, etc. other agencies O P E R A T I O N A L D I M E N S 1.0 N PLANNING - - — IbiPIEMENTATION - EVALUATIO i 3. Steps have been taken to insure the•upc;ard nobility of youth served by the program. Working arrangements have been developed with the IUTLAC Education Center to arovide financial assistance counseling in securing college and vocational financial assistance. Similar arrangements have been developed with Bee County College, Del tar College, and Texas A & I University, and high school counselors throughout the area. Working arrangements have been developed ' with the Texas Employ -+ent Cc^ission and all other CETA Programs to provide for those youth needing iuxther CETA training. Working arrangements have been developed with the City of Corous Christi, area counties, to.;ns,'school districts, and other agencies and organizations to employ certain youth. These are all informal but effective working arrange=ants. $. The whole thrust of the Youth Services Program is toward the - mmward mobility of participants. Conseauent]y, it is e.tim =ted that ninety percent or more of the youth served by the program. - - will, be able to enter employment or further their training or education at a higher level than could have been expected had they not participated. < • _ C. Approach - 1. The Youth Services Program will operate within the overall. CETA Planning System. 2. Activities and Services a. Part =time work experience was selected as the CETA activity best suited to meeting the needs of youth involved in com- pleting or continuing their education or, in some cases, training. b. The work experience activity will involve placing youth in public and non - profit w�rksites throughout the Coastal Bend Area. Work exp=eriences will be utilized to complement or broaden the participant's career interests whenever possible - Youth who are targeted for job placement will be assigned to user agencies post capable of effecting employment within a six month period. c. Participant floc related to Work Experience (1) Certification (2) Intake (3) Assessment - career (employability plan) (4) Orientation (5) Work Experience activity, (6) Relationship to educational activity- concurrent related counseling (7) Concurrent services if needed. ($) Concurrent preparation for positive termination or placement ..«w.. - •::h_G:y_ ..• -,sT.: r_ . - ...'+.L'- -.c ._ _..x.sr... _ _., .�t •.. _ . _ - __.,r:±^k.'= ..^^. ;�"i?''• i (9) 'Exit interview and counseling (10) Termination (32) Follow -up d. Recruitment and Screening (1) Recruitment will be through the schools, news media, the Texas Maployment Cc fission, CETA Programs, and other agency referral. (2) Screening will be in keeping with 020 guidelines. Final selection will denend on age, degree of ' economic need, and related factors in that order. e. Eligible veterans needing program services will be given - special L special consideration. Recruitment and outreach will be 'through the CETA Veteran's Outreach Program. 3. Man---,ge=ent and Administrative Plan a. Progr2m admiriitrators will administer a Management Information System designed to meet Consortium and/or CETA reporting require- meats. The program operators and staff personnel standards will comply with the established School Board Policies of the Corpus Christi Independent School District and the administrative regu- lations eman. -ting therefroit. b.. Program monitoring and evaluation will be based on: (1) main- - tenance of au' thori zed enrollment levels, (2) participant hol ding power as related to educational efforts, (3) participant holding power as related to work experience and/or other training, job placement as needed, (5) relationship of work experience to reinforcing or broadening career interests, and (6) effectiveness of related counseling. Job placements will be verified in writing by the em=ployer, exit interviews with the participant and follow -up. c. Under the direction and supervision of the Superintendent of Schools, the Assistant Superintendent for Administration, and - t he Director of Administrative Services'ad Community Relations, the Youth Services Pro.gram will have the following organizational pattern involving differentiated staffing practices: See attached chart YOUTH SERVICES PROGIVIM Organizational Mart Program Director (Team Leader) - -Program. Team Assistant 'Director (Leader of Activities and Services) • Secretarial and Clerical lerical Program Counseling Specialists '(Area Team Leaders) -Part—time Counseling Specialists Area Assistant Counseling Teams Specialists (Coaches) Participant Aides Worksit Supervisors ------- (User Agencies) - d. As the contractor, the Corpus Christi Independent School District will rake all payments, including salaries and wages, due under the contract. (1) Payments will be made as funds become available. ' (2) Salary and wage payments. will be through data prates- sing checks. Staff will be paid monthly. Participants will be paid se-.- monthly with a fifteen day delay from the end of the first work period and regular payments thereafter. (3) All progr= costs will- be accounted for by the Corona , Christi Independent School District's regula,- data - processing accounting system under a special z"lzud account. Costs against that account will be drawn against a special bank account set up for the program.' (4) Rate of participant pay will be equal to the required Mini== wage whch is $2.10 per hour th+ougc December - 31, 1975, increasing.to 52.30 per hour on.3anuary 1, 1976. Time and attendance records will be maintained which will satisfy both the contractor and CETA Rega- lations. e. Participants) will have grievance recourse through his super- visor, counselor program administrator(s), or CETA Planning office, preferrably in that order. However, he may skip any of the above and be advised as to the next level at his option. f. The program administrators will take the follocA=g affirma- tive action to insure that non discrimination and equal employment opportunities prevail in the execution of the program contract. (1) That in the make-up of the program, minority parti- cipants equal or exceed their groups percentage make - up of the total co=uni.ty. (2) That staffing reflects or exceeds the area's minority make up. (3) That all equal opportunity and civil rights require- ments of the contract and regulations are adherred to. 4. As described under purposes, goals and objectives program efforts will be interlirked with all appropriate schools, agencies, and non- profit organizations throughout the area. Services sought from these agencies will depend upon the various needs of the participants. 5. Cost Plan. Administrative costs are projected from the FY75 plan and are apt within a limit of 15 %, to allow for CET-A administration. __z D. Geo?rapYdc Locations Served <� The Youth Services Program will serve the Consortium's eleven counties. Participation levels will be determined by previous guidelines, relative need of participating co =unities, and individual needs in that order. w i Counties included are: Bee Live Oak Brooks McMullen Duval Nueces Jim Wells Refvgio Kenedy -San Patricio Kleberg The program will be coordinated and implemented through school, ccun +y, city (town), and other public agencies and non- profi -t organizations throughout the Coastal Bend Area; counties shoma above. b. It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 88 -354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the b= nefits or, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. C. It will comply with Title VI of the Civil Rights Act of 1964, (42 USG 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation is such program . because of race, creed, color, national origin, sex, age, political affiliation .or beliefs (sections 703(1) -and 712)- - e.'. It will comply -with the requirements of the provisions of ihc' . f -Uniform Relocation Assistance and Real Property Acquisitioa Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f_ It will- comply -with the provisions of the Hatch Act which limit. the political activity of employees.:- g_ It will comply with the requirement that no program under the Act shall involve political activities (section 710)_ Ii: It will establish safeguards to prohibit employees from using. . -their positions for a purpose that is or gives the appearance , of being motivated by desire for private gain for themselves- ' or others, particularly those with whom they have fam:Uy; ' business or other ties (section 70Z(a)). i. It will give 'the Department of Labor and the Comptroller _ General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(2))_ i ~ ASSURANCES AND CERTIFICATIONS I A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P. L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply -,vith OMB Circular number A -95. and Federal _ Management Circular (FMC) 74 -4 'and 74 -7, as those circulars relate to the utilization'of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act.. 2. The applicant further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will natify the Assistant Regional Director for Manpower (ARDM) within 30 days after promulgation of the• •- "t amendments or revision that it cannot so conform, so that . the ARDM may take appropriate action including-termination, if necessary. i 3 In zaditi ^^ to the requirements of I and 2 above and consist cut i with''che regulations issued pursuant to the A#, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the appL "cant to act in connection . with the application and to provide such additional infor� mation as may be required; z s. It will submit reports as required by the Secretary- and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lo v.- income persons for meaniratul employment opportunities (sections 703(12) and 31l(c)). t. The program :will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13))_ u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and -other policies as may be necessary to promote the effective use • of funds (section 703(14)). V. The program makes appropriate provisioa for the manpower needs of youth in the area served (section. 703(1.5), and will _ as'ture that_ - (1) Individuals receiving training on the-job shalbe compensated by the erployer of such rates, including " periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate.less than that specified in Section 6( =� }ft} of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local rrini==� . wage law . (section 111(b)). (2) Persons employed in public service jobs under "this " --" Act shall be paid -wages which shall not be lower than " whichever is the highest of (a) the minimum Swage whiCFL '. would be applicable to the employee under the Fair Labor : - Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof, (b) the State or loc- -1 minix_- wage -- for the most nearly comparable covered employment, or (c) the prevailing rates of pay for persons employed in _ similar public occupations by the same employer (section 208(a)(2)). w. it will comply with the labor standards requirements set out in section 700" of the Act. _ ,1� j. Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship ` (section 703(3))- k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicaa.L (section 703(4))_ m. Provision of appropriate workman's compensation to all partic- •ipants in on- the -job training, work experience or• public service employment activities and appropriate: insurance for all partic- ipants in classroom training, services to clients, or other activities (section 703(6)). n_ The program}. will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection v-ith work tnit would otherwise be performed (section 703(7)). - o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation z !section 703(8))- p. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment: opportunities which will enable participants to become economicilly self- sufficient (sections 703(9), 105(a)(6)). q. Institutional skill training and training on the job shall - only be for occupations in which the Secretary or the prime sponsor has determined thdre is reasonable expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible applicant's grant (sec. 703(11)). �1 G- Add itional'Assurances Rclatini to public Service Employment Proer:cm!i For public service erployment activity, the applicant further assures and certifies that: 1_ Special consideration will be given to the fillirig of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) pro.-note the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (Z) provide participants with s't-Uls for which there is an anticipated high demand, or (3) provide participants with self - development skills; except where exempt under the provisions section 604 of the Act, provided however. that nothing contained in this para -graph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections Z05(c)(3) and 604).. 2. To the extent feasible, public service jobs shall, be provided _ in occupational fields which are most likely to expand within the public or private sector as the- unemployraeat. rate recedes, : except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604)- ". 3. Special consideration in filling rransitionalpublic services jabs will be given to uczernployed persons who are the most severely disadvantage in terms of the length of time they Dave been ...,unemployed without. assistance, but such spacial consideration shall not authorize the hiring o °_ any. person is on lay -off from the same or any substautiaiiy equivalent jub (secLioa 2u 5(c)(7)). r- l No funds will be used to hire any person to fill. a job opening created by the action of an employer in laying off or terminating - the employment of any other regular employee not supported under. the Act in anticipation of filling the vacancy so created by hiring an employee to her supported under, the-Act-(section 205(e)(8))._ -_ - _- S. Due consideration will be given to persons who have partieipared," in manpower training programs for whom. employment opportunities would not be otherwise immediately available ( section 205(c)(9)). •6. Periodic review procedures established pursuant to section 207(a) -• of the Act will be complied with (section Z05(c)(17))- i y,� r ` x. Services and activities provided under this Act will be administered by or under the supervisor of the applicant (sectior_s 105(a)(1)(S) and 205(c)(1))_ $. Additional Assurances for Title I ProE!rarns In carrying out pros =arcs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in reed of them including low income persons anal persons of limited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). Z. Programs of institutional sk11 training will be designed for occupations.in which skill shortages exist (section 105(a)(b))- 3. The plan meets all the requirements of section 105(a) and the applicant -. •ll comply with all provisions of.the Act (section ; 4. It will make such arrangements as are prescribed by regulation, to assist the Secretary in carrying out his responsibilities - under sections 105 and 10$ of the Act (section 105(a)(7)) -- 5. Special consideration will be given to the needs of eligible disabled veterans, special veterans, and individuals who served fix the Armed Forces and who receive other than a dishonorable discharge within 4 years before the date of their application. Each prime sponsor in selecting participants for j programs funded under Title I of the Act, shall take into consideration the extent that such veterans are available in j the area. Specific effort should ber made to develop appro- priate full or part -ti nie opportunities for such veterans. _ The prime sponsor should utilize the assistance of the States and local veterans employment service representative in formulating its program objectives. On a continuing and timely basis, information or.L job vacancies _ and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose 01 disseminating"inEormation to eligible veterans (,ection 104(b) of Emergency- Jobs and Un- employment Assitance Act of 1974)- •i'• 7. -oencies and institutions to whom Financial assistance i5 made available under this title have undertaken or will undertake, analyses of job descriptions and rrevaluations: and, where shown necessary-, revisions of qualification requirements at all levels of er?ployment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment those whom it is the purpose of the Act to assist (section 205(c)(18))- 8. Where appropriate, it will maintain or provide linkages with } upgrading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue wort: with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain. work in other fields (sections 205(c)(19) and &0.0- 9- The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, inlcuding opportunities for the dis- advantaged (section 205(c)(21)). 10. Not more than one -third of the participants in the program wilt be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary - inay waive this limitauoii is excepti.uual circumstances -- (section 205 { 11.' Jobs will be allocated equitably to local governments and agencies into account the number of unemployed persons within tnetr'" jurisdictions and the needs of the agencies (section 205(c)(23 ? }: "_ _i 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available ! to persons currently employed in public service jobs not sub- ; sidized under the Act, and assure that no job win be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining _. agreements have been complied with (sectiorL 205(c)(24))- 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act: (section 205(c)(25))- i ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (ADDRESS) (DATE OF APPLICATION) i i . - . ' - ^ SPECIAL CLAUSES TABLE OF Comas 1. CHANGES . '''-'^-'''''---'''-'------''-- Page z e, - ''~-^''~- .......................... Page u ], CHILD LABOR .......................................... 4' E*oAL!OPrvo=zz CLAUSE .............................. Page s x' sRxzoEz no ENROLLEE WAGEo.'.-...^..-..--^.''.'. Page 4 u. zEoM'aAT'mo or TRAlMo oxMMocLEES.................. Page T. TERMINATION .......................................... "s°5 a' :EnuzmAroON FOR convzMOCE .......................... Page zo y. ooaoconcrzom�m nozLzo�oa��z�nu�zoN''''''- � '''''s�ze zv' LISTING OF EMPLOYMMT OPENINGS ........................ Page zs zz. z�vz�IoNa........ � � ^`^~^^~'^^'^^^''^'^^^^,^..^.,...m�ez5 12. DISPUTES -''-''-~^^~~^-^^—'''^^-'^-'^—'�°e°zG zs. ooBunNTsmnzINm � '—'-^^'^^---'--`--^--'--�aee 16 14. COURT ACTIONS ........................................... Pooe 16 15' ORDER OF PRECEDMCE ................................... Page rr 16. MOTIONS OF EXECUTIVE BOARD �/ SPECIAL CLAUSES 1. CHMIGES a. The Prime Sponsor's Contracting Officer may, at any time," without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or =saner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrautee gives the Prime Sponsor's Contracting Officer written notice stating the date, circ:.�nstances, and the source of the order and that the Contractor /Subgrantee regar:s the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in- the Contractor's /Subgraatee's cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /.iubgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting fo-th the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. ,%` s � f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract / subgrant as changed by the Prime Sponsor's Contracting Officer in 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 /Subgrantee 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 terns, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement- 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, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. k 4. EQUAL OPPORRMITY CLAUSE During the performance_of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any empldyee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion., sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for emnloy- men_t, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideraticn for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will per --it access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor ma_v be declared ineligible for further Government contracts in accordance with procedures authorized 101, s in Executive Order 11246 of September 24, 1965, and such other sanctions may -be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by lacy. (7) The contractor -rill include the•proy!lsions of paragraphs (1) through (7) in every subcontract or purchase order unleS 'exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required . under Federal, State, or local laws if it is higher than that stated in Item Number 1 above: 6. TER=ATION OF TRAINEES OR ENROLLEES Trainees or enrollees All not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a *col Iective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract / subgrant, the Contractor /Subgrantee end the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the 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 pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review requir-w.,, by the contracting agency's procedures in effect as of the date of execu- tion of this contract / subgrant, determine, an the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason o$ the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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) aboye, 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 /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection' with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Co ntractor /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: s i (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 Cm 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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of 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 h%s 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 claim 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 of the date of execution of this contract/ subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. rf S (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termina- tion; (b) Assign to the Prime Sponsor in the manner and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reim- bursable is whole or in part, in accordance with the provisions of this contract /subgrant. (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract / subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies., and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract /subgrant for the cost-of which the Contractor /Subgrantee has been or will be reimbursed under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the tyoes referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor/Subgrantee under this contract / subgrant or shall.otherwise be credited to the price or cost of the work covered by this contract / subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; s t T . TERMINATION a. The performance of work under the contract / subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to ti =e in part: (1) Whenever the Contract or/Subgrante e shall default in per- formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the 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 /SubgranteeIs 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'Terminatioa 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; t i contract /subgrant shall be equitably adjusted by agreement between the Contractor/ Subgrantee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract /sub- grant . (i) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be-within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally deterined 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 /SubgraateeIs claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TERMINATION FOR COPT NIENCE 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- formance 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 1 � (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 Contract or/Subgrant ee has failed to submit his cl•A m 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract / subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the t (f) The Prime Sponsor may from time to time, under such terms and conditions as it map prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /suba:ant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime • Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the con! tract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or. acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination' inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9 • CONSTRUCTION Ala;) BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. —4 —47/ s s the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and 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 Notice 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, FIND FEE, AND PAY - Mr^.�IT Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract / subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon 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, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con - tractor/Subgrantee shall be paid the agreed amount. 10. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an: establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such reports to such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to.this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic.:lar group of job applicants, and nothing herein is intended to relieve the Contractor from eV requirements in any statutes, Executive orders, or regulations regard _g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, t.t not be limited to, periodic reports which shall be filed at least quarterly vi- :h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Suca reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 dais after the end of each reporting period wherein any performance is made under t_s contract. i ^e Contractor shall msiatain copies of the reports submitted unti_ --'-a expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secretary of Labor. (d) Wherever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in eszh State wherein he has establishments of the name and location of each such est=--- lishment in the State. As long as the contractor is contractually bound to these prow sions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This close does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside" of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) '-"All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office;- laborers and mechanics; supervisory and nonsunervisory; technical; and executive, administrative, and professional openings w}iich are compensated on a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment Of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer- union` hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the "Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, - subsidiaries, and parent companies)-, and - includes any openings which the Contractor proposes to fill from regularly established "recall" or ."rehire" lists. (4) "Openings which the. Contractor proposes" a 'to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. s�i� 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any' dispute concerning a question of fact arising under this contract /subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor / Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for - the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract / subgrant shall be construed as making final the decision of any 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) . "Veteran of the 7ietnam era" means a person (A) who (i) served on active duty with fha Armed Forces for a period of more than 180 days, any ' part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,,-or (ii) was discharged or released from active dut7-for sawrks*"cc=m�t-te3,- .isab3.lity if any part of such duty was performed after August 5,1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first -tier subcontractor) has failed or refuses to comply w_th the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetera =s' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the ter--s of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most comp- elling circumstances such as situations- where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national 'security, or where the 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. 8 t 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one *ear, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12q, per mile travel expense- 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 12¢ a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. June 2, 1975 7. YOTION: That no contractor exceed 17% for administrative cost. 8. ALNDSENDiMENT TO MOTION #4 (6- 17 -74)c That all out -of -area travel for any program have clearance by the staff. AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. �1- !7 CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTACM4EENT.A - Paragraph 3 The undersigned hereby certify that: "Any moneys advanced to tan State or local gover=ents which are determined to be public moneys (owned by the Federal Gover=eat) mast be deposited is a bans with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 265. Bank Name Corpus Christi Name Corous Christi State National Bank Inde endent School District (Signature) (Signature) (Date) (Date) Tom Roberson (Type Name) (Type Name) Assistant for Finance ' (Title) (Title) t - • AGREE= FOR SPECIAL BA'TK ACCOUNT The Corous Christi Independent Sch. Dist. hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and the Corpus Christi State Piatior_al Bank a banking corporation located at 502 S -. Water St., Cornus Christi, Texas hereinafter referred to as the Bank, hereby mutually agree -as follows: 1. As a condition to the raking of advance or supplemental payments under the Contract /Grant No. dated ' between the contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Youth Services Program" 346 Special Bank Account," hereinafter referred to as-the Special Bank Account. 2. The Bank is "insured" within the mean ng of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with- respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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 Specisl 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 WITUESS 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 BANK NA!--E Corpus Christi State National Bank BANK COBLA2ERAL required, based upon est maximum bank balance, (excluding FDIC co of $20,000), is aIGNATURE DATE ZYPE NAN—M PITLE SUBCONTRACTOR USE THE PRIbM SP02ISOR SUBCONTRACTOR'S NAJ -1E Corpus Christi Independent School District iIGNATURE DATE SIGNATURE DATE 'YPE tlAbG - TYPE NAME 'ITLE TITLE a;r' AUTHORIZATION FOR ADVANCE FAYM'-'T An initial advance payment to the contractor in the sum of S73,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest_ The contracting officer hereby determines that the making of such advance payments without interest is in the public interest. RETENTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (27) of the total grant, not to exceed $2,000, will be reserved pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the. audit. i Y CERTIFICATION OF ACCOUNrAHILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, 6 Organization of Chie Financial Officer QCheck if one has not been appointed or designated. 2. Will the Accounting System be directly maintained by you? Yes Q No (If No, who wiU maintain the account- ing system? Name and Address J. M. Pearce, Assistant Tom Roberson, Asst. for Finance.. Superintendent for Business 801 Leopard Street Corpus Christi, Texas 78401 3. Are you Familiar with the Department of Labor Audit Requirements? p Yes E] No 4. Description of your. Financial Accounting Systems. (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) The Corpus Christi Independent School District utilizes an automated accounting system which meets all Texas Education Agency accounting requirements. This. system has also met all.' accounting requirements of the Manpower Administration over the past several years in the execution of NYC and CETA contracts. USE CONTINTUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code Dana Williams, Superintendent 512 - 883 -5261 Signature I Date of Execution :Y' CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT 818 NORTH CARANCAHUA P. O. DRAWER 110 CORPUS CHRISTI. TEXAS 78403 J. M. PEARCE ASSISTANT SUPERINTENDENT FOR BUSINESS June 17, 1975 TO WHOM IT MAY CONCERN; All payroll and accounts payable checks against the various funds in the Corpus Christi Independent School District must bear the facsimile signature of W. Glenn Hutson, president, and J- A. McQueen, secretary, of the Board of Trustees, and initialed by J. M. Pearce, assistant super- intendent for business affairs, or Dr. Dana Williams, superintendent of schools. No funds may be withdrawn from any account other than by check signed by the authorized persons enumerated above. s>s ant Superintendent o usiness ww :61 " ; 'V -- --- - --- MARYL li, -' " 653 HOME OFFICE OF I -kND B1.Li7.1fO1ZrL, A11J. 21203 (111-.RFI,-,AFTFR CALLED SURETY) -EES '0. API'LICAI-10,N-Q(!l�.STIONN,tTli17 F-011A PUBLIC EMMA)) F) 0 Nr�* B 011A PUBLIC SCHOOL SYSTEM EMPLOYEES JiL.MNKET BOND Application is hereby made by— CORPUS CIIRISTT IUDEMMENT SCHOOL DISTRICT (herein called Obligcc) for the use and benefit of-- (Fact N... .1 I.,.,.d) CORPUS CHRISTI, TEXAS (herein called Insured) (City) for coverage under the bond designated below with respect to such of the following Insuring Agreements opposite which an amount is stated, to become effective or to be continued as of _jUtetaLbe - 25, 1972 Public Employees Blanket Bond ❑ Public School System Employees Blanket Bond ❑ Insuring Agreement 1— Honesty Blanket Bond Coverage. .* ...... .................................. $.-- Jusurlug Agreement 2—Honesty Blanket Position Bond Coverage. ............................... w ........... 10 J.000.00 Insuring Agreement 3—Faithful Performance Blanket Bond Coverage........ .:.. ............. Insuring Agreement 4 --FaitF[ui Performance Blanket Positip -n Bond Covera ge .............................. Premium payable: prepaid ❑ I year, ❑ 2 years,(�Gj 3 y..--1-b 4 years. instalmeuts ❑ 3 years, ❑ 4 years. 1. (a) Is the Insured a part of the government of the sta't'dounty ❑, City D, town [3, vMage ❑ or other political *subdivision 0, and if last, state which. -(b) if thisApplicntion-Questionnaire is for a Public Employees Blanket Bond, isaSchool System part of the Insured? (c) List all subordinate departments, divisions, offices or institutions whirl, the Insured is authorized by law to manage, govern or control. T'. .. .......... . .. 2. Give total number of persons employed by the Insured. 3541 3. Will the Insured arrange to have new Employees complete personal applications (supplied by Surety)? Yes 4. Is.there likely to be a substantial increase in the number of Employees during the premium period by reason of seasonal activity or other, circumstances peculiar to Insured's function? No S. Audits (a) How frequently made? Annually (b) Are all locations included? yp (c) By whom? Auditor-, CPA firm Others-(c Ru*l"' ')) (d) When gas last audit made? -Augusr 31 , 1972 W Ptriud coveted Seutember 1 , 1 97 1 - A,,ig. 31 , 1 (0 XN'cre any discrepancies or loose practices commented upon? No . If so, submit a copy of audit or auditor's comments. 6. Losses of a nature which would have been covered by the bond applied for (past 5 years) —Check if none ❑ Te Sic] • Date Amount Employee's Position Corrective Measures Taken (Other Than Discharge) ... . .. ... .. ........... 7. Present coverage in force-Check if none ❑ Form of Bond EFective Date Amount Name of Company xtbook Custodian hool Bus Driver j966. 9-1-72 '-73 16,000 2,000 F & D F & D Use separate sheet if necessary. S. Complete th. Clas,ification or Employees on reverse side. 9. If additional indemnity under any Insurinz Agreement is desired on any position, complete thn folio-inp.,: Total Number Amo--t of Position Location in Each Position on E'Cit Employee A Datrdat- Corpus Christi, Texas 1901 orpus Ch r il,ti Independent School District Asst. Sxipv.rintt!nd,-ji Gordon Sn-tit), Insurance Agency . . ........ . ..... . .................. .......... Is•il Insuring of Employ— Additional 1.�dt,nuity Datrdat- Corpus Christi, Texas 1901 orpus Ch r il,ti Independent School District Asst. Sxipv.rintt!nd,-ji Gordon Sn-tit), Insurance Agency . . ........ . ..... . .................. .......... Is•il OF +.'•11 i.1 :1"1:E5 i;Y 1)U "ll�-ti OR 3" "il- ON5111ILITUES :iGr.;tirn crdrr C'. ass :1, ft . C; tte•cthcr with stlC{ lrmrnml el.m;itication rrint. m :h•: event cnerragc under tl•c bnnd applird iwn utfJ••r man: than and Insets.;• .1�roer.:enq cun•:imtc• Lice luvore.l'a rn: {rn prr..,,:nrl as n[ the d.,te Ui tltit;up {sli _e+t rand irelurin mcntFrrt of Itnvds and Commi+ +inns nhrthcr or not sneh per.onn "I fir flu mc.nFrn of eurh nn uni +and Cnm ale t end under thr Fond. if coverage it to be given under more than ono lu +wring Agrecmrnt, separate Clamilacatton, of li a must be completed for each Insuring Ab- reemene and in such even[ this daasifieation applio to Insuring lgrcemen f � . CLASS A ENI PLOYCES All rxecutive, Administrative, Judicial anal Snpervisnry ofl'.6-0s, Depvtment and Division Heads and Assistant Department and Division Ilcad+ all peace of .cers' and all o:liciats and employces wl:ese principal duties are to, 1. handle, receipt for, or have custody of moccy, cht_ks or securities, or account for supplies or other property: auUmrixe (or make ap. propri.ttions for) expenditures; approve, certify, sizn or countersign checks, drafts, warrants, vouchers, orders or other documents providing for the p.t)ing over or d0ivery or money, securities, supplies or other property, or sane process; or 2. maintain or audit accounts of money, checks, securities, time records, supplies or other property, or take physical inventories of money, checks, securities, supplies or other pruperty. -• •- apan+a ^ -o are .ha +tfini s. -A' I ?mnto...s ands both "F ahrinl t•enormanee • Cov.mre. but are dastard a. "C•' L'mdoveea under troth "Honesty' Covanars. ^— Paeldon Puldon Nnmber of OCCYDant. r. Cafeteria L____ &oazd�lcznb_e.>rs._)iho 'resident, Vice- , _ •- Pre ... Poddon Number or O-0-ts and Asst. Secretary �_ Total Class A. 95 _ _ -- • : CLASS B EMPLOYEES .. All personnel whose principal duties consist of: ' 1. Inside or outside clerical activities. -- "' - - -- �- -' ' - --•_._�.._... _ -.-._ - - _- �_--- _ -._ -- 2. Office work such as stenography, typing, filing, switchboard operation, business machine operation, etc.- =- - -- • -- ••--- - • - 3, Operation of vehicles transporting passengers for cash fares or tickets. _- Po.ldon Number of Occupant. Div. of Bus_ Affairs 37 Div: of Acl_minist_.r tion__3 }__? Div. of Instruction 29____ Poeldon Number of Occupants Posltloo - --••--- --- ------ --•---- - - --- - - -° °---- --------- -- _ -- --- - - - - - - --- -- -- -- — - - — -- -- - - - ----- -- -- - -- -- - — - __ .. .. ; .. __ _..__... . _ ... _ .. _.. _ . _ •. .. Toted Class B Number of Oct. D.nt. CLASS C EMPLOYEES Asst_..st;M mAinE.Ss --- - - -} Director Athletics 1_ Asst,__Dir,- __AthLetics ______L____ Pt }�il_ticct:__ &___ ____________ Research - I -•- --•---- --•o-r•--- -I-- •----- ---- Asst_ for Finance_____ Number of Occupants Principals__iK- Assts__ • ___83___ Director Cafeteria Puldon Nnmber of OCCYDant. r. Cafeteria L____ &oazd�lcznb_e.>rs._)iho 'resident, Vice- , _ •- Pre ... Poddon Number or O-0-ts and Asst. Secretary �_ Total Class A. 95 _ _ -- • : CLASS B EMPLOYEES .. All personnel whose principal duties consist of: ' 1. Inside or outside clerical activities. -- "' - - -- �- -' ' - --•_._�.._... _ -.-._ - - _- �_--- _ -._ -- 2. Office work such as stenography, typing, filing, switchboard operation, business machine operation, etc.- =- - -- • -- ••--- - • - 3, Operation of vehicles transporting passengers for cash fares or tickets. _- Po.ldon Number of Occupant. Div. of Bus_ Affairs 37 Div: of Acl_minist_.r tion__3 }__? Div. of Instruction 29____ Poeldon Number of Occupants Posltloo - --••--- --- ------ --•---- - - --- - - -° °---- --------- -- _ -- --- - - - - - - --- -- -- -- — - - — -- -- - - - ----- -- -- - -- -- - — - __ .. .. ; .. __ _..__... . _ ... _ .. _.. _ . _ •. .. Toted Class B 221 ' CLASS C EMPLOYEES - All personnel whose principal 4uties consist of: ' "- - ' " -- - •-•- -- -� -- --�- - - • - -• -•• 1. Skilled or unskilled labor and craftsmanship. • - - • • -- 4_ Any teaching rapacity in the field of education. -- - •• - -- 2. Solely the mechanical operation of automotive equipment. 5. Outside or field work of a non-clerical nature. - - 3. Nop- clerical activities of the medical or nursing professions. 6. Patrolmen under the "Honesty' Coverages. • -- - - Number of - • Posidau_ Oct. Number of Paldmi O..Up.nts - Poaldoa - Number of Occupants _ _ Pasta Teachers 2101 - _ . -- --- -- -- ---- -- .— -- _ Plant operation______ -___ .... 2q___ ___Attendance officers 2 Plant Maintenance --------•--•-----_._----•-- • - - Ituflshrs7nzn_s1>pe =v — 63- -- -- --- -- - - -- -_— — — - ---- - ---; —_— ans es, Lunchroom m r cooks__$;. as_sl�.tants ----337. ... - .......... —_- ---° ---- — _ -- - - - ............ Total Class C 3225 . PERSONNEL EXCLUDED - Certain Officers and Subordinates are excluded aucomatimlly from coverage by the terms of the designated Blanket Bonds: - - - - 1. All Coveragee- Treasurers and Tax Collectors by whatever title known. - 2. I•nithful Performance Covernges - Personnel required by law to furnish an individual bond to qualify fat office. 3. Honesty Coverages- Personnel required by law to give bond for faithful performance of their duties. List hereunder the positions occupied by such Officers and Subordinates • " ' • - - - - -- Po,ltlao Number of oceu Danta D.ton Oee u .pant! uu O cp.o ._:. ____ ...... _ .......... _ ........ ...... _........... ________--- ____ � ____- ___- __ -___ --- _------- t. ,tl __-_ ________________._ ------ - ___--- - .______.__ ____ i --- _ --------------- _----------------- ____ —__ 1 ___________— _— ----- _ --- ------- ............ ... .. - Total Other Officers and Subordinates may be excluded by the Surety by rider. See Public Official Alanual Rule "Exduslon of Employees:' List litreunder the positions occupied by such Oflicerb rind Subordinates • u1 • _f:% Number ut P.M.. Number of poatdoo pc�� °ants Poeteteo OCCteDa ot. Occupant. ... ._. . ....... ..................... .. _..._._ • ._.._- .._... ..._ ....... ._ ... ..................._.._.._._.__ .......... ......... ............................... ........ Tot.] ' CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Board Members W. Glenn Hutson 3409 Floyd Corpus Christi, TX 78431 President Cornell C. Barnard, D.D.S. 1240 Third Corpus Christi, TX 78404 Vice President Jack A. McQueen 4650 Janssen Corpus Christi, TX 78411 Secretary Mrs. W. Bruce Darlington 4729 Congressional Corpus Christi, TX 78413 Assistant Secretary James E. Albright, M.D. 2481 Morgan Corpus Christi, TX 78405 Franklin Bass Guaranty Bank Plaza Corpus Christi, TX 78401 Arturo Vasquez, C.P.A. 4707 Everhart Corpus Christi, TX 78411 Suite 203 CONTRACT SIGNATURE SHEET 1. PRINr'. SPONSOR: COASTAL B24D .L9:+TOi.ER CO \SORTIUX P.O. Box 9277 CORPUS CHRISTI, TEX_4S 78408 1266 * CONTRACTOR: GI FORLi4 VETER? \S OUTREACH PROGRA •[ 2610 Morgan Ave. This contract is entered into by the Administrative Ur_it of the Coastal Bend i''-noower Consortium, hereinafter referred to as Prime Sponsor and GI FORUM Veterans Outreach Program , hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program In accordance with the provisions of this agreement. This contract consists of 7ages, including this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the infor*ation in this Contract is correct to the best of his knowledge and belief and this Contract has been fully • authorized. Funds hereby being obligated are subject to the availability clau5e.' A. CONTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 68,533 1. Funds carried in from previous program year are $ -0- 2. New funds obligated are $ 68,533 3. (For codification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) APPROVED FOR THE PRI`ur-. SPONSOR DAY OF 1975 BY: Signature R �!aryin ncmaolR — City Manager Fume and Title APPROV-ED FOR THE CONTRACTOR DAY OF , 1975 BY: Signature G. Rodolfo Garza - Board Chairman Tune and Title ATTEST: APPROVED d`( DAY OF 1975 City Secretary Date APPROVED: dAM&J A46.4 City Attorney DAY OF 1975 Director of Finance _EXHIBIT -B r. TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. CETA PROGRAM PLANNING SUMMY 3. BUDGET INFORMATION SUMMARY 4. PROJECT CON- TONENT BUDGET 5. PROGRAM NARRATIVE 6. ASSURANCES AND CERTIFICATIONS 7. SPECIAL CLAUSES 8. AVAILABILITY OF FUNDS CLAUSE 9. CASH DEPOSITORY CERTIFICATE 10. SPECIAL BANK ACCOUNT 11. AUTHORIZATION FOR ADVANCE PAYMENT 12. CERTIFICATION OF ACCOUNTABILITY 13. BONDING REQUIMIENTS 14. INSURANCE REQUIREMENTS 15. ARTICLES OF INCORPORATION 16. BOARD ACTION 17. LIST OF BOARD MEMBERS AND COMMITTEES 2601 CORF MORGAN ST. [:LEA PNUUILAA1 PLANNING SUh151Al2Y us CHRISTIs, TEXAS 70405 C. GnAN'r YEAR ''• —""'" d. TYI'L• OF PfIOGItAtA 1 From To 1, CM Till. 1 1. C3 TRIG III SPa Clly,,,,,,,, •"""•,•,• 7/1/75. ( 6/30/76 rOit RCGIONAL GtFICC USC ONLY T, M Tllm II A. (-!'rill, vi -"" ---- -• � INST•tUCTIUIJS FOR L'OMI'LCTINO 'L•'C'I IONS I, II, ANU 111 - - -- •••• -• - - -• COfrTnACT KI:Y DATC RECD. Section 1: A (Total Croollmentrl Is tho gum of A.1 and A,s, D ('total Tcrmbulion]) is the turn of n.l through " LL r U.S. C (Planned En olbnontl) Is A minus U, 'Section o Tv'uL It: Enter In line (a) Ent -iUlrtents In each program activity cumulatively through the grant year, and L Una = �I,'• ;� a u: 'o o D S Its) the nGSnber of p.triiclpantl planned to b1 enrolled In each program activity al lho end of each y quarter: parllolpantt who Ut roncurrtnliy In — — C 1 enrolled morn than one activity should be. counted In each aclivlty bl which they uo enrolled. t Section III: Cntcr the cumulative number of participants in each segment to be enrolled during the ryran year, - -i I _ Participants should la count rd In at many dgnificant t Intent groups as we applicable, I. ENROLLMENT AND TERMINATION SUMMAnY - [.Hans[ -'v r.nn.rn i�„rre"n • A. TOTAL LNnOCC. MENTS 1, Cnroll, "unit T. Partlel• Pants Cvrchl 0. TOTAL T'L�1nlINA• 71ONS �gy1_Q 1 Q t• Cnlarlritl EnVoynsn 11 Dlreet J 1 1 I 0, Td act 1'IClnlr. e. Oulllnad Umolnyn,. T. Otne, POSltsvo 3, No 1, oollllvO C. PLAN14CC U•1 t1OL UJ�CNf e o lei C ^_ •?' 1 ] 0 0 1 T 7 7 Work FnluncA — +�- +� --q+�= 1 i} 0 - -i I _ _ I l 0 9 2 22 T� _I_L�?L.(S ��jl�� _L 2,71 o 0 7 I I I I J— I-1—t_ O G T 7 7 2 T'7'v al Tola CnrSflmcnls ,�.1`.AH =: 9'1 try::'.•.• -1..1 , �r�• J0, ,..1�L1I 6.1...1- A9 ..t —.L.� 50 "' � ?2� (� J—U,4. S5.. I I l� 00' —1..1 65 1 I i t 70 s- L.•1. =7.� :- 75 11. PLANNED ENROLLMENTS IN PnOGIIAM ACTIVITIES IV. .OTHER ACTIVITIES (Rafcrcnca IIFI Indlcnto othor activities or special prograrnr on attach. ' ments. Describe their objecllws and tin milossontt toward lhelf•achlevomont In a quantitotivo or narrative prosensation, A I 0 C D _ E F CLASSnOOM TRAININ On•the•JOU Training Pub, 5arvV.c Frhhlo /ma:e Work FnluncA Olhar Activl•�las Prlrrc Soon t. vac, Ed_ 11 TOlal Enl Gllmintr• 0 9 _ 7 I t I t - T� 01 Currently CnrolleO o 0 7 I I I I J— I-1—t_ _LL -1...L al Tola CnrSflmcnls 1 2 7 b1 :uncnlly Erll"Iled ! 7 [ I I I J- ..IJ..L I,•„�1 1 L 11 Total Cnrvl)mmnit 0 3 7_ I I I[ I •I t I_ _ JJ_ D) EuNOnlly Enrolled 0 7 7 —L•l�L 11 Total En ollmants 0 G 7 of Currently Cnrollyd 0 0 7 I l t l I I I I f l I I I r l 1 [ I I I 1 1 1 1 SICNIFICANT 5CGAICNTS r VETERANS_ III. SIGNIFICANT SEGMENTS GnAn1T'YCAR•T0•DATC PLAN" G 17131 0 /]1 1 d /JO SIGNIFICANT SEGMENT+" Al �~ V. e. SIGNATURE iNT YCAIi•TO•CATC [ILAN'� 12/31 7/31 G /]0 —I11 tc! 'lul b. DATE SIGNED 1 • t• '1 r 4` PROCr LI VETERANS OUTREACH PROGRAM SUPPLEMENT TO THE CETA - PPS TITLE _1- I. NULBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM YEAR TO DATE, '•f0:i'FH -YEAR II. MMER OF INDIVIDUALS TO BE ENROLLED AT END OF EACH MONTH. III. CU:•IULATIVE PROJfM EXPENDITURES BY MOJ ' JULY 30 $ 5 ?UG. 60 1,422 33T.. GO t7M ]CT. 120 22844 5OV. 150 28 DEC. 180 34266 iAM. M 39 EB. 24o 456M PWPLCH 270 51399, upail. 300 .57 ,10, LAY' Y . 330 : f° 6282 rMIE 360 68 1,STRUCTTONS I. Enter the total planned number of individuals who are planned to be served cumulatj each month. Only individuals who have been declared eligible for and are receivinj services, training or employment should be counted_ The number in March, June, September, and December should agree with the entries in Part 1C of the ' II. Enter the total planned number of individuals who will be in the program covered b, this POP on the last day of each month. Only individuals who have been declared eligible for and are receiving services, training, or employment should be counted, The number in March, June, September, and December should agree with the entries 1-1 Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals ii March, June, September, and December should agree with the entries in Part lllB of the • OUTREACH PROGRAM _ 26tlI MORGAN BUDGET INFORMATION SUMMARY G. TYPE OIr PROG11AM CORPUS CHRISTI, TEXAS •• 1. to Title 1 3. ❑ Title III 4. C3 Theo VI C 2. ❑ Title II la; I. rrrlvl ....................... ............................... 1`011 IILGIONAL OFFIC(. WIC ONLY ' —b, �•• I COVTIIACT III.Y UATC I4CCO. .O v B ti r• u . dI pv c O } .,r �- I: CN I A 1 G 1717 w 1(lll l:". U�14,1:i1L lT 101.7 212., �]S- It ?5n^f ,?'; o E. BUDGET SUMMARY COOT CATGGO0IES ' GRANT POOGnAM FUNCTION On ACTIVITY LSTIMATCO UNLXGCNCICD FUNOS NL'W OR HCVISL'D IIUOCCT 1. TOTAL b. Federal C. Non•FCW6 _ 1 ? 7 Ci, III •i d. I'Cderat I �.._1� 2 6 12j t� C. Nun•Pcu Cral A. 1. Adninistration . 2. Allowances •, ^ . G. 4. Frirs a 13cncfils I 1 a Tta l'111g 1 2 ] _ ( 4 o, servicti 1' 4( 4 n 6 I I � 7. Totals 2 16 n F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXIrENDITURES :4. 1 .b, 12131 c, 3131 d. G/-,O 1 2]! 1 2 0 ]' 12] 79 Col. I. Prime Sronsor Obli'mions C S LI I I 1 111 II �� G 1"' I I 11412 .r.. r A I I I_LI_ISf w3ic C -)D 1 I 1 16 S�L� 2. To:al Prmrncd Experduurct by Program a. Clas::oom Imining, Prime Sponsor. n "." I I I I ) 111-7111311 S7 I I I I 1 Li I. I I _ _ —LLI_ 1 11 1 13L Z'LhL_,iTl �J., -I�LI_ _''� ,= L� I I I D- IJ3f�r b. On•Ihr.Job Trainblg 12 _ I __ a ? _ _ I -1- 1'= c. Public Service Lmploymenl d. 1':ar'r. L'spcnenco t . S•:rvlces t o Parlicipants D - S J I 1 I I I I I 1 I 4 1 5 1 1 1 1 1 11 -�. '0 I 0 IC II '1 11 I I -r �Ju �C V I I I I Ilil9l� 151 I I I I6I8I5I I� L C:hrr Act Wil'O �. __ -�• 10.((1_ I 1 �I I1 :h� I_t191 ^_I]_ � 1 U I l'd.I .•I I I LL . 3. l'ro.eeted F.zpenditures for Vocational Edueallon In I 2 ] M _ Ll�.yl - -I-.�� _7 Special Cranes to Governors Special C_ 7 I 1'•• V _f 1 1 1 1 1 1 -1-1 CI_IC I I I I I 1 I I t I �C IF I I I f I 1 r I •1 hn;. clyd Exprnd,mes of Yon•Frderal Funds er I [ I I �t C 1 I I I I I I I I rIC 1 1 t I t a UI; i e:.rat li'ma's, Not m I'nmc Span:nr's Gram L. G:: nd Total • Pro;ccled IJxpenditurtt _ 5' I I 1 1 -1 11 G': I I I I II ��- _LI I I I, 1 I I�I�_,J_LI LI 111 Z (II I IJ� 11 I I - Jjf I I OI,� t' •, s- -I I I__ •'.-I I 'J].1 11 - - H I 1 >: '/ I- - o'r.' pl'111U0 CNOIIVG s-• L.••• 1J].0 1017 1 1 1 1 1 1 1. I ! I I I J]Id .I I ] 1 1 1 71 • PROJECT CO:PO:OR BUDGET F7 TITLE I /? TITLE II / / TITLE III NAME OF CONTRACTOR OR SUBGRA:iTEE: V r)A4TAT. BWNTI AMP..;M12A G T FORTIM S,^r.T +RAMS (IUTRFA - :TT PROGRAM MXTION OR ACTIVITY: The program will provide extensive outreach services, counseling and refferal s =rni coc_ Will nrnvid- asSistanca to vaterans in SBcurinc acceptance into college and vocational training programs. ALOUPiT (1) AMUNISTT- RATIVE COST: (2) WAGES- (3) TRAINING ( } FRITGE BENEFITS: (5) ALLOWANCES (6) SERVICES: TOTAL A:�iO M: $ 22,672 45,861 68,533 N B?-C',C-L)-? SUPPORT BUDGMS Cos--,s ST COSTS: b. 7,?TI.GE BE2TEFITS: 3_110 C. C.3:;S-T2LA3jE O=TC-_, SIP-PLIES: 520 d. PROGRA-M E-TA-L-7021021. e. -kCCOTTN=TG SYS=: G -moi-PLCE2MrL T272-0132-W.'LION SYSTM-1: g. ST-A= Zlk—LOOWER S=-C-ES COMMIL: L P-M-I-E, SPON.SOR PLA=G COUNCIL.- Q TRJAITL: j 3,450 k. 2£322 1. CUSTODIAL SZF--,-'-rCES. MIMIRECT COSTS: n. STIJUF T-R.Ar"MIG: 0. TEc IICA_T _A—.STSTeC4C-: m. EMER.EU-1 GIRL £: CA2MAL Il'.17zo-,F--.=. ITS - KMIQATIO'. S: t. ATJD-IT SERVICES: (Spezi») (Postage and Peproduction) -2,010 ,r. OEM: (S-jacify) (ate uni--atiom) 1,500 -,7. G-,H R: (&r! Y (:Iipioy--rs Liability) X. CTPoe (specify) Go-moemaw, and 765 Blanket awing) SUB-TVAL &2,4,79 f BACK -U? SUPPORT BUDGE (2) WAGES: a. On-Job-Training: b. Transitional Subsidized Employment: c. Other: (Specify) d. Other: (Specify) (3) T;3nurrrc a. Salaries: b. Fringe Benefits: c. Tuitions: d. Entrance Fees; e. Books: f. Teacher's Aids: g. Other: (Specify) h. Other: (Specify) SUB -TOTAL t AMOLPAT _O- -0- _O_ -0- f: BACK -UP SUPPORT BUDGETS ( ) F?.I37GE BMTEFITS a. Annual Leave: b. Sick Leave: c. Court Leave: d. Military Leave: e. PICA: f. Life Insurance: g. Health Insurance: h. Unemployment Insurance; i. Workmen's Compensation: j. Retirement Benefits: k. Other: (Specify) 1. Other: (Specify) (5) -ALLO-WANCES: AtdOUIIT SOB TOTAL -)_ SUB -TOTAL t BACK -UP SUPPORT BUDGETS AMOni -'P • (6) SMMICES TO CLZH. TTS: a. Child Care: b. Health Care: c. Medical Services: d. Residential- SuDDort: e. Assistance in'Securing Bonds f. Family Planning: g. Outreach: h. Intake and Assessment: i. Orientation: J. Counceling: k. Job Development: I. Job Placement: ( See back -up Support-Budget for :` Lam._ Services to Clients) M. Other: (Specify) n. Other: (Specify) o. Other: (Specify) SUB TOTAL $45861 GEM TOTAL EVALUATT":;: e. fICCOTP;Tll-.'G SYZ;;CF-!: Lfo. COU.NCIL; Tj T 1 L IT ilES 1. CUSTODIAL SERVICES: TIIDTPECT COSII�: STAFF TRARTIC-3: o. TMCIICAL ASST STANCE: li D L T lia, z =-, c • s POSITION TITLE SALARY PER NO, UNITS PAID -- OF TIN_ TO PO3 TOTAL AMOUNT �OUn .... NOUAS 3 Program Director x.06 $2t,2 2080 -1345000 100M 812.600 Outreach Snaeiali.st L.68 187 1 2080 52 100 +0 Outreach Snecialist 11,68 187 2080 K2 100; I 9,710 Job Developer L.06 162 2080 52 100% M53 Office l4anaoer 3.43 137 2080 52 l00% 7,113 IL TOTAL STAFF THIS PROD /COUP. T07A15 --r+ �L7,51�5 RENT SQUARE FEET RATE /50. FT. /:JO. UO. IN USE HO.STAFF USING USE TOTAL AMOUNT a. Rct)T, �rtj.[;�S �,y^atiVe 619.12 L6' 12 5 100n -1345000 b. RENT ............................... �. TOTAL f N EXFENDTTUHE GUIDELMES S'caff 1 Project Coordinator 2 Outreach Specialists -:) 9,730.00 1 Outreach Aide /Job De7eloper 1 Office P!a7ager /BookkeeperA.I.IS EXPENSES E:c.loyers Liability State Unemployment Taxes Social Security Employees Insurance Workman's Compensation Blanket Bonding Travel- 1 Staff 250 mi per wk x 52 wks x 12¢ 2 Staff 200 ni per wk x 52 :+ids x 12¢ 1 Staff 100 mi per wk x 52 wks x 12d Cffice Supplies 5 Staff ® 2.00 each per wk x 52 wks F art $237.50 per month x 12 montns 512,600.00 n19,460.00 58,453.00 57,133.00 $ 1,204.00 $ 1,270.00 $ 2,752.00 $ 2,436.00 $ 475.00 $ 290.00 $1,560.00 2,h96.OG 62li.oO $520.00 $;450.00 r. • Communications $150,00 per month x 12 months $1,800.00 Poste $ 47.50 per month x 12 months $ 570.00 Reproduction $120.00 per month x 12 months $1,44o.0o Total Expenditures $68,533.00 f f FLEW=LITY OF COSTS: Administrative cost will not exceed _ 93 n of the total cost. - The flexibility of costs between cost.catego,_es tin_ll deaend a_oa the negotiated agreement between the ?ri.=e Sponsor and the Contractor, • STAT7'HYT OF VBT:.R NIS P?OG: AC4 �':-- be. of "e +.errs to be served- 12 raonth period- Type of Pro_ -rpz: 1,200 July 1, 1?75 thru June 30, 1976 Outreach Co *.Iselin -, referral, assistance on all .aterans Administratior_ matters, funerals, job placements and develop- ment of On- the -Job Training/Apprentice- ship Programs for all Veterans. 1. 3 =rvices to be provided The proFrai will provide extensive outreach and referral services. Counsel- ing will be provided in all areas with priority on "etermns Administration natters. Peter -ns will receive counseling to ascertain what their post immediate problems and needs are in that the Veterans Outreach Program can readily assist to resolve such problems and the Veteran can return to a productive ciailian lif,. The nro�rpT vill concentrate in securinty gainful and neaningful employment (On -the -Job Training /Aplrenticeship) fer 1,20 disadvantaged Veterans with najor enphasis placed on heads of households. it will encourage the pursuit of hi?her education and provide all tha assistance necessary in order to full - fill this end. The pro�,rim will also serve as an infirmation center for all Veterans. 2. Client Assignment Standards The Vetersr-s Outreach Program will assist all Veterans regardless of race, creed, color, national origin or sex. Veterans Outreach Program has devel- oped an Affirmative Action Plan. 3• What tasks are to be acconolished Coordin =.tor a. De•,elo_ne new nethocls and coordinate outreach services with other ex- istin�; suororting a -ancies in order to effectively reach all Veterans in th= consortiun area. Anal-,ae and report on tr ?e effectiveness of the prcr;, -am. c. Assis n itin -rare trips to Counselors ait?;in the con7vrtium area in ord er tc effectively administer the program. r i le co--Ietely 'or ti-,e i-nlenentati-n of tra -ining classes to ne;s•re and -.jn-gate the proficiency of staff Derso-riel. e. Institute the guic;e-lines of oiDerptinr, procedi.res 1- ' -r staff nqr3onnel in order t� inst-re th-_ 7c3t adeo-,�Rtr effective service to the Veteran client. lis,in;, of local =nd rural eiucational 4nstit-,ftions, tr-1--e sc -Dols, union anprenticeshlF progrems, em,-10-77ent opportunities, veterans hospitals ans ad , - f-I istration offices, min f I and all loc;,l aP6 re.T!on;.,I public and private agencies to provide a co,wrehlensive supply of services. 9. Ps responsible for the distribution of all monies and have a working knowle•ge of +ne bookkeeping system. Tliq 33ounseling Stiff will a. Mnint2`n Lresent and farther develope a comprehensive outreach service throuzhout the consortium area. To provide eytensive c-utre= ch counseling ,nd referral services by ' disseminating inforn-tion regarding Veterens 3enefits. In addition he -,.-ill provide the -;steran with ZY and all other informational servic= requeste b7.• hi-?. C. MDtiv-ta "eterans to pursue- realistic field's o f endeavor, such as cortin-ration n' edec-q' ion, trade shcools or Pnoloyn-nt in mparingful break - through jobs, I)--irtic-.-lar em-linsis on the disadvantage veteran. Will Oli-nts their interest and aptitr?es for ccmpatibility -Jhle jolt va::an-ies as dv *,eloT)ed throuEhlout the consortium: 'Kill Ielo t'n,053 -.4.1,02e interests and' aptitudes are not comatible to set goals for others le enplo.-,,nent; helps individuals overcome then; assist_ c-teran -14,mts in n x.-ercc--min: C_ affect i pprson�l crisis whi e t the-r a - inforn -.,et er�ns of .11 -,-.A T-:e. efits - ssist the ',,eterans in filing, claims and ans-ering c,=Iicqted IIA correspondence. data to foznulate a directory relative to the rural and community .gelfpre agencies, . m?ljr--ent sez-.,-Jce agencies, educaticna2 systerr3, manpower training pro-grams, and other social an-I agencies. n -, I e czL�Ise -1 -1 ntztion is ho-,;s,:� n2 ass -e ;itiOnq1I duties as assigned b-, Cocrdlinato-.. _w Y 07 . f .;ill ProviOe irformation, o' the Outreach Pro••rt-.i to !.,,�sj.ne3s =n- rial area.. ..-iiii:;rize the lccs- cc-,-71,;nity the sL!7'-ces Pro!•-dek! "'Y the ..'eterans r utr--,-c" -2rc-gram. -�tlsO acquaint enPlc.,•rs ai:,.h the -,e-te--Ans OU'trePcl- Pr.-Igranf and encourui:e ther., to utilize Vat,.r.-?n for i7m—entin, an'_ 1;Jrtaini, � the -,"et ?r?rs Cttre;c Progrsl g0Z Is an4 d. Be responsible for raccrds of all reuounzes contacted C•-d ccmoie:':ent and supplement the counseling staff whenever necessary. a. Will secure Job openin-3 fcr Veferans Outreach Pr:-,;.:!ram aPD1--;-antS,develcpe and mpintnLn Employ-ment SerYice Skills Ban'-;. -4-iJrtaili � conginial- -rrkirC relzti--n with and be knowledgeable of functional responsibilities of Federal Offices, i.e., Federal contract Con-pliance Office, State Equal Employment Opportunity Office, and Derti- rent city g0liPrIment agencies. 9- `hill raPer Veterans seeking eaplo3 ^ =nt to, available and previously developed Jolo vacancies. h. Inall provide. any supportive sery ice necessary .(transLortption, lodging, - clOthin-, food) in "order to enable a Veteran to obtain neaningful and grinfUl ezmploy7rent. i. Will -.2-317tpir records on each individual -Pteran contacted throughout the consortium and will sustain an aggresive f0110;-,'--,I-q program to assure that tre 7-oterans needs are being met. Q-.en appropriate, Will participate in group counseling, Orientation and assure DOditionai vstiea as assigned by Coordinatcr. The Office -gill a. Will pir'crm secretarial and other administrative tasks as assigned. h- '-Jill answer the telephone, take telephone messages, keep files, and answe.- ;11 pertinent questions relative to the Veterans Outreach Program. c. Will be responsible for the bookkeeping and the payroll procedures 'vithin the 7-Aerans Outreach Program. .. ma'ntain a surplus of office supplies and =n ample Prnount of current "ete ran s ' �.dministral---cn fCIrM:3. e. '.:ill I•e responsible for, the reporting systems of the Veterans Outre,,ct,', Pro-rAm. g. Resrz-nsible for assuming an,,r additional duties as assigned by the Coordinator. L. ""ork a. = ollow-up on referrals a<ll be acco-.plished on: 1. r hour 2- 30 day basis 3. (,C day basis L. 90 day basis 5. 180 day basis b. Staffpersonnel will cork on an Pight (8) hours per day basis, five (5) days per veek, however on (1) staff menber will be on call at all times. One .L�ff member will work three (3) hours on Saturday. 5. How the work is to be coordinated Suppoi-F. given a. Coordinator will inform the ounselina staff anrl Job Developing staff of all resources within the consortium area. b. Coordinator Trill insure that all staff personnel are aware of 211 changes pertinent information I and need for special follow-up and outreach activities. c. Coordinator IFIll assist the 3ounseling staff in obtaining progress reports. -4. Coordinator will monitor P3.7r011 2n.d attendance of -.11 staff personnel. e. roo.-dinztt;.,r will ins•.re grocer i-,pleme-station of --6-,-anistr;.tiTe pro- cedures for the progran. Support Received stq'f jd,, Developing staff trill kspn the Coordinator irLrcra- e,,: c V ili7faily activities. --e of n1l inn-r actions jo,jns,lin-- stpff -e— t'- 'nordinntor sbre,�-t !r lh th-, onsominm :11cr. Jc�, staff will keer. th-! '�-.ordinator 4-nf=7ier! on -, daily basis of the of Jobs trrinin- o grams. ro r c. Adm-inistr.rive Procedures Jeterans Outreach Yrc raT will prepare and n;;b:.- t 'R.i . :znagevvmr In°er:rtion .�y3tPm) and Financial R,,);rts and other reports nacess,. to the ?rime S ^onsor/ Funding _ eency as required . i . _Performance itandar:'s a, To outreach and onnt:ct 2,'=00 +T- terars, placing Particular e-i,hasis on disadvnrtaged Veterans. b. To s . ^;e an-t ccuns-1 1,20C Veterans, insure xax-- nu a positive results. c. To assist 500 Veterans in �,btainin CI Benefits, to include education, com +ensation an:l n -rsion claims. d. To olnce G20 ^etera-ns in unsubsirize3 pmnlcynert. e. To )Inc- 25 Veterans in On- the -Joh TrainingcLL.a•z, /:;n,r�nticesbio f. To refer 150 Veterans to existing wanpower ;z-c r ms or other =uPportij•e sprvic °s. ;'Anitorim: arrargements The Veterans OutpAaci Program will be monitored b-: utilization of the ES Report anal other P=rtinent account'_nF, records, to include follow -up and progress report. Staffin; 1 Program ]oordirator (Full Time) 3 Outreach Specialists /Counselor (Full Time) 2 Outreach :tide /Job De�-elorer Gull Tine) 1 Officer :an:per /BookkPeo = - /'�_ (Full Time) 1.10:ZK SOIPtIEZY re =ric-n �I ;run„ . eterans Ju ;rPp: aro�r�n is ray >)ecific -71 - - - -n-d t0 ..-. i'�f n lit ^fie Snrvicps to all '.•terars. ^Lei• - -,rn.,s Cut re -'C', pn rub n r„_. =.r er: ic- _ . ,_cl: =re ho -2ded to _na:le S n ob'.a,.. er:-•lo•,-ment .,r retain -sr;lo, ent throe,,3 cost nor -1- ant : -n� o�:Plo:, mat o:' On- tire- dcb,•'. ^rsrtic s`ti^ Programs ,rill rovided = _ L•20 Veterans residirt: in t o eleven c t o oastal leg- . > ea, _rtic.lar e: _is will ^ _ glared cn the disa,i.ante"ec ?Pte. ans. .;unnortive . _-ioes (See Supplemental Services Sheet) will be provi.deai for 1,200 Veterans. Specinl consi-11=ration will be Eiven to -those Veterans that are heads of house - i:cl.s . ..ae .-terans Cutre3s`. Prc .ram will offer ra. ua- services to all econom- ic-:11v disoi: ntn.E.cd_, un -nplo ed, and underamplo -ed indi• i•;u ?ls in the 3oestal area, re, rz-dless o-' race, color, creed, sex, tee, or icn:l origin. =ccor°_in' to the 1?7.3 Census data, 56.5 p °scent cf the Cc ?stal 'Fend .re, ;ul -tier, ^5 rs o_° o or older, had less than a hi.h school education. iii` -s is a refinite emnlo;!_an_t barrier and Veterans without i high scnool rirlona will oou.^.seled and urged to utilize their ducaticna- Benefits from t:.e 'ie Brans . , _ -:nistrrtio n. In 'tin;; this the veterans Gutreach Progran o. _ld assist the Veter -n in ,ipfradin^ himself and furthnr en_1arce his future The ?eterpns 'Iutraach Program •will also assist Veteran's families by r,-oviding nilit=ry honors at Veterans funerals. The fannies will also be assisted with the prenarntion of all funeral arrangements to include obtaining "la and all other benefits due a 7et,Frac at death. Accoreinz to the Department of Labor 15,667 Veterans in the Coastal Bend area will sPPkinE m-npo-er services d:;ring .iscal Year 1976. This should in icate that ti:ere is a definite need for a progran ?such as the Veterans O'!treach Proornn, specifically desi.gr -d to assist Veterans. �•ne main Zoal of the 'Ieterans ''utrea.-h Pre�ram is to help the Veteran hP1p himself. Our office ,nil'- nro:-ide an,;- and all services needed to illivate his problems (job, food, maw `cal, fa :l; problems, marital problr.ns, -to). in efforts to place the inci•ridual in a position where he can eventually help hinself. The '_t =rans Outreach Program has in the past and will continue in the fu-'-,:re to w.r_,. .oncurrertly srith other, existing proc;ra_ ^u to ^ake sure that the V,27eran receives uh ^.tearer assistance :_e or she needs. Also the .'eterazts : ;:`. =.ach °rc,r. =• is gearen to assisting all 7eterans in areas not covered by Veterans Service, Officers, emnloy- office=_, Veterans .. ^niristr::tion _ _rs ani all e:,istinK sgencies. 1 i531.'L,^,?S 3IF7T ::anoower 1. ^utrs i 2. Snta' and 'ss =ssm -rt 3. ?r_ent= ion ns -lit,: K. Job Develooae .t 5. Job - jcenant 7. Trans-ortation �. 'upporti.ve Serri•cez 1. mealy. Care --id .:edical Services 2. Housin :- ssistarce 3. F2n'1f Couns =lina h. Marital Counsel :r� Other Services Provided 1. Funeral lrranle -eats 2. iblitarr and Veterans Outreach Program trill honer at funeral. VOP 1211 post flags around funeral site. 3, Will provide fcod for Veterans not elii•ible for food stamps. rood will A o`.::ain from r-r'_c_s n,!,a- prcfit organizations. h. ..ill 'ill out I'- Forms for hospitalization, Outpa -iart treatnent, pension conn?:Tsa ion, diental b+ nefits, educational harefits, On -tha -Job Training, in-4 =:r' other :_z ;orns. .7=terans =•ill be counseled in what actions to take in certain -'A sit ations. 5. ::ill :. =s li ?_sot. b -twesn +-eteran and City utilities, CPL, Telephone `veteran s - '_flu ^ On payments. ' ^ter. rs l :t can i ?rogran =.•)411 13z;i.st by :aorkins out an agreez;ble p:.y-r nt plan b>t ;wen ?oth parties. ;ill ssist i'et_rans see:cing medical assista : ^e. 7. -:-cviJe assistance to families cf 'Veterans -,iith pr;schj---tric %..j-:Ll counsel Veteran in efforts to get 'Veteran. to take his me,'ication, obtain treatment, seek hospitalization or any assistance tae lanily deems necessary for the wal—fare of the 'veteran), *.-.'ill assist Vetermn.: in recei--,---*!i; their VA Educational checka. (:Ibr-3 times than nct a Veterans 7,i F�duzation-1 check arriv9s late and, therefore nuts him beM-n-" on his hills. Veterans Outreach PrOLr;va will inter-,ene to -,resent Veteran fro.fi losing, his house, automobile or other p-rsonal effects. V H 6 A K 1 6 A '1 i 0 N A L C H A R T AMERICAN G. I. FORUM VOP Local Advisory Board PROGRAM COORDINATOR OFFICE MANAGER OUTREACH SPECIALlST OUTREACounselor H ECILIST OUPREACH SPECIALIST Outreach Aide Outreach Aide JOB DEVELOPER -j JOB DEVELOPER -.;Ill plzr, qn� pr,)��rnm. to nroviap assistance to --e --ill nmint J 1 aisw -It- usir-es ill ­,��terprs in the Ccns),ti,,2-.. Ci-iic P.rd otter -)rzinizations tr Jp-relopa, S- r.14 C_ ,.ept jee,;s rr. I-,,erqs-,L or cli --terpr.s. prepara*ion c,-' phan-ilets, rosters nq-..s ;-r.-' !.-�IevisiiDn s�,ripts in o----r to inform th- ---13 Of 7h:� serlic-s 3rc%-ir.,v by the Veterans Oetre,ch Pro; ram. He will orzan7C, ::oor-I-.Inate., for-a-ulate, and, f--in"i-7r.nt r.clicies, establish -aroced-ures controls an•i services relali-..,- to the various nhcs-?s of his office. !-e is rps-onsi*•- 'or nanneriai Pnd direct sux3rvisim of ' k -� 3or�pis �'hriati Veterans Gutr,—.ch Program. HP All w r ILnji-r un-iral guiis,Icc of tha 3orpus 31-Iristi Vetprans Dutreach ProgrAn Ativis c �,n3 the City Office. 'Lties Ord -s ,-,nsi)-LI4 -Les 1. Imp.Fes super-is-,- the -c-v,:s -'bristi -.'etRrms Outreach grogram and it's staff. Z. Will bp directly ras o s—A-i 'or the overall sucess of the Prop an, Pn4 have - wcr:d-ns knowledge of the follo-•m•: The Veterans Outreach grogram s.7stem t (b? Iff3 (:IRnaF,-!nent information ISjstem) - statistical breakjown of ible Veterans receiving services by the Veterans Outreach FroFram. (c To nnc fo)llo• nod-r,-telv coral =x ornl apt. written instructions, -m� to con-osp comz!lex works S-t-an :I jc,b referral s-xst-.-i --ill be res4c..-sible to set--,7,3 an up-tc---fte counsel-L'I., s ys e.m (f',. -,.'ill ha,.e 9 co•ipl-te kn.owle:i-.e of -.'etar;;-n-3 C)utr!!,ch ?rogram f'4 linE SVStel.13. 3. Ls` =blish office pr:)c-ciures anc' c-,rah:cts period Jt� - - n st::f-:, 'o insi,re 2 Coo, m-rk Flow,. rss�3-.slble for the :4 stribut; - of all, ^:onies and sirp.L-1- of all official --orrcspcnIenze. 5. n.iriodic visits withi:-i consortii-,-a area to evalu.;It• the aff•,cilvenass of tl,a outreach efforts. 6. cl---s3-?s :-cr ccunsalors ._._ :rogrma per3oflmel. - -I/ f, 7. .4.11 :m-lnt•iin v in :­r-.-ice triin_nj: =Jr C - unselors and ^rct r.m. S, resnorsihle for coordirct:r; outreach se? —vices with nther e ,-is.inl, supportfn, a_encies. .ii. iai�u^a du; '_i-on and =xaerierce ' ack round _ron =n -_,ed anll With extanri,e of the va,_o ,r es ac... - =sty tic, _ ran . _._ :^ t _...-re t ;_ree :;ears ex7eriencejin t`:e Meld of ...nvo::erVn2ninistratioa or closely relate: field. He -last ;.ase at least three years in education c unselino. lip m:st ? ,)le t, internret and sppl:, statutes and regulation pertinent to the succ =ss'ul adainietr -tion o_ the . "eterans Gutre -ic °ronr,.:; to make decisions and delegate authority; and maim it =riecti.e staff control. Jo'? ?xnerierce ^a; he substituted for ecucatic:? on a year : '3r ,pe_r Iasis for a raaxim,?m of four years. f: • JOB D 3,'—I._jIT'IO.7 C•l•:a'AJH 6P?- =1ST /JJ ii3'LG:•' i. tdor'; .iLm ^ar.Y The Outreach Specialist /Jounselor shall ^e resp-3nsible to th. Program Joorinator, .;ho is the overall administrator. He will be up to date relatie, to procedures rules and regulations as stipulated by the Veter: ns Administration. lie will collect, organize, and analyze in- for ation about 7,Teterans through records, = ntersr'_e:as (counsalirg and assistment) and other professionslsources, to appraise their interest, apptitu.les, abilities and personal ch „racteristics in efforts to up- grade the Veteran in education and job placement. He will conpile anc study occupational, ed,:cational and ecoromic in- formation to aide SetPrans in making and car ,gin._ out Vocational and edur:? +ional obj- ctives. T1. Duties and Resnonsibili 1. To familiarize all Veterans with the serric -s provided h -; the Veterans Outreach Program. 2. To identify returning disadvantaged Veterans in the Consortium area who are in need of V -teran Outreach Program services. 3-_ To incorporate ant coordinate the services of all available resources ” in the communities for the purpose of providing assistance to all Veterans. 4. To provide extensive outreach counselin.- and referral services by c issemin ling information re,.arding ireterans benefits. fr. addition he will provi;ie the Veteran with any .d all other informational se:iice recueste6 by him. 5. 1•lill connliment and supplement the job ceveloping staff by assisting in placement of Veterans in meaningful and gainful employment. 6. '..`ill maintain records on each individual Veteran. contacted throughout the ^onsortiur nna. will sustain an aggressive follow up nrogran to Ps-ure that th- Veterans n ds are being net. 7• iffiare space All be cbtained in numerous t-y cities throu,Chout the consortia -i and counselors will maintain regularly scheduled visits. .; ounselors -ill b< required zo sub..-at a tyce-4 written re^ort of all trips to 'onsortium. 3. To " ^-ntifg zno c rapi'_e a dire ^tory of all rural aa:i cam. nit .;el"are ,;envies, a1;nn.ies, educational systems. mpnpo:•rer trainin pro rams Rn.i other social any go ^ernm ^t =1 agencies. 9 He will p:ovide rTnitiple s_- =s to all 'et -grans ....eded (See 6::p;:ortive Services )beet). ni�ur, i:ducatior., =x-)erie and ^a:kgrc: The Outrenci shell ho a Cry- In accred- ited college or uni ersit:, vith , oeg ren in the sa:`_ni sciercp-s, - uc _ .ion, counsel ir„ or some ct..cr comnselinF rel _ ..e'_d . . — perienr.e -na,- bg substituted on a : ear for year b--34_s tc a cf four ;years. The Outreach 37ecialist /3ounseLr shed 'a= bilinwual and bicultural ani experienced in the counselinE field. A :•:orking know- ledge of social ani econonic problems encounterez by tac imemployei is nec- ssary, as well as a fu^.cticnal knowledg- cf cultural differcnees. The 3ounselor should be active in co-r:unit-r affairs ari should have the ability to cc- muricatp eff =cti *rely with the public at all levels. Will na.,o a t,vnina skill of nurimu^ of 30 ;aor?s per ninnzte. t ?Og D3- '17710' �i: 41D? /JOB OI:r LLjD,? Joy ie.el _;; Zh:,ll Le to the :rc;rs7 :oor:iator, u.o o. Jt:te ra :ice i11. .11=ct 4n-' : �e end _.aioNe oocd:.ratinral dt.._ r^ jn , jc'o eu,=.;. icetiors, and Close Ueen ift-_' Teter :mS i'a �'.'a =1�` _'rc €r =... _ the ..,� =.es:s 32cticn 1=!Tt %,e conruait,; and t C ? ' 9urrolL. ding 'dreg. Ee .:-VII edC6n2•a_-e tre area iridust y to utilize 7eteran applicants and encourage the _male axs to _st: lis.z equal emplo,r..ent opportunity nrogr? °.s i.•dithin their fir..ru. ,T. Duties and Fes ^Cn ;i °li litie 1. To Fa*_ni.liarizo all Veteran :rith the services prosided b.; the Veternns Outreacr Progr,,n. 2. Provice i. _„_ration of the Veterans Outreach ?ro ;ran: to business ...c.. _ndustri?l area. 3. ?a:.11iariz- the local co.-tunity kith the services provided by the Veterans Outreach ?rogr!,n. also to acquaint easlo «ers with tre Veterans Outreach Progra.: and encourage theist to utilis. - eter,,m fit. maintain a conginial corking relation Frith and be kno:aledgeable of functicn 0 soonsibilities of Federal Offices, i.e., Federal Contract Cormliance Office, State r^qual Fmploympnt Opportunity Office,, and peertinent city government agencies. 5. ?e responSlbl9 for al *tt37.n_ records of all resources contacted an' cc.aPlenent an.i su:J01e1-?ent the counseling staff chenever necessary. 6. !rill secure job open-i.^ for Veterans Outreach _rogram applicants, de•ielope and naintait Cngloyrtent Service Skills Dam-. i. Job Developnent staff i-ll c_•ovide any supportive serrice necess -ry (t ansportation, lcdS n,, clothing, food) in or: =_r to enahle _. .ete_,n to cctair. reanint :ful and gainful e:- tr.i3yne. ^.t. . He rill pro i_:e services t„ ^11 Veterans 'hen nseded (nee Su-: ^.orii're ?. 111 ..mint --.ir rccor, or. -_ch irdivi'jucl `peter. cortac*ad throu;-tiont ^„ S,st. ']n a°r essiv_ th:;t the •at ?r. ns :!pea's ^•re hpl --;c- :net. jTj. 'ELniium -,,4i:c,-tion •nd Zxz-rience 3nCki7rO'IPC Grac ua from an accre-iite6 coliegs and preferrably,with e77�-!.-ienca in Person-al, T!elfnra, enploym—it nublic busiress coii-^.ct, or rel,-,Ieq N-Ie.s that would involre public; ccrtmQt. .,;.e.- must have Of the local in}, -iirk-A any economic �ie .ho•.,1-1 bilingual and be Phl- to 00;;Imunicats with the bilingual con-nuni-ty and all types of businessmzn. ::xperi-mcc may !-- Suhstituted on r ye� ' r for year basis to a of fol;r years. ',,'ill have a typing skill c�' nininusi o-F 33 uo•;s per :-Linute. I. II. JOB OF OF ?I•'r 3•i 't(A "�[�/v00'r.; -':P`i ?/:LrS !ork -,urmary Perl'ormc various types of seer ^tarip7. ;aork, openint end clos inZ 211 routin,i mail, recai ins• visitors, nns.iering the telephone and taking telephone n.• >.ssa.-es, keeping files, assemblirj: and organizing material us'd I•y the ProFrzri Coordinator in completin_; cork = ssi;;nments. idust be conpl,i.ely knowle ^geable with the Menage n -nt Information System (NUS). Nust have kroaledgp of the financial ^atters. Duties and ?es•)onsibilities s Types correspondence, articles, reports, snecifications, manuals, :.nd le €al documents, and minutes on General or technical subjects. Opens and distributes mail, assembles related material fc , use by the Prograr Coordinator in answering mail; answers routira in:uiries requiring minor interpretations of laws, rules, and regulations of the Veterans Outreach Program. Serves ns receptionist, makes appointments, answers questions of public on the Veterans Outreach Program, assists veterans in filling out forms and applications, makes up special reports, forms, and srN cries at the request c'_ the Program Coordinator, frequently checking against a variety of records in order to secure complete and accurate information. Will Maintain an adequate amount of office supplies and current VA Forms. Responsible for inventory of office equipment and supplies, Will operate calculator, typewriter, reproduction machine, and other office m;,^hine.s. Will maintain the Administrative filing system. Will mpintain the Bookkeeping System which consists of the following: 1. Computation of employees payroll 2. TJDin ::p of all checks 3. Ipeepind, of cash Disrerse^-�nts Journ,l 1., Computation of taxes pn -,'able 5. Postint; to the General L:dgers 6. _:nkirf, tFe Trial Balances 7. ..'-faking the Bank Reconsiliations r" N 8 ommile statistical information and formulate statistical repo.-,Fs revpl�nt +o Via '.*ater.=s Cutreacn Propr;;m functions and for--;ard to each respective agent,'. The reports are as follows: 2. !onthly Characteristic Reoort 3. "(,nth!-,r Procra3S Reports Quarterly Prop-ress Reports 5. Quarterly Tax Reports TrI. Minimum Education and r,"-riencp background Grad,-,ate from an accredited high school or GEED and should be a full charge bookkeeper. Have a workin knowledge of business English, spellirg, punctuation, and arithmetic To type accurately from plain copy at a rate of $0 i-.,ords per minute, to maintain denartn—ental clerical records and prepare reports, to make mathnetical computations and tabulations in-th soeed and accuracy3 to compose routine letters and merioranda without dictation, to understand and folloi.! •,.,ritten instructions, to assiEn, supervise, and review the work of clerical subordinates, to make minor decisions in accordance With laws and regulations and apply then to work prohlems,, to establish and maintain effective work-ing relationships with otter employees and the p-Lfc I i c f, ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -2n3, 87 Stat. 839 and P. L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95. and Federal, Management Circular (FMC) 14 --4 'and 74 -7, as those circulars relate to the utilization'of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act.. 2. The applicant further assures'and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director- for- Manpower (ARDM) within 30 days after promulgation of the- amendments or revision that it cannot so conform, so that the ARDM may take appropriate action including termination, if necessary. 3 In aaa;tinn to the requirements of 1 and 2 above and consistcnL - with' cbe regulations issued pursuant to the Act, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action has bees duly adoptecl or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such. additional infor- mation as may be required; 19 b. It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 88-354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded From participation in, be denied the benefits Cr' or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USG 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program - participant or any applicant for participation in. such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712)_ e. It will comply with the requirements of the provisions of the -Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f_ It will comply -with the provisions of the Hatch Act which limit the political activity of employees_ - g. It will comply with the requirement that no program. under . . the Act shall involve political activities (section 710)_ h. It will establish safeguards to prohibit employees from using. . -their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family; business or other ties (section 702(a)). i. It will give the Department of Labor and then Comptroller _ deneral, through any authorized representafii -a, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(2))_ t j. Participants in the program will not be employed on the construction, operation or maintenance of that part 6f any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the appilca:zt (section 703(4))_ m. Provision of appropriate workman's compensation to all partic- •ipants in on- the -job training, work experience or public service employment activities and appropriate insurance for all partic- ipants in classroom training, *services to clients, or other activities (section 703(6)). n. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds is connection with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - emplayment training, unless immediate employment opportunities are available is that occupation (section 703(8)). p. Training and related services will, to the maximum extent ' practicable, be consistent with every individual's fullest ) capabilities and lead to employment opportunities which -will enable participants to become economically self- sufficient (sections 703(9), 105(a)(6)). q. Institutional- skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reaso nable expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible applicant's grant (sec. 703(11)). f s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lo:v income persons for meaninbful employment opportunities (sections 70' (12) and 311(c)). t. The program :will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and: other policies as may be necessary to promote the effective use - of funds (section 703(14)). s v- The program manes appropriate provision for the manpower needs of youth in the area served (section703(15), andwiU. - as! Lure that' -I (1) Individuals receiving training on the-job shalt. be compensated by the employer of such rates, including periodic incre=ases, as maybe deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate.less than that specified in Section 6(a)(1) : of the Fair Labor Standards Act of 1938 or, if higher under the applicable State or local m nimuni wage lavf (section 111(b)). (2) Persons employed in public service jobs under'this Act shall be paid wages which shall. not be lower than " whichever is the highest of (a) the minimum wage which ' would be applicable to the employee-under the Fair Labor - Standards Act of 1938, if Section 6(a)(1) of such title - . • • . applies to the participant and it he were not exempt under section 13 thereof, (b) the State or local minimum -wage -- for the most nearly comparable covered employment, of (c) the prevailing rates of pay for persons employed in similar public occupations by the samer employer (section 203(a)(2)). w. It will comply with the labor standards requirements set _ out in section 706 of the Act. - x. Services and activities provided under this Act will be administered by or under the supervison of the applicant (sections 105(a)(1)(B) and 205(c)(1)). B. Additional Assurances for Title I Pro�rarr_s In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of in5ntutional skill training vri1L be designed for occupations in which skill shortages exist (section 105(a)(b)). 3. The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of.the Act (section 105(b)). 4. It will make such arrangements as are prescribed by rzoSivtical ` to assist the Secretary in carrying out his responsibilities ..ade_ sections 105 and 108 of the -c *_•(section 5. Saecial consideration will be given to the n --d4 of eligible - disabled veter=ans, special veterans, and individuals who served in the Arned Forces and who receive other than a dishonorable discharge within 4 years before the date of their application. Each prime sponsor in selecting participants for programs funded under Title I of the Act, sha11 take into consideration the extent that such veterans are available in the area. Specific e ffort should be -made to develop appro- priate full or part -time opportunities for such veterans. _ s " - The prime sponsor should utilize the assistance of the Stata and local veterans employment service representative in formulating its program objectives_ On a continuing and timely basis, information on. job vacancies , and training opportunities funded under Title I of the Act shall _ be provided to the State and local veterans employment service representative for the purpose of disseminating-information to - eligible veterans (,ection 104(b) of Emergency Jobs and Un- employment Assitance Act of 1974). f C. Additional Assurances RelatinG to Public Service Emplo;"mcnt Pro_r:crns For public service employment activity, the applicant further assures and certifies that: 1. Special consideration will be given to the filling of jobs which provide sufficier_= prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide particip=ants with s': Lls for which there is an anticipated high dernand, or (3) provide partic =pants with self - development shills; except whe_ e exempt under the provisions section 604 or the Act, provided, however that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(3) and 604).. Z. To the extent feasible, public service jobs shall be provided in occupational fields which are most li.ke_y to expand. within the public or private sector as the•unemployment -rate recedes, _ except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604)_ 3. Special cor_si-leration in fiuiag transitional . pUVAr - service: jobs will be given to unemployed persons who are the most severely disadvantage in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the Kirin.- o_` any person is on lay -off from the same or any substautlaiiy eauivaleat job. (�Llioa 20` (c }(7) }. a No funds will be used to hire any p erson to fi1L a job opening � created by the action of an employer in layin.- off or terminating _ the employment of any other regular employee• not supported under 7 the Act in anticipation of filling the vacancy so created by hiring ' - an employee to be supported under the•Act_(sectioa 205(c)(8))-.. S. Due consideration will be given to persons who have paxticigaEed- in manpower training programs for whom employment opportunities would not be otherwise immediately available ( section Z05(c)(9)), •6. Periodic review procedures established pursuant to section Z07(a) - of the Act will be complied with (section Z05(c)(17)). '. 7. Agencies and 1nstltutir)ns to Whom financial assistance is n)ade available under this title have undertaken or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, revisions of qualification requirements at all levels of including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment those whom it is the purpose of the Act to assist (section 205(c)(18))- B. Where appropri=ate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue work m vrith the employer, in the sae or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain. work in other fields (sections 205(c)(19) and 603). 9. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, hilcuding opportunities for the dis- advantaged (section 205(c)(21)). 1o. Not more than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the 'Secretary . may waive tills limi+aliaii iii exceptivaal circum stances- (section 205 (c)(22)). 11. Jobs Will be allocated equitably to local governments and agencies i taking into account the number of unemployed persons within their' - jurisdictions and the needs of the agencies (section 205(c)(23))- 12. The jobs- in each job category in no way infringe upon the promotional opportunities which would otherwise be available' to persons currently employed in public service jobs not sub- sidized under the Act, and assure that no job Nvi11 be filled in other than an entry level position in each job category '• until applicable personnel procedures and collective bargaining _. agreements have been complied with (secti:oiu 205(c)(2 4)). 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(25)). ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (ADDRESS) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED N_9ME MD TITLE OF (DATE OF APPLICATION) AUTHORIZED OFFICER) Y ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (ADDRESS) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED N_9ME MD TITLE OF (DATE OF APPLICATION) AUTHORIZED OFFICER) e — t SPECIAL CLAUSES TABLE OF CONTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION... ....... ........................ ...Page 2 3. CHILD LABOR ............... .........:.................Page 2 4. EQUAL OPPORTt ITY CLAUSE .. ...........................Page 3 5. TRAINEE OR ENROLLEE WAGES . ...........................Page 4 6. TERMINATION OF TRAINEES OR ENROLLEES .................Page 4 7. TEF901INATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIERCE ..........................Page 10 9, CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10.- LISTING OF EMPLOYMENT OPENINGS ......................... Page 13 11. DEVIATIONS ................ .....................:.:.:.Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCOirMCTING ............ ...........................Page 16 14. COURT ACTIONS .............. :.........................Page 16 15. ORDER OF PRECEDENCE .......................... •. ....... Page 1T 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase-or decrease in the Contractor 's /SubgranteeIs cost of, or the timer required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allawed for any costs incurred more than _ 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor 's /SubgranteeIs claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. k f. No claim by the Contractor/Subgrantee for an equitable adjustment' hereunder shall be allowed if asserted after final payment-under this contract/subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor/Subgrantee from proceeding with the contract/subgrant as changed by the Prime Sponsor's Contracting Officer in 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/Subgrantee in (b) above, re- sulting froin an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCPJ24INMON 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,' retirement 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 maxim;LmL age limit for such employment unless the specified maxi- mum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 3. C= LABOR No trainee or enrollee under 18 years of age will be employed in any..' occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. 4. EQUAL, OPPORTUNITY CLAUSE During the performance-of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any emplbvee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or'other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post is conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements.for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers` representa- .tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comely with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized _.el in Executive Order 11246 of September 24, 1965, and such other sanctions may -be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the•procisions of paragraphs (1) through (7) in every subcontract or purchase order unless'exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a- result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE. OR ENROLLEE WAGES The hourly wages paid to enrollees or* trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including. any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. -Any minimum rate applicable to the enrollee or trainee as required - under Federal, State, or local laws if it is higher than that stated in Item Number 1 above: 4. 6. TER=ATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and - consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a•collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract / subgrant, the Contractor /Subgrantee and the•Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract / subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer to agree in whole or in part, as pro— " raided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor/ Subgrant ee for the performance of this contract / subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of , or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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 / subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection - with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractorrs/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee Payable under the contract /subgrant determined as follows: (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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of 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 claim 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 of the date of execution of this contract /subgraat, 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. M (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require; which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting ' Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, - drawings, information, and other property which, if the contract / subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract / subgrant for the cost -of which the Contractor /Subgrnntee has been or will be reimbursed under this contract / subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor/Subgrantee under this contract /subgrant or shall otherwise be credited, to the price or cost of the work covered by this contract / subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; f. 7. TEPMINATION a. The performance of work under the contract /subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: a (1) Whenever the Contractor /Subgrantee shall default in per- formance of this contract /subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the 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; (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor/ Subgrant ee, there shall be paid a percentage of the fee equivalent to the percentage of the completion of work, contemplated by the contract / subgrant, less fee payments previously made hereunder; or (3) In the event of the termination of this contract/ subgrant for the default of the Contract or / Subgrantee, the total fee payable shall be such proportionate part of the fee (or, if this contract /subgraut 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. (£) 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor / Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor / Subgrantee, applicable to the terminated portion of this contract/ subgrant, (2) any claim which the Prime Sponsor may have against the Contractor / Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor / Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the f contract / subgrant shall be equitably adjusted by agreement between the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract /sub - grant. I (i) The Prime Sponsor may from time to time, under such terms and + conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be' within the amount to which the Contractor /Subgrantee will be 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 /Subgrantee's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. k (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. TERMIPiATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a'should this contract / subgrant be fo:� experimental developmental or research work and the Contract or/Subgrant ee 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- formance 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 (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /su$ grant whenever, in the opinion of the Prime S ponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total Of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such, demand. -(g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting items Officer, such information and which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially, completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired fa connection with the performance of,the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of. the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to 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 5 direct. l di ponsor's Contracting Officer may Pending finasposition of property arising from the termination,,, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9• CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 _ and parts of Paragraph IV, applicable to construction procurement. - the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification sha11 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 tex7idnation claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, bait 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 ALLOYTABLE COST, FIXED FEE, AND 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 Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contract or/Subgrant ee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon 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, the Contract or/Subgrant ee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount. to advise the State system of subsequent contracts. The Contractor may advise i the State system when it is no longer bound by this contract clause. (e) This clause doss not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply -• . to a particular opening once an employer decides to consider applicants outside' of his own organization or employer -union arrangement for that opening, (g) As used in this clause: .(1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproductmu =: plant and office;,labor.ers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment Of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer - union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the'Federal -State national system of public'employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies)-, and includes any openings which the Contractor proposes to fill from regularly established "recall" or -"rehire" lists. (4) "Openings which the. Contractor proposes to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons. outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. t� 10. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for o $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 emplcyment openings of the contractor -which exist at the time of the execution e, this contract and those which occur during the performance of this contract, including those not generated by this contract and includir_a those occurring at en• establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs end to provide such reports to such local office regarding employment openings and hires as may be•require�-: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contras cr from any requirements in any statutes, Executive orders, or-regulations regar =g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, b:_t not be limited to, periodic reports which shell be filed at least quarterly wi:h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Such reports shat indicate for each establishment (i) the number of individuals who were hired during The reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 dEFS after the end of each reporting period wherein any performance is made under t'---'s contract. Tae Contractor shall maintain copies of the reports submitted unti_ =Y.e expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized re_=esentatives of The Contracting Officer of of the Secretary of Labor. (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in eszh State wherein he has establishments of the name and location of each such esta-- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need I/ 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any" dispute concerning a question of fact arising under this contract / subgrant . which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy, thereof to the Contractor /Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from.the date of receipt of such copy, the Contractor /Subgrantee mails or otherwise furnishes to the Prime - Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for ; the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous &S necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor% Subgrantee shall proceed diligently with the performance of the contract/ , subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law ' questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed - as making final the decision of any administrative official, representative, or board on a question of law. 13. SUBCO =G _ 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. 14. COURT _ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) "Veteran of the Vietnam era" means a person (A) who (i) served ?� on active duty with ilia Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,,or (ii) was discharged or released from active duty.for ae=-plar.ec=atcte3,13isatd lity if any part of such duty was performed after August 5,•1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first -tier subcontractor) has failed or refuses to comply •r_th the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative'at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetera ==' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the ter_; of this contract end the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations-where the needs of the Government cannot reasonab3,y be otherwise supplied, where listing of 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. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted . in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12t, per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 12t, a mile car allowance for all authorized travel. 6. POTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. June 2, 1975 7. MOTION: That no contractor exceed 17% for administrative cost. B. AMENDMENT TO MOTION 114 (6- 17 -74): That all out -of -area travel for any program have clearance by the staff. AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed.in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTACIL`W \T A - Paragraph 3 The undersigned hereby certify that: ''Any moneys advanced to One State or local governments tinich are determined to be public moneys (ocmed by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for In 12 U.S.C. 265. Bank name mrjpc'rq wmrrTC=T 12 ! FOY TCf;TNT. PRFCmFt� ( Signatur June 17 1975 (Date) ROY L. CrITNT (Type dame) PRESIDENT (Title) Name Amn „ r. T F-1., G Thidnlpb nn—n, A+ Chn-Irman (Signature) (Date) G. RUDOLPH GARZA X.I. (Type Nam_) American G I Forum YOP Advisory Board Ohairman (Title) �J AGREEMENT FOR SPECIAL BANK ACCOUNT The American GI Forum Veterans Outreach Proubereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and Nueces National Bank a banking corporation located at 1431i 6outh Port St., Corpus Christi, Tex 78405 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 7/1/75 between the contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Veterans Outreach Program Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265)• 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or -claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable tines and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Ban's Account. f reo:ieys deposit in the Sjecia.l. Br-�'_t wcccecnt -republic :�-_�s subject to the requirements of Title 12 Section 265 U -S -C- The a2;reea to t2 :e all necessary ) E'25UT23 to qua-1 iay with the Secretary of the Treas'L, --y as a deposi'tar7 of public money and to deposit satisfacto-y security by the ce_:3sit of United States bonds or othersrise, for the safekeeping znd pro -?t of the aforesaid P12elic noneys as required by the regulation of the Seczet= o= the Treas; -fir and Title 12 Section 265 U.S.C_ 1`I WT_Tii-ESS I.MF,O , the Parties hereto have caused this zgreerect to be executed as of the last day of signing set forth belo:r:. Bfit"C TFS BANK COL- nL require`]., based tpon esti -. T MML BANK mn --dmim ban oalance, (excluing FDIC co%Z: �DATS of $40,000 ". is $ 28.533 6 -17 -75 SUM I N I NI KPLU L Vh uv, :GuAILM DATE SIGiil�UttE D_ "?E 2iFtw TYP% P(APP . G. RMOLPH G-ARZA JR. � TI-TI-3 Chairman, American G orum Lacal Advisory Board We AUTHORIZATION FOR ADVAPICE PAYMENT An initial advance payment to the contractor in the sum of SS -900 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the malc lug of such advance payments without interest is in the public interest. RETENTION OF FUNDS PRIOR TO AUDIT - Payment to the contractor of the final two percent (27) of the total grant, not to exceed $2,000, will be reserved pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the audit. i CERTIFICATION OF ACCOUNTABILITY J Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act naintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary - information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chie Financial Officer Check if one has not been appointed or designated. G. RUDOLpH GARZA, JR. Chairman, American G1 Fo-rum Veterans Outreach Program Advisory Board S. Are you Familiar with the Department 2. will the Accounting System be directly maintained by you? Q Yes EX] No (If No, who will maintain the account- ing system? Name and Address Veronica Ramirez 2301 Cleo St. 11 Yes ® No 4. Description of your. Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) the financial accounting system will be a manual system. It will contain a Cash Receipt, Cash Dispersments Journal, General Journal, along with a General Ledger, and there will also be Monthly Budget Comparison Reports. USE CONTINUATION SHEET IF NECESSARY CEP,TIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code G. Rudolph Garza, Jr., Chairman, American GI rorum Signature I Date of Execution 1! 7/1/75 4�r' BO_`9I_:G 1. List of persons authorized to sign cheer or withdraw funds from the Special Ban's Account. 2. copy of Bond covering those persons. COMMERCIAL BLANKET BOND R- -d to Moy. 1957 SECURITY INSURAIINCE GROUP HOME OFFICE: 1000 ASYLUM AVENUE HARTFORD. CONNECTICUT 06101 Coverage .s :• ;nded in '.0 1. SECURITY MSURAiICE COl1PAhY OF HARTFORD E— Company de i a'd by 8ur5: 4. THE FIRE AND CASUALTY COMPANY OF CONNECTICUT A Stec'- Corpany (hare - called the C':erwriter) B. THE COtiNECTICUT INDEMNITY COMPANY DECLARATIONS BOND No. 046139 ITEM 1. Name of Insured: Ar erican G. I. Forum Veterans Outreach (herein called the Insured) Principal Address: AAERICAN G. I. FORUM VETERANS OUTREACH ITEM 2. Bond Period: from noon on ;DULY 1, 1975 to noon on the effective date (YDMTH. DAY. YIAR) of the cancelation or termination of this Bond, standard time at the Principal Address as to each of said dates. ITEM 3. Limitof Liability: S 25,000.00 - itrenty -Five Thousand and no /100 Dollars ITEPA 4. The liability of the Underwriter is subject to the terms of the following riders attached hereto- 0 �- 34pOb– Excess Indernity Rider ITEM S. The Insured by the acceptance of this Bond gives notice to the Underwriter terminating or canceling prior bond(s) or poliry(ies) No.(s) such termination or cancelation to be effective as of the time this Bond becomes effective. Security Insurance Company of Ea Ord �Secreta'� � , President Countersigned by B. J. O' araA..4t.tr�:.— ct , 5„']o INSUFL4NCE REQUIRI---MN—LS Copy of workmen's compensation policy Including persons covered or similar type of insurance for same purpose. �3 i ran u •••,a • ,u. f,a , —.... ._. ....... .. ..•. ...... �.......��......... .. �, ._..�.. ... ....... u 'the below numbered GENERAL LIABILITY— ALrrOMOB1LE POLICY prr r�zreef, completes ­ o SECURITY INSURANCE GROUP Advance Premiums SECURITY INSURANCE COCAPANY I OF HARTFORD DECLARATIONS S THE FIRE AND CASUALTY INSURANCE $ d' —Coverage Is provided In the Company designated by tlumbar COMPANY OF CONNECTICUT LJ 6. THE CONNECTICUT INDEtANITY COMPANY flE:1 ' PS.L'AAL OF POLICY NO. GLA 45-8 ft —7 4 S Item 1. Named Insured and Addrpcc- (rto., street, Town or city, county, state) Automobile Physical Damage Insurance (Fleet Automatic) AMERICAN GI FORUM VETERANS OUTREACH PROGRAM S - 2607. h10RGAN ­ - CORPUS. CHRISTI, TEXAS 78408 Item 2. Policy Peroo: (Mo. Day Yr.) S - From 7 -9 —75. to 7 -1 -76 Owners', Landlords' and Tenants' Liability Insurance 12:01 A M., standard tine at the address of the named insured as stated herein. The named insured is. ❑ Individual ❑ Partnership ❑ co :poratlon ❑ Joint venture ❑other: Non Profit Organization Business of the named insured Is. Audit Period: Annual, unless atherwise stated, to.rn..a.o�) .�_ --------- ----- P,,,,e. Duffel indir lid hu <n ifi, nmmipm rharapra) Advance Premiums Coverage Part Hills). Co•reragePartls) Advance Premiums Coverage PartNa(s1. Coverage ParHs) ns g S Automobile Medical Payments Insurance $ Hospital Professional Liability Insurance 5 Automobile Physical Damage Insurance (Dealers) $ 48 Manufacturers' and Contractors' Liability Insurance S Automobile Physical Damage Insurance (Fleet Automatic) $ Owner's and Contractor's Protective Liability Insurance S - - Automobile Physical Damage Insurance (Non - Flaet) S - Owners', Landlords' and Tenants' Liability Insurance S Basic Automobile Liability Insurance $ Personal Injury Liability Insurance i Completed Operations and Praducts Liability, Insurance $ Physicfans%Surgeoneand Dentists' Professional Liability Insurance AL9581 comprehensive Automobila Liability insurance $ Premises Medial Payments Insurance —s — � Is Comprehensive General Liability Insurance $ Special ProtectiveandHi ghwayLiabilitylnsurance New York Department of Transportation S Conprehensive Personal Insurance g Contractual Liability Insurance $ Storekeeper's Insurance Omggists'Liabibty Insurance $ Unlnsuredtdotons'simurance Elevator Collision Insurance S S Farm Employers' Liability and Farm Employees' Medical Payments Insurance $ '3 Fa :mere Cc"Wehensrve Personal Insurance S Famer's Medical Payments Insurance F 3 Oaragz Insurance ' Form numbers of endorsements. other than those entered on S 30570 -0 Coverage Part(s). attached at issue L._1 , 204.'@ �tal Advance rremmm wr ms Fvuvp If 'he Policy Period is rrore than one year and Ina premium is to be paid in installments. premium is payable on: Effective Date )stAnnlversary 2nd Anniversary S S S Item 4. During the past three years no insurer Naas cancelled irsurance, issued to the named insured, similar to that offerded hereunder, unless otherwise stated herein: McDonald Insurance Agenc CoLatarsigaad: IH /dI 6- 16 -75' r 'flat appl:cabie in Texas �/ By ' Authorized Representative mL saca x F (t -t -7a) Ptd- la n SA. Ix INSURANCE REQUIRE.MMMS Copy of worlmen's compensation policy including persons covered or similar type of insurance for same purpose_ zi 1I is PART B This Deciarations page, with "POLICY PROVISIONS — PART A;' and endorsements, if any, issued to farm a part thereof, completes the below numbered STANDARD WORKMEN'S COMPENSATION AND EMPLOYERS' LIABILITY POLICY SECURITY INSURANCE COMPANY OF HARTFORD A Stock Company HEW DECLARATIONS --07 • — U t �.1 �i --Item 1. Name of Insured and Addru: RENEWAL OF NUMBER Policy No. AMERICAN GI FORUM VETERANS OUTREACH PROGRAM too. Street 2601 MORGNU Town or City, County, state Corpus Christi ,- Texas 78408 Locations —An s w r ual kplaces of the i „red t r from wh.ch operanons c ered by this policy ... conducted a located at the above address unless otherwise stated herein Individual F1 Partnership Corp 0 Non Profit f Insured is: From To (Other) t Item 2. Policy Period: 12 01 A. M., standard time at the address 7 -1 -75' 7-1 -7fi y •af the ms�red as stated herein: Item 3. Coverage A of this policy apps— to the workmen's compensation law and any occupational disease law of each of the following states: Texas Item 4. RATES PREMIUM BASIS CLASSIFICATION OF OPERATIONS Estimated Pae $100 o} Fati }ed yet Coda Na Entries in fhh irom, eepi '".0ieally preyWed ei here In this Annual Premlems Remuner.Ran Annual Rwnurw,atien Delicy, do not modify any of the othe, Dre,i,ie n et this Peaty. 250. .60 41,600 8742 Salesmen, Collectors or Messengers - outside 5. .17 3,200 8810 Clerical Office Employees NOC. Loss Constant farm numbers of endorsements attaehed to policy 10. Expense Constant at issue 10• 69,72, TARA Loss and Expense Constant 5 475.()0 Tetal Estimated Annpal PremiDm s 34. _ minimum F-Mium 47S.-on Deposit Prem F] Quarterly U JeT1- Monthly If indicated herein, interim adjustments of premium shall be made: Ann °ally 100 , 000 Item S. Limit of Liability for Coverage B– Employers' liability: $ ,subject to all the terms of this policy having reference thereto. - McDonald Insure e g7een'ccyy Countersigned: IH /dl 6 -16 -75 Bye Aurhprized Re presen tati- JOLeI�I -X -F e - iRw Mark \ \'i;i:c. Jr. SECRETARY CF STATE 1t.::� TEXAS OFFICE OF 'I' FIE SECIZE -E1FY OF ST /� i E AUSTIN. 'ITNAS 787U MARCH 13 , 1973 \fir. O. Bowers. III ASST. SECRETARY OF STATE AI,LADOR C. GA.RCIA AMERICAN GI FORUM OF TEXAS 1315 BRIGHT ST. CORPUS CHRISTI, TEXAS CHARTER NO: 320885 RE: THE AMERICAN G I FORUDI OF THE UNITED STATES, INC. TO THE ATTENTION OF THE CAPTIONED CORPORATIODT it has been our pleasure to approve and place on record the Articles of Incorporation that created your corporation. We extend our best wishes for success in your new venture. Unless shown as "EXEMPT" above, you will be required to file an annual franchise tax return with the Comptroller of pub tic Accounts, Canitol Station, Austin, Texas, 78711, and _a-: max cue within 90 days after the end of the first cor- =a =e= __ =he co=oo=a: ion should be exempt and is not —__ bo:e, you - ab -ol'+/ to the Co- iptroller for such exemption. The SECREM RY OF STAmE cannot make such a determination for vour Corporation. sua=est you xeeo t',--is 1ettcr as a reminder, or, so ...__.k :oar reco_ds chat yot: � ill un,,;i tting ly beco:re liable mark penalties for late filing and late payment Yours very truly, K:-1RK W. DMITE, JR. Secretary of State sy .�'Lc) / � Ted W. PT_ejl Director Corporation Division 1-11 zlb 9 y f w 1 4,11 OFFICE OF THE as;METARY OF STATE CERTIFICATE OF INCORPORATION OF THE P.MERICAL�T G I FORUP2 OF TFIE UNITED SATES, INC. CHARTER NO. 320885 The undersigned, as Secretary of State of the State of Texas, hereby certifies that duplicate originals of Articles of Incmpporation for the above corporation duly signed and variP.ed pursuant to the provisions of the Texas Non -Profit Corporation Act, have been received in this office and are found to conform to law.• ACCORDINGLY the undersigned, as such Secretary of State, and by virtue of the authority vested in him by law, hereby issues this Cartificate of Incorporation and attaches hereto a duplicate originsl of the Articles of Incorporation. Dated ...... ...March 5 . , to Secretary of State n r ' r E C T 1. ..J. .� r -_. .�.. - - "- ____ -__ _ _ -- �- _ -__ -^ - � _ - _ - - - - • __ -_ = r '- 1 ARTICLES OF INCORPORATION •1 OF _ THE AMERICAN G I FORUM OF THE UNITED STATES A=NC. We, the undersigned natural persons of the age of twenty - one (2 1) years or more, at least two of whom are citizens of the State of Texas, acting as Incorporators of the corporation under the Texas Non - Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation. •ARTICLE I. The name of the corporation is THE A14ERICAN G I FORUM OF THE UNITED STATES, INC. ARTICLE II. The corporation is a non - profit corporation. ARTICLE III. The period of duration is perpetual. ARTICLE IV. The purposes for which the corporation is organized is to provide charitable, educational, social and benevolent activities and facilities for its members or as the case may be, and herein described with more particularity, to -wit: A. To render aid and assistance to those individuals in the United States of America who are in needy circLustances; B. To provide scholarships for•worthy students; C. To seek improvement of educational facilities, in general, as provided and authorized under the laws of the United States of America; D. To provide housing for those individuals in the United States of America who are in need of it by participating in Federal and State programs; E. To assist the infirmed, the needy and the poor to secure the basic necessities of life, to include, food shelter and clothing; - z F. To strive for the procurement of all veterans 'and their families, regardless of race, color and creed, the equal priveliges to which they are entitled under the lams of the United States of America. G. To strive for the preservation of the democratic ideals for which the United States of America has fought all wars, and propose to ever main- tain, as well as advance, those democratic ideals whereever possible. H. To foster the training and education of all citi- zens in order that a true and real aemocracy may exist in the lowest, as well as the highest,* unit, so that the loyalty of this organization to those principles may never be questioned. I. To foster an understanding between the different nationalities in American society. J. To act in a manner as provided by the laws of the United States of America and the bylaws of the American G I'Forum of the United States. K. To do everything that is necessary and proper to fulfill the purposes annonnced herein. This corporation is organized andoperated for charitable, edu- cational and benevolent purposes and other non - profit purposes, and no part of any net earnings should inure to the benefit of any private member or shareholder. - ARTICLE V. The street address of the initial registered office of the corporation is 1315 Bright Street, Corpus Christi, Nueces County, Texas, and the name of its initial registered agent at such address is Amador C. Garcia. ARTICLE VI. This corporation is organized and operated exclusively for benevolent, educational and charitable purposes and•operated in the public interest and not for private benefit of its incorpo- rators, its directors, its members or any parson having a personal or private interest in the activity of the corporation. No part of the net earnings of the corporation, should it ever have any, current or accumulated, shall inure to the benefit of or ever be distributed by any incorporator- director, contributor to any per- son having a personal or private interest in the activity of-this corporation. S - 3 - ARTICLE VII. This-corporation shall never be operated for the purpose of carrying on a trade or business for profit. None of the assets or net earnings, if any, of this corporation shall be used, nor shall this corporation ever be operated, for the purposes that were not exclusively within those set forth in ?lrticle IV of the Articles of Incorporation, and within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or corresponding provision of any subsequent federal tax laws. ARTICLE VIII. This corporation shall not carry on propaganda or otherwise attempt to influence legislation, nor shall it participate or intervene in any political campaign on behalf of any candidate for public office. ARTICLE Il. This corporation shall not have or exercise any power or authority, nor shall it engage in-any activity or transaction which will prevent it from qualifying, and continuing to qualify, as a corporation, which is exempt from federal income tax, and as a corporation contributions to which are deductible, federal income, gift, and estate tax purposes. The affairs of this cor- poration, shall at all times, be so administered and conducted that they will so qualify. This corporation shall make distributions for each taxable year at such time and in such manner as not to become subject to taxi on undistributed income imposed by Section 4942 of the Inter- nal Revenue Code of 1954, or corresponding provisions of any subsequent federal tax laces. The corporation shall not engage in any act of self - dealing as defined in Section 4941(d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent federal tax laws; nor retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent fe- deral tax laws; nor make any investments in such manner as to 4 -• subject the corporation to tax under Section 4944 of the Inter- nal Revenue Code of 1954, or corresponding provisions of any subsequent federal tax laws, nor make any taxable expenditures - as defined in Section 4945(d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent federal tax laws. ARTICLE x_ The corporation shall have only general members, as that term may hereinafter be defined in its bylaws- The corporation shall have no capital stock. P_RTICLE XI. Upon dissolution of the corporation, after all the liabili- ties of the corperation have been paid, satisfied and discharged, all and any assets which are not held upon a condition requiring -of return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed, pursuant per plan of distribu- tion adopted by the Board of Directors, to or for the use of one or more non - profit, charitable corporations, societies, trust, foundations, or organizations which are exempt from the federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954 or corresponding provisions of any subsequent federal tax laws. ARTICLE XII. The number of directors constituting the initial Board of Directors of the corporation is six(6), and the names and addres- ses of the persons who are to serve as the initial Board of Di- rectors are: 1. Antonio Gallegos 7149 Pico Vista Rd.Pico Rivera,Calif. Chairman 90660 2_ 1. Q. (Rod) Rodriguez 821 W. South St_ Salina, Kansas 67403 Vice - chairman 3. Bernardo "Bernie" Sandoval P. 0. Box 336 Beeville, Texas 7810: Executive Secretary 4. Alfred Galvan 2923 S.Loomis St. C.iicago,Illinois 606C Sargent at Arnis 5. Rev. Msg. Erwin Jurascheck St. Thomas Moore Parish Chaplin 4430 Moana Drive San Antonio,Texas 78: 6, Dr. Elector Garcia Founder 1315 Bright St. Corpus Christi,Texas 7840 1 2 3 -5 - ARTICLE XIII. The names and address of each incorporator is= Dr. Hector P. Garcia 1315 Bright St. Corpus Christi,Texas Amador C. Garcia 4625 Bonner Drive Corpus Christi,Texa5 Nora Gonzalez 9006 Belk Street E1 Paso., Texas ARTICLE XIV. The Articles of Incorporation may be amended as provided in Article 1396 -4.02 of Vernon's Annotated Civil Statutes of the State of Texas. ARTICLE XV. This corporation shall have the general powers as authorized under Article 1396 -2.02, Vernon's Annotated Civil Statutes of Texas, also known as the Non - Profit Corporation Act of the State of Texas, and furthermore, without limiting any other power or authority which this corporation shall have pursuant to the Texas Non - Profit Corporation Act, this corporation shall have the power in connection with the performance, furtherance and real- ization of its purposes, to engage in and participate in, and to be a party to, and a general partner, limited partner, member or manager of, joint stock companies, joint'stock associations, limited partnerships, general partnerships, joint ventures, and other forms of association or organization with one or more other parties, persons, corporations or associations. IN INITNESS W-iEREOF, we have hereunto set our hands this the 20th day of Teb_uar 1973 . DR. HECTOR P. GARCIA NO(tA GONZALEZ j APIADOR C. GiffI` NO(tA GONZALEZ j . 6 THE STATE OF TEXAS X COUNTY OF NUECES X I, Maria Alma Munoz , a Notary Public, do hereby cer- tify that on this 20th day of February , 1973, personally appeared before me DR. HECTOR P. GARCIA and MIADOR C. GARCIA, who being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorpora- tors, and that the statements therein contained are true. Notary Public in and Fef Nueces County, Texas 'N -.ty Te•� THE STATE OF TEXAS X :o:, ('u6> in end i.. OiI CAy C',m ^u >sian a:.e> Juae I. t9 COUNTY OF N`UECES K I, Maria Alma Munoz, a Notary Public, do hereby cer- tify that on this 20thday of Tebruary , 1973, personally appeared before me NORA GONZALEZ, who being by me first duly sworn, declared that she is the persons who signed the foregoing document as incorporator, and that the statements therein contained are true_ Notary Public In and For" Nueces County, Texas s0 late m1, ff e sag 02=72iir1g. of -'Late S, 7.01%:Z S .-EAK I.L'r , Secret= —y of State of the State of Texas DO I-;FRF.FIY CEPTI71 that the attached is a true and correct copy of the following described instruments on file in this office; AK : +1CAN G. I. FCRU11 C_tarter Cecenber S, 2949 IN TESTIMONY WHEREOF, I have hereunto •� -�A -� signed my name officially and caused to be im- _ pressed hereon the Seal of State at my office in the City of Austin, this 3°th —day of--- --�.ugust-- -- - --, A. D. 195-aG-- Secretary o[ Statr AMERICAN G ! FGHUM OF THE U.S. HECTOR P. GARCIA, M.D. FOU"DER 1315 BRIGHT STREET CORPUS CHRISTI; TEXAS 78405 ?ay 19, 1975 AC 512 • 883 -3982 To : Coastal fend %Ivnpower icnsox tiva ,rom: American G' . Forum Veterans Outreach Program gentlemen and Ladies: Th- . 1merican 02 Forum of the United Sta es, acting by and throueh its Veterans Cutreach kovisor-y Boar' of -oi us j:±risti, Texas hereb. submits the attached Nro ^osal for the continua ion of their Veterans Gutreac'r. Progr, :,M for your consiueration .=u5 approval. `e last acco.aplishn=_nts of this ;rogram, its credibility - 3 continuity of dedicated service to our Veterans merits your favorable consideration for approval. This program most assuredly is arrranced in serving our Veterans; a service which has proved =.per,,• beneficial it =lirinating the many problems being encountere'_" by our Veterans throulghout the area. GP,G /vr ro ' d 16t '3. T UCIIx i GALA •Jhairman, American GI Forum 'veterans Outreach ELdvi.scr, Hoard VETERANS FAMILY ORGANIZATION FOUNDED MARCH 26, 1948 • VETERANS OUTREACH PROGRAM BOARD MEMBERS G. RUDOLPH GARZA JR., CHAIRMAN GILBERT CERDA NOE P. JIMENEZ ADOLFO W. MORENO F.H. SAAVEDRA JOSUE V. QUINTANILLA REYNALDO CANTV AMELIA ANGEL MARY ESTHER RIOJA5 CONTRACT SIGNATURE SHEET ��ssi PRI:•E SPONSOR: CONTRACTOR: CCA3rAL CC: :SCR: =u.'_ .EM3 Sox 9271 ?.0. Drawer ^4^ 520 ' . 3tanies COI. L5 ..M3TI, TT=US 7!340- CC3?Lr C,7.15 I, =j= 7.8403 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, herein=after referred to as Prime Sponsor and Te-as F-rnlo-r._'ent Co^.ission , hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of u, pages, including' this page, and such other provisions and documents as are included herei.a_ ice Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the information in tais Contract is correct to the best of his knowledge and belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. CO1,;M-JCT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CE _9 funds obligated by the Prime Sponsor are $ 903,633 1. Funds carried in from previous program year are $ 409,233 2. New funds obligated are $ 499,455 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) ,APPROVED FOR THE PRIME SPONSOR DAY OF 1975 BY: Signature R. ?a n-in To:•nsend - City ?2nager Name and Title APPROVED FOR THE CONTRACTOR DAY OF 1975 BY: Signature He --ruy Rothe]? - Administrator Name and Title ATTEST: APPROVED gq DAY OF iallTXk 1975 City Secretary Date P.PPROVED: City Attorney DAY OF 197 ..f ri-- - - -EXHIBIT C f I CETA CONTRACT BETWEEN THE COASTAL BEND MANPOWER CONSORTIUM AND THE TEXAS EMPLOYMENT COMMISSION FOR FISCAL YEAR 1976 41, TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. CETA PROGIM PLL NING SUMM -ARY 3. BUDGET INFOPMATION SUMALRY '4. PROJECT CW!PO; -ENT BUDGET 5. PROGR.�`I NARRATIVE 6. ASSURANCES AND CERTIFICATIONS 7. SPECIAL CLAUSES 8. AVAILABILITY OF FWi DS CLAUSE 9. CASH DEPOSITORY CERTIFICATE 10. SPECIAL RANK ACCOUNT 11. AUTHORIZATION FOR ADVANCE PAYMENT 12. CERTIFICATION OF ACCOUNTABILITY 13. BONDING REQUIMIENTS 14. INSL:4ANCE REQUIRDIENTS w TEXAS EMPLOMNT COMKESSION TEC BUILDING AUSTIN, TEXAS 78778 FOR REGIONAL OFFICE U CONTRACT KEY I. ENROLLMENT AND TERMINATION SUMMARY ° GRANT YEA.R- TODATL PLAN cLrA PROGRAM PLANNIP•IG SUMMARY - 1. Enroll• minl. call c. CIIANr YEAH d. TYPE 6F P110GIIAIA 1. EnUmr Ertyloyntr from To t. C 71W I 1. CD Tlue III Sr.clly.•, „••• „• „• •,••• j� I JULY 1, 1975 JUNE 30, 1976 ,• n Y.II, ❑ n Ylllt V. I •y 5j LY el CYrrenlly EMONee --- - -•- -- INSI iUCTIONS FOR COMPLETING SECTIONS I, II• ANU III •- •- -• Section 11 A (Total Eruollmenu• It the .um of A.l and A.1. 0 (TOW Tnlnuuao Oa) u the Nm o! D.1 through oe7 DATE RECD. u. 83. C (Planned En Onroentt) 1. A minui B. r� e 00 cola - Section Il: Enter In lint (a) Ewu Utnenit In each program achvtty cvmtilalmly Ihrough the 9-1 yeu, ud In Wt , 0016 0,0,1,0,9- a s 1 t 7 (b) the number III pvtrnponu planned to be enrolled In each program aa.rtty it the end of tech 3001 001680c1 y' quaver, puticlpanu wiw are ar, wrtntly ervo0ed to mon than one +alnty thou:d be counted La Itch aeually N h,eh they us alloued. Section 111: Enter the mmululn Stu mbtr of puttdpanu In Itch wgment to be tcrolled dwlrq the gtart yar. Pulldpantt dwuld br rOYnttd N al many egnalKml +agment g-opt l+ ue 1p7 Uc,blt. 0 0 0 0 0 1 1 03T 1 2., 00 9 0 0015 4 0 I. ENROLLMENT AND TERMINATION SUMMARY ° GRANT YEA.R- TODATL PLAN I- A. TOTAL ENROLL- MENTS 1. Enroll• minl. call 1) TOTAI, :. n+rllc l- TLRMINA- olnl+ t]ntM 710 rrS U.lr 1. EnUmr Ertyloyntr +. Dlreel Afmll J. IndOW HLTII C. OClllnld Emorwnln 7. o ner Po:lti.e 3. Nor;. Po Y:1•! C. PLANNEC F7v nC4 UMOMI fend o; t el CYrrenlly EMONee oe7 U2 OCCS 001540004” 00 cola 0 80:0,0,000,000 0000 00,03_Q1 0016 0,0,1,0,9- a s 1 t 7 027700 3001 001680c1 (G O0. 0 0 0 0 0 09P,04 1 03T 1 21 U 00 9 0 0015 4 0,10123j 0. 0.11M Q0101 0 C 00 0 0 0 0 0 0,0,0.07 OOC.�4QpTLiO012 000. 10,0,0,8,2 l WT 9130 cu 0 L 0015 oo2a600z2 Unemployed 0, 0 coo go00000000 Underemployed 1 ? 2 SS 3m 33 40 143 5g S {O Is 70 - n on•tM -JOb PYD. SaM. WbrM Omar Tra InIM Fatyltf rno•1 6prMnca Ac11v11N SEGMENTS SIGNIFICANT SEGMENTS N OTHER ACTIVITIES (Rateruses iirj Indicate other aclivilin or sPeclal orogrante on ►mach• manta. Deur.bl ihmr obicciiMt and hn MdUlonn lowrd their achmorrant .n a guanulallvo at nrralm prawnsauon. V. a. SIGNATURE b. DATE SIGNED ut ::R: n,l ro•11 I- • 3 al ToW CNellmenlf ' L a el CYrrenlly EMONee G a) Tout Enrillmenis i1 41 CYrrenlli Emotled 1 al ToW LN011menta { 1 bl CYrraMty Ewell;; 1 a3 Tolal LlY011menit j'• 1 I cat t:Yrrenuy En.Wl.d , h:3 r GA • SIGNIFICANT 9130 - i $LUMLNT. tat Unemployed 51 Underemployed Econ.Disadvan. e Brans • 5 • nori y on•tM -JOb PYD. SaM. WbrM Omar Tra InIM Fatyltf rno•1 6prMnca Ac11v11N SEGMENTS SIGNIFICANT SEGMENTS N OTHER ACTIVITIES (Rateruses iirj Indicate other aclivilin or sPeclal orogrante on ►mach• manta. Deur.bl ihmr obicciiMt and hn MdUlonn lowrd their achmorrant .n a guanulallvo at nrralm prawnsauon. V. a. SIGNATURE b. DATE SIGNED ut ::R: n,l ro•11 TEC/CETA SUPPLEMENT TG THE CETA PROJECT 0_'L'R!'.TL,TG i.—TUT TITLE I l ! I. Humber of Individuals planned to be served, Prozram year to Gate, II. Aumber of Individuals planned to be enrolled at end of each month. III. Cumulative Projec� ted expenditures by mcnth. MOITTi juLy -1975 70 152 84,000 AM. -1975 141 165 166,000 sEpT; 1975 211 OCT. -1975 233 163 150 250,000 f 335,000 r 11Gv. -1975 255 130 415,000 DEC. -1975 277 log 575,000 JAN. -1976 303 114 645,000 ! !� FEB. -1976 330 116 725,000 MAR. -1976 356 123 780,000 APRIL 1976 359 110 I! 85o,000 i i.iAY -1976 363 90 865,000 JUiiE -1976 368 82 9o8,688 JULY I&STRUCTIG0 I. Enter the total planned number of individuals who are planned to be served cum- ulative each month. Only individuals who have been declared eligible for and are receiving services, training cr employment should be counted. The number in :larch, June, Sept., and Dec. should agree with the entries in Part 1C of POP. II. Enter the total planned number of individuals who will be in the program covered by this POP on the last day of each month. Only individuals who have been de- clared eligible for and are receiving services, training, or employment should be counted. The number in March, June, Sept., and Dec. should agree with the entries in :cart 1C of the POP. III. Enter the planned accrued expenditures of funds cumulative by month. The totals in March, June, Sept., and Dec. should agree with the entries in =art 1118 of the POP. .0 • TEXAS EMPLOYMENT COMMISSION TEC BUILDING L 01: rliocllnv AUSTIPI, TEXAS 78778 BUDGET INFORMA71UN SUY:MAny cc—Tr1 1. Gl -rim I J. C TOI# III a. C T111+ VI . 1. CD Tlllo II r.. 1, rr. r. I ................... ............................... D. 1`011 Ilt'OIONAL OFrICr. USC ONLY _ CaNtunCTW.v — �� UATC RCCo a ^1�itJ I7al, 00 > fi -`Z u u° s Ic•`Itl I C.•I � 1 �! �] .a �S L 17'7 17 �1pi3 1 ^ :] Ir.,1 i:4 17,1017!3tc� 27.74.15�'IG1 i0 E. OUOGCT SU1I1'ANt COST CATEGORI S GRANT PnCGRAM FUNCTION OR ACTIVITY ESTIMATED UNLXPCNCIEO FUNDS NU-N On RevISCO OUOCCT I, TOTAL o. FetleNl C. Non•FedCr +I d. reacral c. NOn•FCPe r +1 +. 1 t 3 2- 1. ne- lnll;fat101) 12 42,942 3 qqqq 2, ice' :avlanccl 91` q q B p p 6 692,835 3. 1•Ja;ea g 0 0 0 DI OI O n/a 4 Frm,,0 Uen,011 0 0 0 0 010 010 n a 1x77 ., 0l000oio62.61 io6,267 b.sevlee, 0101010101016161 141 66,644. '' r °I +tf o x, 01010 jOPP6131 IT51101010101910181618181 9o8,688 F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES a. 0170 1b. 12/31 c. 71] 1 d. 0170 1 x 7 1 12 13 1 2 0 3 1 7 ] col. 1. A, -le 5 o—r Obleatron. G d U O 7 e 4 q 7 C ID O 0 IC 8 6 8,E 2. Ta:.S I'Io:ecled E.,lacndiliarej by Pfd ram 1 0 C 0• 01 1 cclqqqCl5i715iqP 1 •t C I '•� OI OOI I f 1. Clat:oomTaini ,Primes nwr 1 7 07 0 —1,10,0,0101 0, 1 , if b. On-the-Job Training. I I I I I I I 1 2 1 1 1 1 1 113 1 7 21 1 1 1 1 1 1 1 1 1311 1 3 21 1 1 1 1 1 1 1 1 3177. I� e. Public Service Employment G { 31 D 1 R d. 1': Jr }. E.rr "'lc 4 1 I 1 1 1 1 1 1 1 1 1 I :0 1 1 1 1 1 1 1 1 1 1 1 A 1 1 1 1 1 1 1 1 1 t �.•h•,eel 10 rare C,panls 1 I I I I 1 51 1 1 1 1 1 1 1 1 1 1 .;iI I I I I I I I I I I ,Isl F 1 I I I I I I I r C:.`.0 Acurmcl 3. Pfo,.etcd Expenditures for Voealton+l Education In 1 t 7 ID 1 : 3 Al � SF—al Cranu to Co.ernars G > I % 1 1 1 1 1 1 1 e I Ic I l 1 1 1 1 1 10 Ha.eleJ E.,l- doarr, or I.on•Frderal Fund, e GIG r•.. r ; lundl. No! In inn - Span —'. Cant S G:. n: Tout • No-me Cxpcnduw, r �' 1 0 0 0 0 0 2 5 0 010 O ;+ 0 0 0 0 OI 5 7 510101 (,1 0 0 0 0 0 7 010 010 I b-!01010 0 9 p IEi PLnl00 ENDING 3— )— 1 ,/],01917151 1 1 1 I 3:14 17151 1 I, I i 1 1 _7]1013 7 lb 1 1 1 T- -0'4'7 11.1 c.14'c r1•"., SI '*S i z 0 — -) , -: -- - — -- x PROJECT COMPONENT BUDGET j TITLE I Q TITLE II t�NAME OF CONTRACTOR: TEXAS EMPLOYMENT COMMISSION FUNCTION OR ACTIVITY: SKILL TRAINING (1) ADMINISTRATIVE COST (2) WAGES (3) TRAINING (4) FRINGE BENEFITS (5) ALLOWANCES (6) SERVICES S Q TITLE III AMOUNT $ 42,942 n/a Io6,267 n/a 692,835 66,644 TOTAL Al- loUlTr $ 908,688 t SACK -UP SUPPORT BUDGET (1) ADMINISTRATIVE COSTS AM ,UNT a. STAFF COSTS 6,672 b. FRINGE BENEFITS 1,042 c. CONSUMABLE OFFICE SUPPLIES 864 * d. Computerized Progress PROGRAM EVALUATION: & Activity Reports 3,739 * e. Computerized Cost ACCOUNTING SYSTEM : Accounting & Reporting 6,646 f. MANAGEMENT INFORMATION SYSTEM n/a g. STATE MANPOWER SERVICES COUNCIL n/a h. PRIME SPONSOR PLANNING COUNCIL n/a i. TRAVEL 1,801 j. RENT n/a k. UTILITIES 878 - 1. CUSTODIAL SERVICES n/a m. INDIRECT COSTS n/a n. STAFF TRAINING n/a o. TECHNICAL ASSISTANCE n/a p. EQUIPMENT n/a q. MATERIAL n/a . r. CAPITAL IMPROVEMENTS n!a s. PUBLICATIONS n/a t. AUDIT SERVICES n/a u. OTHER (Specify): Telephone -Long Distance...... 144 343 Telephone - Local .............. 199 v. OTHER (Specify): Computerized Payment of 19,279 Allowances w. OTHER (Specify): Postage 600 x. OTHER (Specify): Trainee Insurance 1,078 �- SUB-", -TA _ Also includes personnel management, central office 42,942 . management, supervision and technical support. BACK -UP SUPPORT BUDGET F-IMIP�� (2) WAGES: a. On -Job- Training: n/a b. Transitional Subsidized Employment: n/a c. Other: (Specify) n/a d. Other: (Specify) n�a (3) TRAINING: a. Salaries: n/a b. Fringe Benefits: n/a c. Tuitions: Includes required fees, books and 106,267 uniforms. n/a d. Entrance Fees: e. Books: n/a f. Teachers Aids: n/a g. Other: (Specify) n/a h. Other: (Specify) n/a SUB -TOTAL $ 106,267 3 All BACK-UP SUPPORT BUDGETS FRINGE BENEFITS: a. Annual Leave: b. Sick Leave: c. Court Leave: d. Military Leave: e. FICA: f. Life Insurance: g. Health Insurance: h. Unemployment Insurance; i. Workmen's Compensation: J. Retirement Benefits: k. Other: (Specify) 1. other: (Specify) (5) ALLOWANCES: AMOUNT n/a n/a -/a n/a n/a. n/a n/a n/a n/a SUB TOTAL n/a SUB-TOTAL $ 692,835 BACK -UP SUPPORT BUDGETS (6) SERVICES TO CLIENTS: a. Child Care: b. Health Care: c. Medical Services: d. Residential Support: e. Assistance in Seciwing Bonds f. Family Planning; g. Outreach: h. Intake and Assessment: i. Orientation: Counseling: k. Job Development: 1. Job Placement: m. Other: (Specify) Testing n. Other: (Specify) o. Other: (Specify) SUB-TOTAL GRAND TOTAL AMOUNT n/a n/a n/a n/a n/a n/a 16,661 n/a 19,993 13,329 13,329 3,332 n/a n/a $ 66,644 $ goS,688 i 8 ' POSITION TITLG +•. �.. rcrt NO. UNITS PAID 2 OF TIWE TOTAL HOUR 1,080 State Retirement' • Retirement WS[N NOUN, RX.. TO POS AMOUNT - Supervising Interviewer 6.94 277.62 2080 52 100 14,436 Employment Counselor 5.44 217.50 2080 52 100 11,310 Employment Interviewer 5,44 217.50 2080 52 100 11,310 Employment Interviewer 5.09 203.65 2080 52 100 10,590 Employment- Interviewer 5.09 203,65 2080 52 100 10,590 Clerk Typist 3.21 128.31 2080 52 100 6,672 Total _ -- - - - 64,908 Fringe Benefits: FICA 3,797 Group Insurance 1,080 State Retirement' 3,894 Retirement Registration Fee Unem to p yment ' 30 Insurance Tax 649 Total __ _ ` - - 9,450 TOTAL STAFP THIS PROJ."COUP, T7TAL2 ��ti 74,358 RENT SQUARE RATEISO,lIJO.IN NO STATF FEET FT,; NO, US: S TOTAL UiING USE A40UNT •. RENT . ............................... 6� RENT ri /a. c. TOTAL -r .. ,. n/a FLEXIBILITY OF COSTS: Administrative cost will not exceed 17 % of the total cost. The flexibility of costs between cost categories will depend upon the negotiated agreement between the Prime Sponsor and the Contractor. It, s i q , I Contract/Subgrant No. PROGRAM NARRATIVE - TITLE I A. Objectives and Needs for this Assistance 1. Goal 4 To provide skill training to economically disadvantaged, unemployed, and underemployed individuals (17 years of age and over) with emphasis on those individuals who are heads of households, moving them into entry level positions in jobs which are in demand and which are compa- tible with economic developments of the Coastal Bend Area. 2. Analvsis of Needs: Skill training is desperately needed for the area's semi - skilled and unskilled labor supply. New industries are moving into the area with a great demand for skilled labor. First -class skilled laborers must be supplied to these employers through the utilization of long -term, high quality training programs. Long -term skill training programs can best accommodate current labor market demands. This manpower need is urgent, and should be prow ded in coordination with other manpower services such as remedial education and others. 3. Results and Benefits Expected 1. The training proposed for this program year covers skills that were chosen to meet the aptitudes and abilities of a broad segment of potential enrollees. Equally important, these are skills that are currently in demand throughout the Consortium's business and industrial community. It should be noted that workers will be provided for con- struction and heavy industry, for a variety of service industries, for health services and for the retail sector. The skills currently being considered for training are: Accounting Clerk Air- Conditioning/Refrigeration Automobile Body Repair Automobile Mechanic Bookkeeper Cashier - Checker Clerical Computer Operator Cosmetologist Dental Assistant Draftsman Keypunch Operator . 6 .. ia`..,_. r . _ ,. ,.. _ ......,. _... -. - -_ - s...,nl.�c�a�...ea,.., - ,u;�:i'.m•ka,rc m,,:,Ur3-`.' a" 7� Licensed Vocational Nurse Nurse Aid Operating Room Technician Radio and Television Repair Stenographar Welder • C. Approach 1. In support of the plans and agreements consummated for the conduction of institutional training under the Comprehensive Employment and Train- ing Act of 1973 (CETA), the Texas Employment Commission, Del Mar College, and Bee County College agree to deliver manpower services and assistance to economically unemployed and underemployed individuals in the Coastal Bend Manpower Planning Consortium Area. These services will be provided during the contract year, July 1, 1975 through June 30, 1976. a. Intake and Assessment Includes the receiving of individuals or groups of applicants re- cruited by or for the CETA Sponsor or subcontractor, for manpower services under CETA. Interviewing, application preparation, renew- al of applications, routing of applicants will also be accomplished for persons.identified as being potentially eligible and in need of manpower services under CETA. The intake function will serve approximately 1200 individuals during the contract year. b. Counseling This function will be provided for applicants identified as poten- tial CETA applicants referred for this service. In .1epth inter- viewing, identification of problems hindering employment, develop- ment of employability plans, scheduling of tests, interpretation of test results and initial selection for specific skill training will be accomplished. Counseling will be conducted throughout the train- ing period to resolve problems and ensure successful completion of training. c. Testing All trainees will be administered the Basic occupational Literacy Test (BOLT) or other tests as needed to verify that the trainees meet the minimum criteria established for specific training courses. These are standardized tests which are recognized by the Equal Employment opportunities Commission and will be administered as set forth in the goals and objectives of the prime sponsor. d. Referral to Training Trainees will be referred to training following counseling and testing. Final determination will be accomplished on an individual basis using eligibility criteria established for each training class. 7 Enrollment forms and allowance entitlement forms will be completed and processed in accordance with existing agreements and procedures. Individual trainee files will be established and maintained through- out the period of training and such follow -up period as required. Coordination and communication will be maintained with the training facilities' CETA officials to resolve payment and other enrollee related problems. Conduct follow -up on trainees who complete train- ing as required under CETA. e. Job Development and Placement Extensive job development will be conducted for each trainee as they reach the point of employability in the training program. Various employers will be contacted on behalf of trainees in an endeavor to secure training related employment for each trainee who completes training. This function is in addition to the regu- lar Job Sank placement service provided by the Texas Employment Commission. f. Payment of allowances Allowances will be paid weekly using a computer assisted program in the State Office of the Texas Employment Commission. Trainees 'rill file requests for allowances on Friday of the training week. These requests will be reviewed, and input to the computer the following Wednesday. The computer issues checks and stores infor- mation of amounts expended. In this connection, a periodic report will be available. This payment program includes a check of unem- ployment compensation and a method for collection of overpayments. g. Funded and Non - Funded Services The regular services of the Texas Employment Commission as provided under the Wagner - Peyser Act will be provided without cost to the sponsor. All of the services peculiar to and in support of the manpower services required by the sponsor will be funded by the sponsor as specified in the Texas Employment Commission budget included herein. h. Monitoring, Coordination and Self Evaluation The Program Coordinator will maintain and review records concerning performance standards data, in order to insure control. Monthly cost accounting reports will provide a basis for self evaluation of the,program operator. The Program Coordinator will also monitor progress of the program and coordinate program activity with other agencies. Reports of progress and costs will be provided to the Prime Sponsor. Training programs are monitored throughout the contract year to ensure that coordination between cooperating agencies is completed as specified in agreements and directives. Prepares periodic status reports of training projects. Maintains control of train- ing slot utilization and utilization of training allowance funds. f. Industrial and Community Services This function involves the evaluation and analysis of labor market information and training needs surveys to determine the need for training in specific occupations. Training proposals are prepared and transmitted to the proper authority for approval and funding. J. Equal Employment Opportunity The Texas Employment Commission Plan of Service for Fiscal Year 1976 includes Affirmative Action Plans to encompass provision for training and specific line management supervision and evaluations to assure equal employment and training opportunities in all aspects of opera- tions. Beside; compliance with statutory requirements and with its Affirma- tive Action Plan for services to minorities, females and the elderly, the Texas Employment Commission CETA Staff will increase emphasis on services to the handicapped, the migrant /seasonal laborer and the ex- offender in its functions under this contract. When direct referral to formal,institutional training might tend to limit developmental opportunity for the client with the special problem, this increased emphasis will include inter - agency referral as well as the routine services of the CETA program. k. A chart of the TEC Organization for the conduct of the program is attached to this narrative. i COUNSELOR I COUNSELING AND TESTING l i ORGANIZATIONAL CHART CETA UNIT - 5301 COASTAL BEND CONSORTIUM i SUPERVISING INTERVIEWER PROGRAM COORDINATOR EMPLOYMENT INTERVIEWER II INTAKE, ASSESSMENT, PLACEMENT EMPLOYMENT INTERVIEWERI ASSISTANT INTAKE AND ASSESSMENT r EMPLOYMENT INTERVIEWER I ASSISTANT PLACEMENT AND FOLLOW UP CLERK TYPIST II CLERICAL AND RECORDS 8' ' . t DEL MAR COLLEGE 111001 PROGRAM TRAINING FOR FY -76 N0. OF TYPES OF NO. OF TRAINING TRAINEE TRAINEES TRAINING WEEKS COST ALLOWANCES 20 Stenographer 32 10,225 64,320 20 Welder 26 8,000 41,080 20 Draftsman, Junior 18 5,540 36,720 20 Cashier- Checker 6 1,800 11,280 20 Keypunch(HIALCO) 3 800 6,120 13 Various Individual Various 6,500 55,656 _ Referral 113 Total Training Cost 32,865 215,176 Trainee Insurance 791 TOTAL COST $ 33,656 $ 215,176 CURRENT PROGRAM TRAINING - CARRY -OVER FROM FY -75 15 Stenographer (HIALCO) 35 19,364 383325 18 Draftsman, Junior 11 3,386 18,612 17 Clerical 21 6,287 33,558 20 Welder 20 6,154 29,200 45 Various Individual Various 13,767 143,317 Referral 115 Total Training Cost 48,958 263,012 Trainee Insurance (paid) TOTAL COST 48,958 263,012 GRAND TOTAL $ 82,614 $ 4782188 ! l BEE COUNTY COLLEGE NEW PROGRAM TRAINING FOR FY -76 NO. OF TYPES OF NO. OF TRAINING TRAINING TRAINEES TRAINING WEEKS COST ALLOWANCES 12 Auto Body Repair 52 6,396 49,920 (Alice) 29 Various Individual Various 10,240 81,280 41 Referral Total Training Cost 16,636 131,200 Trainee Insurance 287 TOTAL COST $ 16,923 $ 131,200 CURRENT PROGRAM TRAINING - CARRY -OVER FROM FY -75 39 Various Individual Various 7,808 83,447 Referral Total Training Cost 7,808 83,447 Trainee Insurance (paid) TOTAL COST 7,808 83,447 GRAND TOTAL $ 24,731 $ 214,647 ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P. L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95. and Federal Management Circular (FMC) 74 --4 'and 74-7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act- The applicant further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director for (AR DM) (ADM) w ithi.n 30 days after promulgation of the amendments or revision that it cannot so confarra, so that . the ARDM may take appropriate action including - terrmi atioa, if necessary. g In additio» to the reqcircr._ents of I and 2 above and co :siLt UL with-the regulations issued pursuant to the Ac$, the applicant makes the following further assurances, and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action.has been duly adopted - or -pas sed as an official act of the applicant's governing . body, authorizing the filling of the application, including _ all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection , with the application and to provide such additional infor- mation as may be required; b_ It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 58 -354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the • grantee will immediately take any measures necessary to effectuate this assurance. c_ It will comply with Title VI of the Civil Rights Act of 1964, (42 USG 2000d) prohibiting employment discrimination where (I) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal, treatment of persons who are or should be benefiting from the . grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program -participant or any applicant for participation in such program because of race, creed, color, national origia, sex, age, political af[:liation or beliefs (sections 703(1) and 712)_ e. It will comply with the requirements of the provisions of the . -Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMG 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as z result of Federal and federally assisted d progras_ - f. It will- comply -with the provisions of the ]:latch Act which limit. • the political activity of employees... g. It will comply with the requirement that no prograra.under-. the Act shall involve political activities (section: 710)-. h. It will establish safeguards to prohibit employees from using. ..their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom. the3rhava fazaity; - - business or other ties (section 702(a)). L It will give the Department of Labor and the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 7I3(Z))- _ s i j. Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 763(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to tine type of work, the geographical region and the proficiency of the applicar.-t (section 703(4)). m_. Provision of appropriate workman's compensation to all partic- -ipants in on- the -job training, work experience or public service employment activities and appropriate insurance for all partic- ipants in classroom training, services to clients, or other activities (section 703(6)). n_ The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed t (section 703(7)). Q. Training will not be for any occupations Nvhiclz require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation }section 703(8)). p. Training and related services will, to the maximum extent f practicable, be consistent with every individual's fullest i capabilities and lead to employment opportunities which will enable participants to become ecoaomically self- will (sections 703(9), 105(a)(6))_ " q_ Institutional skill training and training on the job s7a11 - only be for occupations in which the Secreta or the prime ry sponsor has determined there is reasonable expectation for employment (section 703(10)). r. C£TA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that , would otherwise be available for the planning and administration of programs under the eligible appUcaaUs. grant (sec. 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lov, income persons for meaningful employment opportunities (sections 703(12) and 311(c)). t. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobi'ity of individual participants (section 703(13))_ U. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, anc other j policies as may be necessary to promote the effective use _ of funds (section 703(14)). V. The program makes appropriate prdvisiaa for the manpower needs of youth Ln the area served (section 703(I5), and tivi1T: assure hat: (1) Individuals receiving training on the-job shall be. compensated by the employer of such rates. including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in. no - event at a rate less than that specified in Sectiott fi(� }ft) _ of the Fair Labor Standards Act of 1938 or, if higher, ; under the applicable State or localmiuir +• +xn -wage "w- (section 111(b)). : (2) Persons employed in public service jobs under this _ - Act shall be paid wages which shall not be lower thaw whichever is the highest of (a) the minimum wage whic1% - *ould be applicable to the employee under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title _ applies to the participant and if he were not exempt under section 13 thereof, (b) the State or loc.^ -1 misv=sm wage., -- for the most nearly comparable covered employment- or (c) the prevailing rates of pay for persons employed in similar public occupations by the same- employer (section 208(a)(2)). w. It will comply with the labor standards requirements set out in section 706 of the Act_ - r, �A x. Services and activities provided under this Act Nvill be administered by or under the supervison of the applicant (sections 105(a)(1)(B) and 205(c)(1)). B. Additional Assurances for Title I Programs In carrying out grog =arns under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in reed of them including low income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrated e`fectiveness is considered in serving such persons (section 105(a)(1)(D)). 2- Programs of institutional skill training vri1L be designed for - occupations •in welch skill shortages exist (section 105(a)(b)). 3. The plan meets all the requirements of section 105(a) and, the ; applicant will comply with all provisions of.the Act ( sectioa i. 105(b)): t 4. It will make such arrangernents as are prescribed by regulation ' to assist the Secretary in carrying out his responsibilities ua.dt sec io:s 105 and l ,8 of the ct (sacaon 105(x)(7 } }. S. Special consideration will be given to the neP89 of eligible - disabled veterans, special veterans, and individuals who' served in the Armed Forces and who receive other than a dishonorable discharge within 4 years before the date of their application_. Each prime sponsor in selecting participants for programs funded under Title I of the Act, shall take intc ! consideration the extent that such veterans are available is the area. Specific effort should be -made to develop appro- , priate full or part -time opportunities for such veterans. > The prime sponsor should utilize the assistance of the State = i and local veterans employment service representative in formulating its program objectives. _ t On a continuing and timely basis, information on job vacancies t[ _ and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment serrate representative for the purpose of disseminating'inEormation to - eligible veterans (,ection 104(b) of Ernergency Sobs and Un- employment Assitance Act of 1974) :•�e��ss.�+w- �_�,..'d -- ... - ,,.. ..- . —�.na. -..... _ r.._c_� � ._ - ...,- .�..�.�. Yc'. �u-r.•wz .;i..- y..:.S�'i,i�- fi1*i3�O.wc: _ T I .C. Additional Assurances Relatinz to Public Service Employment P.- o,r.tms For public service employment activity, the applicant further assures and certifies that: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide particip=ants with s:. Us for which there is an anticipated high dem=and, or (3) provide participants with self- development skills; except where exempt under the provisions section 604 of the Act, provided however.that: nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 6o4). Z. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the• unemployment rate recedes, except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604)_ 3. Special consideration in filling transitional public services jobs will be given to unemployed persons who are the most severely disadvantage in terms of the length of time they have been unemployed without assistance, bat such: special consideration shall not authorize the hiring of any person is on lay -off from -the same or any substantially equivalent jub (sccLion.ZQ5(c)(7))_ 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating i the employment of any other regular employee not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the- Act.(seetioa 205(c)(8)). 5. Due consideration will be given to persons who have participated . in manpower training, programs for whoa: employment opportunities I would not be otherwise immediately available (section 205(c)(9)). •6. Periodic review procedures established pursuant to section 207(a) -• - of the Act will be complied with (sections Z05(c)(17)). 1 8 ' ' 7- Agencies and institr.Itinns to venom financial assistance is made available under this title have undertaken or will undertake, analyses of jrb descriptions and rr-evaluations and, where shown necessary, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relatir.� thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment those whom it is the purpose of the Act to assist (section 205(,)(18)). i S. Where appropriate, it will maintain or provide linkages with upgrading and other ;r_anpower programs for the purpose of (1) providing those persons ernployed in public service jobs who want to pursue worn with the employer, in the same or similar work, with Ooportunities to do so and to find permanent, upwardly mobile careers in that -field, and (2) providin-- those persons so employed who do not wish to pursue permanent careers in such field, with opport'snities to seek, prepare for, and obtain. work in other fields (sections 205(,)(19) and 604). 9. The program will, to the ma.Yimum extent £easible, contribute to the elimination of artificial barriers to employment and occupational advancement, inlcuding opportunities for the dis- advantaged (section 205(,)(21)). _ g 10. Not more than one -third of the participants in the program. will be employed in a bona fide professional capacity (as such term is used in section 13(x)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary. may waive uus linitaLOlL iu exceptional circumstances - .(section Za5 11. Jobs tviL be allocated equitably to local governments and agencied .- taking into account the num bar of unemployed persons within. their ` 'jurisdictions and the needs of the agencies (section 2 12. The jobs in each job category in no Nvay infringe upon the a promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub- sidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining _. agreements have been complied with (sectioa 205Cc)(24)). 13. Jobs are in addition to those, that would be funded by the sponsor in the absence of assistance under the Act (section 205(,)(25))- ' - i r ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (ADDRESS) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (DATE OF APPLICATION) i 'T SPECIAL CLAUSES TABLE OF CO`tTENT5 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION .......... .........................:.Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3 5. TRAINEE CR ENROLLEE WAGES . ...........................Page 4 6. TmuaNATION OF TRAINEES OR ENROLLEES .................Page 4 T. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9.. CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10.' LISTING OF EMPLOYMENT OPENINGS ........................Page 13 11. DE 1ATIoNS ................ ...........................Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCONTRACTING ............ ...........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15. ORDER OF PRECEDENCE ........ ..................'........Page 1T 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 It, f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of Pact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract /subgrant as changed by 'the Prime Sponsor's Contracting Officer in 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 /Subgrantee 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, retirement 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, retirement plan, or statutory requirement. 3. CHILD LABOR • - No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used - in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase-or decrease in the Contractor's /Subgraatee's cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any-such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein. required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. 4. EQUAL OPPORTMITY CLAUSE During the performance. of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or'other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideraticn for employment without regard to race, color, .religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall pest copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information. and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in whole or in hart and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other = sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the•provssions'of paragraphs (1) through (7) in every subcontract or purchase order unle eLC exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in or is threatened with, litigation with a. subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such - litigation to protect the interests of the United States. 5. TRAINEE OR ENROT-T-F'F' WAGES The hourly wages paid to enrollees or trainees $ball not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including. :. any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required . under Federal, State, or local laws if it is higher than that stated in Item Number 1 above: 6. TEIMMATION OF TRAINEES OR ENROLLEES ; Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a•collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. • d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor/ Subgrant ee by reason of the total or partial termina —, tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed - amount. e. In the event of the failure of the Contractor /Subgrantee and the 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 pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required , by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine, on the basis of information , available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant - prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of , or as directed by the Prime Sponsor's Contracting Officer: Provided, . however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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) aboye, 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 /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection- with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractorrs /, Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee Payable under the contract /subgrant determined as follows: s • (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 CPR 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 end ouality, 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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Primp 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 claim 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 of the date of execution of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor / Subgrantee the amount so determined. s (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting 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 /subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract /subgrant for the cost 'of which the Contractor /Subgrantee has been or will be reimbursed under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsors Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be reauired to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tract or /Subgrantee under this contract /subgrant or shall otherwise be creditec 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; • 7. TEEMINATION 'a. The performance of work under the contract / subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor / Subgrantee shall default in per- formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor / Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or Such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall. determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor / Subgrantee or for the convenience of the Prime Sponsor, the 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 / Subgrentee 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; t s ' (A) In the event of the termination of this contract/ . subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the completion of work contemplated by the contract / subgrant, less fee payments previously made hereunder; or (B) In the event of the termination o£ this contract/ subgrant for the default of the Contract or /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 clam 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract / subgrant, (2) any claim whi,cb,the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 Contract or /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 cic-im 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- suant to the provisions of this clause and not othervise"recivered by or credited to the Prime Sponsor. (h) In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the i the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled comitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and 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 Notice 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, AND PAY - ME4T Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime. Sponsor's contracting agency's procedures in effect as of the date of execution of this contract /subgrant the Contractor /Subgrantee and the Prime Sponsors Contracting Officer may agree 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, which amount or amounts may include any reasonable cancellation charges thereby 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, the Contract or/Subgrant ee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an a=endment to this contract /subgrant and the Con - tractor /Subgrantee shall be paid the agreed amount. (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the totsl of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, atthe times, and to the extent, if anyy, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed pl information; and ans, drawings, and (2) Materials or equipment produced or Insprocess or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 . and parts of Paragraph IV, applicable to construction procurement. to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This clemme does not apply to the listing of employment openings -which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply... to a particular opening once an employer decides to consider applicants outside - of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office;_labor�ezrs and mechanics; supervisory and nonsupervisary; technical; and executive, administrative, and professional openings wiiich are compensated on a salary basis of less than $18,000 per year. -The term includes full-time employ- ment, temporary employment of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the - Federal -State national system of public'employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons. outside of a special hiring arrangement, including openings which the Contractor proposes to fill from ' union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. • r s • 10. LISTING Or EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and, veterans of the Vietnam era, that all suitable e mlcyment cpenings of the contractor :rr_ich exist at the ti=e of the execution e, this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an, establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such repo =^s to such local office regarding employment openings and hires as may be require'_: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. ' (b) Listing of employment openings with the employment service system pur- suant to,this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptence of referrals of veterans and nonveterans. This listing of employment openings does not reouire the hiring of any particular job applicant or from any partic-.:_ar group of job applicants, and nothing herein is intended to relieve the Contractor from any recuirements in any statutes, Executive orders, or regulations regar _ -g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly wi.3 the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Suc' reports shall indicate for each establishment (i) the number of individuals whn were hired d-.:ring the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 da s after the end of each reporting period wherein any performance is made under ._ s contract. _..e Contractor shall maintain copies of the reports submitted until =e expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secret- -y of Labor. (d) Whenever the Contractor becomes contractually bound by the listing mrovisions of this clause, he shall advise the employment service system in ea--h State wherein he has establishments of the name and location of each such esta-- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no reed ti 12. DISPUTES a. Except as otherwise provided in, the contract /subgrant, any dispute concerning a question of fact arising under this contract / subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contract or / Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of'such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous'as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shams, be afforded an opportunity to be heard and to offer evidence in support :•,, its appeal. Pending final decision of a dispute hereunder, the Contractor; Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of lax. , 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. i • - (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with fhs Armed Forces for a period of more than 180 days, any part of which occurred after August 5s 1964, and was discharged or released therefrom with other than a dishonorable discharge,,or (ii) was discharged or released from active dut;r;ior if any part of such duty was performed after August 5,•1904, and (B) who was so discharged or released within the 48 months preceding his application for employment core=ed by this clause. (h) If any di:•abled veteran or veteran of the Vietnam era believes that t =_ Contractor (or any first -tier subcontractor) has failed or refuses to comply »_ta the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran nay file a complaint with the veterans' employment representative•at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the tens of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract.- 11. DEVIATIONS Under the most compelling circumstances such as situations-where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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 suck deviations shall be addressed to the Assistant Regional Director for Yanpower, 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. ! t 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. nIC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12p per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 12F a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. _ —.0 �1 Q AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. 1 8 • CERTIF UMON FOR CASH DZPOSITORIES F,1 74 -7 ATTAC EMIT A - Paragraph 3 The undersigned hereby certify that: "Any noneys advanced to the State or local governments which are determined to be public moneys (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 265. Bank Name (Signature) (Date) (Type Name) (Title) Tame (Signature) (Date) (Type Name) (Title) ..z AGREEMENT FOR SPECIAL BANK ACCOUNT The . hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and a banking corporation located at 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 contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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. 1 8 f .8. All moneys deposited in the S_ecial Ba3k.Account are public =oneys subject to the requirements of Title 12 Section 265 U -S -C. The BarLk agrees to taIke all necessary Measures to qualify i:ith.the Secretary of the Treasury as a depositary of public Money and to deposit satis;:actory security by the deposit of United States bonds or otherwise, for the safekeeping and prompt pa;--ant of the aforesaid public moneys as required by the regulation of the Secretary of the Tze uy and Title 12 Section 265 U.S.C- IE WITIiESS I -MPEOc , the parties hereto h37ve caused this agreement to be executed as of the last day of sigaing set forth below.' BMRC USE 13201t COT-TT MILT T FIC -NAME _ B�SrK COLL- iT.E31L required, based upon estimai me-d=un ban's balance, (excluding FDIC cover, of $40,000 is $ 'GNATUM DATE .P3 I IL1.0 .TIE .CMITcZACTOR USE ADMTNTS77RATUIE UNIT SUBcozi .ACTOR'S HA3•2 :GN AT-iI.TF. � DATE SIGNATURE Doi . 'PE IIM EE TYPE NAME TI713" AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $100,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the•Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the making of such advance payme�:ts without interest is in the public interest. RETENTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (27) of the total grant, not to exceed $2,000, will be reserved pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the audit. i \. CERTIFICATION OF ACCOUNTABILITY AP 1. Name, Title, and Organization of Chief Financial Officer. Jack Howison Fiscal Officer Texas Employment Commission 2. Will the accounting system be directly maintained by the above Financial Officer? x Yes No 3. Are you familiar with Department of Labor audit requirements? X Yes _No 4. Description of Financial Accounting System; The Texas Employment Commission has an established automated accounting system with internal controls adequate to safeguard its assets, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with government requirements and accounting procedures with respect to cost - reimbursement type contracts. The Texas Employment Commission is required to use the STATE EMPLOYMENT SERVICE COST ACCOUNTING SYSTEM developed by the Department of Labor and ap- proved by the General Accounting Office. I certify that to the best of my knowledge and belief this report is correct and complete. 1 � J e�mployment ix �' ipate of E ecution D stt Director 1 lexa Commission ��512 --7491 BONDING REQUIREMENTS INSTRUCTIONS 1. The Contracting Officer has the responsibility and the authority to determine if the subcontractors have adequate fidelity bonds to cover losses of the federal funds in case of misuse by the subcontractor. 2. If the subcontractor is a unit of local government or an instru- mentality, normally, additional bonds would not be required. It is the Contracting Officer's responsibility to review and assure himself that the subcontractor is in compliance. 3. Non - profit organizations historically do not have adequate bonding protection. These should be reviewed very carefully, as non - profit organizations have limited sources of funds and if there are audit ex- ceptions and the funds are not available, the Prime Sponsor will be held accountable and responsible for these losses. 4. All Texas Employment Commission personnel who will handle funds allotted to this program are adequately bonded and documentation of bonding arrangement is on file and available for review. ,_.r.. INSURANCE REQUIREMENTS Copy of workman's compensation policy including persons covered or similar type of insurance for same purpose. Attached are Insurance policies for Trainees at Del Mar College and Bee County College. i CERTIFICATES FOR INSURED PERSONS: The Company will issue to the Policyholder, for delivery to each Insured Per- son, an Individual certificate setting forth a statement cis to the insurance protection to which the Insured Person is en- filled cmd to whom indemnities provided by ibis Policy cue payable. CONFORMITY WITH STATE STATUTES: Any provision of this Policy which. on its effective date, is in conflict with the statutes of the stale in which the Policy is delivered is hereby amended to conform to the minimum requirements of such statutes. IN WITNESS WHEREOF, the UNITED STATES FIRE INSURANCE COMPANY, NEW YORK, NEW YORK, has caused this Policy to be signed by its President and Secretary, but it shall not be binding upon the Company unless countersigned by a duly authorized agent. • S1ClCillt7J / ii%B��1� /�� %���� //�PD7s�' President r Cotintermgned —. licensed Resident Agent NOTICE The person to whom the attached policy Is issued may return the policy rittltin ten days after its delivery for refund of premium paid if, after examination of the pol- icy, such person is not satisfied wdh it for any reason. Upon return of the policy to the Company at its home office or branch office or to the agent thraigh whom,ft was purchased it shall be void, the same as U no policy had been issued. • r«.. � ors ;a - s-' lai _ t = > -p m, t: e i CA "I t M F co 1� w -O to p r r,' 8 1 , i . 8 PAt&VT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary desigmtion•and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If np such designation or provision is then effective, such indemnity shall be payable to the estate of the Insured Person. Any other accrued indemnities unpaid at the Insured Person's death may, at the option of the Company, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the Insured Person. All or a portion of the indemnities, if any, provided by this Policy on account of hospital, nursing, medical or surgical service will, upon written request of the Insured Person not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a par- ticular hospital or person. PHYSICAL EXAMINATION AND AUTOPSY: The Company at its own expense shall have the right and opportunity to examine the person of any individual whose injury is the basis of claim when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by law. LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this Policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished, DESIGNATION AND CHANGE OF BENEFICIARY; ASSIGNMENT: The Insured Person shall have the right, on forms furnished to the Policyholder by the Company, to designate a beneficiary or beneficiaries. The right to change of bene- ficiary is reserved to the Insured Person and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of the insurance coverage with respect to which the beneficiary designation has been made or to any change of beneficiary or beneficiaries, or to any other change in said coverage or in the Policy. No change of beneficiary or assignment of interest under the Policy shall be binding upon the Company until the original or a duplicate thereof is received in the Home Office of the Company in New York, New York. The Company assumes no responsibility for the validity of such change or assignment. NOT, IN LIEU OF WORKMEN'S COMPENSATION: This Policy is not in lieu of and does not affect any requirement for coverage by workmen's compensation insurance. RECORDS MAINTAINED: The Policyholder shall maintain records of the Insured Persons showing, with respect to each Insured Person, the essential particulars of this insurance. EXAMINATION AND AUDIT: The Company shall be permitted to examine and audit the books and records of the Policy• holder at any reasonable times during the policy term and within 3 years after the final termination of this Policy or until final settlement of all claims hereunder, whichever is later, insofar as such books or records relate to the premium or subject matter of this insurance. CANCELLATION: The Company may cancel this Policy at any time by written notice delivered to the Policyholder, or mailed to the Policyholder's last address as shown by the records of the Company, staling when, not less than 31 days thereafter, such cancellation shall be effective; and after the Policy has been continued beyond its original term the Policyholder may cancel this Policy at any time by written notice delivered or mailed to the Company, effective on re- ceipt or on such later date as may be specified in the notice. In the event of such cancellation by either the Company or the Policyholder, the Company shall promptly return the unearned premium paid, if any, and the Policyholder shall promptly pay the earned premium, if any, which has not been paid. If the Company cancels, the earned premium shall be computed pro rata; if the Policyholder cancels, the earned premium shall be computed on the customary short rate basis. Such cancellation shall be without prejudice to any claim originating prior to the effective date of such can- cellation. IN] TOTAL DISABILITY-ACCIDENT INDEMNITY INSERT Effective Date and Time: September 109 1974 — 12:01 A. M. Policy Number: SHA $ 45 77 This Insert takes effect as of the Effective Date and Time stated above and forms a part of and is subject to all the exceptions, provisions, limitations and terms of the Policy designated above as are not inconsistent herewith. With respect to the indemnity hereinafter provided, "injury" wherever used in the Policy or this Insert shall mean in- jury (as defined in the insuring clause of the Policy) sustained in the manner and under the circumstances described in the Hazards Insert bearing the Hazards Insert Symbol designated in item B of the Schedule of Insurance as applicable with respect'to the classification of the Insured Person. TOTAL DISABILITY- ACCIDENT INDEMNITY If injury shall, within 30 days following the date of accident, wholly and continuously disable and prevent the Insured Person from performing any and every duty pertaining to his occupation, the Company will pay the Weekly h:dernity set forth in item C (4) of the Schedule of Insurance as applicable for the classification of the Insured Person, for the period during which the Insured Person shall be so disabled, not exceeding 52 consecutive weeks as the result of any one accident; provided, however, that if an Additional Period is set forth in item C (4) of the Schedule of Insurance as app- licable with respect to the classification of the Insured Person, the Company will continue the payment of such Weekly Indemnity during such Additional Period so long as the Insured Person shall be wholly and continuously disabled and prevented from engaging in any occupation or employment for wage or profit for which the Insured Person is fitted by reason of education, training and experience. Indemnity will be paid hereunder in addition to any other indemnitywhich the Insured Person may receive under the Policy. Nothing herein contained shall be held to vary, alter, waive or extend any of the exceptions, provisions, limitations or other terms of the Policy except as above stated. UNITED STATES FIRE INSURANCE COMPANY President n AH 448 "r r i r . ACCIDENT MEDICAL EXPENSE INDEMNITY 114SERT Effective Data and Time: August 26, 1974 — 12:01 A. M_ Policy Number: SHA 5 45 77 This Insert takes effect as of the Effective Date and Time stated above and forms a part of and is subject to oil the exceptions, provisions, limitations and terms of the Policy designated above as are not inconsistent herewith. With respect only to the indemnity hereinafter provided, "injury" wherever used in the Policy or this Insert shall mean injury (as defined in the insuring clause of the Policy) sustained in the manner and under the circumstances described in,the Hazards Insert bearingthe Hazards Insert Symbol designated in item B of the Schedule of Insurance as applicable with respect to the classification of the Insured Person. ACCIDENT MEDICAL EXPENSE INDEMNITY If injury shall require, commencing within 26 weeks following the date of occident, tha services of a legally nuolified physician, surgeon or graduate nurse, hospital confinement, ambulance t. ovd from the hospital, the use of apetoting room, anesthetic, X-ray examinations or treatments, laboratory tests, and, only as prescribed by the Insured Person's physician, drugs or medicines or any other therapeutic services or supplies, the Company will pay the expense actually incurred therefor, not to exceed the Maximum Limit set forth in item C (3) of tine Schedule of Insurance as applicablo for the classification of the Insured Person, as the result of any one accident with respect to the Insured Person, Nothing herein contained shall be held to very, alter, waive or extend any of the exceptions, provisions, limitations or other terms of the Policy except as above stated. UNITED STATP.S FIRE INSURA!i CF C0:vTT1_1NY Cres:Cent AM �9 f t ACCIDENTAL DEATH, DISMEMBERMENT AND LOSS OF SIGHT INDEMNITY INSERT Effective Date and Time: August 26, 1974 — 12:01 A. M. Policy Number: SHA 5 45 77 This Insert takes effect as of the Effective Date and Time stated above and forms a part of and is subject to all the exceptions, provisions, limitations and terms of the Policy designated above as are not inconsistent herewith. With respect only to the indemnity hereinafter provided, "injury" wherever used in the Policy or this Insert shall mean -injury (as defined in the insuring clause of the Policy) sustained in the manner and under the circumstances described in the Hazards Insert bearing the Hazards Insert Symbol designated in item B of the Schedule of Insurance as applic- able with respect to the classification of the Insured Person. ACCIDENTAL DEATH, DISMEMBERMENT AND LOSS OF SIGHT INDEMNITY If injury shall result in any one of the following specific losses within 180 days following the date of accident, the Company will pay the amount set opposite the loss, based upon the Principal Sum set forth in item C (1) ofthe Sched- ule of Insurance as applicable forth* classification of the Insured Person, but only one of such specified amounts., the greatest, shall be paid for any one accident with respect to the Insured Person. ForLoss of: Life... .. ................................................................... .............................. a.............................................. The Principal Sum BothHands or Both Feet ......................................................... ............................... ............................The Principal Sum The Entire Sight of Both Eyes ............................................... ............................... ............................The Principal Sum OneHand and One Feet ............................................................. ............................... ............................The Principal Sum One Hand and the Emir* Sight of One Eye ........................ ............................... ............................The Principal Sum One Foot and the Entire Sight of One Eye ................................................... ............................... The Principal Sum One Hand or One Foot ........... _ ...................................................... ............................... One-half of The Principal Sum The Entire Sight of One Eye ............................ ............................... ............................One -half of The Principal Sum "Loss" as above used shall mean, with reference to hand or foot, actual severance through or obove the wrist or ankle ioint. Loss of sight of an eye shall mean the entire and irrecoverable lass of the sight thereof. AGGREGATE LIMIT OF LIABILITY Notwithstanding the limit of indemnity specified above for each Insured Person, the Company's Maxim um Limit of Lio- bility far the total of all such indemnity arising out of any one accident shall be the Maxinum Limit of Liability stated in item C (1) of the Schedule of Insurance. In the event that such Maximum Limit of Liability is insufficient.to pay the full amount of indemnity for each Insured Person, then the amount of indemnity paid for each Insured Person shall be in the some proportion to the limit specified for such Insured Person as such Maximum Limit of Liability bears to the total loss. DISAPPEARANCE If the body of the Insured Person has not been found within one year after the time of disappearance or sinking of any conveyance being used at such time by the Insured Person for the purpose of engaging in any activity described in and not excepted from the Hazards Insert bearing the Hazards Insert Symbol designated in item B of the Schedule of Insurance as applicable with respect to the classification of t6 Insured Person, it will be presumed that injury re- sulted in loss of life within 180 days following the date of accident. Nothing herein contained shall be held to vary, alter, waive or extend any of the exceptions, provisions, limitations or other terms of the Policy except as above as stated. MATED STATES FIRE INSURANCE COMPANY AH ut President °"6z, - —: SPBCIAL ACTIVITIES SR -1 COVERAGE Activity: Manpower Developm4mt Classes (including, but not Symbol: SR -1 limited to, Nursing, Vocational Business, Welding, Cosmetology, Rotrigeratioa & Air Conditioning and Diesel Mechanics). This Insert takes effect as of the Effective Date and Time stated in the Policy and forma a part of and is subject to all the exceptions, provisions, limitations and other terms of the Policy to which it is attached as are not inconsistent herewith. As used in this Insert, the words "insured Person" shall mean any Insured Person within the class(es) for which the Policy affords coverage with reference to the hazard hereinafter described, as designated in item B of the Schedule of Insurance by the Hazards Insert Symbol set forth above. Description of Hazards The hazards against which insurance is provided under the Policy are injury sustained any- - where in the world by the Insured Person while engaged in the activity shown above super- vised or sponsored by the Policyholder. Travel by the Insured Person OW (is not) covered while traveling directly between his home premises and the place of such activity. AH 455 ti UNITED STATES FIRE INSURANCE COMPANY - - PRESIDENT _/1 c- r,.Ts�:sY ,�ar�,.� -ter -�; �...,.: . _ .� ._ ..:- �- rr•r -ee -= a t,= -.::?, :r�r;.- as��.�itr,�.x�- ;:�Ffi�: an:r, 11tife "lute# fire ho- urance &mvlllritu (A Stock Company Hereinafter Called the Company) DOES HEREBY AGREE with the Applicant (hereinafter called the Policyholder) named in item I of the Application, a copy of which is attached hereto and is made a part hereof, in consideration of the payment of the premium by the Policyholder and subject to the exceptions, limitations, provisions and other terms of this Policy and of attached Inserts, to pay the benefits designated in item C of the Schedule of Insurance for loss resulting directly and independently of all other causes from injury sustained by any person (hereinafter called the Insured Person) denoted in item A of the Schedule of Insurance. "Injury" wherever used in this Policy means bodily injury caused by accident occurring while this Policy is in force with respect to the Insured Person whose injury is the basis of claim and sustained under the circumstances and in the described in the attached Hazards Insert(s). EFFECTIVE DATE—POLICY TERM — CANCELLATION This Policy takes effect as of the Effective Date and Time stated in item II of the Application and continues in force for the period ending as of the Expiration Date and Time therein staled, unless cancelled in accordance with the Policy Provision titled "Cancellation" unless otherwise provided in item E of the Schedule of Insurance. "Time" wherever used in this Policy shall be Standard Time at the Policyholder's address stated in item I of the Application. RENEWABILITY j This Policy may be renewed for like periods with the consent of the Company, subject to the Policy Provision titled "Cancellation ", by the payment in advance by the Policyholder of the renewal premium determined on the basis of r the Company's premium rate in force for this insurance at time of renewal, unless otherwise provided in item E of the Schedule of Insurance. PREMIUM The advance premium for this Policy is either: (a) a Flat Term Premium, if so designated in item D of the Schedule of Insurance; or (b) a Deposit Premium which shall be applied against the earned premium to be computed upon expira- tion of the term of this Policy on the basis stated in item D of the Schedule of Insurance '(if the earned premium thus computed exceeds the advance premium paid, the Company will notify the Policyholder who shall immediately pay the excess to the Company; if less, the Company shall immediately refund to the Policyholder the unearned portion paid by such Policyholder). ELIGIBLE PERSONS — EFFECTIVE AND TERMINATION DATES OF INDIVIDUAL INSURANCE 1 The persons eligible for inclusion as Insured Persons shall be all persons denoted in the classifications described in item A of the Schedule of Insurance. Any such eligible person shall automatically become an Insured Person with t ;q respect to the hazards covered and benefits designated in items B and C of the Schedule of Insurance for such class: `r i fication on the date he comes within such classification. -i e Coverage with respect to any Insured Person shall immediately terminate on the termination date of this Policy or at the 1 time such person ceases to come within any such classification, whichever is earlier; provided, however, that such ter- mination shall be without prejudice to any claim originating prior thereto. t Form AH -119P s � EXCLUSIONS This Policy does not cover any loss, fatal or non - fatal, caused, by or resulting from: (I) suicide while sane or insane (in Missouri, while sane) or intentionally self - inflicted injury; or (2) infections except pyogenic infections caused wholly by injury; or (3) war or act of war, or accident occurring while the Insured Person is in the military, naval or air service of an country (any premium paid to the Company for any period no: covered by this Policy while the Insured Persoi is in such service will be returned pro rata); or (4) accident occurring while the Insured Person is operating, or learning to operate, or performing duties as c member of the crew of any aircraft, except to the extent permitted and specifically described in the attaches Hazards Policy Insert(s). POLICY PROVISIONS ENTIRE CONTRACT; CHANGES: This Policy (including the endorsements and attached papers) and the Application of I he Policyholder constitute the entire contract between the parties, and any statement made by the Policyholder shall be deemed a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits under this Policy or be used in defense to a claim hereunder unless it is contained in a written application. No change in this Policy shall be valid unless approved by an executive officer of the Company and unless such approval be en- dorsed hereon or attached hereto. No agent has authority to change this Policy or to waive any of its provisions. NOTICE OF CLAIM: Written notice of claim must be given to the Company within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant or the beneficiary to the Company at its Home Office in New York, New York, or to any authorized agent of the Company, with information sufficient to identify the Insured Person, shall be deemed notice to the Company. CLAIM FORMS: The Company, upon receipt of a written notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice the claimant shall be deemed to have Compiled with the requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for filing proofs of loss, written proof covering the occurrence, the char- acter and the extent of loss for which claim is made. PROOFS OF LOSS: Written proof of loss must be furnished to the Company at its said office, in case of claim for loss for which fills Policy provides any periodic payment contingent upon-continuing loss, within 90 days alter the termina- tion of the period for which the Company is liable, and in case of claim for any other loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it wets not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible. TIME OF PAYMENT OF CLAIM: Indemnities payable under this Policy for any loss other than loss for which this Policy provides periodic payments will be paid as they accrue immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for loss for which this Policy provides periodic payment will be paid weekly and any balance remaining unpaid upon termination of the period of liability will be paid immediately upon receipt of due proof. - -- - -.r4�11l s • SHA 5 45 77 APPLICATION AND SCHEDULE OF INSURANCE FOR SPECIFIED HAZARDS ACCIDENT POLICY ( [� UNITED STATES FIRE INSURANCE COMPANY p , ❑ THE NORTH RIVER INSURANCE COMPANY WESTCHESTER FIRE INSURANCE COMPANY INTERNATIONAL INSURANCE COMPANY ' APPLICATION Application is hereby made to UNITED STATES FIRE INSURANCE COMPANY, New York, N. Y. for a Specified Hazards Accident Policy providing coverage as hereinafter described in the Schedule of Insurance. 1. Name of Applicant Del Her College Address Corpus Christi, Texas Nature of Business or Organization Educational II. Effective Date and Time August 26 1974 — 12:01 A. M. Expiration Date and Time August 2 , 1975 - 12:01 A. M. SCHEDULE OF INSURAW -E A. The classes of persons to be insured are: Class A - All students participating in Manpower Development classes sponsored and supervised by the Policyholder. B. The hazards covered with respect to each class shall be as described on the Hazards Insert Symbol(s) as follows: Class: A Hazards Insert Symbol(s): SR -1 (Rider AH 455) C. The following indemnities are provided: (1) AScidental Death. Dismemberment and Loss of Sight Indemnity. Maximum Limit of Liability: $ not applicable Class: A Principal Sum: $1,000.00 per person (2) Accidental Death Only Indemnity. Maximum Limit of Liability: $ Class: Principal Sum: Included in C (1) above (3) Accident Medical Expense Indemnity. Class: A Maximum Limit: $1,000.00 per person - (4) Total disability - Accident Indemnity. Class: Weekly Indemnity: not covered Additional Period (if any): (5) 1C tf�er: none D. The premium for the Policy shall be: $4{)0.00 based on 100 students at $4.00 each E. The Policy is hereby amended as follows: no amendments Dated at Corpus Christi, Texas this 26th day of August 19 f �— (witness) Del ,Dt/ r� Colle eyj�- (Applicant) Watts Insurance .—(Agent) fk �I✓= u`!'' Corpus Christi, Texas Title AH 119 APP. .-cif 8 No. ' In consideration of the payment of an additional premium of $250.00 it is hereby agreed that TOTAL DISABILITY - ACCIDENT INDEMNITY INSERT, AH 448, shall be made a part of this policy_ It is further agreed that Item C (4) of the Schedule of the policy shall be amended to read: Class: A Weekly Indemnity: $63.00 Additional Period (if any): None • This Rider is effective on 19_74_ , at the same hour indicated in the Policy as the effective hour. Nothing herein contained shall be held to vary, alter, waive or extend any of the Agreements, Exclusions or Conditions of the Policy other than as above stated. Attached to and forming part of Policy No. SHA 5 45 77 _ ..is�.ued by ..United States hire INSURANCE COMPANY, New York, N. Y. To _ ........... Del . Mar . Coll�ej. 8�( e'_ ... ...... .- .j..L...�_..__..__.__ _..._........__... oG.. _.. ....Corpus ,Christi,_Texas_��_ Countersigned by.�,___._,_.., licensed ResiBent Agent AH{3 PRESIDENT P l ^� No. In• consideration of payment of an additional premium of $975 -00 it is hereby understood and agreed that the number of students insured under this policy shall be increased from 150 to 300_ This Rider is effective on...-- __.— ._._.A£Cetat)er...l� �.�.__._._. indicated in the Policy as the effective hour. _. 19. 7A—, of the sump hour Nothing herein contained shall be held to vary, alter, waive or extend any of the Agreements, Exclusions or Conditions of the Policy other than as above stated. Attached to anti forming part of Policy No. SHA 5 45 77 INSURANCE COMPANY, New York, N. Y. ... ...._.._.issued by _.United States Fire To Del Mar College Countersigned by Licensed Resi�etit Agent V AH 4)] President +• q. No. .F j Ir_ comideration o.° an additional areraiva of $325.OJ it is hereby agrocd that Cie rimaber of students insured under tais Policy :;wail be increased from.. 100 to 150. This Rider is effective on __._...._._ __ ___..._Nov __ ..._ Novcm,ger , 19­74 .. at the same hour indicated in the Policy as the effective hour. Nothing herein contained shall be held to vary, alter, waive or extend any of the Agreements, Exclusions or Conditions of the Policy other than as above stated. Attached to and forming part of Policy No. SI- :h 5 45 77 issued by Uni 4f. St ;i Pa „r ;re _ INSURANCE COMPANY, New York, N. Y. To i)al :far College _ _ _ of _ Cor �s. C iristiy _e__a Countersigned by .._. �'�! C?Ld _.. Licensed Residen Agent AH Ur President CERTIFICATES FOR INSURM PERSONS: The Company will issue to the Policyholder, for delivery to each Insured Per- son, an individual certificate setting forth a statement as to the insurance protection to which the Insured Person is en- titled and to whom indemnities provided by this Policy are payable. CONFORMITY WITH STATE STATUTES: Any provision of this Policy which, on its effective date, is in conflict with the statutes of the state in which the Policy is delivered is hereby amended to conform to the minimum requirements of such statute& IN WITNESS WHEREOF, the UNITED STATES FIRE INSURANCE COmPA?NY. NEW YORK, NEW YORK, has caused this Policy to be signed by its President and Secretary, but it shall not be huidmg upon the Company unless countersigned by a duly authorized agent. USstnrlal+�l �ja'pZy�J ��ei�G�07s/_ President Co'uaisidgned Licensed Resident Agent €S nM m Cli Tt m m Z CT) tr ON :�' (D I 7C7 lufte� OfaW Rim Youranne Crfimuantt (A No& Coc y=y Hoteiaafter Called the ComParly) DOES HEREBY AGREE with the Applicant (hereinafter called the Policyholder) named in item I of the Application, a 6opy of which to attached hwoto and is made a part hereof, in consideration of the payment of the premium by the Policyholder and subject to the sates, limlttdions, provisions and other terms of this Policy and of attached Inserts, to pay the benefits designated in Item C of alt. $module of Insurance for loss resulting directly and independently of all other causes from injury suskdned by any person (hereinafter called the Insured Person) denoted in item A of the Schedule of Insurance. "InW' wherever used in this Policy means bodily injury caused by accident occurring while this Policy is in force with respect to the Insured Person whose injury is the basis of claim and sustained under the cIrcuarsi aces and in the mazer described In the attached Hazards Insert(s). MT=TiVE DATE — POLICY TERM— CANCELLATION This Policy takes effect as of the Effective Date and Time stated in item II of the Application and continues in force for the period ending cis of the Expiration Date and Time therein stated, unless canceiled in accordance with the Policy Provision titled "Ckmicellation' unless otherwise provided in item E of the Schedule of Insurance. "Time" wherever used in this Policy shall be Standard Time at the Policyholder's address stated in item I of the Application. RENEWABILITY This Policy may be renewed for like periods with the consent of the Company, subject to the Policy Provision titled "Cancellation ", by the payment in advance by the Policyholder of the renewal premium de!errnined on the basis of the Company's premium rate in force for this irwrance at time of renewal. unless ot:^.erw.se provided in item E of the Schedule of Insurance. PREMIUM The advance premium for this Policy is either: (a) a Flat Term Premium• if so designated in item D of the Schedule of F Insurance; or (b) a Deposit Premium which shall be applied against the e^._^:ed pre-:,um to b� computed upon expira- tion of the term of this Policy on the basis stated in item D of the Schedule of Insurance (r: the earned premium thus .� computed exceeds the advance premium paid the Company will notify the Policyholder who shall immediately pay the ; 3 excess to the Company; if less, the Company shall immediately refund to the Policyholder the unearned portion paid by !1 such Policyholder). ELIGIBLE PERSONS — EFFECTIVE AND TERMINATION DATES OF INDIVIDUAL INSURANCE ` ti The persons eligible for inclusion as Insured Persons shall be all persons denoted in the classifications described in item A of the Schedule of Insurance. Any such eligible person shall automatically become an Insured Person with tJ respect to the hazards covered and benefits designated in items B and C of the SeneduIe of insurance for such classi- fication on the date he comes.within such classification. Coverage with respect to any Insured Person shall immediately terminate on the termination date of this Policy or at the time such person ceases to come within any such classification, whichever is e::r:ier, provided, however, that such ter - lal mination shall be without prejudice to any claim originating prior thereto. �1 Form AH -119P ?�'. ��._: ��. ti: v��Y3anIIEr- •R'1iSC.7•irO- iT'nIr='L'x' T.i:i. X_ i f SPECIAL ACTIVITIES Activity: Attending vocational training classes SR -1 COVERAGE Symbol: SR -1 L _ This Insert takes effect as of the Effective Date and Time stated in the Policy and forms a part of and is subject to all the exceptions, provisions, limitations and other terms of the Policy to which it is attached as are not inconsistent herewith. As used in this Insert, the words "Insured Person" shall mean any Insured Person within the class(es) for which the Policy affords coverage with reference to the hazard hereinafter described, as -- designated in item H of the Schedule of Insurance by-the Hazards Insert Symbol set forth above. Description of Hazards The hazards against which insurance is provided under the Policy are injury sustained any- where in the world by the Insured Person while engaged in the activity shown above super- vised or sponsored by the Policyholder. Travel by the Insured Person (=1 (is not) covered while traveling directly between his home premises and the place of such activity. UNITED STATES FIRE INSURANCE COMPANY PRESIDENT AH 455 ' r f SPECIAL ACTIVITIES Activity: Attending vocational training classes SR -1 COVERAGE Symbol: SR -1 L _ This Insert takes effect as of the Effective Date and Time stated in the Policy and forms a part of and is subject to all the exceptions, provisions, limitations and other terms of the Policy to which it is attached as are not inconsistent herewith. As used in this Insert, the words "Insured Person" shall mean any Insured Person within the class(es) for which the Policy affords coverage with reference to the hazard hereinafter described, as -- designated in item H of the Schedule of Insurance by-the Hazards Insert Symbol set forth above. Description of Hazards The hazards against which insurance is provided under the Policy are injury sustained any- where in the world by the Insured Person while engaged in the activity shown above super- vised or sponsored by the Policyholder. Travel by the Insured Person (=1 (is not) covered while traveling directly between his home premises and the place of such activity. UNITED STATES FIRE INSURANCE COMPANY PRESIDENT AH 455 � o FIC', P�tlll ACCIDENTAL DEATH, DISMEMBERMENT AND LOSS OF SIGHT INDEWITY INSERT Effective Dote and Time: September 3t 1974 — 12:01 A. M. Policy Number: SIr.A 5 46 03 This Insert takes effect as of the Effective Date and Time stated above and forms a part of and is subject to all the exceptions, provisions, limitations and terms of the Policy designated above as are not inconsistent herewith. With respect only to the indemnity hereinafter provided, "injury" wherever used in the Policy or this Insert shall mean injury (as defined in the insuring clause of the Policy) sustained in the manner and under the circumstances described in the Hazards Insert bearing the Hazards Insert Symbol designated in item B of the Schedule of Insurance as applic- able with respect to the classification of the Insured Person. ACCIDENTAL DEATH, DISMEMBERMENT AND LOSS OF SIGHT INDEMNITY If injury shall result in any one of the following specific losses within 180 days following the date of accident, the Company will pay the amount set.spposito the loss, based upon the Principal Sum set forth in item C (1) of the Sched- ule of Insurance as applicable forth* classification of the Insured Person, but only one of such specified amounts, the greatest, shall be paid for any one accident with respect to the Insured Person. ForLoss of: Life .. ... _ ................................................................... ............................... ..... The Principal Sum Both Hands or Both Feet ....... ............................... ....... .... ..... . _ . , _ The Principal Sum The Entire Sight of Both Eyes .................. ...................... .. .... The Principal Sum One Hand and One Foot .... ............................... .. ... ... .. .. ... The Principal Sum One Hand and the Erdire Sight of One Eye ................... The Principal Sum One Foot and the Entire Sight of One Eye ................. .. The Principal Sum One Hand or One Foot ................................ ............................... ., One -half of The Principal Sum The Entire Sight of One Eye .................. ............................... .. _ One -half of The Principal Sum "Loss" as above used shall mean, with reference to hand or foot, actual severance throuc� or above the wrist or ankle joint. Loss of sight of an eye shall mean the entire and irrecoverable loss of the sight thereof. I AGGREGATE LIMIT OF LIABILITY Notwithstanding the limit of indemnity specified above for each Insured Person, the Company's Ma —mum Limit of Lia- bility far the total of all such indemnity arising out of any one accident shall be the Nioxirum Lim"t of Liability stated in item C (1) of the Schedule of Insurance. In the event that such Maximum Limit of Liability is visufficient to pay the full amount of indemnity for each Insured Person, then the amount of indemnity paid for each Insured Person shall be in the some proportion to the limit specified for such Insured Person as such '- :.annum Limit of L ability bears to the total loss. DISAPPEARANCE If the body of the Insured Person has not been found within one year after the time of disappearance or sinking of any conveyance being used at such time 6y the Insured Person for the purpose of engaging in any activity described in and not excepted from the Hazards Insert bearing the Hazards Insert Symbol designated in item B of the Schedule of Insurance as applicable with respect to the classification of the Insured Person, it will be presumed that injury re- sulted in loss of life within 180 days following the date of accident. Nothing herein contained shall be held to vary, alter, waive or extend any of the exceptions, provisions, limitations or other terms of the Policy except as above as stated. AN 177 UNix-D STWZS FlEd: I1SURr1NCE CONIPA\Y President � 0 r. ACCIDENT MEDICAL EXPENSE INDEMNITY INSERT Effective Date end Time: September 39 1974 — 12:01 A. M. Policy Number: SHA 5 46 03 This Insert takes effect as of the Effective Date and Tjms stated above and forms a part of and is subject to all the exceptions, provisions, limitations and terms of the Policy designated above as are not inconsistent herewith. With respect only to the indemnity hereinafter provided, "injury" wherever used in the Policy or this insert shat l mean Injury (as defined in the insuring clause of the Policy) sustained in the manner and under the circumstances described in the Hazards Insert bearingthe Hazards Insert Symbol designated in item B of the Schedule of Insurance as applicable with respect to the classification of the Insured Person, ' ACCIDENT MEDICAL EXPENSE INDEMNITY If injury shall require, commencing within 26weeks following the date of accident, the services of a legally qualified physician, surgeon or graduate nurse, hospital confinement, ambulance to and from the hospital, the use of operating room, anesthetic, X-ray examinations or treatments, laboratory tests, and, only as prescribed by the Insured Person's physician, drugs or medicines or any other therapeutic services or supplies, the Company will pay the expense actually incurred therefor, not to exceed the Maximum Limit set forth in item C (3) of the Schedule of Insurance as applicable for the classification of the Insured Person, as the result of any one accident with respect to the Insured Person. Nothing herein contained shall be held to vary, alter, waive or extend any of the exceptions, provisions, limitations or other terms of the Policy except as above stated. AH 40 tMTED STATES F11— IN'SURANCl? C0.N1P _'\Y lr� /114441kk P�zs�Qtnt NECUIXONS r This Policy does not cover any Ion, fatal ar can- fatal, oaused by or resulting from: (1) suicide while sane or insone (in Missouri, while sane) or intentionally self - inflicted injury;'or (2) infections except pycgenic infectiasrs caused wholly by injury, or (3) war or act of war, or accident occurring while the insured Person is in the military, naval or air service of any country (any premium paid to the Company for any period not covered by this Policy while the Insured Person is in such service will be returned pro rata); or (4) accident occurring while the Insured Person is operating, or learning to operate, or performing duties as a member of the crew of any aircraft, except to the extent permitted and specifically described in the attached Hazards Policy Insert(s). POLICY PROVISIONS ENTIRE CONTRACT; CHANGES: This Policy (including the endorsements and attached papers) and the Application of the Policyholder constitute the entire contract between the parties, and any statement made by the Policyholder shall be deemed a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits under this Policy or be used in defense to a claim hereunder unless it is contained in a written application. No change in this Policy shall be valid unless approved by an executive officer of the Company and unless such approval be en- doraed hereon or attached hereto. No agent has authority to change this Policy or to waive any of its provisions. NOTICE OF CLAIM: Written notice of claim must be given to the Company within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant or the beneficiary to the Company at its Home 01fice to New York, New York, or to any authorized agent of the Company, with information sufficient to identf!y the ln",ed Person, snail be deemed notice to the Company. CLAIM FORMS: The Company, upon receipt of a written notice of claim, will furnish to the cla ?mart such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within 15 days after the giving of -such notice the claimant shall be deemed to have complied with the req.1iremerts of this Policy c-, to proof of Icss upon submitting, within the time fixed in the Policy for filing proofs of loss, written proof covering the occurrence, the char- acter and the extent of loss for which claim is made. PROOFS OF LOSS: Written proof of loss must be furnished to the Company at its said office, in case of claim for loss for which this Policy provides any periodic payment contingent upon continuing loss, within 99 days after the termina- tion of the period for which the Company is liable, and in case a! claim for any other loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required snail not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such pr eof is furnishes as soon as reasonably possible. TIME OF PAYMENT OF CLAIM: Indemnities payable under this Policy for any loss other than ions for which this Pclicy provides periodic payments will be paid os they accrue immediately ups:: rectnpt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for !oss fcr v,hich this Policy provides periodic payment will be paid weekly and any balance remaining unpaid upon termina cn cf the perfcd of liabih!y v:ill be paid immediately upon receipt of due proof. � o f, as of life Trill be payable in accordan rith the beneficiary designation and FJYMW OF CLADAS: Indemnity fins j; *v1slons to@pecting such payfnait which may be prescribed herein and effective at the time of payment. If no mach dedgnatica or provision is than effective, such indemnity shall be payable to the estate of the Insured Person. Any other ac sited indemnities unpaid at the Insured Persons death may, at the option of the Company, be paid either to sash berufiaaty or to such estate. All other indemnities will be pdyable to the Insured Person, All or a portion of the indemnities, if any, provided by this Policy on account of hospital, nursing, medical or surgical service will, upon written request of the Insured Person not later than the time of filing proofs of such loss, be paid dbvcUy to the hospital or person rendering such services; but it is not required that the service be rendered by a par - ticltiar hospital or person PHYSICAL EXAMINATION AND AUTOPSY: The Company at its own expense shall have the right and opportunity to aaoatine the person of any individual whose injury is the basis of claim when and as offer, as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by lcrvr. LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this Policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished. DESIGNATION AND CHANGE OF BENEFICIARY; ASSIGNMENT: The Insured Person shall have the right, on forms banished to the Policyholder by the Company, to designate a beneficiary or beneficiaries. The right to change of bene- ficiary is reserved to the Insured Person and the consent of the benehctn:y or beneficiaries shall not be requisite to surrender or assignment of the insurance coverage with respect to v:i';: h the beneficiary designation has been made or to any change of beneficiary or beneficiaries, or to any other change .r, so:d coverage or in the Policy. No change of beneficiary or assignment of interest under the Policy shall be binding upon the Company until the original or a duplicate thereof is received in the Home Office of the Company in New York, New York. The Company assumes no responsibility for the validity of such change or assignment. NOT IN LIEU OF WORKMEN'S COMPENSATION: This Policy is not in lieu of and does not a!fect any requirement for coverage by workmen's compensation insurance. RECORDS MAINTAINED: The Policyholder shall maintain records of the Insured Persons show ng, with respect to each Insured Person, the essential particulars of this insurance. - EXAMINATION AND AUDIT: The Company shall be permitted to examine and audit the books and records of the Policy holder at any reasonable times during the policy term and within 3 years after the final te::,nnation of this Policy or until final settlement 6f all claims hereunder, whichever is later, insofar as such books or records relate to the premium or subject matter of this insurance. CANCELLATION: The Company may cancel this Policy at any time by written notice delivered to the Policyholder, cr mailed to the Policyholder's last address as shown by the records of the Company, stating v: hen, not less than: 31 days thereafter, such cancellation shall be effective; and after the Policy has keen continued beyond its oriainal term the Policyholder may cancel this Policy at any time by written notice delivered or mailed to the Company. effective on re- ceipt or on such later date as may be specified in the notice. In the event of such cancellation, by either the Company or the Policyholder, the Company shall promptly return the unearned pretntur, rc ;d, it any, and the Policyholder shall promptly pay the eamed premium, if any, which has not been paid. If the L ::nWny cancels, the earned premium shall be computed pro rata; if the Policyholder cancels, the earned prem:urn s:r J! be c,­ :ipu;ed on the customary short rate basis. Such cancellation shall be without prejudice to any claim or:gUrntuia pric.- to the effective date of such can- cellation. __ 0 0 APPLICATION AND SCHEDULE -Of 110URANCE FOR SPECIFIED usZ,&RDS ACCIDENT POLICY ® L .IHD STATES FIRE INSURANCE COI, ANY s 0 TIM NORTH RIVER INSURANCE COMPANY WffiIQ-IHSiER FIRE INSURANCE COMPANY INTERNATIONAL INSURANCE COMPANY APPLICATION Application is hereby rnode to (INITM STATES FIRE INSURANCE COMPANY, Now York, N. Y. for a Specified Hazards Accident Policy providing coverage as hereinafter described in the Schedule of Insurance. 1. Name of Applicant Bee County College Address Beeville, Texas Nature of Business or Organization Vocational Training it. Effective Dote and Time September 3, 1974 - 12:01 A. I.I. Expiration Date and Time September 3, 1975 — 12:0 A. :I. SCHEDULE OF INSURANCE A. The classes of persons to be insured are: Class A - All students attending vocational training classes of the Policyholder. B. The hazards covered with respect to each class shall be as described an the Hazards Insert Symbol(s) as follows: Class: A Hazards Insst Symbol(.): SR -1 (Rider AH 455) C. The following indemnities are provided: (1) Accidental Death. Dismemberment and Loss of Sight lndemnity. Maximum Limit of Liability: S not applicable Class: A Principal Sum: $11000.00 per person (2) Accidental Death Only Indemnity. Maximum Limit of Liability: $ Class: Principal Sum: Included in C (1) above (3) Accident Medical Exoense Indemnity. Class: A Maximum Limit: $1t000-00 (4) Total Disability • Accident Indemniri. Class: A Weekly Indemnity: 563.00 Additional Period (if any): none (5) Qthql: None D. The premium for the Policy shall be: $429.00 (bases: on 66 students at $6.50 :cr s- cadent) E. The Policy is hereby amended as follows: no amendments Doted at Bnevi Ile, Texas thi s 3rd day of Sc 't, ­ b "r 19 1: (Witness) (Applicant) Sunntn,r & Gordon Tns- Anencv, Inc—i(Agent) P: Corpus Miristi, Texas Title AH Ill APP. * 10 CONTRACT SICNATURE SHEET J PRUM SPONSOR:- CONT°4CTOR: COASTAL BEND ile NPOWER CONSORTIMar COASTAL BEPID RURAL JOB DEVELOM EiiT P.O. Box 9277 111 N. Odes CORPUS CHRISTI, TEXAS 78408 SINTON, TEXAS, 78387 This contract is entered into by the Administrative Unit of the Coastal Bend :Manpower Consortium, hereinafter referred to as Prise Sponsor and Coastal Bend Rural Job Development hereinafter referred to is Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of 5�ages, including this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the information in this Contract is correct to the best of his knowledge and belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. CONTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 131,714 1. Funds carried in from previous program year are $ -0- 2. New funds obligated are 3. (For PIodi£ication use only) This Action the total CET?. funds obligated for this Contract by $ to (new level) S APPROVED FOR THE PRIME SPONSOR DAY OF 1975 BY: Signature R Marvin Townsend - City Manager Name and Title APPPOVED FOR THE CONTRACTOR DAY OF , 1975 Signature Richard Hatch - Board Chairmen Name and Title ATTEST: APPROVED DAY OF yYl y�K _ 1975 City Secretary Date V APPROVED: c. City Attorney DAY OF 1975 Director of Finance , EXH1B1 T - -p - -- TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. CETA PROGRAM PLANNING SUMMARY 3. BUDGET INFORMATION SUMMARY 4. PROJECT COMPONENT BUDGET 5. PROGRAM NARRATIVE 6. ASSURANCES AND CERTIFICATIONS 7. SPECIAL CLAUSES 8. AVAILABILITY OF FUNDS CLAUSE 9. CASH DEPOSITORY CERTIFICATE 10. SPECIAL BANK ACCOUNT 11. AUTHORIZATION FOR ADVANCE PAYMENT 12. CERTIFICATION OF ACCOUNTABILITY 13. BONDING REQUIREMENTS 14. INSURANCE REQUIREMENTS 15. ARTICLES OF INCORPORATION 16. BOARD ACTION 17. LIST OF BOARD MEMBERS AND COMMITTEES • ent CETA PROGRAM PLANNING SUMMARY C, TOTAI, Services (scams) 118 w sin Street C. GRANT YEAR a 31 Total C(I'dilmentl -ton d TYPIZ r 05 PACGRAM Si ton, Texas 78387 To • CM Titio 1 3. Mntia III 6pactly 11., 6-30-78 '-7-'30-75 2. pj?ticl. Pants carrla,4 fV1l'hf1WA- TIONS f"0;1 PMONAL r, F ICE use 01 2. M TIM 11 4. M Y1110 VI 0, Indirect e, OD 41natt L:n,ol M INST.,IUCTICINS FOR COMPLETING sticrIONS I It, ANU lit-­___. COUTRACT I(r. _�ATC Section 1: A 'Y (Total Ervollmenj$j Is hal)Ium of A•1 and A.2. 13 (Total TerniLrialicl is the sum of B.1 through T�r 3, oJ'Qn • C. PLAN'14CO CNnal tend U.S. C (Planned CWollinent It A minus B, Seoul .5 in L z a a 0 11 1 ' On It! rAlOr in Itne (a) Enttllnitntj In each Program WIVItY CUMUladvely through the grant yeu, Lnd In Us number of p.vilciparit: planned to be enrolled in 'activity adz eE uV u :1 each Pl(l at tho and of each quarter' alt"irler, Puthli)anl: who s%,concurtently enrolled In more thin one 11CHWILY should be counted In tech c activity In which they tro rolled, 7- _2 - Section 111'. Enter the cumulative number all p3rilciparilf In tach.:,,qmznj to be tAr0IILd durVe I!..- Pafl should lan counted in at many ci yc?,, OnVicaM I.Vmcnt groups as are opplicl 1. CNR014:M.C.NT AN111C11A11NATION SUMMARY • A. TOTAL C, TOTAI, 31 Total C(I'dilmentl 1L crest 2. pj?ticl. Pants carrla,4 fV1l'hf1WA- TIONS I • aniark e4vowly7fl, 1. Direct 0, Indirect e, OD 41natt L:n,ol M 2. Ol r-owtivo 3, oJ'Qn • C. PLAN'14CO CNnal tend f L _L f I I j- 1210 112 1 1422 --1 12.1, _j__j_j_j 'i 1 4 WA 1 1491 kr 0 G 0 2 2 I I I L t _L 73 -uricnily Cnrvllod 0 11 Total CAlulill C I� b I Currently ,.0 at all t 1� I a) TOIZI Enrollmajilt Currently Ea'cr'as 1 0 1' b) 7 SICNIFICANT SCUMENTS PLANNED E-NnOLLMENTS IN PnOGIIAM ACTIVITIES IV, OTHER ACTIVITIES A n C D E F CLASsnooM TRAININO on-the-job Pub. sorh,.e Work other NIM fc-1. Vat. Co. TNInirl Drolal CnwlunC4 A at IvIllat IndIcusto other activttles or'liteclol progr3mr OA btuch- (Ill Dclerlbll their objecibAt east firt milestones 0 9' T7_ I I I I I toward Ibldr•ochlavamorl In a quantitalivo or Al o° 7 t 0 3 7 W. 1 I-L I I I I 7 1 1 L 0 i - I I I 1 1 1 1 J- JLL 7 1472-'Wr�,' 21 1 DO 35 4a p- Ill. SIGNIFICANT SIGNIFICANT SCOMCNTS V. n..SIGNATURC 3/31 0/30 Ica b. DATE SIGNED MA 7,10.1 il".11. 10,S) 6. ■ 31 Total Cm;Ilnleatr' [Ica 31 Total C(I'dilmentl -uricnily Cnrvllod 0 11 Total CAlulill C I� b I Currently ,.0 at all t 1� I a) TOIZI Enrollmajilt Currently Ea'cr'as 1 0 1' b) 7 SICNIFICANT SCUMENTS PLANNED E-NnOLLMENTS IN PnOGIIAM ACTIVITIES IV, OTHER ACTIVITIES A n C D E F CLASsnooM TRAININO on-the-job Pub. sorh,.e Work other NIM fc-1. Vat. Co. TNInirl Drolal CnwlunC4 A at IvIllat IndIcusto other activttles or'liteclol progr3mr OA btuch- (Ill Dclerlbll their objecibAt east firt milestones 0 9' T7_ I I I I I toward Ibldr•ochlavamorl In a quantitalivo or Al o° 7 t 0 3 7 W. 1 I-L I I I I 7 1 1 L 0 i - I I I 1 1 1 1 J- JLL 7 1472-'Wr�,' 21 1 DO 35 4a p- Ill. SIGNIFICANT SIGNIFICANT SCOMCNTS V. n..SIGNATURC 3/31 0/30 Ica b. DATE SIGNED MA 7,10.1 il".11. 10,S) 6. ■ e PROGRMJ COH•RES SUPPLEMENT TO THE CETA WA TITLE• I I. NUMBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM[ YEAR TO DATE. MONTH -YEAR II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CUMULATIVE PROJECTE EXPENDITURES BY PION JULY 70 $ 10,976_00 AUG. 140 21,952_00 ' SEPT.. 210 32,928.00 OCT. 280 43,904.00 NOV. 350 - - - 54•,880_00 DEC. 423 65,857.00 JAN. 493 76,857.00 FEB. 563 87,808.00 MARCH 633 98,785.00 APRIL 703 109,760.00 575 120,738.00• JUNE 850 131,714.00 INSTRUCTIONS I. Enter the total planned number of individuals who are planned to be served cumulatil each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the II. Enter the total planned number of individuals who will be in the program covered by this POP on the last day of each month. Only - individuals who have been declared . eligible for and are receiving services, training, or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals in March, June, September, and December should agree with the entries in Part 111B of the Ala W. sintoa S=Oot =,-eyn -'v pit 4nton, Texas 78387 M TWO 'It A. M YIIIQ V1 2 E3 ................. . Title it MR ltlGMNAL. 6MCr. USC JNLV DA"Ic (K.CO K u. a Us �T% I J H,TO 17 3 1 •3 E. OUDGIT SUMMARY COST CA'rCGGnl!:S CrANT PnocRAM FUNCTION On ACYIVITV tSTIMATCO (jNLXPCNCjC0 •UN NCW Oil fALMSCO ounclCy f. TOTA Id. Federal Non-Fo'Sora,, d. rellpfal 0. Nun-rcucw 1. Ad. C 3 _Lj i]- A E to. 6. Svrvicos 3 X22,.32 01'31 714 • F, Ct IIALILA NVE OUAnT•RLY PROJECTIONS OF OBLI AND EXPENDITURES m t1120 b. 12131 c. 3131 d. MO Col., 1 2 3 LULL] 1 137 1:a10 a l 1 1 J-1 LLL_L_ aq 1 198,17$91.901.1 1 L a 1 13 2:; 2 0 6 0 Obligations EX, 1,�rdj(urtt by Prog ram 3. C13irroorn 11 wining, Prime Sponv5r --om a-"�'-Io' T b, On-the-Job TrzinLll ji I A 15 1 2 D. 2' Mtl+� —L—Ujj—L.0 I I 'I I I I I I 1 -1 420 L i _LU 13-LLL J-1-L I I L L 1 1 1 1 G 1 4 .151 • e. Public ScivIct Employment 1 1 1 1 1 1 d. Wzr�. Experience 4 6'I I IA 11 t I Lc t, S•rviw to Carlicipanit 2 2 0 . t. C'mr Activiliet 3, proivwd R xpenditur et (or Vocational Filucation-in 2 I . 7 +L H+6 H -r7 .7 IF JF r I I I Srcclal Cranes to Cover norl - t I—E, Li_j 1.1 1 1 Ile JJI . I f I I I I I I . I f - - .1. hn:ecttd EgprndjIurct of ilon-Federial Funds Pullo, Not in I'mrile.S1 S: 1 1 I -1-1 J—LLLLL L_H 6• 0-mid T014 - ?I 0jitcted Expenditure, 001 -734 L1JJ_11 JL Id 65 J860. Do 863. 7 :h�� I L. 7 I-CjtjU0 ENDING 1— 173,o 10 17 32 9281. 1 .1 MA S . . . ........ M. 0 1 0 PROJECT M20M, M BUDGET m ZX TIT]:-- I TITLE 11 TITLE; III NAME OF CONTRkCTOR OR SUBC-M-,2✓: San Patricio County, CAA MICTION OR ACMUTY-- Job Referral Job Placement,_ MOUNT (1). AD' 2,111TISTRATM COST: 22, 191_00 2 VAGES.- (3) M4111I1`IG 0 (•) FRIME BE=ITS- ALLOrT 4.N E Cs 0 SERVICES= 109,323.00 s - T(A.AL L OIRIT- A31,714.00 7:' 0 0 .. 13ACK-UP SWPORT BUDG'EVS (1) ' AD2MISTRATVE COSTS �T•:GtJ 11 a. §T '47 COSTS: - - : "-2,520.00 b." FRiME BEITS; 260.00 C : ' COirSU.r4BT-3 OFFICE SU°PDTIES: '-41- 695.00 "d. PROGRAM EVALUATION- - e. ACCOTMTUTG SXSTc� -1:: : :.f. ;• i; +_4^r9G2-01T i �OBi��1TI0V SYSTEd: ' g. "STATE SE_TiV:[CES. COUPICIL: N/A — _ -:h. - PBL'•� 5 ?0`7503 PI,9 R72YiG COIPrCiL: - - Staff. 9,587 ` ' r J- R•mm "" ". Project 3,013— UTILITIES 1:" .CUSTODIAL Sr,'- RaCES: _ • '' II. " IPrDTR CT COSTS- u. STAB TFUALUTRTG• :o.. "TEMITIC_4, ASSIST9:rC_P: EgtTIP2 -=.IT CAPITAL" IZ- L°R0VM-MITS = s. PUBLIC4 ^s102 iS: _ AUDil SIRYICEs: .. - .= (soecity). Communications - .�= 4,934.00 (Spzcifr) `; Workmen's "- LompeClsation! X82.00 • ._ OT•'R " . (specify) , 'BO d' :100.00 x. OTHER: (Specify) _ SUB TOTAL - 22,391.00 0 B-ACK -UP SUPPO_AT BUDGETS n�rotr_� a. `' Annu a .Leave: Sick Leave: Cow Leave: _ - - .a- vtaxy "Leave: e. FICA: LiTe Insurance: _ g.'' Health Insurance: - .F. .. - h. •UnemployTent Insurance: "•i -' Wor�xan's tc=pansation: _ Retirement Benefits: k. ,Other: (Speciyy} -, I- Other: SUB-TOTAL- 5­ .7 _.. _ ALL61MICF S - _ ;`` SUB- TOTAL _ p _ 0 0 5 BACK U? SLP-PORr BUDGET (2) WAGES On-job-Training: b T ransit ional Sasidized MkDjqy=ea;t' C. Other: (Specify) d. Other.-. CSL—Cil-Y) -n '(3 TRAIMIG b. Fri-age Benefits: Tuitions: Entrance Fe es; e. 7: Books: :V- Teachert Alds z g.., Other: (Eoecify) Other: eal 7- 7- - d O BACK -UP SUPPORT 33U =_-_I _II S . MOW. (6) S- 7Y -LCES TO CLMITSc Child Care: - -- b.: Health Care: z .d. .Residential Support: _ _ e. Assistance is Securing Bonds _ Pami7y P2anniag: - a • - _ - - g: Outreach: 27;33' .00 -h. intake and : - _ •�•' - Assessment:- _ •- - - .. - i:. Orientation: : Counceling:I..'. _ -k. Job Development: - - -- Job Placement: - "'81,992_00 ' Ia. Other: (Specify) '- n. Other: (specify)- _ . 0.7 Other: (Specify) SUB—TO=' ::I09,323,00'. GRAND TOML ;131,71:4:00- - Pc"ITIOH TIT LIE SRLAAI peI "0. UhIT3 PA 'a ,rime • o.. x.. H.vm. wx K� TOTAL. P03_ ANowor Program Accountant % 2.42 52 1040 52 .50 2,520 TOTAL, STAPP TH13 V TOTALS L.,2�,520-'. z - FEIET T.TA L u3 ..ustno tnLr Mir c. TOTAL - COASTAL uEND RURAL EMPLOYMENT' SERVICE (COBRES) ' 118 41. Sinton Sinton, Texas I. ADMINISTRATION A. Salaries 1. Program Accountant 50% $ 2,520.00 Fringe Benefits 260.00 B. Staff Consumable Supplies 1,695.00 C. Staff Travel 9,587.00 D. Project Rental 3,013.00 E. Communications 4,934.00• F. Other Direct Costs Workmen's Compensation 282.00 Bonding 100_00 TOTAL ADMINISTRATION COSTS 17% X22,391.00 - II. SERVICES TO PARTICIPANTS • A. Participant Services ••Project'Salaries = 1 - Manpower Coordinator :9,600.00 4 — Interviewer /Counselor 30,542.00 _. 9 — Manpower Specialists I IT 61,587.00 Fringe Oenefits 7,594.00 SERVICE TO PARTICIPANTS $109,323 Total $131,714 Most items shown an preceediag pages will require detailed back-up support in -the form of a cost breakdown as to how the Contractor arrived at the cost figures. Attached is a sample format as to how this may be submitted. FIEMIL=Y OF COSTS Ar-i ri strative cost will not exceed 17 of.the total cost. The flexibility of costs between cost categories will depend upon the negotiated agreement between the Prime Sponsor and the Contractor/Subgrantee. 7 COASTAL BEND RURAL EMPLOY14ENT SERVICES COBRES WORK NARRATIVE A OBJECTIVES AK) NEEDS FOR THIS ASSISTANCE I COBRFS will provide job placement for the rural residents of the Coastal ',-lend Region. In the past fiscal year, COBRES has had in -4 operatioi. only job placement services.'.During the operation of the proje.ct:the need was evident to an OJT Component to provide a comprehensive approach to the - Manpower needs of the rural: re- sidents (f the Coastal Bend Region. 6 In. relation to other Manpower Programs a referial system is in oper- 4tion to Assist or make aware the participant to the services that can be provided to assist them in their employment needs- 2,.'* AA4JysJs'o;ff'Ndeds a. Throtigh'.the services provided by COBRES a general"economic outlook can be forecast: by noticing the employment trends within the 11- .county Manpower Consortium. Agri-business, construction, tiades• and services Seer} to be the stable areas of employment-for-1975: WiiJ e -rqqrr4fa1cturi.ng, retail And industries seem to be the areas of M5b ugen)ployrmt with no apparent change in the forecast for the b. Using labor foxce characteristics developed by TEC It was found that in 1974 the total civilian work force of the Coastal Bend AegrIon numbexecl 154,489 persons- Approximately 125,576 were non- fgrn and pi-,iary workers. By using this data supplied by TEC it is estInAted thqt the Manpower needs for 1976 will reach 60,033 :4._ 'Work Narrative Page 2 I 1 persons. This will include 16,884 poor and disadvantaged, 43,149 individuals near poverty. Further more projectior-s indicate that there are 15,049 unemployed and underutilized disadvantaged indivi- duals. Of these 1,404 are chronic unemployed, - while 13,654 are under- Utilized. In regards to population groups that are economicclly disadvantaged, unemployed, and - underemployed, 26.0 percent of the ;population of the Coastal send Region are within the border of the Poverty level income guidelines. This percentage is composed.of minorities within the 12-county region_ 76_4 percent are Spanish Ameri.x:ans, 17.9 Caucasians and 5_4 Black Americans. This constitutes 106,735 persons who are regarded as minorities and low- income individuals. ` c_ In identifying the area needs COBRES will concentrate in placing parti- cipants in construction, trades and services; and agri- business. This is where the potential for job placement is greatcit. Participants that will be served are those unskilled, semi -sXUI ed individuals that due to lack of occupational skills are unable to :tay in permanent job employment. d. COBRES will provide services to a segment of the population that are most in need. This group is composed of a minority which are Spanish Americans 50,213 which will be needing manpower services. %here will also ba 5,808 welfare recipients needing manpower services to ma:,e the transition from welfare into job employment. In regards to the occupations that will be given priority, that will be determined by the occupational needs that are defined by TEC as most promising in regards to stable employment. Mork Nar�atiye Page 3 3. COBRES will provide the following services: Client Intakes 4,000 Job Placement_ :Z8 Follow -Up Services On Participants 850 This will provide rural residents of the Coastal Bend Region cvith services through Job Referrals, Job Placement. Ibis will provide a comprehensive approach --o the individual needs of the participant requesting services from -mTA /'CO'BRES. RESULTS XM BENEFITS EXPECTED - 1. Participants will be provided services by COBRES through unsub- sidized, the main thrust :'or employment will be in those areas ` that have been described as stable for employment opportunities_ 2. COMES Will be implemented as a two phase project: a. -Job Referral 1,000 b- Job Placement -,650 ?lacements TOTAL PLAM ENTS _ 850 The above mentioned goals will be carried out by COBRES to provide a service to those that do rot have an occupational skill_..-This will provide an avenue in which they can utilize and upgrade -their work- able skills. -Under job placement, those individuals that possess or do not wish for one reason or another to further their occupational - - skills will be provided a service into straight employment through the efforts of CETA /COBRES, 3. On the Job Placement component, `he potential employee participant i and employer will reach an underc.tanding as to the employee's qual- Work Narrative ( y Page 4 ificat-ions _Eor employment. 4. CETII U)BRES will use the following to measure the performance under this project: (a) 851. completion rate on 1,000 job referrals• into unsub- sidized employment. (b) 100% completion on 1,000 job referrals. (c) At least 4,000 will provide labor market information. C. APPROACH 1. - CETA/COBRES was established at its conception primarily as a job referral program. Its sole respdnsibility was to assist CETA participants to find gainful employment. During the fiscal 'year a component was added (work experience) to provide a service to indi- viduals that lacked occupational skills.- Now, :the need is self - evident that an OJT component is necessary to provide participants an opportu- n1ty to find meaningful employment among the provate sector of'the community. Now, in 1975 -76 COBRES can fully offer a comprehensive approach to the 29anpower needs of the rural residents of the Coastal :@en4 Region. 2. COBRES will deal with the following components to provide CEM services 9,s defined in Goal IV of the Planned Objectives of 1975 -76. 3oal IV - To assist rural area disadvantaged persons with current labor market information, job referral, and job place - ment_in unsubsidized jobs. hider the above goal COBRES would implement the following component-- (1) Services to Participants Through this category a job referral component will be utilized to place 35o participants in unsubsidized employment. Only V ose individuals that are unemployed, underemployed and econaim- Work Narrative Page 5 . ically disadvantaged can participants in this program. Those participants that are interested in training will be informed of services available in those areas. AnI individual that "alifies for Services will be informed oZ his rights by written notification as prescribed by the Department of Labor_ Al determining the eligibility of the CETA Participant for job placement Or training services, COBPES will prescribe to the regulations set forth by the Federal Register dated March 7,'3975. CETA%COBRES recognizes the priorities given to veterans on a national level and will continue to support and provide all the necessary con- sideration needed to serve their specific group_ All Agencies that serve the veteran exclusively will be informed of the employment/ y ' training opportunities available through our services_ A newsletter Will be put into circulation to provide information on manpower trainings and manpower developments. 3. , A. The Project will have internal control th+-ough an accounting system set up on an accural basis All purchases will be done on a purchase order basis. Procurement w-_11 be done subject to Department of Labor guidelines. All staf - will be fully qualified to meet the duties and conform to standan s dictated by an Equal Opportunity /Affirmative Action Employer. mmtorimg will be done on all components as dictated by the Performance Standards. B. The program activities will be assessed monthly and quarterly to determine whether the goals set forth by the Performance Standards are met. By using this method of assessment on a monthly basis an opportunity is given to rectify if needed any deficiency that can arise. Work Narrative Page 6', C. The Community Action Agency is the sponsor for COBRES which is funded through the Coastal Bend Manpower Consortium. Attachment I explains in detail the staff, and areas of responsibility in regards to the sub- contractor's obligations. D. NOT APPLICABLE E. COBRES will uti'.ize the Participants Grievances Appeals Procedures which were drawl up by the Manpower Consortium Manpower Administrative Staff to provide prompt action in'iegards to a CETA participant's request for equitable -iisposition of a grievance. F. COBRES is•an Affirmative Action /Equal Opportunity Employer.;. (See Attachment II). 4. A. COBRES being a component of the San Patricio County Community Action Agency has the opportunity to refer any -CETA participants to other Community Action Agency Components. The CAA's in the Rural Coastal Bend Region are funded for various other component to provide a variety of services, ie: Family Planning, Office of Early Childhood Development, Head- Start, Neighborhood Service Centers, and various other services tnat can be of assistance to a participants or his •r, family unit. B. . 1. After various informal meetings with the Prime Sponsor's repre- sentatives and discussing the program objectives, COBRES has decoded to provide services in the rural areas of the Coastal Bend Region. COBRES has the ability to be a delivery agent to j provide services which are in need in the rural areas by partici- pants that are unabl :-� to find employment due to a lack of skills, or do not find assistance in job placement. i Fork Narrative Page. 7 2. Cost Pates 3Fb Placement cost per individual placement does not exceed $132.00 The above figure was used to gauge the maximum cost per place- ment that the project could spend on one individual and thereby increase the delivery capabilities of the total project. In re- gards to manpower monies, there are never enough monies to accom- plish all the needs that are evident. But, it is possible to effevtively utilize the monies available to the fullest extent. 5. A. CETA /cOERES will follow the guidelines prescribed by the Federal Register, dated larch 7, 1975 concerning the percentage costs ` involved in preparing a CETA Proposal. Administration costs do not exceed :I p of the total project costs. B. NOT APPLICABLE ASSURANCES AND CERTIFICATIONS A. General Assurances 1. Tile applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P. L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circular (FMC) 74 =4 and 74 -7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. 2. The applicant further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with :hem or will notify the Assistant Regional Director for Manpower (ARDM) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that . the ARDM may take appropriate action including'terrninati.on, if necessary. 3 In a.aa;' -4-- to the reyu;rcmc =ts of 1 and 2 above and co .sistcaL with -zhe regulations issued pursuant to the Act, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act is connection with the application and to provide such additional infor- mation as may be required; • F b. It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 88 -354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. c_ It will comply with Title VI of the Civil Rights Act of 1964, (4Z USG 2000d) prohibiting employment discrimination cohere (I) the primary purpose of a grant is to provide employment or (Z) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation. in. such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712)_ e. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f. It will comply -with the provisions of the (latch Act whdcls limit the political activity of employees. g. It will comply with the requirement that no program under _ the Act shall involve political activities (section 710)_ h. It will establish safeguards to prohibit employees from using. their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whores they have family; business or other ties (section 70Z(a)). i. It will give the Department of Labor and the Comptroller General, through any authorized representative•, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(2)). j. Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 763(3)). k. Appropriate stanclards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the appli.can', (section 703(4)). m. Provision of appropriate workman's compensation to all partic- •ipants in on- the -job training, work experience or public service employment activities and appropriate insurance for all partic- ipants in classroom training, services to clients, or other activities (section 703(6)). n. The prnaram will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds is connection with work that would otherwise be performed - (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate smpioyment opportunities are available in that occupation (section 703(8)). ; i p. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportanities which will enable participants to become economically self- t sufficient (sections 703(9), 105(a)(6))_ q. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable expectation for employment (section 703(10)). r. GETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible applicant's grant (sec. 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and los income persons for meaningful employment opportunities (sections 703(12) and 311(c)). t. The program twill, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of vouth in the area served (section 703(15), and will- assure tt,at: -- . (1) Individuals receiving training on the jots shall be compensated by the employer of such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate -less than that specified in Section of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local mini=am. wage law . (section I II(b)). (2) Persons employed in public service jobs under this - Act shall be paid wages which shall not be lower than whichever is the highest of (a) the, mi_nimura wage which ' would be applicable to the employee under the Fair Labor - Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section. 13 thereof, (b) the State or Ioca- minimum wage for the most nearly comparable covered: employment, or (c) the prevailing rates of pay far persons employed in similar public occupations by the same employer (section 208(a)(2)). w. It will comply with the labor standards requirements set out in section 706 of the Act. u X. Services and activities provided under this Act will be administered by or under the supervison of the applicant {seetiors 105(a)(1)(B) and 205(c)(1)). B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in reed of diem including loco income persons and persons of limited r eglish- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of institutional skill training vrill be designed for occupations.in which skill shortages exist (section 105(a)(b)). 3. The plan meets all the requirements of section 105(a) and the applicant will comply rrith all provisions of the Act (section 4. It will make such arrangerr_ents as are prescribed by regulation j # to assist the Secretary in carrying out his responsibilities under sec 0 3 1 ;5 nd -jB of the Act- (section '05(a)% 7).)_- - .. 5. Saecial consideration will be given to the- n ed" Of eligible disabled veterans, special veterans, and individuals who served in the Armed Forces and who receive other than a dishonorable discharge within 4 years before the date of their application. Each prime sponsor in selecting participants for programs funded under Title I of the Act, shall take into - S consideration the extent that such veterans are available in the area. Specific effort should ba• made to develop appro- priate full or part -time opportunities for such veterans, jt The prime sponsor should utilize the assistance of the State and local veterans employment service representative in formulating its program objectives_ On a continuing and timely basis, information on job vacancies !i _ and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (,e&-ion 104(b) of Emergency Sobs and Un- employment Assitance Act of 1974)_ N G. Additional Assurances Rclatinsz to Public Service Emplo✓mcnt Procr.zms For public service employment activity, the applicant further assures and certifies that: ' 1. S ?ecial consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) pro.-note the advanccarient of participants to employ . ent or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide p=articip=ants with s :. Us for which there is an anticipated high dem=and, or (3) provide participants with self- development skills; except where exempt under the provisions section 604 of the Act, provided however that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604)_ Z. To the extent feasible, public service jobs shall be provided in occepational fields which are most lilcey to expand within the public or private sector as the unemploymeatrate recedes, except where exempt under Section 604 of the Ar-t (sections 205 (c)(6) and 604)_ 3. Special consideration in filling transitionaipublia servicz jobs will be given to unemployed persons who are the most severely disadvantage in terms of the length of times they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person is on lay -off from the same or any substaudai.ly equivalent jub (secLiou 205(c)(7)). 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any other regular employee- not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the Act (section 205(c)(8)).- 5. Due consideration will be given to persons who have participated_ in manpower training programs for whom employrnant opportunities would not be otherwise immediately available ( Section 205(c)(9)). 6. Periodic review procedures established pursuant to section 207(a) -• ' of the Act will be complied with (section 205(c)(17)). 7. ftzncics and institutions tp whom Financial assistance N made available under this title have undertaken or will undertake, ae2alyscs of job descriptions and reevaluations anti, where shown necessary, revisions of qualification requirements at all levels of eriplovment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public erap'_os-ment those whom it is the purpose of the Act to assist (section 205(c)(18))- 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providing those persons emp,'_oyed in public service jobs who want to pursue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in Chat field, and (2) providing those persons so employed who do rot wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain. work in other fields (sections 205(c)(19) and 603). 9. The program will, to the maximum extent feasible, contribute I to the elimination of artificial barriers to employment and ; .occupational advancement, inlcuding opportunities for the dis- advantaged (section 205(c)(21)). 10. Not more than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive u;is limitadou in exceptiuual circumstances - (section i15 x (c)(22)). • i ii. Jobs will be allocated equitably to local governments and aaencie!j - taking into account the number of unemployed persons within their 'jurisdictions and the needs of the agencies (section 205(c)(23)}. ( 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub- sidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining _. agreements have been complied with (section. 205(c)(24)). 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(25))_ - ASSURtktiCES AND C£RTiP'ICILTION_- The applicant also certifies that the informatio:i it this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. San Patricio County Committee On Youth Education & Job Opportunities 111 N. Odem avenue, Sinton, Texas 78387 (Legal dame of Applicg�at) (Address) (3;-grat=e of Authorized Officer) Richard'Aatch. Board Chairman June 18, 1975 , (Typed Na ne & Iitle o: (Date o: Appacativa) s Authorized Officer) _ • SPECIAL CLAUSES TABLE OF CONTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION .......... ...........................Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3 5. TRAINEE OR MOT•t'L'F WAGES . ...........................Page 4 6. TERMINATION OF TRAINEES OR ENROLLEES .................Page 4 7. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9. CONSTRUCTION ATiD BUILDING REHABILITATION .............Page 12 10. LISTING OF MdPLOYMENT OPENINGS ........................ Page 13 11. DEVIATIONS ................ ...........................Page 15 12. DISPU TES .......... ............................... ...Page 16 13. SUBCONTRACTING ............ ...........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15. ORDER OF PRECED- EMCE ....... ...........................Page 17 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 • r SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determinatiou) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor's /Subgrantee's cost of, or the time required for, the per- formance of say part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor' s/Subgrantee Is claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. L � f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract /subgrant as changed by the Prime Sponsor's Contracting Officer in 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 /Subgrantee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMMATION 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, retirement 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, retirement plan, or statutory requirement. 3• CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. _„ 4. EQUAL OppORmITY CLAUSE During the performance. of this contract, the contractor agrees as follows: (1) The contractor-will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideraticn for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretes j of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Goverment contracts in accordance with procedures authorized /' in Exe. ;tive Order 11246 of September 24, 1965, and such other sancti• is may be imposed and remedies invoked as provided in Execut•.;e Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the-pratisions of pmragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minims rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above. 6. TE=IATION OF TRAINEES OR MVROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall gc: ern. __.1 1 d. Subject to the provisions of paragraph (c) , and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the-Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the 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 pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of thin contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) I£ the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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 /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection' with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contract or/Subgrant ee 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: (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 disuosed 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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of 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 cla=n 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 claim 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 of the date of execution of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. L'I (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract / subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract / subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract / subgrant. (q) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor/Subgrantee under this contract / subgrant or shall otherwise be credited to the price or cost of the work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; - -- „7/ a & 7. TEF34IIIATION a. The performance of work under the contract / subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor / Subgrantee shall default in per- formance of this contract /subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor / Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor / Subgrantee or for the convenience of the Prime Sponsor, the extent to which performance of work under the contract/ subgrant is terminated, and the date upon which such termination becomes effective. If, after r.otice 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; - (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 Contract or/Subgrant ee 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract / subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /suo- grant, and (3) the agreed price for, or the proceeds of sale o£, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the r (f) The Prime_ Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract / subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract / subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract / subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract / subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9• CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. X the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and 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 Notice 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, FINED FEE, AND PAY - YMT Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract /subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon 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, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount. to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This cla w e does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproductiou: plant and office;, laborers and mechanics; supervisory and nonsupervisory; technic: and executive, administrative, and professional openings which are compensated o:. a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment of more then 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes * * * to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability- compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. -- 10. LISTING OF EMPL01`1`fENT OPENINGS (This clause is applicable mursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and, veterans of the Vietnam era, that all suitable employment openings of the contractor +rich exist at the tic_ of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and ir_cludirs those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affil; - ates, shall be offered for listing at an appropriate local office of the Sta -e employment service system wherein the opening occurs and to provide such repo=- s to such local office regarding employment openings and hires as may be require' -: Provided, That if this contract is for less than $10,000 or if it is with a State or local govern=ent the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system p•,=- suant to,this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any pa_rtic-- ar group of job applicants, and nothing herein is intended to relieve the Contra :zr from any requirements in any statutes, Executive orders, or regulations rega.:c:�g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly vi--h the appropriate local office or, where the Contractor has more than one establ_=h- ment in a State, with the central office of the State employment service. Suc:. reports shall indicate for each establishment (i) the number of individuals wcp were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era, The contractor shall submit a report within 30 dE s after the end of each reporting period wherein any performance is made under __ s contract. Cont__..tor shall ... ...,.main codes of the reports submitted unt__ _e expiration of '1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secretary of Labor. (d) Wherever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has esvablishments of the name and location of each such estc_- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need y 0 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any dispute concerning a question of fact arising under this contract /subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy, thereof to the Contractor /Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor /Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection With any appeal proceeding under this clause, the Contractor /Grantee sh--Il be afforded an opportunity to be heard and to offer evidence in support o° its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee sha11 proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of lav questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. SLTBCONTBA=G 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. ,-11" (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with £ha Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,; or (ii) was discharged or released from active dutr. for eWAisal lity if any kart of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first -tier subcontractor) has failed or refuses to comply »_th the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans, employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetere-31 Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the te=s of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations' where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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. 1 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12q per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 12C a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. t" June 2, 1975 7. MOTION: That no contractor exceed 17% for administrative cost. 8. AMENDMENT TO MOTION #4 (6- 17 -74): That all out -of -area travel for any program have clearance by the staff. AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. CERTIFICATION . FOR CASH DEPOSITORIES FM 74 -7 ATTACIMENT A - Parao aph 3 The undersigned hereby certify that: ''Any moneys advanced to the State or local governments wnich are detemi.ned to be public moneys (owned by the Federal Goverment) trust be deposited in a bank with FDIC insurance coverage and the balances exceeding. the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C_ 265_ Bank Name Commercial State Name _San Patricia County Community Bank, Box 430, Sinton, Texas Action Agency - (Signature) (Signature) June 18, 1975 June 18, 1975 (Date) (Date) Charles W. Spencer Pedro G. Rodriguez (Type Name) (Type Na-) Vice- President's Cashier Executive Director (Title) (Title) x AG.4E&MMUT FOR SPECIAL BANK ACCOUNT The San Patricio County CAA hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and Commercial State Bank a banking corporation located at in on, lexas 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 contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Manpower Services Special Banc Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit -. Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /Grant referred to in paragraph numbered 1 above, insofar as the depositvand 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 ` i authorized to incur and pay costs on behalf of the contractor, i- but shall not be responsible for the application of funds withdrawn t from the account. 4.Y The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative: the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord— dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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. . f .8. All rnoneys deposite, in, the S_,ecial Ban'_ Account zre public :a -eys n subject to the require: °ts of Title 12 Sectioa 265 U.S.C. The Bar_% e.�Kraea to ta_ce all necessery r_eesures to qualify srith the Secretary of the Treas'•;ry as depositary of public rioney a a to deposit satisfactory security by the deposit of United States bonds or otherwise, for the oafeheep- g an3 profit p -; � nt of the aforesaid public naneys as required by the xegulatioa of the Secretary of tha ^-reasl --f and Title 12 Section 265 U -S.C. V. 19M. —ESS t-MEP^.OT, the parties hereto have caused this a3rea---n;, to be executed as of the last d=y of signing set forth below-: _ BAICC ttSE B;`i{ Commercial State Bank - B'IrK COLI— -TER L reouis-r1_ based, e-pan: e: Sintort. Texas elG= f:i;[;_i - `o-�un ban"_ balance, 0-- minding iDTC i W2E of $40,000 , is $ :YP IsA •y 6 -18 -75 Charles W: Spencer -;-Nice-President's. Cashier kT?L L S1QCO2i1R4.CTOZ'S IlP2r - 'IG ,� S DATE San Patricio County CAA SJ IGTnc^, lZ AZ ?E 1L•;i•� 618 `ice= Richard Hatch TITTLE —d Board 'Chairman ' = 0 • AUTHORIZATION FOR ADVANCE PAYT-191117 An initial advance payment to the contractor in the sum of $16,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the making of such advance payments without interest is in the public interest_ RETENTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (2 %) of the total grant, not to exceed $2,000, will be reserved pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the audit. i' CERTIFICATIO1 OF ACC6UN'TABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following itens of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chie Financial Officer QCheck if one has not been appointed or designated. Linda P. Perez CAA Comptroller directly maintained by you? UX Yes ❑ Na (If No, who will maintain the account - ing system? Name and Address 3. Are you Familiar with the :Department of Labor Audit Requirements? � - © Yes ❑ No 4. Description of your.Financial Accounting System (Indicate whether the system isV manual orautomated and describe how it will meet the record keeping, reporting, and accounting requirement; of the Manpower Administration.) Journals, general ledger, check stubs, bank statements, invoices, 'purchase orders, evidence goods were received, time and attendance sheets, individual payroll records; : etc. USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code Linda P. Perez, Comptroller 512 364 -4290 Signature Date 6 -18• A,, Bo.+nz_:c x?quzR y.�rs 1. List of persons authorized to siga checks or withdraw finds from the Special. Bank Account. 2. Copy of Bond covering those persons. KNOW ALL MEN 3Y THESE PRESENTS, THAT, WHEREAS, the MARYLAND AMERICAN GENERAL iNSURANCE COMPANY executed a Position Schedule Fidelity Bond, NO.MA '171160 in favor o&AN PATRICIO CoUNTy CO,L,4 -,r L E _ , dotedOCTOBeR 1, 19'71 and covering certain positions designated in or added ro the schedule attached EDUCATION sa d D JOB Oppo�tM,) NOW, THEREFORE, ct on t it is hereby understood and agreed that said bond, which is continuous in form, i full force and effect on the 1St da of in full force and effect until terminated or canceled; that alt OCTOBER • 19 711 and not already covered under said bond sha'I be deemed to be added to said schedule esig at ofin d astllowina positions which are designated in the following date in the amounts set opposite the designo -ion of such position, respectively; that said bond shalt be deer terminated or canceled as of said last menHonad date as to each fore said lost mentioned date and which is n,:t designated in thePosit io following list unless said bond tinder was said er on or canceled as to said position as of some prior date by notice or by ll diction from said schedule or erminv and that in case the amount formerly carried on any position shall cl smaller than the amount set o designation of such position in the following list the former omount shall be deemed to be increased occordiinc effective as to losses caused by any person filling such position and resulting from defaults committed by s- larger on and after said lost mentioned date, and that in case the amount formerly carried on any position st be larger than the amount set opposite the de ;ignation of such position in the following list the firmer amot shall be deemed to be decreased accordingly, effective as to fosses caused b on resulting from defaults committed by such person on and after said last mentioned date, and also as to los; Y y person filling such position a caused by any person filling such position and resulting from defaults committed by such person prior to said !i mentioned date and discovered by the Emplop!r after the expiration of that period from said last mentioned do which equals the period fixed in said bond for the discovery of loss thereunder; provided; that in case any increc or decrease is made herein in the amount carr::d on any position, continuity or protection under said bond sh not be impaired hereby, and that the liability of the Surety on account of any person filling such position f defaults committed during the periods during which such position shall have been covered in theamount forme, carried thereon and the increased or decreased amount, as the case may be shall not be cumulative; and provid, further, that in case there shall hove been morn than one change in the amount carried on such position, the li bility of the Surety on account of defaults corr•ritted by any person i;l;ng such position during periods durir which such position shall have been covered in different amounts, or committed during periods during which suc Position shall have been covered in the some amount, or committed partly during periods during which such poc tion in the Some mount, shall not be cumulativey during periods during which such position shall ho% Signed, sealed and dated SEPTE,'dat R 27,, 1911E MARYLAND AMERICAN GENERAL INSURANCE COMPA.N' B_....- - CfOETZEL ._ - --- – ----- — ._..__. „. LIST No'iu IndMA,ot Date of a.slpna}yn Na. ofPw9 Ar.w 'C-M-d tJo, Na. iteei,rq Ds ignahuy Poaltion, Add�rien fPoainarn S>t Fmth,,Col.r4 -_ TotaIA -h B 4 t0 - on PetitFaro 1 EXEGUTiVr DIRECTOR = S+t In .1 Uet of RHwn �50,b�s"b” $��,°`�L& -60 P"�22.�Rv 3 BOARD OF DMECTORS 1 50,000.00 50,000.00 TREASURER .112.50 5 ADMINISTRATIVE 1 50,000.00 50,000.00 112.50 ASSISTANT 6 PROGRAM DIRECTOR 1 V,500.00 2,500.00 5.63 7 JOB D—r-VPMOr?-NENT 1 2,500-00 2, 500.00 5.63 SPECIALIST 8 SOB PLACEPENT 2 E,500.00 5,000.00 11.25 SPECIALIST 9 EXECUT1707 SECRE— TA RY 1 50, 000. o0 5y, 00c), 112.5 .• INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. ,j' Board of D.ihecto2e Liat hath.ia Percy A. Hartman 364 -1120 Pubt.ie 044.i.c.ia P.O. Box 163 Atanzas � CAP SAN PAYMC10 COUNT COMMITTEE PubEi.c 066ic.iaZ Coutthou6e ON Humbe,to Chavana 528 -3221 YOUTH MUCATI'ON AND JOB OPPORTUNIMS PERCY A. HARTMAN b III NORTH Z)EM AIENUE CO.— j.... Poat PHONE 364.4290 AREA CODE 512 SL'nton Raut Gonzatea SINTOH• TEXAS )318) Tnteteet Group PEDRO RODRIGUE2 S.ir.ton RICHARD D. HATCH E.-- 0-4-0. Pubtte 066.ici.at BOlY.O CHAI.IMA!Y Board of D.ihecto2e Liat hath.ia Percy A. Hartman 364 -1120 Pubt.ie 044.i.c.ia P.O. Box 163 Atanzas R.ichand D. Hatch 364 -1503 PubEi.c 066ic.iaZ Coutthou6e TaLt Humbe,to Chavana 528 -3221 Pooh 926 Oak Ta ,4t IbabeZ Moreno Poat P.O. Box 652 SL'nton Raut Gonzatea 354 -1560 Tnteteet Group Cou&thouee S.ir.ton Ro44 Hatt.ia 364 -3430 Pubtte 066.ici.at 111 A1.' Odem S.inton John Bounda 364 -1190 Inteteht Gnoup 309 Mesquite. Gtegohy Ceteat.ino Zambrano - Pubtic 064 -Eciat P.O. Box 471 Gregory Pabto Gonzatei 643 -4314 Poon P.O. Box 43 Math.ih Jose Ram.ijL'ez 547 -3104 Intex'Ut Gnoup 311 H.idatgo Odem Stan(_ey Webb TIT 368 -5051 Pub.P_te 066tc.ia.e 1023 Ha"tey S.irton Ade.ta Ot beta 364 -2836 Inteteat Gnoup 712 Ave. G. S.inton bfat.ie Chapa 364 -4249 Intetezt Group bfa.in a f• i3 f `_.,' , f'', _ pm ?'•.: " ran: r; 2•:. �� »F - "if.`- - E .! ;! • i'�, .4''�r"f S'�, i - , �y`� 1' .x, :� ,,,j'••;y`! Vii: '•t •'! `� ~�: oved from office by Lhe vot,Z�of a majority of the entireyf 3 %r board of directors at any time. The acts of the executive committee shall be recorded and reported in the same manner as -the. acts of the board of directors, and shall have the same force and effect as the 1, directors. t: IN WITNESS WHEREOF, this•~_l f T:�day of March, -1965 Rich rd J Hat h - r.�.rl�tiZ 1r A t.j 0 • - ny G C,-,a Gilbert Loa T-: D.:Threadgil Jr Dan Pawlik acts of the entire board of we have hereunto set our hands, p T. Blaschke /• c, .i'dhnsGn L. T. Kolb, .JrA RG h,Q t a f A. F. - Tasch, PA.D. 0 THE STATE 'OF TEKA:; }, COUNTY_OF SAN PATRICIO �j� .?'Garcia, `a` notary public, do hereby certify that '.on. this JLn day of- March; 1965;: personal ly appeared bef ore ",me, Richard' -,I2, Hatch; A. J. Crow, 0. T. Blaschke, E.C.Agui lar, ?' Stanley; Webb,' Jr_:.; °g�4: Frederic Johnson, Tony Garcia, I.. T. Kolb,'.Jr.,•Gilbert Loa, Robert Lerma, T. D. Threadgill, Jr.,`eDr, rA._,F,._Tasch and Dan Pawilk,who each' - a being b me first_;dul sworn' severally declared that they 9 y -, Y" r Y ey are. the persons who signed the ... foregoing document as in- cor•poratoi s, and-'that the.•:statemzntys therein contained are true. ! IN WITNESS WHEREOF., 1"I` - -have hereunto set my hand and 4. seal the day and 'ye en ar above writt:'' Nay commission expires Ju , ne A' 14b5. , :bb, y Public in and for -6- San Patricio C ounty,. This corporation and its affairs shall be so managed and conducted that income, if any, received by it shall be exempt from federal income taxation; and this corporation shall engage in no activities and perform no acts which would cause its income to be subject to income taxation by the - federal:.,government. This corporation shall not have or - _yikercise any- 3power- or•.authority citi er expressly, by inter- '- - y :p'rctdti1on,`or by `operation of law,,nor'shall it directly or indir-ectlyiengage in any "activity, that would prevent this + corporation from qualifying (and contyinuing Lovqualify) as _ a'corporationx described in-Secti:ori 501(ct)3 `of »fti�:finternal Reuenue Codz ofY 1954r contributions~ towhzch pare deductible 'for federal income tax purposes. ;t r ti ARTICLE TWELVE The corporation shall have an 'Executive Committee of the board of directors which shall consist of a number of directors.to ` be•- specified in the by;aws of the corporation, which executive committee shall have and exercise the full and complete authority of the board of directors in the manage- ment,of the corporation, *except as and to the extent that such -a authority may be Limited from time to time by specific resolution of the - 'board -of directors adopted by a majority of the directors in office. Members of the executive Com- mittee-:shall be, directors and shall be- elected by a majority of the di "rectors then -in office at the annual meeting of the -3 .. - - - board of directors to serve for the ensuing year and until their successors shall have been duly elected and qualified, provided that any member of the executive committee may be 5 c .5. ARTICLE;ELEVEN This corporation and its affairs shall be so managed and conducted that income, if any, received by it shall be exempt from federal income taxation; and this corporation shall engage in no activities and perform no acts which would cause its income to be subject to income taxation by the - federal:.,government. This corporation shall not have or - _yikercise any- 3power- or•.authority citi er expressly, by inter- '- - y :p'rctdti1on,`or by `operation of law,,nor'shall it directly or indir-ectlyiengage in any "activity, that would prevent this + corporation from qualifying (and contyinuing Lovqualify) as _ a'corporationx described in-Secti:ori 501(ct)3 `of »fti�:finternal Reuenue Codz ofY 1954r contributions~ towhzch pare deductible 'for federal income tax purposes. ;t r ti ARTICLE TWELVE The corporation shall have an 'Executive Committee of the board of directors which shall consist of a number of directors.to ` be•- specified in the by;aws of the corporation, which executive committee shall have and exercise the full and complete authority of the board of directors in the manage- ment,of the corporation, *except as and to the extent that such -a authority may be Limited from time to time by specific resolution of the - 'board -of directors adopted by a majority of the directors in office. Members of the executive Com- mittee-:shall be, directors and shall be- elected by a majority of the di "rectors then -in office at the annual meeting of the -3 .. - - - board of directors to serve for the ensuing year and until their successors shall have been duly elected and qualified, provided that any member of the executive committee may be 5 c .5. 4", W z -P �0 �FY? gv4w- 4 71*' A., OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF SAN PATRICIO COUNTY,C0101ITTFE ON YOUTH EDUCATION AND JOB OPPORTUNITIES The undersigned, as Secretary of State of the State of Texas, hereby certifies that duplicate originals of Articles of Incorporation -for the above corporation duly signed and � -erified pursuant to the provisions of the Texas Non-Profit Corporation Act, have been received in this office and are found to conform to law. -Bndersigned , as -of ACCORDINGLY the such Secretary of State, and by virtue the authority vested in him by law; hereby issues this Certificate of Incorporation f and attaZbes'hereto aduplicate original ef the Articles of Incorporation. Dat ed MARCH 15 19 6! Secretary of State 4 , F1 J < We, the undersigned natural persons, all being of the age of twenty -one (21) years or more and citizens of the State`of.Texas, acting as incorporators -of a corporation under the Texas Non - Profit Corporation Act; do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE • - y' J The name of the: corporation is to be SAX PATRICIO COUNTY COMMITiEEE ON YOUTH EDUCATION AND JOB OPPORTUVITIES. ARTICLE TWO The corporation, is a non - profit corporation. ARTICLE THREE The period of the duration of the corporation is perpetual. a . ' ARTICLE FOUR This corporation is organized for strictly education- al purposes of a purely public charitable nature as set forth' -•f In Article Article 12.03 of- Title 122A of the Texas Revised Civil Statutes:' More,specifically, such purposes shall irclude the initiation, administration, conduct,.support, encouragement,.' and participation_ In a community action program under the :Y - provisions of the federal ,'Economic Opportunity Act of 1964, ' emphasizing particularly those-portions of such act known as • i ._t • S �,' } yy_9j•-:» ,'1 .t� ^i :�li+ .y'..i ,ir .'2 :'rl .'..,•� :•Y_v .. se ... ta et z�- ; _ z rseat%;., Tnta day •, ' •� - ' xt•=: - - - ARTICLES OF OF INCORPORATIOV Director, CG sneer Dhlalon OF SAN PATRICIO COUNTY CONTRMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES ' We, the undersigned natural persons, all being of the age of twenty -one (21) years or more and citizens of the State`of.Texas, acting as incorporators -of a corporation under the Texas Non - Profit Corporation Act; do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE • - y' J The name of the: corporation is to be SAX PATRICIO COUNTY COMMITiEEE ON YOUTH EDUCATION AND JOB OPPORTUVITIES. ARTICLE TWO The corporation, is a non - profit corporation. ARTICLE THREE The period of the duration of the corporation is perpetual. a . ' ARTICLE FOUR This corporation is organized for strictly education- al purposes of a purely public charitable nature as set forth' -•f In Article Article 12.03 of- Title 122A of the Texas Revised Civil Statutes:' More,specifically, such purposes shall irclude the initiation, administration, conduct,.support, encouragement,.' and participation_ In a community action program under the :Y - provisions of the federal ,'Economic Opportunity Act of 1964, ' emphasizing particularly those-portions of such act known as • i ._t ? !'Title One, Part S = Work Training Programs" and "Title Two Urban and Rural Community Action Programs ". This corporation shall seep to mobilize the community as a iYhole and the public and private resources available to this corporation for such purposes, and, either solely through its own resources, or in combination with one,or more other public or private non- profit- agencies,_as part of such community action program, this corporation shall engage'•In, support and pursue, one or more of the f- ollowing indivldua1 programs, to wit: remedial. reading, Literacy couraes, job training and counsel- , - a - ing, health education, vocational rehabilitation, housing education, home management education and such other special remedial and other non• - curricular educational assistance as ` may properly and appropriately be a part of such a community action program. r - ..:• i' icy: y" -.. ARTICLE FIVE The street address of the initial registered office of the corporation is 731.Mclntyre, Taft,- .Texas, and the name of its initial registered agent at such address is Eugene H. Pullin. ARTICLE SIX- The affairs of this corporation shall be managed' -by iX d �' a board of" directors which'shail consist of'not less than °.three (3) directors _ s = -•The number of directors shalt be fixed by the bylaws- of .''this Corporation under such reasonable regulations as wi'11_allow'for relatively} equal representation " from each community'in San'Patricio County desiring to par- . t , - ticipate'in the activities of this Corporation, and until- changed by the bylaws, the number of directors shall be 13 it •1 • 1 e•�i •1. (\// }• is thirteen. The names and residences of those who are appointed as directors for the first year are as follows: 34, 7 5- ,q- -I— Richard D Hatch �5— � Aransas Pass, Texas O. T. Blaschke 1322 First Ingleside, Texas A. J. Crow Hawthorne Pl, 112 Portland, Texas Stanley Webb, Jr. 1023 Haisley Ave. -- Odem, Texas Mathis, Texas Frederic Johnson.;•;.,,; 808 N. 9owie Sinton, Texas Tony Garcia Taft, Texas 554tev 0 L. T,_ Kolb, r. 613 San Patriclo Taft, Texas Gilbert Loa Elm St. Taft, Texas s - :;,'; =• ��: , =. : " . •.:_- .• .,tom � �'��. Robert Lerma 501 E. Verbina Taft, Texas T.'D..Threadgill,•Jr.. Route i .Ofl <t ••1*1= Taft, Texas Dr. A. F. Ta:ch 717 Field. Taft, Texas Dan Pawiikp�l °77'b'{1 "� SL.-- Saerl� Texas ARTICLE SEVEN. + The name and street address of each incorporator is: Om?, S77 Richard .A Hatch 526-- *Fenger Aransas Pass, Texas -O. T. Blaschke 1322 First Ingleside, Texas A. J. Crow: 112 "Hawthorne P1. k' PorLl`and, Texas ' St Le We ,r. 1023 Haislay Ave.:- Oder¢, Texas � F 1 : t Mathis, Texas Frederic Johnson 808 N. Bowie' Z•' " Sinton, Texas Tony Garcia 1` r — ~_ - F Taft, Texas X. L. T. Kolb, Jf. `f p & 613 -San Patricio F' t -Taft, `Texas , Gi ;bert Loa. -Elm St. 'Taft, Texas Robert Lerma 501 E. Verbina Taft, Texas T. D. Threadgill, -Jr. Route 1 Taft, Texas F:, ° °: 40 .3.. f ��r —... -'�_ ... - � � fix•, —_' j _ _ _ ?i ,�. }. • }•r a •� t -`` Y '�� i' - ., - Dr. A. F. Tasch 717 Field Taft, Texas a 1 7 Dan Pawlik GeR tea , S — Paeri'; Texas ARTICLE EIGHT The corporation shall have no members. ARTICLE PANE „Upon dissolution of the corporation after all the liabilities of th& corporation have been paid, satisfied and 'dischargcd, allremaining assets which are not hold upon a 'condition requiring return, transfer or conveyance by reason '- of the dissolution, -shall be• transferred or conveyed to one or more,domcstic non- profit public charitabl corporations, societies or. organizations in the State "of Texas engaged in -F W. ,, activities substantially similar to thosa061; the dissolA-ing corporation pursuant to a plan of distribution adapted by the board of directors.' ARTICLE TEN This corporation shall have no capital stock, no shares and no shareholders.= No part of the nat earnings, if any, of this --orporation shall inure to the benefit -of any private individual; and no part of the activities of this corporation`shall,be the carrying on of propaganda, or other- wise--.attempting `toyinf uc.�nce legislation. The activities of this corporation shall be limited to, and its resources shall be used only within-the State of Texas; United States of America. This corporation shall not participate in, or in- - tcrvene in:lincluding the publishing and distributing of statements), any political campaign on behalf of any candidate for public office - -, CONTRACT SIGNATURE SHEET 12661 PRl'�y SPONSOR: CONTRACTOR: COASTAL BEND MANPOWER CONSORTIUM LULAC EDUCATIONAL SERVICE CENTER P.O. Box 9277 702 Morgan Ave. CORPUS CHRISTI, TEXAS 78408 CORPUS CHRISTI, TEXAS 78404 This contract is entered into by the Administrative Unit of the Coastal Bend '•fa^?ower Consortium, hereinafter referred to as Prime Sponsor and LULAC Educational Service Center, hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of 57pages, including this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all ter-=s specified herein and also certifies that the information in this Contract is correct to the best of his knowledge and belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. CONTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 15,683 1. Funds carried in from previous program year are $ 2. New funds obligated are $ 15,683 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) APPROVED FOR THE PRIME SPONSOR APPROVED FOR THE CONTRACTOR DAY OF 1975 DAY OF , 1975 BY: BY Signature Signature R. Marvin Townsend - City Manager Tony Bonilla..- Board Chairman Name and Title Name and Title ATa ST: APPROVED �- City Secretary Date DAY OF 1975 APPROVED: e7 . /;j� /e-1 City Attorney DAY OF 1975 (/V",�� „7f Director of Finance EXHIBIT E i 8 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. xl. 12. 13. 14. 15. 16. 17. TABLE OF CONTENTS CONTRACT SIGNATURE SHEET CETA PROGRAM PLA,*NING SUfMARY BUDGET INFORMATION SUMMARY PROJECT COMPONENT BUDGET PROGRAM NARRATIVE ASSURANCES AND CERTIFICATIONS SPECIAL CLAUSES AVAILABILITY OF FUNDS CLAUSE CASH DEPOSITORY CERTIFICATE SPECIAL BANK ACCOUNT AUTHORIZATION FOR ADVANCE PAYMENT CERTIFICATION OF ACCOUNTABILITY BONDING REQUIREMENTS INSURANCE REQUIREMENTS ARTICLES OF INCORPORATION BOARD ACTION LIST OF BOARD MEMBERS AND COMMITTEES " rlV Lbdil 11vull" — r. V. "" J4J7 Irpus Christi, Texas V. /c 512 883 -5134 _ t FOR REGIONAL OFFICC USE ONt CONY RACY 1tEY R H nu h O1� rV S ITTtz d'Z oV i' a 1 .Lin s -Iry Wlnnt t "LnlV (vuvu AUIUdinttT c, GHAN'r YEAR d, TYPL OF PROGRAM from To 1. Tllla 1 Till. III swat July 1, 1975 June 30, 1976 2• n Tlttn R a b Trite yl -' -- INST:I UCTIONS FOR COMPLETING SECTIONS 1, II, AND 111 -- )ATE RECD. Section I: A {Total Eraollmentsl Is ilia sum of A.1 and A.2. U (Total Terminations) 1s the rum of U.1 through D.3. C (Manned Enrollments) is A minus A, _ Section ll: Enter In tine (a) Enrollments In each program activity cumulatively through the grant year, and N Une o O lb1 the number of participants pinned to be enrolled In each program'octivay at tho end of each } quarter; participants vrho are concurrently enrolled in more than one acti4ly should be counted in tart ` activity in which they are enrolled. Section III: Enter the cumulative number of participants In each segment to be enrolled during the grant yew. 2 p Participants should be counted In as many agni4cant segment groups a are applicable. 1, ENROLLMENT,AND TERMINATION SUMMARY GRANT YEAR- T()UATN-Pi Ali ' 11. PLANNCD ENROLLMENTS IN PROGRAM ACTIVITIES IV OTHER ACTIVITIES A. TOTA C NnOLL• C 2, Fa rl le l• D. TOTAL T1ITMINA• 1, Enlorinn CLASSROOM TRAINING Dn -tr -Job 2. Other 0, Non• C. PLANNC MENTS NI— sr— punts Cart4d ver TIONS Enploynu, a. Direct Itntt (. b.In irect Plcmtr. e. Obtained Cmpley marl poll live po nitre ENnOLl1+1G fend o 0 9 7 5 1$IQ 6rnr.;I. 7 2 1 1 1 L a bl C cn IIY Cnr onetl � 3 1 2 1 2 1 r 12 sl Terri Enrullmenta e 17 077 1 2 2 5 111010 Z 0 0 1 0 G 7 2 g D Ic Cwr<nuv Cnrollyd 0 3 7 11 2 2 2 25 t. al Total Enrallrnenls 87 a0 AS •'' 50 SS GO GS 70 -' 75 11. PLANNCD ENROLLMENTS IN PROGRAM ACTIVITIES IV OTHER ACTIVITIES $IGN -PICANT Disadvantage III, SIGNIFICANT SCGMCNTS GnANT YCAn•TO•DATE PLAN -Gn /J1 1 6/00 SIGNIFICANT 9 /30 SEGMENTS 11v 1 LGJ eDU I F _ D _ rl • (Rcicrcnca IIF) Indicate other aetivihes or special programs on attach. merits. Describe their objective; and list milosmnes tuword their achicwment In a quantiiotiw or norrative presentation. V a.,J''IGNATUR t:wll b. DATE (ISIGN LD SIA g 7n: 0.-1.. 1 n'I A b C D E F CLASSROOM TRAINING Dn -tr -Job Pub. S.M.c Work Other NI— sr— roc. EY• Training Fnplormrrt E-,,, -lance Activities - -- (r 3 ai Tor I Cnr Alin cots 0 7 7 L a bl C cn IIY Cnr onetl 0 7 7_ r r sl Terri Enrullmenta e 17 Lbt c �r,ennv C —Hurd 1 2 7 9 a) Twat C-11 mints 0 0 7 I I 1 D Ic Cwr<nuv Cnrollyd 0 3 7 _1 t. al Total Enrallrnenls 0 G 7 ID 1 b) Currenny Enrolled O G 7 I 1 ] 2 J bl 23 JO 35 .fIX A5 `..0 $IGN -PICANT Disadvantage III, SIGNIFICANT SCGMCNTS GnANT YCAn•TO•DATE PLAN -Gn /J1 1 6/00 SIGNIFICANT 9 /30 SEGMENTS 11v 1 LGJ eDU I F _ D _ rl • (Rcicrcnca IIF) Indicate other aetivihes or special programs on attach. merits. Describe their objective; and list milosmnes tuword their achicwment In a quantiiotiw or norrative presentation. V a.,J''IGNATUR t:wll b. DATE (ISIGN LD SIA g 7n: 0.-1.. 1 n'I s a PROGRL1f LULAC EDUCATIONAL SERVICE CENTER TITLE I SUPPLEMENT TO THE CETA I. NUMBER OF INDIVIDUALS PLASNEDI TO BE SERVED, PROGRAM YEAR TO DATE. MONTH -YEAR 60 II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CUMULATIVE PROJECTED EXPENDITURES BY MONTI $1306 JULY 120 2612 AUG. 180 3918 SEPT. 190 5224 OCT. 200 6530 NOV. 210 7836 DEC. 215 9142 JAN. 220 10448 FEB. 225 11754 MARCH 235 13060 APRIL 245 14376 250 $15683 JUNE INSTRUCTIONS I. Enter the total planned number of individuals who are planned to be served cumulative each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the II. Enter the total planned number of individuals who will be in the program covered by this POP on the last day of each month. Only individuals who have been declared eligible for and are receiving services, training, or employment should be counted. The number in March, June, September, and December should agree with the entries-in Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals in :•arch, June, September, and December should agree with the entries in Part 111B of the 1. Prmc $ranar Ob7 icalionf G 2. Tot: 7•IO;eercd Eependitures by Program a. CLacoom Tr,dnmq, Prime s onsor Trai __b. OnIhcJob n•na LULAC Educational Service Center � 1 _ _ �� 702 Morgan Avenue - P. 0. Box '3455* a/c Christit Texas 78404 a/c 512 883 -5134 DUOGE7 INfOfiPdA710N SUMMARY- f0❑ ItlG10,yA1 OFFICE k USG OIY rco."? 1,ACi 1CL•Y - -1 ICU a LL fZ ez t°ru e G 1 .. - •. - .. DATC RECD 1 D T z 3•� �: z I G I 1 •- I r. S1r.mcs to P,rllcipani: t, Cthcr Actmiics 3. Proaeled Expenditures for Vocational Education In 3 $ac:al Gran ts to Govrrnort G - 4 !tn•. ncd Eapcndn arcs of Non-Fedcral Funda - S. Cd �.:d• r•.: lane,, ;: of m I•n"c Spml•or's Grant 6. G::rd ?'o;w . Pro,eacd °_xpend,ture3 s_ G, 2 3 13 8 51 2 7 , - - -' ' 17•'3 �315GPI319 D q G '10.11ISt].Ir.,L3G 17701 20. ^•_zlaaaS:Y,�7� i 133,019171 E. BUDGET SUMWAR1 GRANT PROGRAM FUNCTION OR AG: •+rTy COST CATEGORIE LSTIMATED UNLXPC ND ED FUNDS 0. Fcoerol C. Non - Federal 16 2. A%wmcci - 3. Yla1c! •.. .1 4. Fringe llercriti �. To;r=q - b. Servicts - T. Tot h - - 112 13 z9 1. Prmc $ranar Ob7 icalionf G 2. Tot: 7•IO;eercd Eependitures by Program a. CLacoom Tr,dnmq, Prime s onsor Trai __b. OnIhcJob n•na 5 , � 1 _ _ �� g _ w 1 1 - 3 C. Public Scrtice Employment - d, Y: ar "r. Esprricnce z 3•� �: z 3� z G I 1 •- I r. S1r.mcs to P,rllcipani: t, Cthcr Actmiics 3. Proaeled Expenditures for Vocational Education In 3 $ac:al Gran ts to Govrrnort G - 4 !tn•. ncd Eapcndn arcs of Non-Fedcral Funda - S. Cd �.:d• r•.: lane,, ;: of m I•n"c Spml•or's Grant 6. G::rd ?'o;w . Pro,eacd °_xpend,ture3 s_ G, 2 3 13 8 51 2 7 I • D q G 1 1 1 1 I 131M101 ! �; _ PI.n100 CNOI NG a-- A••• y i 133,019171 G. TYTYI,L OF PIIOGI,AM I. FS(TltU 1 3, 13 Tills III a. CO TIUa \i , 2. U Tint it f cr. rrJlvl ............. ..................- _.........., -4, S Nt:W OR REVISED BUDGET 1. TOT.- d. r.dclal c. Non•Federal c 3 27�5j -0- 2,750 I a I -0- 15,683 d. G1 :0 u I I I I I I I I I I ° 1 J� 11 1 1,1 1;G I I ,c , 1 I I, s? 1 ililfliOi 1 I,1J 1 15RF y�i -,, -It -y1 -y1r 1 �! 7.3 2 IJ• + 1 1 I I'l.l ' i.\ t 1j 1 �. c t, I I I l l I Irl IFI 1 1 1 810101 1,z Io1ol I 73rD 131 I i 1 >-_ 0 4! • U1 t.tef = i PROJECT CONTOIJENT BUDGET TITLE I L7� TITLE II (7 TITLE III NAME OF CONTRACTOR OR SUBGRANTFE: LULAC Educational Service Center FUNCTION OR ACTIVITY: Career Awareness and•Exploration Program AMOUNT (1) ADMILNISTRATIWE COST: $ 2,750.00 ' (2) WAGES -0- (3) TRAINING: —0— (k) FRINGE BENrEFITSs (5) ALLOWANCES:. —0- (6) SER;'IC23: 12,933.00 15,683.00 ' TOTAL A'!OU::?': . BACK -U-': SUPPORT BUDG-LTS (1) AD-14ISISTRATIVi; COSTS a. STM;? COSTS: b. FRINGE BENEFITS. C. CO\SU"T -2 Oe ?ICE SUPPLIES: d. PROGRAM EVAUCATIO`. e. ACCOU2iTIUG SYSTEM: C$25 monthly x 12) . . 0kG'!: M:T I...ORMATION SYST2'4: g. STATE MA:»0:r"3 SERVICES COMICIL. i• TRAVEL, ($130 month x 12 months) •j. R.�T: k. UTILITIES: 1. CUSTODIAL SERVICES: zi. IiiDIRECT COSTS: n. STAFT TRA- G• o. Tz,^ li ICAL .SSISTA=Z • p. EQUIP ?Ti. i : q. 4T?IAS x. =AL - •m0;r *.s'_�TS s. t. AUDIT SEFIT.CES: u. OTF?R: (Specif;r) (Telephone $25 /mo. x 12) (Specify) (Postage $20 mo. x 12) x. OTHER: (Specify) (Duplication /Xerox $15 month X. 01.3: (Specify) SUB -TOTAL AMOUNT -0- 120.00 -0- 300.00 -0- N/A -0- 1,560.00 -0- _0- -0- -0- -0- -0- -0- -0- -0- 50.00 -0- 180.00 $ 2,750.00 0 BACK -UP SUPPOiT BUDGET • ' AMOUNT i (2) WAGES: a.� On- Job - Training: _p_ b. Transitional Subsidized Employment: - _p_ c. Other: (Specify). , ' _p .d. Other: (speci:y) -0- a.. Salaries.: b. Fringe Benefits: -0- C. Tuitions: -0- -0- d. Entrance Fees; e. 'Books:. -0- _p_ f. Teacher's Aids: g. Other. (Specify) _p h. Other: (S ?ecif.,o _p_ . SUB -T TOTAL. _p BACK-UP SUPPORT BUDGETS AM,0U?;T (4) FRINGE BENEFITS: a. Ann%isa Leave: -0- b. Sick Leave. C. Court Leave: -0- d.- Military Leave: e. FICA:. -0- f. Life Insurance: -0- g. Health Insurance: -0- h. Unemploymemnt insurance. i. workmen's Compensation. -0- . j. Retirement Zenefita:, k. Other; (Specify) -0- 1. Other;. (Specify) -0- SUB-TOTTAL ALLO'eWCCES.' SUB-420TAL, 10- r I BACK-U? SUPPORT BUDGETS AMOMM (6) SERVICES TO CLIENTS: a. Child Care: -0- b. Health Care: -0- c. Xledical. Services. d. Residential Support: e. Assistance in Securing Bonds -0- _0- g. Outreach: -0- h. Intake and Assessment: -0- i. 'Orientation -0- j. Counceli : ug:' 10,696.00 k. Job Develo- .d=ent : -0- 1. Job Placement: M. Other: (S2ecify) Travel, Participant 1,140.00 n. Other: (Specify) Project Supplies: 1,097.00 Vocational Testing, Career Booklets o. Other; (Specify) etc. ($5 /participant) -0- SUB-TOTAL 12,933.00 GRAND TOTAL 15,683.00 Nast items shox:. on preceeding pages will require detailed back -up support in the form of a cost breakdown as to hov the Contractor arrived at the cost figures. Attached is a saaple forMat as to hoar this aiay b-- si:b :fitted. Fi.rE=LITY OF COSTS: Administrative cost will not exceed % of tie total cost. The flexibility of costs between cost Categories will depend upon. the negotiated agree==t between the Prime Sponsor and the Contractor /Stiva,ra:._, I 1 0 PROGRAM NARRATIVE - TITLE I Career Awareness and Exploration Program Policy and Objectives: The Coastal Bend Manpower Consortium, under rules and regulations established by the Comprehensive Employment and Training Act of 1973, will be charged with the responsibility of designing and implementing a Comprehensive Manpower Program to meet the needs of the area's economically disadvantaged, unemployed, underemployed people. Only those programs which enhance the future employability of persons, will be funded. In order to adequately meet the area's manpower needs, the following manpower policy will govern activities and functions outlined in the grant application package. With this in mind, the LULAC Educational Service Center of Corpus Christi hereby establishes the following policy: A. To install an articulated, coordinated career education program to provide economically disadvantaged students with: 1. An understanding of careers which serve them, the community, etc. 2. Knowledge and positive attitudes toward self. 3. Increased skill and experience in the rational process of decision - making. 4. An enhanced understanding of the economic system. 5. Opportunities to develop skill awareness. 6. An understanding of the relationship between the world of work and education. Analysis of Needs: Examining present conditions inside and outside the schools, the following tought - provoking factors are noticed: Many students are dropping out and even graduating from high schools without a saleable skill and thus, cannot obtain employment. In the Coastal Bend Area 56.6 percent of population of 25 years of age or older had less than a high school education. E1 E Analysis of Needs - continued: A great majority of students who complete high school never obtain a college degree, yet most of these students are enrolled in general education and far too few are receiving adequate orientation to vocations and /or skill training. In the Coastal Bend Area, Present employment trends indicate that, increasingly, preparation for existing jobs is requiring specialized training, but that general education and even college work does not prepare one for job entry. As our technological society becomes more complex, there is less understanding of the community and its economic basis. Many persons, especially youth in the Coastal Bend Area have little comprehension of the different jobs available under the different career cluster. Because of the lack of understanding of the preparation required for different occupations many disadvantaged persons do not allow themselves to mature their potential in the area in which they could make a worthy contribution. Results and Benefits Expected: - Eighty (80) percent of all persons screened will have an action plan developed. - Fifty (50) percent of the above will indicate an interest in at least one career choice. - Career Exploration Counselor will provide documentation of services rendered and referrals. - Follow -up documentation will reflect services obtained by the client. - Parental and community input will occur in at least fifty (50) percent of the clients. - Fifty (50) percent will actively pursue training or educations leading to their potential. Approach The preceeding result will be accomplished by one Career Exploration Counselor. Furthermore, the results will be attained via the following activities: - Identify and counsel approximately 250 disadvantaged persons in the target area. - Administer to each eligible client, the Strong Interest Inventory Test which allows for identification of occupational interest. a Approach - continued: Develop an action plan for each client to expose the client with an understanding and requirements of his or her chosen career field. Through counseling, assist the client in planning to acquire the necessary requirements of his or her chosen occupations. Provide a person- centered focus to the more product - process oriented field trips. - Present audio - visual materials, printed material to clients exploring different occupations. LULAC Management and Administrative Plan The LULAC Educational Service Center administrative staff will handle all fiscal and pro,uremenc matters. Furthermore, the Field Center Director shall be responsible for the compliance of this contract. The Counselor Supervisor will provide day -to -day programatic supervision. The Career Exploration Counselor will be subjected to all personnel policies and procedures as set forth by the LULAC National Education Service Center pro- vided they are not in contracdiction to the policies and mandates for the Coastal Bend Manpower Consortium, the LULAC Educational Service Center further assures compliance with all the EEO regulations. • The LULAC Center will continue to solicit the support of all agencies in the consortium in carrying out its activities. Also coordination with Non - CETA agencies will provide services to those individuals who may be otherwise left out. Viable linkage will be maintained with the Coastal Bend Migrant Council, Image, local school districts and other community service organizations. This proposal may be seen as duplicating the effort of Career Education Programs of local school districts. However, this component is designed to provide direct contract between the individual and the work field. Furthermore, its outreach capabilities will make it possible to involve those who alienate themselves from the schools or would not otherwise normally seek those services. Geographic locations served: With only one staff member responsible for the activities, the major bulk of the work to be performed will be in the counties of Nueces, San Patricio, Jim Wells, Duval, Brooks, Kleberg and Bee. However, services will be available to all of the counties in the Manpower Consortium. ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circular (FMC) 74 =4 'and 74 -7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. _ e 2. The applicant further assures and certifies that if the regulations } promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director for Manpower (ARDM) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that _ the ARDM may take appropriate action including - termination, if necessary. 3 In za?;t;•,_ to tl:e requirements of 1 and ?. above and consista"L F with'the regulations issued pursuant to the Ac$, the applicant makes the following further assurances and certifications: i a. It possesses legal authority to apply for the grant; a resolution, motion or similar action -has been duly adopted - + or passed as an official act of the applicant's governing i body, authorizing the filling of the application, including i all understandings and assurances contained therein, and j directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infor- rnation as may be required; c -- -- -- _.P , I • b. It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 85 -354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any prop,,-am or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. c_ It will comply with Title VI of the Civil Rights Act of 1964, (42 USG 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 71Z)_ e_ It will comply with the requirements of the provisions of the: Uniform Relocation Assistance and Real Property Acquisitioa Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f. It will comply -with the provisions of the Hatch Act whic)s limit the political activity of employees. g. It will comply with the requirement that no program under , the Act shall involve political activities (section 710)_ h. It will establish safeguards to prohibit employees from using . their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family; business or other ties (section 702(a)). i. It will give the Department of Labor and the Comptroller _ General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(2))_ r'°r i j_ Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 703(3))- k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)), 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicant (section 703(4)). m. Provision of appropriate workman's compensation to all partic- ipants in on- the -job training, work experience or public service employment activities and appropriate insurancee for all partic- ipants in classroom training. 's e rvices to clients, or other activities (section 703(6)). n. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). o_ Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation ,section 703(8)). p. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become economically self- sufficient (sections 703(9), 105(a)(6))_ q_ Institutional skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible appliean -Us grant (sec. 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to Htem as necessary for the Secretary's review to assure that funds are tieing expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lo-.%- income persons for meaningful employment opportunities (sections 703(12) and 311(c)). t. The program will. to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and. other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of vouth in the area served (section 703(15), and will. assure that; - - . (1) Individuals receiving training on the job shat be compensated by the employer of such. rates, including periodic increases, as may be deemed reasonable -under regulations prescribed by the Secretary, but in no event at a rate less than that specified in Section 6;.A)(1) of the Fair Labor Standards Act of 1938 or, if higher under the applicable State or local minimum. wage law - (section 111(b)). (2) Persons employed in public service jobs under this - Act shall. be paid wages which shall not be lower than " whichever is the highest of (a) the minimum wage which would be applicable to the employee under the Fair Labor - Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof, (b) the State or local mL--1imum wage for the most nearly comparable covered employment, or (c) the prevailing rates of pay for- persons employed in similar pubic occupations by the same employer- (section 208(a)(2)). w. It will comply with the labor standards requirement3 set out in section 706 of the Act. - x. Services and activities provided under this Act will be administered by or under the supervison of the applicant (sections 105(a)(1)(B) and 205(c)(1)). B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that. 1. Manpower services, including job development, will be provided to those most in need of them including loin income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrate_ effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of institutional skill training will be designed for occt'pations.in which skill shortages exist (section 105(a)(b)). - 3. The plan meets all the requirements of section 105(a) and the applicant wzil cornply with all provisions of. the Act (section 4. It will make such arrangements as are prescribed by ragulatioa to assist the Secretary in carrying out his responsibilities ..wider sections 105 —d 108 of the Act (section 105(a)(7)).:. - IE 5. Special consideration will be given to the. needs of eligible disabled veterans, special veterans, and individuals who served in the Armed Forces and who'receive other than a dishonorable discharge within 4 years before the date of their application. Each prime sponsor in selecting participants for programs funded under Title I of the Act, shall take into - _ 1 consideration the extent that such veterans are available in, the area. Specific effort should be-made to develop appro- priate full or part-tine opportunities for such veterans. i _ -The prime sponsor should utilize the assistance of the Stater =r( and local veterans employment service representative in _ formulating its program objectives. _ On a continuing m and timely basis, information as job vacancies and training opportunities funded under Title I of the Act shall { be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (,ection 104(b) of Emergency Sobs and Un- employment Assitance Act of 1974). 2 G. /additional Assur :aces Rclatin� to Pieblic Service Emplo, rnt Pro;r:tms For public service employment activity, the applicant further assures and certi -`ies teat: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) pro -mote the advancement of participants to employment ar training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide participants with skills for which there is an anticipated high demand, or (3) arovide participants with self - development skills; except whe_ e exempt under the provisions section 604 of the Act, provided however that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). 2. To the extent fe=asible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemplayment.rate- recedes, _ except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604). 3. Special consideration in filling transitional. public service- jobs will be given to unemployed persons who axe the roast severely, disadvantage in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person is on lay -off from the same e or any substadaiiy equivalent juu (section 2a5(c)(7)). 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any other regular employee not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under thL- Act (section ZO5(c)(8))._ _ _ =• _ 5. Due considerat ion will be given to persons who have participated. in manpower training programs for whom employment opportunities would not be otherwise immediately available (section 205(c)(9)). -6. Periodic review procedures established pursuant to section 207(a) -- of the Act will be complied with (section 205(c)(17)). �° - O1, • 7. Agencies and instiatiO93 to whom financial assistance is made available under this title have undertaken or will undertake, analyses of jrb descriptions and reevaluations and, wiicrc shown: necessary, revisions of qualification requirements at all levels of emplov*nent, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a vievr toward removing artificial barriers to public employment those whom it is the purpose of the Act to assist (section 205(c)(18)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providina those persons employed in public service jobs who want to pursue ,vorn vrith the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 60.0. 9. line program will, to the rn, cimum extentfeasiale, contribute to the elimination of artificial barriers to employment and occupational advancement, iil.cuding opportunities for the dis- advantaged (section 205(c)(21)). 10. Not snore than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(x)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the ecretary Ynay waive this limitatiUSi iu exceptiuual c- Lcum.sEances•(section 205 11. Jobs will be allocated equitably to local governments and agencies taking into account the number of unemployed persons within their = jurisdictions and the needs of the agencies (section 205(c)(23)}:-" 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub- sidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 25(c)(24)). 13. in the are in absence ofiass stance ndervthe Act (section 205(c)(25))- sponsor ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. NAME OF APPLICANT) (ADDRESS) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF (DATE OF APPLICATION) AUTHORIZED OFFICER) SPEC TAT CLAUSE'S TABLE OF CONTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION......... . .........................Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3 5. TRAINEE OR ENROLLEE WAGES . ...........................Page 4 6. TERMINATION OF TRAINEES OR ENROLLEES .................Page 4 7. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9, CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10. LISTING OF EMPLOYMENT OPENINGS ........................Page 13 11. DEVIATIONS ................ ...........................Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCONTRACTING ............ ...........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15• ORDER OF PRECEDENCE ....... ...........................Page 17 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 SPECIAL CLAUSES 1. CHANGES a* The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government - furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgraatee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor's /Subgrantee's cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting fo_-th the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract /subgrant as changed by the Prime Sponsor's Contracting Officer in 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 /Subgrantes 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, retirement 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, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. J 4. EQUAL OPPORTUNITY CLAUSE During the performance.of this contract, the contractor agrees as follows: (1) The contractor Brill not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for` training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 19652 and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secreta_ -y of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized In Executive Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the-prov-.sions of pt!Xagraphs (1) through (7) in every subcontract or purchase order unless'exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above. 6. TER MATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. s+' (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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of 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 claim 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 of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. d. Subject to the provisions of paragraph (c) , and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract / subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the 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 /Subgraatee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract / subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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) abare, 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 / subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection' with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contract or/Subgraut ee there shall not be included any amounts for the preparation of the Contractorrs/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee Payable under the contract /subgrant determined as follows: t : c (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract / subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract / subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract / subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con- tractor/ Subgrant e e under this contract /subgrant or shel] otherwise be credited to the price or cost of the work covered by this contract / subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; T. TERMINATION a. The performance of work under the contract / subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor / Subgrantee shall default in per- formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor / Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor / Subgrantee or for the convenience of the Prime Sponsor, the 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; t = contract /s ubgrant 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- grant. (i) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor /Subgrantee will be 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 Contract or's/Subgrantee Is claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TERMINATION FOR COYMIIENCE 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- formance 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 I (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor/ Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the completion of work contemplated by the contract /subgrant, less fee payments previously made hereunder; or (3) 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 cl::im 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the i the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of c — itments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prue 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 bay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more 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, AND PAY - M01T Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract /subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason of the termination under this clause, which account or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon out- standing co:- itments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding commitments for personal services which the Contractor /Subgrantee is unable to cancel, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in as amendment to this contract /subgrant and the Con - tractor /Subgra_ntee shall be paid the agreed amount. I. (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor/ Subgrant ee in connection with the terminated portion of this contract /sutgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor / Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor / Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor / Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract Isubgraat had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor / Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor / Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor/ Subgrant ee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor / Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A-102 and parts of Paragraph IV, applicable to construction procurement. s Z ! (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor / Subgrantee in connection with the terminated portion of this contract / subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor / Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor / Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of suet demand. (g) The Contractor / Subgrantee agrees to transfer title to the Priate Sponsor and deliver in the manner, at the times, and to the extent, if :,ny, directed by the Prime Sponsor's Contracting Officer, suet information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor / Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor / Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor / Subgrantee agrees to take such action as mw be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract / subgrant which is in the possession of the Contractor / Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9• CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph rV, applicable to construction procurement. the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the perfo —ante of any work terminated by the notice. With respect to such canceled co=itments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Priie 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 Notice 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 Contrac'or /Subgrantee the amount so determined. (d) Any deter...ination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAY - I= Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract /subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contract or/Subgrant ee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon out- standing co- mitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding commitments for personal services which the Contractor /Subgrantee is unable to cancel, the Colt ract or/ Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount_ t = to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This clams a dogs not -apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside - of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproducti': plant and office;.labore -rs and mechanics; supervisory and nonsupervisory; techni_ and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full-time employ- ment, temporary employment Of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal- -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes * e e to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. i = 10. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and,veterans of the Vietnam era, that all suitable emplcyment openings of the contractor -which exist at the ti= of the execution o: this contract and those which occur during the performance of this contract, including those not generated by this contract and includir_x those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affil-4- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such repo -:s to such local office regarding employment openings and hires as may be requirea: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any pa•-tic•- ar group of job applicants, and nothing herein is intended to relieve the Contras -cr from any requirements in any statutes, Executive orders, or regulations regar _ =g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but. not be limited to, periodic reports which shall be filed at least quarterly wi h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Such reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 d Vs after the end of each reporting period wherein any performance is made under �- s contract. The Contractor shay_ maintain copies of the reports submitted unti:. ae expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secretary of Labor. (d) Wherever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such esta--- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no weed 12. DISPUTES a. Except as otherwise provided in the contract / subgrant, any dispute concerning a question of fact arising under this contract / subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor / Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily-to imply bad faith, or not supported by substantial evidence. In connec`,: with any appeal proceeding under this clause, the Contractor /Grantee sha.L- be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract / subgrant shall be construed as making final the decision of any 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of ally claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with fkLa Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,-or (ii) was discharged or released from active duty -for en1,z1.isab3lity if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that Contractor (or any first -tier subcontractor) has failed or refuses to comply —_tn the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetera=sl Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the tern of this contract snd the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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. q1 0 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12� per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of l2s a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. June 2, 1975 7. MOTION: That no contractor exceed 17% for administrative cost. 8. AMENDMENT TO MOTION #4 (6- 17 -74)_ That all out -of -area travel for any program have clearance by the staff. "I AVAILABILITY OF FMIDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. I CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTACIME T A - Paragraph 3 The undersigned hereby certify that: "Any moneys advanced to the State or local governments which are determined to be public moneys (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 265. Bank Name NbECES NATIONAL BANK (Signature) (Date) Roy Clint (Type Name) President (Title) Name LULAC Educational Service Center (Signature) (Date) Ton v Banillg, (Type Name) Chairman of the Board (Title) AGREFiIENT FOR SPECIAL BANK ACCOUNT The LULAC Educational Service Center hereinafter referred to as the Contractor; the Administrative Unit of the Consortium hereafter called the Prime Sponsor and NUECES NATIONAL BANK , a banking corporation located at 1434 South Port, Corpus Christi, Texas. 78405 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 No, dated between the contractor and the prime sponsor amounts advanced to the contractor by the prime sponsor shall be deposited in the account established at the bank, designated as the " LULAC Educational Service Center - CETA Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265)• 3. The Tank will be bound by the provisions of the Contractr - referred to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Bank Account except by persons named in said contract as - authorized to incur and pay costs on behalf of the contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The prime sponsor shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord - dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the prime sponsor. 7. Authorized representatives of the prime sponsor shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bank Account. 8. All moneys deposited in the Special 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 BANK NAME: BANK COLLATERAL required, based upon NUECES NATIONAL BANK estimated maximum bank balance, (excl.ndin FDIC- coverage of $40,000, is $ SIGNATURE DATE No collateral is required, contract does TYPE NAME not exceed $40,000 Roy Clint TITLE President CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME LULAC Educational Center SIGNATURE DATE SIGNATURE DATE TYPE NAME TYPE NAME R. Marvin Townsend Tony Bonilla TITLE TITLE City Manager ,•' AUTHORIZATION FOR ADVANCE PAY:ENT An initial advance payment to the contractor in the sun of $2,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the making of such advance payme: -ts without interest is in the public interest_ RETENTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (2 %) of the total grant, not to exceed $2,000, will be reserved pending the completion of an audit and the resolution of any questions or irregularities raised or revealed by the audit. X CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chie Financial Officer QCheck if one has not been appointed or designated. you Familiar with the 2. Will the Accounting System be directly maintained by you? Q Yes ❑ No (If No, who will maintain the account- ing system? Name and Address Labor Audit QYes El No 4. Description of your Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is Name Signature ed Official hone No. and Area Code Date of Execution Ir a T PAUI- 1 J PUBLIIC EMPLOYEES' BLANKET BOND Revised to May, 1958 A CAPITAL STOCK COMPANY ST. MAUL. FIRE AND MARINE INSURANCE COMPANY • ST PAUL, MINNESOTA l (' I BOND NO. 400 EB 770 (A Stock Company, herein called Surety) DECLARATIONS Item 1. Name or Obligee LULAC Educational Service Centers Item 2. Name of Insured iULAC Educational Service Centers Item 3. Bond Period from the beginning of July 15, 1974 r to 12 o'cloa night on the effective date of the cancelatior.�ror'term� nation of this Bond as an entirety Item 4. Table of Limits of Liability: Insuring Agreement 1 Honesty Blanket Bond Coverage $ 25,000.00 Insuring Agreement 2 Honesty Blanket Position Bond Coverage $ --- Insuring Agreement 3 Faithful Performance Blanket Bond Coverage 5 - -- Insuring Agreement 4 Faithful Performance Blanket Position Bond Coverage $ - -- Item 5. The liability of the Surety is sub;ect to the terms of the following riders attached hereto: No. 1 - California Premium Rider Item 6. The Obligee and the Insured by the acceptance of this Bond give notice to Surety terminating or canceling prior bond(s) No (sl Bone such termination or cancelation to be effective as of the time this Bond becomes effective ST PAUL FIRE AND MARINE INSURANCE COMPANY By - - Susan E. Young - nrrornry.n.Fncr The Surety, in consideration of the payment of the premium, and subject to the Declaration de a part hereof, the General Agreement, Conditions and Limitations and other terms of this Bond s, in accordance v.ith such of the Insuring Agreements hereof as are specifically designated by the i Ion of an amount of indemnity In the Table of Limits of Liability, to indemnify the Obligee for the use and benefit of the Insured for - INSURING AGREEMENTS Honesty Blanket Bond Coverage L Los, sustained by trio Insured through any fraudulenr or dishonest act or acts committed by any of the Emplaces, acting or in oiluaion w others, during the Bchd Period, to a amount not exceeding m the aggregate the amount stated in the Ta^fe of Limits of Lab ",ty applicable to this Insur,ng Agreement 1. Honesty B!anket Position Bond Coverage 2, Less sustained b. the Insured trrough any fraudulent or dishonest act or acts committed by any of the Emplaees acting c,e u n colluso w ethers, duriha the Bond Period, t=ie amount of indemhity an each of such Employees being the amount stared in in Table of Li.m.its of Liability app;C tale to on,s Irsunrg Agreement 2. Faithful Performance Blanket Bond Coverage 3. Loss caused to the Insured Through the fa -lure of any of the Employees, acting alone or in collusion with others, to perform -ulry his duties or to account properly for all mantes and property received by virtue of his position or employment during the Bond Pe trod to a mount not exceeding in the aggregate the amount stated to the Table of Limits of Liabdrry applicable to :ors Insuring Agreement 3 Faithful Performance Blanket Position Bond Coverage 4. Loss caused to the Ins,.red through the failure of ary of the Employees, acting alone or in collusion with others, to perform faithfully his duties or to account properly for all monies and property received by virtue of his position or employment during I- Bond Period, the amount of mdamnity on each of such Employees being the amount stated in the Table of Limits of Liability app :.cable to this Insuring Agreement 4 GENERAL AGREEMENT Loss Under Prior Bond Ii the coverage of an Insuring Ag- cement of this Bond is substituted for any prior bond carried by the Insured or by any pred- ecessor in interest of the Insured which prior bond is terminated, canceled or allowed to expire as of the time of such substitution, c.e Surety agrees that such Insuring Agreement applies to loss sustained by, or caused to, the Insured, as the case may be, prior to - curing the Bond Period, provided that such loss is discovered after the beginning of the Bond Period and prior to the expiration of s from tie cancelancn of this Bond a an entirety and that such loss would have been recoverable by the Insured or _n predecessor unde• such prior bond except for the fact that the time within which to bring suit, action or proceeding of any kind mer_,de, had expired, and provided furrner. (l, the indemnih afforded by this General Agreement shall be a part of and not in addition to the amount of coverage afforded by the applicable Insuring Agreement of this Bond, and r i2) such lass would have been covered under such Insuring Agreement had such Insuring Agreement with its agreements, con - ditions and limitations as of the time of such substitution been in force when the acts or defaults causing such loss were committed, and (3) r very uhd -r such Insuring Agreement on a unr of such loss shall in no event exceed the amount which would have bee recoverable under such Insuring Agreement in th- a unr for which it is written as of the t of such substitution, r.adnsueho Ins ng Agreement been in force w such acts or defaults were minted, or the amount which would nave been recoverable uncle. such poor bond hao such prior bond continued in force until the discovery of such loss if the latter amount De s:ndiie.. THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: DEFINITIONS Section I The fol —ing terms, as used in this Bond, shall ha.e the respective meanings states in this Section employee" as used in Insuring Agreements I and 2 ars a person while in the employ of the Insu•ed curing e Bond Period who is not .ec-ed by law to give bond conditioned for the fauhfui performance of his dunes and who is a rne-o­ of the staff or personnel of the Insured bur aces not m a-a­ - a ;,easurer or Tax Collector by wnat- v_r title known Emploeee•' as used in Insuring Agreements 3 and 4 nears a person w.riw_ in the employ of the Insured during trio 6ond Period who is not required by law to furnish In i 6c o qualify r office and who is a member of the staff or - of the Insured but does not can an, Treasure o Ta Ccliector by wrare per title kno-, UNC= NT ;FIABLE EMPLOYEE Section 2. In ca.e a uss is alleged to have been caused to the Insured thro_-h acts or defaults oy an Employee cov- ered under an app •:ao = nsurin_, Agreement of this Bond, W such Irwnng Agrcem= -it is in full force and effect and e Irs-ed shall oe -axle to designate the specific Employee c- rig such loss, the Ins red shall nevertheless have the ­h- of such fnsur,ng Aghs merit provided that the evidence submitted reasonably establishes that the loss was in fact cased by such Emotoyee through such acts or defaults and p,avided, further, that regardless of the number of such Em- ployees concerned or i mphcated i such loss, the aggregate hab�l Ty of the Su ety for any such loss shall not exceed the unr .rated m I,em 4 of the Declarations applicable to such I suring Agreement EXCLUSION Section 3 This Bohol does not cover any loss sustained by, or caused to, the Insured under circumstances whereby and to e amount which the Obligee or the Insured voluntarily under - tar-: or is obligated by ! w to exonerate or indemnify anv of tnr Employees against Iiab,1i incurred by them in the perform- ance of their duties LIMITS OF LIABILITY Section 4 Indem icatipn by the Sur &. fora v loss under Insuring Agreement I or 3 snail n,,. the Scl,ery's haothty for other losses under the applicable Insuring Agreement, whenever su-rained, provided, however, :hat the Surety's total liability unat - each such Insuring Agreement for any loss caused by any Empioyee or in which such Employee is concerned or implicated is limited to the applicable amount of indemnity specified in the Table of Limits of Liability. Indemnif,cation by the Surety for any loss under Insuring Agreement 2 or 4 shall not reduce the Surety's liability for other losses under the applicable Insuring Agreement, when- ever sustatnee, provided, however, the Surety's total liability under each such Insuring Agreement as to each Employee is limited to the applicabie amount of indemnity specified in the Table of Limits of Liability. Regardless of the number of years this Bond shall continue in for and the number of premiums which shall be payable r paid, the limit of the Surety's liability as specified in the Table of Limits of Liability shall not be cumulative from year to year or period to perked LIMIT OF LIABILITY UNDER THIS BOND AND ANY Pr.IOR BOND Section 5 With respect to loss under Insuring Agreement I or 3 is c u sed by shy Employee or ee which such Employ concernedo implicated o which is chargeable to such Em- ployee as provided in Section 2 of this Bond and with respect to loss under Insuring Agreement 2 or 4 caused by any Em- ployee or which is chargeable to such Employee as p-ov,ded in Section 2 of this Bond and with respect to loss ; rider any Insuring Agreement which occurs partly during the Bond Period and partly during the period of other bonds issued by the Surety, to the Insured or to any predecessor in interest of the insure, and terminated or canceled or allowed to expire and in which the period specified therein for bringing suit, action or proceed ng of any kind, or if no such period is specified therein, then within the period prescribed by the applicable statute of limitations, has not expired at the time such loss thereunder is d,s- ered. •tie total liability of the Surety under this Bora and uric such oiner bonds halt not exceed, in the agge —te, the . carried under the applicable Insuring Agree -tent of this Bon - on such loss or the amount available to the insured under such other bonds, as limited by the terms and - onditions thereof for any such loss if the latter amount be larger . c CANCELATION :— 6. This Bond shall be deemed canceled as to any yee Immediately upon discovery by the Obligee or the Insured of any act on the part of such Employee which would can't, tute a l'a b,Irty of the S.,rety under the applicable Insuring Agreement <o. Bring such Employee, (b Upon the death, res,gnanon or removal of such Em- ployee, or td At 12 o'clack n•ght upon the effective date specified written notice mailed to the Obligee and the In- rured Such dare shall be not less than thirty-days after the date of mailing The mailing by the Surety of notice as aforeMI' to the Obligee and the Insured shall be suff+u ent proof of nonce Delivery of such written notice by the Surety shall be eg „i..alent to mailing This Bond may be canceled by the Obligee or the Insured by maJng ro the Surety wntten notice s:anng when thereaf•er the can: =!anon shall be effective This Eond may be canceled by the c -ary by marling to the Obligee and the Insured written notice s•anng when, not less than thirty days thereafter, such ca -ce!, non sha11 be effective The -a ling of nonce as afo -e- said s -ell be suffinent proof of notice Delivery of such written none ether by the Obl, •— or the Insured or by the Surety shall to eia —ale nt to mailing. If the Obligee ar the t cancels, earned premum shall be computed in accordan the customary short rate table and procedure. If the cancels, earned premium shall be computed pro rata. Pre adjustments may be made ft the time cancelanon i ce -z soon as practicable after cancelanon becomes' our ance Brix or tender of unearned premium is not a f c [anon. If any of the cancelanon provisions set forth in either or both of the foregoing paragraphs of this Section are prohibited or made void by any law controlling the constrrctun of this Bond, such provisions to the extent they are so prohibited or made vo,d shall be deemed to be nullified and of no effect. LEGAL PROCEEDINGS Section 7. No suit, action or proceeding of any kind to recover on account of loss under this Bond shall be brought after the expiration of three years from the cancelanon of this Bond as an entirety provided, however, that if such fimitaton for bringing suit, action or proceeding is prohibited or made void by any law controlling the construction of this Eond, such limitation shall be deemed to be amended so as to be equal to the minimum period of the limitation permitted by such law. in witness whereof, the Surety has caused this Bond to be executed on the Declarations page. �J ~ C- v7,1 S7 ?AE>? C oPORNIA PREMIUM ENDORSEMV OR RIDER No. 1 .M A\� The jollo -ng spies precedW by an asterisk(') need nor be completed rj tl is endorsement or rider and the bond or policy have the same inception date. EJ TO ?NG FO-1— I - I D.iE .....SE +En OR RiJER I 'EFFEC�= 11E i.,_w 1 °EF: ECTrV2 GATE _- oF BOND oR Fo —Y No ETE -. E: OF En= 0R5E• +EhTT— R I OF ENGOwSE MENT OR ROGER ann F.B 7795 August S, 1974 July 15, 1974 To LULAC Educational Service Centers 1 This endorsement or rider is issued to comply le ith the ruling of the Commissioner of Insurance of California and i opinion of the Attorney General of that State requiring that the premium paid for all bonds or policies be endors thereon. 3. The El Premiun ❑ Additional Premium ❑ Return Premium for the period from Ju1_15,_ 1974_to J ulv 15.19 77 is $ 1137.00 3. If the premium is payable in installments they are, or are amended to read as follows: Payable on Ju_IX 15, 19 74 s 379.00 Payable on— _— Iu1y-12+ 19 75 s_ 7 00 Payable on, Jul 15. 19 76 $ 379.00 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Bond or Policy, other than as above stated. ST. PAUL-FIRE ANTD MARINE INSURANCE COMPA Susan'E. Yount, � ttorney -' -Fact r NOTICE TO AGENTS ,I THIS ENDORSEMENT OR RIDER MUST BE DELIVERED TO YOUR CLIENT IN ORDER TO COMPLY WITH THE RULING OF THE INSURANCE COMM ;SSIONER AND THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA. 15717 PRr 5 -72 5M Rev. 5.72 PN,t,d In U S.A. I Wfirr or ' rrjarbpr d Dt-,Pb-q CORPORATION DIVISION WASHINGTON \�I OF CO, o'a 0 tyy u�;T J E' 04TS i5 fit artify that the pages attached hereto constitute a full, trice, and complete copy of CERTIFiCATE AND ARTICLES OF INCORMIULTION OF IIJUC EDUCATIONAL CE:ITTERS, INC., AS RECEIVED AND FILED M-RCH 7, 1973./ as the same appears of record in this office. s 1 In c��,I= immt I�rrrszf, 1 have hereunto see my hand and caused the seat of this office to be ai zed, this 1st the day of OCTOBER ------- - - - - -� 73 A. D. I9_ P=Ee S. RIDLEY. R—dw /D- d.. D.. C. {/u/ By 'G N+F.tanf Suyerineawd.nt o/ Coryoretrone. D. C. P -36N . � \ /'�`•" ✓mil - - . - _- .. � --5 �I `fi>� \' -n r,` � • � L�.'.'L";' laliYt= ]r�'�tC -f�:, SJtC� +{_' !_tS: iaaS��.���Y��`_ IT �S ta:7 iYX1.t iY ? ,—c-k �?_°��✓'�, - >.�' - : C'�7 SkiY�.'�j,��yP �6 i-1�� i�.x'%`:•�3- 3r � - - . -• j'J? - •. _ f.�e��tr(�1yyt�'�fiiitil�t� f�` rI JY - — - �� .ti• .i,��Jh�r��+ �.t ka4 s ±.w�.....t�lY d:- 1ii��..- .f'1'� .�:fI �=J� � •!�- 4 %j�.C�- i - r itt I ARTICLES OF INCORPORATION OF _LILAC EDUCATIONAL CENTERS, INC. We, the undersigned natural persons of the age of twenty one years or more, acting as incorporators of the corporation, adopt the following Articles of Incorporation for said corporation pursuant to the District of Columbia Profit corporation Act: FIRST: The name of the corporation is LULAC EDUCATIONAL CENTERS, INC SECOND: The period of duration is perpetual. THIRD: The purposes for which this corporation is organized are to engage exclusively in such charitable, educational, scientific and research activities as will enable the corporation: 1. To become engaged in all activiteis pertaining and relating to fostering interest in educational programs for the Spanish Speaking Communities of the United States of America; and 2. To create interest on behalf of the Spanish Speaking population in the United States in educational projects and programs; and 3. To promote educational endeavors that will benefit the spanish speaking population of the United States; and 4. To grant scholarships and other aid to deserving Spanish Speaking students in their pursuit of higher education; and 5. To render services, advice and guidance to the Spanish Speaking population of the United States in matters relating to educational opportunities. FOURTH: Not withstanding any provisions of these Articles or of the cor- porate By -Laws, the purposes of this corporation shall not include; and the cor- poration shall not include, and the corporation shall not engage in or carry on .-,r s i any activities not permitted to be carried on by: (a) A corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue code of 1954 (or any corresponding provision of any future United States Internal Revenue Law) or (b) By a corporation, contributions to which are deductible under 170(c)(2) of the Internal Revenue Code of 1954 (or any corresponding provision of any future United States Internal Revenue Law). FIFTH: The corporation is not organized nor will it be operated as a private foundation as defined in Section 509 of the Tax Reform Act of 1969. In addition and even though the corporation is not a private foundation within the meaning of Section 509 of the Tax Reform Act of 1969, the corporation will: (1) Distribute all•of its income in accordance with the above Article in such manner as not to subject the corporation to any tax under Section 4942(a) of the Tax Reform Act of 1969; (2) Will not engage in any act of self - dealing as defined in Section 4941(d) of the Tax Reform Act of 1969; (3) Will not retain any excess business holdings as defined in section 4943(c) of the Tax Reform Act of 1969; (4). Will not make any investments in such manner as to subject it to tax under Section 4944 of the Tax Reform Act of 1969; and , (5) Will not make any taxable expenditures as defined in section 4945(d) of the Tax Reform Act of 1969; or corresponding provisions of any subsequent Federal Tax Law. SIXTH: The corporation shall have no members. SEVENTH: The Directors, their rights, qualifications, method of election or appointment shall be as provided in the By -laws. The initial membership of the Board of Directors is as set forth in Article Tenth below. EIGHTH: The internal affairs of the corporation shall be governed by By -Laws. The distribution of assets upon dissolution or f }nal liquidation shall be in accordance with Section 48 of the District of Columbia Non - Profit Cor- poration Act, and there shall be a plan of distribution in accordance with Sec- ' tion 49 of said Act. No part of the net earninqs or assets of the corporation shall inure to the benefit of, or be distributable to its directors, officers, or any other private individual, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered. Upon the dissolution of the corporation, the Board of Directors shall after paying or making provisions for the payment of'all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner or to such organization or organizations organized and operated exclusively for charitable and educational purposes and shall at the time qualify as an exempt organization or organizations under Sec- tion 501(c) (3) of the Internal Revenue Code of 1954 (or any corresponding pro- vision of any future United States Internal Revenue Law) as the Board of Directors shall determine. NINTH: The address of the initial registered office of this corporation is 1111 H Street, N.w., Washington, D.C. and the name of its registered agent is Joe O'Campo. TE:rrH: The Board of Directors shall consist of members in good standing in the League of United Latin American Citizens (LULAC) National Supreme Council. Their number of Directors shall not be less than three (3) nor more than twenty - two (22). The names and addresses, including the street and number, if any, of the persons who are to serve as the initial Directors until the first annual reeting, or until their successors be elected and qualify are: Pete Villa, 315 Montana Avenue, Santa Monica, California I/ Sal Rivera, 1822 Corinth Avenue, #2, West Los Angeles, California. Alfred Vasquez, 1822 Corinth; West Los Angeles, California '90025 ELEVENTH: The name and address, including the street and number, if any, of each inoox7rator is: Pete Villa, 315 Montana Avenue, Santa Monica, California Sal Rivera, 1822 Corinth Avenue, #2, West Los Angeles, California Alfred Vasquez, 1822 Corinth, West Los Angeles, California 90025 I LULAC NATIONAL EDUCATION SERVICE CENTERS 400 FIRST STREET, N.W., SUITE 116 WASHINGTON, D.C. 20001 ADMINISTRATIVE MEMORANDUM TO: ALL FIELD CENTER DIRECTORS FROM: RICHARD D. SALVATIERRA, NATIONAL ASSISTANT DIRECTOR DATE: JUNE 5, 1975 SUBJECT: RESOURCE ATTRACTION POLICY The purpose of this memorandum is to provide all Field Center Directors with a method of attracting fund or human resources. This memorandum complies with Board policy and National Manage- ment authority. Herein is the stated policy: I 0 I S A. Foundations and Corporations M All proposals to Foundations and Corporations must have National office approval prior to the submission of said proposals. The following policy shall be adhered to at all times when preparing and submitting proposals to foundations and corporations. 1. Local Field Centers may develop proposals for local foundations and /or corporations only. National foundation and /or corporations are to be dealt with only by the LNESC National office. However, if Directors have access to information regarding National foundations and /or corporation, this information should be made known to the National office. 2. If a Field Center develops a proposal to a local foundation and /or corporation, the Center shall submit the proposal and all correspondence regarding same to the LNESC National office. The National office shall: a. make a determination concerning its applicability and provide approval or disapproval for submission. A decision will be made in each case within a period of one week. if the proposal requires a tax exempt status or rewrite off to the donor, the national office will submit the proposal on behalf of the field center and the funds should be made by the donor to the National office to be earmarked to the appropriate field center. The National office will be responsible for processing the funds through the LULAC Foundation in order to receive the tax write off to the donor. C. if the proposal does not require tax - exempt status the LNESC National office will notify the Center of its approval (or disapproval) and submit the proposal directly or return it to the Center for submission. 3. All funds awarded shall be centralized at LNESC National office. Funds shall be channeled to the proper grantee and accounting records will be kept at headquarters. Any fiscal reports which are required will be compiled at the National office. B. CETA (Comprehensive Employment and Training Act) 1. CETA Title II and Title VI Proposals shall require National approval regardless of whether LNESC will handle any funds. In addition all other CETA Titles (oriented towards "ma,,,,ower services ") shall also require National approval. ALL FIELD CENTER DIRECTORS B. CETA (cont'd) 2. In the event that CETA Proposals are approved by the National office, the proposal shall be returned to the Center within ten (10) days for submission. The Field Director may act as an official signatory to CETA contracts upon approval. 3. All CETA funds will be forwarded to the National office. If for any reason it is not possible to maintain the accounts other than at the National office, this should be made known to the National office before submission. In the event that CETA funds must remain at the local level, the individual Center will set up separate books and remit amounts owed to the National office as per billings from the National office for salaries and fringe benefits. CETA Administrative funds shall also be submitted to the National office. All funds will be earmarked for the appropriate Center. The Fiscal office memo- randum dated 14 May 1974 (copy attached) outlining billing procedures for current CETA personnel expendi- tures incurred by headquarters, i.e. wages and benefits, will apply to future CETA contracts. C.. College Work -Study and Internships 1. All contracts for college work-study-and Intern personnel shall be forwarded to the National office for approval and signature. 2. Hiring of non - contractual or Brat -is basis college work study or intern personnel shall be approved by National prior to hiring. 3. All billings for the 20% cost of college work study or intern personnel shall be made directly to the LNESC National office by the institution being contracted with. D. Revenue - Sharing (General and Special), and Local or State Government Funds The section of this memorandum on "Foundations and Corporations will apply to this section. E. Other Proposals to Sources of Program Funds or Gratis Personnel All other proposals to sources of Program Funds or Gratis Personnel shall require National approval before said proposals are submitted. (This will include Youth Employment Service /NYC, Public Local Service Employment, Work Incentive Program, Operation SER Trainee placements, etc.) = Z ALL FIELD CENTER DIRECTORS Additional Comments: This memorandum shall be considered official LNESC Resource Attraction Policy. Compliance is essential for a National porgram to operate effectively and efficiently in management and fiscal accountability. It should be noted that the policy on Foundations and Corporations specifically prohibits Field Centers from developing proposals with National organizations. The purpose of this particular state- ment is to avoid duplication and overlapping and to insure National coordination of resource attraction efforts. A policy should be a working document for an organization. The intent of this policy is to provide Field Centers a working vehicle for resource attraction; however, it is not intended to discourage the effort. Pre - planning and time schedules should be part of any good proposal. On rare occasions when timeliness of a proposal is affected you may call the Director of Field Operations (or follow channels if this individual is not available) and justify exceptions to this policy. In those cases the individual management record of a Center will be highly considered. This memorandum is retroactive inasmuch as the National office is requiring all written matter regarding proposals already in effect if some have not been submitted. However, no contracts or agreements already in effect will be adversely affected or altered to fulfill the requirements herein stated. Additional Comments (cont'd) __5 Please contact the Director of Field Operations for questions regarding this memorandum. cc: Rick F. Manzanares, Director of Field Operations Rodolfo H. Castro, National Executive Director Loring R. Henderson, Fiscal Officer Helena A. Grady, Director of Research Advisory Committee Chairpersons Board of Director Members i z%A p$ �_ NATIONAL HEADQUARTERS 400 First S-rBBt N W Suite 116 Washington DC 20001 (2011 347 -1552 FIELD CENTERS Albuquerque 525 San Peon, N E Albuguero- New A4e.w0 81108 (505) 262 1408 Boston 2 Sacramento Street Cambndge Massach —ft 02140 (617) 876 -8270 Chicago 40541: W 26th Street Chicago, la— 80623 1312) 522 -4400 Colorado Springs 334 E Colorado Avenue Colorado Sprmga, Colorado 80903 (303) 471 -3385 Corpus Chrish 102 Morgan AVBM�B PO Boa 3455 Coro- Chnsu, Tevaa 711404 (512) 8835134 Houston 111 North Sampson Houston, Texas 77003 (713) 229 -8639 Phoenix nit So 11 4811, Sheet surta o Tempe Ancona 65282 18021 268 1543 Pomona 151 Pomona Mall East m Poona, California 91766 (7141 6230588 San Francisco 3000 Fclsom San Francisco Cel fomia 94110 (,t' e) 285 -8800 Seattle 2524 16th Street Seanle, Washington 98144 (206) 322 -8655 Topeka 214 W 6th Street — 1 st Floor Topeka, Kansas 66607 (9'3) 357 -5271 LULAC NATIONAL EDUCATION SERVICE CENTERS LIST OF ADVISORY COMMITTEE MEMBERS Adam Basaldua 2034 Gollihar Corpus Christi, Texas Ruben Bonilla 2590 Morgan Avenue Corpus Christi, Texas Romeo Flores P. 0. Drawer 1339 Alice, Texas Judge Raul Gonzalez San Patricio County Courthouse Sinton, Texas Robert Gutierrez 5050 Rockford Street Corpus Christi, Texas Dr. D. Whitney Halladay 6300 Ocean Drive P. 0. Box 6010 Corpus Christi, Texas Dr. George Helton 515 N. Carancahua Corpus Christi, Texas Jim Hubenek P. 0. Box 9176 1801 Nueces Bay Blvd. Corpus Christi, Texas Amelia Medina 1106 Alexandria Corpus Christi, Texas Denise Oliveira 1921 Hudson Corpus Christi, Texas Gilbert Perez 511 E. Main Robstown, Texas Charlie Suarez P. 0. Box 934 Sinton, Texas Enrigue Uribe SDISD /Junior High School San Diego, Texas I. Q. Vidaurri Texas A & I University Kingsville, Texas Norma Wilman 2117 Rosalie Corpus Christi, Texas i TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. CETA PROGRAM PLANNING SUMMARY 3. BUDGET INFORMATION SUMMARY 4. PROJECT COMPONENT BUDGET 5. PROGRAM NARRATIVE 6. ASSURANCES AND CERTIFICATIONS 7. SPECIAL CLAUSES 8. AVAILABILITY OF FUNDS CLAUSE 9. CASH DEPOSITORY CERTIFICATE 10. SPECIAL BANK ACCOUNT 11. AUTHORIZATION FOR ADVANCE PAYMENT 12. CERTIFICATION OF ACCOUNTABILITY 13. BONDING REQUIREMENTS 14. INSURANCE REQUIREMENTS FX111BI r F 1661 t M A P. 0. Box 9195 Corpus Christi, Texas 78408 t FOIL REGIONAL GFFICE USE ONLY CONTnACT 1<I1W ;u Z t; du r i 11�� :i '" k I.E N (t U V 6 e c. GIIANT YCAt'4 _ d, 'ivPL Or PfIOGltnht�� room To I. a61 Title 1 3. 0 Title Ill 51,oclly ...................... •' 7/1/75 I 6/30/76 P. ❑ Tlltn 11 A. C]'nne VI- INSTaUCTIONS FOR COMPLETIN SECTIONS I, II, AND III -- •- -�' nECO Section 11 A ( Totad Etuollmental Is tied rum of A.1 and A.I. 0 ('fowl Tcrmtaatiere) is the turn of D.l thraugh 0,3. C (Planned Grrolimcntt) is A nllnos 0. Section Ill Enter. In line (a) Enlalinsenst In each program activity cumulatively Ulrough due grant year, and in line (b) the number of p•letieipanls planned to bo enrolled In each prcgram'activity at the end ur ea:h e y quarter: pullcipvrts who out concurrently enrolled 41 mora than one activity should be counted N Each _ activity to which Uscy ara Welled. Section III: Enter the cumulative number or pullctpaolt In each ugmonl to be enrolled durWi the nrrare yex, a 2 3u Puticipaats should be counted In as many d9rWiccnt segment group: as ue Jppllcable. 1, EN(IOLLNICNT AND TEnMINATION SUMMARY � GRANT YCAR•TOUATIe+PCAN ' A. TOTAL CNnOCL• 1, Enroll- menu 0. TOTAL 2• Parllel• p" Its Ccl- T71ON5 A• r EOlerinq nrtoyrrcn a. Direct D. Iplemi t C. OatJ lnCd 3. other Pe:lllVe 3. Non• Da 1111v1 C. PLANNCC ENAOLWEr•rl' __ MCN7e: _�n 11 Yry Over Other ACOVIR /t __. I'ICnu e. _Diem u._21nloJ z t�,a1 7 (rnJ of alrrttr c 9 5 l 2 5 t 101 1 2 _I_1_ 1_�7 _L_I _L 1 r 01 5 .1J�L _1_ 1 rO 21 T r��a 1 2 7 5 2 DO 17 2 190, 7 0 , 715 i 1 y� 0 1, as :'" 0 3 62 _C `! , rip � 117 ^u 0 1 7 1 L�8_ 1 61 CarrmllY Cnr 011td T- 0 3 0 G 7 al .'L - 1.1.x:1 -� �L-L_� - L_IJ�- t: JI Total Enrolln,enie o G .19 ] 1 Oa '/a I•IJ j„I 1 t_ J�2 5 2 2" 25 1 GI currtnlly Cnralletl _... �_ 0 0 2 -.'3 JO 15 30 . 3: Co G5 70 It. PLANNED ENROLLMENTS IN PnOGIIAM ACTIVITIES IV, .GTHCIl ACTIVITICS (Raforenca IIF) Indicate other oetivltics or ipedol proorl on oltoah• ' mantt. Describe their objectlw( and iii( milWonet toward lhelrlehiavomont in a quuntitaliva or norrotivu pro sensation, • A p C D E P CLASSROOM TriAINING Ivl —!,—I. Voc. Ed. On-the-Job Training Pub, $-3NV4 Cnhlorn•.rr•I work Eaaxrlonto Other ACOVIR /t __. Jt 7oul CnialmanH' o e 7 _- sl 5 1 1 t L •1 bl Cu111111y Cnr 011ee 0 7 7 11 I I (�_ �'� 8_ G )) To1.1 Cnlolln,entr 1 2 7 ��_ qo 17 u} .0 urranlly L'nrallen i 7 _ 1 0 _C `! a JI To1J1 Criwl mini/ 0 3 7 i 5 _•( r 1, ( 1 61 CarrmllY Cnr 011td T- 0 3 7 1 1 1 1 1 8 r. t: JI Total Enrolln,enie o G 7 1 I I }, j„I 1 t_ J�2 5 r r I _ r 1 GI currtnlly Cnralletl _... �_ 0 0 2 -.'3 7 2•f 2; ^� 30 . 3: 1 A5 I • So' . 111, &ICNIFICANT SCGMENTS V. o, SIGNATURC OnAN7 YCAn•TO oil TL' kL N- UTIANT YCltn•70TC%1TE P�AN� f1G IiIPICAN7 Tj /]0� lYpl a /al G /lu 51GNIFI CANT p/lp i1N1 3 /31 b /30 SCvw.N7i SCCMEV7r -- __ rat ICI _ 1c1 Jul _ I +t (u! (Cl '(u) b, DATE SIGNED �DisadvanY.aRc T F unemplo ed 1 Tunderem aye 225 J _ t- ^-. 11.E PROGRAM Coastal Bend Work Experience Program SUPPLEMENT TO THE CETA I TITLE I T. h -UMBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM YEAR TO DATE. 'ONTH -YEAR 125 II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CLDIUL4TIVE PROJECTED EXPENDITURES BY MONT] 7ULY 125 125 ;GG. 125 108 :EPT. 125 108 'CT. 175 108 :OV. 175 108 I -C. 200 100 210 108 B. 215 108 rL CH 225 108 ?RIL 225 108 AY 225 108 225 0 ' � S T RTTCTTONC I. Enter the total planned number of individuals who are planned to be served cumulative each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the ' . II. Enter the total planned number of individuals who will be in the program covered by this POP on the last day of each month. Only individuals who have been declared eligible for and are receiving services", training, or employment should be counted. The number in March, June, September, and December should agree with the entries-in Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals in March, June, September, and December should agree with the entries in Part 111B of the Lakli COASTAL BEND WORK EXPERIENCE PROGRAM , P, 0. Box 9195 BUDGET INFORMATION SUMMARY G, TYPE L31: PIIUGNAM 505' South Slater Street 4. 0 7111y v1 Corpus Christi Texas t s. t7 r1110 11 f slur+/ al ................. ..... „,,,.,,.,,,.,....,.,....,. h } FOR IILCIU_N•1_L OFFICE. USC ONLY CONTnACT 1lLV ��- DATE IMUD 1,I`IJ�CU � ya tc us ICI . 1 C, +, 11! �J i17 17 IOII!:1.^f lJ.f <,1:�:G L. BUDGET ciMmAlAY COST CA'fCC_OMCS CRANT PROGRAM rUNCTION C0. ACTIVITY hSTIMATEO UNpXI'CNCICO FUNDS NL'W all nCVISL'O LIUOCL� 7 I TOTP ,I. Federal a�.�� - ��.... �..•�- ••.•.••,,s C. Non- Fedofalr- .. .__...s.= ascexe d. t•odoral rs -r-va _s5ws -_ _�_._ _ 1 3 J 2 C. Nun•PC drrai =.. ncnva_v.r__= a, = =-c =..v rr. . -_ -• _� _acr_.:cx__ -_. _. �- 1, Admni+ttation k'`' _ -0- c J 1 6 K 4 -0- 66,449 ^ 1. A!lanancrt ir`” -0- -0- 1 1 1 _p_ _p_ s'1 Z. Yla7rt :i S -p- -0- 413191, —; 16 15 1 1 1 -0- 439,615 a. Ft ire ecmlils -0- -0- 13151, 1 6 8 I -0- 35,168 _ I2J _ - 191.1910101 1 1 1 -0- 9 900 u. Srrvictc �' 1_0_ _p- 4f [1 9 2 2 G I -0- 2 206 7, Tatats c I -10 -t' I I I -0- 4 3, 13 8 I I -0- 643,338 F. CUMULATIVE Col. L Pnmt srons:r 1771 I'lo;rued Cxrcndiuvc+ by Program a C'a'^oom 11aininq Prime Sponsor 1 _ QUARTERLY PlIOJECTIONi OF :0. 0/70 E _'b„. J? L J 5 15a 83K O 150 I OOLIGAYIONS AND EXI'CNDITUBES 9 - _1:71 81 1 m'' _ ` rt'4J,i13Lc. A - J�3/31 11 1910..2 t2.Ji 1 1 I 1 _I J , Ic, h_.o 7 , 0 660,4,,331 r7 •.,� i 1 1 d . 1,33G11I 3 3 i 0 11i8_8 , V. On lhr•Jola'fcalnin �I c. rublic Srrvtcr Cmploymrnl a 6 I I I I I I `•] 7 _1_.1_1_ 66 I -11yI - 1 119 J..1 -J-1 1 I I 1 I I I I L.,Lj,.,�,.,I�f_1..�1 O r�13,,151012LJ "' emu. 1. "_ I]_ ��I� 1'� I I I I I I L a C I I h ^c 614,3 i�.1�1_I -II ��� � I_I I 1'9.1 �7 • !'t I I I f I I I J., I 1 h -,t- I ,33181 _1 - -� .I , d. V,mi h. rrncnm t, Srn,err to Panidpanl4 L C:hrr - nvuu.'I ,., Lc IISt01,1813141 19312111 d �, t, I I 1�1 Ir,,,l, _':1,..1..1 C:- - ] ? _� ��� i9r 1 7 J, _ - a _ 7 't ). Ivo!.'eltd Crpcndirores for Vomional rdueallon In _ SF,cul crorl" to Govtrnotl 1 c_ •I 1, n:rnrd kxprnJd ures of ,:on.l'rdcra! Funds T' C, ^_ rh:,r„ funds. tlol ,n I'nmc SFunwr'a Utant CxrenJuurtl _ I- I .L.1_1.1.- 1- 1..i...I I I 3 1 6 6 8 I J- 1= LJ -1-L -1 - 41rrI9 3 �5�012.� 1 !ec' 614�3H31JJ - - • ----r- -I l,. Ct,nd Towi • 1're;reled '2J114�7 ryryII I 1 . ,�� 1-I� .%. o'nal PL'IIIOOGNUINCr- _ _ 4,.4 4.1.14 r i PROJECT COMPONENT BUDGET TITLE I TITLE II TITLE III NAME OF CONTRACTOR OR SUBGRANTEE: City of Corpus Christi FUNCTION OR ACTIVITY: Coastal Bend Manpower Work Experience Programs AMOUNT (1) ADMINISTRATIVE COST: (2) WAGES: (3) TRAINING: (4) FRINGE BENEFITS: (5) ALLOWANCES: (6) SERVICES: $ 66,449 439,615 9,900 35,168 92,206 TOTAL AMOUNT: 643,338 %�' I (1) ADMINISTRATIVE COSTS SUB -TOTAL 66,441) AMOUNT a. STAFF COSTS: 30,565 b. FRINGE BENEFITS: 5,034 C. CONSUPL4BLE OFFICE SUPPLIES: 6,000 d. PROGRAM EVALUATION: -0- e. ACCOUNTING SYSTEM: -0- f. MANAGEMENT INFORMATION SYSTEM: -0- g. STATE MANPOWER SERVICES COUNCIL: N/A h. PRIME SPONSOR PLANNING COUNCIL: -0- i. Tye. 9,750 j. R2 T: 28.85 per sq. ft, x 1907 sq. ft, x 12 mo. 6,600 k. UTILITIES: -0- 1. CUSTODIAL SERVICES: -0- m. INDIRECT COSTS: -0- n. STAFF TRAINING: 500 o. TECHNICAL ASSISTANCE: -0- p. EQUIPMENT: -0- q. MATERIAL: -0- r. CAPITAL IMPROVEMEENTS: -0- s. PUBLICATIONS: 11000 t. AUDIT SERVICES: -0- u. OTHER: (Specify) Communication, Postage, Telephone 3,000 v. OTHER: (Specify)Duplications - Printing Costs 4,0_00 w. OTHER: (Specify) x. OTHER: (Specify) -0- __. .- SUB -TOTAL 66,441) 11 BACK -UP SUPPORT BUDGET (2) WAGES: a. On -Job Training: b. Transitional Subsidized Employment: c. Other: (Specify) Wages (Work Experience) d. Other: (Specify) Wages (Senior Aides) SUB -TOTAL (3) TRAINING- a. Salaries: b. Fringe Benefits: C. Tuitions: d. Entrance Fees: e. Books: f. Teacher's Aids: g. Other: (Specify) Education h. Other: (Specify) Testing SUB -TOTAL I AMOUNT -0- -0- 400,000 39,615 439,615 -0- -0- 4,500 -0- 1,500 500 2,400 1,000 9,900 BACK -UP SUPPORT BUDGETS (5) ALLOWANCES: SUB -TOTAL -0- =i A- MOTRIT (4) FRINGE BENEFITS: a. Annual Leave: -0- b. Sick Leave: _0- c. Court Leave: _0- d. Military Leave: _ e. FICA: (Enrollees) 25,717 f. Life Insurance: -0- g. Health Insurance: -0 -. h. Uneuployment Insurance: -0- i. Workmen's Compensation, and General Liability: 9,451 j. Retirement Benefits -0- k. Other: (Specify) -0- 1. Other: (Specify) -0- SUB -TOTAL 35,168 (5) ALLOWANCES: SUB -TOTAL -0- =i BACK-UP SUPPORT BUDGETS AMOUNT (6) SERVICES TO CLIENTS: a. Child Care: 1,000 b. Health Care: -0- c. Medical Services: 5,500 d. Residential Support: -0- e. Assistance in Securing Bonds -0- f. Family Planning: -0- g. Outreach: -0- h. Intake and Assessment: -0- i. Orientation: -O- j. Counseling: Fringe 15% (includes g,h,i,k,l) 77,706 k. Job Developrre nt: -0- 1. Job Placement: -0- m. Other: (Specify) Coaches 6,000 n. Other: (Specify) Enrollee Travel - Tokens 2,000 o. Other: (Specify) -0- SUB -TOTAL 92,206 GRAND TOTAL 643,338 FLEXIBILITY OF COSTS: Administrative cost will not exceed 17 %of the total cost. The flexibility of costs between cost categories will depend upon the negotiated agreement between the Prime Sponsor and the Contractor. S = POSITION TITLE SALARY PER HD. UNITS PAID S OF TIM> TO POS TOTAL AMOUNT HOUR w :zx HOUNZ wz :xs PROJECT DIRECTOR 40 52 100% 15 000 STENO SENIOR CLERK I 3.57 142.80 40 52 10 CLERK II PAYROLL 3.02 121.00 40 52 100% 6.292-00 E I CLERK II RECEPTIONIST 2.98 119.28 40 52 1991- COUNSELOR 5.00 200.26 1 40 52 11007 1 COUNSELOR /COORDINATOR 6.10 244.00 40 52 100% 2 COUNSELOR /COORDINATOR 6.07 243.00 40 52 100% i 12.636.00 COUNSELOR /COORDINATOR 6.27 251.00 40 52 100% 13,052.00 COUNSELOR COORDINATOR 6.05 241.69 1 40 52 1007, 12.567-RA TOTAL STAFF THIS PROD /COMP. TOTALS 96,277.56 RENT SQUARE FEET RATE /SQ. FT. /MO. MO. IN US% HO STAFF USING % USE TOTAL AMOUNT o. RE» T .............................. 1907 28.85 12 12 100% 6,600.00 b. RENT ................ I .............. ,TOTAL 6,600.00 ~` E I ADM. 8302 28,717 SERVIC 8303 67,559 I POSITION TITLE SALARY PER NO. UNITS PAID % TIN! TO FOS. TOTAL AMOUNT N.U. wiix NoU" wiixi ADIfaNISTRATIVE AIDE 3) 4.12 164.80 40 9 100% 4449.60 b. RENT- .............................. VER11OR'S OFFICE NIGRAN AIRS OUTREACH WORKERS XTENDED TO SEPTEMBER 1, 1975 TOTAL STAFF THIS PAOJ /COMP. TOTALS �>• 4449,60* *Plus 15% Fringe Benefits rn'MA - Outreach Workers utilize Work Experience Office Space. SOUAA1r RAT>• /SQ. MO. IN HO.STAFF TOTAL RENT FEET FT./MO. U31 USING USE AMOUNT o. RENT ............................... b. RENT- .............................. �, TOTAL:''_ 2. NUMBER TO BE SERVED: The program goal is to serve at least 174 Work Experience trainees. However, due to turnover, approximately 320 individuals will be served. Trainees selected, will be economically disadvantaged, unemployed or underemployed, with special emphasis on heads of households. The Program proposes to serve 34 Senior Aides. 3. SERVICES PROVIDED BY THE PROGRAM: a. Work- experience: development of skills through on- the -job training with coach- ing and supervision. Senior Aides: Part -time employment b. Wages: Minimum wage (40 hour week) $2.10 from July 1, '75 to Dec. 31, '75 $2.30 from Jan. 1, '76 to June 30, '76 c. Counseling: individual and group counseling for personal and family problems, together with vocational guidance for job place- ments. d. Education: in cooperation with T.E.A., Del Mar College, Bee County College, and the various Independent School Districts. The Program provides remedial and voca- tional classes to meet the academic needs of trainees. In areas where such classes are not avail- able, the staff will attempt to get com- munity support for an educational program suitable for these trainees. I£ this should fail, remedial classes will be given in conjunction with the counseling services provided by the staff. e. Tuition Expenses: Program pays all expenses for tuition and required books for trainees attending educational classes. 1 8 4. SUPPORTIVE SERVICES: The staff collaborates with all social work agencies in town to ensure that trainees can benefit from the services offered in the areas of child care, public housing, medical and financial needs, transportation, retirement and social security benefits. 5. CLIENT ASSIGNMENT STANDARDS: All applicants are interviewed by counselors and certified for eligibility according to these guidelines: a, persons 17 years of age who are head of household and who are unemployed or underemployed or economically disad- vantaged. b. persons 20 years of age and older who are unemployed or underemployed or economically disadvantaged. In addition to meeting the eligibility criteria, persons of the following characteristics are seen as more in need of services: a, heads of families, supporting some dependents. b, persons with low standards of education c, people who are handicapped, recipients of Public Welfare benefits, or who are un- employed for a long period of time. 6. EQUAL EMPLOYMENT OPPORTUNITY: The EEO rules and regulations outlined in the Program's Affirmative Action Plan are observed. 7. WHAT WORK IS BEING DONE: A. Work Experience Director: 1. Supervises the development of training sites as required. 2. Coordinates the flow of participants into and out of program. 3. Maintains linkage with other agencies and governmental bodies. 4. Analyzes effectiveness of program. 5. Monitors training sites and trainee Program. 6. Performs administrative duties as per- tains to Directors position. B. Counselors (Administrative AssistantsZ: 1. Determines eligibility of applicants. 2. Selects eligible participants. 3. Maintains follow -up as required. 4. Organize and operationalize trainitlA in the various skills and general edu,`Ati00- 5. Aids in the placement of trainees. 6. Provides on -goiag group and indivONIOI counseling of an occupational, edu,�-Gional. self - development nature. 7. Provides information on trainee progress to Project, and documents trainee files and records. 8. Coordinates support services with the trainee. 9. Assists trainee in development of em- ployability plan. 10. Coordinates Program inputs called for in the employability plan. 11. Provides continuous support to trainee in on -going development and modification of plan. 12. Assists trainee with job placement. 13. Counselor /Job Developer will verify el- igibility certification. C. Coaching: Coaching is an auxiliary function to the professional counseling service, usually performed by an individual who caa establish a peer relationship with the participant, and act in a supportive role. They shall perform the following kinds of tasks: 1. Liaison between participant and the Program, making both aware of the atti- tudes and the needs of the other. 2. Participant outreach. 3. Personal support and assistance for trainee in training. 4. Counselors' aide. 5. Follow -up. 8. WAGES AND WORK SCHEDULES: a. Enrollment in the Work Experience Program will be accomplished on an open -entry basis according to individual needs. Primary wage earners, or heads of household, will be seen as most needy applicants. b. Term of enrollment will vary according to the particular work- experience and the educational needs of the trainee. c. All trainees will be paid on a bi- weekly basis. d. Trainees will be paid by the Project at the minimum wage rate for a 40 hour week. However, flexibility must be given so that the individual needs can be met. 25 to 30 hours may be necessary for trainees who are attending such classes as offered at Alternative Education Center, Del Mar, Bee College, remedial classes in rural areas, G.E.D. classes, etc. s I * I e. Time sheets, signed by the supervisor and" the trainee, will be sent to the Work Ex- perience Office to be processed, approved, and entered on the permanent payroll sheet, from which the pay checks are made. 9. HOW THE WORK IS TO BE COORDINATED: A. Support given: 1. Coordinator (Director) will insure that counselors are aware of status changes, need for special follow -up, and any other information that should be passed on to counselors or other office staff. 2. Coordinator (Director) will monitor, ensure proper implementation of Program and perform other duties that fall under the administrative arm of the project. B. Support received: 1. Counseling staff will inform Coordinator (Director) when slots are needed. 2. Counseling staff will screen eligible applicants. 3. Counseling staff will provide support services for trainees as needed and as listed previously. 4. Counseling staff will provide on -going counseling. 5. Counseling staff will provide services as name applies. 6. Coaching staff will perform duties assigi by Coordinator (Director) and counselors 10. ADMiNISTRATIVB pROCEDuRES: Administrative procedures as outlined by the Coastal Bend Manpower Consortium (prime sponsor) and the City of Corpus Christi (program sponsor) will be carried out. 11, pERFORMANCE STANDARDS: a. All training slots shall be developed in credible public agencies. b. Not more than 15% of trainees shall be ter- minated for reasons other than transfer to another status, such as job placements, othe CETA programs, etc. OUTREACH WORKER - AD1,1INISTRATTVVE AIDE COVERNOR'S OFFICE OF WGRANT AFFAIRS NARRATIVE 1. OUTREACH WORKER'S FUNCTION: 2. QUALIFICATIONS: 3. POSITION• 4. SALARY: 5. HOW THE WORK IS TO BE COORDINATED: Outreach worker's duties are, but not limited to, maintaining a liaison and working relations with migrant and seasonal farm workers, social service, delivery organizations, elected officials, and business and community groups. Duties will also include development, assessment and dissemination of data necessary for migrant and seasonal worker program plan- ning. The outreach worker should assist in the development and evaluation of plan- ning programs designed to meet training needs in areas to be served in development and implementation of service delivery system. The outreach worker will assist popula- tion study to be undertaken in migrant and seasonal farm worker population study that is to be undertaken throughout the state, and will compile, analyze and submit information to be given to the Governor's Office of Migrant Affairs. The outreach worker will also identify gaps in service to the migrant and seasonal farm workers, and assist in establishing linkage for delivery of service. Some college education in the social service field in addition to Work Experience in manpower programs, or related activities. Grade 18B $714 monthly: $164.80 wkly x 9 wks x 3 workers Plus 15% fringe benefits: 4,449.60 667.44 5,117.04 TOTAL thru 9 -1- Through the Coastal Bend Work Experience Program by directives from GOMA. AFFIRMATIVE ACTION POLICY FOR WORK EXPERIENCE PROGRAM The Coastal Bend Work Experience Program will recruit, hire, and promote for all training slots without regard to race, color, religion, national origin or sex. The Work Experience Program will base decisions on training solely upon an individual's qualifications for the training slots being filled. The Work Experience Program will insure that all other personnel actions such as compensation, benefits, etc. will be administered without discrimination. Staff meetings are regularly conducted with staff to explain intent of policy and individual responsibility for program implementation. New discrimination policy is constantly posted on bulletin boards. Coastal Bend Work Experience Program will treat all applicants and employers without discrimination as to race, color, religion, sex, or national origin. Coastal Bend Work Experience Program will identify itself as an equal oppor- tunity training program. M 40 COASTAL BEND WORK EXPERIENCE PROGRAM City of Corpus Christi a I t 10. LISTI:iG OF E TLOY2IENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, that all suitable emplcyment openings of the contractor which exist at the time of the execution e: this contract and those which occur during the performance of this contract, including those not generated by this contract and including_ those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such repor s to such local office regarding employment openings and hires as may be require -: Provided, That if this contract is for less than $10,000 or if it is with a State or icca1 go7ernment zhe reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic•:uar group of job applicants, and nothing herein is intended to relieve the Contrac -Zr from any recuirements in any statutes, Executive orders, or regulations regard`` -_g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, h,t not be limited to, periodic reports which shall be filed at least quarterly wi=g the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Suc reports shall indicate for each establishment (i) the number of individuals whz were hired during the reporting period, (ii) the number of those hired who were disabled -reterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 ds7s after the end of each reporting period wherein any performance is made under t'---'s contract. me Contra =tor shall maintain copies of the reports submitted anti= =e expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized reprezenta.ives of the Contracting Officer of of the Secretary of Labor. (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such estn'e- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no --eed i = to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. , (e) This clue does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproductio. plant and office;, laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment 6f more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes o * * to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is Dart of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. I t (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may - direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor/ Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be :final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and interest of the Contractor /Subgrantee under the orders and subcontracts so term - mated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more 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/ Subgrante e 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 Contrac�or /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, AP1D PAY - 1Tr.T1T Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract /subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contract or/Subgrant ee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon 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, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount. r contract /subgrant shall be equitably adjusted by agreement between the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/sub- grant. (i) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor /Subgrantee will be 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 my such excess payment attributable to a reduction in the Contractor's /Subgrantee's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. S. TEP24INATION FOR CONMTIENCE 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- formance 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 ?r (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 cl --4m 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor/ Subgrant e e in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Coat ractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the t (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reiu- bursable in whole or in part, in accordance with the provisions of taus contract / subgrant. (6) Transfer title to the Prime Sponsor (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract /subgraat had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract / subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor/Subgrantee under this contract / subgrant or shall otherwise be credited to the price or cost of the work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; 7. TEIVINATION a. The performance of work under the contract /subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor /Subgrantee shall default in per- formance of this contract /subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shell fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the 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/ Subgrant ee 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; I # d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the 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 pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (4) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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 /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractorl'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: S = (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 CPR 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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of submission of the list, and any necessary adjustment to corrFct 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 claim 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 of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. I f f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract /subgrant as changed by the Prime Sponsor's Contracting Officer in 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 /Subgrantee 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, retirement 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, retirement plan, or statutory requirement. 3. CRILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor 's /SubgranteeIs cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting fo -th the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor' s /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. r in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the-provisions of paragraphs (1) through (7) in every subcontract or purchase order unleSs'exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. 'he minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above. 6. TERMINATION OF TRAITTEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. I/ 4. EQUAL OPPORMNITY CLAUSE During the performance.of this contract, the contractor agrees as follows: (1) The contractnr will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to most in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination. clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideratica for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 19652 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information sad reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will per--it access to his books, records, and accounts by the contracting agency ami the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with eny of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Goverment contracts in accordance with procedures authorized 1 SPECIAL CLAUSES TABLE OF CONTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION .......... ...........................Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3 5. TRAINEE OR ENROLLEE WAGES . ...........................Page 4 6. TERMINATION OF `i'RATNEzs OR moom EES .................Page 4 T. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9. CONSTRUCTION AND BUILDING RF .HABILITATION .............Page 12 10. LISTING OF EMPLOYMENT OPENINGS .......................Page 13 11. DEVIATIONS ................ ...........................Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCONTRACTING ............ ...........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15. ORDER OF PRECEDENCE ....... ...........................Page 17 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (ADDRESS) (DATE OF APPLICATION) ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. NAME OF APPLICANT) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (ADDRESS) (DATE OF APPLICATION) H 7. Agencies and institutions to whom rin«ncial assistance is made available under this title have undertaken or will undert; - , analyses of job descriptions and reevaluations and, where sho,.vn necessary, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relat.in-I thereto, in accordance with regulations prescribed by the Secretary, with a view to:vard removing artificial barriers to public emp'_ot•ment those whom it is the purpose of the pct to assist (section 205(c)(18)). S. Where appropriate, it will maintain or provide linkages with upgrading and -other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue v;ork with the einployer, in the same or similes: work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with oppo: -,unities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 603). 9. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and -- occupational advancement, inccuding opportunities for the dis- advantaged (section 205(c)(21)). - 10. Not more than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(x)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive ticiS liinitaLiou Lt exceptional circumstances - (section 215 (c)(22)). 11. Jobs will be allocated equitably to local governments and agencies. - taking into account the number of unemployed persons within thei- jurisdictions and the needs of the agencies (section 205(c)(23)).`.:- ` - 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub- sidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining _. agreements have been complied with (section 205(c)(24)). 13. 'Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(25))_ L G. Additional Assurances Relatiniz to Public Service EmploJnv ^nt Protzrams For ptihlic service employment activity, the applicant further assures and cert*__`ies ti.at: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designated to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide particip =ants with s lls for which there is an an`.icipated hioh d_man3, or (3) provide participants with sell- development skills; except where exempt under the provisions section 604 of tha Act, provided however that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604)_ 2. To the extent feasible, public service jobs shaU. be provided in occupational fields which are most likely to expand within the public or private sector as the- unemployraentrate recedes, except where exempt under Section 60-1 of the Act (sections 205 = (c)(6) and 604). 3. Special consideration in filling transitioaaL public service, jobs will be given to unemployed persons who are the roast severely disadvantage in terms of the length of time they have been unemployed without assistance, but sucH special consideration shall not authorize the hiring o`_ any person is on lay -off from the same or any substautiaiiy equivalent, job (sGClion20,(c)(7))_ 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any other regular employee• not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the•Aet_(sectioa 5. Due consideration will be given to persons who have participated. in manpower training programs for whore employment opportunities would not be otherwise immediately available ( section 205(c)(9)). -6. Periodic review procedures established pursuant to section 207(a) - of the Act will be complied with (sectiaa 205(c)(17)). f k. Services and activities provided under this Act will be administered by or under the supervison of the applicant (sections 105(a)(1)(B) and 205(c)(1)). B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited E rglish- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in servin.- such persons (section 105(a)(1)(D))_ 2. Programs of institutional skill training will, be designed for occupations in which skill shortages exist: (section 105(a)(b)). 3. The plan meets all the requirements of section 105(a) and the - applicant will comply with all provisions of -the Act (section 105(b)). 4, It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities ruder sectio ;% 105 and 108 of the Act (section 105(a)(7))."- 5. Special consideration will be given to the needs of P?igible " disabled veterans, special veterans, and individuals who served in the Armed Forces and who'receive other than a dishonorable discharge within 4 years before the date of their application. Each prince sponsor in selecting participants for programs funded under Title I of the Act, shall take into " _ consideration the extent that such veterans are available in ' the area. Specific effort should be-made to develop appro- priate full or part -time opportunities for such veterans. The prime sponsor should utilize the assistance of the State = and local veterans employment service representative in formulating its program objectives. On a continuing and timely basis, information on job vacancies _. and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (,ection 104(b) of Emergency- Jobs and Un- employment Assitance Act of 1974). 3% I s. It will submit reports as required by the SLcretary and will maintain records and provide access to thorn as necessary- for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the duct, including th_ maintenance of records to assist the Secretary in determining the extent to which the program meets the sper_ial needs of disadvantaged, chronically unemployed, and to income persons for meaningful employment opportunities (sections 70(12) and 311(c)). t. The progran will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, anci other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of vouth Ln the area served (section 703(15), and will - as! Lure that; (1) Individuals receiving training on the job shat be compensated by the employer of such rates, including periodic increases, as maybe deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate less than that specified in Section of the Fair Labor Standards Act of 1938 or, if higher under the applicable State or local mini um. wage lave - (section 111(b)). (2) Persons employed in public service jobs under this Act shall be paid wages which shall not be lower than _ whichever is the highest of (a) the rninimun% wage which ' - would be applicable to the employee under the Fair Labor - Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof, (b) the State or local zninir—um wage for the most nearly comparable covex-ed employment- or (c) the prevailing rates of pay for persons employed in _ similar public occupations by the same employer (section 203(a)(2)). W. It will comply with the labor standards requirements set out in section 706 of the Act. j. Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicrst (section 703(4))_ m. Provision of appropriate workman's compensation to all partic- ipants in on- the -job training, cork experience or public service employment activities and appropriate insurance for all partic- ipants in classroom training, services to clients, or other activities (section 703(6)). n. The program will not result in the displacement of employed s workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connectioa with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportm -ties are available in that occupation 'section 703(8))_ p. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become ecoaoraically self - sufficient (sections 703(9), 105(a)(6))_ q. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that , would otherwise be available for the planning and administration of programs under the eligible applicant's grant (sec_ 703(11))_ U b. It v,ill coniply with Title VI of the Civil Rights Acts of 1964, (P. L. 88- 354), and in accordance with Title VI of the Act no p�:.rson in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. C. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination ..where (I) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation is such program because of race, creed, color, national origia, sex, age, political affiliation or beliefs (sections 703(1) and 712). e. - It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMG 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. I. It will comply -with the provisions of the Hatch Act which limit the political activity of employees. g. It will comply with the requirement that no program under , the Act shall involve political activities (section 710)_ h_ It will establish safeguards to prohibit employees from using. . -their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family; business or other ties (section 702(a)). i. It will give the Department of Labor and the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 7I3(2))- ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P. L. 93 -567, 68 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circular (FMC) 74 =4 and 74 -7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. 2, The applicant further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director for Mannower (ARDM) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that . the ARDM may take appropriate action iacluding-termination, if necessary - 3_ In aaa;tion to the requir mcnts of 1 and 7. above and co .sistcut with Lhe regulations issued pursuant to the Act, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infor- mation as may be required; M I I T' 12. DISPUTES a. Except as otherwise provided in, the contract /subgrant, any dispute concerning a question of fact arising under this contract / subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor /Subgrantee. The decision of the Prime Sponsor's Contracting officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor /Subgraatee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a -written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. SUBCONTRACT12TG 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with £2i3 Armed Forces for a period of more than 180 days, any past of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty - for zarr-twocomnectealaisab Uity if any part of such duty was performed after August 5,1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that Contractor (or any first -tier subcontractor) has failed or refuses to comply .- -th the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the lags and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i} in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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. 1 = 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted in their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 124� per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION 1.`3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 12q a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet_ the poverty guidelines. I S June 2, 1975 7. MOTION: That no contractor exceed 177, for administrative cost. 8. AMEN MENf TO MOTION #4 (6- 17 -74): That all out -of -area travel for any program have clearance by the staff. AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTAUDIENT A - Paragraph 3 The undersigned hereby certify that: "Any moneys advanced to the State or local governments which are determined to be public moneys (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 255. Bark Name Name (Signature) (Signature) (Date) (Date) (Type Name) (Type Name) (Title) (Title) * HANDLED THE SAME AS THE ADMINISTRATIVE UNIT AGREEMENT FOR SPECIAL BANK ACCOUNT The hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and a banking corporation located at 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 contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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. HANDLED THE SAME AS THE ADMINISTRATIVE.' UNIT CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization or unie Financial Officer Check if one has not been appointed or designated. you Familiar with the Department z. will the Accounting system oe directly maintained by you? Q Yes Gi No (If No, who will maintain the account- ing system? Name and Address DYes ❑ No 4. Description of your. Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) USE CONTINUATION SHEET IF NECESSMRY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Nana and Title of Authorized Official Telephone No. and Area Code Signature I Date of Execution BONDING REQUIREDENTS 1. List of persons authorized to sign checks or withdraw funds from the Special Bank Account. 2. Copy of Bond covering those persons. ** HANDLED THE SAME AS THE ADMINISTRATIVE UNIT INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. 1266 CONTRACT SIGNATURE SHEET PRIME SPONSOR: CONTRACTOR: Coastal-Bend Manpower Consortium Jobs for Progress, Inc. (SER) P. 0. Box 9277 1201 S. Port Ave. Corpus Christi, Texas 78408 Corpus Christi. Texas 78405 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, hereinafter referred to as Prime Sponsor and Jobs for Progress, Inc. (SER) , hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of 88 ages, including this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the information in this Contract is correct to the best of his knowledge and belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. CONTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 537,881 1. Funds carried in from previous program year are $ 48,252 2. New funds obligated are $ 489,629 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) APPROVED FOR THE PRIME SPONSOR APPROVED FOR THE CONTRACTOR DAY OF , 1975 DAY OF , 1975 BY: Signature R. Marvin Townsend - City Manager Name and Title BY: Signature G. Rodolfo Garza - Board Chairman Name and Title ATTEST: APPROVED . City Secretary Date DAY OF 1975 APPROVED: � DAY OF 1975 atA�City Attorney Director of Finance EXHIBIT G X 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. TABLE OF CONTENTS CONTRACT SIGNATURE SHEET CETA PROGRAM PLANNING SUL%EQay BUDGET INFORMATION SUMMARY PROJECT COMPONENT BUDGET PROGRAM NARRATIVE ASSURANCES AND CERTIFICATIONS SPECIAL CLAUSES AVAILABILITY OF FUNDS CLAUSE CASH DEPOSITORY CERTIFICATE SPECIAL BANK ACCOUNT AUTHORIZATION FOR ADVANCE PAYMENT CERTIFICATION OF ACCOUNTABILITY BONDING REQUIREIIENTS INSURALNCE REQUIREMIENTS ARTICLES OF INCORPORATION BOARD ACTION LIST OF BOARD MEMBERS AND C01%WITTEES 1201 Soath Port Cgrpus Christi, Texas 78405 I roil RCGIONAL OFFICE USE 014LY CottT RACT It L'Y y � 4 't n ~ r� � fY Nsz V'j C u C. GMN'f YEAR d. TYPE OF laflOGHAIA From To 1. d{ Title 1 ]. ❑ Title 111 SPecuy ............. •..•...., July 1, 1975 ( June 30, 1975 P, n Tllln 11 e. n Till. VI INST'IUCTIONS Von COMPLETING '3LCIIUNS 1, 11, ANU Ill DATE T1CCU. Section It A (Total Cruollrnenln It tho sum of A.1 and A.9. D (Total Terminations) is the sum of 9.1 through Y.S. C (I'lusned Ervolbnontl) Is A ndnus D. I'liz S eetlon Its Enter In line (a) Entolimente In each program activity cumulatively through the grant year, and 1n Line (b) the number of p•ut(clpants planned to be enrolled In each program'activity at the end or each quarter; pullaparut who are concurrently enrolled bil more than one octivily should be counted In tack activity bt which They are tntolled. Section 1111 Enter the cumulative number of participants In each rcgmcni to be enrolled during the gran year. ._ a 2 o Participants should be courted In as many significant w1ment groups as are applicable. I, CNnOLLMEN'(,AND TEWINATION SUMMARY GIIAN7 YEAn•TO•llnTIS'PLnN_ A. TOTAL CNfiOLI• 1, Enroll• 2. PJrlleb G. TOTAL 'r E71-1 bIN A• 1. EnIDrInO Ertproynva, 1. tllreCl D. Indirect C.Obtalnod c.omym.n 1. Other Po:lllve ]. Non• Do el live C. PLANNCG CNnOLUNCNr` 10 NICNTS nlle1` ter ",mss f'anlal TIONS -a 1'ifectS. _' 77L3 ndirec. —Fels 'I — fend of o,.,uv - J n'�T a g T 90 29 9 —33 3sri $ r 7 1 I r�9 r 7 1 9 _ 17,9 _ go + o] T 8 1 9 9 2 , 9,2 S 2 1617 45 5 2� 2 A,9 If_j { i`2 _ � '-r a Y. 2 a 75 YI '• 37 ao +7 ' So s co C„ aG Ts II. al Total Ent ollmcnlf ( a DI Currently Cnrollcd G IT sl Torl Enr6dmcn1l DI Currently Cnrvlled _C C g a1 Total CMUII01cnI1 D 1 DI Cw,enlly Cnraheo 1. al Total Enr ollmuMl 10 I• DI Currently Enrolled bICNIFICANT SCUNICNTS LANNED ENROLLMENTS IN I'flOGIIAM ACTIVITIES IV. OTHER ACTIVITIES A D C D E F (naI i-eFtE IIF) CLASSROOM TRAINING On•th P•Jala Pub. 5o M. Work Other Indicate othor activities or Ipeciol programs on erloch- f�lr_rn_'t_ TralM ra Gmlaynwt E,apor Iunca Aglvltloe marts. Describe their objactiws and list m1MOnot W1711 7 toward their achievamont In a quantitotive or narrative presentation, 4 _ III. SIGNIFICANT SCGMENTS _r GRANiT YCAn•TO.OATE PLAN a 1 /]1 _� /]1 a /]o_ _ SIGNIFICANT 5EGMCNTS F j V. a. SIGNATUnE Rudolph Garza, Jr. Chairman b. DATE SIGNED i • \I,1 ::Ill (I'rl., In'•lI PP.OGRAM Jobs For Progress, Inc. SUPPLEMENT TO THE CETA - PPS TITLE I I. An,3ER OF INDIVIDUALS PLANNED TO BE SERVED, PROGWI YEAR TO DATE. MOYM —YEARR II. NU ?1BER OF INDIVIDUALS PLAIITED TO BE ENROLLED AT END OF EACH MONTH. III. CURQ L IVE PROJECTS EXPEYDITURES By 110:4' SLILY 224 111 $ 75 368.00 AUG. 307 81 113,052.00 SEPT. 390 60 150,736.00 OCT. 522 83 21 NOV. 654 98 273 726.00 DEC. 748 79 335,222.00 JAB. 836 61 377,903.00 FEB. 924 51 420 584.00 MARCH 1:011 49 463 265.00 APRIL 1,062 39 490 919.00 M9y 1,113 30 509,573.00 JUNE 1,165 0 537,881.00 INSTRUCTIONS I. Enter the total planned number of individuals who are planned to be served cumulati each month. Only individuals who have been declared eligible for and are receiving services, training or employment should be counted. The number in March, June, September, and December should agree with the entries in Part 1C of the ' _ II. Enter the total planned number of individuals who will be in the program covered by this POP on the last day of each month. Only individuals who have been declared eligible for and are receiving services-, training, or employment should be counted. The number in March, June, September, and December should agree with the entries -in Part 1C of the III. Enter the planned accrued expenditures of funds cumulative by month. The totals March, June, September, and December should agree with the entries in Part 111B of the i MA %•1.15 fl'c1•, BUDGET INFOnMATIUN SUMMARY c. 'rvt'r OF PIIUGIIAM • 1, & TI111 1 ]. ❑ TOIo III +. 17 'rmo VI 1 2. d YIIIO 11 f- VI' m/ vl ........... ............................... .......... p, ron IILGIONAL OFFICE. U5:1 ONLY COVT„ACT IMV I=icl`I£� dz ��z o9 Jobs For Progress, Inc. Of Corpus Christi.(SER 1201 South Part Corpus Christi, Texas 78405 o UAYC I1CCO. > u I5 Cn• I i !? O �a G 11 9 1R 1:11' 13.1r,Vll:c 17 10 1r: 2: w 73,2ar25., 0 E. DUOGCT SUMMARY COST CATCCOOIES GRANT PROGRAM FUNCTION 09 ACTIVITY tSTIMATCO UNCXPCNCIC❑ FUNOS NL•vv Oil RCVISUO UUOCLT 1, TOTAL b. Feo oral e, N0n•Federil _ _ d. r.tmi s�� =e. Nun•f cUCral s � ��_ _ +• - �_�_�L -"T. `80,803.00 `_i— 1. Adninillrallors C a I� O� 101 loll 0 2. A!lowanca ill qqj j1j3pIC 169,513.00 SI I D I I `0- c I 6116192 0 to, 165,602.00 6, sorvicss �' I I I �11IgI61 )pI(� 121,963.00 7. Total: 11213 I r i 1 14812 5;21 Op 1 1 1513j 7F 18IIOKJI 537,881.00 F. CUMULATIVE DUARTCRLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES Col. 1 2 13121 : o. 0130 1 2 3 b. ^12131 9 1 1 1 1 1 ]' 1. iJ c. 3/31 ? 1 1 d. MO 1. Primo SronsorObliralions C 15 1 1 1 2, Taal I'ISrrcred E•perdnures by Program ic I I I I I I I I I I 1 I I I_I I I I 1 I I -�_ hr_' I I I I I I I I 0_ I_'oII �s11 I i 81 0�J1 a. CIa:Toom Tr.' ning, Prime Sponsor 5' 13 8 3 0 A 7 4 0 2 0 1 3 7 4 6 5 I r4 t 7i0 b On4cJob Train Li [r _ ? _ =: ___I —I— I 72 7 7 1 2 3 2' 1 3`11 2 3 21 1 1 1 1 1 1 ] 1 J C, Public Service Employment Cl G 1 r .I c 0 1 1 1 1 I I 1 C} O I I I 1 I d P.m7. E�p[ncn CC •a 1 Id �I51 _ I I L,t 1 1 1 1 1 1 L I1 I I I r I I I a S.n¢et to Parl,c.panls -- L C:hrr Anrviues 5 c" 'I :__ 1 1 1 t —I1�'I -yN_ 1 1 1 1 1 1 I --I—II I _I,1 ,I� --I1. 1 1 1 1 1 11 _ ,•�_f I �_f_,� 3. PrOaKled Expenditures for Vocational Education N 1 2 ] 2 19.1 2 ]' I 119 1 ; IJ Y3 ^' { I 2 �i..t I SF.clal Cranls to Governors G 7 1 1 1 I 1 1 Cl ji I I I I I I I I I I IC IF -•1 1Nm.cted Expenditures of Non•Fedcral Funds v LC tj �' - '�- I�- I+-- I�- +'-+'� i f•� I f 1 I I I I „J_r'e I I I I I I o. Gr• : e,'. r,:! h —L!,, Yo1 m 1•nnlc Sponwr's Grant + —. 5' 73 6Q� 1 i !^ I� u I 3 I --��''11 I -I Ie_'I r 1 1 1513 7 8101 L. C:: n,: Totrl . Pro!cclrtl L'xpcnduures ,• ' I�- �1-+II r:oG•71 PL'RIOO CNOING Y. 1+.- 177,01917 I 1 Y- I '� r MA %•1.15 fl'c1•, PROJECT COYPON=T BUDGET t, // TITLE I /% TITIEE 11 �1 TITLE III rr.A-•y OF CONTFLACTOR oa SUBGRP_TI' : JOBS POR PROGRESS INC. - F -TCTIO_r OR ACT -TV!=: ON JOB TRAI ?TII G SKILL TRAINING (1) AD %=STZATM COST: 80,803.00 (2) RAGES- ,0_ (3) TRAIZrIiTG- . 160;5'_3.00 -- (4) =CE BEST -ITS• - _ 0- (5) All WAiiCcS: 165,602.00 (6) saTyicm: 121,9663.00 TOTAL RMIOU -17: 537.S31.CO .3 BACK -UP SUPPORT BUDGETS (1) ADSLINISTRATIVE COSTS _..y.y., . __ �. AMOUNT a. STAFF COSTS: 35,320.00 b. FRINGE BENEFITS: 4,241.00 c. CONST24ABLE OFFICE SUPPLIES: 600.00 d. PROGRAM EVALUATION: -0- e. ACCOUNTING SYSTEM: -o- f. MANAGEMENT INrOR14ATION SYSTEM: -0- g. STATE MANPOToMR SERVICES COUNCIL: N/A h. PRIME SPONSOR PLANNING COUNCIL: -0- i. TRAVEL: 5,370.00 J. RENT: 21,000.00 k. UTILITIES: 1. CUSTODIAL SERVICES: m. INDIRECT COSTS: -0- n. STAFF TRAINING: -0- o. TECHNICAL ASSISTANCE: -0- P. EQUIPMRTT: RENTAL AND USE 4,800,00 q. MATERIAL: -O- r. CAPITAL IMPROVEMENTS: -0- s. PUBLICATIONS: 600.00 t. AUDIT SERVICES: -0- u. OTHER: (specify) Telephone and Postage 3,000.00 v. OTHER: (Specify) Maintenance of Equip. 300.00 v. OTHER: (Specify) Workmen's comp, for 4,068.00 participants x. OTHER: (Specify) Unemployment verifications 306.00 y. OTEER: (Specify) Insurance for TEO 1,198.00 SUBTOTAL 80,803.00 _..y.y., . __ �. BACK -UP SUPPORT BUDGET (2) WAGES: -0- a. On -joh- Training: -0- b. Transitional Subsidized Erployment: -0- c. Other: (Specify) -0- d. Other: (Specify) S' ` 44,342.00 a. Salaries: 6,585.00 b. Fringe Benefits: C. Tuitions: -0- d. Entrance Fees; - - - 11980 - 00 - _- e. Books: f. Teacher's Aids: g. Other: (Specify) h. Other: (Specify) 651 i. Equipment 0 j. Equipment Maintenance OOO.CC k. Consumable Supplies 1 0 .0 1. Equipment Rental & Use --- 3 .00 m. Trainee Acc. /Liab. Ins. 88� ,800.00 n. OJT Training SUB TOTAL $ 169 51 .CO BACK -UP SUPPORT BUDGETS AMOUNT (b) FR12TGE BENEFITS: a. Annual Leave: -0- b. Sick Leave: c. Court Leave: d. Military Leave: e. FICA: f. Life Insurance: g. Health Insurance: h. .Unemployment Insurance: i. Workmen's Compensation: J. Retirement Benefits: k. Other: (Specify) 1. Other: (Specify) SUB -TOTAL -0- (5) ALLOWANCES: (75 -76) SUB -TOTAL $ 127,776.00 Carryover Trainee Allowances 37,826.00 165,602.00 —c BACK -UP SUPPORT BUDGETS AMOUNT (6) SERVICES TO CLIENTS: - a. Child Care: S 699.00 b. Health Care: 699.00 c. Medical Services: 700.00 d. Residential Support: - - e. Assistance in Securing Bonds f. Family Planning: g. Outreach: 12,480.00 h. Intake and Assessment: 20,700. -00 i. Orientation: J. Counceliag: 16,800.00 k. Job Development: 16,800.00 I. Job Placement: 19,200.00 m. Other: (Specify) OJT Specialist 12,600.00 n. Other: (Specify) OJT Cr'RiI R,MF`IC -? 6.240.00 o. Other: (Specify) Fringe Benefits 15,045.00 SUB TOTAL 121,963.00 GRAND TOTAL S 537,881.00 x x x x RENT .......... b. RENT ............... . .... .. TOTAL - X Note Carryp'ver Funds 2,850.00 1,50MOO- 1,200.00 SOVARE RA'r'Z/lq. "- IN MO-STA;?r FEET FT.1AfO• u3j USIM0 TOTAL lisr •UCU.y at 44 - 12 28 100% $ 21.000n00- 21,000.00 FLEXMILITY OF COSTS: Administrative cost will not exceed of the total cost. The flexibility of costs between cost categories will depend upon the negotiated agreeme;t between. the Prime Sponsor and the Contractor. 0 JOBS FOR PROGRESS, INC. Operation SER Proposed Financial Budgets . Submitted by Bernardo Sandoval Executive Director ALLOWANCES TRAINING SERVICES TO CLIENTS TOTAL ENROLLEE DIRECT COSTS ADNIINISTRATION COSTS TOTAL BUDGET $ 37,826.00 $ 127,776: 9;764.00 -0--. $ 121,963. $ 409,488. 662.00 * ** $ 80,141. $ 48,252.00 $ 489,629. 5537,881.0( ** Administrative Costs are 16.36% of Total Budget 75 -76 * ** $662.00 reflected in Administrative Costs is coverage for Workmen's Compensation for trai t SU11ILARY T R A IN I N G C 0 S T S -- - - - - -- - - - -- 75 -76 TRAINING PROGRAMS OF TRAINEES OF WEEKS BUDGET GROUP I SECRETARIAL TRAINING 20 24- $ 11,373.0 GROUP II ACCOUNTING CLERKS 20 ?4 " 11,046.0 GROUP III AUTO SERVICE MECHANICS 20 24 11,237.0 GROUP IV TRACTOR TRAILER TRANSPORT DRIVERS 24 8 37_,293.0 GROUP V ON- THE -JOB TRAINING 100 20 88,800.0 TOTAL 188; $ -159,749.1 ENROLLEE DIRECT COSTS CARRYOVER ALLOWANCES TRAINING SERVICES TO CLIENTS TOTAL ENROLLEE DIRECT COSTS ADNIINISTRATION COSTS TOTAL BUDGET $ 37,826.00 $ 127,776: 9;764.00 -0--. $ 121,963. $ 409,488. 662.00 * ** $ 80,141. $ 48,252.00 $ 489,629. 5537,881.0( ** Administrative Costs are 16.36% of Total Budget 75 -76 * ** $662.00 reflected in Administrative Costs is coverage for Workmen's Compensation for trai t I SECRETARIAL TRAINING I. INSTRUCTORS A. Instructor $5.00 hr. X 40 hrs. X 26 wks. B. Instructor Aide 3.75 hr. X 40 hrs. X 26 Wks. C. Fringe Benefits 1. FICA 5.85% of 8,800.00 2. Workmen's Comp. 0.17% of 8,800.00 3. Unemployment Comp. 2.0 % of 8,800.00 4. Hospitalization /Ins. $31.00 X 2 X 6 Mos. II. RENT A. Building Rent B. Janitorial Services III. UTILITIES IV. COMMUNICATIONS V. EQUIPMENT A. Maintenance VI. MATERIALS Included in Administrative Budget Included in Administrative Budget Included in Administrative Budget Repair of equipment at an average cost of $20.00 per wk. x 23 wks. $ 5,200.00 3,600.00 515.00 150.00 176.00' 372.00 -0- -0- -0- -0- $ 460.00 A. Consumable 20.00 X 20 trainees $ 400.00 B. Instructional books 25.00 X 20 trainees 500.00 TOTAL SKILLS TRAINING $ 11,373.00 0 I. INSTRUCTORS A. Instructor B. Instructor Aide C. Fringe Benefits 1. F I C A 2. Workmen's Comp. 3. Unemploy. Comp. 4. Hosp. Ins. II. RENT A. Building Rent B. Janitorial Services III. UTILITIES IV. EEQUIPMENT A. Maintenance V. MATERIALS A. Consumable B. Instructional books ACCOUNTING CLERKS $5.00 hr. X 40 hrs. X 26 wks. 3.00 hr. X 40 hrs. X 26 wks. 5.85 of $ 8,320.00 0.17 of 8,320.00 2.0 of 8,320.00 31.00/ individual X 2 X 6 mos. Included in Administrative Budget Included in Administrative Budget Included in Administrative Budget Repair of equipment at an average cost of $20.00 /wk X 23 wks. $30.00 each X 20 trainees 25.00 per trainee X 20 trainees TOTAL SKILLS TRAINING $ 5,200.00 3,120.00 487.00 T41.00 166.00 372.00 -0- -0- -0- $ 460.00 600.00 500.00 $11,046.00 v x 3 AUTO SERVICE MECHANICS I. INSTRUCTORS A. Instructor $5.00 hr. X 40 hrs. X 26 wks. B. Instructor's Aide 3.00 hr. X 40 hrs. X 26 wks. C. Fringe Benefits 1. FICA 5.85 of 8,320.00 2. Workmen's Comp. 0.15 of 8,320.00 3. Unemployment Comp. 2.0 of 8,320.00 4. Hospital /Ins. 31.00 /individual X 2 X 6 mos. II. RENT A. Building Rent Included in Administrative Budget B. Janitorial Services Included in Administrative Budget III. UTILITIES Included in Administrative Budget IV. EQUIPMENT A. Major Instructional Equipment B. Minor Instructional Equipment V. MATERIALS A. Consumable $30.00 wk. X 20 trainees B. Instructional books 25.00 per trainee X 20 trainees TOTAL SKILLS TRAINING $ 5,200.00 3,120.00 $ 487.00 141:00 166.00 372.00 -0- -0- -0— —0- $ 651.00 600.00 500.00 $ 11,237.00 �r s TRACTOR TRAILER TRANSPORT DRIVERS I. INSTRUCTORS A. Instructor $6.00 hr. X 40 hrs. X 26 wks. B. Instructor Aide 4.00 hr. X 40 hrs. X 26 Wks. C. Fringe Benefits 1. F I C A 5.85 of 10,400.00 2. _Workmen's Comp. 5.67 of 10,400.00 3. Unemployment comp. 2.0 of 10,400.00' 4. Hospital Ins. 31.00 /individual X 2 X 6 mos. TOTAL SECTION I II. RENT A. Building Rent Included in Administrative Budget B. Janitorial Services Included in Administrative Budget III. UTILITIES Included in Administrative Budget IV. EQUIPMENT A. Rental & Use 1. Tandem Axle Diesel $260.00 wk. X 18 wks. X 2 Tractors Tractor 2. 40' Tandem Van $ 85.00 wk. X 18 wks. X 2 Vans 3. Mileage Rent Charge 2,000 miles p /wk. @ 25.5e X 18 wks. TOTAL SECTION IV V. MATERIALS A. Consumable 1. Trainee Accessories Gloves, gauges, tools, books, etc. 2. Instructional Books $20.00 p /trainee X 24 trainees 3. Oil, grease, tire repairs, etc. TOTAL SECTION V VI. INSURANCE A. Trainee Accident Ins. 70f, wk. p /trainee X 24 trainees X 8 wks. B. Liability Insurance Bodily injury, property damage coverage TOTAL SECTION VI TOTAL BUDGET i ON TH$ JOB TRAINING The OJT proposal will authorize the proposer to develop training programs with employers under subcontract, where training opportunities with reasonable expectation of employment with the trainer - employer is assured upon completion of training. The overall objective of the program is the permanent and productive employment of the trainees. .All subcontracts will be carried out in accordance with all applicable local, state and federal laws. The OJT program is designed to develop job opportunities in skill shor- tage occupations as determined by the Texas Employment Commission. The program goal is to provide occupational training and upgrading to economically disadvantaged, unemployed and underemployed individuals 17 years and over with emphasis on those individuals who are heads of house- hold, moving them into entry level positions in jobs which are in demand and which are compatible with economic development of the Coastal Bend Area. The program objectives are to provide 100 on- the -job training opport- unities fur economically disadvantaged individuals in public or private agencies or organizations, in jobs which will enable them to learn a skill and move them into permanent unsubsidized employment. The training will be done on- the -job by skilled employees of the sub- contractors. Training outlines will be developed and agreed upon between the subcontractor and the Executive Director to assure adequacy of content. Occupations carrying DOT codes ending in .887, .886, or .868, will not be considered for OJT for reason of low skill level. The average unit cost per enrollee will be $888.00 Department of Labor guidelines allows up to $1,500.00 or up to 50% reimbursement. Basic Training Cost (average) $46.00 per week Number of Enrollees Number of Weeks Total Cost (average) X 100 1( 20 $88,800.00 Breakdown of training slots are as follows: -40 slots for public non - profit employers (hospitals, local, state and federal agencies) 60 slots for profit and private employers i PROGRAM ACTIVITY SECRETARIAL ACCOUNTING CLERKS AUTO SERVICE MECHANICS TRACTOR TRAILER TRANSPORT DRIVERS AND WELDING I. GOAL: To provide occupational training and upgrading to economically disadvantaged, unemployed, underemployed individuals,(17 years of age and over) with emphasis on those' individuals who are heads of households, moving them into entry level positions in jobs which are in demand and which are compatible with economic developments of the Coastal Bend Area. 1 Objectives: To recruit (outreach and intake) 5,484 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various educational levels, who would not otherwise be recruited for manpower training programs for possible skill training. To provide intensive occupational orientation to 1,634 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various ed- ucational levels, to better understand the work environment through discussion i! and critical egamination of the essential elements necessary to secure meaningful a employment and providing these 1,634 individuals necessary occupational and re- lated information required to begin progressing towards the ultimate goal of em- ployment. 1 i To provide a validated standardized test to 600 economically disadvantaged, unem- ployed, underemployed individuals, 17 years of age and over, of various educa- tional ,attainments so as to insure qualifications for institutional skill tra- ining. 3. To provide skill training to 32 economically disadvantaged, unemployed, under - employed individuals, 17 years of age and'over, of various educational att- ainments as Tractor Trailer Truck Drivers. • 5. To provide skill training to 20 economically disadvantaged, unemployed, under- employed individuals, 17 years of age and over, of various educational attai- nments as Weldets. 7. To provide skill training to 50 economically disadvantaged, unemployed, under - employed individuals, 17 years of age and over, of various educational attain - ments as Clerk Typist and Stenographers. I N 10. To provide skills training to 20 economically disadvantaged, unemployed, under - employed individuals 17 years of age and over, of var�oup educational attain, ments as Auto Service Mechanics. 11. To provide skills training to 37 economically disadvantaged, unemployed, under- employed individuals, 17 years of age and over, of various educational attain- ments as Bookkeepers. N ,Average Training Number Participants Amt. per Max. Amt. Basic No of Allowance Allowance qualifying Dept. Dept. Allowance per week Weeks SECRETARIAL $79.00 20 $5.00 4 $69.00 24 37;920.00 ACCOUNTING CLERKS 79.00 20 5.00 4 69.00 24 37,920.00 AUTO SERVICE MECHANICS 79.00 20 5.00 4 69.00 24 37,020.00 TRACTOR TRAILER DRIVERS 73.00 16 5.00 4 63.00 8 14,016.00 TOTAL ALLOWANCE THIS PROGRAM ACTIVITY ,127,776.00 N s SERVICES TO CLIENTS I. SALARIES A. Certification Recruitment Officer B. Interviewer II C. Counselor (Aide Coach) I D. Counselor II E. Follow -Up Specialist F. Job Developer (Hialco Center) G. Placement Specialist H. OJT Specialist /Coordinator I. OJT Job Developer J. OJT Clerk Typist K. Receptionist (Hialco Center) L. Receptionist II M. Fringe Benefits 1. F I C A 2. Workmen's Comp. 3. Unemployment Comp. 4. Health 6 Welfare Ins. II. SUPPORTIVE SERVICES A. Health, medical, etc. 5.85 of $104,820.00 3.2 of 104,820.00 2.0 of 104,820.00 $31.00 X 12 X 12 Mos. $114.00 Per Trainee X 184 Trainees TOTAL SERVICES TO CLIENTS COST $ 10,200.00 10,500.00 7,200.00 9,600.00 9,000,00 7,200.00 10,200.00 12,600.00 9,600.00 6,240.00 6,240.00 6,240.00 $104,820.00 6,131.00 3,354.00 2,096.00 4,464.00 $ 2,098.00 $• 121,963.00 i ADMINISTRATION T_. SALARIES , A. Executive Director B. Office ManageryAdministrative Assistant C. Accounting Clerk E. Fringe Benefits 1. F I C A 5.85 of $'35,320.00 2.': Workmen's Comp. 1.0 of $'35,320.00 3. Unemployment Comp. 2.0 of $ 35,320.00 4. Health & Welfare Ins. 31.00 X 3 X.12 Mos. Total Salary /Fringe Benefits II. TRAVEL Transportation at 12C per mile, 600 miles for Adm. Staff Transportation at 12C per mile,-3,587.-miles for Services Staff Out of town travel directly attributed to grant. III., EQUIPMENT A. Rental and Use $400.00 per month X 12 months IV. INSURANCE A. General Liability B. Employer Liability C. Position Bond -Total Insurance V. PENT & RELATED EXPENSES A. Rent sq. ft. X � sq. ft. X 12 mos.' $ 14,400.00 B.' Utilities $175.00 per month X 12 mos. 2,100.00 C. Janitorial Services $300.00 per month X 12 mos. 3,600.00 D. Janitorial Supplies $,75.00 per month X 12 mos. 900.00 VI. OTHER DIRECT COSTS Total Rent /Related Expenses 21,1100.00 -A. Desk Top Supplies $ 50.00 /month X 12 months 600.00 B. Telephone & Postage 250.00 /month X 12 t:onths 3,000.OU C. Printing & Publications 50.00 /month X 12 months 600.00 D. Maintenance of Equipment 25.00 /month X 12 months 300.00 Z. Audit F. Workmen's Comp. For Participants - 3,406.00 G.' Unemployment Verification (TEC) 184' Participants X 1.66 3067-0 Total Other Direct Costs =•8,,212.00 - TOTAL ADMINISTRATIVE COSTS $ -80,141.00 Administration cost is 16.36% of Total Budget I Number To Be Served: During Fiscal Year Type of Training STATEMENT OF WORK 184 Slots 93 Slots (carryover) I. Skills Training (1) Secretarial Training (2) Accounting Clerks (3) Auto Service Mechanic (4) Tractor Trailer Transport Drivers II. On The Job Trainin In areas such as hospital, federal agencie local, state and in private and non — profit businessess. 1. What service the component provides Individuals Intake & Recruitment# 5.484 Orientation Follow Up Service on Trainees Indiv. 1,634 Testing 600 Follow Up Service on Direct Placements 277 282 Trainee Enrollment 277 Follow Up on Indirect Placements Referral 503 SER will provide allowances for Self Placements trainees, 1558 0 development, job placement, follow up training, stipulated above. and referral services as 2. Client Assignment Standard SER will expect trainees to demonstrate satisfactory training progress and conduct. SER will assist anyone regardless of race, creed, color, national origin and sex who are in need of assistance. 3. What work is to be none (1) Administration 'st`ation (a) Develop training training sites as required (b) Handle all matters pertaining to finances, SER management systems and coordinate the activities of all other components. (c) Prepare all necessary reports, evaluations, and pertinent documents. (d) Analyze effectiveness of Program. (2) Intake and Referral (a) Handle all recruitment, screening, interviewing for all enrollees that will participate in the program. (b) Inform community /rural areas of SER services to locate Potential trainees. (3) Counseling (a) Handle testing, assessment and observation, certifying and vocational and indepth counseling of trainees before, during and after their participation in the SER Program. --" (4) Placement (a) Contact prospective employers, explain SER's aims and objectives for jobs. -- - - - -- (b) Place qualified trainees and applicants with employers. (c) Follow Up on placements Training Institutions (a) Provide training in the various skills area. (b) Aide in the placement of trainees. (c) Provide information on participants' progress to Director/ Counseling staff. 4. Work Schedule (a) Enrollment in training program will be accomplised in some cases on an ,open -entry basis, according to individual needs. (b) Training will be completed to individual needs. (c) All participants will be paid on a weekly basis, attendance records will be processed weekly. (d) Follow -up contacts will be made as necessary, but not less than once per month up to six (6) months. 5. How The Work is to be Coo_ rd_nated (a) The Director will oversee and monitor the program. T (b) Office Manager /Adm. Asst. will monitor and coordinate all matters per- taining to finances, SER Management Systems, all necessary reports, evaluations, and coordinate the activities of the existing components. (c) Intake /Referral will be informed of available training programs and number of slots allocated. (d) Counseling and Training will provide counseling /training progress reports and will further insure that other components are aware of status changes for special follow up. I (e) Placement will develop jobs and insure that other components are informed of jobs developed. Will further coordinate activities to assure that trainees /applicants are placed on jobs. Activities will be coordinated with Follow Up Specialist to provide follow up ser- vice for all SER trainees and walk in placements. 6. Administrative Procedures _ SER will prepare and submit MIS and Financial Reports and other reports necessary to the prime sponsor /funding - agency as required. Reports will also be provided to the existing components within the SER organization to inform them of status of program. 7. Performance Standards A. Standards 1. 100% participation rate judged against the slots of skills training. 2. 85% completion rate 3. 85% planned placement rate 4. 10% early termination rate B. Further Breakdown is as Follows: 1. SER will serve approximately 277 enrollees. 2. Of those 277 enrolled, 235 will graduate 3. Of those 235 graduating, 200 will be placed on jobs. 4. Of those 277 enrolled, 28 will drop -out. 5. SER will place approximately 845 persons on jobs. C. Hourly Wage of Those Entering Jobs Starting Hourly Wage Performance $2.10 - $2.99 80% $3.00 - $3.99 15% $4.00 or higher 5% D. Enrollee Retention Rate Time On Job 1 month 2 months 3 months 6 months Percents 85% 80% - - 75% 70% s Monitoring Arrangements The SER Program will be monitored, evaluated by our Management Information Systems (MIS) on a weekly /monthly basis to see if the program is functioning effectively according to plan. 8. Staffing A. Administration Executive Director - Office Manager /Administrative Assistant Accounting Clerk Y B. Staff Providing Services to Training Certification Recruitment Officer Job Developer (Hialcd Center) Interviewer Counselor (Aide Coach) Counselor — Follow -Up Specialist Receptionist Placement Specialist OJT Specialist /Coord OJT Job Developer OJT Clerk Typist Receptionist (Hialco Center C. Skills Training Staff 4 Instructors 4 Instructor Aides 9. Equal Employment Opportunity Jobs For Progress, INC., SER will comply with all EEO regulations and will develop an Affirmative Action Plan. e _ rl L' CLASSROOM TRAINING SUMMARY Administration Costs $ 80,£03.00 Allowances 165,602.00 Wages -0- Fringe Benefits -0- Training 169,513.00 Services to Clients 121,963.00 II. GOAL: To provide occupational training and upgrading to economically disadvantaged, unemployed, and underemployed individuals (17 years of age and over) with emphasis on those individuals who are heads of households, moving them into entry level positions in jobs which are in demand and which are compatible with economic developments of the Coastal Bend Area. Objectives: To recuit (outreach and intake) 5,484 economically dis- advantaged, unemployed, underemployed individuals, years of age and over, of various educational levels, who would not otherwise be recruited for manpower training programs for possibe skill training or in- direct or direct placement. To provide intensive occupational orientation to 1;634 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various edu- cational levels, to better understand the work environ- ment through discussion and critical examination of the essential elements necessary to secure meaningful em- ployment and providing these 1,634 individuals necessary occupational and related information required to begin progressing towards the ultimate goal of employment. To provide a validated standardized test to 600 econo- mically disadvantaged, unemployed, underemployed indivi- duals, 17years of age and over, of various educational attainments so as to insure qualifications for institu- tional skill training. To place 845 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, in direct or indirect unsubsidized employment following their completion of skill training when applicable. To follow up on all individuals who have completed class- room training to assure suitable work adjustment and job retention. ,-'r s To provide 125 on- the -job training opportunities for economically disadvantaged, 17 years of age and over, in public or private agencies or organizations, in jobs which will enable them to learn a skill and move them into permanent unsubsidized employment. 3. To provide skill training 32 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various r_ducational attainments as tractor trailer truck drivers. 5. To provide skill training to 20 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various educational attainments as welders. 7. To provide skill training to 50 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various educational attainments as clerk typists and stenographers. 10. To provide skill training to 30 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various educational attaimments as auto service mechanics. 11. To provide skill training to 37 economically disadvantaged, unemployed, underemployed individuals, 17 years of age and over, of various educational attaimmentments as bookkeepers. Other Services Counseling Shall provide personal, group and vocational counseling to approximately 277 enrollees in accordance with individual needs. Counseling will meet the following needs: (1) Ascertain enrollee's needs for supportive services. (2) Assist enrollee to overcome new or different social problems. (3) Evaluate enrollee's interests and abilities. (4) Assist enrollee to overcome language barriers. (5) Assist enrollees to work up an individual employability plan. This employability plan will surface the individual's capabili- ties and interests in-the world of work. This will result in better matching of the enrollee to the job. (6) Work with enrollee's family to convince them of the advantage to the enrollee in the program, Follow -up Follow -up on the enrollees after placement will be performed within the confines of this contract for the purpose of determining continuity of the placement and satisfactory adjustment of the individual to the world of work. Referrals: Referrals shall be made in coordination with the State Employment Service. s OTHER SERVICES TO PARTICIPANTS Supportive Service 1. Health 2. Medical 3. Dental 4. Residential Support 5. .Assistance in Secuting Bonds 6. Family Planning TRAINING ALLOWANCE PAYMENTS How Allowances will be paid: Allowances will be paid weekly by manual computation. Trainee will file requests for allowances on Wednesday of the training uvek. These req- uests will be reviewed and processed immediately. Payroll documentation is kept and accurate and easily accessible report of expenditures are available upon request. A check on unemployment compensation is done. Receipt of payroll allowance is kept on checks issued. SER's payment process includes the following procedures: (1) Ser's payment system determines amounts which participants are to be paid (2) A receipt of payroll is kept whereby each individual trainee signs for their check and receipt of check. (3) All records are maintained and are easily available. (4) A method of detecting and collecting overpayments. (5) SER works closely with TEC to obtain verification of unemployment Compensation. (6) Conditions for waiver of allowances. - -- - -- HIALCO,C�NTRR _ LINTERVIBW R JOB LERK D VELOPE SE --JOBS FOR PROGRESS, INC. BOARD OF DIRECTORS EXECUTIVE DIRECTOR INTAKE & ASSESSMENT OJT SPECIALIST / COORD. INTERVIEWER CERTIFICATION FOLLOTW -UP/ JOB LERK RECPT. & RECRUIT. OFF. SPECIALIST DEV. YPIST ADMINISTRATION iFF. MANAGER ADM.AS ACCTG. CLERK JOB DEV SELIi1G & COUNSELOR ELOR TRUCK DP.IVER �ACCTG. AUTORAM IWELDI" PROGRAM PROGRAM CLERKS PROGRAM 1 AIDE AIDE __ AIDE AIDE P.TDL' WALK -INS CERTIFICATION 11 COUNTY SER -JOBS FOR PROGRESS, INC. DIRECT JOB REFERRAL SKILLS TRAINING ON- THE -JOB- TRAINING -d OTHER SUPPORTIVE SERVICES APPLICANT FLOW CHART N b. It will comply with Titic VI of the Civil Rights Acts of 1964, (P. L. 85 -354), and in accordance with Title VI of the Act no person in the United States shall on the ground of race, color, sex, or national origin, be excluded from participation• in, be denied the benefits or, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USG 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 71Z)_ e. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. f. It will- comply -with the provisions of the Hatch Act which limit. the political activity of employees. ,- g. It will comply with the requirement that no program. under , the Act shall involve political activities (section 710)_ h. It will establish safeguards to prohibit eritployeei frorn using. their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves- or others, particularly those with whom they have fancily; business or other ties (section 702(a)). i. It will give the Department of Labor and the Comptroller _ General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(Z))_ [a ��Wjo e ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (GETA) (P. L. 93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circular (FMC) 74 -4 and 74 -7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. 2. The applicant further assures and certifies that if the regulations } promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director- for Manpower (ARDM) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that _ the ARDM may take appropriate action inciudingler**+in tion, if necessary. 3 In ;-aaitinw to the requircmcnts of 1 and 2_ above and consistcni with the regulations issued pursuant to the Act, the applicant makes the following further assurances and certifications: a. It possesses legal authority to apply for the grant; a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infor- mation as may be required; .r' i s. It wiL submit reports as required by the Secretary- and «ill maintain records and provide access to thorn as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lo.v income persons for meaniraful employment opportunities (sections 743(12) and 31l(c)). t. The program :will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). u. The progran has adequate administrative and accounting controls, - persoruuiel standards, evaluation procedures, availability of in- service training and technical assistance programs. and. other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The prograrn makes appropriate provision for the manpower -s needs of youth in the area served (sectiaa.703(1.5), and Nvill- ass._re, that: (1) Individuals receiving training on the-job shall be compensated by the employer of such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate less than that specified in Section. 6( =1}(1) of the Fair Labor Standards Act of 1938 or, if higher under the applicable State or local minimum wage law . (section 111(b)). _ - - (2) Persons employed in public service jobs under this Act shall be paid -wages which shall not be lower than whichever is the highest of (a) the mi -imum wage which - would be applicable to the employee-under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof, (b) the State or local minimum wage for the most nearly comparable covered employment, or (c) the prevailing rates of pay for persons employed in similar public occupations by the same employer (section 208(a)(2)). W. It will comply with the labor standards requirements set . out in section 706 of the Act. ,1/1" Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 763(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5))_ 1. Conditions of employment or training will be appropriate and reasonable with regard to tae type of work, the geographical region and the proficiency of the aapLcant (section 703(4)). m. Provision of appropriate workman's compensation to all partic- ipants in on- the -job training, work experience or public service employment activities and appropriate insurance for all partic- ipants in classroom training, services to clients, or other activities (section 703(6)). n. The program will not result in the displaceaent of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed_ (section 703(7)). 7. a. Training will not be for any occupations which require less than two weeks of pre-employment training, unless irimediate er._ployr rent opportunities are available in that occupation 'section 703(8)). p_ Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become economically self - sufficient (sections 703(9), 105(a)(6))_ q. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible applicant's grant (sec. 703(11))_ .11 f Z � ms C- / dditional Assurances Relating to Public Service Emolo rR^Rt Prbra ice employment activity, the applicant further For p :tblic sery assures and certi_`ies tnat: 1. Special consideration .vill be given to the filling of jobs which r. *. prospects for advan m ceent or suitable continued provide sufftcie employment by p- OVidtng complementary training and manpower services designated to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide participants with s::ills for which there is an anticipated high deman3, or (3) provide participants with self - developmen: sills: except wl e_e exempt under the provisions section a of the Act, provided however that nothing contained in this paragraph shall be constr e pals preclude persons feasible or programs for whom the foregoing goals appropriate (sections 205(c }( _} 2. To the extent feasible, public service fobs s� z andov chits in occupational fields which are most likely P the public or private sector as the• unemployment rate recedes, _ except where exempt under Section 604 of the Act (sections 205 (c)(6) and 604)_ 3. Special consideratton in fining transitional public SzT°�c� jab3 will be given to unemployed persons who axe the most severely disadvantage to terms of the length of time they have been unemployed without assistaaQe, but suersesnpis oa lay off from shall not authorize the hiring o= 1 valeat 'ub ( sdcUo" 205(c)(') }" the same or any substantially eq' J - a, No funds will be used to hire any person to fill a job opening created by the action of- an employer in laying off or terminating - the employment of any other regular employee not supported under the Act in anticipationnpof filling the vacancy so can 205 eY 'hiring r an employee to be su orted under the•Act (seed ( )( ))- ,. who have 5. Due co ower training be given to for whom mplayznent opportursilses in manp section 205(c)(9)). - would not be otherwise immediately available -b, periodic review procedures established pursuant. to section 207(a) -- of the Act will be complied with (section 205(a)(17)). All x. Services and activities provided under this Act will he administered by or under the supervison of the applicant (sectior_s 105(a)(1)(B) and 205(c)(1)). 13. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of institutional skill training will be designed for occupations,in which skill shortages exist (section 105(a)(b)). 3. The plan meets all the requirements of section 105(a) and the - applicant will comply with all provisions of.the Act (section 105(b)). 4. 1t will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sec7^..D_ 105 a :d Ir. of the Ac *_ {sec oa 105(a)(7 } }, 5. Special consideration will be given to the nand+ of eligible - disabled veterans, special veterans, and individuals who served in the Armed Forces and who'receive other than a dishonorable discharge within 4 years before the date of their application. Each prince sponsor in selecting participants for programs funded under Title I of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should bar made to develop appro- priate full or part -time opportunities for such veterans. The prime sponsor should utilize the assistance of the State and local veterans employ ment service representative in formulating its program objectives. _ On a continuing and timely basis, information on job vacancies and trainin- opportunities funded under Title i of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (,ection 104(b) of Emergency Jobs and Un- employment Assitance Act of 1974)_ _".' S 7. !locncies and instilLutinns to whom Financial assistance is made available under this title have undertaken or will undertake, analyses of job descriptions and rpevaluations and, where shown necessary, revisions of qualification requirements at all lcvels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment those whom it is the purpose of the Act to assist (section 205(c)(18)). 8. Where appropriate. it v; ill maintain or provide linkages with upgrading and other -manpower programs for the purpose of (1) providing those persons employed in public service jobs tvho want to pursue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604). 9. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and .occupational advancement, inccuding opportunities for the dis- advantaged (section 205(c)(21)). 10. Not more than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1933), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the ecretary may waive u-.is limitation iu exceptional circumstances- (section 205 (c)(22)). 1Z. Jobs will be allocated equitably to local governments and agencies taking into account the numin the' ber of unemployed persons with r` - jurisdictions and the needs of the agencies (section 205(c)(23)Y. " _ ' 12. The jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not sub - sidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(21))• 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(25))_ Z ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAPIE OF APPLICANT) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (ADDRESS) (DATE OF APPLICATION) t SPECIAL CLAUSES TABLE OF CONTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION ......... ...........................Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUS .. ...........................Page 3 5. TRAINEE OR ENROLLEE WAGES . ...........................Page 4 6. TERMINATION OF TRAINEES OR ENROLLEE S .................Page 4 7. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9. CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10. LISTING OF EMPLOYMENT OPENINGS .......................Page 13 U. DEVIATIONS ................ ...........................Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCONTRACTING, ............. ..........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15. ORDER OF PRECEDENCE ....... ...........................Page 17 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 t f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree or_ the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgraatee 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 /Subgrantee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMEMION It is the policy of the Executive Branch of the Gover=ent 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, retirement 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 Goverrment con- tracts, a maximum age limit for such employment unless the specified maxi- mum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age w111 be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor's /Subgrantee's cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. t 4. EQUP.L OPPORTUNITY CLAUSE During the performance. of this contract, the contractor agrees as follows: (1) The contractnr_will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employe ent, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideraticn for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by- Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigaticn to ascertain compliance with such rules, regulations, and orders. (6) In the even: of the contractor's noncompliance with the nondiscrimina- tion classes of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole cr in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized M in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unle69'exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above. 6. TEMaNATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. i (3) Terminate all orders and subcontracts to the extent that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part, of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, - drawings, information, and other property which, if the contract / subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract /subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract / subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of the work covered by this contract / subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct; 2 0 7. TERMINATION a. The performance of work under the contract/ subg rant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor /Subgrantee shall default in per- formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the extent to which performance of ;cork 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/ Subgrant e e 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/ Subgrant ee pursuant to the provisions of the clause of this contract / subgraat 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; i d. Subject to the provisions of paragraph (c) , and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor/ Subgrant ee by reason of the total or partial termina- tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer to agree in whale 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 pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract/ subgrant, determine, on the basis of information available tc him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contract or/Subgrant ee the amount determined as follows: (1) If the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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) abo ;e, 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 /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractorrs/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee Payable under the contract /subgrant determined as follows: (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 Contract or/ 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 (hI 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 dispcsed 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 them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of 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 claim 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 of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor / Subgrantee the amount so determined. contract /subgrant shall be equitably adjusted by agreement between the Contractor/ Subgrant ee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract/sub- grant. (i) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor /Subgrantee will be 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 ary such excess payment attributable to a reduction in the Contractor's /Subgrantee's claim by reason of retention or other disposition of termination inventory, until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TERMINATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a should this contract /subgrant be for experimental developmental or research work and the Contract or/Subgrant ee 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- formance 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 ILA (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor /Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 Contract or/Subgrant ee 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal, has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor nay have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- 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 which is payable with respect to the work under the continued portion of the 11 I the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor / Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and 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 Notice 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, FLIED FEE, AND PAY - 1 M Clause of this contract /subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract / subgrant the Contractor / Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor/ Subgrant ee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor / Subgrantee and any reasonable loss upon 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, the Contractor / Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con - tractor/Subgrantee shall be paid the agreed amount. - . -011 s • (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor / Subgrantee in connection with the terminated portion of this contract / subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor / Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor/ Subgrant ee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor / Subgrantee agrees to transfer title to the Prize Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract / subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor / Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor / Subgrantee under this contract / subgrant or shall otherwise be credited to the price or cost of work covered by this contract / subgrant or'paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor / Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract / subgrant which is in the possession of the Contractor / Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph TV, applicable to construction procurement. .d` I to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This cla32se doe's not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply . to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction• plant and office;_ laborers and mechanics; supervisory and nonsupervisory; technice- and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time emplw;- ment, temporary employment of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes e * a to fill pursuant to a customary and traditional employer -unioa hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation. under laws administered by the Veterans Administration for a disability rated at 30 Dercentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. 0 10. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to kl 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 e mlcyment openings of the contractor -which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and includ =rr those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such reports to such local office regarding employment openings and hires as may be requi.re-�: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic, -ar group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, Executive orders, or regulations regar:= =g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, t.:t not be limited to, periodic reports which shall be filed at least quarterly wi_h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Suc' reports shall indicate for each establishment (i) the number of individuals wh:a were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall sub-mit a report within 30 d's s after the end of each reporting period,:Therein any performance is made under =- s contract. The Contractor shall maintain copies of the reports submitted until .he expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secretes -y of Labor. (d) Wherever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishm -ents of the name and location of each such esta =- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any dispute concerning a question of fact arising under this contract / subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor / Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does-not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract / subgrant shall be construed as making final the decision of any 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. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with £hs Ax=ed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,: or (ii) was discharged or released from active duty.for e3rAisa1zUity if any part of such duty was performed after August 5,1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that t__ Contractor (or any- first -tier subcontractor) has failed or refuses to comply tth the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetera: =' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the term of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) In any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations- where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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. .t 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93 -203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74 -4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions of the Consortium Executive Board. June 13, 1974 1. MOTION: That each program that is approved have an approved wage scale derived from a comprehensive wage study conducted ii their areas and also that each program have an approved Affirmative Action Plan. June 17, 1974 2. MOTION: That the maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. MOTION: That each program be allowed 12c per mile travel expense. 4. MOTION: That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT OF MOTION #3 (6- 17 -74): MOTION: That each CETA employee be allowed a maximum of 121; a mile car allowance for all authorized travel. 6. MOTION: That it is strongly recommended that 50 percent of all employees of all funded agencies be professional and 50 percent be paraprofessional and delete the part that 50 percent paraprofessional meet the poverty guidelines. �J June 2, 1975 7. MOTION: That no contractor exceed 17% for administrative cost. 8. AMENDMENT TO MOTION 174 (6- 17 -74): That all out -of -area travel for any program have clearance by the staff. AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. t • CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTACITviIENT A - Paragraph 3 The undersigned hereby certify that: "Any moneys advanced to the State or local governments which are determined to be public moneys (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 265. Bank Name NUECES NATIONAL BANK Name JOBS FOR PROGRESS_ INC_ OF C. C. (SER) 1434 SOUTH PORT CORPUS CHRISTI, TX 1201 SOUTH PORT MERITS CHRISTI, TEXAS (Signature) 6/18/75 (Date) ROY CLINT (Type Name) PRESIDENT (Title) (Signature) 6/18/75 (Date) C. RTRTOT.PR r_AR7A, JR (Type Name) CHAIRMAN OF BOARD (Title) y�, S AGREEMENT FOR SPECIAL BANK ACCOUNT The JOBS FOR PROGRESS, INC. OF C.0 (SER) hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and NUECES NATIONAL BANK I a banking corporation located at 1434 SOUTH PORT AVENUE CORPUS CHRISTI. TEXAS 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 7/1/75 between the contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " JOBS FOR PROGRESS, INC. OF C.C. (SER) Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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. UM t B. All moneys deposited in the Special Banik. Account are public =oneys subject to the requirements of Title 12 Section 265 U.S.C_ The Bank a.S ees to take all necessary neasures to qualify with the Secretary of the Treat —y as a depositary of public money and to deposit satisfactory security by the deposit of United States bonds or otherwise, for the safekeeping and pro-pt - ant of the aforesaid public honeys as required by the regulation of the Secrete_r, of the Treas,=7 and Title 12 Section 265 U.S.C. IN ji-!UESS WIMPSOF, the parties hereto have caused this agreea_nt to be - executed as of the last day of signing set forth belmv: ROY CLINT :GNATUME Tim BANK COLT-42, COLT-42,EEAL required, based to- on esti, m--,d= bauk balence, (e.ccludi.ng FDIC cova of $40,000 '•, is $ JOBS FOR PROGRESS, INC. OF C.C. (SER) SIGPiAlUB.c. D_'�%:. 6/181 TYPE NAME TITL OF B0ARD AUTHORIZATION FOR ADVANCE PAY?,ENT An initial advance payment to the contractor in the sum of $66,000 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest_ The contracting officer hereby determines that the making of such advance payments without interest is in the public interest. RETENTION OF FUNDS PRIOR TO AUDIT Payment to the contractor of the final two percent (2 %) of the total grant, not to exceed $2,000, will be reserved pending the completion of,aa audit and the resolution of any questions or irregularities raised or revealed by the audit. a s CERTIFICATION OF ACCOUNTABILITY • Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. Name, Title, & Organization of Financial Officer Check if one has not been appointed or designated. Mary Lozano Office Manager /Administrative Asst. 2. Will the Accounting System be directly maintained by you? Yp Yes Q No (If No, who will maintain the account- ing system? Name and Address Jobs For Progress, Inc. Of C.C. (SER) 1201 South Port Corvus Christi, Texas 784 3. Are you Familiar witn the veparcmeuc --- - - --- M Yes E] No 4. Description of your Financial Accounting System (Indizcate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) The Fiancial Accounting System is done manually. It is a double entry bookkeeping system, SER Jobs For Progress, Inc. will comply with the re- quirements of the Comprehensive Employment and Training Act and the regu- lations and policies promulgated thereunder; and it will comply with OMB Circulars numbered A -87, A -95, and A -102, as those circulars relate to the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Comprehensive Employment and Training Act. USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and com lete Name and Title of Authorized Official I Telephone No. and Area Code Signature I Date of Execution 6/18/75 t B02"ING REQUIRMEEN'TS 1. List of persons authorized to sign checks or withdraw funds from the Special. Bank Account. 2. Copy of Bond covering those persons. (ATTACHED) LIST OF PERSONS AUTHORIZED TO SIGN CHECKS IS AS FOLLOWS: NAME 1. G. Rudolph Garza, Jr. 2. Eppy Gonzalez 3, Rosa Ena Gutierrez 4. Hugo Berlanga 5. Bernardo Sandoval TITLE Chairman Vice - Chairman Secretary Treasurer Executive Directgr MAC i • FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY DEPARTMENT ]Daily Heport Revised to May, 1957 COMMERCIAL BLANKET BOND No _ ............ ._ ............ 59 18 099 BLA.Yr.ET POSITION BOND No -------------- ------------ --- ITEM 1 Name of Insured (herein called Insured): JODS FM PASS' , M - OF CORM CIMLM , COMR ACT 1#4127 -48 2818 South Part � Corpus Christi, Nueass, Texas Principalrlddress.......__....-....._...-......._....._......--.--- ------ -- • -------- -- zi;.- -._._.. _....�_..__ -• _ .............. xo. store � Citp %•–_'� sae. Seplaisber ib th, 1973 ITEM 2 Bond Period: from noon on.. .............-.-.------ ..- -.- ..__.- ...__.-- -- -- -._ —_. --._...._to noon on the effective date Moeth Day Year of the cancelation or termination of this Bond, standard time at the Principal Address. as to each of said dates. 50,000.00 / ITEM 3 Limit of Liability: $.._.._ ...... ........... . ..... ITEM 4 The liability of the Underwriter is subject to the terms of the following rider(s) attached hereto: Loss Payable Rider (71808) Texas Ri3er ( ?4883) ITEM 5 The Insured by the acceptance of this Bond gives notice to the Underwriter terminating or canceling prior bond(s) or policy(ies) No.(s) .... ... ._ ..................� Extaptittas such termination or cancelation to be effective as of the time this Bond becomes effective. F366U -2051, 9 -68 180167 I/ RIDER 59 18 099 To be attached to and form part of Bond No. — ______. in favor of — $ JOBS FOR PRWMSSs INC. OF CGMS CHRISTI, CONTRACT #4127 -48 It is agreed thats Loss recoverable under the attached bond and sustainad by the Insured through fraudulent or dishonest acts committed by any one or more of the employees covered thereunder who handle money or other property of the project which is the subject of Agreement No. 4127 -48 shall be payable to the insured for the use and benefit of the U. S. Governaenty represented by the Secretary of Labor, S. S. Department of Labor. Thin rid- 6 effeetive as of noon o September 15. 1973 _ standard rime as specified in the attached bond. ATTEST: // � Fl"b —i•x srn I�'.,-u FIDELITY AND DEPOSIT COMPANY OF MARYLAND Countersgned - - -- AotJwsezed Regrreneu:.oe Presvtene J* A -- - -'- RIDER To be attached tO_ BLANtET POSITIO ( BC}2t_R 59 18-099 Issued by FIDELITY AND DEPOSIT COMPANY OR MAxYLJND, in favor of -- �____ —_— �TQ35 FOR_ pROq;E INC _OF CMMS II(IS , CCMS CT ¢4127 -48 -- --- _ - -. -- - ---- 5.4TOUS Christi.T3xsn ---- --__ —• and dated - . -_ - -_- --------- day of -- _.._S- .t�-r- - ---.. I9•73_- In consideration of the premium charged for the attached bond, it is understood and agreed as follows: 1. Anything in the attached bond to the contrary notwithstanding, proof of lose shall be given in accordance with sub-tectinn (a), as hereinafter set forth, and legal proceedings shall be commenced In acordance with subsection (b), as hereinafter set forth: (a) Filing Of Claim: Within 100 days after discovery of low under said bond by th insured or, if a corporation, by any director thereof Or by any Officer thereof not in coihtaiw with the person in default, the inc —A __hall furnish to tae— tTM' i�l9ttit!r _. affirmative proof of lose with full particulars in writing, including data and items Of low, duly sworn to. (b) Filial of Suit- Legal proceeding for recovery of low under mid bond shall not be brought aria the expiration of 28 months after the cause of a=cm shall have a=ued. 2. The attacbed bond Shall be subject to all its terms, agreemeets6 limitations and coaditioes except as herein expressly modified. 3. 71& ride ahaU become effective—.1 TS• OG 0. ;�Of the 16th ,t,yat September ,19.73 Signed, sealed and dated this day of Septanb;r 9 73 ATTEST: Co. ///t�� l //%�Ssnebrj FIDELITY AND DEPOSIT COMPANY OF MARYLAND Countersigned F46&- -12nt, r -ro Iss975 T_ Rid.. —Fm m .Ith .11 form. rescey[ T— I—. Nara 1 1. d Ixlu.lre) d Fidelity. Blanket Fdenlr. FL ...W 1o.tuutloa Forrrry Heoda alm"ed to March 1. 1046. laeva.a1. _h .( It m to the wordlns d the atrsehed b !. tI la.ertiv{ la etb. of the fiat Lao blank rose. to .uhdlvl ' ('E d gr.sr.ah I the eraser teJ{natloa —" ..­d," bk. "Uhllye4" "Em- pin "A,.0 ct +hbhevn la aadlcwh ( - 11 In the lhlyd blank .ewes Iv .ubdlvrabv (.1 n( psm{n Oh 1 the yroy-+ de.igo+rlos= 'Sires Y. "'L'udernrirc" "Company' ar "10- -- ,.h4hc.n 1a ­1 bl.- R-1—d to March 1. 1946. SA 1015 Prnidmt Reprusstetis. F RIDER To be attached to and form part of Bood No S9 18 099 to ta— of_ JOBS FOR PROGRESS, IK. OF CORPUS CHRISTI, CO24'TRACT #24127 =48 Coopus Christi, Taxes It is agreed that: 1. The Underwriter give its mnD t to the change of th pd Addrem of the Insured from 2818 South Port Corpus Christi, Texas to 1201 South Part Corpus Christi, Taxaa PYOVtnaD, however, that the IlAbtlity of the Uadawrity under the auacbed bawd acd undo the etbwbed bond as cb"pd by this rider ebaU not be cumulative. 2. Thu rider u effective as of Woos on September 18th:, 1974. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Arcs -+r: // $ 1 /'>-'.� �C✓j( /�i /w'e`e Sraater7 Pra+dent Countersgnd by`. - - -- - -- -- — —. — . - —. - .ttJLmised Rafrersefatare Accepted_ ?Q�OR YROC Ss ESS. ETC_ - -, (teas aw sm.d [arced) ' L � . y Ro.rn. and wa,e or 1.rcA u .+roe cn..s.N tofficW F4673 --4ft ts"9 Cb..a. of N.-. u Add.,.. etld. For — .Ith 311 Sa.dQ flood~ mn.eat w 1*< cba.ee E. mma er addl— of thr l..ur-d- Rlol to Mar, 1951- sk S151a • FIDELyry AND DEPOSIT COMPANY OF MARYLAND FTDW -JTY DEPARTXZ rr S Rsvimd to May, 1937 - BLAm3crr po3R2aw BoaD No.- ITEM 1 Name of Insured (herein called Insured): Principal Address.—IM-SA e .- a !mss oew. - _ city a.r 7�D C1i IT2= 2 Bend Per :huu noon On - tw !� xa.u'1�� is. _ _LO nathe effective date Of the eancdation or tertnift j of this Bold, standxd doe at the Principal Address as to emch of enid dates_ Irax 3 Limit of Liability: $...:iy _-•- --- ITEns 4 The liability of the Underwriter is subject to the terms of the following riders) attached hereto: 'T3A� ass 47�Ni!) - ��" AIM 046=4 .. a ITax 5 The Insured by the acceptance of this Bond gives notice to the Underwriter terminating or canceling prior bonds) or li- °--- -- - ' such termination or cancelation to be effective as of the time this Bond becomes effective. 73460 -4Y, sum .d RIDER To be attend toami fixn, t.n I B—d In . .. .................... ... It is aged tbt: I. thead"bod bow %too A%* bea"Mod, to i*dw&&Wy ahicted O&W al the Inwood domamted bek The Directaral ",' 2. T.YmirSAuris L21t --d*y a *tLa&.d tbw w "weified Ilm the oftmebod bowl. $2 slim FIDWTY AND 131FOUT COMPPNY OF MARYLAND Arm.- 007/ V/� A sth"imi Pap" wwWw RIDER To be attached to ..___.- D _,. - -' Bond No. �% 7?7 IaauKd by FtD J D rt CompANy Z in favor of - -- 'Cat M Pte) • cww and dated the__. -- - loL a_.. _r $dltle! 73 �• In con3lderation of the premium charred for the attached bond, it is understood and agreed as follows: I. Anything in the attached bond to tbe,00nbwy ttotwithatanding, proof of low slrll be gives in amordance with wb-•eetion (a), as heremafnr wet fort", and fegal proesedis" ehall be commenced in amordancr with aub.•ection (b), as hereinafter set fartb: (a) Filing of Claim: WIthis 100 day@ after dhwvwT Of ice under said bond by th. '•�+" or, if a corpota$aq diteetor thwed or by any piety tbered not in tall wet" ih* he person is default, the a$tmatise goof of low wlfh full ll fnrnia" to the ---, pardnuLta in writing, iadudi. data wad item• d lose, duly sore tda (") Fling d Suit: Legal pr"'""" for reeveer7 of tar ubdw mid bood shall not be of expiration d 23 mooch afxr the tsar of action d MU bare aota'ned, to the er 2. The attached bond shall be wtbjeet to all its terms, agraerttr, limitations and coditior essspt as "•rein eaprrrlp modified 3. Thin rider AQ boos* ai*ed a as C4, d th< Ut ,d. Sgaed, sealed and dated thl. L" ' a y d SrMt 19 FIDELITY AND DEPOSIT COMPANY OF MARYLAND A,,.: W B- 4 Prctidwrt Countersigned by def�aiwd Re�rwwYati*e 1`4683w-12M. 7 -70 193915 Rm- te•e Pleclw B d Pldeil BNE } FldrMr Plerd•1 IvK etim aywr md� Ar,lwd NE ,ea ,ea 1. t..e..w1...-- Coetorn w tY wo.dlw of d :ee .te„rbed time by ivnnne a rS d 111r 0 two bt" .ly,,> la e,bdl.fipe (a) d p-YW'•i t t]e d- hi 9b—ee -. "ioeared..• ••plyfye.•• ••pm- Pk—I I t e thhd bi— wkk0erer 4 aDdkaBiu n.nt In the tat a tluk r9.ee la sebdhfr.a (a) d 9. as aw t th. d.`�,.'°° a��t `ie'"l..'vnatr•rlte:...��c�r, a Rr1bed t• U—ft 1, 19x9. SA 30141 to RIDER To be attached to and form part of Bond No.� 7 �7 76 7 , In favor of..-- jo,"; F---, L.K. OF CMPUS CF,! -;TI Corpus christt, Texas It is agreed that: 1. The Underwater gives its consent to the change of Principal Address of the Insured from 2813 s. Port Corpus Christi, Teivas IZU -,:outh Port Corpus Chzizti, Texas 7G4,D5 PROYMED, however, that the liability of the Underwriter under the attached bond and under the attached bond as changed by this rider shall not be cumulative. 2. This rider is effective as of noon on September 16th, 1974 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Arrest: B" Aoqo V S-4-Y Presiding Countersigned by� ------- A Whoied Rip—exisaw Accepted-- L;7!:? FOR UP MISTI Desert nm. Dame of I.—d) (offww Title) (lvarrt old vane of Inured, if -W —.h.—. -lc—d,)- - -, —, — - (offi,w Title) F4673 --apt, rs:aav Add— Rid,F,r — ilh 11 f— f Standard B--d. -- I- he cN—z. 1. name or addnas of the ln,u d. R—M to U., 1937. SR 5151. -Jr INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. M A - 1Nt A-INA UAtiUALiY M114U JUtttIT itioorrstvf (A stock insurance company, herein called the Company) Agrees with the Insured, named in the declarations made.a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy: INSURING AGREEMENTS 1. COVERAGE A — WORKMEN'S COMPENSATION To pay promptly when due. all compensation and other benefits required of the Insured -by the workmen's compensa hot law, COVERAGE B — EMPLOYERS' LIABILITY To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death a. any time resulting therefrom, (a) sustained In the United States of America, its territories or passessrocs, or Canada by an)L employee of the Insured arising out of and in the course of his employment by the Ins red either in operations in state designated in item 3 of the declarations or in operations necessary or Incidental thereto, o r (b) sustained while temporarily outside the United States of Americo, its territories or possessions, or Canada by any employee of the Insured who is a citizen o r resident of the United States or Canada arising out of and in the course of his employment by the Insured in c ection with opera- tions in a state designated in item3nof the cl clo,ohons, but this insurance does not apply to any suit brought in or any judgment rendered by any, court outside the United St otes of America, its territories or possessions, or Canada or to an action on sueh judgment wherever brought 11. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAY - ��_ JY.ENTS As respects the insurance afforded by the other terms of this policy the Company shall - (a) defend any proceeding against the Insured seeking such benefits and ory suit against the Insured alleging suck in- jury and seeking damages on account thereof, even if such proceeding or suit is groundless, false or fraudulent, but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient, (b) pay all premiums on bonds to release attachments far an aunt not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended proceeding or suit, but without any obliga- t lion'to apply for'or fufnisfi any such bonds; ' (c) pay all expenses incurred by the Compony, alt costs taxed against the Insured in any such proceeding or suit and all interest accruing after entry of judgment until the Company has paid or tendered dr deposited in court such part of such judgment as does nor exceed the limit of the Company; liability thereon; (d) reimburse the Insured for all reasonable expenses, other than loss of earnings, incurred at fhe Company'N request. The 6mdunts incurred under this insuring ogteefned),-eAepr settlements of claims and suits, are payable by the Company in addition to the amounts payable under Coverage A of the opphcabte limit of liability under Coverage B- Ill. DEFINITIONS (a) Workrnon's Compenwtion Law. The unqualified term, _ "workmen's compensation law" means the workmen's . - compensation law and any occupational disease law of a state designated in item 3 of the declarations, but does not include those provisions of any such law which provides ccupational disability benefit, (b) State. The word "state" arearrs any State or Territory of the United States of America and the District of Columbia, (c) Bodily Injury by Accident, Bodily Injury by Disease. The contraction of disease is not on accident within the meaning of the word "accident" in the term "bodily injury by accident' and only such disease as results directly from a bodily injury by accident is included within the term "boddy injury by accident" The term "bodily injury by dlzeose" includes only such disease as is not included within the term "bodily injury by accident." (d) Assault and Battery. Under Coverage B, assault and battery shall be deemed an occident unless committed by or at the direction of the Insured. IV. APPLICATION OF POLICY This policy applies only to injury (I) by accident occurring during the policy period, or (2) by disease caused or aggra- vated by exposure of which the lost day of the lost exposure, in the employment of the Insured, to conditions causing the dis- ease occurs during the policy period. EXCLUSIONS This policy does not apply: (o) order Coverages A and B to operations conducted at or from any workplace not described in item I or 4 of the declarations if the Insured has, under the workmen's com- pensation law, other insurance for such operations or is a qualified self- insurer therefor; (6) under Coverages A and B unless required by low or de- scribed in the declarations, to domestic employment or to farm o, agricultural employment; Ic) under Coverage B, to liability assumed by the Insured under any contract or agreement but this exclusion does not apply to a warranty that work performed by or on be- half of tie Insured will be done in a workmanlike manner, fcIJ under Coverage B, (1) to punitive or exemplary damages on account of boddy injury to or death of any employee employed in violation of faw, or (2) with respect to any employee employed in violation of low with the knowledge acquiescence of the Insured or any executive officer thereof; (e) under Coverage B, to bodily injury by disease unless prior to thirty-six months after the end of the policy period written claim is made or suit is brought against the Insured for damages because of such injury or death resulting therefrom; (f) under Coverage B, to any obligation for which the fissured or any carrier as his insurer may be held liable under the workmen's compensation or occupational disease law of a state designated in Item 3 of the declarations, any other workmen's compensation or occupational disease low, any unemployment compensation or disability benefits law, or under any similar law. CONDITIONS [Unless lhe —is, noted, the con d.hons apply to all coverages] 1. PREMIUM — The p,enium bases and rates 'for the clos- vficatmns of operations described In the de: orations are es stated therein and for classifications not so descnoed ore those applicable in accordance with the manuals I a by the Company This pahcy is issued by the Company -cepred by the Insured wuh the cgreement that if any change otes or rIng plans is r becomes caphcable to /pis pahcy order any law reg,1,ting this in or becouse of any amendments affecting the benefits p—, led by theworkmen's compensation low, such change —1, rte effect— date thereof shall be slated in an endorse- ment issued to form a port of this policy When used as a premium basis, '-remuneration" means the entire remuneration, computed in accordance with the manuals in use by the Company, earned during the policy period by (a) all executive officers and other employees of the Insured engaged in operations covered by this policy, and ib) any other person performing work which may render the Company liable under this policy for injury to or death of such person in accordance with th- o.kmen'r -compensation l—w -Rem - ration " shall not include the'remuneration of any person within division (b) foregoing if the Insured maintains evidence satisfactory to the Company that the payment of compensa- tion and other benefits under such law to such oerson is (CONTINUED ON CC -28 -8 PAGES 2 & 3) �t °�d. a uc��nnn��uno a 1 AG KI ")4 L.MJUALI 1 All JUR -11 I.0 Ivt rH IY Endorsements, with the general Hartford. Coonecti,ait 0611' provisions, complete this VIORM?EN'S COQ IPENISATION AND EMPLOYERS' If policy subject to three-year fixed rate manual rules L r LT`r POL:CY For type W in this block E] 1.NAIME OF — ,LOBS FOR PROGRESS, INC. OF CORPUS CHRISTI, POLICY NUMBER AND RED )— TEXAS ADDRESS 2818 S. PORT AVENUE 18 C T 1608 1CAA CORPUS CHRISTI, TEXAS 78405 E]Indivldual ❑Partnership QCorporation (Show Number and Street or RFD, City, State and Zip Code) [] Other: Locations —All usual workplaces of the insured at or from which operations covered by this policy are conducted are located at the abov address nless otherwise stated herein Hwy 3 i. 2 MILES WEST OF AVE B, INGLESIDE, TEXA4 2 POLICY PERIOD 1 From 5_2_74 to 5_2_75 12:01 A I Standard Time at the address of the Insured as stated herein. 3 Coverage A of this policy applies to the workmen's compensation law and any occupational disease law of each of the following states- 4. Classification of Operations Code Premium Basis Rates Estimated Entries in this item, except as specifically provided elsewhere in Numbers Esunne. Total Par $100 of Annual Premiur this policy, do not modify any of the other provisions of this policy. Annual li munwatan Remunarauoa * Clerical Office Employees N 0 -C. 8810 122,382. .17 208. * Salesmen, Collectors or Messengers — outside 8742 86,005. .60 516. * Drivers, Chauffeurs and their Helpers N,O.C.— commercial 7380 ( *if not specifically included below) 724. If applicable, type EJ Loss Constant •fir `'� �'�• m_tFsa, 'X' in proper block ❑ Expense Constant ❑ Loss & Expense Constant �y,�y lirraw MINIMUM DEPOSIT TOTAL ESTIMATED PREMIUM $ 32. PREMIUM $ 543. ANNUAL PREMIUM $ It indicated herein, interim adjustments or premiums shall be made 3 Year Policy Installments ❑Semi - Annually ®Quarterly [Monthly Payable- In Advance) S Endorsements made part of the policy (designated by Endorsement number): 1st Anniversarylt $ 2nd Anniversary $ C2060 FORM 51 TX3,2 5 Limit of Liability for Coverage B— Employers' Liability $100,000. subject to all the terms of this policy having reference thereto. /^ r Countersigned by (CC -2e B) a -72 CAT, 25562A Panted ,n U S A 12. CHANGES — Notice to any agent or knowledge pos- sessed by any agent or by any other per- son shall not effect a waiver or o change in any can of this policy or estop the Company from asserting any right under the terms of this policy, nor shall the terms of this policy be warved•or changed, except by endorsement Issued tc form a part of this ppl _y 13. ASSIGNMENT— Assignment of interest under this policy shall not bind the Company until Its consent Is endorsed hereon If, however, during the policy period the Insured shall de, and written n le s gn to the Company -thm thirty days after the date o` such death, this policy shall cover the Insured's legal rep•esentatl.e as In- su•ed, provided that nonce of cancellation address=ed to the Insured named in the declarations and marled or deh,ered, after such death, to the address shown In this po!.cy shall be sufhaent nonce to effect ccncellotion of this policy 14. CANCELLATION — This policy mey be cancelled by the Insured by mailing to the Com- pany written notice stating when thereafter the cancellation shall be effective This policy may be cancelled by the Company by mailing to the Insured at the address shown in this policy written notice stating when not less than ten days thereafter such can- cellation shall be effective The moiling of norice as aforesaid shall be sufficient proof of notice- The effective date of can - cellation stated in the notice sho!I become the end of the policy period Delivery of such written notice either by the Insured or by the Company shall be equivalent to moiling If the Insured cancels, ur.!ess the manuals in use by the Com- pany otherwise provide, earned premium shall be (1) computed in accordance with the customary short rate table and procedure and (2) not less than the minimum premium stated m the declara- tions If the Company cancels, earned premium shall be computed pro rata Premium adjustment may be made at the time cancella- tion is effected and, if not then made, shall be mode as soon as practicable after cancellation becomes effective The Company's check or the check of its representative moiled or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the Insured. I � When the insurance under the workmen's campensaton low may not be cancelled except In accordance wrth such' law, this condition so far as It applies to the Insurance under this policy with respect to such low, m amended to conform to such low. 75. TERMS OF POLICY CONFORMED TermsoFthts TO STATUTE— COVERAGE A— policy which are Ia can. fl,ct with the provisions of the workmen's compensation law are hereby amended to conform to such low 16. LONG TERM POLICY— If this policy is written for o period longer than one year, oil the provisions of this policy shall apply separately to each consecutive twelve months period, o,, If the first or lest con- secutive period is less than twelve months, to such period of less than twelve months, in the some manner as If a separate policy had been written for each consecutive period The earned premium for each such period shall be computed as provided by Condition I of this policy, subject, except as otherwise provided in the manuals in use by the Company with respect to classifica- tions of operations for which this policy provides a per capita premium basis, to the following provisions: (a) The premium rotes for the first consecutive period sholl be those stated in the declarations and those applicable for such penod in accordance with the manuals in use by the Company, (b) The premium bases, classifications of operations, rates, rating plans, premiums and minimum premiums for r- such subsequent period sholl be those applicable for period in accordance with the manuals in use by the Con. pony. 17. DECLARATIONS —By acceptance of this policy the Insured agrees that the statements in the declarations ore his agreements and representations, that this policy is issued in reliance upon the truth of such represen- tations and that this policy embodies all agreements existing between himself and the Company or any of its agents relohng to this insurance. IN WITNESS WHEREOF, The ktno Casualty And Surely Company has caused this policy to be signed by its President and a Secrelary at Hartford, Connecticut, and countersigned on the declarations page by a duly authorized agent of the Company. Secretary O&I—lelt /'T �s.c.� , Presider —.1101 SHORT RATE TABLE Pd Cent Pe, Cent Per Cent Per Cent Pr Cerr Per Cer 0 of 13— f PoIicY One Yea Pd Y arse Yeti po�y Ore Year PoLCy 0- Year M One Yea m Force 7 - -- Premiam in Force 37- d0 Premium - 21 % m Fore 95. 93 Premium 37: m Force 156156 .-. ..-. P__ - 53% :n Fore 219.223 --- _- --. pla - 69% m F�mce 292 -296 . - -- - -- P�re..r> --- - 85 2 .- 3- 4 6 6 7 41- 43 46 17 .- 22 -- 23 99 -102. .. 103-105 - -- .. 38 --- 157.160 ----------- ._- 161- 16¢... _-.-- - . 5¢ --- - - - -55 224 228 -- - - - - 229 -232 - ... - -- - .---- 70 - - - -- 71 297 -J01 - - - - - 302 3as (10 mos) ...-.. 86 . - - - -- . 87 S 6._ 7- 8 1 9 48 -51 52- 54 - -24 25 106100 -- _ 110 113 A) -- a0 41 165 -16] .. ... ... 168 - 171... ... . . . . .56 ... _. 57 233- 241... ...- 238 -241 . -.. - .... 72 .... 73 305310-- ...... 311 314. .... 88 . Bo 9 10 -- 11 12 10 - Ii 55 68 59- 62 12 mast - 26 27 1191'6 120 .. 42 -.. 47 172 -175 .-- . -.__. 176178 -- --- .._.. 58 ---- 59 242 -256 18 rim) 247 - 250........- - ---- 74 _ -_ 75 315319 ..- -_ ---- 320327 ----- -- ....._- - - - -.90 - -- 91 I} la - -- 12 63- 65 - 28 i21 12a l4 mcs) :21 d4 179 -I 7 8_ (6 inns) .. .. 61 251-255 .. .. 76 329328 .. .. ...... 92 15. 16 - 13 66- 69 .- - 29 125.127 - 45 IB3 187 - - 61 255260 - - - TI 329 372 - 93 17 16 I¢ 70- 73 30 12d 131 - 46 188191 ........ .. . ..62 2ol -264. - - 78 333.337 (1) m 1 - 94 19- 20 21 22 -. 15 - 16 76 76 71 80 31 - 32 132 135 -- - 13513d 47 192 -19fi .._... - 197 200 - - .... 63 - 6¢ 265269 - - 270 -273 R —1 -- 79 80 338 -342 .. .... 343 -3¢6 . ...... 95 - -- 96 2] 25 26 29 - ,1 _ 18 61 83 84- 81 3J - 3¢ :391¢2 143 tali - - 49 50 201 -205 - 206 209 .. ........ - - -65 66 276278 -- -- 279 282 -- -- 81 82 3¢7 -351 .-- 352 -355 -. ..... 97 - 98 30- 32 f I m,) - 3l- 36 - - 19 20 88 91 (3 mom 1 92. 94 - --- - 35 36 : e7 149 150 151 l5 mos) -.- 51 52 210 214 (7 —) - 215219- ---- - ---- ..- 67 -- -- 68 283 M7--- 288- M. -- - -. - 83 .84 356360 761 -365 (12 mos) 99 100 —.1101 other undertaking approved by the governmental agency having jurisdiction thereof. If the deela'ratrons provide for adjustment of premium on other thnfi on annual basis, the Insured shall pay the deposit premium to the Company upon the inception of this policy and thereafter interim premiums shall be computed in accordance with the nuals In use by the Company and paid by the Insured promptly after the end of each nt—al specified in the declarations The deposit premium sho!I be retained by the Company until termma- von of this policy and credited to the final premium odjustment The Insured shall maintain records of the information necessary for premium computation on the bases stated in the declaro- tlons, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. If the Insured does not furnish records of the remuneration of persons within division (b) of the definition of remuneration foregoing, the remunera- tion of such persons shall be computed in accordance with the manuals in use by the Company. The premium stated in the declarations is an estimated premium only Upon termination of this policy, the earned premium shall be computed in accordance with the rules, rates, rating plans premiums and minimum premiums applicable to this msuronc- e In accordance with the manuals in use by theCom- pony If the earned premium thus computed exceeds the premium previously paid, the Insured shall pay the excess to the Company, if less, the Company shall retum to the Insured the unearned portion paid by the Insured All premiums shall be fully earned whether any workmen's compensation low, or any part thereof, is or shall be declared Invalid or unconstitutional 2. PARTNERSHIP OR JOINT Ifthelnsuredisapon"" VENTURE AS INSURED— ship or joint venture, such insurance as is afforded by this policy apples to each partner or member thereof as an Insured only while he is acting within the scope of his duties as such portner or member. 3. INSPECTION AND AUDIT —The Company and any rating authority having jurisdiction by low shall each be permitted but not obligated to inspect at any reasonable time the workplaces, operations, machinery and equipment covered by this policy. Neither the right to make inspections nor the making thereof nor any re- port thereon shall constitute an undertaking on behalf of or the benefit of the Insured or others, to determine or warrant that such workplaces, operations, machinery or equipment are safe or healthful, or are in compliance with any law, rule or regulation. The Company and any rating authority having jurisdiction by low shall each be permitted to examine and audit the Insured's payroll records, general ledger, disbursements, vouchers, con- tracts, tax reports and all other books, documents and records of any and every kind at any reasonable time during the policy period and any extension thereof and within three years after term,notion of this policy, as for as they show or tend to show or verity the amount of remune,abon or other premium basis, or relate to the subject matter of this Insurance Q. NOTICE OF INJURY— When an injury occurs written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable Such notice shall contain par - ticulors sufficient to Identify the insured and also reasonably obtainable inforniotian respecting the time, place and circum- stances of the Injury, the names and addresses of the injured and of available witnesses 5. NOTICE OF CLAIM OR SUIT —If claim is made or suit or other pro - ceed,og Is brought against the Insured, the Insured shall Imme- dwtely forward to the Comoony every demand, notice, summons or other process received by him or his representative 6. ASSISTANCE AND The Insured shall COOPERATION OF THE INSURED— cooperatewiththe Company and, up- on the Company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, or proceedings The Insured shall not, except at his own cost, voluntarily make any payment, assume any obi'gotlon or incur any expense other than for such immediate medical and other services at the time of injury as are required by the work- men's compensation law 7. STATUTORY PROVISIONS— The Company shall be COVERAGE A— directly and primarily liable to any person en- t w l;led to the benefits of the orkmen's compensation low under this policy The obligations of the Company may be enforced by such person, or for his benefit by any agency authorized by law, (CC 28 8) 8.10 PAGE 2 8ankruptty or Insolvency of the Insured or of thz Insured's estate, or any default of the Insured, shall not relieve the Cc many c' any of its obligations under Coverage A- As between the employee and the Company, notice or knowl. edge of the injury on the part of the Insured shall be notice or knowledge, as the case may be, on the part of the Company, the jurisdiction of the Insured, for the purposes of the work- 's compensation luw, sholl be junsd.ctoo of the Company and the Company shat] in all things be bound by and subject to the findings, judgments, awards, decrees, orders or deusions rendered against the Insured in the form and manner provided by such low and within the terms, I— tatian5 and provisions of this policy not Inconsistent with such law. All of the provisions of the workmen's compensation law shall be and remain a part of this policy as fully and completely as if written herein, so for as they apply to compensation and other benefits provided by this policy and to special taxes, payments into security or other special funds, and assessments required of or levied against compensation insurance corners under such law. The Insured shall re-mbume the Company for any payments required of the Company under the workmen's compensation law, in excess of the benefits regularly provided by such law, solely because of injury to (o) any employee by reason of the serious and wilful misconduct of the Insured, or (b) any employee employed by the Insured in violation of low with the knowledge or acquiescence of the Insured or any executive officer thereof. Nothing herein shall relieve the Insured of the obligations im- posed upon the Insured by the other terms of this policy. S. LIMITS OF LIA8I11,ITY— Thewords "domagesbecause COVERAGE 8— of bodily injury by accident or disease, including death at any time resulting therefrom;' in Coverage B include damages for care and loss of services and damages for which the Insured is liable by reason of suits or claims brought against the Insured by others to recover the damages obtained from such others be- ause of such bodily injury sustained by employees of the Insured sing out of and in the course of their employment. The limit of liability stated in the declarations for Coverage 8 is the total limit of the Company's liability for oil damages because of bodily Injury by accident, Including death at any time resulting therefrom, sustained by one or more employees in any one ac- cident. The limit of Inability stated in the declarations for Coverage B is the total limit of the Company's liability for all damages because of bodily injury by disease, vrcluding death of any time resulting therefrom, sustained by one or more employees of the Insured In operations In any one state designated In item 3 of the declarations or In operations necessary a incidental thereto. The inclusion herein of more than one Insured shall not oo- erase to increase the limits of the Company's liability. 9. ACTION AGAINST COMPANY —No action shall lie COVERAGE 8 against the Com- pony unless, as a condition precedent thereto, the Insured shall have fully complied with at] the terms of this policy, nor until the amount of the In- sured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall there- after be entitled to recover under this policy to the extent of the insurance afforded by this policy Nothing contained in this policy shall give any person air organization any right to join the Company as a co- defendant in any action against the Insured to determine the Insured's liability. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations under Coverage B. 10. OTHER INSURANCE —If the Insured has other In- surance against o loss cov- ered by this policy, the Company sholl not be liable to the Insured hereunder for a greater proportion of such loss than the amount which would have been payable under this policy, had no such other Insurance existed, bears to the sum of said amount and the amounts which would have been payable under each other policy applicable to such loss, had each such policy been the only policy so applicable 11. SUBROGATION —In the event of any payment under this policy, the Company shall be subrogated to oil rights of recovery therefor of the Insured and any person entitled to the benefits of this policy against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else Is necessary to such rights The Insured shall do nothing after loss to prejudice such rights i ' Workmen's Compensation and Employers' Liability Policy EXECUTIVE OFFICERS, PARTNERS AND SOLE PROPRIETORS ENDORSEMENT —TEXAS It is agreed that: (1) Such insurance as is afforded by the policy by reason of the designation of Texas in Item 3 of the declarations does not apply to injury, including death resulting therefrom, sustained by any executive officer of the Insured, Partner or Sole Proprietor of the Insured except such, if any, as are designated below or in Item 4 of the declarations. (2) "Remuneration' when used as a premium basis for such insurance, shalt not include the remuneration of any executive officer, partner or sole proprietor of the Insured not so designated. Designation of Persons NO COVERAGE PROVIDED This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement effective Policy No. Endorsement No. Named Insured f ' &0_1 Countersigned - Au orized Agent TEXAS FORM TXJ2 •(CG383-6) 10.73 CAT 332771 PRINTED IN USA 1/ ASSIGNED RISK POOL REINSURANCE ENDORSEMENT —TEXAS It is ag,etd that the pohts of „huh this endursemenr form+ a part dues ant afford insurance under Crrve -ge 8 ooh re,pur m u,uric, nr death ,tamedoucsidc the State of Texas, and than the prusisious of Insuring Agreements 11. 111 ..u.! IV shall not ipph nth respect to injuries or death sustaiucd outside the State of Texas for sshieh nu ntwru.tc a .ttlordcd under Coserage 13 prueidtd. however. that the provisions of this paragraph of chi, tnduntnicut hall not appl, to habiht of the Insured on account of injuries to ur death of persons who are Texas employees ssthui the mooting of. and subject to cite Workmens Compensation Law of Texas. uncle. cir-n -a tits s Iiere the lnwrcd is deprived of none of his defenses at tonunun law or in adrniralty- It is further agrtbd that the prtnvurn basis as described in Condition I of the puhty shall include the enure remuntraton of .dl persons octupcang Elie status of Texas employees under the Workttt s Compensation Lass of -ItXAS or Elie Longshurcnwn's and Harbor Worker's Compensation Act. irrespeune of where they %or'k in the business operations described in the Declarations It is agreed that the Standard %Vorkmen s Compensation and Employers Liability Pohc) of which this endorse- ment forms a part Is issued bs the Company as a means of effecting the plan of reinsurance prosided for in Article 5.76 of the Insurance Code of Tesas. and Elie liability of the Company under the polies shall be limited to its habiht) as remsurer. as prusided in said Article Thn enabmuncnt, I—ed bs our of the below named companies. tunas a part of the polity to uhith an.11het effettrve on rite un,,p,,n date of die p�-hts unless otherwise stated here.. (The mF.,.m m bell. a regwred only when this endiKSemmr n ruueJ subsequent to prepaaunn of the pulay ) Endorsement Flfecose Policy No. Endorsement No. Named Insured PRI–NIII'bt- AddawrialS ReturnS THE /ETNA CASUALTY AND SURETY COMPANY THE STANDARD FIRE INSURANCE COMPANY Countersigned Hartford. Connecticut 06115 Authors Ad Representarive tC -2080 8) 8 71 CAT 243779 PRINTED IN U S A :i N E$CUrSIM OF MAPFZTIME UM11.TTV 1=gSay.T It is agreed that the policy does not apply to injury, inel ling _ dsath resulting therefrom, sustained by a master nr member. of the crew of any vessel or by any person in the course of em- ployment subject to the United States Inngshare=mis and Harbor 47orker's Compensation. Act, U. S. Cnde (1946) Title 33, Section 901 -49 i'Limeo 198 (3 -70) Form 51 Th•, pv: of the mhn 10 ., h.ch "'ch_d, effrcoo a - the mcepnon dxrc of rhr Wl,q onlrsc orhercu se arced herein. (Tbr 611— a .uta:rd on j yhen'h" -d--W's unud rxbirgrmr ra p.eperaaion of po1u�,� Evdvrsemevt effstivo Pohcy No N=cd Insured Endorumeoe No. Add, .oaal Prcminm j Rcavrn Prcmium § BI PD In Advance $ $ he Anniv. $ $ 2nd Anniv. $ $ CAT. 2:6594 �.'� _" 1, 71 OTHER COPY OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF JOBS FOR PROGRESS,_ INC.„ OF CORPUS CHRISTI, TEXAS CHARTER NO. 231134 The undersigned, as Secretary of State of the State of Texas, hereby certifies that duplicate originals of Articles of Incorporation for the above corporation duly signed and verified pursuant to the provisions of the Texas Non-Profit Corporation Act, have been received in this office and are found to conform to law. ACCORDINGLY the undersigned, as such Secretary of State, and by virtue of the authority vested in him by law, hereby issues this Certificate of Incorporation and attaches hereto a duplicate original of the Articles of Incorporation. Dated - JANUARY 20______, 19, 6_7 — -------- ----------------- --- 0 a e A. q n � Filed in oC •(cxv J ARTICLES OF INCORPORATION OF -* JOBS FOR PROGRESS, INC., OF f CORPUS CHRISTI, TEXAS We, the undersigned natural persons of the age of twenty -one (21) years or more, all of whom are citizens of Texas, acting as incorporators of a corporation under the Texas Non - Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I The name of the corporationiis Jobs for Progress, Inc., of Corpus Christi, Texas. ARTICLE IX The corporation is a non - profit corporation without capital stock. -•- ARTICLE Ilt The period of its duration Xs one hundred (100) years. ARTICLE IV The purposes for which the Corporation is organized are as follows: PROVIDED THAT SUCH PURPOSES SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES 1302 -4.04 AND 1302 -4.05 OF VERNON'S ANNOTATED CIVIL STATUTES AND THAT THERE SHALL BE NO BANKING OR DISCOUNT PRIVILE' � 1. CTo help eliminate the paradox of poverty in the midst of plenty in this nation by helping all governmental agencies in opening to everyone the opportunity to obtain work, the opportunit 1 for education and training, and the opportunity live in decency and dignity, all pursuant"to 'the-Economie Opportunity Act- of•1964- of, the United States of America 2. �To enlist the financial support and cooperation of city, state, federal governments and private institutions in carrying out the national administration's objectives in the campaign against poverty. 5 � .sr _2- 4 Y 3. To develop specific projects generally as follows; Job education training services and schools; job placement and employment; the relocation of peoples not trained in areas not being served by other groups or organizations, so that those for whom this program is intended can reap the,full measure of benefits to derived therefrom; rehabilitation of displaced and injured workmen; and work with other groups in labor and industry to foster employment. , 4. To seek objectivity and impartiality in the administrat of the program for carrying on the war on poverty by helping the qualified to gain better positions or, employment in job placement programs, to train those who are not'qualified, but trainable, to do work that will better their position in life, and to help relocate those persons who are qualified for employment, but who reside in areas where the unemployment rate is high, to other areas. 5. To undertake, promote,'develop and carry on training or educational work, to establish and maintain in whole or in part educational or training centers, job' - placement agencies, and relocation centers, and without limiting the generality of the foregoing, in the absolute discretion of the Board of Directors, to make contributions and loans out of its assets, (without limit as to the amount going to any one recipient, or, in the aggregate, to all recipients), to or for the use of any and all corporations, organizations, foundations, institutions, the united states, -any state, territory, or political subdivision thereof, the District of Columbia, governmental bodies, individuals, or projects for training or educational purposes; for the benefit or welfare of` needy men, women, or children, for the improvement of their living and working conditions, for the alleviation of human suffering,' for the advancement of knowledge and learning, and for providing facilities for job opportunities, training, and relocation. : 6. To acquire, receive, purchase, take by gift, grant, devise, bequest, or otherwise, real, personal, and mixed property of every kind and description, wheresoever the same may be situated and without limit as to amount, including, without limiting the generality of the foregoing, money, lands, buildings, mortgages, shares, stocks, debentures, or other securities of any donor, bills, notes, claims, or any evidence of indebtedness and interest in any property which may be necessary or convenient for the conduct of the project or projects, to hold, invest, reinvest, use, mortgage, pledge, sell, lease, assign, give, exchange, / transfer or otherwise dispose of the same at pleasure; to borrow l money of any person, firm, or corporation and to issue notes or obligations of the project from time to time for any of the objects or purposes of the project and secure the same by lawful means; to enter into, make, perform and carry out contracts of any kind or nature for any of the objects or purposes of the project without limit as to amount; and to have one or more offices to carry on all or any of the operations and the exercise of any of the powers of the project. 7. To do all and everything necessary, suitable and proper for the accomplishment of any of the purposes or the attainment of any of the objects or the furtherance of any of the powers hereinbefc�.° set forth and to the same extent as natural persons might or could do, either alone or through the agency of - l. other corporations, organizations, foundations, institutions, governmental bodies or individuals, and to do every other act or acts, thing or things, incidental or appurtenant to or growing out of or connected with the aforesaid objects or purposes or any part or parts thereof, and to do all things not forbidden by the laws .of the United States,-State of Texas, or any political subdivision ( where this corporation is duly qualified; and with all the powers `�,! conferred upon corporations by the laws of said state. i_4_ i ARTICj.E V The conditions, terms and qualifications for membership, and the operation of this corporation shall be as provided for in the By -Laws of the corporation and as directed by the Board of Directors. ARTICLE VI The address of the initial registered office of the Lulac Home, corporation is/5550 Kostoryz, Corpus Christi, Texas, and the name of its initial registered agent is JOSUE V. QUINTANILLA, 5550 Kostoryz, Corpus Christi, Texas. ARTICLE VII " The private property of the incorporators, - members, directors and officers of the project shall not be subject to the payment of the corporate debts or corporate liabilities to any extent whatsoever. ARTICLE VIII f In the event of the liquidation, dissolution or winding up of the corporation, whether voluntary or involuntary or by operation of law, any disposition made of the assets of the corporation shall be such as is calculated exclusively to carry out the objects and purposes for which the corporation is formed; upon either of such events occurring, any disposition of assets will be by conveyance to an organization with similar purposes. ARTICLE IX 1 The numoer of Directors constituting the initial Board of Directors is Ten (10), and thereafter as may be prescribed by the Board of Directors. The names and addresses of the persons whc are to serve as the initial Directors, are as follows: 1. Dora Garcia 1609 Tarlton, Corpus Christi, Te 2. F. H. Saavedra 1609 Pinewood Drive Corpus Christi, Texas 3. Josue V. Quintanilla 4529 Larkspur, Corpus Christi, ' ^ 4. Oscar Del Rio 4333 Marie, Corpus Christi, Tex. = 5. Guadalupe Valdez, Jr.2218 Roslyn St., Corpus Christi (--j- -5- 6. Pedro F rcia 7. Gilbert .e. sacra 8. C. S. Garcia 9. rgcs. rred Srulloths 10. Dr. Eeator P. Garcia wilson building, Cospla Christi.Tox. 4417 Cash St., Corpus Chriati.Te 4776 14&bls, Corpus Christi. Toxss 2260 Loritts Dr., Corpus Chriati.260 1313 Bright St.. Corpus Christi. To AgTxcz,s x ' The name and street address ci each incorporator is$ 1. Dora Garcia 1009 Tarlton, Corpus Christi, Taxes 2. g, H. 8aaysdra 1609 Pinswod Dr., Corpus Chriissttii. ma 3. Josue V. Quintaaiila 4529 Larkspar, Corpus Christi, ?ON- 4. Oscar Dol IdD s. Guadalupe Valdes. Jr. 6. Pedro P. Garcia 7. zeilbart m. r4ora 8. C. a. Garcia 9. Krs. rrod Drulloths 4333 Harie, Corpus Christi, Texas 2218 Roslyn St..'Corpus Christi, Ta Wilson Building. Corpus Christi,Tw 4417 Casten= St., Corpus Christi,i 4726 Kahle. Corpus Christi. Tc=as 2260 Loritte Dr., Corpus Christi, 10. Dr. 3e0tor P. Garcia 1315 Bright St., Corpus Christi, T, 339 ggg p�ggr, we hereunto set our hands this a� day of A.D., 1966—. putt.., 1&"' rc I1 r. H. SAAVSDRA C� Jr V. QUZLiAt7xLL6 v 0� L. Rl D4 p SWORN AND SUBSCRIBED BEFORE ME TH I SIrn A_ DAY OF"il,7l 1966. 1. NOTARY PUBLIC IN AND FOR NUECES COUNTY, STATE OF TEXAS. lYl ?/I ?tiv of "�cr_I�CU� NOTARY PUBLIC, NUECES COUNTY MY COMMISSION EXPIRES JUNE 1, 1967 a -6— VIEDW Hit CIA f�Y i1. C. S. GARCIA' a&a. SRRD BEiULLOTHB �D 4 A P. OARt�IA BTATR OF TW= Cotmiry or I, notary public, do hereby cortify that on this day of CJ / &�? personally appeared before as DORA GASCIA, F. n. SAAVMRA, JOSDE V. VILLA, OSCAR DZL RIO, WADAWPU VAW=, JR., PM= P. "W A, GIL = M. KDRA, C. S. "=XA, )MS. 8R1D DRULLOM, and M CMA P. CARCIA, mho being by me first duly sworn, each declared that he is the peram vho sigmed the foregoing document as as inoorporator. and that the statments therein contained are true and correct. 1N wImns MMUM, I have harounto cot my hand and Beal of office the day and year above written - Motary Public' in and foor --/K/ii7,4'i9�'D�� Case" County, Tomas Hv .- ant ..n�.tin a.r.s4 rAr• • JOBS FOR PROGRESS, INC. Operation SER Corpus Christi, Texas MINUTES Regular Board Meeting June 4, 1975 l _ , JOBS FOR PROGRESS, INC. Operation SER AGENDA SUBJECT Regular Board Meeting DATE June 4, 1975 TIME 5:30 p.m. PLACE 1301 South Port Avenue - Jobs For Progress, Inc. PRESIDING: Mr. Eppy Gonzales - Vice - Chairman BOARD MEMBERS PRESENT 1. Mr. Rudy Garza - Chairman 2. Mr. Eppy Gonzales - Vice - Chairman 3. Mr. Hugo Berlanga - Treasurer 4. Ms. Jovita Pitts 5. Ms. Yolanda Peronis 6. Ms. Mary Salinas Garcia 7. Mr. Joe Vera 8. Mr. Adolfo Moreno 9. Mr. Manuel Colomo 10. Mr. Oscar Del Rio 11. Dr. Medina 12. Judge Cantu 13. Mr. Frank Garza BOARD MEMBERS ABSENT 1. Ms. Roseanna Gutierrez - Secretary 2. Ms. Yolanda Keneally STAFF MEMBERS PRESENT 1. Mr. Bernie Sandoval - Executive Director 2. Ms. Mary Lozano - Office Manager /Adm. Asst. 3. Mr. Pete Hernandez - Job Placement_ Specialist 4. Mr. Ben Bonilla - Counselor 5. Mr. Rogelio Guajardo, Jr. - Job Developer 6. Mr. Jesse Dehoyos - Accounting Aide 7. Ms. Elvira Garcia - Counselor 8. Ms. Leonor Mireles - Receptionist 9. Ms. Carmen Walker - Recording Secretary r .J 1 MINUTES I. CALL TO ORDER The meeting was called to order by Eppy Gonzales - Vice - Chairman of the Board. II. DUE NOTICE OF MEETING Mr. Gonzales asked Mr. Sandoval if due notice were mailed to all Board Members? Mr. Sandoval stated that all Board Members were notified. III. EXCUSE BOARD MEMBERS ABSENT Motion was made to excuse Board Members absent. The motion was seconded by Ms. Peronis. The motion was carried. IV. APPROVAL OF MINUTES OF MAY 14, 1975 Corrections to the minutes were made. Dr. Medina wants it to reflect that the hiring procedures had been violated. Approval was not given by board on the hiring of the two new staff members. Dr. Medina is not against these two individuals, only against the hiring procedure. V. REPORTS Mr. Gonzales read a letter from G.I. Forum. Mr. F. A. Saveoda appointed Mr. Frank Garza to the SER Board of Directors in place of Mr. Tony Canales who resigned recently. Ms. Peronis asked if the board had to approve another Board member's resignation? Mr. Gonzales stated that the board did not have to approve a resig- nation of a board member. Mr. Moreno asked if this was in the by -laws? Ms. Peronis asked whether we had a set of by -laws? Mr. Gonzales stated that we did have a set of by -laws. Mr. Del Rio stated that funding is tough, the only successful way of the two organization to go on, is by putting pressure on politics, that's why we exist. We also need to include the rural areas. Mr. Gonzales stated that the consortium and politicians are aware that we need to include the rural areas. Ms. Peronis asked if this was in the by -laws? • Mr. Gonzales stated that once you're in there, no one can remove you. Mr. Sandoval stated that this was ammended at a later date for board members. Ms. Peronis asked if this also meant the Chairman and Vice- Chair- man? Mr. Sandoval read from the by -laws, when the election of officers was to take place. It was found that the election of officers is held on first week of July. Dr. Medina asked when present Lulac officers had been elected? Mr. Sandoval stated that the board members were elected on July 10, 1974. Dr. Medina asked when did we come on? Mr. Sandoval stated that the SER Board members came on in August 1974. Mr. Berlanga stated that perhaps the Lulac by -laws had changed. Mr. Colomo stated if that's the case, then was Mr. Berlanga appointed or elected, to serve on-board. Mr. Gonzales stated that Judge De Pena had special election then, Mr. Berlanga was appointed to serve on board. Dr. Medina requested that the letter be reflected in the minutes of the appointment of Mr. Frank Garza of 2601 Morgan for two(2) years. Mr. Frank Garza spoke to Board Members and SER staff. Mr. Garza stated that this was his first meeting. He said that it looked like everybody pitches in and works together. He is sure that all the board members can do a good thing for SER. Mr. Gonzales asked if any other officers had reports? .!OTION A motion was made by Ms. Pitts, to change- the meeting where officers will be elected, to August 6. The motion was seconded by Dr. Medina. Due to the Lulac National Convention, the election of officers will be held on the sixth of August. The motion was passed. Mr. Sandoval presented the board members with a copy of the report on the evaluation done by the City. The Board members looked over this report. Mr. Sandoval stated that the problem of one staff member being re- i (Y1 laced to a Board Member, had been solved, by the resignation of Mr. Tony Canales. Ms. Pitts asked, how do you assure that this will not happen again, that the employee hired is not related to any Board Members? Mr. Sandoval stated that this was asked at the interview. Mr. Gonzales stated that he was an expert on hiring personnel. We abide by the policies and we cannot hire anyone related to Lulac and G.I. Forum Board Members. Ms. Pitts asked Mr. Sandoval if he knew this? Mr. Sandoval stated that he had been assured there was no nepotism at that time. Ms. Pitts asked, how do we know for sure that the applicant is not related to any Board :Iembers? Mr. Del Rio stated that the people doing the hiring take the applicant's word on it. Mr. Moreno asked, do we follow the Federal register? Mr. Sandoval stated that Title II does not cover nepotism. Mr. Gonzales yielded the Chairmanship to Mr. Rudy Garza at this time. Mr. Reyna asked if Mr. Sandoval knew there was nepotism, and how did the people on the evaluation team find out? Mr. Sandoval stated that he did not know how they found out. r, Mr. Reyna stated that Mr. Sandoval should bring the applicant's;hirina before the Board. Mr. Gonzales stated that this should be discussed in Executive session. Mr. Garza agreed with Mr. Gonzales, that the applicants should be discussed in Executive session. Mr. Sandoval reported to the Board on the results of the evaluation done by the city. The evaluation team felt we need more blacks on our program. Mr. Gonzales asked what percentage of blacks do they want in our program? Mr. Sandoval stated that no percentage was mentioned. Mr. Colomo asked if we had an affirmative action plan? } • Mr. Sandoval stated no, that we need more staff help. Mr. Colomo stated that three or four months ago, Mr. Sandoval had been told to drala- up an affirmative action plan and that the board would assist in this. The board can appoint a committee to help out. Mr. Hernandez stated that he had been asked by Mr. Vela not to do anything until he came up with a report. Mr. Colomo asked if this had been made clear to the evaluation team? Mr. Sandoval stated that it had been made clear to them at the time. Mr. Sandoval referring to evaluation report, Equipment not properly tagged, also Ms. Aida Perez should not have been in charge of the inventory. Dr. Medina stated that perhaps if you say that she just helps you out with it. Mr. Sandoval stated that the evaluation team though an aide is not responsible enough. On equipment, anything over two hundred should be brought before them on a total amount of over two thousand has to go thru DOL. They also told as to make sure on check on unemployment Compensation Mr. De Hoyos, our accounting clerk aide spends all his time in administrative component. we also need to keep a telephone log, there was a question on a telephone call that was made and no documentation on it. Mr. Colomo asked where was the call made to? Mr. Sandoval stated that the telephone call had been made to Los Angelos. Mr. Sandoval also told the Board Members of the check #241 which had not cleared the bank at the time of the monitoring, but that it had already been taken care of. On OJT department, not enough trainee information, also the certification form does not have all necessary information, too many white -outs. Mr. Guajardo,Ms. Garcia and Mr. Rocha had been doing certifications, from now on they want for just one person to do the certifying. Exit interviews will also have to be done. Mr. Bonilla was not aware that there should be Exit interviews made. Mr. Sandoval asked if any of the board members had any questions? Mr. Vera asked how often we are evaluated? Mr. Sandoval stated that oral visits had been done every six months, there had never been anything in writing before. Mr. Sandoval stated that he was happy with the report from the N C evaluation. We started a new class of twenty (20) accounting clerks in April. We have an excellent Instructor. In the Steno class we have only nineteen (19) students, one student dropped out as a result of family problems. In Auto Mechanics class there is twenty (20) students, four (4) have been placed on jobs already, one student was dropped from the class. On the Truck Drivers, there are no classes at the present time. One trainee from that class has not been placed yet. On the OJT Department, we have eighteen (18) new contracts, with twenty -eight trainees. One hundred and thirty -five (135) contracts all total, with one hundred and sixty -eight (168) people enrolled. Borty -nine (49) terminations, thirty -six (36) trainees still on job, and thirteen (13) trainees fired and not replaced. Mr. Sandoval told the Board Members that the two (2) new Job Developers had to meet a quota of fifteen (15) job orders per week, if they did not meet this quota, they were penalized. Mr. Colomo asked Mr. Sandoval if he meant that their wages were garnished? Mr. Sandoval stated that their wages were not garnished, they just have to carryover to the following week on their quota. Mr. Sandoval told the Board Members that he had an idea which he would like to recommend to the Board at this time. Mr. Sandoval thinks that the Steno class should be sent out in their last thirty (30) days or so, to local bus- inesses and get actual on the job training, but still be on our payroll. Judge Cantu asked if this would be with the possibility of the Stenos staying on at their job? Ms. Pitts asked Mr. Sandoval if he did'nt have a similar system two (2) years ago? Mr. Sandoval stated that we did have a similar work experience program before. Mr. Gonzales stated that he thought perhaps two (2) months before their trai- ning period was up, would be a good time to send the Stenos out, let them spend their last month here in the classroom. Judge Cantu asked if this would be in the by -laws? Mr. Gonzales stated that this would have nothing to do with the by -laws, but that the city might have something to say about it. Dr. Medina stated that he thought it was an excellent idea. Mr. Colomo asked if CETA would have anything against this? Ms. Pitts stated that she too thought it was an excellent idea. MOTION It was moved by Judge Cantu and seconded by Ms. Pitts, to allow Mr. Sandoval to alter the training program, to send out the Steno trainees on work experience. The motion passed. Mr. Sandoval reported to the Board on the FY -76 Proposal for 1975 -76 budget of $489,629.00, for a total enrollee of one hundred and fiery'-'four (1374), !I=t we--placed-one hundred -and eighty- five Our commitment for this year on FY -74 -75 (carryover) funds already spent, ninety -three (93) enrollees and sixty -seven people placed. We submitted a proposal of $472,000.00 that the Board approved, we met again and they care up ,ith $478;0OO.O0 . Our money is already here, the proposal has been approved by the Executive Committee and the Advisory Committee also. Se are going to have the Steno, Accounting, Auto Mechanics, and the Truck Driver's classes. The welding proposal has been dropped, we did not have en- ough money. We received a letter from the Migrant Council informing us that they are waiting for DOL to approve our budget on welding. The Advisory Com- mittee thinks our Administrative budget is too high. Mr. Garza asked Mr. Sandoval if the 20% is for the $700,000.00 budget? Mr. Gonzlaes asked if the 20% right now gave us 17%? Mr. Sandoval stated that we have to stay within the 17% or under. Mr. Sandoval further stated that the total administrative budget is high because fringe ben- efits, staff travel and rent all come under administrative cost, therefore our cost was 19.6 %. The Committee made some recommendations which Mr. Sandoval passed on to the Board. Mr. Gonzales stated that they have already given us the money, we'll do our own firing. Mr. Garza agreed writh Mr. Gonzales and asked if there was anyone against this? Mr. Gonzales stated that we run this program as long as we abide by the 17%. Mr. Garza asked Mr. Sandoval what exactly was he talking about to be in the 17 %? Mr. Sandoval stated that we had four positions, need to eliminate one on the administrative budget. Mr. Garza asked Mr. Sandoval who he had deleted? Mr. Sandoval stated that the Executive Secretary had been deleted. Dr. `_Iedina asked who the Executive Secretary was? Mr. Sandoval stated that Ms. Frances Trejo was the Executive Secretary. Mr. Garza stated that if we get bogged down on who gets eliminated, we'll have problems. Mr. Vera asked Mr. Sandoval if he would be over or under the 17% with the three (3) positions that were left? Mr. Vera also stated, why not give the Executive Secretary a different title? Mr. Sandoval stated that this could not be done on the new budget. l �> ils. Pitts stated that to help the same person why not hire her under a dif- ferent title? Mr. Sandoval stated that if we cut down on this budget, we could leave her in, and maybe cut down on traveling some more. The budget was for $96,000.00 in the original proposal. we came up with this recommendation and now pre- sent it before you, where do you want to cut? Mr. Garza asked Mr. Sandoval how much rent had we paid last year? Mr. Sandoval stated that we had paid $14,400.00 in rent last year. We need the office located in the back of the building, Mr. Sandoval offered Mr. .1artinez $1,500.00 a month for the whole place. Mr. Gonzales asked Mr. Sandoval how much was he paying now? Mr. Sandoval stated that he was paying $1,200.00 a month now, and that Mr. Martinez is asking $1,400.00 a month for the whole place. Mr. Sandoval stated that if we do the welding for the Migrants, we'll need more space. Mr. Garza asked Mr. Sandoval if he expected to hear from Mr. Martinez soon, on the offer made of $1,500.00 a month? Mr. Sandoval stated that he would be hearing from Mr. Martinez real soon. Mr. Garza asked, how did you manage to reduce 4,406 to 3,406? Ms. Lozano stated that by reducing the stipend r the workmen's compensation -� is based on the amount of stipend paid..t,f.: -= Mr. Gonzales asked Mr. Sandoval if this was his recommendation? Mr. Sandoval stated yes, this was his recommendation. Mr. Garza asked Mr. Sandoval if he had this alloted yet? Mr. Sandoval stated no, it had not been alloted yet. Mr. Garza asked Mr. Sandoval where do you propose to put the $15,863.00? Mr. Sandoval stated that it would be put back into allowances and training cost. Board Members reviewed administrative costs and it was decided that the Exec- utive Secretary position be eliminated. Mr. Sandoval stated that politically, we need to go to Hialco Center. Dr. Medina asked if we had picked up more money when we picked up Hialco? - Mr. Sandoval stated no, we did not, the reason that we are planning on ser- ving the Hialco area is because we need to serve more blacks. Mr. Garza stated that the Board had already authorize this, we cannot reverse ourselves on this decision. O� MOTION It was moved by Mr. Gonzales and seconded by Dr. Medina that Mr. Garza sign and enter contract between SER and the Coastal Bend :ianpower Consortium for fiscal year 1975 -76 for a total budget of $537,881.00 Mr. Sandoval reminded the Board that something be done on rent lease and truck lease on new contract. :•ir. Garza asked if this was to implement what the Board had just authorized? Mr. Sandoval asked if he should pursue with the sane contractors? NOT ION Mr. Gonzales moved and Ms. Pitts seconded that Mr. Sandoval get authorization to go into contract with the same contractors. The motion carried. VI. APPROVAL OF THE BILLS All bills were approved by the Board. MOTION Mr. Garza mo-7ed that the Board go into Executive session. VII. EXECUTIVE SESSION It was moved by Mr. Gonzales and seconded by Mr. Vera that all personnel on staff be rehired if there was a corresponding slot available in the new proposal. -c','= Only changes, hiring or proposed firing should be brought before the personnel committee for action. VIII. ADJOURNMENT There being no further business, the-meeting was adjourned. M �( JOBS FOR PROGRESS, INC. OF; CORPUS CHRISTI, TEXAS BOARD OF DIRECTORS TELEPHONE REPRESENTING E ADDRSS — NAME OFFICE 884 -0484 GI Forum 2601 Morgan, C.C. 1. Mr. Rudy Garza, Jr. Chairman 521. C.C. 883-5211 Industy Vice - Chairman P. 0. Box Drawer . 65 2. Mr. Eppy Gonzalez 852 -1089 GI Forum 1315 Bright, C.C. 3. Ms. Roseanna Gutierrez Secretary Rd., C.C. 88e =8101 LULAC 305 Old RabAe*wa 4. Mr. Hugo Berlanga Treasurer C.C. 0 LULAC 1104 Alexandria, Ext. 263 5. Dr. Arturo Medina 991 -6810 LULAC 1733 Sunbeam, C.C. Ext. 232 -234 6. Mr. Manuel Colomo C.C. 939 -3317 LULAC 3449 Lawnview, 7, Ms. Yolanda Peronis C.C. 882 -9333 LULAC 4505 Janssen, 8. Mr. Joe Vera 884 -0484 GI Forum 2601 Morgan, C.C. 9. Mr. Frank Garza 883 -3828 GI Forum 4333 Marie, C.C. 10. Mr. Oscar Del Rio C.C. 852 -0635 Res. GI Forum 5025 Kasper, 939 -2443 Bus. 11. Mr. Adolfo Moreno 310 Longview West, C.C. 883 -3828 Ex- trainee 12. Ms. Mary Salinas Garcia C.C. 991 -6810 Ex- trainee 1602 Main Dry, Ext. 230 13. Ms. Jovita Pitts 1503 Apt. A Horne Rd., C.C. 855 -3397 Ex- trainee 14. Ms. Yolanda Keneally 853 -5957 Union 4325 Hondurus, C.C. 15. Mr . Oscar Reyna Courthouse 882 -1771 Elected Official Nueces County ,A- 16. Judge Manuel Cantu T 1 �� i 1'2661 CONTRACT SIGNATURE SHEET PRI2IE SPONSOR: CONTRACTOR: COASTAL BEND MPLNPOWER CONSORTIUM CITY OF CORPUS CHRISTI P.O. Box 9277 P.O. Box 9277 CORPUS CHRISTI, TEXAS 78408 CORPUS CHRISTI, TEXAS 78408 This contract is entered into by the Administrative Unit of the Coastal Bead Manpower Consortium, hereinafter referred to as Price Sponsor and Central Administration , hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the provisions of this agreement. This contract consists of 3�ages, iacludiag this page, and such other provisions and documents as are included herein. The Contractor hereby agrees that he has read this Contract and will abide by all terms specified herein and also certifies that the information is this Contract is correct to the best of his knowledge aad belief and this Contract has been fully authorized. Funds hereby being obligated are subject to the availability clause. A. CONTRACT PERIOD This Contract covers the period (date) from 7/1/75 to 6/30/76 B. OBLIG_4TION Total CETA funds obligated by the Prime Sponsor are $ 197,765 1. Funds carried in from previous program year are $ 20,000 2. New funds obligated are $ 177,765 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) APPROVED FOR THE PRIME SPONSOR D-46Y OF , 1975 BY: Signature R. Marvin Townsend - Contracting Officer Name and Title APPROVED FOR THE CONTRACTOR DAY OF , 1975 BY: Signature R Marvin Townsend - City tanager Ua`e and Title ATTEST: APPROVED IV 01 OF 1975 City Secretary Date APPROVED: DAY OF 1975 /��f- i /V,►'r_�„ City Attorney Director of Finance t X HlB/ T W TABLE OF CONTENTS 1. CONTRACT SIGNATURE SHEET 2. BUDGET INFORMATION SUMMARY 3. PROJECT COMPONENT BUDGET 4. PROGRAM NARRATIVE 5. ASSURANCES AND CERTIFICATIONS 6. SPECIAL CLAUSES 7. AVAILABILITY OF FUNDS CLAUSE 8. CASH DEPOSITORY CERTIFICATE 9. SPECIAL BANK ACCOUNT 10. CERTIFICATION OF ACCOUNTABILITY 11. BONDING REQUIREMENTS 12. INSURANCE REQUIREMENTS ,'` ��J ., ar;a .a'-- 48 -5- 610-10 o. sox 9277 C Corpus Christi, Texas 78408 OUDGCT INFORMATION SUMMA.nY C. '(YIIE Ul: PRUGIIAM I. M Two 1 3. 0 Title Ill +. ❑'rm. VI - I, 2. ❑ Title 11 ........................... ............... ........ IJ, roll III.GIONAL OFFICE. USE ONLY _ UATC RECD. I LU N7'tAC7 IU.Y -_ --__� a } _ vt 4 0 ��2 8 5 LL � o D I�I'Idu d z U u a" c ; „I1I•alalscnTldll 1arn•v,t:Gn,IOI. ^z z3,zalrwz;a E. BUDGET SUMMARY CD9T CATEGDRJES ' CF.ANT PROGRAM !'UNCTION OR ACTIVITY LSTIMATED UNt XPENCICO FUNDS NL'W On NLVISL'O DUDCLT I. TOTAL 0. Fea Cral —_ _ _ ____ C. Non•Feoorat —� _ _ vac tl. I•eoeril C. Non•f rtlerdl +• --__ —. _— _— _L- a — — _ - = i�c-=- c -..a: —>:•� a+= �v.� 127 _ss� _ ,:- .r = =_:� I. Adnvssrauan c 1 1 11071 1A151 197,765 2. lJlowanccs • n 1 �. Wiles I II G 4 Fringe Bensfns 1 2 0 7b,rmq - t -- c. 1 o. Services I 1. z 3 =� I st ► 'EM Tatars 1 1 j2p I P001 I I i 119171 1716151 197,765 F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES : a. 0130 b. 12131 C. 3131 d. G/3O CoI. 1 13121 1 1 1 h191 4 '123 I J918181812 3'1 =3 ^ 1483231.1�.-- ^^ 19776 I Pt1 ^W Smri o, obliralions c s I I I 1 14i9i4i4ili _ 0 1 1 1_ I OlMlBi2i C A l l 11A801213 c 10 1 ,1191717 A t51 2 Ta:u Plmrcrcd E•pcndltures by Program LC I I I I I I I I I I I I I I I I I IT 3. Clazoom Trmn,nq, Prima 5 onsor b. On.rhr•Job Trainu, 1 2 _ I 3 7 a 2 = = J 2' 3. 1 2 3 7 3 1 21 I I e. Public Service Employment C j I ' 7 C. D C C I I I I I d. P; s'i L.pcm— ^ 1 I_ I0 I 1 111 1 1 1 _ '0 —7t y1 1 1 1 1 1 1 1 1 I ^ I I I I 1 1 e �—&ccs to Participants L Carr %C111'II ICS s 0 :._ � I I i I t I I I I —II yip PD t 13 ^' N ".' I� _I/St -ll+ 1'� JSp.nal I I I I I I r y 3. Pea en rd Expenditures for vocational Education H l 3 3 C”) 19,1 Y ]• TC IF Grant: 10 Covunars G 7 I I' P J I I I I I I I � I I I I I I I •1 ho :vclyd k\prnd,lures of Yon•Fedcral Funds < 1 I_;I0 I I I 1 I I I ^�J —rIC I I I I a (:I'•.• : c.'. r;; htrnd s, Nor In P,mc SPan•.or't Grant L. G:.rd Total Fro�cctcd Cxprnduurss G' LA%414ili I� r ,1 I I I I rI_� 9 8 8 8 21 I 4 31�?I�� �G_'i 1119171716J51 PLItiUO GNDING +i-• L.- ` ,)],0 I�I7! 1_�1 I I I I I '7a, I7 1 1 I I I I I- 7:60IO 7 1 1 r >'0'G�71 PROJECT Col—lool=l Fluuuhx -7 TITI;-: II ril TITS I t;fa-'2 OF CO'iTRUCTOR City of Corpus Christi RR'C TIOZY OF! ACTIT—TTY: Manpower Administration Office (1) AL`; f_ COST: (2) (3) WAGES: TPUADIRIG: PRE?'= BZ?r=—lTS: AI-TOVABCES: SERVICES: TOTAL IT A0K:-'TI9'ERz--TI-1,7E COSTS z. S-Z=- COSTS- 96 .308 b. FR12:0- 15,891 c OFFICE SUPPLIES.- 2,400 d. P .LTO'I: e. -kCCOLP-L-,.G SYS=--A: Professional Accounting Services 18,000 sysmm. g. STM- S=CES COLRICIL: r/ h. PP3,3 S?-.Z,-SOR PL--ky-[r.rG r,,r�XCM- Car Allowance - $3,960 9,536 Operational Travel -5,576 J. $625 mo. X 12 mos. (including staff parking - space) �7,500 k. UTILi-L--F-,S 1. CUSTODIP—l' S'E'TjIjCM,-. m- PIDIREC-i COSTS: 32. ST A r T--UND-.,G: O. TE-CEMC-AL PZSISTAACE: P- Minor Office Equipment 200 q. x- CA--P-TT.A-r s. PU3T---, CATIONS: t. AUDIT SERVICES; 40,000 Postage $780 u- OT`- Telephone - $2,160 2,940 v- 0 TIE =-. : (Soecify) Xerox - $3.,240 3,240 W. CUER: (Specify) Equipment Maintenance '350 x. OT-HE-R: (ST-ecify) Printing & Advertising 1,400 TOTAL --$-197,765 • P- OTfL (1) Administrative Costs, Cont. FPr,iGE 13MM71TS: a. Amuall Leave: b. Sits Leave: C. Court Leave: d. Military Leave: e. FICA: 5,544 i. Life Ir<stsance: g. Health Insurance: Group. Insurance 1,650 h. Uae_*.-jlo,,m±nt Insurance' i. I70rk? en's CnnPensation: 2,918 J. Retirement Mene.-its: TMRS 5,331 k. Other: (Spee:Lfy) General Liability 448 1. Other: (SPecii -Y) �T SUB TOTAj 15,891 I - - cnrx Try SiTPP03T BUDGET I ratrtan r1r6Z . rr�z r ro ra r_, ..o �> a at3� . ..Ow -, + ++x �>•a T Manpower Training Coord.l 8 8.28 1 1 288 2 2080 5 52 1 100 % 1 15,OOC Manpower Planner 5 5.89 2 235.67 # # 2080 5 52 1 100% { { 12,255 Asst. Manpower Planner 5 5.21 - 2 208.50 2 2080 52 4 0 8t2l Asst. Manpower Planner 4 4.97 1 198.69 2 2080 5 52 47110:0 0 3 Manpower Mgt. Specialist 5 5.19 2 207.51 2 2080 1 5 52 1 Administrative Asst. I 4 4.49 1 1 179.50 2 2080 5 52 1 10,791 9,334 Management Information 4 4.47 1 178.96 2 2080 5 52 I 11100% 9 9.306 Sr. Clerk Steno I 1 1 3.34 1 133.69 2 2080 5 52 1 1 007 6 6,952 Sr. Clerk Typist 2 2.94 1 117.73' 2 2080 5 52 1 1007 61122' C Clerk Typist 2 2.58 1 103.34 2 2080' 5 52 0 00% 1 j 6 TOTAL 3T ?ti 7MIT - - Tom" $ - U. Ra RAT"". a0, IJf - O.ST.F T FT. /:*O. U33 USING U3: ANCOAr . ?_�I _Office Space 1711 1 36.5j 12 1 10 100% $7,500 S. Tc. 7r ............................... 1 I T07 - ._: = �� • n $7,500 2 MANPOWER ADMINISTRATION OFFICE MANAGEMENT AND ADMINISTRATION PLAN The Coastal Bend Manpower Consortium agreement authorized and established the City of Corpus Christi as the administrative unit of the Consortium. Under this arrangement the administrative unit is responsible for the administration of manpower programs funded under Titles I, II, III, and VI of the Comprehensive Employment and Training Act of 1973. The Manpower Administration Office, under the authority of the administrative unit, is responsible for negotiating all contracts and subcontracts and after the program is implemented, it is responsible for contract counseling and com- pliance, the management information system, and financial reporting. The Manpower Administration Office is also responsible for planning and program design, monitoring and assessment procedures, personnel standards, and in- service training and technical assistance. The internal administrative controls including the accounting system is in accordance with established policies and criteria of the City of Corpus Christi as the administrative unit responsible for the operation of the program. Personnel standards of the City of Corpus Christi which meet Equal Employment Opportunity criteria are used in employing and monitoring the performance of staff members who are in the Manpower Administration and in any other program directly operated by the City of Corpus Christi. All contracts and subcontracts are required to meet Equal Employment Opportunity criteria. They are also required to perform evaluations on their staff. The evaluation procedures of all activities will be done on a scheduled basis to ensure that all activities will perform efficiently according to all CETA regulations. Monitoring of all activities will be done by the Manpower Administration. Any data collected on monitoring reports will first be furnished to the Advisory Committee or the Executive Board according to need and requirements i s at the time. Federal and State monitoring visits will be coordinated through the Manpower Administration Office in order to provide coordinated monitoring which will be done on local activities. Since one of the primary objectives of the Manpower Program is placement in unsubsidized employment, the Manpower Administration Office will monitor contractors to insure that they verify placements as stipulated in their contracts. Verification of placements can be accomplished through contact with employers and /or applicant, follow -up, counseling, etc. Technical assistance on the administration and programmatic activities will be provided by the Manpower Administration Office. The in- service training will be a combined effort in all manpower activities. Training sessions will be scheduled to assist program coordinators in the development of their staffs. National, State, or local agencies that can provide in- service training will be asked to assist in the development of staff. The administration of programs through CETA is graphically illustrated in the manpower organizational chart on page 4. The Coastal Bend Consortium will have an advisory body composed of 22 individuals. The Manpower Administration Office has the responsibility of compliance, financial management, information systems, research, program assessment and design, coordination, property control, and program evaluation. A11 contractors under CETA will be monitored by the Manpower Administration Office. /I • N STAFFING CHART - CENTRAL ADMINISTRATION ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The applicant assures and certifies that: a. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P. L. 93 -203, 87 Stat. 839 and P. L. 93 -567, 88 Stat. 1843), hereinafter referred to as the Act, and wit4 the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circular (FMC) 7-4=4 'and 74 -7, as those circulars relate to the utilization'of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. 2. The applicant further assures and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the Assistant Regional Director t for Manpower (ARDM) within 30 days after promulgation of the - amendments or revision that it cannot so conform, so that - the ARDM may take appropriate action includ ng'termin =tion, if necessary. i In aad;tinn to the requircnicnts of 1 and 2 above and co silt aL i with'the regulations issued pursuant to the Ac$, the applicant _ makes the following further assurances and certifications: a, It possesses legal authority to apply for the grant; a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infor- mation as may be required; F1 • b. It will comply with Title VI of the Civil Rights Acts of 1964, (P. L. 88-35 4), and in accordance with Title VI of the Act no person in the United States shall an the ground of race, color, sex, or national origin, be excluded from participation, in, be denied the benefits or, or be otherwise subjected to discrimination under any program or activity for which the . applicant receives Federal financial assistance, and the grantee will immediately take any measures necessary to effectuate this assurance. c_ It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination cohere (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. d. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). e. It will comply with the requirements of the provisions of the- Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91 -646 and FMC 74 -7 issued thereunder) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs, f. It will comply -with the provisions of the Flatc i Act which limit the political activity of employees. g. It will comply with the requirement that no program under - the Act shall involve political activities (section 710). h. It will establish safeguards to prohibit employees frorrs usiag. their pdsitions for a purpose that is or gives the appearance of being motivated by desire for private gaia for themselves or others, particularly those with whom they have fa=ily; business or other ties (section 702(a)). i. It will give the Department of Labor and the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant (section 713(2))_ r j. Participants in the program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicaub (section 703(4)). m. Provision of appropriate workman's compensation to all partic- •ipants in on- the -job training, work experience or public service employment activities and appropriate insurance for all partic- ipants in classroom traiaing,'services to clients, or other activities (section 703(6)). n. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). _- o. 'Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). p. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become economically self - sufficient (sections 703(9), 105(a)(6)). - g. Institutional skill training and training on tics job shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable, expectation for employment (section 703(10)). r. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under the eligible applicant`s grant (sec. 703(11)). • S. It will submit reports as required by the 9eci-etary and will maintain records and provide access to then as necessary for the Secretary's review to assure that funds are being expended in accordance with ttie purposes and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and lov. income persons for meaningful employment opportunities (sections 703(12) and 31l(c)). t. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13))_ u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provisioa for the manpower needs of youth in the area served (section. 703(15), and will- as! - as! pure tl at: (1) individuals receiving training on the jots shall be compensated by the employer of such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate less than that specified in Section $(:A)(1) of the Fair Labor Standards Act of 1938 or, if higher under the applicable State or local minimum. wage law (section 111(b)). (2) persons employed in public service jobsunder'this Act shall be paid gages which shall not be lower than whichever is the highest of (a) the minimum wage which would be applicable to the employee under the Fair Labor - Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof, (b) the State or local =r-ia.imum wage for the most nearly comparable covered. employment,. or (c) the prevailing rates of pay for persons employed in _ similar public occupations by the same employer (section 208(a)(2)). w. It will comply with the labor standards requirements set out in section 706 of tine Act. _ x_ Services and activities provided under this Act will be administered by or under the supervison of the applicant (sectiors 105(a)(1)(B) and Z05(c)(1)). B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Manpower services, including job develop - .rent, will be provided to those most in need of there including losv income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105 ?a)(1)(D)). 2. Programs of institutional skill training will be designed for occupations in which skill shortages exist (section 10� {a)(b} }. upa 3. The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of.the Act (section 4. It will make such arrangements as are prescribed by reoulatioa to assist the Secretary in carrying out his responsibilities - ..nder secs, 105 and 1GB of the Act (section i05(aj(7) }.: 5. S7ecial consideration will be given to the Hard+ of Piigible - disabled veterans, special veterans, and individuals who served in the Armed Forces and who`recesve other than a dishonorable discharge within 4 years before the date of their application. Each prime sponsor in selecting participants for programs funded under Title I of the Act,- shall take into - consideration the extent that such veterans are available in the area. Specific effort should be• made to develop appro- priate full or part -tine opportunities for such veterans. The prime sponsor should utilize the assistance of the States = and local veterans employment service representatives is formulating its program objectives_ On a continuing and timely basis, information on job vacancies and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating-information to eligible veterans (,ection 104(b) of Emergency Sobs and Un- employment Assitance Act of 1974). a,. 2 .G. Additional Assurances Relating to Public Service Emvlo;rmcnt P.roizr.ams For public service employment activity, the applicant further assures and certifies tat: 1. Special considc ration will be given to the filling of jobs which provide sufficient proapects for advancement or suitable continued employment by providing complamentary training and manpower services designated to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in public or private sector of the economy (2) provide participants with skills for which there is an anticipated high demand, or (3) provide participants with self- development skills; except w'ne =e exempt under the provisions section 604 o: the Act, provided however that nothing contained in this para .graph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604)_ 2. To the extent feasible, public service jobs shah be provided . in occupational fields which are most like:.y to expand within the public or private sector as the unemployment rate recedes, except where exempt under Section 604 of the Act {sections 205 (c)(6) and 604)_ 3. Special consideration in filling transitional public service jobs will be given to unemployed pe-sor_s who are the most severely disadvantage in terms of the length of time they have been unemployed without assistance, but such special consideration, shall not authorize the hiring o`- any person is on lay -off from the same or any substautiaiiy equivalent juls (scc Lion 2u5(c }(i) }_ 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating _ the employment of any other regular employee not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the Act {section 205(c)(8 )}. 5. Due consideration will be given to persons who have participated. in manpower training programs for whom employment opportunities would not be otherwise immediately available ( section Z05(c)(9)). 6. Periodic review procedures established pursuant to section Z07(a) -- - of the Act will be complied with (section: Z05(c)(17)). i attd insti uti��!is to vrhom financial as sistance is made q Agencies vriicrc wailabie under this title 1:ave undurtaken or will underta _c, rl, descriptions and rrevaluations ui'ements at all atlalyses of j revisions of qualification req uirements shown necessary' r including civil service ` ith regulations levels of erpiovmen.. in accordance elatin5 thereto, ar d rerreoving and practices y acretary, with a view to :v wham it is prescribed by the S. } I;c emp!GVnient those barrie; s J% t j�.- Pction artificial of the Act to asses. (S the purpose �in,�ageS with it will maintain or provide he, ma 1po.rer programs for tree purpose of 8. where appropriate. ed in public service jobs who upgrading and o` persons employ a those pe in the same or. similar (1} providing ermanent, upwardly want to pursue wor4 with the e'npl °Ye to find p ersons with opportunities ties to do nd (2) providing those p work, in gnat field, rmanent careers in mo�ile careers Pursue Pe for, and obtain- olo, ed who do r_at wish top so em. . With opportunities to seek, Prepare 601). such field. 2p5(c)(19) and Work in otter fields (sections contribute rare w�� to the maXimu.r extent employment and 9. The grog o ortuaities for the dis- to the elimination' f are nc i- 1- -diner pp emo �3`m occupational advancem advantaged (Section 205ic)(21)). the program. will than one °third of the participants in. (as Such term 19. Not more nloyed a bona fide professional cap ty 13 afid of the Fair Labor Sta'tdards Act the case be ere _ licable in is used in section ( era h shall not be asp and the ecretary 1938), except that dosed asaclassroom teachers,t Ces (jectian 205 Of Participants en"p y tiuw. circums may waive u�is limitatioll ul excep ic)(22))' ..,runents and agencies equitably to local lc persons within their" 11. Jobs will be allocated e4 envies (section 205(c)(23) }: - - number i taking° into account the needs of the agencies Y jurisdictions and then on the job categarY m no 1Vay infringe uP ilable 12. The jobs in each j which would other%' obs of sub- - romotional opportunities sblic service p employed in p' job �villbe filled to persons currently and assure that no j Job category o 1ized under the Act and wining an entry level position in each 3 ve bare in other than ersonnel procedures and cOL 20 Cc)(24)). ntil applicable p oinplied with tsectian u agreernents have been c would be funded by the sponsor -- 2()5(c)(25))- 13. 'Jobs are in addition to those that in the absence of assistance under the Act (section ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully authorized. (LEGAL NAME OF APPLICANT) (SIGNATURE OF AUTHORIZED OFFICER) (TYPED NAME AND TITLE OF AUTHORIZED OFFICER) (ADDRESS) (DATE OF APPLICATION) i� i 0 SPECIAL CLAUSES TABLE OF CGNTENTS 1. CHANGES ................... ...........................Page 1 2. NONDISCRIMINATION......... . ..........................Page 2 3. CHILD LABOR ............... ...........................Page 2 4. EQUAL OPPORTUNITY CLAUSE .. ...........................Page 3 5. TRAINEE OR ENROLLEE WAGES . ...........................Page 4 6. TERMINATION OF TRAINEES OR ENROLLEES .................Page k T. TERMINATION ............... ...........................Page 5 8. TERMINATION FOR CONVENIENCE ..........................Page 10 9. CONSTRUCTION AND BUILDING REHABILITATION .............Page 12 10. LISTING OF EMPLOYMENT OPENINGS .......................Page 13 11. DEVIATIONS ................ ...........................Page 15 12. DISPUTES .................. ...........................Page 16 13. SUBCONTRACTING ............. ...........................Page 16 14. COURT ACTIONS ............. ...........................Page 16 15. ORDER OF PRECEDENCE ....... ...........................Page 17 16. MOTIONS OF EXECUTIVE BOARD ...........................Page 18 C I • SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor /Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. I£ any change under this clause causes an increase or decrease in the Contractor 's /SubgranteeIs cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee Is claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. J 6 s f. No claim by the Contractor /Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the cla se 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 /Subgrantee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCET4MATION 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, retirement 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, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. i i 4. EQUAL OPPORTLPNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's comnAtments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion classes of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized s in Executive Order 11246 of September 24, 1965, and such other sanctions may-be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor -will include the provisions of p-:ragraphs (1) through (7) in every subcontract or purchase order unles exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vend as a result of such direction by the contracting agency, the con tractor may request the United States to enter into such litigat a to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly vages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. ".'he minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item dumber 1 above. 6. TERMINATION OF TRAINEES OR ENROLLEES Trainees or enrollees will not be terminated without prior notice to the trainee or enrollee and reasonable opportunity for corrections or improvement of performance and consultation with the Contracting Officer by the training facility for substandard or unsatisfactory progress or conduct. Termination of trainees or enrollees will be governed by disciplinary and grievance pro- cedures approved by the Contracting Officer or his duly authorized representa- tive: Provided, That in training facilities operating under a collective bargaining agreement, disciplinary and grievance procedures provided in such an agreement and applicable to trainees or enrollees covered by this contract, shall govern. (8) Clete performance of such part of the w have been texm;,uated by the 170tice of Te work as shall rmination; and (9) Take such action as may be necessary, Sponsor's Contracting Officer tion MV direct °o ec the pr;__ , or may sic of rty related to this contract /sub Protection and nreserva_ he Contractor /Subgrantee and in which the Primesgpn, tar has Po may acquire as interest. The Contractor /Subs antee shall h the abovefp}�lygations not thstandi Immediately with the the amount o PerPn ,e At an fee, or any item of reimbursable in determining or a Y t1� after expiration of the ursable cost, under this adjusting Subpart 1-5.1 of the Federal Procurement Regulati n period, as defined in the definition MV be amended from t Regulations may submit (41 CFR I -8.1), as Previoyslyy land 4 ime,Sofnanyror Contracting officer Ca list tocertifialte been di f3 Posed of, of of termination invento d or authorized °P items the disposition of which has may request the b3' the Prime Sponsor's Contracting agreement covering Sponsor to remove such items or enter ytofficer, and Prime Sponsor will them. ccept Not later than fifteen (15) d a storage agreement covering such items and remove them 's thereafter, the subject to in8 the same: provided em or enter into a storage Provided, by the Prime S' That list submitted shall be removal of the items or, if the it p °nsor s Contracting officer upon days from the date of sub ems are stored, within fort to correct the mi'ssi°a of the list, and forty—five (45) list as submitted shall be made any necessary Prior to fin settlement. C* After receipt � settlement. grantee shall submit of a Notice of Termination the Contract tion emi to the Prime gponsor,a Contracting °Z /Sub' claim on the form and with the certification Officer Sponsor's Contracting his termina- in no event later. than0onecer. Such claim s Prescribed by the Prime unless one Year from the effectivebd submitted promptly but Contracting or more extensions in writing are ate of terms g Officer upon re granted b nation, writing within such one_ quest of the Contractor /SubY the Prime Sponsor's However, if the P year Period or authorized extension thereof. thereof. fact at fy suchlaction,shers Contracting Officer determines J us ti claim any t� may receive and act a that the UpUpon failure of e afte trucho one-year period of won any such er any extension thereopnation to any review time allowed, the Prime Sponsor's submit termination eZ P s Contractin t date of exe utre required by the contracting agencyrs a Officer may, subject of information his contract /subgrant Procedures in effect available to him, the > determine, on the as °f the Subgrantee by reason for the termination amount basis of Contractor ' if �Y, due to the Contractor/ �Subgrantee the and shall thereupon determined. pay to the P� d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /sub grant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion o' work pursuant to this clause. The contract / suogrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. Yn the event of the failure of the Contractor /Subgrantee and the Prime Spu=r's Contracting Officer to agree in whole or in part, as pro- vided in ragraph (d) , as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract / subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract / subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Coat ractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) 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 / subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractor's/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee Payable under the contract / subgrant determined as follows: s I 7. T MMINATION a. The performance of work under the contract / subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor / Subgrantee shall default in per- formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor / Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery, to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor / Subgrantee or for the convenience of the Prime Sponsor, the 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 Is 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 that 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 and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina- tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be 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 manner, at the times, and to the extent directed by the Prime Sponsor's Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract /subgrant had been completed, would be required to be furnished to the Prime Sponsor, and (iii) the jigs, dies, and fixtures, and other special tools and tooling acquired, or manufactured for the performance of this contract /subgrant for the cost of which the Contractor /Subgrantee has been or will be reimbursed under this contract /subgrant. (7) Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Prime Sponsor's Contracting Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor /Subgrantee (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to the Con - tractor/Subgrantee under this contract /subgrant or shall otherwise be creditec. 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; 1 (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor / Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the 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 clr.im 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) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor / Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor / Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor / Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor / Subgrantee or sold pur- suant to the provisions of this clause and not otherwise relivered by or credited to the Prime Sponsor. (h) In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the contract/ sub grant shall be equitably adjusted by agreement between the Contractor / Suograntee and the Prime Sponsor's Contracting Officer, and such adjustment shall be evidenced by an amendment to this contract /sub- -rant. (i) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of the contract /subgrant whenever in the opinion of the Prime Sponsor's Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor /Subgrantee will be 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 /Suograntee's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract/ subgrant does not provide for payment of a fee. 8. TER'4CiTATIOiT FOR CONMTIENCE 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 ornenever 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- formance 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/ Subgrant e e 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 i • the cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and interest of the Contractor/ Subgrant ee under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more 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 Contract or/Subgrant ee 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, FIMM FEE, AND 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 Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree 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, which amount or mounts may include any reasonable cancellation charges thereby 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, the Contractor/ Subgrantee shall have exercised reasonable diligence to divert such commi.tnents 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. (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor /Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph 1G, applicable to construction procurement. I 10. LISTIPIG OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and, veterans of the Vietnam era, that all suitable employment openings of the contractor which exist at the time of the execution e_ this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affili- ates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such repo= -:s to such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to,this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic•.-ar group of job applicants, and nothing herein is intended to relieve the Contrac=:,r from any requirements in any statutes, Executive orders, or regulations regar '_=g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly wi_h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Such reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 dy:s after the end of each reporting period wherein any performance is made under t`s contract. Te Contractor shall maintain copies of the reports submitted until =e expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Con�racting Officer of of the Secretary of Labor. (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such esta_- lishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (e) This chase doers not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office;_laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment Of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- 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 be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (k) 'Openings which the Contractor proposes * * * to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. - (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 nercentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. 12. DISPUTES a. Except as otherwise provided is the contract /subgrant, any dispute concerning a question of fact arising under this contract /subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy, thereof to the Contract or/Subgrant ee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor/ Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed as making final the decision of any 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 mazy, in his discretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 1 4 (6) "Veteran of the Vietnam era" means a aerson (A) who (i) served on active duty with tha Armed Forces for a period of more than 180 days, a ^.y part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,.or (ii) was discharged or released from active dut7:for e3'$isab3lity if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or ani, first -tier subcontractor) has failed or refuses to comply ':th the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the tern of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations-where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the 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 `4aapower, 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. June 2, 1975 7. MOTION: That no contractor exceed 17% for administrative cost. 8. AMENDMENT TO MOTION #4 (6- 17 -74): That all out -of -area travel for any program have clearance by the staff. • • AVAILABILITY OF FUNDS CLAUSE The prime sponsor's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the prime sponsor for payment of any money shall arise unless and until funds are made available to the prime sponsor for this procurement and notice of such availability, to be confirmed in writing by the prime sponsor's Contracting Officer, is given to the contractor. This request does not commit the prime sponsor to pay for costs incurred in the submission of a proposal or for any costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the prime sponsor's Contracting Officer. • CERTLFICAYION FOR CASH DEPOSITORIES P11 74 -7 ATTAC;L�EENT A - Paragraph 3 The undersigned hereby certify that: "Any noneys advanced to the State or local governments which are determined to be public moneys (owned by the Federal Government) must be deposited in a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 B.S.C. 265. Bank Name Name (Signature) (Signature) (Date) (Date) (Type Name) (Type Name) (Title) (Title) HANDLED THE SAME AS THE AD11NISTRATIVE WIT • AGREM ENT FOR SPECIAL BANK ACCOUNT The hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and a banking corporation located at ' 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 contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the " Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /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 contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any, action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent 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. • BANK All moneys deposited in the Special 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. :'vA';DLED Ti,.' 3A;L AS TFE AD : -T'I3TRATIVE UNTIT NAME USE -=4- -, oasea upon estimated maximum bank balance, (excludi FDIC coverage of $40,000, is DATE S TYPE USE • EZA'DLED TIIE SA %LF AS THE ADiIINISTR&TIVE WIT CERTIFICATION OF ACCOUNTABILITY • Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary inforation, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chie Financial Officer QChem if one has not been appointed or designated. directly maintained by you? Q Yes Q No (If No, who will maintain the account- ing system? Name and Address 3. Are you Familiar with the Department of Labor Audit Requirements? Q Yes [71 No 4. Description of your. Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Nam-2 and Title of Authorized Official Telephone No. and Area Code Signature Date of Execution • J BONDING REQUIREMENTS 1. List of persons authorized to sign checks or withdraw funds from the Special Bank Account. 2. Copy of Bond covering those persons. ** HANDLED THE SAME AS THE ADMINISTRATIVE UNIT • INSURANCE RE IIIRIIWTS Copy of workmen's compensation policy including persons covered or similar type of insurance for same purpose. • is VA--- CORPUS CHRISTI, TEXAS _? S�DAY OF . 19�� TO THE MEN3ERS OF THE CITY COUNCIL ir COPPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC ENE RG[NCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THt 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PA33 THIS ORDI- NANCE FINALLY ON THE DATE IT 13 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR 40, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASE3 RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FZLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASE3 RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE