Loading...
HomeMy WebLinkAbout13228 ORD - 06/16/1976I:hb6/l4;76:1st , AN ORDINANCE ;1.am_ =` AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY, AS THE COASTAL BEND MANPOWER CONSORTIUM'S ADMINISTRATIVE UNIT, CETA TITLE III CONTRACTS FOR THE 1976 SUMMER PROGRAM WITH THE FOLLOWING AGENCIES: (1) COASTAL BEND YOUTH SERVICES PROGRAM (CCISD) - °$1,300,931 TO PROVIDE WORK EXPERIENCE; (2) TEXAS EMPLOYMENT COMMISSION - $100,000. TO PROVIDE SKILL TRAINING • , (3) JOBS FOR PROGRESS, INC. (SER) - $42,000 TO PROVIDE ON- THE - JOB - TRAINING; (4) MANPOWER ADMINISTRATION - $20,000 TO PROVIDE REQUIRED AUDIT SERVICES; AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MARKED EXHIBITS "A" - "D ", AND MADE A PART HEREOF; THE CITY MANAGER TO EXECUTE ALL. RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROJECTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY°COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute for the City, as the Coastal Bend Manpower Consortium's adminis- trative unit, CETA Title III contracts for the 1976 Summer Program with the following agencies: (1) Coastal Bend Youth Services Program (CCISD), (2) Texas Employment Commission, (3) Jobs For Progress, Inc. (SER), (4) Manpower Administration, all as more fully outlined and set forth in the contracts, substantial copies of which are attached hereto and made a part hereof, marked Exhibit "A" throu gh "D" SECTION 2. That the City Manager be authorized to execute all related and necessary documents for the implementation and administration of the aforesaid projects. SECTION 3. The necessity to authorize the contracts herein- above set out and to authorize execution of all related and necessary documents in order to continue the projects creates a public emergency 13228 3016195) 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, having requested the suspension of ' the Chatter rule and that this ordinance take effect and be in full force and effect from and a r its passage, IT IS ACCORDINGLY SO ORDAINED this the /6 day of , 1976. ATTEST: Ci ecretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: / DAY OF , 1976: J. BRUCE AYCOCK, CI ATTORNEY By Assistant City Attorney M CONTRACT SIGNATURE SHEET r,f jam:: SPONSOR: Coastal Bend Manpower Consortium City of Corpus Christi /302 S. Water Street Corpus Christi, TX 78401 CONTRACTOR: Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78401 ' his contract is entered into by the Administrative Unit of the Coastal Bend Manpower onsortium, hereinafter referred to as Prime Sponsor and the Corpus Christi Ind. Sch. Dist. ereinafter referred to as Contractor. he Contractor agrees to operate a Manpower Services Program in accordance with the revisions of this agreement. This contract consists of 58 ages. including this page, ad such other provisions and documents as are included herein. he Contractor hereby agrees that he has read this Contract and will abide by all terms pecified herein and also certifies that the information in this Contract is correct to the est of his knowledge and belief and this Contract has been fully authorized. Funds hereby eing obligated are subject to the availability clause. . CONTRACT PERIOD This Contract covers the period (date) from 6/1/76 to 9/30/76 . OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 1,300,931 1. Funds carried in from previous program year are $ •287,797 2. New funds obligated are $ 1.013.134 • 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $ to (new level) $ PPROVED FOR THE PRIME SPONSOR: DAY OF , 1976 Y: R. Marvin Townsend, City Manager Y: Ja„ , Mayor APPROVED FOR THE CONTRACTOR: 4th DAY OF June , 1976 BY: Signature Dana Williams, Superintendent Name and Title TTEST: ity Secretary PPROVED: __ DAY OF Date , 1976 irector of Finance _APP_ROO TIED: /5 .DAY OF 914?'f , 1976 6221 City Attorney CETA- January, 1976 Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78401 CETA PROGRAM PLANNING SU3IMIARY FOR REGIONAL OFFICE USE ONLY CONTRACT KEY d a E U c. GRANT YEAR From QMO Z O O 1MM DATE DD vv H O 1 o 112;3 4 6 1011112 I 131 11111ael6IL L.7_L7 2. 23d-23217720 2_'. It 6/1/76 d. TYPE OF PROGRAM . r, /To 1. (] Title I 3.Jr Title Ill Speelly S11Fr 9J30/76 P. 0 Title 11 et. 0 Title VI I7NSTIIUC1 IONS FOR COMPLETING SECTIONS 1, 11, AND III Sec. G A (Total Enrollments) Is the sum of A.I and A.2. D (Total Terminations) is the mm of D.I thro..yn 3.3. C (Planned Enrollments) is A minus 8. Sec, II: Enter in line (a) Enrollments In each program activity cumulatively through the grant year, and In line (b) the number of participants planned to be enrolled in each program activity at the end of each quarter; participants who are concurrently enrolled to more than one activity should be counted In each activity In which they are enrolled. Sec. 111: Enter the cumulative number of participants in each segment to be enrolled during the grant yea. Participants should be counted in as many significant segment groups as arc applicable. I. ENROLLMENT AND TERMINATION SJMMARY GRANT YEAR- TO.GATE PLAN REPORT O PERIOD 51 o :I 01d I. did II I■ 1i21 31 019171 11.2 7 A. TOTAL ENROLL- MENTS 1. Cnenll• meth lhlsj'r. 1 O. TOTAL 2. Partial. Entcrtng pants C'ncd T ERr.11NA- tnyNOYm -+r Over ! TIONS a. Direct Pic mis. b. Indirect Picmts. C. PLANNED 2. Other 3. Non- ENROLLr/E .-r C. Obtained Positive vositive Emalo/mer fend of owlet 1013 7 101671_ 1 2,190 2,190 31 21171232 4425126 -0- 141 51 15 -o- 61 CO -0- 71 26 2,190 II. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES IV. OTHER ACTIVITIES (Reference (IF) Indicate other activities or special programs on aroch• meets. Describe their objectives and list mliottonet i toward their achievement In a quantitative Or narrative pre sentabon. 1 A 1 8 C I 0 E F CLASSROOM TRAIN:NC On- the -Job Training Pub. Sarvko Employment Work Experience Other Ac tivllies himC SDOnt. Vec. Ed. 01 12 a) Total Enrollments 0 1 9 7 f ------- `--- I O 13 01 Currently Enrolled 0 j9 7 Id 12 a) Total Enrollments 112 112 7 7 Id .3 01 Currently Enrolled 111 12 at Total Lnrotl nrcnit 0 3 7 ( �D1 13 b) Currently Enrolled 0 3 7 I�12 a) Total Enrollment, 0 6�7 6 7 2,190 2,190 13 01 Currently Enroned 0 1121 3 21 222 2425 26 31 36 41 46 51 •JI ' M. SIGNIFICANT SEGMENTS V. a. S NATURE f • SIGNIFICANT SEGMENTS GRANT YEAR- TO.DATE PLAN GRANT YEAR-TO-DATE PLAN 9/30 12/31 3/31 6/30 SIGNIFICANT 9/30 12/31 3/31 6/30 to id) SEGMENTS fa) (c) fdl b. DATE SIGNED 6 -4 -76 — ADisadvantaged Y_In� -s ^(Cl L 2,190 F .- -tnl r 6 Youth c C H Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78401 CETA PROGRAM PLANNING SUMMARY C. GRANT YEAR From 6/1/76 To 0/76 El. TYPE OF PROGRAM 1. 0 Title I 3. al Title IIt Specify ..F 2. 0 Title II 4. 0 Trite VI FOR REGIONAL OFFICE USE ONLY — INSTRUCTIONS FOR COMPLETING SECTIONS I, I1, AND III Sec. I: N z Q r0 c d a w CONTRACT KEY 6 Z O MOD. DATE w A (Total Enrollments) Is the sem of Al . and A.2. B (Total Terminations) Is the sum of B.1 through a 111.3. C (Planned Enrollments) is A minus B. T 1- Sec. II: Enter in line (a) Enrollments in each program activity cumulatively through the grant year, and In line (b) the number of participants planned to be enrolled in each program activity at the end of each O quarter; participants who are concurrently enrolled in more than one activity should be counted in each S activity in which they arc enrolled. ,. d:v a ¢ H LL =E �z o d an. E v em u° MM DO YY 0 T1 0 101 lot fib. DATE' SIGNED 6 -4 -76 2,600 2 O 3 bI Currently Enrolled 0 9 7 Sec. Ill: Enter the cumulative number of participants in each segment to be enrolled during the grail year. It.. Participants should be counted in as many egnificant segment groups as are applicable. 2 3 4 5 6 7 19 1011 1213 It 1f 1G 171E 1' 7 2: 73; j 2;f 777700. I. ENROLLMENT AND TERMINATION SUMMARY ' GRANT YEAR•TO•DATE PLAN u- REPORT O PERIOD A. TOTAL ENROLL. MENTS 1. enroll. merits thls_yr. 2. Partial. Cs pants rrod Over B. TOTAL TER MINA. Ti ONS I. Entering Em c• oym,s (Direct a, D Plemts. b. Indirect Plemis. e. Obtained Emplv/mem 10 2. Other Positive 2,480 J. Non- Non- positi ve 100 C. PLANNED ENROLLMEJJT: (end of aryl,, -0- a q 1 • .. 3 t 7 2,600 2,600 -0- 2,600 20 -0- 10 0 0 .1 1 7 JI 27 O 2 a) Told Enrollments 0 6 7 c c I 0 3 7 0 5 7 9 1 2 3 212:2)24,25 26 CI 0 1 41 0 G 7 51 . 8 1 2 3 ..._.,. 27;1,23242512G J1 3G 41 • eG • 51 56 01 GG 71 7G II, PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES IV. OTHER ACTIVITIES • (Reference IIF) Indicate other activities or special programs on attach• mente. Describe their obleclives and list milestones toward their achievement in a quantitative or narration presentation. 1 r V. a. SIGNATURE i / _ 'r A B C D E F CLASSROOM TRAINING De.the•Jnb Training Pub. Service Employment Work Eraerteneo Other Activities Prime Spons. Voc. Ed. 0) 2 at Total Enrollments -10 9 7 101 lot fib. DATE' SIGNED 6 -4 -76 2,600 2 O 3 bI Currently Enrolled 0 9 7 -0- B Youth C 2 al Total Enrollments 1 2 7 G C 3 0) Currently Enrolled 1 2 7 H D 2 a) 'fatal Enrollments 0 3 7 I 0 3 bl Currently Enrolled 0 1 7 C O 2 a) Told Enrollments 0 6 7 O 3 b) Currently Enrolled 0 5 7 9 1 2 3 212:2)24,25 26 31 36 41 4G 51 . III. SIGNIFICANT SEGMENTS V. a. SIGNATURE i / _ 'r SIGNIFICANT SEGMENTS GRANT YEAR•TO•OATE PLAN SIGNIFICANT SEGMENTS GRANT YEA R•TO•DATE PLAN 9/30 12/31 3/31 0/30 9/30 (a) 12/31 (b) 3/31 (Cl G /30- Id / (a) 101 lot (d) fib. DATE' SIGNED 6 -4 -76 A Disadvantaged 2 , 600 =..-- ~— F B Youth G C H ... . D I C J SUPPLEUENT TO THE CETA - PPS UMBER OF INDIVIDUALS PLANNED 0 BE SERVED, PROGRAM YEAR TO ATE_ -YEAR JUNE II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. 2.190 III. CUMULATIVE PROJECTE EXPENDITURES BY NO 225 ,000 JULY 2,550 900,000 AUGUST 2.570 1.230.000 . SEPTEMBER 2,600 1,300,931 ICTIONS I. Enter the total planned number of individuals who are planned to be served cumulat each month. Only individuals who have been declared eligible for and are receivin 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, II. Enter the total planned number of individuals who will be in the program covered b 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 i Part 1C of the PPS. III. Enter the planned accrued expenditures of funds cumulative by month. The totals i March, June, September, and December should agree with the entries in Part 111B of the PPS. A :A/,'LL S 012:1 I:5 • Corpus Christi'Independent School District . 801 Leopard Street Corpus Christi, TX 78401 S OCR/. Arr MCAT O. LA VOR Slaalott. e r AtIminIsttetinn BUDGET INFORMATION SUMMARY s GRANT . C. TYPE OF PROGIIA1,I 1. 0 Title I J. n Title III a. 0 TIlla 1. 01-111c II !Ravel/y.1 . Sumner 0 FOR REGIONAL OFFICE USE ONLY 1 —T- ' :'•:1,:: I cocr T 11 AC1 KEY NOO. DA T R . .. C.) a 5Z o ' 1 - U r."•¢1;g U 18.1' 1 .1 ': ti . _ • 1 7 MIA CO NY :::..i..149..L. I ..,:•....,i2. 3 14 le, 617 619r___1101 1111213114 t5 -1C71--1—/t 717170- PI 22 23 24126;2627 25.70130 I- E. BUDGET SUN MARY COST CATEGORIES a. GlIATJT PROGRAM EST MATED UNCXPCNDEO RUNGS NCv., OR REVISED DUCIDET euNc-,..cON ON ACTIVITY O. rcticral o. No44.04001 I It.:tn.str.Itttan 2 (ill, lances Ecncrtt 1_ 3. %laces -.rvnirg L • 2_t 3 G I 1 1. • • c1. Fccicral 3 2G 2 . 44 1 126 879 53 26 022 1,300,931 135 1,300,931 4_8,530 C. 5.04•Feaval • I. TOTAL 1 126 879 26,022 F CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGAT ONS ANC, EXPENDITURES (For Quarter Eneal5 r, 2 3 21122! 231 241 711 1 1 21 3 ' 21!223!,3 24 21{ IL ___ G 3, I 2i 221 23124 251 1 21 3 1 12:. 2:: 23:.?4,' :51 I1 I 1----_ • . _ C .... 3 . 11_2_,_2, 3 116213,..F.-2:,_!_____ 26 , q.i_z_L_L___ i 1 Pnerte Spons.ot Csblwationt 0 3 _ 26 ._ __EL— 26 __.4___L_L G [26 • I 3 I 2 Total Pro,celcd Erpettdvnres by Program , 35 3 a. C1assrconn Tr.ltning. ('tine Spanr,or 44 44 . 44 44! i b Co the Job Trartnr; 53 53 53 531 C. ruttfic Scr,cc Employment 62 67 ' 67 .62L___ t 71 711 d Wort, Ex acrtcnoe ' 71 _ e. Servers to Participants 2 3 26 I 2 3 26 1 2 3 26 I 2 3 i 76 11111 4 35 44 0 4 G 4 G 4 i 1 --1 I. 0.1.ar Activate+ .2 35 35 ..— 351 , 441 1 3 Pro,+eted Expunditutet for Vocational Ed. L. in Special Grants to Gnvetnors :..,' 44 .. . . 44 4 Protected Er itendit6its ol 1ton Fed Funds 5. Other rod Fluids llot in Prime Spot. Grant 51 62 — 53 62 53 531 - I 5,2 . 62 6 Grand Total - Pro,ected Erpendttur es 71 71 71 MA 5 155 (At A, GRAN, EC'S NAME AND ADDRESS Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78401 u S. DI.ehIrTMCNT or LAtion Manpower All in In htritInn • BUDGET INFORMATION SUMMARY 6. GRANT NULIDER •' • — C. TYPE OF PROGRAM 1. ❑ rRle I 3. X:t Tine III 4. 0 Ti 2. 0 Titre II ISPrrI/Y). - Summer D. FOR REGIONAL OFFICE USE ONLY . T I C°NTItnCT KEY I ` iz MOO. DATE a o ° ftii • x t.tlo��ld C!ol —tau _ S �° u 4 i and �sZ Ea gu MM DO YV -.••'C 1— i- -+—I -• , 1 2 1 3 1 4 1 5 1 6 1 7 7 I n 1 9 4 1 1_4 lul 1 , 14113114115 21 22 23 24125 I 20117 1 28179 30 16 10 18 1°120 E. BUDGET SUMMARY COST CATEGORIES ' a. 01105' PROCI nAni F UNCTION ON ACTIVITY l Ai:minutr.nion ESTIMATED UNEXPCNOCO EUNDS NEW OR REVISED BUDGET I. TOTAL O. Fotleral c. Non•rndcral d. Federal 0, NOrt•Federal I +_ —_ .,. `. 1 2 G 3 _ 2 2G •- v, 2. Allowances 3. t`larrrs . + .. 35 .. - . • 44 •1. r■il�le Cenefns , •- 53 5 'I ramtrg •_6 • ' .. - . 02 Seraeos • • 71 • • '. totals 1 C 2 3 7G 35 F. CUMULATIVE OUARTERLY PROJECTIONS OF ODLIGAT 0N5 AND EXPENDITURES /For Ouarrer Endtng • 1 2 3 • 21 22 i1 241251 1 2 3 21 2223 24 2' 1 2 3 2 221233'241251 1 2 3 2112:123,24125 _ - -- I. Pnmc Sponsor Obligations O 26 3 1,300,931 G 2G 3 G 2G 3 G 2G 3 2. Total Protected Expenditures by Program . 35 • 3, 35 • 35 a. Classroom Training. Primo Sponsor 14 • 44 44 44 b. On the -Job Training 53 531 53 53 C. Public Service Employment 62 12 62 - 62 d Work I.x•rnence i' 1 2 71 t 300,911 3 26 1 2 71 3 2G 1 2 71 3 2G 1 7 71 3 26 e. Services to Participants 0 4 G 4 C 4 G 4 • I. Other Activities 35 ."1 35 35 35 3. Protected Expenditures for Vocational Ed. in Special Grants to Governors 44 , 44 44 • 44 1 Protected Crpendnures of Non Fed. Funds 53 ' - 53 53 53 5. Outer Fed. Foods llot in Prime Spon. Grant . 62 . 62 ` 62 62 _ 6. Grand Total • P1o1ected Expenditures • 71 1,300,931 r 71 . ,,, 71 71 r• NIA 5.145 19751 n TITLE I NAM-!E OF CONTRACTOR: FUNCTION OR ACTIVITY: Fiscal Year FY 76 Modification No. PROJECT COMPONENT BUDGET n TITLE II Corpus Christi Tudepend'nt School District (1) ADMINISTRATIVE COST: (2) WAGES: (3) TRAINING: (4) FRINGE BENEFITS: (5) ALLOWANCES: (6) SERVICES: TOTAL Work Experience APPROVED BUDGET TITLE III SUMMER PROGRAM BUDGET CHANGES (+ or —) $ 48,530 $ - 1,126,879 26,022 99,500 REVISED BUDGET $ 1,300,931 $ $ BACK -UP SUPPORT BUDGETS (1) ADMINISTRATIVE COSTS BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET a. STAFF COSTS: $ 29,091 $ $ b. FRINGE BENEFITS: 900 - c. CONSUMABLE OFFICE SUPPLIES: 1,500 d. PROGRAM EVALUATION: e. ACCOUNTING SYSTEM: 2,000 f. MANAGEMENT INFORMATION SYSTEM: g. STATE MANPOWER SERVICES COUNCIL: N/A h. PRIME SPONSOR PLANNING COUNCIL: i. TRAVEL: Staff 7,200 j. RENT: 1,365 k. UTILITIES: 1. CUSTODIAL SERVICES: m. INDIRECT COSTS: n. STAFF TRAINING: o. TECHNICAL ASSISTANCE: p. EQUIPMENT: 1,400 q. MATERIAL: 500 r. CAPITAL IMPROVEMENTS: s. PUBLICATIONS: Printing, duplication, 1,500 etc. t. AUDIT SERVICES: u. OTHER: (Specify) Communications, 2,000 postage, etc. v. OTHER: (Specify) w. OTHER: (Specify) Other direct costs 1,074 OTHER: (Specify) SUB -TOTAL $ 48,530 $ $ B: \CK -UP SUPPORT BUDGETS (1) Administrative Cost (Cont.) FRINGE BENEFITS (Staff): BUDGET APPROVED CHANCES REVISED BUDGET (1- or -) BUDGET a. ANNUtL. LEAVE: b. SICt: LEAVE: c- COURT LEAVE: d. NILITARY LEAVE: e. FICA: f. LIFE INSURANCE: B. $ REALM INSURANCE: 830 h. UNE`iPLOYMEBT INSURAVNCE: i. W0B N'S CO,`PENSATION: J- RETIREMENT BENEFITS: k. OTHER: (Specify) 1. OTHER: (Specify) 70 SUB -TOTAL $ 900 $ $ (2) WAGES: BACK -UP SUPPORT BUDGET BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET a. ON- THE -JOB TRAINING: $ $ $ b. TRANSITIONAL SUBSIDIZED EMPLOYMENT: c. OTHER: (Specify) Summer Youth d. OTHER: (Specify) (3) TRAINING: a. SALARIES: b. FRINGE BENEFITS: c. TUITIONS: d. ENTRANCE FEES: e. BOOKS: f. TEACHER'S AIDES: B• OTHER: (Specify) h. OTHER: (Specify) SUB -TOTAL SUB -TOTAL 1 126 879 $ 1,126,879 $ - $ $ $ $ BACK —UP SUPPORT BUDGETS (4) FRINGE BENEFITS: (Participants) a. ANNUAL LEAVE: b. SICK LEAVE: c. COURT LEAVE: BUDGET APPROVED CHANGES REVISED BUDGET (+ or —) BUDGET d. MILITARY LEAVE: e. FICA: f. LIFE INSURANCE: g. HEALTH INSURANCE: h. UNEMPLOYMENT INSURANCE: i. WORKMEN'S COMPENSATION: (2.3 %) 26,022 j. RETIREMENT BENEFITS: k. OTHER: (Specify) 1. OTHER: (Specify) (5) ALLOWANCES: SUB —TOTAL $ 26,022 $ $ SUB —TOTAL $ $ $ (6) SERVICES TO CLIENTS:' BACK—UP SUPPORT BUDGETS BUDGET APPROVED CHANGES REVISED BUDGET (+ 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 i. ORIENTATION: j. COUNSELING: Generalist k. JOB DEVELOPMENT: 1. JOB PLACEMENT: 93,812 m. OTHER: (Specify) Participant 2,688 Transportation n. OTHER: (Specify) * Mixed Costs o. OTHER: (Specify) Staffing 3,000 SUB —TOTAL $ 99,500 $ $ TOTAL $ 1,300,931 $ $ * Includes $1,000 to cover Summer fringe benefits for YSP Counseling Specialists and summer assistants. BACK-U? SUPPORT BUDGETS (6) .,:.RVICES TO CLIENTS (Coot.) FRINGE BENEFITS: (Staff) a. ANNUAL LEAVE: b. SIC; LEAVE: c. COURT LEAVE: d. ?[TLITc\2Y LEAVE: e. FICA: f. LIIFE INSURA -NCEE: * g. HEALTH INSURANCE: h. UNEMPLOYMENT INSURANCE: * i. WORKMEN'S CQ?[PENSATION: j. RETIRDENT BENEFITS: k. OTHER: (Specify) 1. OTEEt1: (Specify) SUB -TOTAL $ APPROVED BUDGET 775 225 BUDGET CHANGES REVISED (:- or -) BUDGET $ 1,000 $ $ - * Part of 'o' Item 6 of Back -up Support Budget. * * * * * POSITIO% TITLE SALARY PER NO. UNITS PAID 1 OF TIU7. TO pO, TOTAL AMOUNT NOuf. we l4 HOURS —4 MQRR• Program Director 40 360 100 13 100 $ 4,680 Asst. Director 40 240 10 100 2400 Area Coordinators (2) 40 440 ($220 ea) 13 100 5,720 Asst. Coordinator (1) 40 200 13 100 2,600 'Spec. Coordinator (1) 40 120 13 100 1,560 Payroll Specialist 40 132 13 100 1,716 Records & Reports Specialist 40 127 13 100 1,651 M.I.S. Specialist 40 118 13 100 1,534 1,443 5,280 Program Secretary - 40 111 440 ($110 ea) 13 12 100 100 lAssistants to Specialists (4) 40 :08 %Reserved for Sept. regular staff increase. 507.00 TOTAL STAFF THIS PROD. /CONY. 29,091 TOTALS ---- RENT SQUARE FEET RAT[ /4O, FT. /NO N0 IN USE NO STAFF USING % USE TOTAL AIAOUNT ..eta7 b. RF.Frr A. TOTAL r 1 300 35 3 25 100 1,365 1,365 * ,Continuing Staff (Administrative Staff) * * * * * * 5051110» TITLE SALARY HOUR Pf.R NO UNITS PAID ee IRS 1 OF TI.I. TO P01 TOTAL AVOVrT NP IY HOURe Sen. 'Coun. Specialist 40 219 13 13 100 100 $ 2,847x• 2,704 Exp. Coun. Specialist 40 208 Exp. Coun. Specialist 40 196 13 100 2x548 2,405 2,405 Counseling Specialist (2 yrs. 40 185 13 13 100 100 Counseling Specialist (2 rs. 40 185 ounse ing Specialist (1st yr.) 40 170 13 9.5 100 50, 10 2 a_ 210 18,240 `hummer Counseling Specialists (12) 20/ 40 1,920 cummer Asst. (exp.) ounselors (30 +) 20 X40 3,600 10 50 710 36000 Summer Asst. (in -exp.) Counselors (20 +) 20 /40 2,200 10 50 X10 22,000 f l Reserved for 10% Sept. increase - Reg. Staff 512 Assistant Counselors ('.5) (S.E.T.) and Work -Study 1,941 TOTAL ITA PP TMIS PROJICOWP. 93,812 TOTALS --.w. p {NT fnuAR[ era RATCiAO fT./NO 00 1N u55 NO 51AIT V51NG % USE TOTAL AYOVRT e. R, *.NT e. Rtm •. TOTAL . . * Continuing Staff (Counseling Staff) Participant Wages 2,250 - Participants x 200 hours each x $2.30 (Standard In- School Slot) 1,035,000 170 - Participants in work experience - classroom mix; 70 @ 210 hours; 100 @ 420 hours (college - skill training exploration) 130,410 70 - College or college age participants 40 hours @ $2.50 - assist with Summer Program, RSP, etc. 70,000 1,235,410 Less Title I portion (8.75 %) 108,100 1,126,879 Summer Program Narrative A. Objectives 1. The Coastal Bend Summer Youth Program is designed to meet basic summer employment, training, and educational needs of low income youth in the eleven county area so as to obtain positive long lasting effects. 2. Specific Summer Goals: BASED ON 2,490 SLOT ESTIMATE a. Provide short -term public, non - profit work - experience jobs for 2,250 youth in their own communities. It is the goal of the program to encourage and assist these youth to resume their education at the appropriate level in the fall. b. Provide a variety of CETA activities designed to meet the transitional training, education, and employment needs of low income high school graduates (or equivalent) as follows: (1) A mix of work experience and skill training for 70 youth. Goal: To assist these youth in the selection and initiation of a training program appropriate to their aptitude, needs and interests, which they will be able to continue in the fall. Participants will receive up to 15 hours classroom and 20 hours work experience as paid activities (fees, tuition, room and board as necessary will be paid by the participant or through college financial assistance programs). Alternate Goal: Job entry (2) A mix of work - experience and college -level credit classes for 100 youth who wish to explore and test their college potential. Participants will receive up to 15 hours classroom and 20 hours work experience as paid activities (fees, tuition, room and board as necessary will be paid by the participant or through college financial assistance programs). Goal: College entry Alternate Goal: Skill training or job entry c. Provide 70 jobs for disadvantaged college or college bound students in leadership and other roles with the youth program, recreational programs, and other. Goal: Assist these youth to continue their education while they gain experience related to career interests. d. Additional youth seeking job placement or short -term summer work will be served through Title I to the extent that funds are available. 3. Participants Participants will be economically disadvantaged youth who are residents of the Coastal Bend Manpower Consortium counties. At least eighty -five percent of the youth will be from minority group families. The program's enrollment will reflect the Coastal Bend's level of poverty by ethnicity (to equal or exceed the level of poverty for minority groups in accordance with the lastest U.S. Census). Target allocations in terms of Socio - Economic and Educational Status (total equals 1000): Current (1975 -76) or recent dropouts (1973 -74) 15% Potential dropouts (with three or more identifying characteristics) 35% Potential dropouts (with at least two identifying characteristics) 20% Potential dropouts (with at least one identifying characteristic) 10% Economically disadvantaged H.S. or equivalent completors needing transitional work experience and other services 10% Economically disadvantaged post graduates who need earnings from summer work to continue their education 10% Target allocations in terms of age levels to be served: (total equals 100%): Youth below sixteen years of age 20% Youth sixteen and seventeen years of age 4500 Youth eighteen through twenty -one 35% Target allocations in terms of Sex: Male: 50% Female: 50% B Approach The Coastal Bend Sumner Program is intended to provide a flexible, short -term, comprehensive approach designed to meet the individual summer work - experience employment, training, and educational needs of qualified participants. 1. Strategy a. Summer worksites will be in public agencies and qualified non - profit organizations. Whenever possible, enrollees will be placed in work directly or indirectly related to career interest. User agencies will generally provide supervision which is responsive to program goals. b. Services - Program staff will work with supervisors and partici- pants to insure the success of the program. Participants will receive pre - enrollment, intake, orientation, and exit counseling. 15. ORDER OF PRECEDEMCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93- 203, 87 Stat. 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FMC 74-4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Lotions 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 maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. 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. AHINDMENT TO APPROVED MOTION #3 (6- 17 -74): That each CETA employee be allowed a maximum of 120 per mile car allowance 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. June 2, 1975 7. That no contractor exceed 17% for administrative cost. 8. Ai1ENDIENT TO APPROVED MOTION #4 (6- 17 -74): That all out -of- area travel for any program have clearance by the staff. July 17, 1975 9. A1ENDMENT TO APPROVED NOTION #5: Allowance of up to l6¢ 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 FOR CASH DEPOSITORIES FM 74 -7 ATTACHMENT 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 National Bank (Date) Elmo V. Jackson (Type Name) Assistant Vice President (Title) Name Corpus Christi Independent School District 6 -4 -76 (Date) Dana Williams (Type Name) Superintendent of Schools (Title) AGREEMENT FOR SPECIAL BANK ACCOUNT ,e Corpus Christi Independent Sch. Dist. hereinafter referred to the Contractor; the Administrative Unit of the Consortium hereafter called the Program Agent and the Corpus Christi National Bank a banking corporation located at 502 N. Water, Corpus Christi, TX hereinafter referred to as the Bank, hereby mutually agree-as'follows: 1. As a condition to the making of advance or supplemental payments under the Contract /Grant No. dated between the contractor and the program agent amounts advanced to the contractor by the program agent shall be deposited in the account established at the bank, designated as the "Youth Services Program" Fund 476 Special Bank Account," hereinafter referred to as the Special Bank Account. 2. The Bank is "insured" within the meaning of The Federal Deposit Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3. The Bank will be bound by the provisions of the Contract /Grant referred to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Bank Account except by persons named in said contract /grant as authorized to incur and pay costs on behalf of the contractor, but shall not be responsible for the application of funds withdrawn from the account. The Program Agent shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- ' mental payments made to the contractor, which'lien shall be superior to any lien or claim of the Bank with respect to such account. S. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord - dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the program agent. 7. Authorized representatives of the program agent shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable times and for all reasonable- • purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bank Account. 8. All moneys deposited in the 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. r BANK USE BANK COLLATERAL BANK NAME Corpus Christi National Bank BANK COLLATERAL required, based upon estimated maximum bank balance, (excludin FDIC coverage of $40,000, is $ 500,000 SIGNATURE / „ /, DATE 6 -2 -76 • TYPE NAME / Elmo V. Jackson TITLE - --Assistant Vice President ' - ' CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME Corpus Christi Independent School District SIG ITRE Ae DATE 2� SIGNA d' DATE TYPE NAME / R. Marvin Townsend 'PE NAME Dana Williams TITLE City Manager TITLE Superintendent of Schools r AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $487,849 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined in the Fiscal Activities Guide for Prime Sponsors under the Comprehensive Employment and Training Act of 1973. Such payments will be made based upon the monthly submission of financial reports and cash requisitions to the Administrative Unit documenting prior • expenditures and anticipated expenditures for a period not to exceed 45 days, the first day of which shall be the first day of the month in which the report is due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the making of such advance payments without interest is in the public interest. CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors, receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chief Financial Officer QCheck if one has not been'appointed or designated. J. M. Pearce, Assistant Superintendent for Business 3. Are you Familiar with the Department of nx Yes No 4. Description of your Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) 2. Will the Accounting System be directly maintained by you? Q Yes © No (If No, who will maintain the account- ing system? Name and Address Tom Roberson, Assistant for Finance 801 Leopard Street Corpus Christi, Texas 78401 Labor Audit Requirements? The Corpus Christi Independent-School District utilizes an automated accounting system which meets all Texas Education Agency accounting requirements. This system has also met all accounting requirements of the Manpower Administration over the - past several years in the execution of the NYC and CETA Contracts. USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code Dana Williams, Superintendent of Schools 512 - 888 -7911 Signature Date of Execution 6 -4 -76 • CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT SOT LEOPARD STREET P. 0 DRAWER 110 CORPUS CHRISTI, TEXAS 78403 J. M. PEARCE ASSISTANT SUPERINTENDENT FOR BUSINESS June 1, 1976 TO WHOM IT MAY CONCERN: All accounts payable checks against the various funds in the Corpus Christi Independent School District must bear the facsimile signatures of Cornell C. Barnard, president, and Mrs. W. Bruce Darlington, secretary, and be initialed by J. M. Pearce, assistant superintendent for business affairs, or Dr. Dana Williams, superintendent of schools. All payroll checks must bear the facsimile signature of J. M. Pearce, assistant superintendent for business affairs. No funds may be with- drawn from any account other than by check signed by the authorized persons enumerated above. Assistant Superintendent for Business �/ Affairs ww PUBLIC SCHOOL SYSTEM EMPLOYEES BLANKET BOND FIDELITY AND DEPO SIT COMPANY OF MARYLAND A STOCK COMPANY — ESTABLISHED 1880 — BALTIMORE. MD. 21203 (Herein called Surety) No 514 12 653 -D DECLARATIONS ITEM 1. Name of Obligee: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ITEM 2. Name of Insured: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ITEM 3. Bond Period: from the beginning of September 251 1975 Month Day Year to 12 o'clock night on the effective date of the cancelation or termination of this Bond as an entirety. ITEM 4. Table of Limits of Liability: INSURING AGREEMENT 1— Honesty Blanket Bond Coverage $ Nil INSURING AGREEMENT 2— Honesty Blanket Position Bond Coverage $ 10:000.00 INSURING AGREEMENT 3— Faithful Performance Blanket Bond Coverage $ Nil INSURING AGREEMENT 4— Faithful Performance Blanket Position Bond Coverage $..111.1 ITEM 5. The liability of the Surety is subject to the terms of the following riders attached hereto: Rider No. 6 ITEM 6. The Obligee and the Insured by the acceptance of this Bond give notice to Surety terminating or canceling prior bond(:) No. (s)._..54 12 653 -C- Fidelity and Deposit Company of Maryland such termination or cancelation to be effective as of the time this Bond becomes effective. P151 -514. 3-68 177794 Revised to May, 1958 (SB 5654) Countersigned by_. Authorized Representative PSSEBB - Page I of 4 The Surety, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreement, Conditions and Limitations and other terms of this Bond, agrees, in accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of indemnity in the Table of Limits of Liability, to indemnify the Obligee for the use and benefit of the Insured for: INSURING AGREEMENTS Honesty Blanket Bond Coverage 1. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees, acting alone or in collusion with others, during the Bond Period, to an amount not exceeding in the aggregate the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 1. Honesty Blanket Position Bond Coverage 2. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees acting alone or in collusion with others, during the Bond Period, the amount of indemnity on each of such Employees being the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 2. Faithful Performance Blanket Bond Coverage 3. Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform faithfully his duties or to account properly for all monies and property received by virtue of his position or employment during the Bond Period to an amount not exceeding in the aggregate the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 3. Faithful Performance Blanket Position Bond Coverage 4. Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform faithfully his duties or to account properly for all monies and property received by virtue of his position or employment during the Bond Period, the amount of indemnity on each of such Employees being the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 4. GENERAL AGREEMENT Loss Under Prior Bond If the coverage of an Insuring Agreement of this Bond is substituted for any prior bond carried by the Insured or by any predecessor in interest of the Insured which prior bond is terminated, canceled or allowed to expire as of the time of such substitution, the Surety agrees that such Insuring Agreement applies to loss sustained by, or caused to, the Insured, as the rase may be, prior to or during the Bond Period, provided that such loss is discovered after the beginning of the Bond Period and prior to the expiration of three years from the cancelatioa of this Bond as an entirety and that such loss would have been recoverable by the Insured or such predecessor under such prior bond except for the fact that the time within which to bring suit, action or proceeding of any kind thereunder had expired, and provided further: (1) the indemnity afforded by this General Agreement shall be a part of and not in addition to the amount of coverage afforded by the applicable Insuring Agreement of this Bond; and (2), such loss would have been covered under such Insuring Agreement had such Insuring Agreement with its agreements, conditions and limitations as of the time of such substitution been in force when the acts or defaults causing such loss were committed; and (3) recovery under such Insuring Agreement on account of such loss shall in no event exceed the amount which would have been recover- able under such Insuring Agreement in the amount for which it is written as of the time of such substitution, had such Insuring Agreement been in force when such acts or defaults were committed, or the amount which would have been recoverable under such prior bond had such prior bond continued in force until the discovery of such loss if the latter amount be smaller. THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: Definitions Socnsoo 1. The following terms, as used in this Bond, shall have the respective meanings stated in this Section: "Employee" as used in Insuring Agreements 1 and 2 means a person while in the employ of the Insured during the Bond Period who is not required by law to give bond conditioned for the faithful performance of his duties and who is a member of the staff or per- sonnel of the Insured but does not mean the Treasurer or Tax Col- lector by whatever title known, of the Insured. "Employee" as used in Insuring Agreements 3 and 4 means a per- son while in the employ of the Insured during the Bond Period who is not required by law to furnish an Individual Bond to qualify for office and who is a member of the staff or personnel of the Insured but does not mean the Treasurer or Tax Collector by whatever title known, of the Insured. Student Activities "Employee" as above defined shall also be deemed to include any student enrolled in a school under the jurisdiction of the Insured while handling or having possession of property or funds in connec- tion with student activities or while handling or having possession of U. S. Savings Bonds or Stamps or funds in connection with the purchase or sale of such Bonds or Stamps. Any loss of such property, funds, Bonds or Stamps through any act or default covered by this Bond and committed by any Employee shall be deemed to be a loss sustained by the Insured under this Bond, whether or not the Insured is legally liable therefor. Unidentifiable Employee SEcrlott 2. In case a loss is alleged to have been caused to the Insured through acts or defaults by an Employee covered under an applicable Insuring Agreement of this Bond, while such Insuring PSSEBB - Page 2 of 4 r.,._ement is in full force and effect and the Insured shall be unable to designate the specific Employee causing such loss, the Insured shall nevertheless have the benefit of such Insuring Agreement pro- vided that the evidence submitted reasonably establishes that the loss was in fact caused by such Employee through such acts or de- faults and provided, further, that regardless of the number of such Employees concerned or implicated in such loss, the aggregate lia- bility of the Surety for any such loss shall not exceed the amount stated in Item 4 of the Declarations applicable to such Insuring Agreement. Exclusion Secnou 3. This Bond does not cover any loss sustained by, or caused to, the Insured under circumstances whereby and to the amount which the Obligee or the Insured voluntarily undertakes or is obligated by law to exonerate or indemnify any of the Employees against liability incurred by them in the performance of their duties. Limits of Liability Section 4. Indemnification by the Surety for any loss under In- suring Agreement 1 or 3 shall not reduce.the Surety's liability for other losses under the applicable Insuring Agreement, whenever sustained; provided, however, that the Surety's total liability under each such Insuring Agreement for any loss caused by any Employee or in which such Employee is concerned or implicated is limited to the applicable amount of indemnity specified in the Table of Limits of Liability. Indemnification by the Surety for any loss under Insuring Agree- ment 2 or 4 shall not reduce the Surety's liability for other losses under the applicable Insuring Agreement, whenever sustained; pro- vided, however, the Surety's total liability under each such Insuring Agreement as to each Employee is limited to the applicable amount of indemnity specified in the Table of Limits of Liability. Regardless of the number of years this Bond shall continue in force and the number of premiums which shall be payable or paid, the limit of the Surety's liability as specified in the Table of Limits of Liability shall not be cumulative from year to year or period to period. Limit of Liability Under This Bond and Any Prior Bond SECTION 5. With respect to loss under Insuring Agreement 1 or 3 caused by any Employee or in which such Employee is concerned or implicated or which is chargeable to such Employee as provided in Section 2 of this Bond and with respect to loss under Insuring Agreement 2 or 4 caused by any Employee or which is chargeable to such Employee as provided in Section 2 of this Bond and with respect to loss under any Insuring Agreement which occurs partly during the Bond Period and partly during the period of other bonds issued by the Surety to the Insured or to any predecessor in interest of the Insured and terminated or canceled or allowed to expire and in which the period specified therein for bringing suit, action or pro- needing of any kind, or if no such period is specified therein, then within the period prescribed by the applicable statute of limitations, has not expired at the time such loss thereunder is discovered, the total liability of the Surety under this Bond and under such bonds shall not exceed, in the aggregate, the amount carried a, the applicable Insuring Agreement of this Bond on such loss or the amount available to the Insured under such other bonds, as limited by the terms and conditions thereof, for any such loss if the latter amount be larger. Cancelotion SEcnon 6. This Bond shall be deemed canceled as to any Em- ployee: (a) Immediately upon discovery by the Obligee or the Insured of any act on the part of such Employee which would constitute a liability of the Surety under the applicable Insuring Agree- ment covering such Employee; (b) Upon the death, resignation or removal of such Employee; or (c) At 12 o'clock night upon the effective date specified in a written notice mailed to the Obligee and the Insured. Such date shall be not less than thirty days after the date of mailing. The mailing by the Surety of notice as aforesaid to the Obligee and the In- sured shall be sufficient proof of notice. Delivery of such written notice by the Surety shall be equivalent to mailing. This Bond may be canceled by the Obligee or the Insured by mailing to the Surety written notice stating when thereafter the cancelation shall be effective. This Bond may be canceled by the Surety by mailing to the Obligee and the Insured written notice stating when, not less than thirty days thereafter, such cancelation shall be effective. The mailing of notice as aforesaid shall be suf- ficient proof of notice. Delivery of such written notice either by the Obligee or the Insured or by the Surety shall be equivalent to mailing. If the Obligee or the Insured cancels, earned premium shall be com- puted in accordance with the customary short rate table and pro- cedure. if the Surety cancels, earned premium shall be computed pro rata. Premium adjustments may be made at the time cancelation is effective or as soon as practicable after cancelation becomes effec- tive, but payment or tender of unearned premium is not a condition of cancelation. If any of the cancelation provisions set forth in either or both of the foregoing paragraphs of this Section are prohibited or made void by any law controlling the construction of this Bond, such provisions to the extent they are so prohibited or made void shall be deemed to be nullified and of no effect. Legal Proceedings SECTION 7. No suit, action or proceeding of any kind to recover on account of loss under this Bond shall be brought after the expiration of three years from the cancelation of this Bond as an entirety pro- vided, however, that if such limitation for bringing suit, action or proceeding is prohibited or made void by any law controlling the construction of this Bond, such limitation shall be deemed to be amended so as to be equal to the minimum period of the limitation permitted by such law. IN WITNESS WHEREOF, the FIDELITY AND DEPOSIT COMPANY OF MARYLAND has caused this Bond to be signed by its President and by its Secretary at Baltimore, Maryland, and to be countersigned on the Declarations page by a duly authorized Representative of the Company. Arrest: Secretary B (( PESEBB - Page 3 of 4 President SHORT RATE CANCELATION TABLES Short Rate Table For One Year Day. In Fore Per cent of Annual Premium be charged Day. to Force Per cent of Annual Premium Io be charged Day. 1 Force Per cent of Annual Premium to e charged 1 5% 99 -102 38% 224.228 70% 2 6 103 -105 39 220.232 71 3- 4 7 106-109 40 233.237 72 5. 6 8 110 -113 41 238-241 73 7- 8 9 -10 9 10 114.116 117 -120 42 43 242 -246 (8 mos) 74 11 -12 3.14 11 12 121 -174 (4 mm I 44 247 -250 251 -255 75 ]6 IS-16 1] -1s 1] 14 120 -fat 128.131 45 46 250.260 261.204 ]] 78 19-20 21 -22 15 16 132 -135 136.138 47 48 265.269 270.273 79 80 23 -25 17 139.142 49 (9 mos.) 26.29 18 143 -146 50 274.278 81 30.32 19 147.149 51 279 -282 82 (1 33.36 ) 20 (5 mos) 52 288 -291 84 37 -40 41.43 21 22 154.156 157 -160 53 54 292 -296 297 -301 85 86 44-47 48.01 23 24 161 -164 165 -167 55 56 302.305 (10 mos.) 87 07.54 55 -38 23 26 168.171 172 -175 57 58 306 -310 311.314 88 89 59.62 (2 mos.) 27 176.178 179 -182 59 60 315 -319 320.323 90 91 63.65 28 (6 mos.) 324 -328 92 66.69 70 -73 29 30 183 -187 188 -191 61 62 329.332 333.337 93 94 74 -76 77-80 31 32 192 -196 197.200 63 64 III mos) 330.342 95 81.83 84 B7 31 34 201 -200 206.209 65 06 343.346 347-351 97 88-91 (3 mos.) 35 210 -214 (7 mos ) 67 352 -355 356.360 98 99 92 -94 95 -98 36 37 215 -218 219.223 68 69 361-365 (12 mos.) 100 For Term of Three Tears ' Per cent of Premium Per cent of Premium to be Churned to ha Charged Time Days Paid in Advance instalment Oasis Time Day, Paid In Advance Instalment Basis 365 396 424 455 485 516 546 577 608 699 400000% 42.5482 44.8498 47.3980 49.8640 52.4122 54 8782 57.4264 59.9746 42.4406 64 9088 67.4548 38.0953% 40.7241 43,0985 45.7273 48.2713 50.9001 53.4441 06 0729 58.7017 61.2457 63.8745 66 4185 730 761 789 820 850 881 911 942 073 1003 1033 1064 70.0030% 72.5512 74.8528 77.4010 79.8670 82.4152 84.8812 87.4294 89.9776 92 4436 94 9096 97.4578 69.0473% 71.6761 74.0505 76.6793 79.2233 81.8521 84 3961 87.0249 89 6537 92.1977 94 7417 97.3705 For each intermedia e day not in hided in the above tab e, add to the appropeia e percentages above. before applying to three-year premium, the following: () .08 2 %, when premium is on a "Paid In Advance" basis. (b) .08 8 %, when premium is on "Instalment "basis. The for going table cannot be used on term bonds that do not have the he earned premiumn shallcberarrived et as follons�l term. In such cam 1. Determine full annual premium as for a band written for a term of one Your. 2. Deduct such premium from the full bond premium, and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the bond has been in force to the length of time beyond one year for which the bond woe Originally written. 3. Add premium produced in accordance with Items (t) and (2) to Mt earned premium during full period hood ha. 6020 to forge. NOTE: Oa term bonds In force for 12 months or lees. apply the stan- dard short as for a bond written for a terrm oftone year.v� premium determined P55EBB - Page 4 of 4 RIDER 6 To be attached to and form part of Bond No_54_ 12 653 -D - -- Corpus Christi Independent School District Obligee.— ��— .�_ —.._ Corpus Christi, Texas Insured Corpus Christi Independent School District Corpus Christi, Texas It is agreed that: 1. The attached bond, in accordance with the terms and provisions of such of the Insuring Agreements thereof as are in full force and effect, shall also indemnify those officers of the Insured who are required by law to give individual bonds for the faithful performance of their duties, against loss through acts or defaults of Employees who serve under them; provided, however, that the liability of the Surety for loss sustained by the Insured and such officer or officers shall, in no event, exceed the amount for which the Surety would be liable under the attached bond had all such loss been sustained by the Insured. September 25:._1975_,_,_- ___�._____ 2. This rider is effective as of..._._._. _._..- Armor: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Secretary Countersigned by:. Pl06 -5M 3 -68 177803 B nd nod Public Scb 1 System eEmvloytesb11B1 nitet Scud.ito In. demmfy certain officers of the insured for defaults of employees who nerve under them. Revised to May, 1958. (SR 5666) By / President , Authorized Representative AGAN INSURANCE AGENCY t•'i' "Complete Insurance Protection PR3 - 101 67 P. O. BBX 36 O453 — t 016 7Ams ST. • SMITH-Li-EBB INSURANCE AGENCY Bond No. 51t Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 (HEREINAFTER CALLED SURETY) 12 653 APPLICATION-QUESTIONNAIRE FOR A PUBLIC EMPLOYEES BLANKET B OR A PUBLIC SCHOOL SYSTEM EMPLOYEES BLANKErBa4 -I ' JAL A.. • CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Application is hereby made by (exact Name or Obliaeo (herein called Obligee) for the unn and benefit of (Exact Name of Insured) Corpus Christi, Texas of / _______(herein called Insured) (Street) (Ciy) (State for coverage under the bond designated below with respect to such of the following Insuring Agreements opposite which an amount is stated, to become effective or to be continued as of_ ..5.girtember 25, 2:975_____ : Public Employees Blanket Bond D Public School System Employees Blanket Bond 0 Insuring Agreement I—Honesty Blanket Bond Coverage Insuring Agreement 2—Honesty Blanket Position Bond Coverage $ 10.,000 .00 Insuring Agreement 3—Faithful Performance Blanket Bond Coverage S Insuring Agreement 4—Faithful Performance Blanket Position Bond Coverage 2 Premium payable: prepaid 0 I year, 0 2 years, M3 years, 04 years. instalments 03 years, 04 years. I. (a) Is the Insured a part of the government of the state 0, county 0, city 0, town 0, village 0 or other political subdivision El, and if last, state which. (b) If this Application-Questionnaire is for a Public Employees Blanket Bond, is a School System part of the Insured? (e) List all subordinate departments, divisions, offices or institutions which the Insured is authorized by law to manage, govern or control. 2. Give total number of persons employed by the Insured. 3. Will the Insured arrange to have new Employees complete personal applications (supplied by Surety)? Yes 4. Is there likely to be a substantial increase in the number of Employees during the premium period by reason of seasonal activity or other circumstances peculiar to In,sured's function? No 5. Audits (a) How frequently made? Annually (b) Are all locations included? Yes (c) By whom? CPA; Public Accountant; Stall' Auditor; CPA firm Others—(explain fully) (d) When was last audit made? August 31, 1975 (e) Period covered September 1. 1974-Aug 31. 3C (f) Were any discrepancies or loose practices commented upon? If so, submit a copy of audit or auditor's comments. 6. Losses of a nature which would have been covered by the bond applied for (past 5 years)—Check if none D Date Amount Employee's Position Corrective Measures Taken (Other Than Discharge) in if none Form of Bond Effective Date Amount Name of Company Amount of AdditionaHndemnity on Each Employee • Use separate sheet if necessary. 8. Complete the Classification of Employees on reverse side. A reement is desired on any osition, complete the following: Dated at Corpus Christi, Texas AGAN INSURANCE AGENCY 11th day of August, hit 75 19. CoruI Christi Ind endent School District Insurcd) —I' ' -"."--"- Location - — Insuring Agreement Total Number of Employees - in Each Position Amount of AdditionaHndemnity on Each Employee Position • -- Dated at Corpus Christi, Texas AGAN INSURANCE AGENCY 11th day of August, hit 75 19. CoruI Christi Ind endent School District Insurcd) CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES This classification under Class A, 8 and C, together with supplemental classification required ;n the event coverage under the bond apphe for is to be given under more than one Insuring Agreement, c nsututes the 1nsurcd's entire per.onnel a. of the dale of this apphr.,tion questionnaire and includes member of Boards and Commissions whether or not such personnel or the members of such Boards and Commissions are in be covered under the bond. 11 coverage is to be given under more than one Insuring Agreement, separate Classifications of Employees must be completed for each Insuring Agreement and in such event this classification applies to Insuring CLASS A EMPLOYEES All Executive. Administrative, Judicial and Supervisory officials, Department and Division Heads and Assistant Department and Division Heads, all peace officers• and all officials and employees whose principal duties are to, 1. handle, receipt for, or have custody of money, checks or securities, or account for supplies or other property: authorize (or make ap- propriations for) expenditures; approve, certify, sign or countersign checks, drafts, warrants, vouchers, orders or other documents providing for the paying over or delivery of money, securities, supplies or other property, or serve process; or 2. maintain or audit accounts of money, checks, securities, time records, supplies or other property, or take physical inventories of money, checks, securities, supplies or other property. •Patrolmtn ore elaeslGed so •'A" Employees under both "Falthlul Performance' Coverages but are classified es ••C" Employees seeder both "Honesty' Coverages Number of Number el Number of Oct. rats Occupant.• Ywltlan Supt. of Schools 1 Asst. Supt, Business 1 Director- Athletics- -- - - - -1 Dir. Adm,,..S-e.tDxce.s Asst. for Finance 1 Prins. E. Assts. 79 Director Cafeteria 1 Sup. Personnel -Cafe. 1 Positloo Occupant• ,oard mc.til>2C.FS who countersign checks: 2 Position Total Chen A CLASS B EMPLOYEES All personnel whose principal duties consist of: 1. Inside or outside clerical activities. 2. Office work such as stenography, typing, filing. switchboard operation, business machine operation, etc. 3. Operation of vehicles transporting passengers for cash fares or tickets. Podtlon Number of Occupant. Div. of Bus. .Affairs 63 Div. of Adminis. 35 Div. of Instruction 33 School Clerical 122 YoAdon Number of Oeeupantr Position Number of Occupant. Total Class B 253 CLASS C EMPLOYEES All personnel whose principal duties consist of: 1. Skilled or unskilled labor and craftsmanship. 2. Solely the mechanical operation of automotive equipment. 3. Non - clerical activities of the medical or nursing professions. 4. Any teaching capacity in the field of education 5. Outside or field work of a non - clerical nature. 6. Patrolmen under the "Honesty" Coverages. Position Teachers 2035 Number of occupants Plant operation 298 P1Ant maintnance.___ Lunchroom supery 18 Lunchroom managers, cooks & assistants 401 Position Aides Attend. officers Number of Occupants 364 2 Nurses 10 LVN' s 10 Podtlon Number of Occupant. Total Clans C 3194 PERSONNEL EXCLUDED Certain Officers and Subordinates are excluded automatically from coverage by the terms of the designated Blanket Bonds: 1. All Coverages— Treasurers and Tax Collectors by whatever title known. 2. Faithful Performance Coverages— Personnel required by law to furnish an individual bond to qualify for office 3. Honesty Coverages—Personnel required by law to give bond for faithful performance of their duties. List he undcrthhe poafi n reittl ed'bp sucli (flT , e ood-Suhn�dtnnus -" Position Number of Occupant, • Pon,titfo.r " Nc tuber of -.- O cupanlr Position Total Number of Occupant. Other Officers and Subordinates may be excluded by the Surety by rider. See Public Official Manual Rule "Exclusion of Employees.' List hereunder the positions occupied by such Officers end Suhurdinntra Number ol Number o! -- Number al PO] lion Occupant. Occupants Yo.,non Uccupaet. 4 Texas Workmen's Compensation Assigned Risk Pool 222 Chevy Chase IV • 7715 Chevy Chose Drive • Austin, Texas 78752 APPLICATION FOR INSURANCE (File in TRIPLICATE with Pool Manager) To the above designated Pool: As an employer entitled in good faith to Workmen's Compensation Insurance in Texas, the undersigned hereby makes application for such insurance in accordance with the provisions of Article 5.76 of the Insurance Code of Texas. The undersigned recognizes and agrees that such insurance as is applied for herewith, is subject to such rates, premium modifications and surcharges as are now or may hereafter be approved by the Texas State Board of Insurance. The undersigned further agrees that the Producer of Record herein shown acts solely as the agent of the undersigned and is not an agent of or for the Texas Workmen's Compensation Assigned Risk Pool or of the com- pany assigned to issue and service such insurance. 1. The Insurance herewith applied for has been tendered to and reiected, this rejection being a condition precedent to applying to the Pool for Insurance. . Name of rejecting Insurance Company Maryland American General Insurance Company Date of rejection June 15, 1976 2. Applicant's official Trade Name: Corpus Christi Independent School District Mailing address P. 0. Box 110 Corpus Christi Texas 78403 Street address, city and state where payroll books and records will be maintained for audit 3005 Leopard Street Corpus Christi, Texas 78408 3. A. Name of owner if individual N/A Is coverage to be provided for the owner? ❑ Yes ❑ No B. Names of partners and percentage ownership of each if partnership N/A Is coverage to be provided for the partners? ❑ Yes ❑ No If yes, give name of each partner to be covered. C. Name and title of executive officers, if a corporation and percentage of stock each owns plus the remaining distribution of stock to equal 100% Calvin L. Blacklock, Program Coordinator Check one of the following: I. ❑ Workmen's Compensation is not to be provided for any executive officers. 2. ❑ Workmen's Compensation is elected for all executive officers. 3. ❑ Workmen's Compensation is elected only for the following executive officers. Show names and titles. D. Name of trustee or administrator if trust or estate NO WORKMEN'S COMPENSATION ACT COVERAGE WILL BE PROVIDED UNDER THE POLICY FOR IN- DIVIDUALS, PARTNERS, OR EXECUTIVE OFFICERS UNLESS REQUESTED ABOVE AND ENDORSED ON POLICY. 4. Location of all factories, shops, yards, buildings, premises or other work places of applicant, by town or city, with street and number. Public agencies and non - profit organizations in Corpus Christi, Bee Co., Brooks Co., Duval Co., Jim Wells Co., Kenedy Co., Kleberg Co., Live Oak Co,,,...... McMullen Co., Nueces Co., Refugio Co., and San Patricia County. 5. Detailed description of operations and number of employees at each location: Program enrollees will work in public and non - profit organizations as helper assistants and assistants in the _categori PR shown i n 6. be) ow and J cations ,e a p wn on the attachedlista IF MORE THAN ONE NAMED INSURED OR LOCATION, IDENTIFY CLASSIFICATIONS APPLICABLE TO EACH 6. Code No. 8868 Classification of Operations Colleges or Schools: Professional employees, teachers, counselors, clerks, and related aides No. Emp. 1,035 Remuneration 500,085 Rate .24 Est. Premium 1,200 8833 Hospitals: Professional employees including clerical 26 12,502 .98 123 9101 All other employees 1,526 737,626 3.35 24,710 Each exposu e and each premium item shall be shown to the Loss Constant (if applicable $ nearest dollar, counting fifty cents and over as an extra dollar._ Experience Modifier (1.00) $ 26,033 Expense Constant (if applicable) $ 7. NO U. S. LONGSHOREMEN'S AND HARBOR WORKERS' ACT COVERAGE WILL BE PROVIDED UNDER THE POLICY UNLESS REQUESTED AND ENDORSED ON POLICY. U. S. Longshoremen's and Harbor Workers' Coverage requested. ❑ Yes ❑ No. Loading 8. MINIMUM DEPOSIT PREMIUM REQUIRED: (Not to be less than the MINIMUM PREMIUM.) 100% of Estimated Annual Premium on Risks under $500.00. 75% of Estimated Annual Premium on Risks between $500.00 and $1,000.00.- 50% of Estimated Annual Premium on Risks between $1,000.00 and $1,500.00. 25% of Estimated Annual Premium on Risks 51,500.00 and over. - .. • Minimum Premium $ 6,508.00 Total Estimated Annual Premium $ 26,033 Deposit Premium enclosed with this application $ - 6,508.00 IMPORTANT NOTICE: Attach Cashier's Cheek payable to "Texas Workmen's Compensation Assigned Risk Pool." This deposit is subject to increase if found inadequate. (Continued on reverse aide) 9. Record of Previous Insurance carrier for pa:- s: Name of Company Policy 1• . Period of Coverage Premium 6uB- a. Traveler's Ins. Co. 494B643 -A -75 9 -30 -75 / 9 -30 -76 4,269 6uB- b. Traveler's Inc. Co. 493B657 -6 -75 7 -10 -75 / 7 -10 -76 17,112 61.13- c. Traveler's Inc. Co. 336B889 -6 -74 10 -1 -74/ 10 -1 -75 6,255 10. No similar insurance for this applicant has been cancelled by an insurance carrier during the past year ex- cept as next herein stated. No 11. a. It is understood that the Pool's Manager will designate an Insurance Company to issue and service the policy on behalf of the Pool. The undersigned agrees: 41) To comply with all reasonable rules of tho Servicing Company for the prevention of iniuries =to em- - •- ployees. -- - •• - (2) To furnish the Servicing Company promptly with any First Report of Accident to employees. (3) To furnish all other forms and information required by the terms of the policy: (4) To maintain, by employee and by class of work, a record of the total remuneration earned by each em- ployee, in order that an accurate audit may be made by the Servicing Company. (5) To pay as due, all monies for premium under such policy to the Servicing Company, provided, however, that in the event of default on payment of any premiums due under any policy issued as a result of this application all premiums due and unpaid at the option of the General Manager of the Pool shall become payable at the office of the Texas Workmen's Compensation Assigned Risk Pool, Austin, Travis County, Texas, and the undersigned hereby promises and agrees to pay all such premiums at the office of the Pool. (6) That no insurance coverage will be considered bound until applicant has received a Binder duly exe- cuted by the General Manager of the Pool and such insurance ,shall become effective from the date and time specified' by the Pool Manager. (7) To pay the Servicing Company the premium at the proper rate on all labor involved in sub - contracted work performed for us In every instance unless the Servicing Company is furnished with Certificates of .Insurance or other satisfactory evidence that these coverages are carried with respect to such work dur- • ing the entire term of any policy issued as a result of this application. We further agree to make these records available to the Servicing Company's Payroll Auditor. b. It is understood that the underwriting data on this risk may be made available to all Member Companies of the Pool. 12. This insurance will be assigned to any one of the Pool's servicing carriers unless a preference is shown. Where a preference is shown, such preference will be honored where possible. It is preferred this insurance be as- signed to Traveler's Inc. Co. (Servicing Carrier) 13. Does the applicant or controlling owners thereof own (over 50 %) of any other business operation in Texas? ❑ Yes ❑ No. If yes, list the businesses and 100% ownership of each. N/A (I1 None so slate) 14. Is Railroad Commission Filing required? NO (}}L] YES ❑ RRC ❑ or LPG ❑ Docket $t (a) Exact Name as shown on Permit (Same Name must be included in Item 2 of Application) The foregoing statements are made by applicant as material representations of fact for the purpose of showing that he is in good faith entitled to insurance as a rejected risk and securing approval of this application, and such statements are true and correct. Date May 26, 1976 Applicant Trade Name e Corpus Christi endent School District By Program Coordinator Title STATEMENT OF TEXAS INSURANCE AGENT KNOWN AS PRODUCER OF RECORD As Producer of Record, I certify that the rating codes and classifications with estimated annual payrolls and number of employees for each, as shown in Item 6 and all other answers and data given above, are true and correct to the best of my knowledge and belief and That I am a licensed Texas Insurance Agent. THIS POOL CANNOT ASSIGN: (a) Voluntary Compensation Insurance, (b) Employers Liability as respects persons who are not employees subject to the Texas Workmen's Compensation Law or the United States Longshoremen's and Harbor Workers' Compensa- tion Act or certain extensions thereof, (c) Coverage II for maritime employments, (d) some instrumentalities of the Unite 'es Government, (e) additional benefits coverage required by reason of the applicant's participation it progr der the Federal Economic Opportunity Act of 1964. Wt5P -1' ov 1 -1 -75 74- 1699 -730 Producer a Federal Income Tax Identification Number Swantner and Gordon Insurance Agency Name of Producer of Record (Type or Print) P. 0. Box 870 Corpus Christi, Texas Address By Signature of Producer of Record COUNTY BEE COUNTY SUMMER 76 DISTRIBUTION ENROLLMENT WAGES Beeville 100 $45,300 Pawnee 10 4,530 Pettus 20 9,060 Skidmore -Tynan 10 4,530 BROOKS COUNTY Falfurrias 90 40,770 DUVAL COUNTY Benavides 30 13,590 Freer 30 13,590 San Diego 90 40,770 JIM WELLS COUNTY Alice 130 58,890 Ben Bolt 30 13,590 Orange Grove 30 13,590 Premont 30 13,590 KENEDY COUNTY Rivera (Narita) 10 4,530 KLEBERG COUNTY Kingsville 150 67,950 Riviera 30 13,590 LIVE OAK COUNTY George West Three Rivers 26 11,778 24 10,872 MCMUTJEN COUNTY Tilden 10 4,530 N'JECES COUNTY Agua Dulce 12 5,436 Banquets 12 5,436 Bishop 25 11,325 Calallen 5 2,265 CCISD 1,037 (including Staff) 548,723 Chapman Ranch 5 2,265 Driscoll 5 2,265 Flour Bluff 7 3,171 London 5 2,265 Petronila 5 2,265 Port Aransas 5 2,265 Tuloso - Midway 12 5,436 Robstown 125 56,625 Violet 5 2,265 West Oso 22 9,966 REFUGIO COUNTY Austwell- Tivoli 12 5,436 Refugio 30 13,590 Woodsboro 18 8,154 SAN PATRICIO COUNTY Aransas Pass Portland Gregory Ingleside Mathis Edroy Odem Sinton Taft 40 18,120 15 6,795 15 6,795 10 - 4,530 130 58,890 10 4,530 15 6,795 125 56,625 3o 13,590 2587 1,250,873 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Corpus Christi, Texas Cornell C. Barnard DDS President Jack A. McQueen Vice - President Mrs. W. Bruce Darlington Secretary Dale C. Hornsby Assistant Secretary W. Glenn Hutson James E. Albright, M. D. Franklin Bass BOARD OF TRUSTEES 1230 Third 78404 4650 Janssen 78411 4729 Congressional 78413 4409 Coventry Lane 78411 3409 Floyd 78411 2481 Morgan 78405 633 Moray 78411 8829213 884 -7451 853 -9149 853 -0938 852 -0666 882 -7432 855 -0148 They will also receive on- the -job and individual counseling as dictated by need or design in terms of individual or group goals and activities. The primary aim of counseling services will be to encourage non -high school graduates to continue their education or skill training, or at least, develop sufficient skills to obtain job entry at the conclusion of the program. In- school and college participants will be encouraged to return to school in the fall. c. Operations - The Youth Services Program of the Corpus Christi Indepen- dent School District will operate all phases of the summer work - experience and mixed activities which include work experience. The T.E.C. -Del Mar- Bee County network or S.E.R. will operate those classes in which the expectation that those who successfully coTplete the summer1phase can be continued under the Title I Skill - training program on October 1, 1976. 2. Summer Participation Summary a. Work Experience (1) Youth below sixteen will work 20 hours per week for at least five weeks at the lighter, safer jobs within the capabilities of this group. More mature or closely supervised youth may work up to 40 hours per week depending on performance. (2) Youth sixteen and above will work the total average number of hours established per participant, however, hours per week and number of weeks may differ to meet the varying needs of indi- vidual youth and communities. (3) Title I Out -of- School youth will continue at or above their normal rate of participation during the summer months. Newly identified dropouts will work at or above average hours per participant depending on availability of funds. (4) College level youth will work for up to thirteen weeks in the youth leadership roles and recreation programs and community, agency, and other helping roles. b. Work Experience and Education or Skill Training Recent (1976) high school (or equivalency) graduates will receive a total of 35 hours per week, six to twelve weeks, in mixed program activities to meet their transitional employment, educational, and training needs. c. Counseling Services - All participants will receive intake, orien- tation, and exit counseling. Additional program related counseling as needed or requested will be provided. d. Expected Outcomes - Upon completion of the Summer Program, it is expected that junior high, high school, and college students will return to school; that recent graduates will either enter college, skill training, or employment; and that out -of- school youth will either enter skill training, employment, resume education, or continue in the FY 77 work experience program. 3. Recruitment Summer program recruitment will be through the existing Youth Services Program, CAA, Texas Employment Commission, the schools, Welfare, etc. a. Summer Program announcements and applications will be distributed to all school districts, to the Texas Employment Commission, CETA Programs, and other appropriate referral agencies. b. Program news announcements will be made by local newspapers, through TV, radio, and other media with special emphasis on reaching the 'dropout'. 4. Management and Administrative Plan a. A Management Information System will be implemented by the program administrator to meet CETA reporting requirements. Personnel stan- dards will be in compliance with the Board Policies of the Corpus Christi Independent School District and in compliance with the CETA Contract. b. The program administrative team will conduct inservice training and other activities necessary to carry out an effective Summer Program. The program administrative team will also conduct monitoring activi- ties to assure that the program is meeting its goals. The team will also provide the needed expertise to insure that youth are receiving proper counseling, orientation, and worksite selection. 5. Cost Plan The cost plan is based on the unit costs suggested in DOL releases, including costs necessary to screen, enroll and assign, and provide work adjustment counseling for 2,490 youth in work - experience jobs in the eleven - county Coastal Bend area. Administrative costs and counseling service costs are to be held to less than fifteen percent of total costs, if possible, in order to proiri.de more summer jobs and related services than might otherwise be possible. C. Geographic Area to be served includes all eleven counties which are FY 76 members of the Coastal Bend Manpower Consortium. These include the following counties together with each county's percent of Coastal Bend youth below eighteen years of age (allocation index) in the latest census who were from poverty level families: Bee (5.73), Brooks (3.41), Duval (5.03), Jim Wells (9.75), Kenedy (.35), Kleberg (7.19), Live Oak (1.86), McMullen (.39), Nueces (10.22), Refugio (2.31), and San Patricio (15.99) Counties. Also, separately included is the City of Corpus Christi (38.10). D. Personnel Policies and Procedures will generally follow the personnel policies of the Corpus Christi Independent School District as they pertain to regular and temporary (summer, in this case) Staff. Personnel employed under this Contract will also be covered by and subject to the requirements of the Contract as promulgated by the Comprehensive Employment and Training Act of 1973, as amended. 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 Y.L. 93 -567, 88 Stat. 1845), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circulars (FMC) 74 -4 and 74 -7, as those circulars relate to functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, and other documents under the Act. 2. The applicant further assures and certifies that if the regula- tions promulgated pursuant to the Act are amended or revised, it shall comply with them or notify the Regional Administrator for Employment and Training Administration (RA) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the RA 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; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's, governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required (sections 102(a); 701(a)(9) and (10)). b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L. 88 -352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 20001) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) dis- criminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. Revised May, 1976 d. No person with responsibilities in the operation -of any pro- gram under the Act will discriminate with respect to.any program par- ticipant or any applicant for participation in such program hccause of race, creed, color, national origin, sex, age, political affiliation or beliefs (section 703(1) and 712). c. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. • f. It will comply with the provisions of the Hatch Act which limit the political activity of employees. g.' It will comply with the requirement that no program under the Act shall involve political activities (section 710). h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, par- ticularly those with whom they have family, business, or other ties (section 702(a)). i. It will give the Department of Labor and the Comptroller General through any authorized representative. the access to and the right to examine all records, books, papers, or documents related to the grant (section 713(2)). j. Participants in the program will not be employed on the con- struction, operation, or maintenance of that part of any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicant (section 703(4)). m. Provision of 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 provision of workmen's compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity Revised May, 1976 ' - under the Act, i.e., work experience, on -the -job training, public service employment, classroom training, services to participants, 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 workers or impair existing contracts for services or result in the substitution.of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). p. Training and related services will, to the extent practicable, be consistent with every individual's fullest capabilities and lead to • employment opportunities which will enable participants to become econom- ically 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 otherwise be available for the planning and administration of programs under the eligible applicant's grant (section 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the pur- poses and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets - the special needs of disadvantaged, chronically unemployed, and 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 con- trols, personnel standards, evaluation procedures, availability of in— service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of youth in the area served (section 703(15), and will assure that: 'Revised May, 1976 •(1) Individuals receiving training on the job shall be com- pensated by the employer at such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secret, 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 111(b)). (2) Persons employed in public service jobs under this Act shall be paid wages which shall not be rower than whichever is the highest of (a) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof. 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 employed in similar public occupations by the same employer (section 208(a)(2)). w. It will comply with the labor standards requirements set out in section 706 of the Act. X. Services and activities provided under this Act will be ad- ministered by or under the supervision of the applicant (sections 105(a) (1) (S1) and 205(c)(1)). y. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. y. If the applicant is financed by letter of credit: (1) Letter of credit cash drawdowns will only be initiated when actually needed for its E; TA arant(s) disbursements; , (2) Timely reporting of cash disbursements and balances will be made to the Manpower Administration as required; (3) It will impose the same standards of timing and amount upon any secondary recipients including the furnishing of reports of -cash disbursements and balances, B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: Revised May, 1976 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). • 2. Programs of institutional skill training shall be designed for occupations in which skill shortages exist (section 105(a)(6)). 3_ The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of the Act (section 105(b)). 4. It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (section 105(a)(7)). 5. Special consideration will be given to the needs of 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 prime sponsor in selecting participants for programs funded under Title I of. the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part -time opportunities for such veterans. The prime sponsor should utilize the assistance of the State and local veterans employment service representative in formulating its program objectives. On a continuing and timely basis, information on job vacancies and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). • C. Additional Assurances Relating to Public Service Employment Programs 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 employ- ment by providing complementary training and manpower services designed to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the 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 of section 604 of the Act, provided, however, that nothing contained in Revised May, 1976 • this paragraph shall be construed to preclude persons or programs for wl the foregoing goals arc not feasible or appropriate (sections 205(c)(4) and 604). 2. To the extent feasible, public service jobs shall be provided in . occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. Special consideration in filling transitional public service jobs will be given to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any per- son 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 otherwise be 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 who 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 to assist (section 205(c)(18)). 8. Where appropriate, it will maintain or provide linkages with up —• grading 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(c)(19) and 604). Revised May 1976 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 disadvantaged (section 205(c)(21)). 10. Not more than one -third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limita- tion 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 juris- dictions and the needs of the agencies (section 205(c)(23)). 12. The jobs in each job category in no way infringe upon the promo- tional opportunities which would otherwise be available to persons cur- rently employed in public service jobs not subisidized under the Act, and assure that no job will be filled in other than an entry level posi- tion in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)). 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the•Act (section 205(c)(25)). D. Additional Assurances for Titj e II Programs. • All assurances in C above apply to activities funded under Title II. In addition, the appli- cant will assure that: (1) Only persons residing within the areas of substantial unemploy- ment qualifying for assistance will be hired to fill jobs created under Title II 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 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 re- ceived other than a dishonorable discharge within four years before the date of their application. Each eligible applicant selecting participants for programs funded under Title II of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort Revised May, 1976 should be made to develop appropriate full or part -time opportunities such veterans. In order to insure special consideration for veterans, all public service employment vacancies under Title II, 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•vacancics are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon re- quest, may also refer members of other significant segments. 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 timcly basis, provide information on job vacancies and training opportunities funded under Title I1 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) of Emergency Jobs and Unemployment Assistance Act of 1974). E. Additional Assurances for Title VI Programs. All assurances in C above apply to activities funded under Title VI. In addition the appli- cant will assure that: 1. Only persons residing in the area served by the eligible appli- cant under Title VI 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 VI of the Act (section 603(a)(2)(a)), to an area of substantial unemployment shall only be used to provide pro- ject and program opportunities to persons residing in those areas of sub- stantial unemployment (section 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 maxima extent feasible, consistent with provisions of the Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons who are not eligibin for unemployment insurance benefits (except persons lac =;ing work experience) and to unemployed persons 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 pro - visions of section 106 and section 107 of the Act. Revised May, 1976 ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized. Corpus Christi Independent School District 801 Leopard Street (Legal Name of Applicant) (Address) (Signature of Authorized Officer) Dana Williams Superintendent of Schools 6 -4 -76 (Typed Name & Title of (Date of Application) Authorized Officer) Revised May, 1976 1 SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor / Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor / Subgrantee regards the order as a change order. c. Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor / Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor's /Subgrantee's cost of, or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b) above. Where the cost of property made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting Officer shall have the right to prescribe the manner of disposition of such property. f. No claim by the Contractor / Subgrantee for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract /subgrant. g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract /subgrant as changed by the Prime Sponsor's Contracting Officer in writing, either by (i) issuance of a written change order as described in (a) above, or (ii) issuance of a written confirmation by the Prime Sponsor's Contracting Officer of the written notice required of the Contractor /Subgrantee in (b) above, re- sulting from an oral order by the Prime Sponsor's Contracting Officer. 2. NONDISCRIMINATION It is the policy of the Executive Branch of the Government that (a) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government con- tracts, a maximum age limit for such employment unless the specified maxi- mum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. "QUAL OPPORTUNITY. CLAUSE L.__ng the performance_of this contract, the contractor agrees as follows: (1) The contr.actnr_will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include; but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or:other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the . notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of 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 r (7) in Executive Order 11246 of September 24, 1965, and such other sanctions may -be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the•prosisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROLLEE WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above. 6. TERMINATION OF TRAINEES OR ENR07.i,FRS 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. 7. TERMINATION s. The performance of work under the contract /subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor /Subgrantee shall default in per- formance of this contract /subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform- ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the extent to which performance of work under the contract/ subgrant is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract /subgrant for default, under (1) above, it is determined for any reason that the Contractor /Subgrantee was not in default pursuant to (1), or that the Contractor's /Subgrantee's failure to perform or to make progress in per- formance is due to causes beyond the control and without the fault or negligence of the Contractor /Subgrantee pursuant to the provisions of the clause of this contract /subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor /Sub- grantee shall: (1) Stop work under the contract /subgrant on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract /subgrant as is not terminated; (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; d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. e. In the event of the failure of the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer to agree in whole or in part, as pro- vided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor /Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (1) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) above, the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)(5) above, which are properly chargeable to the terminated portion of the contract /subgrant; (iii) There shall be included in the reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract /subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection' with the protection or disposition of termination inventory: Provided, ' however, That if the termination is for default of the Contractor /Subgrantee there shall not be included any amounts for the preparation of the Contractor's/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee payable under the contract /subgrant determined as follows: (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preserva- tion of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. The Contractor / Subgrantee shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of the fee, or any item of reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1 -8.1 of the Federal Procurement Regulations (41 CFR 1 -8.1), as the definition may be amended from time to time, the Contractor /Subgrantee may submit to the Prime Sponsor's Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Prime Sponsor's Contracting Officer, and may request the Prime Sponsor to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. c. After receipt of a Notice of Termination, the Contractor /Sub- grantee shall submit to the Prime Sponsor's Contracting Officer his termina- tion claim in the form and with the certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Prime Sponsor's Contracting Officer upon request of the Contractor /Subgrantee made in • writing within such one -year period or authorized extension thereof. However, if the Prime Sponsor's Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one -year period of any extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. 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's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TERMINATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a should this contract /subgrant be for experimental developmental or research work and the 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 - (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the default of the Contractor / Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the completion of work contemplated by the contract /subgrant, less fee payments previously made hereunder; or (B) In the event of the termination of this contract/ subgrant for the default of the Contractor /Subgrantee, the total fee payable shall be such proportionate part of the fee (or, if this contract /subgrant calls for articles of different types, of such part of.the fee as is reasonably allocable to the type of article under consideration) as the total number, of articles delivered to and accepted by the Prime Sponsor bears to the total number of articles of a like kind called for by this contract /subgrant. If the amount determined under this subparagraph (1) is less than the total payment, theretofore made to the Contractor /Subgrantee, the Contractor/ Subgrantee shall repay to the Prime Sponsor the excess amount. (2) If the settlement includes only the fee, the amount,thereof will be determined in accordance with subparagraph (1)(iv), above. (f) The Contractor /Subgrantee shall have the right of appeal, under the clause of this contract /subgrant entitled "Disputes," from any deter- mination made by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor /Subgrantee has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Prime Sponsor's Contracting Officer has made a deter- mination of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor / Subgrantee the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. • (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor /Subgrantee or sold pur- suant to the provisions of this clause and not otherwise recivered by or credited to the Prime Sponsor. (h) In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the chc cancellation or diversion of his outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor /Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and interest of the Contractor /Subgrantee under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor /Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more extensions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor /Sub- grantee within such one -year period or authorized extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason of the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. • (d) Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAY - MENT Clause of this contract / subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures in effect as of the date of execution of this contract / subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the 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 reasonablh' diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract / subgrant and the Con- tractor /Subgrantee shall be paid the agreed mount. T (f) The Prime Sponsor may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor /Subgrantee in connection with the terminated portion of this contract /subgrant whenever, in the opinion of the Prime Sponsor's Contracting Officer, the aggregate of such payments is within the amount to which the Contractor / Subgrantee will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the ,above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract / subgrant which is in the possession of the Contractor / Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. I ISTING OF EMPLOY*n3NT OPENINGS (This clause is applicable pursuant to bl CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, that all suitable emplcyment openings of the contractor which exist at the time of the execution 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 renor7.s to such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pur- suant to, this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, Executive orders, or regulations regarding nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly win the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the-central office of the State employment service. Sucr reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under t _ s contract. The Contractor shall maintain copies of the reports submitted anti_ :he expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by 'any authorized representatives of the Contracting Officer of of the Secretary of Labor. (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such estab- 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 ii to advise the State system of subsequent contracts. The Contractor may at the State system when it is no longer bound by this contract clause. (e) This clmus a doe's not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply • to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not - limited to, openings which occur in the following job categories: Production and nonproduction; plant and office;_laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on • a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. - (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- wealth of Puerto Rico, Guam, and the Virgin Islands: (3) "Openings which the Contractor proposes to"fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (b) "Openings which the Contractor proposes * * ' to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. • ;. 1 (6) "Veteran =of•the Vietnam era" means a person (A) who (ir served Active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,; or (ii) was discharged or released from active dutrfor marrtma7cooperteiYadisability 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 di =abled veteran or veteran of the Vietnam era believes that the Contractor (or any first -tier subcontractor) has failed or refuses to comply w-ith 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 infor'-e11y resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Vetera`s' Employment Service of_the Department of Labor. Such complaint shall then be • promptly referred through the Assistant Regional Director for Manpower to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the tern of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS Under the most compelling circumstances such as situations•where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the re- quirement of listing would otherwise not be in the best interests of the Government, a deviation from this subpart may be made, subject to the approval of the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for Manpower, U.S. Department of Labor, Federal Building - U.S. Courthouse, 1100 Commerce Street, 7th Floor, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. • r 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any dispute concerning a question of fact arising under this contract / subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor /Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract / subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to subcontracting any parts of this agreement. The Contracting Officer may, in his discretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. CONTRACT SIGNATURE SHEET PRIME SPONSOR: Coastal Bend Manpower Consortium P. O. Box 9277 Corpus Christi, Texas 784o8 CONTRACTOR: Texas Employment Commission . TEC Building Austin, Texas 78778 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, hereinafter referred to as Prime Sponsor and Texas Employment Commission - . 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 5.3-' 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 06 -01 -76 to 9 -30 -76 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 100,000' 1. Funds carried in from previous program year are $ -0- 2. New funds obligated are $ 100,000 3. (For Modification use only) This Action the total CETA funds obligated for this Contract by $... to (new level) $ APPROVED FOR THE PRIME SPONSOR: APPROVED FOR THE CONTRACTOR: DAY OF , 1976 DAY OF BY: BY: BY: , 1976 R. Marvin Townsend, City Manager Signature Jason Luby, Mayor Name 'and Title ATTEST: City Secretary Date APPROVED: DAY OF , 1976 City Attorney APPROVED: DAY OF , 1976 Director of Finnnre June 10, 1976 The unsigned data pertaining to TEC in this proposal has been sent to the Administrator of the Texas Employment Commission in Austin, Texas, Mr. Henry Rothell, for signatures. Mr. Bothell is the contracting officer for Texas Employment Commission. GRANTEE'S NAME AND ADDRESS Tex.s Employment Commission TEC Building Austin, Texas 78778 US. D1'PARTMI:NT OP LABOR • Manpower Administration CETA PROGRAM PLsNNNING SUMMARY b. GRANT NUMBER c. GRANT YEAR From d. TYPE OF PROGRAM To 1. 0 Title 1 3. CETllle 111 spac,ySummer 06 •61-76 1 09 -30-76 2. 0 True B 4. ❑ nue VI Youth N t- r.) ft- FOR REGIONAL OFFICE USE ONLY rtV CONTRACT KEY f) MOD. DATE 2 G M DO YY INSTRUCTIONS FOR COMPLETING SECTIONS 1, 11, AND III 1 Sec. l: A (Total Enrollments) Is the sum of A.1 atd A.Z. 8 (Total Terminations) 73 the sum of 8.1 through 5.3. C (Planned Enrollments) is A minus B. I- Sec. 1[: Enter In line (a) Enrollment' In each program activity cumulatively through the grant year. and In line (b) the number of participants planned to be enrolled In each program activity at the end of each pquarter; participants who are concurrently enrolled in more than one activity should be counted in each activity In which they ate enrolled. Sec. III: Enter the cumulative number of particlpantl In each segment to be enrolled during the gran year. Participants should be counted In as many significant segment groups as are applicable. 0 2 4 6 7 11 12 3 11 1716 le iGSiC 23: 2• P72 21.16 I. ENROLLMENT AND TERMINATION SUMMARY • GRANT YEAR- TO•DATE PLAN IV. OTHER ACTIVITIES (Reference IIFI • Indicate other activities or Racal prOQrams on Mach. resents. Describe their objectives and list milestones toward their achievement In 5 quantitative or narrative presentation. t - u REPORT O PERIOD A. TOTAL ENROLL. MENTS 1. Enron. rtlepa 2. Palk'. 069979Gmbd B. TOTAL TERMINA• TIONS 1. fnterys9 F.nployrrtsr a. Direct Munn. b. IndIrect Plants. c. O9talnad Envier/men 2. Olncr positive 3. Non potIIIoe C. PLANNED FNROLLMCNT. lend of q..rt.v 6 •,e bielis c -ay -- 0 9 1 0 9 7 lc) �• b. DATE SIGNED A con isa v� 11 D 3 67 Currently Enrolled 127 9 1 B Youth 10 2 a) Total Enrollments 1 2 7 1037 C • . 0 3 61 Currently Enrolled 7 2 7 D d — 1 !O 6 7 6 15 15 00 00 00 40 . nn 51 ' •p Si ' 00 61 00 66 00 71 15 76 ©© .21 23.44)25 26 31 36 41 . II. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES IV. OTHER ACTIVITIES (Reference IIFI • Indicate other activities or Racal prOQrams on Mach. resents. Describe their objectives and list milestones toward their achievement In 5 quantitative or narrative presentation. t - • SIGNIFICANT SEGMENTS A 6 C O E F CLASSROOM TRAINING On.IM•lob Training Pub. Service Errplpyrtrarst work EaovNnca Other ACtloltIH Prime Spans. 7/00 Ed. D 2 a) Total Enrollments 0 9 7 lc) �• b. DATE SIGNED A con isa v� 11 D 3 67 Currently Enrolled 0 9 1 B Youth 10 2 a) Total Enrollments 1 2 7 C • . 0 3 61 Currently Enrolled 7 2 7 D D 2 et Tutal Enrollments 0 3 7 10 3 bl Currently Enrolled 0 3 7 O 2 a) Total Enrollments 0 6 7 6 15 ~D 3 b7 Currently Enrolled 06 7 6 15 l' 1 2 3 222324,25126 31 36 41 46 51 111. SIGNIFICANT SEGMENTS V. I. SIGNATURE • • SIGNIFICANT SEGMENTS GRANT YEAR•TO•DArC PLAN SIGNIFICANT• SEGMENTS GRANT YEAR•TO -DATE PLAN 9/30 12/31 3/71 6/30 9/30 12/31 3/31 6/30 la) (b) k1 (d) (a) (b) lc) (d) b. DATE SIGNED A con isa v� F B Youth .L G C • 71 D I Texas Employment Commission TEC Building Austin, Texas 78778 FOR REGIONAL OFFICE USE ONLY O a o CONTRACT KEY � 0 d r 0 _ 1 2 2 a S 6 7 a 7 111217TH L• 16 a .E d oZ It CETA PROGRAM PLf,MNN1NG SUMMARY c GRANT YEAR d. TYPE OF PROGRAM From I . To I. ❑ Tllle 1 7, (if TItN RI Swclly Summer " . 06 -01 -76 09 -30 -76 2 0 T,510 ,I ,. r T115. VI Youth INSTRUCTIONS FOR COMPLETING SECTIONS I, II, AND I11 a Sec I: A (Total Enrollments) Is the sum of A.1 a71d A.2 B (Total Terminations) Is the mm of 6.1 throw 8.3. C (Planned Enrollments) Is A minus B. r Sec. 111 Enter In line (a) Enrollments In each program activity cumulatively through the grant year, and In lint j (b) the number of participants planted to be enrolled in each program activity at the end of each o quarter; participants who are concurrently ervo)Ied in more than one activity should be counted m each MM 00 VY < activity in which they are enrolled. See. 111: Enter the cumulative number of participants inti each e9 monl to enrolled led duetncgabthe qr ant year. Participants should be counted in as many ag oq groups MOD. DATE 7 (1 i1GSfti 23.2'..71272 2. TO . ENROLLMENT AND TERMINATION SUMMARY GRANT YEAR•TOOATE PLAN a C 1 0 c D 1 d G 1 8 1 2 3 A TOTAL B. TOTAL t• f. nt.ra,e REPORT ENROLL- 1. Enroll. 2. ParlKl- TERMINA• P09 000931 a. DIrKI D. Indlract e. Obtained PERIOD MENTS menu pants C�nlod TIONS Plemte. Monts. Env:doom, O 9 7 6 6o 6o 00 6o 21 00 18 03 • 0 2 3 3. Nm 095111 W 34 05 C PLANNED FNROLLMCNT, ( 1 '79,•n•. OO— • 7 0 6 7 A T2a2362AZ 26 41 61 7 11. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES A 1 CLASSROOM TRAINING D O 2 a) Total Enrollments O a a D D ID 2 0 9 76 AF. Sporn. 6o voc. Ed. C On•th.•uob Training D E ND. SeMC. Ea-Olormr5t Work Experience Oilier Activities D) Currently Enrolled a) Total Enrollments 0 9 76 00 2 7 3 51 Currently nrolled 2 al Total LnroIlo'ents 2 0 3 7 7 3 b) Currently Enrolled 3 3 a) Told Enrollments 0 3 7 D) Currently Enrolled 0 4 6 7 7 212...2a29..626 31 36 41 46 5t IV. OTHER ACTIVITIES (Reference IIF) Indicate other actnnme or specnl programs on anach• menu. Describe Iles objectives and list milestones toward their achievement in • auanhltauve or narrabva presentation. 111 SIGNIFICANT SEGMENTS SIGNIFICANT SEGMENTS A ECM 3 sa v e Youth C GRANT YEAR•T 9/30 12/31 n) ID) 0•DA re PL 3/31 101 AN 6/30 (0) SIGNIFICANT SEGMENTS GRANT YEAR•TO.DATE PLAN 9/30 12/31 la) (D) 3/31 1c) 6/30 10) 60 G H 0 V. .. SIGNATURE h DATE SIGNED MA 2.302 (2 PROGL - TITLE Texas Employment Commission — FY 1976 Title III Summer Youth SUPPLEMENT TO THE CETA - PPS . NUMBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM YEAR TO DATE. ONTH -YEAR II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CUMULATIVE PROJECTED EXPENDITURES BY MONTl- ULY UG. EFT.. CT. ov. • EC. AN. EB. ARCH PR' AY ' ine 1976 15 . 15 -o- No costs will be paid until July NSTRUCTIONS 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 'PPS. II. Enter the total planned number of individuals who will be in the program covered by this PPS on the last day of each month. Only individuals who have been declared eligible for and are receiving services•, training, or employment should be counted. The number in 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. PROGRR • TITLE Texas Employment Commission Tit1MII Summer Youth SUPPLEMENT TO THE CETA - PPS NUMBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM YEAR TO DATE. rEa -YEAR II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CUMULATIVE PROJECTED EXPENDITURES BY MONTE Y 60 57 29.400 ;, 1976 1976 6o 54 65,680 ?T. 1976 60 00 100,000 r. 7. 2. V. B. • RCH RIL Y NE STRUCTIONS 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•PPS. . II. Enter the total planned number of individuals who will be in the program covered by this PPS on the last day of each month. Only individuals who have been declared eligible for and are receiving services., training, or employment should be counted. The number in 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. GRANTEE'S NAME AND ADDRESS Texas Emplcymel.t „olmcissi::n TEC'Building Austin, Texas 78778 • D. FOR REGIONAL. OFFICE USE ONLY U.S. DEPARTMENT Or LABOR Manpower AdmtnlatralIon BUDGET INFORMATION SUMMARY 0. GRANT NUMBER C. TYPE OF PROGRAM 1. 0 me I 2. 0 T1117 11 3. XX T1112 III 4. C, rsprd(rl Summer Youth CONTRACT KEY aZ 9[9 10./ 11 121316 I5 3 u MOD. OA T 17, MM OD YY 16 11 la 19 20 21 22 E. 23 24125 2G 27 26 27 30 BUDGET SUMMARY COST CATEGORIES a. GNANT PflUGRAM FUNCI ION On ACTIVITY ESTIMATED UNEXPENDED FUNDS NEW OR REVISED BUDGET b. Federal 1. A,:nunnlration ' ®+' ^'� -i; `F ;`' 3. Wages • IMINIII. '1; .1. rump Benefits till . ,y ,i, Aipvrf $f y"', A 2G: 6• Servrcc, .. 101011 c. Nun•Federal vi 2 3 d. Foderal e. Non•Federae 2G 35 44 53 �9�00 -o- 1. TOTAL • 22 11,700 1,500 100 000 11,700 35 100,000 F. CUMULATIVE OUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES (For 011011 Endin • Yu 3 '•^ 21 22 %mu 2 3 i;> 21 22 23 24 Erma 22N�m 22 ®m ®fl 2 3 21 22 23 24 Em •3 ': 1. Prime Sponsor Obligations 3 2G �e, II ■ la 3 4 5 62 26 �i ®44 i � a� Wes" E 35 62 71 3 4 26 G 3 26 2. Total Protected Cxpenduures by Program S ill 35 44 62 35 ' 4. Clasttoom Training, Prime Sponsor 100,000 , III 44 53 b. On thoJob Training c. Public Scrvrce Employment . 62 4 Work Experience ' 71 71 . 2 71 3 c. Serves to Parltctp0ms 1 3 26 g 3 26 26 26 5. Olhn Athol: ins 35 35 UM ' 35 44 35 3 Pro sl curd Expenditures f,, Vocational Pd. In Syrnal Grants to Governors 4 Prs sleeted Fran µlrlurr, of !Ion Fed Funds 44 .. ,. 1 . 44 53 62 , �53 44 62 .■ 53 62 5. Other Fed ?•Inds Ilot n Prime Spon Grant 62 6 Grand To1,1 • Protected Expenditures • 71 100,000 71 S 71 rl MA 5 .f. 19 n TITLE I Fiscal Year 1976 Modification No. PROJECT COMPONENT 'BUDGET �—I TITLE II Ea TITLE III Summer•'Youth NAME OF CONTRACTOR: Texas Employment Commission FUNCTION OR ACTIVITY: Skill Training BUDGET' APPROVED CHANGES . REVISED BUDGET (f or -) BUDGET (1) ADMINISTRATIVE COST: $ 8,920 $ $ (2) WAGES: n/a (3) TRAINING: 11,700 (4) FRINGE BENEFITS: -O- (5) ALLOWANCES: 77,880 (6) SERVICES: 1,500 TOTAL $ 100,000 BACK -UP SUPPORT BUDGETS '1) ADMINISTRATIVE COSTS a. STAFF COSTS: b. FRINGE BENEFITS: (Staff) • c. CONSUMABLE OFFICE SUPPLIES: d. PROGRAM EVALUATION: e. ACCOUNTING SYSTEM: f. MANAGEMENT INFORMATION SYSTEM: g- STATE MANPOWER SERVICES COUNCIL: h. PRIME SPONSOR PLANNING COUNCIL: i. TRAVEL: Texas Employment Commissio:. FY 1976 Title III Summer Youth •BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET $ 2,824 $ $ 461 54 235' 417 n/a n/a n/a 220 j. RENT: n/a k. UTILITIES: n/a 1. CUSTODIAL SERVICES: n/a m. INDIRECT COSTS: n/a n. STAFF TRAINING: n/a 0. TECHNICAL ASSISTANCE: n/a p. EQUIPMENT: n/a q. MATERIAL: n/a r. CAPITAL IMPROVEMENTS: n/a s. PUBLICATIONS: nia t. AUDIT SERVICES: u. OTHER: (Specify)Tele L. D. 15 Tele Local 20 v. OTHER: (Specify)Computerized Payment 2,169 ,of allowances OTHER: (Specify)Postage 65 N/A ... OTHER: (Specify) Trainee Ins. 2,470 SUB -TOTAL $ 8,920 $ BACK -UP SUPPORT BUDGETS (1) Administrative Cost (Cont.) FRINGE BENEFITS (Staff): a: ANNUAL LEAVE: b. SICK LEAVE: c. COURT LEAVE: d. MILITAR LEAVE: e. FICA: f. LIFE INSUPNCE: g. REALM INSURANCE: Texas Employment Commissi FY 1976 Title III Summer Youth BUDGET APPROVED CHANGES REVISED BUDGET (y or —) BUDGET $ n/a $ n/a n/a n/a 165 n/a h. UNEHPLOYMrNT INSURANCE: 28 i. WOR1 N`S COMPENSATION: n/a j. RETIEETBNT BENEFITS: 212 k. OTHER: (Specify) State Retirement 10 Fee 1. (Specify) SUB —TOTAL n/a 461 $ $ • F BACK -UP SUPPORT BUDGET ,2) WAGES: (3) Texas Employment Commission FY 1976 Title III Summer Youth BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET a• ON- THE -JOB TRAINING: $ n/a $ $ b. TRANSITIONAL SUBSIDIZED EMPLOYMENT: n/a c• OTHER: (Specify) n/a d. OTHER: (Specify) n/a SUB -TOTAL $ n/a •$ $ TRAINING: a. SALARIES: b. FRINGE BENEFITS: c. TUITIONS: includes required fees, books, and uniforms d. ENTRANCE FEES: e. BOOKS: f. TEACHER'S AIDES: g. OTHER: (Specify) h. OTHER: (Specify) SUB -TOTAL n/a n/a 11.700 n/a n/a n/a n/a n/a $ 11,700 BACK -UP SUPPORT BUDGETS (4) FRINGE BENEFITS: (Participants) 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)Trainee Ins. 1. OTHER: (Specify) (5) ALLOWANCES: SUB -TOTAL Texas Employment Commissio. FY 1976 Title III Summer Youth BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET $ n/a $ $ n/a n/a n/a n/a n/a n/a n/a n/a n/a nta n/a n/a $ $ SUB -TOTAL $ 77,880 $ $ (6) SERVICES TO CLIENTS: BACK -UP SUPPORT BUDGETS Texas Employment Commission FY 1976 Title III Summer Youth BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET a. CHILD CARE: $ n/a $ $ b'. HEALTH CARE: n/a c. MEDICAL SERVICES: n/a d. RESIDENTIAL SUPPORT: n/a e. ASSISTANCE IN SECURING BONDS: n/a f. FAMILY PLANNING: n/a g. OUTREACH: n/a h. INTAKE AND ASSESSMENT: 600 i. ORIENTATION: n/a j. COUNSELING: 450 k. JOB DEVELOPMENT: 150 1. JOB PLACEMENT: 225 m. OTHER: (Specify)Testing 75 n. OTHER: (Specify) _,(a O. OTHER: (Specify) n/a SUB -TOTAL $ 1,500 $ $ TOTAL $ _p00,000 $ $ BACK-U? SUPPORT BUDGETS (6) SERVICES TO CLIENTS (Cont.) FRit:CE BENEFITS: (Staff) a. ANNUAL LEAVE: b. SICK LEAVE: c. COURT LEAVE: d. MILITARY LEAVE: e. FICA: f. LIFE INSURAiNCE: g. HEALTH INSURANCE: h. U`.IEZ PLOYiENT INSURANCE: 13 i. WORKMEN'S C0 PENSATION: n/a j. RETIREMENT BENEFITS: 94 k. OTHER: (Specify) 10 1. OTHER: (Specify) n/a SUB -TOTAL $ 250 $ $ APPROVED BUDGET Texas Employment Cormnissio FY 1976 Title III Summer Youth BUDGET CHANGES (-` or -) $ n/a $ $ n/a n/a n/a 73 n/a 6o REVISED BUDGET • POSITION TITLE SALARY PER NO. UNITS PAIO % OF TIME TO PO, TOTAL AMOUNT HOUR wu , HOURS Community Service Aids 3.16 126.59 176 4.4 100 557 Community Service Aids 3.22 128.81 704 17.6 100 2267 Total Administrative 2824 Community Service Aids 3.63 145.35 344 8.6 100 1250 Total Services 1250 • TOTAL STAPP THIS ►ROJJOOMP. 4074 TOTALS REHf SQUARE FEET RATE /SQ. FT. /MO. MO. IN USE NO.STAFF USING A USE TOTAL AMOUNT / •. RENT n( a A. RENT.... n /a ................ c. TOTAL nia NARRATIVE DESCRIPTION A. Objectives 1. The Texas Employment Commission Summer Youth Program is designed to provide skill training and skill training exploration to sixty economi- cally disadvantaged youth, ages 17 through 21, in the eleven county area for the purpose of preparing them to enter employment or further training upon completion of this program. 2. Specific Summer Goals: Based on 60 Slots. a. Provide skill training resulting in immediate employment for 15 youth in the above target group. b. Provide skill training resulting in either immediate employment or continued skill training for an additional 15 youth in the above target group. c. Provide skill training exploration, career choice assistance, and vocational training implementation for an additional 30 youth in the above target group. d. Counseling will be provided to aid participants in transitioning from CETA Title III to other assistance to begin on or about 10- 01 -76. This will enable them to continue needed training. 3. Participants Participants, in addition to above, will be unemployed high school graduates or equivalency certificate holders unless entrance require- ments are waived by the training institution based on standardized procedures for such waivers. Approximately 10% of these youth will be 17 years of age, 60% will be 18 to 19, and 30% will be over 19. B. Results and Benefits Expected 1. Plans are to place an estimated 12 to 15 trainees in Nurse Aid jobs in Alice, Premont, Falfurrias, Kingsville, San Diego, and Freer where a labor market is known to exist and an estimated 5 trainees in Front -End and Brake mechanic jobs in Beeville, Sinton, Refugio, and Corpus Christi. An estimated 7 to 10 trainees are expected to continue in Auto Mechanic training enabling them to become general mechanics. An estimated 25 to 30 trainees are expected to enroll in specific vocational training programs after completing the 8 week exploratory program. 2. Training Programs were chosen in shortage occupations to provide employ- ment upon completion of the summer program or upon completion of an extended vocational training program. Financial aid counseling has been planned at the beginning of the summer program to insure that trainees will have financial assistance to continue vocational training. 3. The skill training programs selected provide sufficient skill development to enable trainees to enter employment on completion. The Auto Mechanic training program provides one full quarter of a regular six quarter curriculum providing trainees with the option of continuing in training with other financial aid. The exploratory program provides trainees with an opportunity to gain knowledge needed to set a vocational goal. C. Approach 1. Content of Proposed program and services to be provided: 12 weeks of Nurse Aid training for 15 youth in the Jim Wells, Duval, Kenedy, Brooks, Kleberg County area. Training will be conducted at Bee County College in Alice. Trainees will exit to full -time employment. 9 weeks of Auto Mechanic (Front -End and Brake) training for 15 youth in the Bee, Refugio, San Patricio, Live Oak, and McMullen County area. Training will be conducted at Bee County College in Beeville. 8 weeks of skill training exploration for 30 youth in the Nueces, San Patricio, and Kleberg County area. Training will be conducted at Del Mar College in Corpus Christi. After 8 weeks of exploration, participants may be enrolled in specific skill training in a shortage occupation for 14 weeks (the month of September) on CETA Title III tuition and training allowance to help them get started in a career oriented vocational training program. Participants will exit to continued skill training through BEOG or other financial assistance including CETA Title I. a. Recruitment will be provided by Coastal Bend Youth Services through their contacts with area high schools. Selection will be made by TEC CETA personnel based on CETA eligibility guidelines. Only the economically disadvantaged will be eligible for this program and heads of household will be given first priority. , b. When eligible veterans are available they will be given priority in this order:.disabled, special, those who served in the Armed Forces and received other than a dishonorable discharge within 4 years before the date of their application. 2. Management and Administrative Plan a. Internal administrative and accounting controls, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs.and other policies as may be necessary to promote the effective use of funds are governed by standard policies and procedures of Texas Employment Commission. Whenever possible, placements are verified with employers. Exit interviews and follow -up with training institutions are also used. b. Program activities will be assessed and evaluated through monitoring visits to the training institutions, counseling interviews with trainees, contacts with employers, and questionnaires to trainees and employers. Program goals will be met when 85% of enrollees complete the summer program and are placed on jobs or terminated under positive circumstances. c. Since this is a temporary program it will operate under the supervision of the TEC CETA Coordinator with administrative services, intake and assessment, counseling testing, job development, and job placement performed by three community service aids hired for this special summer program. d. Allowance payments will be made at the rate of $2.30 per class hour attended. Payments will be computer processed by the State Office of Texas Employment Commission according to procedures outlined in the Texas Employment Commission CETA Payments Manual. e. Texas Employment Commission has an established procedure for handling grievances and appeals. This procedure is provided participants in writing, a copy of which is attached labAled attachment A. f. Texas Employment Commission has an Affirmative Action Program to insure equal employment opportunity. It will comply with Title VI of the Civil Rights Act of 1964 prohibiting employment discrimination in employment or other grant. -aided activity. 3. Cost Plan a. Administrative costs are estimated at $6,500 or 6.5% of the total grant cost. b. Program activities and participant services arelestimated at $93,500 or 93.5% of the total grant cost. D. Geographic Locations Served 1. Training Facilities will be located in Alice, Beeville, and Corpus Christi. 2. Participants will be recruited from all eleven counties of the Consortium area. E. Personnel Policies and Procedures Texas Employment Commission has established personnel policies and procedures that are compatible with the personnel policies and procedures adopted by the Consortium. PARTICIx'AAT GRIEVAVCES - APPEALS rROCEDURES t•'GR TAR cohsT-u BEI,D viAitTOWER CUJS(RTIIJM Al, participants in CETA have rights to appeal a grievance under the Department c.bcr's Hearing rrocedures, A grievance for these procedures is defined as: a participant's unresolved dissatisfaction with any aspect of working conditions cr working relationshLps which the participant brings to the attention of the immediate supervisor (teacher, counselcrj. When a CETA agency proposes to tale adverse action against a participant, it shall notify the participant cf the grounds for the'proaosed action and give the participant an opportunity to respond. All local level attempts (Step 1 through Step 4) will be exhausted to settle the grievance before filing with the Regional Director fur iianpower, united States Department of labor; and a Texas- Lrnpl.yment Commission representative will assist the participant at each step in the procedure if desired. Step I - Immediate Supervisor, Teacher or Crunselor Step II - Program (aerator - TEC - Training racility Step III - mime Sponsor - City of Corpus Christi iianpower Training Coordinator Step IV - Executive Board - Coastal Send Consortium Executive Board Procedure: 1. Present the Grievance in writing to the immediate supervisor, teacher or counselor. 2. The • iarticipants may select one other person, at no expense to the program to represent them in the procedure. Hi..wever, they must be present at each Grievance step. 3. The supervisor, teacher cr counselor will arrange to discuss the grievance with the participant within 5 worling days and will convey the disposition regarCinG the grievance within 2 working days follow- ing conclusion of the .neet. nL. 4: if there is no response to the grievance within 5 working days, the participant may present the &rievance directly to the program opera- tor where the grievance arse. 5. If the grievance is settled at this point, no further action is neces- sary. If not, the supervisor, teacher or counselor mast, within 5 working days, arrange a meeting with the program operator and attempt resolution at Step II. I£ you have any question about your right to appeal grievances contact a TEC, CETA representative. (882 -7491) Attachment A 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, asCP referred to as 87 Stat. 839 and P.L. 93 -567, 88 Stat. 1845), hereinafter the Act, and with the regulations and policies promulgated thereunder; and b. It will comply with OMB Circular number A -95 and Federal Management Circulars (FMC) 74 -4 and 74 -7, as those circulars relate to functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, and other documents under the Act. • 2. The applicant further assures and certifies that If the regula- tions promulgated pursuant to the Act are amended or revised, it shall comply with them or notify the Regional Administrator for Employment and Training Administration (RA) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the RA 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; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's .governing body, authorizing the filing of the application, including all understandings and assn =ances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the .application and to provide such additional information as may be required (sections 102(a); 701(a)(9) and (10)). b. It will comply with Title VI of the Civil Rights Act of 1964, (F.L. 88 -352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide eaplciyr'cnt or (2) dis- criminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. Revised Nay, 1976 d. No person with responsibilities in the operation of any prol- will discriminate with respect to-any program par- gram under tan Aat licant for participation in such program because of race, , ct race or any PP sex, age, political affiliation or creed, color, national origin, beliefs (section 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) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. f. It will comply with the provisions of the Hatch Act which limit the political activity of employees. • g,' It will comply with the requirement that no program under the Act shall involve political activities (section 710). h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, par- ticularly those with whom they have family, business, or other ties (section 702(a)). i. It will give the Department nofti aborta and atthe esComptroller ere General through any authorized rep er documents related to the right to examine all records, books, papers, grant (section 713(2)). j. Participants in the program will not be employed on the con- . or maintenance of that part of any facility which isrusedof P (section 703(3)). is used for religious instruction or worship (s k. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). appropriate and 1. Conditions of employment or training will be app r0 P reasonable with regard to the type of work, the geographical rggion and the proficiency of the applicant (section 703(4)) - in. Provision of workmen's compensation protection to participants Work experience, or public service employment nther in on-the-job nde training, soothers programs under the Act at the same level acid to the same extent a covered by a State or industry compensation of she statute; and provision no of workmen's compensation insurance oompedsatlon dtacute; and p ur or disease resulting from participation to those individuals engaged in any program activity or medical and accident insurance for injury their Revised play, 1976 under the Act, i.e., work experience, on- the -job training, public service employment, classroom training, services to participants, 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 workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). p. Training and related services will, to the extent practicable, be consistent with every individual's fullest capabilities and lead to - employment opportunities which will enable participants to become econom- ically self- suffident (sections 703(9) and 103(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 otherwise be available for the planning and administration of programs under the eligible applicant's grant (section 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the pur- poses and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets - the special needs of disadvantaged, chronically unemployed, and 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 con- trols, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of youth in the area served (section 703( 15), and will assure that: 'Revised gay, 1976 (1) Individuals receiving training on the job shall be com- pensated by the employer at 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 111(b)). (2) Persons employed in public service jobs under this Act shall be paid wages which shall not be rower than whichever is the highest of (a) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof. 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 employed: in similar public occupations by the same employer (section 208(a)(2)). w. It will comply with the labor standards requirements set out in section 706 of the Act. x. Services and activities provided under this Act will be ad- ministered by or under the supervision of the applicant (sections 105 (a) (1) (B) and 205 (c) (1)) . y. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. z. If the applicant is financed by letter of credit: (1) Letter of credit cash drawdowns will only be initiated when actually needed for its UA grant(s) disbursements; (2) Timely reporting of cash disbursements and balances will be made to the Manpower Administration as required; (3) It will impose the same standards of timing and amouut upon any secondary recipients including the furnishing of reports of .cash disbursements and balances, B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the applicant assures and certifies that: Revised Hay,' 1976 n o 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited - English- speaking ability, and that the need for continued funding of programs of demonstrated- effectiveness is considered in serving such persons (section 105(a)(1)(D)). - 2. Programs of institutional skill training shall be designed for occupations in which skill shortages exist (section 105(a)(5)). 3. The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of the Act (section 105(b)). 4. It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (section 105(a)(7)). 5. Special consideration will be given to the needs of 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 date of their application. Each prime sponsor in selecting participants for programs funded under Title I of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part -time opportunities for such veterans. The prime sponsor should utilize the assistance of the State and local veterans employment service representative in formulating its program objectives. On a' continuing and timely basis, information on job vacancies and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional. Assurances Relating to Public Service Employment Programs 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 employ - man[. by providing complementary training and manpower services designed to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the 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 of section 604 of the Act, provided, however, that nothing contained in Revised Play, 1976 this paragraph shall be construed to preclude persons or programs for whop the foregoing goals are not feasible or appropriate (sections 205(c)(6) and 604). • 2. To the extent feasible, public service jobs shall be provided in _ occupational fields which are most likely to expand within the public or private sector "as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6). and 604). 3. Special consideration in filling transitional public service jobs will be given to unemployed persons who are the most severely disadvantaged in terms of the length of tine they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any per- son 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 otherwise be 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 whoa 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 to assist (section 205(c)(18)). 8. Where appropriate, it will maintain or provide linkages with up -• grading 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 per-anen t • careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604), Revised May, 1976 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 disadvantaged (section 205(c) (21)). 10. Not more than ono- 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 limita- tion 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 juris- dictions and the needs of the agencies (section 205(c)(23)). 12. The jobs in each job category in no way infringe upon the promo- tional opportunities which would otherwise be available to persons cur- rently employed in public service jobs not subisidized under the Act, and assure that no job will be filled in other than an entry level posi- tion in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)). 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the-Act (section 205(c)(25)). D. Additional. Assurances for Title II Programs. All assurances in C above apply to activities funded under Title II. In addition, the appli- cant will assure that: (1) Only persons,residing within the areas of substantial unemploy- ment qualifying for assistance will be hired to fill jobs created under • Title II 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 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 re- ceived other than a dishonorable discharge within four years before the date of their application. Each eligible applicant selecting participants for progra.:i funded under Title II of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort Revised May, 1976 should be made to develop appropriate full or part -tine opportunities for such veterans. In order to insure special consideration for veterans, all public service employment vacancies under Title II, except those to Which former employees are being recalled, must be listed with the State employment service at least 4E hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veternns specified above. If .sufficient numbers of veterans are not available, the employment service, upon re- quest, may also refer members of other significant secznents. All other applicants are to be referred after the. 4S -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 II of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of Emergency f disseminating natind nformation to eligible veterans (section 104(b) Unemployment Assistance Act of 1974). E. Additional Assurances for Title VI Programs. All assurances in C above apply to activities funded under Title 1'I. In addition the appli- cant will assure that: 1. Only persons residing in the area served by the eligible appli- cant under Title VI 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 TitleVI Act to an area of substantial unemployment ject and program opportunities to persons residing in those areas of sub- stantial unemployment (section 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, consistent with provisions of the Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons wbo are not eligible for unemployment insurance benefits (except persons lacking work experience) and to unemployed persons 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 pro- visions of section 108 and section 107 of the Act. Revised Pfay, 1976 ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been duly authorized.' (Legal Name of Applicant) (Address) (Signature of Authorized Officer) (Typed Name & Title of (Date of Application) Authorized Officer) Revised Hay, 1976 • SPECIAL CLAUSES 1. CHANGES a. The Prime Sponsor's Contracting Officer may at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of this contract, in any one or more of the following: (1) drawings, designs, or specifications; (2) in the method or manner of performance of the work; (3) in the Government- furnished facilities; (4) method of shipment or packing; or (5) place of delivery. b. Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order,and that the Contractor /Subgrantee regards the order as a change order. - c. Except as herein provided, no order, statement„; or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle -the Contractor /Subgrantee to an equitable adjustment hereunder. - x•` 4 d. If any change under this clause causes an increase or decrease in the Contractor's /Subgrantee's cost of or the time required for, the per- formance of any part of the work under this contract, whether or not changed by any such order, an equitable adjustment shall be made and the.contract modified in writing accordingly:' Provided, however, That no claim for•any change under (b) above shall be allowed for any costs incurred more "than 20 days before the Contractor / Subgrantee gives written notice as "therein • required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Prime Sponsor's Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be included in the notice under (b)'iabove. 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. NONDISCRIMINATION It is the policy of the Executive Branch of the Government that (a) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government con- tracts, a maximum age limit for such employment unless the specified maxi- mum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 3. CHILD LABOR No trainee or enrollee under 18 years of age will be employed in any occupation which the Secretary has found to be particularly hazardous for persons between 16 and 18 years of age (a list of such occupations is published at 29 CFR Part 1500, Subpart E). Any eligible trainees and enrollees under 17 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 1500, Subpart C. . 1,uAL OPPORTUNITY CLAUSE During the performance.of this contract, the contractor agrees as follows: (1) The contractnr_will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representa- tive of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized r (7) in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the•procisions of paragraphs (1) through (7) in every subcontract or purchase order unleS exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. 5. TRAINEE OR ENROTT.RF WAGES The hourly wages paid to enrollees or trainees shall not be less than the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State, or local laws if it is higher than that stated in Item Number 1 above: 6. TERMINATION OF TRAINEES OR ENRO1•T•FES 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. 7. TERMINATION a. The performance of work under the contract /subgrant may be terminated by the Prime Sponsor in accordance with this clause in whole, or from time to time in part: (1) Whenever the Contractor /Subgrantee shall default in per- formance of this contract /subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor / Subgrantee to make progress in the prosecution of the work hereunder as endangers such perform - ance),and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice specifying the default; or (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of the Prime Sponsor. Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor / Subgrantee or for the convenience of the Prime Sponsor, the extent to which performance of work under the contract/ subgrant is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract /subgrant for default, under (1) above, it is determined for any reason that the Contractor /Subgrantee was not in default pursuant to (1), or that the Contractor's /Subgrantee's failure to perform or to make progress in per- formance is due to causes beyond the control and without the fault or negligence of the Contractor /Subgrantee pursuant to the provisions of the clause of this contract /subgrant relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. b. After receipt of a Notice of Termination and except as otherwise directed by the Prime Sponsor's Contracting Officer, the Contractor /Sub- grantee shall: (1) Stop work under the contract /subgrant on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract /subgrant as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termina- tion; (b) Assign to the Prime Sponsor in.the manner and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title and interest of the Contractor /Subgrantee under the orders or subcontracts so terminated in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termina tion of such orders and subcontracts; (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final and conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reim- bursable 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; .(8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be' necessary, or as the Prime Sponsor's Contracting Officer may direct, for the protection and preserva- tion of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has . or may acquire an interest. The Contractor / Subgrantee shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of the fee, or any item of reimbursable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1 -8.1 of the Federal Procurement Regulations (41 CFR 1 -8.1), as the definition may be amended from time to time, the Contractor /Subgrantee may submit to the Prime Sponsor's Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Prime Sponsor's Contracting Officer, and may request the Prime Sponsor to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter, the Prime Sponsor will accept such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Prime Sponsor's Contracting Officer upon removal of the items or, if the items are stored, within forty -five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. c. After receipt of a Notice of Termination, the Contractor /Sub- grantee shall submit to the Prime Sponsor's Contracting Officer his termina- tion claim in the form and with the certification prescribed by the Prime Sponsor's Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Prime Sponsor's Contracting Officer upon request of the Contractor / Subgrantee made in writing within such one -year period or authorized extension thereof. However, if the Prime Sponsor's Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one -year period of any extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason for the termination and shall thereupon pay to the Contractor /Subgrantee the amount so determined. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor /Subgrantee by reason of the total or partial termina- tion of work pursuant to this clause. The Contract /subgrant shall be amended accordingly, and the Contractor /Subgrantee shall be paid the agreed amount. - e. In the event of the failure of the Contractor / Subgrantee and the Prime Sponsor's Contracting Officer to agree in whole or in part, as pro- vided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor / Subgrantee by reason of the termination and shall pay to the Contractor /Subgrantee the amount determined as follows: (1) If the settlement includes cost and fee -- (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract /subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor /Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) above, the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)(5) above, which are properly chargeable to the terminated portion of the contract /subgrant; (iii) There shall be included in the reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract7subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor / Subgrantee there shall not be included any amounts for the preparation of the Contractor's/ Subgrantee's settlement proposal; and (iv) There shall be included therein a portion of the fee payable under.the contract /subgrant determined as follows: • (A) In the event of the termination of this contract/ subgrant for the convenience of the Prime Sponsor and not for the defaultm of the Contractor / Subgrantee, there shall be paid a percentage of the fee equivalent to the percentage of the completion of work contemplated by the contract / subgrant, less fee payments previously made hereunder; or (B) In the event of the termination of this contract/ subgrant for the default of the Contractor /Subgrantee, the total fee payable shall be such proportionate part of the fee (or, if this contract /subgrant calls for articles of different types, of such part of the fee as is reasonably allocable to the type of article under consideration) as the total number, of articles delivered to and accepted by the Prime Sponsor bears to the total number of articles of a like kind called for by this contract /subgrant. If the amount determined under this subparagraph (1) is less than the total payment, theretofore made to the Contractor /Subgrantee, the Contractor/ Subgrantee shall repay to the Prime Sponsor the excess amount. (2) If the settlement includes only the fee, the amount thereof will be determined in accordance with subparagraph (1)(iv), above. (f) The Contractor /Subgrantee shall have the right of appeal, under the clause of this contract /subgrant entitled "Disputes," from any deter- mination made by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor / Subgrantee has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Prime Sponsor's Contracting Officer has made a deter- mination of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor /Subgrantee the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Prime Sponsor's Contracting Officer, or (2) if an appeal has been taken; the amount finally determined on such appeal. (g) In arriving at the amount due the Contractor /Subgrantee under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the Contractor /Subgrantee, applicable to the terminated portion of this contract /subgrant, (2) any claim which the Prime Sponsor may have against the Contractor /Subgrantee in connection with this contract /sub- grant, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor / Subgrantee or sold pur- suant to the provisions of this clause and not otherwise recivered by or credited to the Prime Sponsor. (h) In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the v 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's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by reason of the circumstances. (J) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee. 8. TERMINATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a should this contract /subgrant be for experimental developmental or research work and the 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 personal services and extending beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments the Contractor / Subgrantee agrees to (1) settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he may require, which approval or ratification shall be final for all purposes of this clause, and (2) assign to the Prime Sponsor, in the manner at the time, and to the extent directed by the Prime Sponsor's Contracting Officer, all of the right, title, and interest of the Contractor / Subgrantee under the orders and subcontracts so terminated, in which case the Prime Sponsor shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. (c) The Contractor / Subgrantee shall submit his termination claim to the Prime Sponsor's Contracting Officer promptly after receipt of a Notice of Termination, but in no event later than one year from the effective date thereof, unless one or more extensions in writing are granted by the Prime Sponsor's Contracting Officer upon written request of the Contractor /Sub- grantee within such one -year period or authorized extension thereof. Upon failure of the Contractor /Subgrantee to submit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract /subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor/ Subgrantee by reason of the termination and shall thereupon pay to the Contractor/Subgrantee the amount so determined. (d) Any determination of costs under paragraph (c) shall be governed by the cost principles set forth in the ALLOWABLE COST, FIXED FEE, AND PAY- MENT Clause of this contract / subgrant. (e) Subject to the provisions of paragraph (c) above, and subject to any review required by the Prime Sponsor's contracting agency's procedures_ in effect as of the. date of execution of this contract / subgrant the Contractor /Subgrantee and the Prime Sponsor's Contracting Officer may agree upon the whole or any part of the amount of amounts to be paid to the Contractor /Subgrantee by reason of the termination under this clause, which amount or amounts may include any reasonable cancellation charges thereby incurred by the Contractor /Subgrantee and any reasonable loss upon out- standing commitments for personal services which he is unable to cancel: Provided, however, That in connection with any outstanding commitments for personal services which the Contractor /Subgrantee is unable to cancel, the Contractor /Subgrantee shall have exercised reasonable diligence to divert such commitments to his other activities and operations. Any such agreement shall be embodied in an amendment to this contract /subgrant and the Con- tractor /Subgrantee shall be paid the agreed amount. (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 entitle;l hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor /Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. (g) The Contractor /Subgrantee agrees to transfer title to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including; (1) Completed or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary,; or as the Prime Sponsor's Contracting Officer may direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor /Subgrantee and in which the Prime Sponsor has or may acquire an interest. 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor - and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable_to construction procurement. 10. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, that all suitable employment openings of the contractor which exist at the time of the execution'o: this contract and those which occur during the performance of this contract, including those not generated by this contract and includin_ 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 the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic•.:_ar group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, Executive orders, or regulations regard.` - =g nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly wi.h the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office,o£ the State employment service. Such reports shall indicate for each establishment (i) the number of individuals u .:, were hired during the reporting'period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under t _ s contract. The Contractor shall maintain copies'of the reports submitted until .e expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer of of the Secretary of Labor. 1 (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such estab- 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 A� . to advise the State system of subsequent contracts. cTherContrclause. ctmay advise the State system when it is no longer bound by (e) This clause does not apply to the listing of employment openings which occur `and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; (f) This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply • to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (g) As used in this clause: • (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonprbduction; plant and office;,laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on • a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment Of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. • (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Common- wealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings, which the Contractor proposes to fill from within his own organization means employment openings for which no consideration will be given to persons outside the Contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes * * * to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a specigl hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. • r - (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge,, or (ii) was discharged ' or released from active duty Yor etadisability if any part of such duty was performed after August 5,'1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that Contractor (or any first -tier subcontractor) has failed or refuses to comply �_ta the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employment Service of the Department of Labor. • Such complaint shall then be promptly referred through the,Assiatant Regional Director for Manpower to the Secretary of Labor who shall investigate such, complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. (1) The Contractor agrees to place this clause (excluding this paragraph (i) in any subcontract directly under this contract. 11. DEVIATIONS , Under the most compelling circumstances such as aituatlons' where the needs of the Government cannot reasonably be otherwise supplied, where listing of employment openings would be contrary to national security, or where the re- quirement of listing would otherwise not be in the beat interests 'of the ' Government, a deviation from this subpart maybe made, subject to the approval of the Secretary of Labor. Requests for any such deviations shall be addressed to the Assistant Regional Director for Manpower, U.S. Department of Labor, , Federal Building - U.S. Courthouse, 1100 Commerce Street, 7th Floor, Dallas', Texas 75202', wherein the contract is to be signed, and shall set forth the reasons for the request. . • r t 12. DISPUTES a. Except as otherwise provided in the contract /subgrant, any dispute concerning a question of fact arising under this contract /subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor /Subgrantee. The decision of the Prime Sponsor's Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor / Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial. evidence. In connection with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor/ Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law . questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative or board on a question of law. 13. SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to subcontracting any parts of this agreement. The Contracting Officer , may, in his discretion, ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. 14. COURT ACTIONS The subcontractor agrees to give the Prime Sponsor immediate notice in writing of any actions or suits filed and prompt notices of any claims made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. 15. ORDER OF PRECEDENCE In the event there are inconsistencies or conflicts in the grant and /or contract, unless otherwise provided, thereon, the inconsistencies shall be resolved by giving precedence in the following order: 1. The Act (Public Law 93- 203, 87 Stat.• 839) 2. The regulations as approved by the Secretary of Labor 3. Special Clauses 4. FMC 74 -7 5. FNC 74-4 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. 16. Motions passed by the Consortium Executive Board: June 13, 1974 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 maximum salary under CETA monies, for one year, not exceed $15,000 and that those agencies involved in those programs, provide the extra monies, if there is a need, to augment the yearly salary. 3. 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. AMENDMENT TO APPROVED MOTION #3 (6- 17 -74): That each CETA employee be allowed a maximum of 12* per mile car allowance 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. June 2, 1975 7. That no contractor exceed 17% for administrative cost. 8. AIRIDNENT TO APPROVED NOTION #4 (6- 17 -74): That all out -of- area travel for any program have clearance by the staff. July 17, 1975 9. A1ENDNENT TO APPROVED MOTION #5: Allowance of up to 16¢ 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. FM 74 -7 CERTIFICATION - FOR ' CASH DEPOSITORIES ATTACICNNT 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 t Name (Signature) (Date) (Type Name) (Title) (Signature) (Date) (Type Name) (Title) _.:EMENT FOR SPECIAL BANK ACCOUNT The hereinafter referred to as the Contractor; the Administrative Unit of the Consortium hereafter called the Prime Sponsor and a banking corporation located at hereinafter referred to as the Bank, hereby-mutually agree-as follows: 1. As a condition to the making of advance or supplemental payments under the Contract . 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 " 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 authorized to incur and pay costs on behalf of the contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The prime sponsor shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the prime sponsor. 7. Authorized representatives of the prime sponsor shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bank Account. 8. All moneys deposited in the Special Bank Account are public moneys ' subject to the requirements of Title 12 Section 265 U.S.C. The Bank agrees to take all necessary measures to qualify with the Secretary of the Treasury as a depositary of public money and to deposit satisfactory security by the deposit of United States bonds or otherwise, for the safekeeping and prompt payment of the aforesaid public moneys as required by the regulation of the Secretary of the Treasury and Title 12 Section 265 U.S.C. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the last day of signing set forth below. BANK USE BANK COLLATERAL SANK NAME BANK COLLATERAL required, based upon estimated maximum bank balance, (exclndin FDIC -coverage of $40,000, is $ IGNATURE DATE YPE NAME ITLE CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME IGNATURE DATE SIGNATURE DATE YPE NAME TYPE NAME ITLE TITLE G` AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of 937,500 is hereby authorized. Subsequent payment must be requisitioned monthly on a form prescribed by the Administrative Unit in conformance with federal requirements as outlined Sr. 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, Lhe first day of which shall be the first day of the month in which the report :s due. All initial and subsequent advance payments will be made without interest. The contracting officer hereby determines that the making of such advance payments without interest is in the public interest. CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of-Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, 4 Organization of Chief Financial Officer Check if one has not been appointed or designated. Jack Howison Fiscal Officer Texas Employment Commission 2. Will the Accounting System be directly maintained by you? l 1 Yes LI No (If No, who will maintain the account- ing system? Name and Address 3. Are you Familiar with the Department of Labor Audit Requirements? Yes No 4. Description of your Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) 1. The Texas Employment Commission has an established automated accounting system with internal controls adequate to safeguard its assets, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with government requirements and accounting procedures with respect to cost - reimbursement type contracts. The Texas Employment Commission is required to use the STATE EMPLOYMENT SERVICE COST ACCOUNTING SYSTEM developed by the Manpower Administration of the Department of Labor and audited by the Department of Labor. 2. Texas Employment Commission will furnish Report 61, Status of Obliga- tional Authority, Report 92A, Indirect and Direct Cost, and other applicable reports normally generated by the State Cost Accounting System as the only required backup to monthly invoices and financial reports and that this system is an acceptable accounting system in measuring program costs and as an equitable means of distributing Central Office opera- tional charges. USE CONTINUATION SHEET IF NECESSARY - L: :- iIFICATION: I certify that to the best of my knowledge and belief this report is arrect and complete - and Title of Authorized Official Telephone No. and Area Code Jack Howison, Fiscal Officer 512/472 -0251 Signature Date of Execution • BONDING REQUIREIENTS • 1. List of persons authorized to sign checks or withdraw funds from the Special Bank Account. 2. Copy of Bond covering those persons. INSURANCE REQUIREMENTS 1. Copy of Workingmen's Compensation Policy including persons covered or similar type of Insurance for the same purpose. INSURANCE Insurance policies providing the required coverage will be provided to.the Prime Sponsor prior to the enrollment of participants to be served in this program. 3R: ' Coastal Bend Manpower,Consortium P.O. Box 9277 Corpus Christi, TX 78408 CONTRACTOR: Jobs for Progress, Inc. SER 1201 South Port Avenue • Corpus Christi, TX 78405 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, hereinafter referred to as Prime Sponsor and SER /Jobs for Progress, Inc. 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 „.5-1 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 June 14, 1976 to September 30, 1976 B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 1. Funds carried in from previous program year are $ NA • 2. New funds obligated are $ 42,000.00 - 3. (For Modification use only) This Action NA the total CETA funds obligated for this Contract by $ NA to (new level) $ NA 42,000.00 • • APPROVED FOR THE PRIME SPONSOR: DAY OF , 1976 APPROVED FOR THE CONTRACTOR: 28 DAY OF May , 1976 BY: - BY: BY: R. Ma Townsend, City Manager Mayor ignar/re Eppy Gonzales, Board Chairman Name and Title ATTEST: City Secretary APPROVED: DAY OF , 1976 Date Director of Finance APPROVED: / l DAY OF t + , 1976 City Attorney CETA- January, 1976 GRANTEE'S NAME AND ADDRESS for Progress, Inc. (SER) S. Port Ave. pus Christi, TX 78405 U.J. IlisPAR I MItN 1 171' LAIIOII • Manpower Aelnnnurrarrun CETA PROGRAM PLANNING SUMMARY c. GRANT YEAR From To • 1. D Title 1 3. }7 Title 111 Specuy0JT June 14, 1976 I Sept. 30, 1976 2. D Title n 4. 0 Title VI d. TYPE OF PROGRAM summer . Youth FOR REGIONAL. OFFICE art h CONTRACT KEY to art oz MOO. DATE MM DD YY w F O O O 0 1 2 3 4 6 7 a 0 10(11 12 13 6 L' 16 1711 Sec. 1. INSTRUCTIONS FOR COMPLETING SECTIONS I, II, AND 111 A (Total E'nrollnents) Is the sum of A.1 and A.2. 8 (Total Terminations) is the sum of B.1 through B.3. C (Planned Enrollments) is A minus B. Sec. 11: Enter in line (a) Enrollments in each program activity cumulatively through the grant year, and In line (b) the number of participants 'planned to be enrolled In each program activity at the end of each quarter; participants who are concurrently enrolled in more than one activity should be counted in each activsly in which they are enrolled. �— Sec. 111: Enter the cumulative number of participants In each segment to be enrolled during the gran year. 222232425 720 2, ll Participants should be counted in as many significant segment groups as are applicable. • I. ENROLLMENT AND TERMINATION SUMMARY GRANT YEAR- TO•DATE PLAN • • • • u REPORT O PERIOD A. TOTAL ENROLL- MENTS 1. Enrol!. menu Dish. B. TOTAL 2. Partial. TERMINA• Pants tarried TIONS Over 1• EnterMg Employmas a. Direct Piemts. b. Indirect Plemts. c. Obtained Employmen 2. Other Positive 3. N Doiltive C. PLANNED ENRC1LLM054P (end of roadie 0 5 0 0 0 0 2 3 - 52 INE 9_• ;26 57 57 0 57 52 0 0 0 2 3 0' 1:1 EC ,• •. 2132:)232425 ... • . • 26 31 36 41 4G . 51 SG I 01 66 71 76 II. PLANNED ENROLLMENTS IN PROGRAM ACTIVITIES A I B C D E CLASSROOM TRAINING Ihirne Spans. O 2 D 0 D 06� 6 3 b) Currently Enrolled 2 a) Total Enrollments 3 . bl Currently F.nrollen 1 Voc, Ed. On- the -Job Training Pub. Service Employment Work Elmer !once Other Activities 57 6 7 6 52 9 9 7 6 6 57 0 O O D D 1 2 3 2 a) Total Enrollments 7 3 b) Currently Enrolled a) Total Enrollments 7 3 h) Currently Enrolled 0 6 7 21272324 25 26 31 30 R1 46 61 IV. OTHER ACTIVITIES • (Reference IIF) Indicate other activities or special programs on attach. menu. Describe their ob(ectives and list milestones toward their achievement in a quantitative or narrative Presentation. 1 III. SIGNIFICANT SEGMENTS :ANT NTS Yconomically d isatt ,antage youth NT YEAR•TO.OATE PLAN %3 97315" 12/41 9/31' (b) (c) (4) SIGNIFICANT SEGMENTS GRANT YEAR•TO•OATE PLAN 9/30 12/31 3/31 la) (b) (c3 6/30 V. a. SIGNATURE Eppy Gonzales, Board Chairman' (d) 57 F d 0 H b. DATE SIGNED 5/28/76 .SUPPLEMENT TO THE CETA - PPS NUMBER OF INDIVIDUALS PLANNED TO BE SERVED, PROGRAM YEAR TO DATE. )NTE -YEAR II. NUMBER OF INDIVIDUALS PLANNED TO BE ENROLLED AT END OF EACH MONTH. III. CUMULATIVE PROJECTE. EXPENDITURES BY MON' June 11t June 30 • 57 52 $10,490.00 ,; July ' 52 • 20;980.00 August - 52. 31,470.00 . ' "Scpt Sept. 30 -0- '42,000.00 October • • • Nov. • _r Dec. . Jan. . Feb . March 0 • :April - •• - • • . . •. . May . • • RSTRUCTIONS 1. Enter the total planned number of individuals who are planned to be served cumulat each month. Only individuals who have been declared eligible for and are receivin 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. II. Enter the total planned number of individuals who will be in the program covered t 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 counter The number in March, June, September, and December should agree wi ;h the entries: Part 1C of the PPS. III. Enter the planned accrued expenditures of funds cumulative by month. The totals : March, June, September, and December should agree with the entries in Part 111B of the PPS. RAN' AME AND ADDRESS • ,bs - rogress, Inc. (SER) :01 South Port Avenue ■rpus2Christi, TX 78405 • U.S. DEPARTMENT of LADOR Manpower Administ,.tlen BUDGET INFORMATION SUMMARY • B. GRANT NUMBER • C. TYPE OF PROGRAM 1. 0 Title I 3. EZI TItla III OJT 4. 0 Title VI 2. 0 Tune a fsneetfy)Summ ,r...Youth..Program D. FOR REGIONAL OFFICE USE ONLY ' ' • r CONT It ACT KEY • 2 2 MOD. DATE a it n of c o ralQls4 lt8 a G '4 j LL L.'1.;• 6 e `Z $•o p VIA Z Eq t,u MM OD 1- V YY 2 k_i 1 2 5 6 7 0 17 101 11 12 13 14 15 16 17 10 19 20 2122121 24 25 26 27 20 29 30 E. BUDGET SUMMARY COST CATEGORIES a. GRANT PROGRAM FUNCTION OR ACTIVITY ESTIMATED UNGXI ENDED FUNOS NEW OR REVISED BUDGET f. TOTAL b. Federal t. Noo•Fede,al 0. Federal e. Non•Federal 2 3 26 1,889.00 -0- ' .. • 1889.00 -0- :ministnnion 1 .' ■ - =5 .;i^Y .. , 'Z`, ,`�'c•'`; Tf `�'• .\.' ,. G .. 2 35 Allowances 44 VI acp 5 rlinge Benefits ^• II - , . — ,^ ,,, ;,: , .. -': -, �ti; -„ • 53 62 n 36,708.00 ", • 36,708.00 - --I Training 3,403.00 .- .. 3,403.00 Services • Totals e 2 G 3 1 26 42,000.00 35 42,000.00 • F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES (For Quarter Ending) • • 1 2 3 •2) 22 23 24 25 1 2 3 ",121 22 21124 2` 1 2 3 'T 21 22 23 24 25 1 2 3 121 22 23 241 25 26 7. 6_� ��� . G 3 :•0 3 7 •- G 3 -1 0 G 711 ., - G 3 °1 26 0 6 7 67 —__;. :_ G = :.i'+�0_9,1 3 26 3/3/77 26 12/31/76 • Prime Sponsor Obligations Total Projected Expenditures by Program . - .. 35 10 490.00 33 44 42,000.00 . ;° •• 35 44 35 44 a. Classroom Training, Prime Sponsor ' . 44 b. On•the•Job Training . '• 53 10,490.00 52 42,000.00 •^ 53 53 c. Public Service Employment ° 62 62 , 62 62 d Work Experience " ;,; 71 ' 71 • ' . 71 71 c. Services to Participants 1 2 3 26 1 2 3 26 1 2 3 26 1 2 3 26 G 4 G 4 G 4 G 4 1. Other Activities 35 , t ' 35 3 . ' 35 '' 35 Projr - Expenditures for Vocational Ed, M ;rants to Governors 44 • , 44 '- j, =, 44 44 Prp, _xpcnditures of tlon •Fcd. Funds 53 . 53 . - - 53 53 _ Other Fed. Funds. Not in Prime Spon. Cram ; 62 •. 62 s> • .: 62 62 Grand Teel • Projected Expenditures ,., ,.; 71 10,490.00 ,•' ‘; 71 42,000.00 "(. ,1,',..: 71 . 71 MA 5.145 (Apr. 1975) r--1 TITLE I NAME OF CONTRACTOR: Jobs for Progress, Inc. • PROJECT COMPONENT BUDGET 0 TITLE II FUNCTION OR ACTIVITY: OJT - Youth Summer Program (1) ADMINISTRATIVE COST: (2) WAGES: (3) TRAINING: :** (4) FRINGE BENEFITS: (5) ALLOWANCES: (6) SERVICES: TOTAL • . BUDGET . APPROVED CHANGES . REVISED - . - BUDGET (-1.- or -) BUDGET $ 1,889.0.0 -0- 36,708.00 -0-. 3,403.00 $ 42,000.00 $ $ $ $ • BACK —UP SUPPORT BUDGETS (1) ADMINISTRATIVE COSTS BUDGET APPROVED CHANGES REVISED BUDGET (+ or —) BUDGET a. STAFF COSTS: $ 1,040.00 $ $ b. FRINGE BENEFITS: 144.00 C. CONSUMABLE OFFICE SUPPLIES: d. PROGRAM EVALUATION: e. ACCOUNTING SYSTEM: f. MANAGEMENT INFORMATION SYSTEM: g. STATE MANPOWER SERVICES COUNCIL: h. PRIME SPONSOR PLANNING COUNCIL: i. TRAVEL: j. RENT: k. UTILITIES: 1. CUSTODIAL SERVICES: m., INDIRECT COSTS: n. STAFF TRAINING: o. TECHNICAL ASSISTANCE: p. EQUIPMENT: q. MATERIAL: r. CAPITAL IMPROVEMENTS: s. PUBLICATIONS: t. AUDIT SERVICES: 455.00 u. OTHER: (Specify) Telephone & Post. 250.00 v. OTHER: (Specify) w. OTIIER: (Specify) r.. OTHER:. (Specify) SUB —TOTAL N/A $ 1,889.00 $ $ (1) = .strative Cost (Cont.) • . FRINGE BENEFITS (Staff): a. ANNUAL LEAVE: b. SICK LEAVE: c. COURT LEAVE: d. MILITARY LEAVE: e. FICA: f. LIFE INSURANCE: g. HEALTH INSURANCE: fi. UNEHFLOYNENT INSURANCE: i. WORRMENTS COMPENSATION: j. RETIREMENT BENEFITS: k. OTEER: (Specify) 1. OTHER: (Specify) SUB-TOTAL JUrrUe.i bULA,CLa BUDGET APPROVED CHANGES REVISED BUDGET (1- or -) BUDGET 61.00 58.00 21.00 - 4.00 144.00 BACK -UP SUPPORT BUDGET 1. (2) WAGES: a. ON- THE -JOB TRAINING: b. TRANSITIONAL SUBSIDIZED EMPLOYMENT: c. OTHER: (Specify) d OTHER: (Specify) SUB -TOTAL (3) TRAINING: a. SALARIES: b. FRINGE BENEFITS: c. TUITIONS: d., ENTRANCE FEES: e. BOOKS: f. TEACHER'S AIDES: BUDGET APPROVED . CHANGES REVISED BUDGET (+ or -) BUDGET $ -0- g. OTHER: (Specify) OJT Training Slots 36,708.00 h. OTHER: (Specify) SUB -TOTAL $ 36,708.00 $ $ BACK -UP SUPPORT BUDGETS (4) FRINGE BENEFITS: (Participants) BUDGET APPROVED CHANGES REVISED BUDGET (+ or -) BUDGET a. ANNUAL LEAVE: .$ $ $ b. SICK LEAVE: c. COURT LEAVE: d. MILITARY LEAVE: e. FICA: f. LIFE INSURANCE: g. HEALTH INSURANCE: h. UNEHPLOYNENT INSURANCE: 1. WORKMEN'S COMPENSATION: j. RETIREMENT BENEFITS: k. OTHER: (Specify) 1. OTHER: (Specify) (5) ALLOWANCES: SUB -TOTAL $ - 0- - 0- SUB -TOTAL $ (6) SERVICES TO CLIENTS: • BACK -UP SUPPORT BUDGETS BUDGET APPROVED CHANGES REVISED BUDGET (+ 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: i. ORIENTATION: j•. COUNSELING: • k. JOB DEVELOPMENT: (OJT) 2,160.00 1. JOB PLACEMENT: m. OTHER: (Specify) Fringe Benefits 293.00 n. OTHER: (Specify) Travel 950.00 o. OTHER: (Specify) SUB -TOTAL $ 3,403.00 $ $ TOTAL $ 3,403.00 $ r TO CLIENTS (Cont.) FRINGE BENEFITS: (Staff) .. a. ANNUAL LEAVE: b. SICK LEAVE: c. COURT LEAVE: - d. MILITi2Y LEAVE: e. FICA: f. LIFE INSURANCE: g. REALM INSUI2PSTCE: h. UNDIPLOTHEST INSURANCE: 1. WORKMEN'S COMPENSATION: .j. RETIREME.iT BENEFITS: k. OTHER: (Specify) - 1. 011- 1: (Specify) 'BUDGET APPROVED CHANGES REVISED • BUDGET (.1- or —) BUDGET 126.00 117.00 43.00 7.00 SUB —TOTAL $ 293.00 $` - $ • 'JOBS FOR PROGRESS, INC. OJT -YOUTH SUMMER PROGRAM June 14, 1976 -Sept. 30, 1976 I. Administration a. OJT Bookkeeper $4.00 hr X 13 hrs. X 20 wks. $1,040.00 b. Fringe Benefits 1. FICA 5.85% of $1,040.00 61.00 2. Workmen's Comp. .00336% of $1,040.00 4.00 3. Unemployment Comp. .2% of $1,040.00 21.00 4. Health & Welfare Ins. $2.91 per wk X 20 wks. 58.00 c. Office Consumable Supplies $22.75 per wk X 20 wks. 455.00 d. Telephone Expense $12.50 per wk X 20 wks. 250.00 II. Services a.• OJT Job Developer b. Fringe Benefits $1,889.00 $4.00 hr X 27 hrs. X 20 wks. $2,160.00 1. FICA 5.85% of $2,160.00 126.00 2. Workmen's Comp. .00336% of $2,160.00 7.00 3. Unemployment Comp. .2% of $2,160.00 43.00 4. Health & Welfare Ins. $5.84 per wk X 20 wks. 117.00 c. Travel III. OJT Training Slots Average Cost per Slot $644.00 $23.75 per wk X 2 X 20 wks. 950.00 $3,403.00 57 OJT Slots $36,708.00 Total Budget $42,000.00 • SALARY PEA NO. UNITS PAID S OF TIME To pos. TOTAL AMOUNT ... • • POSITION TITLE . • . sie6R WEEK HOURS WUXI 1 OJT Bookkeeper_Job 4.00 200.00 40 20 100% 3,200.00 Developer . . . . . • • - . .. . . . _- • . , . . • • TOTAL THIS PROJ./COMP TOTALS 3,200.00 RENT SQUARE FEET RATE/SQ . FT./MO.. MO. IN USE NO.STAFF USING S USE TOTAL AMOUNT 4 ..RENT b. RENT c. TOTAL • ■ . PROGRAM NARRATIVE ;JOBS FOR PROGRESS, INC. Summer Youth Program June 14, to Sept. 30, 1976 The SER -Jobs for Progress, Inc., Summer Youth Program will provide fifty - seven (57) on the job training slots for fifty-seven (57) economically disad- vantaged youth in the Coastal Bend Area. Emphasis will be placed on those youth who are high school graduates or the equivalent, ages 18 to 21. The overall objective of the program is the permanent and productive employment of the trainees. All subcontracts will be carried out in accordance with all applicable local, state, and federal laws. The OJT Program is designed to develop job opportunities in skill shortage occupations as detemined by the Texas Employment Commission. The training will be done on the job by skilled employees of the Subcontractors. Training outlines will be developed and agreed upon be- tween subcontractors and the Executive Director to assure adequacy of Content. Occupations carrying DOT codes ending in .887, .886, or .868 will not be considered for OJT for reason of low skill level. The average unit cost per enrollee will be $644.00 for a fourteen (14) week period. Employers participating will contribute up to 50% of the training cost for the individual trainee. All OJT slots will be implemented in the private - profit making sector, or a first hire basis. r- JOBS FOR PROGRESS, INC. PROGRAM DESCRIPTION A. Objectives 1. The Coastal Bend Summer Youth Program is designed to meet basic summer . employment, training, and educational needs of low income youth in the eleven county area so as to obtain positive long lasting effects. 2. Specific Summer Goals: BASED ON 2,600 SLOTS a. Provide short -term public, non - profit work experience jobs for 2,250 youth in their own communities. It is the goal of the program to encourage and assist these youth to resume their educa- tion at the appropriate level in the fall. b. Provide a variety of CETA activities designed to meet the transi- tional training, education, and employment needs of low income high school graduates (or equivalent) as follows: (ALSO SEE SPECIAL COMPONENT for some complete description) 1. A mix of work experience and skill training for 50 youth. Goal: To assist these youth in the selection and initiation of a training program appropriate to their aptitude, needs and interests, which they will be able to continue in the fall. Alternate Goal: College or job entry 2. A mix of training and work experience for 20 youth which will lead to employment. Goal: Job placement Alternate Goal: Continued skill training or college entrance 3. A mix of work experience and college level credit classes for 100 youth who wish to explore and test their college potential. Goal: College entry Alternate Goal: Skill training or job entry 4. A pure skill training program for 60 youth Goal: Continuation of skill training Alternate Goal: Job entry or college 5. On- the -job training for 57 youth. ' Goal: Job Placement . Provide 70 jobs for disadvantaged college or college bound students in leadership and other roles with the youth program, recreational programs, and other. Goal: Assist these youth to continue their education while they gain experience related to career interests. 3. Participants Participants will be economically disadvantaged youth who are residents of the Coastal Bend Manpower Consortium counties. At least eighty -five percent of the youth will be from minority group families. The program's enrollment will reflect the Coastal Bend's level of poverty by ethnicity (to equal or exceed the level of poverty for minority groups in accordance with the latest U.S. Census). Target allocations in terms of Socio- Economic and Educational Status (Total equals 100 %): Current or recent dropouts (1975 -76) 15% Potential dropouts (with three or more identifying characteristics) 35% Potential dropouts (with at least two identifying characteristics) 20% Potential dropouts (with at least one identifying characteristics) 10% Economically disadvantaged H.S. or equivalent completors needing transitional work experience and other services 10% Economically disadvantaged post graduates who 'needs earnings from summer work to continue their education 10% Target allocations in terms of age levels to be served: (Total equals 100 %): Youth below sixteen years of age 20% Youth sixteen and seventeen years of age 45 %- Youth eighteen and nineteen years of age 25% Youth older than nineteen years of age 10% B. Approach The Coastal Bend Summer Program is intended to provide a flexible, short -term, comprehensive approach designed to meet the individual summer r:ork- experience employment, training, and educational needs of qualified participants. . Strategy a. Summer worksites will be in public agencies and qualified non - profit organizations. Whenever possible, enrollees will be placed in work directly or indirectly related to career interest. User agencies will generally provide supervision which is responsive to program goals. b. Services - Program staff will work with supervisors and participants to insure the success of the program. Participants will receive pre - enrollment, intake, orientation, and exit counseling. They will also receive on- the -job and individual counseling as dictated by need or design in terms of individual or group goals and activities. The primary aim of counseling services will be to encourage non -high school graduates to continue their education or skill training, or at least, develop sufficient skills to obtain job entry at the conclusion of the program. In- school and college participants will be encouraged to re- turn to school in the Fall. c. Operation - The Youth Services Program of the Corpus Christi Indepen- dent School District will operate all phases of the summer work -expe- rience and mixed activities which include work experience. The T.E.C. - Del Mar - Bee County network or S.E.R. will operate those classes in which the expectation that those who successfully complete the summer phase can be continued under the Title I Skill- training program on Oct. 1, 1976. 2. Summer Participation Summary a. Work Experience 1. Youth below sixteen will work 20 hours per week for at least five weeks at the lighter, safer jobs within the capabilities of this group. More mature or closely supervised youth in this group may work 40 hours per week. 2. Youth sixteen and above will work the total average number of hours established per participant, however, hours per week and number of weeks may differ to meet the varying needs of indi- vidual youth and communities. 3. Title I out -of- school youth will continue at or above their normal rate of participation during the summer months. Newly identified dropouts will work at or above average hours per participant depending on availability of funds. 4. College level youth will work for up to thirteen weeks in the youth leadership roles and recreation programs and community, agency, and other helping roles. b. Work Experience and Education or Skill Training Recent (1976) high school (or equivalency) graduates will receive a total of 40 hours per week, six to twelve weeks, in mixed program activities to meet their transitional employment, educational, and training needs. c. Skill Training and OJT - Recent 1976 high school (or equivalency) graduates may receive up to 14 weeks of skill training at 30 hours per week or weeks at 40 hours per week. OJT participants may work up to 14 weeks. d. Counseling Services - All participants will receive intake, orien- tation, and exit counseling. Additional activity related counseling as needed or requested will be provided. e. Expected Outcomes - Upon completion of the Summer Program, it is expected that junior high, high school, and college students will return to school; that recent graduates will either enter college, skill training, or employment; and that out -of- school youth will either enter skill training, employment, resume education, or continue in the FY 77 work experience program. 3.3. Recruitment Summer Program recruitment will be through the existing Youth Services Program, CAA, Texas Employment Commission, the schools, Welfare, etc. a. Summer Program announcements and applications will be distributed to all school districts, to the Texas Employment Commission, CETA Programs, and other appropriate referral agencies. b. Program news announcements will be made by local newspapers and other media with special emphasis on reaching the 'dropout'. 4. Management and Administrative Plan a. A Management Information System will be implemented to meet CETA reporting requirements. Personnel standards will be in compliance with the policies of the contracting agencies as long as they comply with CETA Title II rules, regulations, and guidelines. b. The program contractors will conduct in- service training and other activities necessary to carry out an effective Summer Program. The program administrative team will also conduct monitoring activities to assure that the program is meeting its goals. The team will provide the needed expertise to insure that youth are receiving adequate counseling, orientation, training, and work experience. 5. Cost Plan The cost plan is based on the unit costs suggested in DOL releases, including costs necessary to screen, enroll, and assign and provide the activities and counseling for 2,600 youth in the eleven county Coastal Bend area. Administrative costs and caun- ,sling service costs are to be held to less than fifteen percent of total costs, if possible, in order to provide more summer jobs and related services than might otherwise be possible. Individual contractors will continue to use their respective accounting methods approved under FY 76 Title I program designs as modified to meet Title III requirements. F' " ../. .=.:.:;- .:, .• .- . ' •ASSURANCES AND CERTIFICATIONS • -.. - A. General Assurances _ - .• .• ..,•- . •.. .. •• ••....... ,.., ... r- .--.* '• ' - 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 (F.L, 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 1845), hereinafter referred to as the.Act, and with the regulations and policies promulgated thercunddr; and :.: 'e , •. . ' • h. It will comply with OMB Circular number A-95 and Federal Management Circulars (FRC) 74-4 and 74-7, as those circulars relate to :,-A ..' • functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, and other documents under the Act. • . • . 2. The applicant further assures and certifies that if the regula- '-1-..- v... tions promulgated pursuant to the Act are amended or revised, it shall .. i..:.:-. .- comply with them or notify the Regional Administrator for Employment and Training Administration (RA) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the RA 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; that a .. . resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filicg - qf the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the .; . official representative of the applicant to act in connection with the • application and to provide such additional information as nay be required (sections 102(a); 701(a)(9) and (10)). b. It will comply-with Title VI of the Civil Rights Act of 1964, (P.L. 88-352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination where (1) • the primary purpose of a grant is to provide employment or (2) dih- criminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. Revised Nay, 1976 :d. No person with responsibilities in the operation or any pro- ' -;gram under the Act, will.discriminate with ithor in such respect t to-any program am par-. '.titipant or any applicant for participation rpa. because-of o race, creed, color,-national origin, sex, age, political - ' .beliefs (section 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) which provides for fair and equitable 'treatment of persons displaced as a result of Federal and federally- assisted programs. . . f.' 'twill comply with the.provisions of the Hatch Act which limit the political activity of employees. g. It will comply with the requirement that no program under the Act shall involve political activities (section 710). h. It will establish safeguards to prohibit employees from using • their positions for a purpose that is or gives the appearance of being or motivated by a desire for private gain for themselves or other ties ticularly those with whoa they have family, -- (section 702(a)). ice' It will give the Department of Labor and the Comptroller the ' General through any authorized representative. e theaccessrto and nd th the right to expm -Ine all records, books, papers, - grant (section 713(2)). . j. participants in the program will Dot be employed on the con - 1struction, operation, or maintenance of that part of any facility which • is used for religious instructioa or worship (section 703(3)). k. Appropriate standards for health and safety in work and - training situations will be maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and . the proficiency of the applicant (section 703(4)) - =m6 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 provision of worleaen's compensation insurance .or medical and accident insurance for injury or disease results activity their participation to those individuals engaged in any p g • Revised May, 1976 F£" Jet the Act; i.e., work experience, on -the -job training, public service employment, classroom training, services to participants, 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 workers or impair existing contracts for services or result in the • substitution of Federal funds for other funds in connection with work that iaould 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 extent practicable, be consistent with every individual's fullest-capabilities and lead to ..employment opportunities which will enable participants to become econom- ically self - sufficient (sections 703(9) and ].05(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 otherwise be '"available for the planning and administration of programs under the eligible applicant's grant (section 703(11)). s. It will submit reports as required by the Secretary and will maintain records and provide access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with'the pur- poses and provisions of the Act, including the maintenance of records to assist the Secretary in determining the extent to which the program meets - the special needs of disadvantaged, chronically unemployed, and 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 con- trols, personnel standards, evaluation procedures, availability of in- . service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 4703(14)). 3 v. The program makes appropriate provision for the manpower needs of youth in the arca served (section 703(15), and will assure that: 'Revised May, 1976 (1) Individuals receiving training on the boo snail ue co.- .pensated by the employer at such rates, including periodic increases, - as may be deemed reasonable under regulations prescribed by the Secreta 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 applic..__c :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 — vise applicable (section 111(b)). • (2) .Persons employed in public service jobs under this Act• shall be paid wages which shall not be rower than whichever is the .highest of (a) the minimum wage which, would be applicable to the employee under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section 13 thereof. Wages in the Commonwealth of o Rico, the Virgin American Samoa, and the Trust Territory of the consistent with the Federal, State, or local law otherwise applicable; (b) the State or local minimum wage for the most nearly comparable employed covered employment, or (c) the prevailing rates of pay for in similar public occupations by the same employer (section 208(a)(2)). the labor standards requirements set out v. It will comply with In section 706 of the Act. x. Services and activities provided under 'this ministered by or under the supervision of the-applicant 105 (a) (1) (B) and 205(c)(1)). • y. to funds made available under the Act shall lobbying activities in violation of 18 USCA 1913. z. If the applicant is financed by letter of (1) Letter of credit cash drawdowns will only be initiated when actually needed for its ETA arant(s) disbursements; (2) Timely reporting of cash disbursements and balances will be made to the Manpower Administration as required; (3) It will impose the same standards of timing and amount upon any secondary recipients including the furnishing of reports of —cash disbursements and balances, B. Additional Assurances for Title I Pro rams In carrying out programs under Title I of the Act, the applicant assures and certifies that: Act will be ad— (sections be used for credit: • Revised May, 1976 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited English- speaking ability, and that the need for continued .•funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). • 2. Programs of institutional shill training shall be designed for occupations in which skill shortages exist (section 105(a)(6)). • •3. The plan meets all the requirements of section 105(a) and the 'Applicant will comply with all provisions of the Act (section 105(b)). 4. It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (section•105(a)(7)). 5. Special consideration will be given to the needs of 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 date of their application. .Each prime sponsor in selecting participants for programs funded under Title I of the Act, :shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full :or part -time opportunities for such veterans. The prime sponsor should utilize the assistance of the State and local veterans employment service • representative in formulating its.program objectives. On a continuing and timely basis, information on job vacancies and training opportunities funded under Title I of the Act shall be provided to the State and local veterans employment service representative for the - purpose of disseminating informdtion to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additiona]. Assurances Relating to Public Service Employment Programs 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 employ- ment by providing complementary training and manpower services designed to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the 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 of section 604 of the Act, provided, however, that nothing contained in ' Revised Nay, 1976 i"- this paragraph shall be construed to, preclude persons or programs for NO .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 . occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). .3. Special consideration in filling transitional public service jobs sr3.11 be given to unemployed persons who are the most severely disadvantaged ' In terms of the length of time they have been unemployed without assistance, 'but such special consideration shall not authorize the hiring of any per- . son 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 -rill anticipation of filling the vacancy so created by hiring an employee ".to be supported under the At (section 205(c)(8)). • • 5. Dun consideration will be given to persons who have participated . in manpower training programs for whom employment opportunities would _ .not otherwise be immediately available (section 205(c)(9)). 1. 6. Periodic review procedures established pursuant to section 207(a) of the Actwill be complied with (section 205(c)(17)). • 7. Agencies and institutions to whoa 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 whoa it is the purpose of the Act to assist (section 205(c)(18)). 8. Where appropriate, it will maintain or provide linkages with up- grading 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(c)(19) and 604), Revised May, 1976 • 9. 'The program. Will, to the maximum extent feasible, contribute td. ._ae elimination of artificial barriers to employment and occupational , advancement, including opportunities for the disadvantaged (section 205(0(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 limita- tion 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 juris- dictions and the needs of the agencies (section 205(c)(23)). 12. The jobs in each job category in no way infringe upon the promo- tional opportunities which would otherwise_be available to persons cur- ' rently employed in public service jobs not subisidized under the Act, and assure that no job will be filled in other than an entry level posi- tion in each job category until applicable personnel procedures and ' collective bargaining agreements have been complied with (section 205(c) • (24)). • • . 13. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the-Act (section 205(c)(25)). -'.D. Additional Assurances for Title II Programs.. - All assurances in C above apply to activities funded under Title II. In addition, the appli- cant will assure that: . (1) Only persons residing within the areas of substantial unemploy- ment qualifying for assistance will be hired to fill jobs created under - Title IT 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 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 re- ceived other than a dishonorable discharge within four years before the • date of their application. Each eligible applicant selecting participants for programs funded under Title II of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort Revised May, 1976 ..should be made. to. develop appropriate full or part -time opportunities c - such veterans. In order to insure special consideration for veterans all public service employment vacancies under Title II, except those t 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 may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon re- quest, may also refer members of other significant segments. 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 II 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) of Emergency Jobs and Unemployment Assistance Act of 1974)._ - , • E. Additional Assurances for Title VI Programs. All assurances in C above apply to activities funded under Title VI. In addition the appli- cant will assure that: • 1. Only persons residing in the area served by the eligible appli- •cant under Title VI 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 VI of the Act (section 603(a)(2)(E)), to an area of substcntial unemployment shall only be used to provide pro- . ject and program opportunities to persons residing in those areas of sub- stantial unemployment (section 603(a)(2)). 2. All persons employed under any program, other than necessary technical, supervisory, and administrative personnel, gill be selected from among unemployed and underemployed persons and that under Title VI preferred consideration shall be given, to the maximum extent feasible, consistent with provisions of the Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons who are not eligible for unemployment insurance benefits (except persons lacking work experience) and to unemployed persons 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 pro - visions of section 106 and section 107 of the Act. 3 d Revised May, 1976 ASSURANCE AND CERTIFICATIONS . The applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing of this application has been fully .authorized.. . 1201 South Port Avenue (Address) Eppy Gonzalez, Chairman Board (Typed Name and Title of ..• Authorized Officer) • Corpus Christi, TX 78405 (City, State) 5/28/•76 • :- a (Date o Application) - a. The Prime Sponsor's Contracting Officer may, at any time, ° without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope ::of• this contract, in any one,or more of the following: (1) drawings, ..designs, or specifications; (2) in the method or manner of performance 'of the work; (3) in the Government - furnished facilities; (4) method of - ' shipment or packing; or (5) •place of delivery. b.' Any other written order or an oral order (which terms as used • . in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Prime Sponsor's Contracting Officer, which causes any such changes as enumerated in (a) above, shall be treated as a change order under this clause: Provided, That the Contractor /Subgrantee gives • the Prime Sponsor's Contracting Officer written notice stating the date, circumstances, and the source of the order and that the Contractor / Subgrantee, regards the order as a change order. • c.+ Except as herein provided, no order, statement, or conduct of the Prime Sponsor's Contracting Officer shall be treated as a change under this clause or entitle the Contractor /Subgrantee to an equitable adjustment hereunder. d. If any change under this clause causes an increase or decrease in the Contractor's / Subgrantee's cost of, or the time required for, the per- , romance of any part of the work under this contract, whether or not changed •.•.by any such order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That no claim for any 'change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor /Subgrantee gives written notice as therein required, And provided further, That in the case of defective specifications for which the Prime Sponsor is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor /Subgrantee in attempting to comply with such defective specifications. e. If the Contractor /Subgrantee intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written . change order under (a) above or the furnishing of a written notice under (b) above,,submit to the Prime Sponsor's Contracting Officer a written statement. setting forth the general nature and monetary extent of such claim, unless this period is extended by the Prime Sponsor. The statement of claim hereunder may be.included in the notice under (b) above. Where the cost of prbperty made obsolete or excess as the result of a change is included in the Contractor's /Subgrantee's claim for adjustment, the Prime Sponsor's Contracting ' Officer shall have the right to prescribe the manner of disposition of such property. r. f , • f. No claim by the Contractor /Subgrantee for an equitable adjustment b reunder shall be allowed if asserted after final payment under this 1 contract /subgrant. TI d g. Failure to agree on the terms of any equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." h. Nothing in this clause shall excuse the Contractor /Subgrantee from proceeding with the contract / subgrant as changed by the Prime Sponsor's Contracting Officer in writing, either by (i) issuance of a written change order as described in (a) above, or (ii) issuance of a written confirmation by the Prime Sponsor's Contracting Officer of the written notice required of the Contractor /Subgrantee in (b) above, re- sulting from an oral order by the ,Prime Sponsor's Contracting Officer. • 2. NONDISCRIMINATION It is the policy of the Executive Branch of the Government that (a) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government con- tracts, a maximum age limit for such employment unless the specified maxi - mum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. • 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 (:NH 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. - ?• During the performance•of this contract, the contractor agrees as follows: t_jl)'.The contractor.vill not discriminate against ang employee or appl 'sue • 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 •c.<during employment, without regard to their race, color, religion, • C ^=: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 terrains- . • tion; rates of pay or other forms of compensation; and selection for • - =.;= training, including apprenticeship. The contractor agrees to post in .Conspicuous places, available to employees and applicants for employ - •"•ment, notices to be provided by the contracting officer setting forth • the provisions of'this nondiscrimination clause. 12) 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 ...Older 11246 of September 24, 1965, and shall post copies of the '-notice in conspicuous places available to employees and applicants for employment. (b) The contractor will comply with all-provisions of Executive Order 11246 ▪ of September 24, 1965, and of the rules, regulations, and relevant • orders of the Secretary of Labor. :(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,'and by the rules, regula- .tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting • agency and the Secretary of Labor for purposes of investigation to .:',ascertain compliance with such rules, regulations, and orders. .'•(6)▪ ' In the event of the contractor's noncompliance with the nondiscrimina- tion clauses of this contract or with any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in •- vhole or in part and the contractor may be declared ineligible for • further Government contracts in accordance with procedures authorized • t' r. • r in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in 7, Executive Order 11246 of September-24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include tbe-provisions of pnr•agraphs (1) through (7) in every subcontract or purchase order un1es'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 o subcontract- , of or purchase order as the contracting agency may s a 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 rrs request thee United States to enterni entosuch litigation of such tractor may may q -.to protect the interests of the United States. 5, TRAINEE OR ENROTTPT; WAGES The hourly wages paid to enrollees or trainees Shall not be less thaw the following, whichever is higher: 1. The minimum rate required under the Fair Labor Standards Act including any special rate provided by specification under Section 14 of the Act, as amended in 1974, or that is applicable to enrollees or trainees, or 2. Any minimum rate applicable to the enrollee or trainee as required under Federal, State,.or local laws if it is higher than that stated in Item Number 1 above: 6. TERMII ATIOft OF TRAINEES OR ENROT,T.F'F'S 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. • 7. -- TEMINATION = •`.j ''a. The performance of work under the contract / subgrant may be ...terminated by the Prime Sponsor in accordance with this clause in :whole, or from time to time in part: • •(1) Whenever the Contractor /Subgrantee shall default in per- . •:.,formance of this contract / subgrant in accordance with its terms (including in the term "default" any such failure by the Contractor /Subgrantee to make ' progress in the prosecution of the work hereunder as endangers such perform - "•ance), and shall fail to cure such default within a period of ten days (or such longer period as the Prime Sponsor's Contracting Officer may allow) after receipt from the Prime Sponsor's Contracting Officer of a notice 'specifying the default•; or' • - (2) Whenever for any reason the Prime Sponsor's Contracting Officer shall determine that such termination is in the best interest of - the Prime Sponsor. • Any such termination shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying whether termination is for the default of the Contractor /Subgrantee or for the convenience of the Prime Sponsor, the extent to which performance of work under the contract/ eubgrant 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 /Subgrentee pursuant to the provisions of -the clause of this contract /subgrant relating to excusable delays, the Notice of•Termination shall be deemed to have been issued under (2) above, •and the rights and obligations of the parties hereto shall in such event be governed accordingly. . d • 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 terminateq; 3 (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 drected by the Prime Sponsor's Contracting Officer, all of the right, title. 4 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 claimq arising out of the termina -- :..tion of such orders and subcontracts; • . j: • (5) With the approval or ratification of the Prime Sponsor's Contracting Officer, to the extent he nay 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 tit1Q to the Prime Sponsor (to the extent that 4 title has not already been transferred) and deliver in the manner, at the +•time's, 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; 3 Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the , date of execution of this contract /subgrant, the Contractor /Subgrantee and the.Prime Sponsor's Contracting Officer may agree upon the whole or any 'part of the amount or amounts to be paid (including an allowance for the fee) to the Contractor / Subgrantee by reason of the total or partial terming- • tion of work pursuant to this clause. The contract / subgrant shall be =laded accordingly, and the Contractor / Subgrantee shall be paid the agreed amount. e. In the event of the failure,of the Contractor /Subgrantee and the ,Prime Sponsor's Contracting Officer to agree in whole or in part, as pro- vided in paragraph (d), as to the-amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the Contractor /Subgrantee in connection with the termination of work pursuant to this clause, the Prime Sponsor's Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execu- tion of this contract / subgrant, determine, on the basis of information available to him, the amount, if any, due to the Contractor / Subgrantee by reason of the termination and shall pay to the Contractor / Subgrantee the amount determined as follows: • - (1) If the settlement includes cost and fee -- } (i) There shall be included therein all costs and expenses reimbursable in accordance with this contract / subgrant not previously paid to the Contractor /Subgrantee for the performance of this contract /subgrant prior to the effective date of the Notice of Termination, and such of these costs as may continue for a reasonable time thereafter with the approval of or as directed by the Prime Sponsor's Contracting Officer: Provided, however, That the Contractor / Subgrantee shall proceed as rapidly as practi- cable to discontinue such costs; (ii) There shall be included therein so far as not included under (i) above, the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)(5) above, which are properly chargeable to the terminated portion of the contract /subgrant; • (iii) There shall be included in the reasonable costs of .settlement, including accounting, legal, clerical, and other expenses ' reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract / subgrant and for the termination and settlement of subcontracts thereunder, together with reasonable storage,. transportation, and other costs incurred in connection' with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the Contractor / Subgrantee there shall not be included any amounts for the preparation of the Contractorrs/ Subgrantee's settlement proposal; and - (iv) There shall be included therein a portion of the fee payable under the contract / subgrant determined as follows: , , .,• , . . 'f.:V%-,.;;;s • • -Comolete performance of such part of:the work as shall not T 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 preserve- . tion of the property related to this contract/subgrant which is in the ,, possession of the Contractor/Subgrantee and in which the Prime Sponsor Eks 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 msy 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 - aUbject 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 Sconsor's contracting Officer his termina- tion.claim in the form and with the certification prescribed by the Prime 8pOnSOr'S Contracting Officer. Such claim ehall be sdbmitted 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 subnit his termination claim within the time allowed, the Prime Sponsor's Contracting Officer may, subject .to any review required by the contracting agency's crocedures 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 shpll thereupon paY to the ' Contractor/Subgrantee the amount so determined. - - - • • • (A) In the event of the termination of this contract/ aubgrant for the convenience of the Prime Sponsor and not for the default of the Contractor / Subgrantee, there shall be paid a percentage of the fee - equivalent to the percentage of the completion of work contemplated by the ••. contract / subgrant, less fee payments previously made hereunder; or • (S) In the event of the termination of this contract/ • subgrant for the default of the Contractor / Subgrantee, the total fee payable !shall be such proportionate part of the fee (or, if this contract / subgrant .-'_calls for articles of different types, of such part of.the fee as is ' . 'reasonably allocable to the type of article under consideration) as the 'total number, of articles delivered to and•accepted by the Prime Sponsor bears to the total number of articles of a like kind called for by this contract / subgrant. _ • If the amount determined under this subparagraph (1) is less than the total payment, theretofore made to the Contractor / Subgrantee, the Contractor/ Subgrantee shall repay to the Prime Sponsor the excess amount.- '' (2) If the settlement includes only the fee, the amount thereof - - Will be determined in accordance with subparagraph (1)(iv), above. (f) The Contractor /Subgrantee shall have the right of appeal, under the clause of this contract /subgrant entitled "Disputes," from any deter- mination made by the Prime Sponsor's Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor /Subgrantee.has failed to submit • his claim within the time provided in paragraph (c) above and has failed to. • request extension of such time, he shall have no such right of appeal. In any case -where the Prime Sponsor's Contracting Officer has made a deter- . mination of the amount due under paragraph (c) or (e) above, the Prime Sponsor shall pay to the Contractor /Subgrantee the following: (1) 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 finder 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 • i4 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's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Prime Sponsor's Contracting Officer by • . reason of the circumstances. (j) The provisions of this clause relating to the fee shall be in- applicable if this contract /subgrant does not provide for payment of a fee., 8. TERMINATION FOR CONVENIENCE The provisions set forth in this clause 9b shall govern in lieu of clause 9a'should this contract /subgrant be for experimental developmental or research work and the Contractor /Subgrantee is an educational institution or other nonprofit institution on a no -fee or no- profit basis. .(a) The performance of work under this contract /subgrant may be terminated, in whole or from time to time in part by the Prime Sponsor whenever for any reason the Prime Sponsor's Contracting Officer shall deter- mine that such termination is in the best interest of the Prime Sponsor. Termination of work hereunder shall be effected by delivery to the Contractor/ Subgrantee of a Notice of Termination specifying the extent to which per- formance of work under the contract / subgrant is terminated and the date upon which such termination becomes effective. (b) After receipt of the Notice of Termination the Contractor / Subgrantee shall cancel his outstanding commitments hereunder covering the procurement of materials, supplies, equipment, and miscellaneous items. In addition,, the Contractor / Subgrantee shall exercise all reasonable diligence to accomplish ,° •,. i , aversion o� • is outstz.d' ' c� treats co•rer;r_F ersnia3 . the ca^.c °rasticn or h _ utstandifg_Gsir, tmeutsocorering._g _ i eEeatation _o . fl& besiog of & to $4ie'�'' and_e.'ctend�.ng- belyond_ the- dat:i.g_ termiialin ti the na?,.e e th at - r�• ,elate,ta_the_Fe�•formence..oi _any -.._ _: s eet_ta such caaeeled_coamitments _the�_Ccntra�toxl4ubsr �geou�QfsstiCh_e ,. ettie_all outstanding liabilities; and e11_ c _ pp((��n[� ell, tion_of. _ co.mitments., _with:, the apgra1a1 onxat Yicatioa -_o ....a*" _Pxime . �UpC:-J_ _ -. -. _ _ S�"orasor= _•scContxacting officer; to the- exien't�ie rcay'- xeaui.x;e„ �hiCh <anproval �� tiiication_shali he.sinaL_for;all_pu4oses =off t h i s glause:,_and,(21_- gy n t o the •Prime..s onsox r -3 n the M a n n e r. -at the tise, ,8 d to ;tl�e .extent _, tha• Prime.$ oa soi '.s_Contracting_Offi.cer;.ea_1 of tae r ht! 1 ties §id.t.hyyexest .of: the.- ..Contractor /.Subgr=tee _ under the,o *demos _and.SUhcontracta c sstatiaatet,. sett ech cane the r ailsclnaimms arA i gaou tof the ierTf a ion - �iscretionr -'tn settle:o.P0.F_ �Y, - -- - - -. of suer orders and subcontracts. c Contractor ,c.:.._...4 `ee shall s;_- =,: ,_, s t" cle:-= to the Prin_c -oThe,Anntractox /S .b grantee. _shall_submit_hts texii nation cle -to., .the ter..xeceitteoi ,s,siotsice_aa __ atinn,_liut_ iii no event _later_tklan_one_jrear�rai the.,effecfa.sre , date_> tiygzeoEi _unless .one _or more .extensions _in _wri -ti.?3 -are. g'santed_t� -..thy •Prime ^�mq,,i' i_. Contracting _Qrfi;.oer_upon _written - ,request _of the _Contrait'Oil uh - _ antes eithin sueh.one- year._period- or..authorized- extension thereaf.. .Upon^ t_�_ ts1,1ure_of.-the Contractor /$ubgrantee_to subaiit_iiis- termnatian claim,taitliin h9. tiii shoved,: the. Prime ..Sponsor!s_Conracting_Oifthe ay,_subject to_ -ex xe . ew_ reouirecl _by,the_contracting.agenoy'_s procedures i4_effect_al of tjreiaa e_of_ execution of this contract /subgrant „determiner on_the_hasis__, ssbi-n.tor.aation_-avaLiabie_t6 him _the_amount ;�.ii- aaycr_3?;e -to the Contr ctoi•/ Ebrntse ,bSyu.bxeason_oi�theterminatign and_eliall thereupon pa to the •Contractor /grantee the amount so determined.. . (a) A:y c_-ei-_-inati or. of cor=s under -•.za- rte c)) s^sJ1 be geve,.•_ea .by t14) finy_determanation of_costs under.- paragraph.tc.) shah ba- governe_d•-_ - •4he-cgst prineiples_set_forth _the ALLOWABLE COST; FIXED FEE, AFtt PAY - .N NT Cisuse o- this contract /subgrant. • ie . .Sub iec� to t "e -cr^c=q-cns o-' oa a ran ( ^_Q above, z3 subject y env :eSblect,to the_proiisions_of paragraph_( e4,ahoQe,.and_sui)jGct.t n, tIIyEreview required by_the- Prime - .Sponsor's- -contracting ;agency 1 s pig cedures tgnef_Yect._as .of__the _date :of,.execu'ti,on_of _this contract[subgraut the ^ . _ - -ea Eogtractor /Subgrantee and_the Piime_Spansor.'s_Contracting Officer maw agree gn.the_xhoie_or any- part .,of ,the_emount _of amounts..to he_paid„to._the Wh],ch ssiractor /ubgrantee by; reason_ of,.the terminatgon ,under.,this„clause;, -. ameuIIt,,or_ ffi"_onnt5 :may „fug lude -_any .reasona'ole_.cancellation, charges-,thereSsr ancurred by._ the_ Contractor/ aubgrantee- -and_anyc_repsonable_less upon -out ,. whop _ - - . atx}ndinB, commitments_ for - personal services , rliich .he_s.475b1e_to_nanCil;.,_ Pmogidea ;:however ; - -That in- connection Wth_anf_qutstanding commytmerits for personal- services- which.the Contractor /Subgiantee_is amble tgcancel.;,tkie Contractor /Subgrantee.shall_ have_ exercised_ reasouable_diligence..tQ diYert,__ . sush i coEfmitnents ..to. his other --activities and_operations.._ Aiii.,i chi= agement shgl]_be eabadied,in >an- amendment_to this_contract %subgrant and the con - tractor/Subgrantee shall be paid the agreed e:aount. - • • (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 finxi1y agreed or determined to be dup under this clause, such excess shall be payable by the Contractor/ Subgrantee to the Prime Sponsor upon demand: Provided, That if such excess is not so paid upon demand, interest thereon shall be payable by the Contractor / Subgrantee to the Prime Sponsor at the rate of 6 percent per annum, beginning 30 days from the date of such demand. • (g) The Contractor /Subgrantee agrees to transfer title.to the Prime Sponsor and deliver in the manner, at the times, and to the extent, if any, directed by the Prime Sponsor's Contracting Officer, such information and items which, if the contract /subgrant had been completed, would have been required to be furnished to the Prime Sponsor, including: ' (1) C ompleted or partially completed plans, drawings, and information; and (2) Materials or equipment produced or in process or acquired•in connection with the performance of the work terminated by the notice. Other than the above, any termination inventory resulting from the termination of the contract /subgrant may, with the written approval of the Prime Sponsor's Contracting Officer, be sold or acquired by the Contractor /Subgrantee under the conditions prescribed by and at a price or prices approved by the Prime Sponsor's Contracting Officer. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the Prime Sponsor to to the Contractor /Subgrantee under this contract /subgrant or shall otherwise be credited to the price or cost of work covered by this contract /subgrant or paid in such other manner as the Prime Sponsor's Contracting Officer may direct. Pending final disposition of property arising from the termination, the Contractor /Subgrantee agrees to take such action as may be necessary, or as the Prime Sponsor's Contracting Officer nay direct, for the protection and preservation of the property related to this contract /subgrant which is in the possession of the Contractor / Subgrantee and in which the Prime Sponsor has or may acquire an interest. . • 9. CONSTRUCTION AND BUILDING REHABILITATION The subcontractor shall not expend Federal funds for construction and building rehabilitation without prior approval of the Prime Sponsor's Contracting Officer. Any projects approved by the Department of Labor and the Prime Sponsor shall be administered under the guidelines of A -102 and parts of Paragraph IV, applicable to construction procurement. .vise the State system bf subsequent contracts. The Contractor may-advise the State system when it is a*, longer bound by this contract clause. (e) This clause does not.af +1y to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, • the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f)sTbis clause does not apply to openings which the Contractor proposes to fill from within his on organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside . of his on organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to openings which occur in the following job categories: Production and nonproduction; plant and office;,laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employ- ment, temporary employment of more than 3 days' duration, and part -time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. . . x (2) "Appropriate office of the State employment service system" means the local office of the - Federal -State national system of public employment offices - - :with assigned responsibility for serving the area of ,the establishment where the employment opening is t� be filled, including the District of Columbia, the Common- wealth of Puerto Rico, Guam, and the Virgin Islands; . • .(3) "Openings which the Contractor proposes to'fill from within his own organization "-means employment openings for which no consideration will be given to persons outside the Contractor's on organization (including any affiliates, - subsidiaries, and parent - companies)., and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists. - (4) "Openings which the. Contractor proposes * * * to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. LISTING OF EMPLOYMENT OPENINGS • (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) t • • (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and, veterans of the Vietnam era, that all suitable e^rplcyment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one vherein 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. I ' • (b} Listing of employment openings with the employment service system pur- suant to_this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any partic•..lar group of job applicants, and nothing herein is intended to relieve the Contractor from may requirements in any statutes, Executive orders, or-regulations regardiizg nondiscrimination in employment. - (c) The reports required by paragraph (a) of this clause shall include, tut not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one establish- ment in a State, with the central office of the State employment service. Suc= reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under th.s. contract. The Contractor shall maintain copies of the reports submitted until --.he expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for, examination by any authorized - representatives of the Contracting Officer of of the Secretary of Labor. . (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in eszh ' ..State wherein he has establishments of the name and location of each sucjl esta - lishment in the State. As long as the contractor is contractually boundjto these provisions and has so advised the State employment system, there is no need • 12. DISPUTES • a. Except as otherwise provided in. the contract / subgrant, any dispute concerning a question of fact arising under this contract /subgrant which is not disposed of by agreement shall be decided by the Prime Sponsor's Contracting Officer, who shall reduce his decision to 'writing 1 ' 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 . k conclusive unless 'within 30 days from.the date of receipt of such copy, • the Contractor /Subgrantee mails or otherwise furnishes to the Prime Sponsor's Contracting Officer, a written appeal addressed to the Prime Sponsor. The decision of the Prime Sponsor's Contracting Officer for the determination of such appeals shall be final and conclusive unless • determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection -.with any appeal proceeding under this clause, the Contractor /Grantee shall be afforded an opportunity to be heard and to offer evidence in support of , its appeal. Pending final decision of a dispute hereunder, the Contractor/ • Subgrantee shall proceed diligently with the performance of the contract/ subgrant and in accordance with the Prime Sponsor's Contracting Officer's decision. •b. This '!Disputes" clause does not preclude consideration of law . questions in connection with decisions provided for in paragraph (a) above: Provided, That• nothing in this contract /subgrant shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. SUBCONTRACTING The subcontractor shall obtain written consent of the Prime Sponsor prior to subcontracting any parts of this agreement. The Contracting Officer may, in his discretion,.ratify in writing any such subcontract; such action shall constitute the consent of the Contracting Officer as required by this paragraph. i4. COURT ACTIONS •The subcontractor agrees to give the Prime Sponsor immediate notice in •' writing of any actions or suits filed and prompt notices of any claims • made against the Prime Sponsor, the subcontractor, or any of the parties involved in the implementation and administration of the CETA Program. (6) '/eterah•of the Vietnam era" means• a person (Al who (i) ser on active duty with the Arced Forces for a period of more than 180 days, z•. part of which occurred after August 5, 1964, and was discharged or released .therefrom with other than a dishonorable discharge,,. or (ii) was discharged --or released from active duty;16r e3?-s3.isab3lity if any part of •'such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. - :- (h) If any di:•abled veteran or veteran of the Vietnam era believes that he Contractor (or any first -tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving special emphasis in - employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment service office who will 'attempt to informally resolve the complaint and then refer the complaint with a •report on the attempt to resolve the matter to the State office of the Veterans' 'Employment Service of the Department of Labor. • Such complaint shall then be promptly referred through the Assistant Regional Director for Manpower to the .Secretary,of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. • (i) The Contractor agrees to place this clause (excluding this paragraph in any subcontract directly under this contract. 11. DEVIATIONS • (i) Under the most compelling circumstances such as situations•where the needs of 'the Government cannot reasonably be otherwise supplied, where listing of . employment openings would be contrary to national security, or where the re- quirement of listing would otherwise not be in the best interests of the . Government, a deviation from this subpart may be made, subject to the approval of.the Secretary of Labor. Requests for any such deviations shall be addressed -to the Assistant Regional Director for Manpower, U.S. Department of Labor, .Federal Building - U.S. Courthouse,' 1100 Commerce Street, 7th Floor, Dallas, Texas 75202, wherein the contract is to be signed, and shall set forth the reasons for the request. 44 • • r . ORDER OF PRECEDEI+ICE 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) • The regulations as approved by the Secretary of Labor 3. Special Clauses PVC 74-7 5. FM 74-4 . 6. The Comprehensive Manpower Plan as stated in the grant as applicable to each title. . Motions 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 marl 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 agent the yearly salary. 3. That each program be allowed 14 per mile travel expense. 4. That out -of -area travel for each program not exceed $25 per day. June 27, 1974 5. AMENDMENT TO APPROVED MOTION #3 (6-17-74): That each CETA employee be allowed a maximum of 12¢ per mile car allowance for all authorized travel. 6. That it is strongly recommended that 50 percent of all 44 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. June 2. 1975 7. That no contractor exceed 17% for administrative cost. 8. MEND/ENT TO APPROVED MOTION #4 (6-17-74): That all out -of - area travel for any program have clearance by the staff. July 17, 1975 9. AMEIDN NT TO APPROVED MOTION #5: Allowance of up to 16¢ per • mile for travel. • �3 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. A • •- • - •'. CERTIFICATION • . - • • • • - FOR 'CASH DEPOSITORIES --., • . .•.•PM 74-7 • ATTACHMENT A - Paragraph 3 • y. •.• • • • • • • •, The undersigned hereby certify that: - "Anymoneys advanced to the State or local governments which are determined . to be public moneys (owned by the Federal Government) must be deposited in • a bank with FDIC insurance coverage and the balances exceeding the FDIC coverage must be collaterally secure, as provided for in 12 U.S.C. 265. •" • . Bank Name Nueces National Bank 1434 South Port Corpus Christi, TX (Signatr. ., e) - . ..• • Name Jobs for Progress, Inc. of C.C. (SER) 1201 S. Port C.C. TX 5/28/76 5/28/76 • • (Date) / Roy L. Client • (Type Name) • President (Title) (Date) Eppy Gonzales (Type Name) Chairman of Board (Title) '17 EME] T FOR SPECIAL BANK ACCOUNT The Jobs for Progress, Inc. Of C.C. (SER) hereinafter referred to as the . Contractor; the Administrative Unit of the Consortium hereafter called the Prime Sponsor and Nueces National Bank . • -a banking corporation located at 1434 South Port Avenue Corpus Christi TX 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 "Jobs for Progress, Inc. of C.C. (SER) Special Bank Account," hereinafter referred to as the Special Bank Account. •- 2. The Bank is "insured" within the meaning of The Federal Deposit . 'Insurance Corporation Act (Act of Sept. 21, 1950; 64 Stat. 872 as amended 12 U.S.C. 265). 3 The Bank will be bound by the provisions of the Contract' - referred to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Bank Account except by persons named in said contract as authorized to incur and pay costs on behalf of the contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The prime sponsor shall have a lien upon the credit balance in the ' Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord - dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the. Special Bank Account, the Bank will promptly notify the prime sponsor. 7. Authorized representatives of the prime sponsor shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the Inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bank Account. 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 N Nueces National Bank . BANK COLLATERAL required, based upon estimated maximum bank balance, (excluding FDIC .coverage of $40,000, is $ SIB+ TURF p , n IL (/ ' D E f O/ - - TYPE' NA. Roy L. Clint TITLE • - CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME A URE .� TE -2.- - S — 7L SIGNATURE/ / DATE 5/28/76 TYPE NAME • R.- Marvin Townsend .i 1 Eppy Gonzales TITLE City Manager - TITLE Board Chairman AUTHORIZATION FOR ADVANCE PAYMENT An initial advance payment to the contractor in the sum of $15,750.00 . •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 payments without interest is in the public interest. 3 • CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, 'the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chief Financial Officer Check if one has not been appointed or designated. Q Mary Lozano Office Manager /Adm. Asst. 2. Will the Accounting System be directly maintained by you? DI Yes J No (If No, who will maintain-the account- ing system? Name and Address Jobs for Progress, Inc.,of C.C. (SER) 1201 South Port Avenue Corpus Christi, TX 78405 3. Are you Familiar with the Department of Labor Audit Requirements? Yes D No 4. Description of your Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) The financial accounting system id done manually. It is a double entry bookkeping system. SER /Jobs for Progress, Inc., will comply with the requirements of the Comprehensive Employement and Training Act and the regulations and policies promulgated thereunder; and it will comply with 0.1B circulars numbered A -87, A -95 and A -102, as those circulars relate to the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and o ther documents under the Comprehensive Employment and Training Act. 3 USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code 4-1-9)/ 1. Date of Execution EPP) Gonzales, Chairman of Board 883 -4333 Signature BONDING REQUIREMENTS 1. List of persons authorized to sign checks or withdraw funds .from the Special Bank Account. Copy of Bond covering those Name ,1.. Eppy Gonzalez . 2.' Hugo Berlanga 3. Rosa Ena Gutierrez " 4. Bernardo Sandoval 5. Mark Smith ' persons. Title Board Chairman Vice - Chairman Secretary Executive Director Treasurer r INSURED'S NAME AND MAILING ADDRESS SER JOBS FOR PROGRESS • 1201 S. Port Corpus Christi, Texas L J HISURGINCE DIMDILN DATE 3 -19 -76 INSURED'S BUSINESS /OCCUPATION LOCATION OF RISIC Corpus Christi, Texas PENDING ISSUANCE OF A POLICY, and in consideration of the stipulation herein contained, the Company listed below is hereby bound to the insured for a maximum of 30 days, and fewer if so stipulated under "days effective," from A.m. (standard time) on the effective date until A.m. (standard time) on the date of expiration. P.M. P.M. EFFECTIVE DATE 3 -19 -76 to 6 -30 -76 BAYS EFFECTIVE NAME OF INSURANCE COMPANY VICTOR M. GON7ALE7 INS. AGENCY TYPE OF COVERAGE' BLANKET POSITION BOND POLICY LIMITS /AMOUNTS LIABILITY: C BODILY INJURY LIABILITY \ S Each Peron S Each Occurrence D PROPERTY DAMAGE LIABILITY S OccurE rere nce D N/A s Aggregate D MEDICAL PAYMENTS S Each Peron D SINGLE LIMIT S Occurrence n _ s OTHER: (FIRE. CASUALTY. MARINE) DESCRIPTION/REMARKS: POSITION COVERED $50,000.00 EXECUTIVE DIRECTOR $50,000.00 TREASURER $50,000.00 CHAIRMAN $50,000.00 VICE CHAIRMAN $50,000.00 $50,000.00 SECRETARY NAME OF MORTGAGEE (IF ANY) It is expressly stipulated that this binder is issued subject to all the terms and conditions of the policy regularly issued by the Company in the state in which the operation or property is located, which policy is hereby made a part hereof to the same extent as if fully set forth herein; and to the payment of such premium as may be found to be due to this Company, which premium, in the event of loss before expiration of this binder, shall be fixed at the full annual premium for the sum insured. It is a condition of this binder that whenever the Policy of this Company is issued in lieu of its undertaking under this binder, its obligations hereunder shall cease and be void; provided, however, that this binder shall not continue in force beyond the expiration date stated herein. In no event shall this binder continue in force beyond thirty (30) days from the effective date of this binder. This binder is made and accepted subject to the foregoing stipulations and condi- tions and shall not be valid unless countersigned by the duly authorized agent of this Company. This Binder may be cancelled at any time by the Insured by its surrender to the Company or to this agent, or by giving notice to the Company or to this agent when thereafter the cancellation shall be effective. The Binder may be cancelled by the Company, or by this agent in behalf of the Company, by mailing to the Insured, at the address shown above, written notice stating when not less than ten (10) days thereafter such cancellation shall be effective. The mail. ing of notices as aforesaid shall be sufficient notice. The effective date of cancellation stated in the notice shall becomo the end of the binder period. Delivery of written notice shall be equivalent to mailing. When more than one Company is named in this binder, the above stipulations apply separately to each Company. VICTOR GONZALEZ, AGENT FARMERS INSURANCE GROUP 2.60; 0iO a.M O,st sppacsble in itama) PHONE OFF. 343762 t,UKt'Ub L.HFi10 11, 1 n/ A. o / 3 4O5 COUNTERSIGNED on the effective date shown above at: Sy INSURED'S COPY INSURANCE REQUIREMENTS Copy of workmen's compensation policy including persons covered on similiar type.of insurance for some purpose. 4 OFF 0J x011rMO4 SGYINa • CQ..pl1S •STAB DRY L5 • RATE • 00 • • C/5 CODTC - CEEi(ST1,TX •• •in FILE 42,401 . WORKMEN'S COMPENSATION AND • • - ..EMPLOYERS' LIABILITY POLICY 1 AND RED ►_ SER JOBS FOR PROGRESS INC. OF CORPUS :ADDRESS CHRIST' - • r -..r ... 1261 SOUTH PORT ' . - CORPUS CHRISTI, TEXAS 73405 • ,(Show Number and Street or RFD. City. State and Zip Code) • -. -'- Locations —AII usual workplaces of the insured at or from which operations _ - .=address unless otherwise stated herein: 9 CABS ID- .7rri SG L ACCOUNT ND• THU /ETNA CASUALTY AND SURETY COMPAN' If policy subject to three-year fixed rate manual rules °a type 'X' in this block 0 POLICY NUMBER • • . 18CT 18794 • cm. Individual ['Partnership ❑Corporation ER Other: 72011 PROFIT ORGAII IZAT10n covered by this policy are conducted are located at the abov '2. POLICY PERIOD ., From 2.3-76 • -• to 2.347 12:01 A.I Standard Time at the address of the Insured as stated herein. - :-3. Coverage A of this policy applies to the workmen's compensation law and any occupational disease taw of each of the foilowin • -states: • ' 'il`XitS -•4. Classification of Operations Entries in this item. except as specifically provided elsewhere in :,this policy, do not modify any of the other provisions of this policy. y Clerical Office Employees N.O.C. • • '' Salesmen, Collectors or Messengers— outside :' T i'i ,.T• Drivers, Chauffeurs and their Helpers N.O.C.— commercial •.'' ' s -('if not specifically included below) ar . • COLLEGES OR SOHO LSi PROlrESSIONA!. MOTELS, TEACHERS OR CLERICAL - ALL OTHER EMPLOYEES . PBDl.. surituara G e,-c, rt?ft.]o: _ -: l= i:._ : c: t- r .' -j iJ i,'.t:.:.: ati . :iPd, •.f.'s . tf applicable, type ❑ Loss Constant 7C in proper block ❑ Expense Constant ❑ Loss & Expense Constant -Code. Numbers Premium Basis Estimated Total. Annual Remuneration Rates Estimated Per 5100 of Annual Premiui Remuneration 8810 8742 . 7380 8868 9101 96,503. 180,102. tarn,? •.2!,. 3.21 232. • MINIMUM PREMIUM • 75. DEPOSIT PREMIU4. J $ 4209. TOTAL ESTIMATED ANNUAL PREMIUM It indicated herein, interim adjustments of premiums shall be made: C❑Semi•Annualiy Quarterly 0Monthly Endorsements made part of the policy (designated by Endorsement number): U114.1, CC460, C2063,FORt4 51.1, Tx3.2 5. Limit Of Liability for Coverage B— Employers' Liability: $ mow, ' subject to all the terms of this policy having reference thereto. I FILE DEPT._ OUTSIDE RPT. UND. APP. UND. PROC. 1( - I I I — , . 1 - - - -- - - ACZFNIT/S CC]PY - • - . .. - 3 Year Policy Installments Payable: In Advance ► $ 1st Anniversary) $ 2nd Anniversary/ $ Workmen's Compensation and Employers' Liability Policy ANNIVERSARY RATING DATE ENDORSEMENT It is agreed that. effective as of the Insured's normal anniversary rating date stated below. the premium bases and rates ap- • pl lceblo to the Pol icy shall be adjusted In accordance with the manuals In use by the Company on such date, such adjust- • • ment to be stated in an endorsement to form a part of the Policy: K' . • Normal Anniversary Rating: Date: • �� :J• • This endorsement, Issued by one of the below named companies, toms ti pert of the policy to which snitched, effective on the inception - date of the policy unless otherwise stated herein. The information below is required only when this endorsement ie issued subsequent to preparation of policy.) ' • • • • Endorsement effective Policy No. . Named Insured THE /ETNA CASUALTY AND SURETY COMPANY .THE STANDARD-FIRE INSURANCE COMPANY Countersigned by THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT • Hertford. CereMCticut• 06115 • •IC04604) 11.73 • it •, • • Endorsement N. (Authorized Representative) • CAT. 33524A PRINTED IN U.S.A. r • • 'Workmen's, Compensation and Employers' Liability Policy EXECUTIVE OFFICERS, PARTNERS AND SOLE PROPRIETORS ENDORSEMENT —TEXA • • It is agreed that: - • • (1) Such insurance as Is afforded by the policy by reason of the designation of Texas in Item 3 of the declarations does not apply to injury, including death resulting therefrom, sustained by any executive officer of the Insured. Partner or Sole • • Proprietor of the Insured except such, if any, as are designated below or in Item 4 of the declarations. (2) "Remuneration;' when used as a premium basis for such Insurance, shalltnot include the remuneration of any executive . - office partner or sole proprietor of the Insured not so designated. _ • Designation of Persons W COVERAGE V2OVIID Thls endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. . (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Policy No. Endorsement. No. Endorsement effective ' Named Insured Countersigned G Authorized Agent TEXAS FORM TX-32 • CAT. 332171 y PRINTED IN USA • r"^-.' AMDXi� • •� • • NAME • - C M S PAYMENT TAX DIST. TRANSACTION • TYPE io LINE OF BUSINESS C 10 A . POLICY EFF•. DAT 1,E0 -S POLICY E»YXX DATE s 0 ER 'CUNTC ACHING p, DDES OFFICE CODE C/S COOE �1 3..T PLAN TERRITORY BIM TS OF LIABILITY DR. NEC. LINE DESIG. FORM OR CLASS DISC PREMIUM AS ID EXPOSURE ' ACCOUNT NUMBER STATE RATE BI PD MED END•T FORM NO • WORKMEN'S COMPENSATION ENDORSEMENT E(CIUSION OF MARITIME LIABILITT ENTORSEMENT It is agreed that this policy does not apply to injury, including death _ resulting therefrom, sustained by (t) . (1.) •a master or a member of the crew of any vessel, or (2.) any person in -the. course of an employment subject to the United States Longshoremen's and Hazbcrrn :iorkerst Compensation Act, U.S. Code (19116) Title 33, Sections W1 -119;) • but (part 1) of this exclusion does not apply to any person empleyed by the __,..insured -ia pay-classification designated below. •• Classification 1. 2. .Mimeo 198 (2 -75) Form 51.1 This endorsement, issued by one of the below named companies, forms a put of the policy to which attached. effective on the inception date of the policy unless otherwise stated herein. . . , (Tbe iafartaatioa Moo it nquind only Mbm tbit mdwitmrnt is inued subngtuu to prtporation.f ?dig.) • Endorsement eScccive Named insured Additional Premium $ The /Etna Casualty and Surety Company • The Standard Fire Insurance Company Policy No. Retina Premium $ is Advance S • 1st Anaiv. S Sad Atmiv. $ ' Eodotoemcpc No. PD i i' r OFFICE OF THE SECRETARY OF STATE 'CERTIFICATE OF INCORPORATION OF JOBS FOR PROGRESS, INC.,,OF CORPUS CHRISTI, TEXAS CHARTER NO. 231134 The undersigned, as Secretary of State of the State of Texas, hereby certifies that duplicate originals of Articles of Incorporation for the above corporation duly • signed and verified pursuant to the provisions of the Texas Non -Profit Corporation Act, have been received in this office and are found to conform to law. .ACCORDINGLY the undersigned, as such Secretary of State, and by virtue of the' authority vested in him by law, hereby issues this Certificate of Incorporation . and attaches hereto a duplicate original of the Articles of Incorporation. Dated JANUARY 20 49_6_7 cn x(•43.: en 1 • • • - • -.'ARTICLES OF INCORPORATION OF -JOBS FOR PROGRESS, INC., • OF --CORPUS CHRISTI, .TEXAS • We, the undersigned natural !persons of the age of . pied in the Cfliee of tl Secreary of Stara of Tex._ 'Chit•- '•"`. - ?'. • _:�.•1- ::.._:'.. -.�.- ratites D:t'i*fon Director. Cnrae twenty -one (21) years or more, all of whom are citizens of 1 ;Texas, acting as incorporators of a c`rporation under the Texas 'Non- Profit Corporation Act, do hereby adopt the following ,Articles 'of Incorporation for such corporation: ARTICLE I , - .. •°The "•name of the corporation its Jobs for Progress, Inc., •of Corpus Christi, Texas. - 'ARTICLE II The corporation is a non - profit corporation without =-capital stock. ARTICLE III • ' �<The period of its - duration is one hundred (100) years. - - --- - -` - • ARTICLE •IV • . . - . • - -The purposes for which the corporation is organized are as follows: PROVIDED THAT SUCH PURPOSES SHALL BE SUBJECT TO.THE PROVISIONS OF ARTICLES 1302 -4.04 AND 1302 -4.05 OF VERNON'S ANNOTATED CIVIL STATUTES AND THAT THERE SHALL BE NO BANKING OR DISCOUNT PRIVILEG !A' 1. CTo help eliminate the paradox of poverty in.the . '.midst of plenty,in this nation by helping all governmental agencies in opening to everyone the opportunity to obtain work, the opportunity • for education and training, and the opportunity live in4decency • -- ' i - . . •_- ---,rand' dignity, all 'pursuant ' to''t'h - Economic- Opportunity Act- -of• 1964 ' --- of the United States of America / • - 2. <To•enlist the financial support and cooperation of . city, state, federal governments and private institutions in carrying out the national administration's objectives in the campaign • ac;•3inst poverty. C • 3. To develop specific projects generally as follows: ..:a7ob education training services•and schools; job placement and .=employment; the relocation of peoples :not trained in areas not being . served by other groups or organizations, so that those for whom this program is intended can reap the,f‘lt measure of benefits to derived therefrom; rehabilitation d'f displaced and injured workmen; and work with other groups in labor and industry to • foster employment. 4. To seek objectivity an'd' impartiality in the administratio of the program for carrying on the war on poverty by helping the qualified to gain better positions or, employment in job placement programs, to train those who are not•gualified, but trainable, to do work.that will better their position in life, and to help relocate those persons who are qualified for employment, but who reside in areas where the unemployment rate is high, to other areas. --5. To undertake, promote, develop and carry on training or educational work, to-establish and maintain in whole or in part educational or training centers, jobiplacement agencies,, and relocation centers, and without limiting the generality of the foregoing, in the absolute discretion of the Board of Directors, to make•contributions and loans out of its assets, (without limit as to the amount going to any one recipient, or, in the aggregate, to all recipients), to or for the use of any and all corporations, organizations, foundations, institutions, the United States, any state, territory, or political subdivision thereof, the District of Columbia, governmental bodies, individuals, Or projects for training or educational purposes, for the benefit or welfare of r-t.--r - --needy men, women, or chi ldren,- for the improvement of their living and working conditions, for the alleviation of human sufferingl for the advancement of knowledge and learning, and for providing 1 facilities for job opportunities, training, and relocation. 0 -6. To acquire, receive, purchase, take by gift, grant, .devise, bequest, or otherwise, real, personal, and mixed property of every kind and description, wheresoever the same may be situated and without limit as to amount, including, without limiting the generality of the foregoing, money, lands, buildings, mortgages, shares, stocks, debentures, or other securities of .anyjdonor,•bi11s, notes, claims, or any evidence of indebtedness and interest in any property which may be necessary or convenient for the conduct of the project or projects, to hold, invest, reinvest, -use, mortgage, pledge, sell, lease, assign, give, exchange, transfer or otherwise dispose of the same at pleasure; to borrow money of any person, firm, or corporation and to issue notes or obligations of the project from time to time for any of the objects or purposes of the project and secure the same by lawful means; to enter into, make, perform and carry out contracts of any kind or nature for any of the objects or purposes of the project without limit as to amount; and to have one or more offices to carry on all or any of the operations and the exercise of any of the powers of the project. 7. To do all and everything necessary, suitable and proper for the accomplishment of any of the purposes or the attainment of any of the objects or the furtherance of any of the - powers hereinbefore set forth and to the same extent as natural persons might or could do, either alone or through the agency of . other corporations, organizations, foundations, institutions, ''governmental bodies or individuals, and to do every other act or acts, thing or things, incidental or appurtenant to or = growing out --of-or connected with the aforesaid objects or purposes or any part` or parts thereof, and to do all things not forbidden by the laws of the United States,-State of Texas, or any political subdivision :where this corporation is duly qualified; and with all the powers conferred upon corporations by the laws of said state. 4- _•3 ARTICLE V The conditions, terms and qualifications for membership," and the operation of this. corporation shall be as provided for in the By -Laws of the corporation and as directed by the Board of Directors. ARTICLE VI. The address of the initial registered office of the • Lulac Home, corporation is/5550 Kostoryz, Corpus Christi, Texas, and the name of its initial registered agent is JOSUE V. QUINTANILLA, 5550 Kostoryz, Corpus Christi, Texas. • ARTICLE VII " The private property of the incorporators,.members, directors and officers of the project shall not be subject to the payment of the corporate debts or corporate liabilities to any extent whatsoever. - =F' 'ARTICLE VIII 'In the event of the liquidation; dissolution or winding up of the corporation, whether voluntary or involuntary or by operation of law, any disposition made of the assets of the corporation shall be such as is calculated exclusively to carry out the objects and purposes for which the corporation is formed; upon either of such events occurring, any disposition of assets will be by conveyance to an organization with similar purposes. . ARTICLE IX The number of Directors constituting the initial Board of Directors is Ten (10), and thereafter as may be prescribed by " the Board of Directors. Tne names land addresses of the persons who are to serve as the initial Directors, are as follows4 1. Dora Garcia --1609 Tarlton, Corpus Christi, Tex 2. F. H. Saavedra Cor'pus Pinewood Christi, Texas 3. Josue V. Quintanilla 4529 Larkspur, Corpus Christi,•TE 4. Oscar Del Rio 4333 Marie, Corpus Christi, Texa: 5. Guadalupe Valdez, Jr.2218 Roslyn St., Corpus Christi,' c day O. Pedro r 7. Gilbert M. Mora s. C. S. Garcia 9. Mrs. ?red •ralloths 10. Dr. !Hector P. Garcia rasa ARTICLE X The name and street address of each incorporator is: Milsoa Building, Corpus CAristi,Tex. 4417 Castenon St., Corpus Christi,Ta 4726- Msblo. Corpus Christi, Texas 2260 Loritte Dr., Corpus Christi.Tem 1315 Bright St., Corpus Christi, Tea 1. Dora Garcia 2.' P. 0. Saavedra 3. Josue V. Quintaailla 4. Oscar Del Rio S. 0m8daiupe Valdes, Jr. i. Pedro P. Garcia 7. 3Gilbert M. Mora B. C. 3. Garcia 9. Mrs. Prod irnlloths 10. Dr. Rector P. Garcia IN WITNESS . of ��Pf�I'ILt1�t/ 1809 Tarlton. Corpus Christi, Teas 1609 Pinewood Dr., Corpus Christi, Texas 4529 Larkspur, Corpus Christi, Tex. 4333 Marie. Corpus Christi, Texas 1218 Roslyn St.,-Corpus Christi, Tea Wilson Building, Corpus Christi,Tex 4417 Castonon St., Corpus Christi,T, 4726 liable, Corpus Christi, Texas 2260 Loritte Dr., Corpus Christi, T 1315 Bright St., Corpus Christi. Te w hereunto set our hands this ? r_ ,,• A.D., 1960 Jettty I&4,c LSc DORA GARCXA F. R. SAAVEDRA V. QUINTAOILLA ` DScAR DEL R! r SWORN AND SUBSCRIBED BEFORE ME TH I S.tnuk _ DAY OF , J Q.czm t) 1966. NOTARY RELIC IN AND FOR NUECES COUNTY, STATE �OFjTEXAS. �f1124 %L%4' c `V1-0 Et M/9 /tc%N/•iiv4e NOTARY PUBLIC, NUECES COUNTY MY COMMISSION EXPIRES JUNE 1, 1967 LLDRO P. OARCXA .C. 8. GARCIA' rv-c9 /RS. TEED oauLtorns STATS OF TUN COUNTY or Notary Public, do 1%4rsby certify that on this <-24-2-1 day of d /.Vl1Z,7714 I , . 196�'., personally appeared before me DORA GARCIA. P. S. SAAVLDAA. JOSUE V. QUI T aXLLA. OSCAR DEL RIO, GW►DALUPS VALDEZ, JR., PEDRO P. GAACIA, GILBERT X. NOM. C. 6.- GARCIA, MIS. FRED BRULLOT89, and =CMS P. GARCIA. who being by me tiret duly sworn. each declared that he is the person•who signed the foregoing document as an incorporator, wind that the statements therein contained ass true and correct. • IN WITI!5S 152EA7, • I have hereunto set my hand and seal of office the day and year above written. , elive4 :.y P .1 C n . Or a'�n Susoes County, Texas yy ocanissioa expires Juts 1, 1,67 yn4AEi JOBS FOR PROGRESS, Inc. SERVICE • EMPLOYMENT • REDEVELOPMENT 1201 South Port Ave. Phone: 663.4333 CORPUS CHRISTI, TEXAS 78•05 May 28, 1976 Mr. Juan Bosquez MAnpower Coordinator Coastal Bend Manpower Consortium P.O. Box 9277 Corpus Christi, TX 78408 Dear Mr. Bosquez: At a special called meeting which was held on Friday, May 28, 1976, the SER -Jobs for Progress, Inc., Board of Directors approved the following motions: 1. To enter into contract with the Coastal Bend Manpower Consortium on the OJT Summer Youth Program Proposal. 2. To authorize Mr. Eppy Gonzales, Chairman of the SER Board, to sign all documents concerning the OJT- Summer Youth Program. • Both motions were approved unanimously. Any further questions concerning our OJT Summer Youth Proposal, please feel free to call me. Si 'erely, 16 0-1-04 rdo Sandoval Executive Director lcm cc: Eppy Gonzales Board Chairman Board Members OPERATION SER IS SPONSORED BY LULAC AND THE AMERICAN 6. 1. FORUM JOBS FOR PROGRESS, INC. OF CORPUS CHRISTI, TEXAS BOARD OF DIRECTORS NAME 'OFFICE 'ADDRESS TELEPHONE REPRESENTING 1. Mr. Eppy Gonzales Chairman P.O. Box Drawer 521 78404 883 -5211 Ext. 265 k Industry 2. Mr. Hugo Berlanga Vice - Chairmna 305 Old Robstown Rd 78408 888 -8181 LULAC 3. Ms. Rosa Ena Gutierrez Secretary 1315 Bright 78405 883 -1789 G.I. Forum 4. Mr. Mark Smith Treasurer 525 S. Shoreline 78401 883 -7493 LULAC 5. Mr. Adam Basaldua 2034 Gollihar 78416 853 -0118 LULAC 6. Mr. Rudy Garza 2601 Morgan 78405 884 -0484 G.I. Forum 7. Ms. Yolanda Peron±! 3449 Lawnview 78411 939 -3317 LULAC 8. Mr. Frank Garza _ 2601 Morgan 78405 884 -0484 G.I. Forum 9. Mr. Oscar Del Rio 4333 Marie 78411 883 -3828 G.I. Forum 10. Mr. Adolfo Moreno 5025 Kasper 78415 852 -0635 G.I. Forum 11, Ms. Mary S. Garcia 310 Longview West 78408 883 -3828 Ex- Trainee 12. Ms. Jovita-Pitts 1602 Main 78409 991 -6810 Ex- Trainee 13. Ms. Yolanda Keneally 1503 Apt. A Horne Rd 78416 852 -4111 • Ex- Trainee 14. Judge Manuel Cantu Nueces County Courthouse 78401 882 -1771 Elected Official 15. Mr. Oscar Reyna 4325 Hondurua 784110 853 -5957 Union • 16. Mr. Joe Longoria 3515 Mimosa 78408 882 -8285 LULAC t CONTRACT SIGNATURE SHEET PRIME arONSOR: Coastal Bend Manpower Consortium P. 0. Box 9277 Corpus Christi, TX 78408 CONTRACTOR: Manpower Administration - City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78408 This contract is entered into by the Administrative Unit of the Coastal Bend Manpower Consortium, hereinafter referred to as Prime Sponsor and Manpower Administration hereinafter referred to as Contractor. The Contractor agrees to operate a Manpower Services Program in accordance with the _ provisions of this agreement. This contract consists of 20 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 June 1, 1976 to September 30, 1976. B. OBLIGATION Total CETA funds obligated by the Prime Sponsor are $ 20,000 1. Funds carried in from previous program year are $ N/A 2. New funds obligated are $ 20,000 • 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 , 1976 BY: BY: BY: R. Marvin Townsend, Contracting "Officer Signature R. Marvin Townsend, City Manager Name and Title Jason Luby, Mayor ATTEST: APPROVED: DAY OF , 1976 City Secretary APPROVED: DAY OF Date , 1976 City Attorney Director of Finance CETA- January, 1976 A. GRANTEE'S NAME AND ADDRESS • Manpower Administratioxi City of Corpus Christi Corpus 9277 Corpus Christi, Texas 78408 u.s. DEPARTMENT Of LAOOrr Manpower AdminIatrsllon BUDGET INFORMATION SUMMARY B, GRANT NUMIIER • N/A C. TYPE OF Pnoa7IAM 1. 0 Title I 3. Tltto Ili 4. ❑ Title VI 2. 0 Tllle II 3. RTltte III D. FOR REGIONAL OFFICE USE ONLY I •1 • i ` `1 I 1 t1I K�{ D" _I 0 — i CONIIACI KCV 4'° d MOD. DATE Ih o u u 1 u ° oo d ` a oad tea Z tu MM DO V Y _ G Iff '{I1 ..<• j 2 l 3 i4 1 5 rI TIT 0 1 5 1011! 131 t3 l4 15 10 17 10 1020 212223 2425 20127 20 70 30 E. BUDGET SUMMARY COST CATEGORIES a. GRANT vRUCIlAbi r UNCrI(IN OTT ACTIVITY ' 1. Administration ESTIMATED UNEXI ENDED rUNDS NEW OR REVISED DUOGCI L TOTAL - b. redcral e. Non•fodural 4. Federal c. Non•Flderal %' :r . i :i; : s',7};, • , ::` "•A :; ;> ^ 1 2 C 3 2 2G , 111 • •` : , $.20,000 • 2. Allowances ®� �- a. U a „vr; ,il �, Yr- `.,�.: -., ,.. , 'S•y.; -- _._..V�.... ' 3. Wages '� 44 53 ,1. Ftirsge Benefits i`d� ", .. 5. _� .� 62 71 Sorwce4 G. Strotcrs • U�. :` ._ _.g_•..--, _ ,oro • L1 . Ralal 2 © 26 G 1 $20,000 35 $20,000 ' F. CUMULATIVE QUARTERLY PROJECTIONS Of OBLIGATIONS AND EXPENDITURES (For Quarto,' Ending . 1 2 3 !':T 21 22 23 24® in 2 3 '' 21 22 23 24 25 1 2 3 Er 22 23 24 25 l�rj ®® ® ®® �IM0M- 26 I� � m 7� .: r't' 3 3S 44 53 .:.,, 2G $20,000 0 9 7 �`,: '- ` Y4 29 3 1 2 �- • i, 3.; G :4, NM 0 3 7 3 _ 2G G �>�s_T_" � I. Prime Sponsor Obligations $20,000 3_ d::, 35 2., Total Projected Expenditures by Program . 1,732 . 728 •` '• '. a � 2 v 44 ^+ 44 r a. Classroom Training. Prime Sponsor 53 %% 53 b. On•IheJob Training 62' .' B, 62 c. Public Service Employment ; 162 I; 71 3 4 35 17,540 71 (° T, 71 d. Work. Experience 3 2G 1 2 3 20 a 26 2G e. Services to Participants 4 35 G ;�''�• 4 35 �1 1. Other Acirvities 3. Projected Expenditures for Vocational Ed. in Special Grants to Governors 44 e5. . 44 : •0 44 53 ., •'^ 53 21. Projected Ex.pe ndnure% of Ilon•Fod. Funds 53 5. Other Fed. Funds. tlol in Prime Spon. Gran '. 62 ,' 62 � N• ;k 62 71 G Grand Total • Pro;ecled rxpcndiiores 71 $20 000 "w• 71 5.145 (AP TITLE I NAME OF CONTRACTOR: Fiscal Year 1976 • Modification No. PROJECT COMPONENT BUDGET F-1 TITLE II I X ( TITLE III City of Corpus Christi ' N/A FUNCTION OR ACTIVITY: Manpower Administration Office (1) ADMINISTRATIVE COST: (2) WAGES: (3) TRAINING: (4) FRINGE BENEFITS: (5) ALLOWANCES: (6) SERVICES: BUDGET APPROVED CHANGES REVISED' BUDGET (-k- or —) BUDGET $ 20,000 $ N/A $ N/A TOTAL $ 20,000 $ N/A 4,I /A BACK —UP SUPPORT BUDGETS (1) ADMINISTRATIVE COSTS a. STAFF COSTS: b. FRINGE BENEFITS: c. CONSUMABLE OFFICE SUPPLIES: d. PROGRAM EVALUATION: e. ACCOUNTING SYSTEM: f. MANAGEMENT INFORMATION SYSTEM: g. STATE MANPOWER SERVICES COUNCIL: h. PRIME SPONSOR PLANNING COUNCIL: i. TRAVEL: j. RENT: k. UTILITIES: 1. CUSTODIAL SERVICES: m. INDIRECT COSTS: n. STAFF TRAINING: o. TECHNICAL ASSISTANCE: p. EQUIPMENT: q. MATERIAL: r. CAPITAL IMPROVEMENTS: s. PUBLICATIONS: t. AUDIT SERVICES: u_ OTHER: (Specify) v. OTHER: (Specify) w. OTHER: (Specify) z. OTHER: (Specify) SUB -TOTAL BUDGET ' APPROVED CHANGES REVISED BUDGET (F or -) BUDGET 20,000 $ 20,000 $ $ N/A $ N/A $ N/A Program Narrative The Administrative Unit bears the responsibility of accountability of federal funds awarded through contracts with units of local government, and public and private agencies in the Coastal Bend Consortium Area. The Manpower Administration sub - component of the Administrative Unit, in conjunction with the Office of Finance and Accounting under the authority of the Administrative Unit, maintain the internal administrative controls for the operation of programs by the contractors and subcontractors. In order to fulfill the fiscal responsibilities under the Administrative Unit, the Manpower Administration Office has budgeted audit services in the amount of $20,000. 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), hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; and - b.. It will comply with OMB Circular number A -95 and Federal Management Circulars (FMC) 74 -4 and 74 -7, as those circulars relate to functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, and other documents under the Act. 2, The applicant further assures and certifies that If the regula- tions promulgated pursuant to the Act are amended or revised, it shall comply with them or notify the Regional Administrator fors Employment and Training Administration (RA) within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the RA 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;-that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained • therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional-information as may be required (sections 102(a); 701(a)(9) and (10)). b. It will comply with Title VI of the Civil Rights Act of 1964, (P.L. 86-352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement. c. It will comply with Title VI of the Civil Rights Act of 1964, (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) dis- criminatory employment practices cd.11 result in unequal treatment of persons who arc or should be benefiting from the grant -aided activity. Revised May, 1976 -,d. No.persoh with responsibilities in the operation of any pro- gram under the Act will discriminate with respect to any program par- ticipant or any applicant for participation in such rormf affiliation or because o race, creed, color, national origin, sex, age, political beliefs (section 703(1) and 712). - e. It will comply with the requirements of the provisions of the Uniforms Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. f. It will comply with the provisions of the Hatch Act which limit the political activity of employees. g.' It will comply with the requirement that,no program under the Act shall involve political activities (section 710)_ h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a.desire for private gain for themselves or others, par- ticularly those with whoa they have family. business,'or other ties (section 702(a)). . • • ' i. It will give the Department of Labor and the Comptroller General through any authorized representative. the access to and the right to examine all records, books, papers, or documents related to the grant (section 713(2)). • j. Participants in the program will not be employed on the con- - struction, operation, or maintenance of-that part of any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and - training situations will be maintained (section 703(5)). - 1. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the applicant (section 703(4))- - • m. Provision of 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 provision of workmen's compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity Revised May, 1976 Page 3 of 9 pages • der the Act; i.e., work experience, on -the -job training,.puhlic service - mployment, classroom training, services to participants, 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 workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre - employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). p. Training and related services will, to the extent practicable, . be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become econom- ically self - sufficient (sections 703(9) and 105(a)(61). q. Institutional skill training and training on the job shall - only be for occupations in which the Secretary or-the priate 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 otherwise be available for the planning and administration of programs under the eligible applicant's grant (section 703(11)). • s. It will submit reports as required by the Secretary and will maintain records and prov.i.de access to them as necessary for the Secretary's review to assure that funds are being expended in accordance with the pur- poses and provisions of the Act,.including the maintenance of records to assist the Secretary in determining the extent to- which the program meets the special needs of disadvantaged, chronically unemployed, and 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 con- trols, personnel standards, evaluation procedures, availability of in- service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for the manpower needs of youth in the area served (section 703( 15), and will assure that: 'Revised May, 1976 1 Page 4 of `) pages . (1) iIndividuals receiving training on the ob slhcreahe co pensated by the employer at such rates, including p 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 111(b)). (2) Persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of (a) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such title applies to the participant and if he were not exempt under section . 13 thereof. 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 applic for able; (b) the State or local minimum wage for the most nearly cem pe employed covered employment, or (c) the prevailing rates of pay persons in similar public occupations by the same employer (section 208(a)(2)). w. It will comply. with the labor standards requirements set out in section 706 of the Act. • X. Services and activities provided undeh Act t will be ad- ministered by or under the supervision of the applicant 105 (a) (1) (B) and 205 (c) (1)) . - y. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. z. If the applicant is financed by letter of credit: (11 Letter of credit cash drawdowns will only be initiated when actually needed for its ETA erant(s) disbursements; (2) Timely reporting of cash disbursements and balances will be made to the Manpower Administration as required; (3) It will impose the same standards of timing and amount upon any secondary recipients including the furnishing of reports of • •cash disbursements and balances. B. Additional Assurances for Title 1 Programs In carrying out programs under Title 1 of the Act, the applicant assures and certifies that: Revised May, 1976 1. Manpower services, including job' development, will be provided to the most in need of-them including low income persons and persons of limited English- speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a)(1)(D)). 2. Programs of institutional skill training shall be' designed for occupations in which skill shortages exist (section 105(a)(5)). 3. The plan meets all the requirements of section 105(a) and the applicant will comply with all provisions of the Act (section 105(b)). 4. It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act (section 105(a)(7)). _. 5. Special consideration will be given to the needs of eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other than a, dishonorable discharge within fogr• years before the date of their application_ .Each prime sponsor in selecting participants for programs funded under Title I of the Act, shall take into consideration tir_ 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. The prime sponsor should utilize the assistance of the State and local veterans employment service representative in formulating its program objectives. On a continuing and timely basis, information on job vacancies and training opportunities funded under-Title I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional. Assurances Relating to Public Service Employment Programs 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 employ- ment by providing complementary training and manpower services designed to (1) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the 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 of section 604 of the Act, provided, however, that nothing contained in • Revised May, 197G I this paragraph shall be construed to preclude persons or programs for 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 occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the.Act (sections 205(c)(6) and 604). 3. Special consideration in filling transitional public service jobs will be given to unemployed persons.who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any per- son when any other person is on lay -off from the sane 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 otherwise be 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 hthereto, tina accordance ancec with regulations prescribed by the Secretary, artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c)(18)). - • 8. Where appropriate, it will maintain or provide linkages' with up- grading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue work with the employcr,.in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and providing those persons so employed who do not wish to pursuerperma careers in such field, with opportunities to seek, and work in other fields (sections 205(c)(19) 604). Revised May, 1976 page 7,of 9 pages • 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 disadvantaged.(section 205(c) (21)). 10. Not more than one -third of the participants in the program will be employcd.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 limita- tion 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 juris- dictions and the needs of the agencies (section- 205(c)(23)). • 12. The jobs in each job category in no way infringe upon the promo- tional opportunities which would otherwise be available to persons cur- rently employed in public service jobs not subisidized under the Act, and assure that no job will be filled in other than an entry level posi- tion in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)). - • • 13. Jobs are in addition to those that would be *funded by the sponsor in the absence of assistance under the'Act (section 205(c)(25)). D. Additional Assurances for Title. II Programs. - -All assurances in C above apply to activities funded under Title 11. In addition, the appli- cant will assure that: • ment qualifying for assistance will be hired to fi ' -_- ated under Title II of the Act and the pubs' _ s provided by such jobs shall,(t'.aived) to the exten _ , 'e designed to benefit the residents of -such (2) All persons employed under any program, other than necessary technical, supervisory, and administrative personnel, will be selected from unemployed and undereirployed 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 re- ceived other than a dishonorable discharge within four years before the date of their application. Each eligible applicant selecting participants for programs funded under Title 11 of the Act, shall take into consideration the extant that such veterans are available. in the area. Specific effort Revised May, 197G should be made to develop appropriate full or part -time opportunities such veterans. In order to insure special consideration for veterans, all public service employment vacancies under Title II, except those to which former employees arc 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 may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon re- quest, may also refer members of other significant segments. 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 II 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) of Emergency Jobs and Unemployment Assistance Act of 1974) - E. Additional Assurances for Title VI Programs. All assurances in C 'above apply to activities funded under Title VI. In addition the appli- - cant will assure that: • 1. Only persons residing in the area served by the eligible appli - cant under Title VI 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 VI of the Act (section 603(a)(2)(5)), to an area of substantial unemployment shall only be used to provide pro - ject.and program opportunities to persons residing in those areas of sub- stantial unemployment (section 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,. consistent with provisions of the Act, to unemployed persons who have • exhausted unemployment insurance benefits, to unemployed persons who are not eligible for unemployment insurance benefits (except persons lacking work experience) and to unemployed persons 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 pro- visions of section 106 and section 107 of the Act. Revised May, 1976 ASSURANCES AND CERTIFICATIONS The applicant also certifies that the information in this application is correct to the best of its knowledge and believe and the filing of this application has been duly authorized. Manpower Administration P.O.Box 9277 City of Corpus Christi Corpus Christi, Texas 78408 (Legal Name of Applicant) (Address) Jason Luby, Mayor (Signature of Authorized Officer) (Typed Name and Title of Officer) R. Marvin Townsend, City Manager (Signature of Authorized Officer) (Typed Name and Title of Officer) (Date of Application) CERTIFICATION FOR CASH DEPOSITORIES FM 74 -7 ATTACHMENT A - Paragraph 3 The undersigned hereby certify that: "Any Honeys 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. Manpower Administration Bank Name Corpus Christi Bank & TrustName City of Corpus Chrism, Texas P. 0. Box 4666, Corpus Christi, P.O.Box 9277. Corpus Christi, Texas Texas (Signature) (Date) (Type Name) (Title) (Signature) (Date) R. Marvin Townsend (Type Name) City Manager (Title) HANDLED THE SAME AS THE ADMINISTRATIVE UNIT .EEMENT FOR SPECIAL BANK ACCOUNT Manpower Administration TheCity of Corpus Christi, Texas hereinafter referred to as the Contractor; the Administrative Unit of the Consortium hereafter called the Prime Sponsor and Corpus Christi Bank and Tryst a banking corporation located at P.O.Box 4666, Corpus Christi. Texas 78408 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 "City of Corpus Christi Combined Funds 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 Contrac . - referred to in paragraph numbered 1 above, insofar as the deposit and withdrawal of funds in the above Special Bank Account is concerned, and particularly shall not permit withdrawal of funds from the Special Bank Account except by persons named in said contract as =- authorized to incur and pay costs on behalf of the contractor, but shall not be responsible for the application of funds withdrawn from the account. 4. The prime sponsor shall have a lien upon the credit balance in the Special Bank Account to secure the repayment of all advance or supple- mental payments made to the contractor, which lien shall be superior to any lien or claim of the Bank with respect to such account. 5. Upon receipt of written directions from the program agent or his duly authorized representative, the Bank shall act thereon and shall be under no liability to any party hereto for any action taken in accord — dance with such written directions. 6. In the event of the service of any writ of attachment, levy, or execution, or the commencement of garnishment proceedings with respect to the Special Bank Account, the Bank will promptly notify the prime sponsor. 7. Authorized representatives of the prime sponsor -shall have access to the books and records maintained by the Bank with respect to such Special Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or documents appertaining thereto. Such books and records shall be preserved by the Bank for a period of six (6) years after the closing of this Special Bank Account. 1 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 Corpus Christi Bank and Trust BANK COLLATERAL required, based upon estimated maximum bank balance, (exaludinl FDIC .coverage of $40,000, is $ SIGNATURE DATE - TYPE NAME TITLE CONTRACTOR USE ADMINISTRATIVE UNIT CONTRACTOR'S NAME SIGNATURE DATE SIGNATURE DATE TYPE NAME R. Marvin Townsend TYPE NAME R. Marvin Townsend TITLE Contracting Officer TITLE City Manager HANDLED THE SAME AS THE ADMINISTRATIVE UNIT CERTIFICATION OF ACCOUNTABILITY Under the provision of the Comprehensive Employment and Training Act of 1973, the Secretary of Labor has the responsibility of requiring that Contractors receiving Federal Funds under the Act maintain financial records to fully account and control such funds. To provide the Secretary of Labor with the necessary information, the following items of information are to be completed and submitted with the Contract. 1. Name, Title, & Organization of Chief 2. Will the Accounting System be Financial Officer directly maintained by you? 0 Check if one has not been appointed p Yes 0 No (If No, who will or designated. maintain the account- ing system? . Name and Address City of Corpus Christi Finance Department 3. Are you Familiar with the Department of Labor Audit Requirements? DYes No 4. Description of your Financial Accounting System (Indicate whether the system is manual or automated and describe how it will meet the record keeping, reporting, and accounting requirements of the Manpower Administration.) Harold Zick, Director of Finance Automated data processing, accounting system on cost paid basis will be used. Monthly program cost print outs will be made to meet Department of Labor requirements. Estimated accrued cost will be recorded to maintain up —to- -date programatic costs information. USE CONTINUATION SHEET IF NECESSARY CERTIFICATION: I certify that to the best of my knowledge and belief this report is correct and complete Name and Title of Authorized Official Telephone No. and Area Code R. Marvin Townsend, City Manager A/C 512 884 -3011 Signature Date of Execution BONDING REQUIREMENTS L. List of persons authorized to sign checks or withdraw funds from the Special Bank Account. 2. Copy of Bond covering those persons. HANDLED THE SAME AS THE ADMINISTRATIVE UNIT 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. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT-NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT'SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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, THE CITY OF CORPUS CHRISTI, TE THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE