HomeMy WebLinkAbout13003 ORD - 02/04/1976vp:2/3/76 - - - -- -- - - --
T
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY,
AS ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER
CONSORTIUM, A CETA TITLE I CONTRACT WITH HIALCO NEIGH-
BORHOOD CENTER IN THE AMOUNT OF $52,000 FOR JOB PLACE-
MENT, AS MORE FULLY OUTLINED AND SET FORTH IN THE
CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ";
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED
AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE AFORESAID PROJECT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute for the City, as administrative unit of the Coastal Bend Manpower
Consortium, a CETA Title I contract with HIALCO Neighborhood Center in the
amount of $52,000 for job placement, as more fully outlined and set forth
in the contract, a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A ".
SECTION 2. That the City Manager be and he is hereby authorized
to execute all related and necessary documents for the implementation and
administration of the aforesaid project.
SECTION 3. The necessity to authorize execution of the aforesaid
contract and any and all related and necessary documents for the implementa-
tion and administration of the aforesaid project creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date
of its introduction but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
Of its introduction and take effect and be in full force and effect �from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the j4
of February, 1976.
ATTEST:
eity�� ary MAY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
3___2A FEBRUARY, 1976:
mac. Asst, C ty Attorney 13003
CONTRACT SIGNATURE SHEET
PRE RE SPONSOR: CONTRACTOR: V
Coastal Bend Manpower Consortium HIALCO Neighborhood Organization
C C P. 0. Boa 9277 1114 Sam Rankin St.
Corpus Christi, T% 78408 Corpus Christi, TX
COASTAL BEND KANPOffER
This contract is entered into by the Administrative Unit of the Coastal Bend Manpower
Consortium, hereinafter referred to as Prime Sponsor and HLALCO Neighborhood Organize ion ,
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 49 pages, including this page,
and such other provisions and documents as are included herein.
The Contractor hereby agrees that he has read this Contract and will abide by all terms
specified herein and also certifies that the information in this Contract is correct to the
best of his knowledge and belief and this Contract has been fully authorized. Funds hereby
being obligated are subject to the availability clause.
A. CONTRACT PERIOD
This Contract covers the period (date) from January 1. 1976 tojnne In, 1976
B. OBLIGATION
Total CETA funds obligated by the Prime Sponsor are $ 97_T nn_nn
C 1. Funds carried in from previous program year are $
2. New funds obligated are $ s2 nnn_nn
3. (For Modification use only) This Action N/A the total CETA funds
obligated for this Contract by $ N/A to (new level) $ N/A
APPROVED FOR THE PRIME SPONSOR: APPROVED FOR THE CONTRACTOR:
DAY OF , 1976 DAY OF n. —1,e; , 1976
BY: 8 /
R. Marvin Townsend, City Manager Si Lure ot'4-1�
BY: TAMFC TTAr=U
Jason Luby, Mayor Name and Title
BOARD CHATRMAN
ATTEST: APPROVED:
DAY OF , 1976
City Secretary Date
APPROVED:
DAY OF , 1976 City Attorney
Director of Finance
CETA- January, 1976
'
•• •
U.S. DUPARTMENT OF LABOR •
GRANTEE'S NAME AND ADDRESS
HIALCO Neighborhood
htonpower Adminhire,7
b. GRANT NUMOER
Organization Incorporated
'•CLTA PROCRAAI PLANNING SUMMARY
1114 Sam Rdnkin Street •
]. Non.
C. PLANNED
mncD,
Corpus Christi, Texas
M GRANT YEAR
From
d. TYPE OF PROGRAM
Ovar
'
I
To
Y
V une ' 30 a 1976.
1. 29TItla 1 7.0 Title III specify
`i.
FOR REGIONAL OFFICE USE ONLY
"'
MOD. DATE
INSTRUCTIONS FOIL COMPLETING
Sea it A (Total EnroOmems) 11 the sum of A.1 and A.2.
❑ Title R• a. E. Titir VI
SECTIONS 1, 11, AND lit
O (ToWI Tetlninatiena) is the mm of B.1
'
0 9
CONTRACT KEY
G 1
1 2
u through
? S•3.. C (Planned EruoUmenle) Is A minus B.
='jl
c d
d$
Fd
ti
1j
See. tit Enter In line (a) l:nrollmenlr In each program atUvhy cumulatively through the pant year. and In line
(b) the number
•c
, c
c`
n
g a
a r 2
o
O
1 0
"
o of parilcipanle planned to be enrolled In each program activity at the and of each
quo ter; putle.9m, who are concurrently enrolled N than
7
1�0
150
--
0
1 0
0
10
ruse
DO
VV
% more one aelivtty should be counted In each
activity N which they are enrolled.
2 •
0 10I
JI
]0
al .
'•
91
5fi
of '
8d
Set: 1111 Enter the cumulati,e number of participants to each segment to be enrolled during the }rare year.
a 9
1t
O u
lu I I
u .
7 n
t
o,
Parlidpants should bo counted In as many significant segment groups as are applicable.
1. ENROLLMENT AND TERMINATION SUMMARY
r%AANY Vee o_Tn_n._re: m
'
4 REPORT
O PERIOD
A. TOTA
ENROLL•
L Entail •
2. Partial•
panit CA.W
B. TOTAL
T'Eq MINA-
1• Entering
EmWoyrnn
Direct
2. Omar
]. Non.
C. PLANNED
mncD,
MENTS
manta
nit
Ovar
TION•u
a.
PlCmla.
0. Intllrael
PlCmlb
e. ODlalnotl
CmDtoymm
POfnlva
pOtl{Ive
A1.:ty
fend at awew
I
U 1
0 9
7
G 1
1 2
1j
0
5
0
1 0
"
I0(e
7
1�0
150
0
1 0
0
10
0
0
117:
21 L;2
2 •
20
JI
]0
al .
00' •.
91
5fi
of '
8d
71
70
It. PLANNED ENROLLMENTS IN PRO13RAM ACTIVITIES sV. OTHER ACTIVITIES '
A I B G D- E F IRaforance IIF)
• CLASSnOOra TRAINING On•me•eob Pub. Same tvmx Other
r-- Indicate other activities or species programs on coach•
Alnvl GWmt. Voc. Ea. Tralntn9 FA`�6W.nrant lvnco Aellvittat mun11• Deserl0o their Objectives and Litt 11111attenit • _
U 71 al 7olal EnrGlimen It 0 0 r toward Shoji achievement Isla quantitative or narrative
V I7 OI Carrently C=alltd 0 7 r Presentation,
;a al 7DI,•r Lnrpitn.enta t t 7
;if DI CV.rnnr rm..ert 1 10 31a - - '
Ir al emu Lnrrrn,e;n o v 7
;,.
13 01 Cunrovy Enroued 0G 7 - -
1jS17 7L7T7: 2Aj 7G ]I. 7L• 3' aG' S1 �
III. SIGNIFICA1T SEGMENTS V a• SIONATURE
GRANT YCAR•TO•DATE PLAN _GRANT YCAn•TO•OATE VLAN ames Wagner, Board
S•OrrIPICFNT 9170 12131 ]131 • .1130 SIGNIFICANT a
.rtCh75 SEGMENTS 1(a) 1 to) Jpl an °� hairman ' .
_ lal lot lc) lal IDc) 'let Icl le) b. DATE SIGNED '
fit 7 1 0 F
^t D December 29, 1975
H
SUPPLEMENT TO THE CETA - PPS
I. ( "MBER OF INDIVIDUALS PLANNED
�J BE SERVED, PROGRAM YEAR TO
DATE.
AONTH -YEAR
II. KUMBER OF INDIVIDUALS PLANNED
TO BE ENROLLED AT END OF EACH
MONTH.
III. CUMULATIVE PROJECTED
EXPENDITURES BY MONTI
JULY
AUG.
3EPT..
')CT.
JOV. .
DEC.
SAN. 213
n
8
?EB. 50 individuals
0
3ARCH 75 individuals
0
APRIL 100 individuals
0
RA AAR no
(Af .-*125 individual`s
0 +
V
NNE 150 individuals
0
UTSTRUCTIONS
I. Enter the total planned number of individuals who are planned to be served cumulativ,
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 TPS.
II. Enter the total planned number of individuals who will be in the program covered by
this PPS on the last day of each month. Only individuals who have been declared
eligible for and are receiving services, training, or employment should be counted.
The number in March, June, September, and December should agree with the entries -in
Part 1C of the PPS.
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 PPS.
A. GRANIEE'S NAME AND ADDRESS
U.S. DEPARTMENT OF LABOR
B. GRANT NUMBER
1 12
Manpower Administration
: 21
HTALCO Neighborhood Organization
24 2
48 -1- 610 -10
C. TYPE OF PROGRAM
1114 Sam Rankin St.
BUDGET INFORMATION SUMMARY
Corpus Christi, Texas
11
1. M Title 1 3. E3 Title nl 4. ❑ Title VI
3
2
2. ❑ Title It fspoctfy) .. ...............................
�M D. FOR REGIONAL OFFICE USE ONLY
MOD. DATE li
F
MMT:O Vy
z. ..
�.j�$Rl•
CONTRACT KEY
;x -'. 21
t.l NI
�t 1.a•��W
2pa n
y Ve
S
�j'
ILZ
ug
.S_
QQ
NS
So
E
VU
OZ
5
G
1 2 7
26
3
t
0 3
s s�:
t
24 29 2G 27 26 29 30 '
SUMMARY COST CATEGORIES
- -':
0 6
7
3. Prime Sponsor Obligations
G
3
2G
0
ia•.�1 j 2 ] 4 9 G 7 B 9 SG 11 12 13 14 15 1G 17 38 19 20 21 22 23
E. BUDGET
a. GRANT PROGRAM ESTIMATED UNEXPENDED
FUNCTION OR ACTIVITY b. Federal
FUNDS NEW OR REVISED BUDGET I. TOTAL
G Non - Federal d. Federal e. Non•Federol
—:- . �9_ —�— —
1. huminlatratlonti3
i._Allowanrea
Sr 1YSQBS
j 4. Ft Inge BenefHs
S 1'ralmnq,�`•3�
�"•YFs
^?�
�r
Y�kr�Y
t v
� `��4� 1 ax
'':�� .a kes�.3
a[E t i>
AV"Vi 3Z 3 t4'511
�i� , �� ,.fix: s�€ fs
e Y h,.'.;'s m.
I € x�z
` asta
1 2
3
2G
$17,325
�. �'� ��' � .
�s kws 5 f�1 ,s.=
$17,325
G
2
x
+-
52,000
gst 35
rn 53
62
—
;.
m K x t
"%
F •,.t I r r
2
4
---
1 2
3 26
,'
44
35
L Total$
G
1
�; .��
5 -;.
$52,000
53
$52,000
—� F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES
(For Quarter Ending)
1 12
3
: 21
22 23
24 2
11213
211 2
23124124
11
2
3
2
221231241251
1 2
3
;x -'. 21
22 23
24 25
G
1 2 7
26
3
t
0 3
s s�:
- -':
0 6
7
3. Prime Sponsor Obligations
G
3
2G
0
3
26
$26,000
G
3
25 .
$52, 000
2. Total Projected Expenditures by Program
35
a,>`
3
26 000
�`�
52,000
A. Clatsroorn Training. Prime Sponsor
;.
49
a
4
za::
4
,'
44
b. On•theJob Training
b.a _
53
�; .��
5 -;.
53
s;
53
c. Public Sereiea Employment
�:
62
(; T
62 •
..:,,, ,`
62
v T
62
d. Work Experience
•??
71
&•,T�'x•
71
•2
71
ej=
71
a. Services to Participants
1 2
3
26
1 2
3 26
1
3
28
1 2
3
26
G
4
G
4
G
4
G-
4
1. Other Acifellim
' 3 ;5
35
¢+ +n;
35
&, ;,Yy
35
1..
35
3• Projected Expenditures for Vocational Ed.
In Special Grants to Governor
44s'
44
q
44
4. Projected Expenditures of Pion -Fed. Funds
5. Other Fed. Funds. Clot in Prime Span. Grant
`�
r'
53
62
i:.`;
S3
621
�. ,'x
53
621
"'<
53
62
6. Grand Total • Protected Expenditures
s ?`
71
„>-
71f
1_P,11
7 1'
7l
1 52 000
•
PROJECT COMPONENT BUDGET
Q TITLE I a TITLE II
NAME OF CONTRACTOR:
Fiscal Year 1976
Modification No. N/A
TITLE III
HIALCO NEIGHBORHOOD ORGANIZATION INC.
FUNCTION OR ACTIVITY:
JOB DEVELOPMENT PROGRAM
BUDGET
APPROVED CHANGES REVISED
BUDGET (+ or -) BUDGET
(1)
ADMINISTRATIVE COST:
(2)
WAGES:
(3)
TRAINING:
(4)
FRINGE BENEFITS:'
(5)
ALLOWANCES:
(6)
SERVICES:
$ 17,325 $ $
34,675
TOTAL $ 52,000 $ $
BACK—UP SUPPORT BUDGETS
(1) ADMINISTRATIVE COSTS
BUDGET
APPROVED
CHANGES REVISED
BUDGET
(+ or —) BUDGET
a. STAFF COSTS: $
7,004.00
$ $
b. FRINGE BENEFITS:
1,051.00
c. CONSUMABLE OFFICE SUPPLIES:
800.00
d. PROGRAM EVALUATION:
e. ACCOUNTING SYSTEM:
f. MANAGEMENT INFORMATION SYSTEM:
g. STATE MANPOWER SERVICES COUNCIL:
N/A
h. PRIME SPONSOR PLANNING COUNCIL:
i. TRAVEL:
3,420.00
J. RENT:
k. UTILITIES:
1. CUSTODIAL SERVICES: (supplies only)
250.00
m. INDIRECT COSTS:
n. STAFF TRAINING:
o. TECHNICAL ASSISTANCE:
p. EQUIPMENT: Typewriters (2)
1,400.00
q. MATERIAL: office furniture: desks,
700.00
chairs
r. CAPITAL IMPROVEMENTS:
s. PUBLICATIONS:
t. AUDIT SERVICES:
u. OTHER: (Specify) Postage
300.00
v. OTHER: (Specify) Telephone
1,200.00
w. OTHER: (Specify) Xerox Copier
1,200.00
x. OTHER: (Specify)
SUB —TOTAL $
17,325.00
$ $
•
BACK —UP SUPPORT BUDGETS
(1) Administrative,-Post
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)
SUB —TOTAL
BUDGET
APPROVED CHANGES REVISED
BUDGET (+ or —) BUDGET
434.00
477.00
140.00
$ 1,051.00 $ $
BACK —UP SUPPORT BUDGET"
(2) WAGES-
a. ON— THE —JOB TRAINING:
b. TRANSITIONAL SUBSIDIZED EMPLOYMENT:
c. OTHER: (Specify)
d. OTHER: (Specify)
(3) TRAINING*
a.
SALARIES.,
b. FRINGE BENEFITS:
c. TUITIONS:
d. ENTRANCE FEES:
e. BOOKS:
f. TEACHER'S AIDES:
g. OTHER: (Specify)
h. OTHER: (Specify)
SUB —TOTAL
SUB —TOTAL
BUDGET
APPROVED CHANGES REVISED
BUDGET (+ or —) BUDGET
$ 0 $ $
0
0
0
$ 0 $ $
n i
0
i
0
0
0
0
0
0
$ 0 $ $
•
(6) SERVICES TO CLIENTS:
BACK -UP SUPPORT BUDGETS
APPROVED
BUDGET
•
BUDGET
CHANGES REVISED
(+ or -) BUDGET
a. CHILD CARE: $ $ $
b. HEALTH CARE:
c. MEDICAL SERVICES:
d. RESIDENTIAL SUPPORT:
e. ASSISTANCE IN SECURING BONDS:
f. FAMILY PLANNING:
g.
OUTREACH:
h. INTAKE AND ASSESSMENT: 4,382.00
i. ORIENTATION:
J. COUNSELING:
k. JOB DEVELOPMENT:Staff costs 28.593.00
(includes: g,h,i,j,l)
1. JOB PLACEMENT:
m. OTHER: (Specify) Video tape equip. 1.700.00
n. OTHER: (Specify)
o. OTHER: (Specify)
SUB -TOTAL $ 34,675.00 $ $
TOTAL $ 52,000.00 $ $
BACK -UP SUPPORT BUDGETS
(6) -Services--to Clients
FRINGE BENEFITS
a. ANNUAL LEAVE:
b. SICK LEAVE:
c. COURT LEAVE:
d. MILITARY LEAVE:
e. FICA:
f. LIFE INSURANCE:
g. HEALTH INSURANCE:
h. UMPLOYMENT INSURANCE:
J. WORKMEN'S COMPENSATION:
J. RETIREMENT BENEFITS:
k. OTHER: (Specify)
1. OTHER: (Specify)
SUB —TOTAL
BUDGET
APPROVED CHANGES REVISED
BUDGET (+ or —) BUDGET
1 842 00
824.00
596.00
$__1.262.00 $ $
:7
POSITION TITLE
SALARY PER
NO. UNITS PAID
% OP
TIMC
TO POS.
TOTAL
AMOUNT
Noun
WKIM
HOURS
"XKK■
Counselor /Coordinator
5.77
230.80
40
26
100
6,000.00
sec. /Bookkeeper
3.85
154.00
40
26
100
4,004.00
Job Developer
4.33
173.20
40
26
100
4,503.00
Job Developer
4.33
173.20
40
26
100
4,503.00
-Job Developer
4.33
173.20
40
26
100
4,503.00
Job Developer
4.33
173.20
40
26
100
4,503.00
Follow- up'Counselor
4.56
182.40
40
26
100
4,742.00
Intake /Interviewer
3.85
154.00
40
26
100
4,004.00
TOTAL STA PP TNIS
PRODd r GNP.
TOTALS
$36,762.00
RENT
SQUARE
FEET
RATEBG.
FT. /MO.
MO. IN
USE
NO.STAFP
USING
Z
USE
TOTAL
AMOUNT
e. RENT ........ILA ..................
D. RENT ....... NLA ..................
s. TOTAL
J
PROGRAM 14 MWIVE — TITLE I
(STAm OF WORK)
The specific objective of the HIALCO Job Development Program is to find new job
openings that will provide employment for the poor and disadvantaged people and also
stimulating the creation of new jobs and the improvement of existing jobs in the
labor market to- benefit oui disadvantaged citizens.
The program will also include placement services which defined means to place an
individual in a job, primarily in a permanent position. This program will also feature
a totally new concept for this area, the use of a video tape system to prepare some
of our clients for the interview. This system will also assist our staff in preparing
an individual for assuming the proper grooming and posture habits essential to make
a good impression during the interview. Our placement service will also be responsible
for measuring the individual aptitudes, needs and interest to determine skill levels
and the potential for acquiring additional skills needed to participate in vocational
Cor other training programs necessary to obtain employment. .
The final objective of our program is to, when necessary, provide job follow —up
and counseling services for individuals after they have been placed on a job and have
attitudinal problems or bad work habits or any combination thereof.
The H7ALCO Job Developer's Program will attempt to develop a total of 150 new
jobs throughout the area. The referral program will attempt to send a total 150
individuals to places where employment opportunities are likely to be available.
C
Revised June 1975
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 (CETA) of 1973, as amended (P.L..
93 -203, 87 Stat. 839 and P.L. 93 -567, 88 Stat. 1845), herein-
after referred to as the Act, and with the regulations and
policies promulgated thereunder; and
b. It will comply with MM Circular number A -95 and Federal
Management Circulars (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 docu-
ments under the Act.
2. The applicant further assures and certifies that if -the tegulations
(promulgated pursuant to the Act are amended or revised, it shall
\_ comply with them or will notify the Assistant Regional Director
for Manpower (ARUM) within 30 days after promulgation of the amend-
ments or revision that it cannot so conform, so that the ARDM may
take appropriate action including termination, if necessary.
3. In addition to the requirements of 1 and 2 above and consistent
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 resolu-
tion. motion or similar action has been duly adopted or passed
as an official act of the applicant's governing body, authoriz-
'ing 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 appli-
cant to act in connection with the application and to provide such
additional information as may be required (sections 102(a); 701
(a) (9) and (10).
� C-I
b. It will comply with Title VI of the Civil Rights Acts of
C 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 of, or be other -
wise subjected to discrimination under any program or
activity for which the applicant receives Federal financial
assistance, and the grantee will immediately take any measu-
res 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 W.
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 pro -
gram under the Act- will discriminate with respect to any pro-
gram 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
r. the political activity of employees.
g. It will comply with the requirement that no program under, the
Act shall involve political activities (sociton 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)).
1. 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 relaE-
ed to the grant (section 713(2)).
j. Participants in the program will not be employed on the construc-
tion, 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 train-
( ing 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 workmen's compensation protection to participants
in on- the -job training, work experience, or public service
employment programs under the Act.at the same level and to the
same extent as other employees of the employer who are covered
by a State or industry workmen's compensation - statute; and pro-
vision of workmen's compensation'insurance or medical and acci-
dent insurance for injury or disease resulting from their parti-
cipation to those individuals engaged in any program activity
under the Act, i.e., work experience, on- the -job training,
public service employment, classroom training, services to parti-
cipants, and other activities, where others similarly engaged are
not covered by an applicable workmen's compensation statute
(sections 703 (6) and 208 (4).
n. The program will not result in the displacement of employed work-
ers 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 practi-
cable, be consistent with every individuals fullest capabilities
and lead to employment opportunities which will enable partici-
pants to become economically self - sufficient (sections 703(9)
and 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 supple-
ment, rather than supplant, the level of funds that would other-
wise be available for the planning and administration of programs t
under the eligible applicant's grant (section 703(11)).
s, It will submit reports as.renuired by the Secretary and will maintain
records and provide access to them as necessary for the Seceretary'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.chionically unemployed. and
low 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 partici-
pants (section 703(13)).
u. The program has adequate administrative and accounting controls, per-
sonnel standards,. evaluation procedures, availability of inservice
training and technical assistance. programs, and other policies as
maybe necessary to promote the effective use of funds (section 703
(14)),
v. The program makes appropriate provision for the manpower needs of
youth in.the area served (section 703(15), and will assure 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(a)(1) of the Fair labor Standards Act of 1938 or,
if higher, under the applicable State or local minimum wage law.
Wages in the Commonwealth of Puerto Rico, the Virgin Islands,.
American Samoa, and the Trust Territory of the Pacific Islands
shall be consistent with the Federal, State, or local law other-
, wise applicable (section lll(b).
(2) Persons employed in public service jobs under this Act shall be
paid wages which shall not be lower then 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 ex-
empt under section 13 thereof. Wages in the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, and the Trust
Territory of the Pacific islands-shall be consistent with.the
Federal, State, or. local law otherwise applicable; (b) the State
or local minimum wage for the most nearly comparable covered
employment, or (c) the prevailing rates of pay for persons em-
ployed in similar public occupations by the same employer
(section 208(a)(2)). J
w. It will comply with the labor standards requirements set out in sect -
ion 706 of the Act.
•
x. Services and activities provided under. this Act will be ad-
ministered by or under the supervision of the applicant (sect
Cons 105(a)(1)(3) and 205 (c)(1)).
B. Addikionel Assurances for Title 1 programs
In encrying out programs under Title.l of the Act, the applicant
assures and certifies that;
1, 11anpower services, including job development, will be provided
to those most in need of them including lass income persons and
persons of limited English- speaking ability, and that the need for
continued funding of programs of demonstrated effectiveness is coa
oidered in serving such persons (section 105 (a) (1)(D)).
2, programs of institutional skill training will be designed for oc -.
cupations in which skill shortages exist (section 105(a)(b)).
3, The plan meets all the requirements of section 105(a) and the appli-
cant,will comply with all.pravisions of the Act (section 105(b)).
4. It will make such arrangements as are prescribed by regulations to
aasiat the Secretary.in carrying out his responsibilities under sec-
tions 105 and 108 of the Act (section 105(a)(7)).
C5, BPecial consideration will be given to the needs of eligible dis-
abled veterans, special veterans, end veterans 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
pponeor in selecting participants for programs funded under Title
1 of the Act, shall take into consideration the extent that such
veterans are available in the area. Specific effort should be made
to develop appropriate full or part -time opportunities for such
terans e s or
should utilize the assistance of the State
e
. The rim P�
V
P
and local veterans employment service representative-in formulating
its program objectives..
•
0n a continuing and timely basis, information on job'vacancies and
training opportunities funded under Title 1 of the Act shall.be-
provided to the state and local veterans employment service - repre- `
pentative for the purpose of disseminating information to eligible
veterans (sections 205.(c)(5)3 205(c)(26), and 104(b) of emergency
fobs and Unemployment Assitance. Act of 1974).
i
i
l
1
C•dditional Assurances Relating to Public Service Employment Programs i
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 participants with skills 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 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 shall be provided
in occup4tl9na1 fields which are most likely to expand within
the public 9r private sector as the unemployment rate recedes,'
except where exempt under Section 604 of the Act (sections 205
(c)(6) "and 404).
3. Special consideration in filling transitional public 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 spatial consideration
( shall not authorize the hiring of any person when any other
person is on lay -off from the same or any substantially equivalent
job (section 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 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)).
7. Agencies and institutions to whom financial assistance is made
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 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 of those whom it is
the purpose of the Act of assist (section 205(.)(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 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(.)(19) and 604).
9.' The program will, to the maximum extent feasible, contribute
to the elimination of artificial barriers to employment and
occupational advancement, including opportunities for the dis-
advantaged (section 205(.)(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 this Limitation in exceptional circumstances (section 205
(c)(22)).
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(.)(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(.)(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)).
C
D. Additional Assurances for Title 11 Programs. All assur-
ances in C above apply to activities funded under Title 11.
In.addition, the applicant.will assure that: (1) Only
persons residing within the areas of substantial unemploy-
went qualifying for assistance will be hired to fill jobs
created under Title 11 of the Act and the public services
provided by such jobs shall, to the extent feasible, be
designed to benefit the residents of such areas (section
205(c)(3)).
(2) All persons employed under any program, other than
necessary technical, supervisory, and administrative
personnel, will be selected from among unemployed and
underemployed persons (section 205(c)(20)).
(3) Special consideration shall be given to eligible
disabled veterans special veterans, and veterans who
served in the Armed Forces and who received other than a.
dishonorable discharge within four years before the data
of their application. Each eligible applicant selecting
participants for programs funded under Title it of the Act,
shall take into consideration the extent that such veterans
are available in the area. 'Specific effort should be made
to develop appropriate full or part -time opportunities for
such veterans. In order to insure special consideration
for veterans, all public service employment vacancies
under Title 11, except those to which former employees are
being recalled, must be listed with the state employment
service at least 48 hours (excluding Saturdays, Sundays,
-and holidays) before such vacancies are filled. During
this period, the employment service will refer those
veterans specified above. If sufficient numbers of vet-
erans are not available, the employment service, upon
request, may also refer members of other significant seg-
ments. All other applicants are to be referred after the
48 -hour period (section 205(c)(5)). The eligible applicant
should utilize the assistance of state-and local veterans
employment representatives in formulating its program
objectives.
Each eligible applicant shall, on a continuing and timely
basis, provide information on job vacancies and training
opportunities funded under Title 11 of the Act to State
and local veterans employment representatives and to other
veterans organizations for the purpose of disseminating
information to eligible veterans (section 104(b) ,bf
Emergency Jobs and Unemployment Assistance Act of 1974):
E. Additional Assurances for Title V1 Programs. All assur-
ances in C above apply to activities Zunded under Title V1.
In addition the-applicant will assure that:
c"
1. Only persons residing in the area served by the
eligible applicant under Title V1 of the Act will
be hired to fill jobs created under the Act and that
the public services provided by such jobs shall,
to the extent feasible, be designed to benefit the
- residents of such areas except that funds allocated
under Title V1 of the Act (section 603(a)(2)(B)), to
an area of substantial unemployment shall only•bs
used to provide project and program'opportunities
to persons residing in those areas of substantial
unemployment.(sectfon 603(a)(2)).
2. All persons employed under any program, other than
necessary technical, supervisory and administrative
personnel, will be selected from among unemployed
and underemployed persons and that under Title VI
preferred consideration shall be given, to the
maximum extent feasible, 47onsistent with provisions
of the Act, to uneaploy ®d persons who have exhausted
unemployment insurance benefits, to unemployed persons
who are not eligible for unemployment insurance
benefits (except for persons lacking work experience)
and to unemployed persona who have been unemployed
for 15 or more weeks.
F. Special Certification for State Grantees. A State grantee
further ,assures and certifies that it will comply with the
requirements and provisions of section 106 and section 107
of the Act. _
J
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 appl-
ication has been fully authorized.
HTALCO NEIGHBORHOOD ORGANIZATION Inc. 1314 Sam Rankin Street
--LEMLL NAME OF AP HESS
1 \_ James Wagner, Board Chairman December 30 1975
-TYPED NAME 6 TITLE OF OF APPLIMT—ION
AUTHORIZED OFFICER
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 Officers which causes
any'such changes ae enumerated in (a) above, shell 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 css,a 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.
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 Goverment con-
tracts, a in —i-im 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. CHID 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. '
EQUAL OPPOMMITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The contractor vi.11 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 aaprenticeship. 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
C 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, 196„ 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
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 lax.
(7) The contractor will include the- prov ons of paragraphs (1) through
(7) in every subcontract or purchase order unleEW 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 sball 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 minirnm 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 TRAJ3EES 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.
�t
7: TE109NATION
•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 shell determine that such termination is in the best interest of
the Prime Sponsor.
Any such termination shall be effected by delivery to the Contractor/
Subgrautee of a Notice of Termination specifying whether termination is
for the default of the Contractor /Subgrentee 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'Te=ination 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
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
(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 shell thereupon parto the
Contractor / Subgrantee the amount so determined.
IE
C
•
d. Subject to the provisions, of paragraph (c), and subject to any
review required by the contracting agency'a 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 terzdna-
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 oS 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 shell proceed as rapidly as practi-
cable to discontinue such costa;
(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 axe properly chargeable to the terminated portion of
the contract / subgrant;
(iii) There shall be included iu the reasonable costs of
settlement, including accounting, legal, clerical, and other expenses
reasonably necessary for the preparation of settlement claims and supporting -
deta 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 Contractorls/
Subgrantee's settlement proposal; and
(iv) There shall be included therein a portion of the fee
Payable under the contract / subgrant determined as follows:
(A) In the event of the termination of this contract/
subgrant for the convenience oi: the Prime Sponsor and not for the default
of the Contractor /Subgrentee, 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 claim within-the time-provided in paragraph (c) above and has failed to
l " request extension of such time, he shall hare* 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
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 any such
excess payment attributable to a reduction in the Contractor 's /Subgrantee'a
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 lien 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
the
cancellation or diversion of his outstanding commitments covering person
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 shell have the right, in its
.discretion, to. settle or pay any or ell 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, FABD FEE, AND PAY-
140T 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 Ccntracting 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
aha1.1 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 shalt 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 haye 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 /Subgrautee 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 N, applicable to construction procurement..
• LISTUTG OF DIPLOYMENT OPENINGS ,
(This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for
S• $2,500 or more.)
(a) The Contractor agrees, in order to provide special emphasis to the
employment of qualified disabled veterans an& veterans of the Vietnam era,
that all suitable e- micyment openings of the contractor which exist at the ti=e
of the execution o. 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 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 th 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 require the hiring of any particular job applicant or from any pa=tic-:.:Lar
group of job applicants, and nothing herein is intended to relieve the Contrac_or
from any requirements i.n any statutes, Executive orders, or regulations regard=g
nondiscrimination in employment.
(c) The reports required by paragraph (a) of this clause shall include, t
not be limited to, periodic reports which shall be filed at least quarterly wi.s
the appropriate local office or, where the.Contractor has more than one establish-
ment im a State, with the central office of the State employment service. Suc*
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 nondisebled
veterans of the Vietnam era. The contractor shall submit a report within 30 dvs
after the end of each reporting period wherein any performance is made under t_-'s
contract. The Contractor shall maintain copies of the reports submitted until ='ne
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) Whenever the Contractor becomes contractually bound by the listing
provisions 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 need
(6) "Veteran of the Vietnam era'' means a person (A) who (i) served
on active duty with fha.Amed Forces for a period of more than 180 days, any
Part of which occurred after August 5, 1964, 'and was discharged or released
therefrom'vith other than a dishonorable discharge,,or (i3) was discharged
or released from active dutr.for 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 dieabled veteran or veteran of the Vietnam era believes that he
Contractor (or any first -tier subcontractor) has failed or refuses to comply w .h
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'
EMloyment 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 lava and regulations applicable thereto.
(i) The Contractor ggrees 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•vhere 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 sucli deviations shill be addressed
to the Assistant Regional Director for Manpower, U.S. Department of Labor,
Federal Building - U.S. Courthouae; 1100.Commerce Street, 7th Floor, Dallas,
Texas 75202, wherein the contract is to be signed, and shall set forth the
reasons for the request.
12. DISPUSS
a. F -cept as otherv=ise provided iA the contract /subgrant, any
dispute concerning a question of fact arising under this contract/subgrant.
which is not disposed of by agreement sha11•be decided by the Prime
1 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/
Subgraai.ee 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 low
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. SUBCONTRACTIM
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. CaM ACTIOM7
The subcontractor agrees to give the Prime Sponsor immediate notice in
writing of any actions or suits filed and prompt notices of any claims
made against the Prime Sponsor, the subcontractor, or any of the parties
involved in the implementation and administration of the CETA'Program.
15. ORDER OF PRECE)RICE
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 Iabor
3. Special Clauses
4. FMC 74-7
5. ' F,r- 74-4
6. The Comprehensive Manpower Plan as stated in the grant as
applicable to each title.
16. Notions passed by the Consortium Executive Board:
June 13, 1974
1. 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. That the maxi=m 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. That each program be allowed 12¢ per mile travel expense.
4. That out -of -area travel for each program not exceed $25 per day.
June 27, 1974
5. ANEMD1.04T TO APPROVED MOTION #3 (6-17-74): That each CETA
employee be allowed a maxi== of 12¢ per mile car allaAance
for all authorized travel.
6. That it is strongly recommended that 50 percent of all
employees of all funded agencies be professional and 50 per-
cent be paraprofessional and delete the part that 50 percent
paraprofessional meet the poverty guidelines.
•
I'
June 2, 1975
7. That no contractor exceed 17% for administrative cost.
8. AMMM. IT TO APPRO`IM MTION ##4 (6- 17 -74): That all out-of-
area travel for any program have clearance by the staff.
July 17, 1975
9. ArMNM V'P TO APPRO rV"D, NATION #5: Allowance of up to 160 per
mile for travel.
•
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 OF ACCOUNTABILITY
CUnder 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 Orgauizatlon or cnzei
Financial Officer
QCheck if one has not been appointed
or designated.
Mr. James Wagner, Chairman
HIALCO Neighborhood'Organization
Incorporated
directly maintained by you?
Q Yes [] No (If No, who will
maintain the account-
ing system?
Name and Address
Mr, Sam-Johnson, Treasurer
HIALCO Neighborhood Organization Inc.
3. Are you YaW.Llar w"' ter_---- -
Yes E] 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.)
CThe HIALCO Neighborhood Organization Incorporated, will hire a
Secretary / Bookeeper who will perform manual accounting and
procedures. It will be the responsibility of the bookeeper to
submit and other financial matters
required.
The Project Coordinator will monitor the program•
payrolllwill'bewkept whe ebyoeachbe ployeey will isign Afor Ctheir f
All P
check.
All accounting records will be maintained and easily available
for review upon a request.
USE CONTINUATION SHEET IF NECESSARY
CERTIFICATION: I certify that to the best of my knowledge and belief this report is
correct and com 7ete Telephone No. anal 43
C. Nam and Title of Authorized Official 512) 884.6191
James Wagner, HI�A�L� (/( ar n,
G� /, Date of Execution
Signature /L
December 29, 1975
I•
•
AUTHORIZATION FOR ADVANCE PAYMENT
CAn initial advance payment to the contractor in the sum of $ 6,499.00
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
1 -
payments without interest is in the public interest.
R
1. As a condition to the making of advance or supplemental payments
under the Contract
between the contractor and the prime sponsor amounts advanced to the
contractor by the prime sponsor shall be deposited in the account
established at the bank, designated as the ' HIALCO JOB DEVELOPER'S
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- •'
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-.-, cr
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 -
meutal 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.
AGREEMM FOR SPECIAL BANK ACCOUNT
•
The HIALCO Neigh. Org. Inc.
hereinafter referred to as the
Contractor; the Administrative Unit
of the Consortium hereafter called the
Prime Sponsor and Corpus Christi
Bank and Trust
a basking corporation located at
pper or roa way
hereinafter referred to as the Bank,
hereby mutually agree-as follows:
1. As a condition to the making of advance or supplemental payments
under the Contract
between the contractor and the prime sponsor amounts advanced to the
contractor by the prime sponsor shall be deposited in the account
established at the bank, designated as the ' HIALCO JOB DEVELOPER'S
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- •'
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-.-, cr
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 -
meutal 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
estimated maximum bank balance, (exrladinj
Corpus Christi Bank & Trust
p
FDIC coverage of $40,000, is
$
SIG DATE
1 -5 -76
TYPE NAYX
Chuck Fuqua
TITLE
istant Cashier
CONTRACTOR USE
ADMINISTRATIVE UNIT
CONTRACTOR'S NAME
IALCO NEIGHBORHOOD ORGANIZATION
SIGNATURE
DATE
SIGNATURE
DATE
�.--
TYPE NAME
—ME. NAME
R. Marvin Townsend
AMES WAGNER
TITLE
TITLE
City Manager
HIALCO BOARD CHAIRMAN
10
r
•
•
CERTIFICATION •
FOR
CASH DEPOSITORIES
FM 74 -7 ATTACiZENT 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 Corpus Christi
Bank and Trust
I
(Signature)
/'-December 29, 1975
(Date) .
James Wagner
(Type Name)
Board Chairman
(Title)
=Sia.t.e)
X
De cember 29 1975
(Date)
William Johnson
(Type Name)
First Vice Chairman
(Title)
C
CORPUS CHRISTI BANK & TRUST IIIMA
December 31, 1975
To Whom It May Concern;
The following names are authorized to deposit and withdraw
funds from the Special Bank Account and this document will become
part of Contract and Agreement for Special Bank Account;
James M. Wagner
William R. Johnson
Sam A. Johnson
i
615 UPPER NORTH BROADWAY • P.O. BOX MG CORPUS CHRISTI. TEXAS 79M 312/884 -"51
R
Fidelity and Deposit Company
BONDING OF MARYLAND INSURANCE
Max D. Scott 701 Wilson Tower Vernon E. Welents
Vice- President Corpus Christi, Texas 78401 Manager
Houston, Texas phone (512) 883 -1581 A. E. Blackburn
Special Representative
January 19, 1976
Hialco Neighborhood Organization, Inc.
1114 Sam Rankin Street
Corpus Christi, Texas
Re: 3D -B Insuring Agreement I
(only) $50,000'.00
Gentlemen:
Please except this letter as binder effective
January 19, 1976 of the above captioned bond.
You will be receiving the policy itself shortly,
via your insurance agent, Swantner & Gordon Agency.
If you have any questions, please contact me.
Yo� rs� truly,
A. E. Blackburn
Special Representative
AEB /st
Authorized: JHT /01/19/76
off _
�! OFFICE OF THE SECRETARY OF STATE
•F
CERTIFICATE OF INCORPORATION
OF
s_ILCR$ST,..AYERS, LEATHERS, AND _.. ..... .....
_
ORGANIZATION, INC.
CHARTER NO. 313461
The undersigned, as Secretary of State of *he S' Iate of Texas, hereby certifies that
duplicate originals of Articles of Incorpo- tior :or cne 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 undersiLmed, as such Secretary of State, and by virtue of
the authority vested in him by law, hereby issues this Certificate of Irrorporation
and attaches hereto a duplicate original of the Articles of Incorporation.
4 w
Dated Qctober 5, _1972 , I9.
e.11 ecretary of State
�7
`i
+AP
Ci3 J
ry`,V avJ
January 16, 1976
In official action taken by the HIALCO Neighborhood Organization,
Incorporated, Board of Directors and by a majority vote of the membership
present this contract is entered into by the Administrative Unit of the
Coastal Bend Manpower Consoritum and the HIALCO Neighborhood Organization,
Incorporated.
The HIALCO Organization agrees to operate a Manpower Services Program
in accordance with the provisions of the contractual agreement signed on
December 29, 1975 by the Board Chairman.
In addition the contractor hereby agrees that he has read the Manpower
contract and will abide by all terms specified therein and certifies that
the information provided to the Coastal Bend Manpower Consoritum by the
HIALCO Organization is correct to the best of his knowledge and belief and
this contract has been fully authorized by this Board of Directors.
Attest:
. w
Vice Chairma .e.o
X i �
ecretary
16 Days of January, 1976
Signature
Board Chairman
I
January 16, 1976
Date
January 16, 1976
Date
r•
0
CORPUS CHRISTI, TEXAS
DAY OF 19 S r
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED' OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAYOR
THE CITY OF CORPUS CHRISTI' TEXAS
THE CHARTER RULE WAS SUSPENDED 67
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASEB
RUTH GILL
BOBGULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOBGULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
VOTE:
VOTE: