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HomeMy WebLinkAbout08095 ORD - 07/13/1966t BJw:7/5/66 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO JOIN WITH THE CITY- COUNTY HEALTH AND WELFARE SUPERINTENDENT THE CITY RECREATION DEPARTMENT AND THE-LA-RETAMA PUBLIC LIBRARY SUPERINTENDENT IN THE EXECUTION OF CONTRACTS WITH COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPOR- TUNITIES, A COPY OF EACH OF SAID CONTRACTS BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE AGENCY, COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY OF THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES, STATE OF TEXAS, HAS RECEIVED A GRANT UNDER TITLE 11-A OF THE ECONOMIC OPPORTUNITY ACT OF 1964 FROM THE OFFICE OF ECONOMIC OPPORTUNITY, EXECUTIVE OFFICE OF THE PRESIDENT OF'THE;UNITED STATES, AND IT IS NECESSARY THAT AN AGREEMENT BE ENTERED INTO BETWEEN THE CITY - COUNTY HEALTH AND WELFARE DEPARTMENT OF THE CITY - COUNTY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CITY RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI AND LA RETAMA PUBLIC LIBRARY OF THE CITY OF CORPUS CHRISTI WITH THE SAID AGENCY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED TO JOIN WITH THE CITY - COUNTY HEALTH AND WELFARE SUPERINTENDENT, THE CITY RECREATION DEPARTMENT SUPERINTENDENT AND LA RETAMA PUBLIC LIBRARY"SUPERINTENDENT IN THE EXECUTION OF THE RESPECTIVE AGREEMENTS CONCERNING SAID RESPECTIVE DEPARTMENTS AND DIVISIONS OF THE CITY IN THE RESPECTIVE CONTRACTS WITH THE SAID AGENCY ENTITLED COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY OF THE CITY - COUNTY, COPIES OF WHICH AGREEMENTS ARE ATTACHED HERETO AND MADE A PARTFEREOF. I SECTION 2. THE NECESSITY FOR IMMEDIATE ACTION TO ASSURE PARTICI- PATION OF THE CITY WITH THE FEDERAL GOVERNMENT IN THE ECONOMIC OPPORTUNITY PROGRAM OF THE FEDERAL GOVERNMENT CREATES A PUBLIC EMERGENCY AND AN IMERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE I,Tj IS INTRODUCED AND 8095 • i THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1.3-14-AY of JULY, 1966. ATTEST: c CITY ECRETARY ( ,LQJj MAYOR APPROVED AS TO LEGAL FORM TH15 THE CITY OF CORPUS CHRISTI, TEXAS J g DAY OF JULY, 1966: CITY ATTORN6Y Y i �f a OFFICE OF ECONOMIC OPPORTUNITY Washington, D. C. 20506 PART I (of 2 parts) 3- AGREE24ENT THIS AGREEMENT, is entered into as of this r77 day of T,,np 19 66 , by and between community'Commi.ttee on Youth Education and Job Opportunity, of the-"City/County of Corpus Christi, Nueces County, State of Texas, hereinafter referred to as the "Agency "; and r;tv Ginty Health Ind tT ��arP of the City/County of Corpus Christi., Nueces bounty, State of Texas, hereinafter referred to as the "Contractor ", WIT, MSETH THAT: t•1HEREAS, the Agency on the __yiday of Mai. , 19 titi received a Grant under Title II-A of the Economic Opportunity Act of 1964 from the Office of Economic Opportunity, Executive Office of the President of the United States (hereinafter referred to as the OEO); WHEREAS, pursuant to said grant the Agency is undertaking certain activities; and WHEREAS, the Agency desires to engage the Contractor to render certain assistance in such undertakings; NMI, TFEREFORE, the Agency and the Contractor do mutually agree as follows: SECTION A 1. The Contractor shall in a satisfactory and proper manner as determined by the Agency carry out the program described and set forth in the Agency's appli- cation to OEO and attached and made a part of this contract as Exhibit 1. 2. The Contractor shall spend no more than $ 102,633 in the performance of this Contract. No more than the following amounts may be spent for the follow- ing purposes, except that any of these categories may be exceeded by 10% of the indicated figure: LOCAL OEO TOTAL (a) Personnel Salary -0- 15,581 15,581 (b) Cor_tractural Services 11,115 69,390 80,505 (c) Travel -0- 1,980 1,980 (d) Space, Cost, and Rental 577 -0- 577 (e) Consumable Supplies -0- 3,729 3,729 (f) Rental, lease, or purchase of equip. 198 -0- 198 (g) Miscellaneous -0- 63 63 TOTAL 11,890 90,743 102,633 3. The Contractor will contribute $ 11,890 toward payment of the expenses described in paragraph No. 2 above. Such contribution shall be in cash in the amount of $ -0- , and /or in kind in the amount of $ 11,890 4. It is expressly understood and agreed that in no event will the total amount to be paid by the Agency to the Contractor under this agreement exceed $ 90,743 for full and complete satisfactory performance. GENERAL PROVISIONS 5. The Contractor shall commence performance of this Contract on the 25 date May 1966 , and shall complete performance no later than the 30 September date 1966 6. The Contractor shall maintain such records and accounts, including property, personnel, and financial records, as are deemed necessary by the Agency or the Director of OEO to assure a proper accounting for all project funds, both Federal and non- Federal shares. These records will be made available for audit purposes to the Agency, the OEO or the Comptroller General of the United States or any authorized representative, and will be 'retained for three years after the expiration of this Contract unless permission to destroy them is granted by both the Agency and the Director of OEO. ITs DIRECTOR OF FINANCE, 7. The Contractor shall name (HAROLD F. ZICrc ) who will certify to the name truth and accuracy of any request to Agency from Contractor for funds and will submit such request for funds in accordance with procedures and on forms provided by the City of Corpus Christi (Hereinafter called Fiscal Agent) according to the Contract existing between Fiscal Agent and Agency. 8. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Contractor. But in no event greater than an amount equal to the total Contract under considera- tion divided by the total number of months covered by the contract. The cash advance, if requested, shall be made solely from funds received by Fiscal Agent from OEO through Agency subject to reduction at any time if, in the judgment of Agency's Operations Subcommittee, the cash advance is not necessary for contractor to carry out its obligations. The cash advance, if ashy, will be liquidated against the final request for reimbursement at the end of the grant period. In no event will,the outstanding cash advance be allowed to exceed the outstanding amount of that which Contractor is responsible for expending. All expenditures proposed to be reimbursed by Agency must be submitted promptly and in no event later than 15 November 1966 date 9. This agreement is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contractor for Conduct and Administration of Community Action Program Component ". 10. The Contractor agrees to accept such additional conditions imposed by the Director of OEO on this grant and any'additional conditions governing the use of OEO funds or performance of OEO programs as may be required by law, by Executive Order by regulation or by other policy announced by the Director of OEO. -The Contractor agrees to assist the Agency in complying with all of the "Conditions Governing Grants under Sections 204 and 205 of the Economic Opportunity Act of 1964". 11. IN WITNESS WHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREEMENT AS SIGNED AND WITNESSED BELOW: COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY ATTEST: BY CRETARY PRESIDENT CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1966: CITY ATTORNEY OFFICE OF ECONOPQC OPPORTUNM Washington, D. C. 20506 PART II (of 2 parts) TERMS AITIMi CONDITIONS GOVERNING CONTRACTS BETWEEN COiTUTITY ACTION PROGRAM AGENCY AND CONTRACTOR FOR CONDUCT AND ADMINISTRATION OF CO ➢nJMNNITY ACTION PROGRAM COMPONENT In addition to any conditions specified in Part I, this Contract is subject to all of the conditions listed below. Waiver of any of these conditions must be upon the express written approval of an authorized re- presentative of the Office of Economic Opportunity, and such waiver shall be made a part of this Contract. 1. Termination of Contract. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, or if the grant from OEO under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such evert, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Con- tractor under this Contract shall, at the option of the Agency, become its property and the Contractor shall be entitled to compensation for any unreimbursed expenses necessarily incurred in satisfactory - 2 - performance of he Contract, gotwithstanding the above, the Contractor shall rot be relieved of liability to the Agency for damages sustained . by the Agency by virtue of any breach of the Contract by the Contractor, and the Agency may withhold any reimbursement to the Contractor for the purpose of set -off until such time as the exact amount of damages due the Agency from the Contractor is agreed upon or otherwise determined. 2. Changes. The Agency may, from time to'time, reauest changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, must be incorporated in written amendments to this Contract. 3. Travel Expenses. If the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary -practice in the government of which the agency is a part. If the Con- tractor is a private agency, expenses charged for travel shall not exceed those which would be allowed under the rules of the United States Government governing official travel by its employees. 4. Expenses Disallowed. No contract funds shall be expended for: (a) any expenses other than those necessarily incurred in the performance of this Contract; (b) the purchase of real property; (c) the purchase of personal property at prices exceeding $500 per item; Opuortuni.ty reservos a royalty -free, nonexclusive and irrevocable license to reproduce, public, or otherwise use, and to authorize others to use, all copy- righted material and all material which can be copyrighted resulting from the Contract. 8. Patents. Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to the Agency and to the Director of OEO for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. 9. Labor Standards. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including paint- ing and decorating of projects, buildings and works which are federally assisted under this Contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5). 10. Convenant Against Contingent Fees, The Contractor warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the Agency shall have the right to annul this Contract without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 11. Discrimination in Employment Prohibited. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will tape affir- mative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12. Discrimination Prohibited. No person in the United States, shall on the ground of race, creed, color, or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract. The Contractor will comply with the requirements concerning discrimination and compliance information set forth in regulations promulgated o•= to be promulgated by OEO pursuant to the Civil Rights Act of 1964, and will furnish the Director of OED with such assurances as may be required by those regulations to be included in applications for grant funds. in the event that the Contractor signs any contract which would be covered by Executive Order 10925 (Parch 6, 1961) or Executive Order 11114 (June 22, 1963), the Contractor shall include the equal - employment opportunity clause specified in section 301 of Executive Order 10925, as amended. 13. Political Activity Prohibited. None of the funds, materials, property or services contributed by the Agency or the Contractor under this Contract shale be used in the performance of this Contract for any partisan political activity, or to further the electic.i or defeat of any candidate for public office. 114. Religious Activity Prohibited. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this Contract. 15. Compliance with Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments. 16. Reports and inspections. The Contractor shall make financial, program progress, and other -reports as requested by the Agency or the Director of OEO, and will arrange for on -site inspections by Agency or OEO representatives at the request of either. 0= i• ICE 0^ ECONOMC OPPORTUNITY Washington, D. C. 20506 . PART T- (of 2 parts) AG3EEINIENT T:ISS AGREEMENT, is entered into as of this 27 day of June lq 66 , by and between Community Committee on Youth Education and Job Opportunity, of the City /County of Corpus Christi Nueces County, State of Texas, hereinafter refer_ed to as the "Agency", and Utv Re reato DeparrrAnr of the City /County of Corpus Christi,jtueces Coun�y, State of Texas, hereinafter referred to as the "Contractor"a WITNESSETH THAT: WHEREAS, the Agency on the day of May , 19 titi received a Grant under Title II -A of the Economic Opportunity Act of 1964 from the Office of Economic Opportunity, Executive Office of the President of the United States (hereinafter referred to as the OEO); ane WHEREAS, pursuant to said grant the Agency is undertaking certain activities; WFUEAS, the Agency desires to engage the Contractor to render certain assistance in such undertakings; NOW, TFE;RE —FORE, the Agency and the Contractor do mutually agree as follows: SECTION A 1. The Contractor shall in a satisfactory and proper manner as determined by the Agency carry out the proSram,described and set forth in the Agency's appli- cation to OEO and attached and made a part of this contract as Exhibit 1. 2. The Contractor shall spend no more than $ 34,563 in the performance of this Contract. No more than the following amounts may be spent for the follow- ing purposes, except that any of these categories may be exceeded by 10% of the indicated figure: LOCAL OEO TOTAL (a) Personnel Salary 4,200 23,758 27,958 (b) Contractural Services -0- -0- -0- (c) Travel -0- 150 150 (d) S -pace, Cost, and Rental 1,355 -0- 1,355 (e) Consumable Supplies -0- 5,000 5,000 (f) Rental, lease, or purchase of eauip. -0- -0- -0- (g) Miscellaneous 100 -0- 100 TOTAL 5,655 28,908 34,563 3. The Contractor will contribute $-5.655 toward payment of the expenses dese:ibed in paragraph No. 2 above. Such contribution shall be in cash in the =- Gunt of $ -0- , and /or in kind in the amount of $ 5,655 4. It is expressly understood and agreed that in no evert will the total amount to be paid by the Agency to the Contractor under this agreement exceed $ 25,908 for full and complete satisfactory performance. sC•M"MRAL PROVISIONS 5• The Cc,.-." ractor shall commence performance of this Contract on the 25 N date May 1966 , and shall complete performance no later than the 30 September date 1966 6. The Contractor shall such records and accounts, including property, personnel, and financial records, as are deemed necessary by the Agency or the Director of OEO to assure a proper accounting for all project funds, both Federal and non- Federal shares. These records will be made available for a.:dit purposes to the Agency, the OEO or the Comptroller General of the United States or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by both the Agency and the Director of OEM. ITS DIRECTOR OF FINANCE, 7. The Contractor shall name ( HAROLD F. ZICK ) who will certify to the name truth and accuracy of any request to Agency from Contractor for funds and will submit such request for funds in accordance with procedures and on forms provided by the City of Corpus Christi (Hereinafter called riscal Agent) according to the Contract existing between Fiscal Agent and Agency. 8. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Contractor. But in no event greater th.n an amount equal to the total Contract under considera- tion divided by the total number of months covered by the contract. The cash advance, if requested; shall be made solely from funds received by Fiscal Agent from OEO through Agency subject to reduction at any time if, in the judgment of Agency's Operations Subcommittee, the cash advance is not necessary for contractor to carry out its obligations. The cash advance, if arty, will be liquidated against the final request for reimbursement at the end of the grant period. In no event will the outstanding cash advance be allowed to exceed the outstanding amount of that which Contractor is responsible for expending. All expenditures proposed to be reimbursed by Agency must be submitted promptly and in no event later than 15 November 1966 , date 9. This a3reement is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contractor for Conduct and Administration of Community Action Program Component ". 10. The Contractor agrees to accept such additional conditions imposed by the Director of OEO on this grant and any additional conditions governing the use of OEO funds or performance of OEO programs as may be required by law, by Executive Order by regulation or by other policy announced by the Director of OEO. The Contractor agrees to assist the Agency in complying with all of the "Conditions Governing Grants under Sections 204 and 205 of the Economic Opportunity Act of 1964 ". 11. IN WITNESS 4lHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREEMENT AS SIGNED AND WITNESSED BELOW: CGvMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY ATTEST: BY SECRETARY PRESIDENT CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF 1966: CITY ATTORNEY OFFICE OF ECONOMIC OPPORTUNrrr WashinGtor., D. C. 20506 PART II (of 2 parts) T3R,:.; AND CONDITIONS GOVERNING CONTRACTS BETWEEN COn'lluNITY ACTION PROGRLI AGENCY AND CONTRACTOR FOR CONDUCT AIM ADN,INISTRATION OT ConmUNITY ACTION PROGRAM CO'4PONENT In addition to any conditions specified in Part I, this Contract is subject to all of the conditions listed below. Waiver of any of these conditions must be upon the express written approval of an authorized re- presentative of the Office of Economic Opportunity, and such waiver shall be made a part of this Contract. 1. Terndnation of Contract. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Cor_—_act, or if the grant from OFO under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Con- tractor under this Contract shall, at the option of the Agency, become its property and the Contractor shall be entitled to compensation for any unreimbursed expenses necessarily incurred in satisfactory ,M. - 2 - performance of the Contract, T_totwithstanding the above, the Contractor wall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the Contract by the Contractor, and the Agency may withhold any reimbursement to the Contractor for the rurpose of set -off until such time as the exact amount of damages due the Agency from the Contractor is agreed upon or otherwise determined. 2. Changes. The Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, must be incorporated in written amendments to this Contract. 3. Travel expenses. If the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in the government of which the agency is a part. If the Con- tractor is a p_^ivate agency, expenses charged for travel shall not exceed those which would be allowed under the rules of the United States Government governing official travel by its employees. 4. E.Tenses Disallowed. No contract funds shall be expended for: (a) any expenses other than those necessarily incurred in the performance of this Contract; (b) the purchase of real property; (c) the purchase of personal property at prices exceeding $500 per item; Oyportunnty resez•ves a royalty -free, nonexclusive and irrevocable license to reproduce, public, or otherwise use, and to authorize others to use, all copy- righted material and all material which can be copyrighted resulting from the Contract. S. patents. Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to the Agency and to the Director of OLO for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon; shall be disposed of and administered, in order to protect the public interest. 9. Labor Standards. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including paint- ing and decorating of projects, buildings and works which are federally assisted under this Contract shall be paid waves at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5). 10. Convenant Against Contingent Fees. The Contractor warrants that no person or selling agency or other organization has been employed or retained -no solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the Agency shall have the right to annul this Contract without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. t 11. Discrimination in Employment Prohibited. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affir- native action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12. Discrimination Prohibited. No person in the United States, shall on the ground of race, creed, color, or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination , in the performance of this Contract. The Contractor will comply with the reauirements concerning discrimination and compliance information set forth in regulations promulgated or to be promulgated by OEO pursuant to the Civil Rights .pct of 1964, and will -furnish the Director of OEO with such assurances as may be required by those regulations to be included in applications for grant funds. in the event that the Contractor signs any contract which would be covered by Executive Order 10925 (march 6, 1961) or Executive Order 11114 (June 22, 1963), the Contractor shall include the equal - employment opportunity clause specified it section 301 of Executive Order 10925, as amended. • 13. Political Activity Prohibited. None of the funds, materials, property or services contributed by the Agency or the Contractor under this Contract shall be used in the merfor::ance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 14. Religious Activity Prohibited. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this Contract. 15. Compliance with Local Lairs. The Contractor shall comply with all applicablears, ordinances, and codes of the State and local governments. 16. Reports and Inspections. The Contractor shall make financial, program progress, and other reports as requested by the Agency or the Director of OEO, and will arrange for on -site inspections by Agency or OEO representatives at the •reauest of either. a OFFICE OF ECONOMIC OPPORTUNITY Washington, D. Ce 20506 PART I (of 2 parts) AGREEMENT THIS AGR: SENT, is entered into as of this 27 day of Tune 19 66 , by and between Community Committee on Youth Education and Job Opportunity, of the City/County of Corpus Christi, Nueces County, State of Texas, hereinafter referred to as the "Agency ", and La Retama Public Li.brar of the City /County of Corpus Christi, Nueces County, State of Texas, hereinafter referred to as the "Contractor ", WITNESSETH THAT: IIHMREAS, the Agency on the 25 day of —Xav , l9 6h s received a Grant under Title II -A of tie Economic Opportunity Act of 1964 from the Office of Economic Opportunityy Executive Office of the President of the United States (hereinafter referred to as the OEO); WWEW..S, pursuant to said grant the Agency is undertaking certain activities; and LIE MAS, the Agency desires to'engage the Contractor to render certain assistance in such undertakings; RTOW, TiERE?ORE, the Agency and the Contractor do mutually agree as follows: 0 SECTION% A 1. The Contractor shall in a satisfactory bnd proper manner as determined by the Agency carry out the program described and set forth in the Agency's appli- cation to OEO and attached ar`d made a part of this contract as Exhibit 1. 2. The Contractor shall spend no more -6han $ 2,795 in the performance of this Contract. No more than the following amounts may be spent for the follow- ing purposes, except that any of these categories may be exceeded by 10% of the indicated figure: LOCAL OEO TOTAL (a) Personnel Salary -0- 2,203 2,203 (b) Contractural Services _0_ -0 -0 (c) Travel -0- 30 30 (d) Space, Cost, and Rental 520 -0- 520 (e) Consumable Supplies -0- 45 45 (f) Rental, lease, or purchase of equip. -0- -0- -0- (g) Miscellaneous -0- TOTAL 520 2,278 2,798 3. The Contractor will contribute $__L20 toward payment of the expenses described in paragraph No. 2 above. Such contribution shall be in cash in the w.ount of $ -p_ , and /or in kind in the amount of $ 57.0 4. it is expressly understood and agreed that in no event will the total amount to be paid by•the Agency to the Contractor under this agreement exceed $ 2,278 for z"ull and conmlete satisfactory performance. M ERAL PROVISIO14B 5. The Contractor shall co=e ce performance of this Contract on the date and shall complete performance no later than the on date 6. The Contractor shall maintain such records'and accounts, including property, personnel, and financial records; as are deemed necessary by the Agency or the Director of OEO to assure a proper accounting for all project funds, both Federal and nor.- Federal shares. These records will be made available for e7lait purposes to the Agency, the OW or the Comptroller General of the United States or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by both the Agency and the Director of OEM. ITS DIRECTOR OF FINANCE, 7, The Contractor shall name (HAROLD F. ZICK _) who will certify to the name truth and accuracy of any request to Agency from Contractor for funds and will submit such request for funds in accordance with procedures and on forms provided by the City of Corpus Christi (Hereinafter called Fiscal Agent) according to the Contract existing between Fiscal Agent and Agency. S. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Contractor. r But in no event greater than an amount equal to the total Contract under considera- tion divided by the total number of months covered by the contract. The cash advance, if requested, shall be rzade solely from funds received by Fiscal Agent from OEO through Agency subject to reduction at any time if, in the judgment of Agency's Operations Subcommittee, the cash advance is not necessary for contractor to carry out its obligations. The cash advance; if any, will be liquidated against the final request for reimbursement at the end of the grant period. In no evert will the outstanding cash advance be allowed to exceed the outstanding amount of that which Contractor is responsible for expending. All expenditures proposed to be reimbursed by Agency must be submitted promptly and in no event later than v c - i n' date 9. This agreemeny is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contractor for Conduct and Administration of Community Action Program Comporent ". 10. The Contractor agrees to accept such additional conditions imposed by the Director of 07.0 on this grant and any additional conditions governing the use of OEO funds or performance of OEO programs as may be required by law, by Executive Order by regulation or by other policy announced by the Director of OEO. -The Contractor agrees to assist the Agency in complying with all of the "Conditions Governing Grants under Sections 204 and 205 of the Economic Opportunity Act of 1964 ". 11. IN WITNESS WHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREEMENT AS SIGNED AND WITNESSED BELOW: CON.IUNITY CO3\,IMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY ATTEST: BY SECRETARY PRESIDENT CITY OF CORPUS CHRISTI ATTEST: BY CITY $ECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1966: CITY ATTORNEY OFFICE OF ECONOMIC OPPORTUNrrr Ziashington, D. C. 20506 PART II (of 2 parts) TER�4s AND CONDITIONS GOVERNING CONTRACTS BETVIEEN CO ONITY ACTION PROGRAM AGENCY AND CONTRACTOR FOR CONDUCT AND ADN,INISTRATION OF COJMMITY ACTION PROGRAA4 COIVPONENT In addition to any conditions specified in Part I, this Contract is subject to all of the conditions listed below. Waiver of any of these conditions must be upon the express written approval of an authorized re- presentative of the Office of Economic Opportunity, and such waiver shall be made a part of this Contract. 1. Termination of Contract. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, or if the grant from OEO under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such evert, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Con- tractor under this Contract shall, at the option of the Agency, become its property and the Contractor shall be entitled to compensation for any unreimbursed expenses necessarily incurred in satisfactory - 2 - performance of the Contract, Notwithstanding the above, the Contractor shall rot be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the Contract by the Contractor, and the Agency may withhold any reimbursement to the Contractor for the purpose of set -off until such time as the exact amount of damages due the Agency from the Contractor is agreed upon or otherwise determined. 2. Changes. The Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, must be incorporated in written amendments to this Contract. 3. Travel Expenses. If the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in the government of which the agency is apart. If the Con- tractor is a private agency, expenses charged for travel shall not exceed those which would be allowed under the rules of the United States Government governing official travel by its employees. 4. Expenses Disallowed. No contract funds shall be expended for: (a) any expenses other than those necessarily incurred in the performance of this Contract; (b) the purchase of real property; (c) the purchase of personal property at prices exceeding $500 per iten; gpportnnity reserves a royalty -free, nonexclusive and irrevocable license to reproduce, public, or otherwise use, and to authorize others to use, all copy - rigVed material and all material which can be copyrighted resulting from the Contract. 8. Patents. Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to the Agency and to the Director of OEO for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. 9. Labor Standards. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including paint- ing and decorating of projects, buildings and works which are federally assisted under this Contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5). 10. Convenant Against Contingent Fees. The Contractor warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the Agency shall have the right to annul this Contract without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 11. Discrimination in E=loymcnt Prohibited. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affir- mative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or rational origin. Such action shall include, but not be limited to, the follcuing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12. Discrimination Prohibited. No person in the United States, shall on the ground. of race, tereed, color, or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the verformance of this Contract. The Contractor will comply with the requirements concerning discrimination and compliance information set forth it regulations promulgated or to be promulgated by OEO pursuant to the Civil Rights Act of 1964, and will furnish the Director of OEO with such assurances as may be required by those regulations to be included in applications for grant funds. In the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6, 1961) or Executive Order 11114 (June 22, 1963), the Contractor shall include the equal - employment opportunity clause specified in section 301 of Executive Order 10925, as amended. 13. Political Activity prohibited. None of the funds, materials, property or services contributed by the Agency or the Contractor under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 14. Religious Activity_ Prohibited. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this Contract. 15. Compliance with Local lairs. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, 16. Reports and inspections. The Contractor shall make financial, program -_ogress, and other reports as requested by the Agency or the Director of OEO, and will arrange for on -site inspections by Agency or OEO representatives at the recuest of either. CORPUS /DCHR I ST I TEXAS /2x DAY OF >' 19' TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; i, THEREFORE; HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY1 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE WALLACE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE ' DR. P. JIMENEZ, JR. KEN MCDANIEL ' RONNIE SIZEMORE , Wm. H. WALLACE