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HomeMy WebLinkAbout08786 ORD - 03/06/1968'• IMS:JKH:3 -5 —b6 0 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A NEIGHBOR - HOOD FACILITIES GRANT CONTRACT WITH HUD UNDER SECTION 703 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1965; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL ON MAY 11, 1966, DULY PASSED RESOLUTION N0. 8001E AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH APPLICATIONS AND CONTRACTS AS MAY BE NECESSARY TO OBTAIN A GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ACCOMPLISH THE CONSTRUCTION OF A NEIGHBORHOOD FACILITIES PROJECT; AND WHEREAS, ON JULY 12, 1967, THE CITY COUNCIL DULY PASSED RESOLUTION N0. 8515 WHICH REAFFIRMED RESOLUTION N0. 8001E AND AUTHORIZED THE FILING OF AN AMENDED APPLICATION TO INCREASE THE TOTAL PROJECT TO $370,000 AND DIRECTED THE EXECUTION OF SUCH CONTRACTS AS MAY BE NECESSARY TO BRING ABOUT THE ACCOMPLISHMENT OF THE NEIGHBORHOOD FACILITIES PROJECT; AND WHEREAS, UNDER SECTION 703 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965, THE UNITED STATES OF AMERICA HEREIN CALLED THE "GOVERNMENT") HAS TENDERED TO THE CITY OF CORPUS CHRISTI, TEXAS (HEREIN CALLED THE "PUBLIC BODY ") A PROPOSED NEIGHBORHOOD FACILITIES GRANT CONTRACT UNDER WHICH THE GOVERNMENT AGREES TO MAKE A GRANT TO THE PUBLIC BODY TO AID IN FINANCING A PROJECT, DESIGNATED PROJECT NO. TEX. N -5; AND WHEREAS, THE PUBLIC BODY HAS GIVEN DUE CONSIDERATION TO SAID PROPOSED CONTRACT; AND WHEREAS, THE PUBLIC BODY IS DULY AUTHORIZED, UNDER AND PURSUANT TO THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, TO UNDERTAKE AND CARRY OUT SAID PROJECT AND TO EXECUTE SUCH PROPOSED CONTRACT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE PROPOSED CONTRACT, DESIGNATED "NEIGHBORHOOD FACILITIES GRANT CONTRACT, CONTRACT N0. TEX. N- 5(G),° CONSISTING OF PARTS I AND 11, UNDER AND SUBJECT TO THE PROVISIONS, TERMS AND CONDITIONS OF WHICH THE GOVERNMENT WILL MAKE A NEIGHBORHOOD FACILITIES GRANT UNDER SECTION 703 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965 TO THE PUBLIC a A17,46 • BODY TO AID IN FINANCING THE COST OF A PROJECT, DESIGNATED PROJECT NO. TEX. N -5, SITUATED IN CORPUS CHRISTI, TEXAS, IS HEREBY IN ALL RESPECTS APPROVED. • SECTION Z. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE SAID PROPOSED CONTRACT IN TWO COUNTERPARTS ON BEHALF OF THE PUBLIC BODY, AND THE CITY SECRETARY IS HEREBY AUTHORIZED AND DIRECTED TO IMPRESS AND ATTEST THE OFFICIAL SEAL OF THE PUBLIC BODY ON EACH SUCH COUNTERPART AND TO FORWARD SUCH COUNTERPARTS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TOGETHER WITH SUCH OTHER DOCUMENTS RELATIVE TO THE APPROVAL AND EXECUTION THEREOF AS MAY BE REQUIRED BY THE GOVERNMENT. SECTION 3. THE DIRECTOR OF FINANCE OF THIS PUBLIC BODY IS HEREBY AUTHORIZED TO FILE REQUISITIONS, TOGETHER WITH NECESSARY SUPPORTING DOCU- MENTS, WITH THE GOVERNMENT, FROM TIME TO TIME AS GRANT FUNDS ARE REQUIRED, REQUESTING PAYMENTS TO BE MADE TO IT ON ACCOUNT OF THE GRANT PROVIDED FOR IN THE CONTRACT, AND TO DO AND PERFORM ALL OTHER THINGS AND ACTS REQUIRED TO BE DONE OR PERFORMED IN ORDER TO OBTAIN SUCH PAYMENTS. SECTION 4. THE PUBLIC BODY AGREES TO ABIDE BY ALL OF THE PRO- VISIONS, TERMS AND CONDITIONS OF SAID CONTRACT. SECTION 5. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PASSAGE. SECTION 6. THE NECESSITY TO EXECUTE THE CONTRACT AND SUCH OTHER INSTRUMENTS AS ARE NECESSARY IN ORDER TO EXPEDITE THE NEIGHBORHOOD FACILITIES GRANT HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND 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 6TH DAY OF MARCH, 1968. ATTES 0� CI $ CRET RY YO APPROVED AS T EGAL F RM THI� THE CITY OF CORPUS CHRISTI, TEXAS THE 6TH DAY MARCH, 1968: ITY V UNITED STATES OF AMERICA DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT NEIGHBORHOOD.FACILITIES GRANT CONTRACT PART I Project No. Tex. N -5 Contract No. Tex. N -5(G) THIS AGREEMENT, consisting of this Part I and the Terms,and Conditions (Form HUD- 3192b, dated 12 -66) forming Part II hereof (which Parts, together, are herein called the "Contract "), entered into on the date hereinbelow set out, by and between the City of Corpus Christi, Texas (herein called the "Grantee ") and the United States of America (herein called the "Government "), WITNESSETH: In consideration of the mutual covenants, promises, and repre- sentations contained herein, the parties hereto do agree as follows: SEC. 1, PURPOSE OF CONTRACT. -- The Grantee proposes to carry out a project (herein called the "project ") for the provision of a neighborhood facility in accordance with the Application. The purpose of this Contract is to provide for the extension by the Government to the Grantee of certain Federal financial assistance under Section 703 of the Housing and Urban Development Act of 1965 with respect to the Project and to state the terms and conditions upon which such assistance will be extended and the understandings of the parties hereto as to the manner in which the Project will be carried out and the manner in which the neighborhood facility will be operated. SEC. 2. THE PROJECT. -- (A) The Project authorized under this Contract (designated Project No. Tex. N -5), shall include all those activities and under- takings necessary to provide a multipurpose neighborhood facility -1- • (hereinafter referred to as the "Neighborhood Facility ") as described in the Application and in conformity with applicable provisions of this Contract. (B) The Neighborhood Facility will be located at Greenwood and Horne Road in the City of Corpus Christi, County of Nueces, State of Texas. (C) The Project shall include the acquisition of interests in land as follows: None SEC. 3. THE PROJECT ,RANT. -- The Government will make to the Grantee, for the Project, a grant (hereafter referred to as the "Project Grant "),in an amount equal to the least of the following: (A) Two- thirds of the development cost of the Project; (B) The difference between the development cost of the Project and the noncash contributions to the Project provided by the Grantee; (C) $246,666.00. SEC. 4. RELOCATION GRANT. -- (A) The Government further agrees to increase the grant other- wise payable to the Grantee pursuant to the provisions of Section 3 hereof in an amount (hereafter referred to as the "Relocation Grant ") equal to the relocation payments which are made by the Grantee in connection with the Project, in accordance with regulations prescribed by the Secretary: Provided, That the amount of such increase shall in no event exceed the sum of $ "Non The Grantee agrees to make relocation payments to or on behalf of eligible individuals, families, business concerns, and nonprofit organizations displaced as a result of the carrying out of the Project, in accordance with and to the full extent permitted by said regulations prescribed by the Secretary and within the budgetary limitations of this Contract. (B) No part of the amount of the relocation payments provided for hereunder shall be included in computing the amount of the grant otherwise payable to the Grantee pursuant to the provisions of Section 3 hereof. (C) The estimate of the aggregate cost of such relocation pay- ments although not included in the Development Cost of'the Project, -2- has been set forth in the approved budget referred to in Section 104(B) hereof, and the Grantee shall be subject to all the provisions and requirements of Section 104(B) hereof with respect to such estimate as though it were included in the Development Cost of the Project. SEC. 5. AMOUNT TO BE COMPENSATED GOVERNMENT FOR ITS INSPECTIONS AND AUDITS. -- The amount which shall be compensated the Government by the Grantee pursuant to Section 102(E) hereof shall be Two Thousand Seven Hundred Forty -Four Dollars ($2,744.00). SEC. 6. COUNTERPARTS OF THE CONTRACT, -- This Contract may be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. SEC. 7. CHANGES APPLICABLE TO PART II HEREOF. -- The following changes are hereby made in the attached Terms and Conditions designated Part II hereof: (a) Section 106(A) of Part II relating tc activities and contracts not subject to Executive Order No. 11246 is hereby changed to substitute the words "race, color, religion, sex, or national origin" wherever the words "race, creed, color, or national origin" appear. (b) Section 106(B) of Part II relating to contracts subject to Executive Order No. 11246 is hereby'changed to require the Local Public Agency to substitute in any contract for construction or modification thereof executed on or after October 13, 1968, the words "race, color, religion, sex, or national origin" wherever the words "race, creed, color, or national origin" are now required to be used. SEC. 8. SPECIAL CONDITIONS. -- None - 3 - SEC. 9. NON - PROFIT ORGANIZATION. -- It is the intention of the parties pursuant to Section 703 of the Housing and Urban Development Act of 1965, that the Grantee will undertake the Project through a non - profit organization approved by it and subject to the Grantee's continuing control for a period of twenty years after completion of the Project. Notwithstanding any other provisions of this Contract, the Grantee shall enter into.a contract with the Boys' Club of Corpus Christi, Texas, a non - profit corporation, organized under the laws of the State of Texas, subject to the prior concurrence of the Secretary, whereby the Boys' Club of Corpus Christi, Texas agrees to carry out the project and own and operate the Neighborhood Facility in accordance with the requirements imposed by this Contract on the Grantee and any other applicable rules and regulations of the Secretary. IN WITNESS 4JHEREOF, the Grantee has caused this Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and,.thereafter, the Government has caused the same to be duly executed in its behalf this day of I , 1968. ( S E A L ) CITY OF CORPUS CHRISTI, TEXAS ATTEST: By City Manager City Secretary UNITED STATES OF AMERICA Secretary of Housing and Urban Development By -4- Assistant Regional Administrator for Renewal Assistance Region V V HUD-3192bAft (12 -66 NEIGHBORHOOD FACILITIES GRANT CONTRACT PART II TERMS AND CONDITIONS Contents ARTICLE I - PROJECT DEVELOPMENT Page SEC. 101. GENERAL (A) Accomplishment of Project - - - - - - - - - - - - - - - - 1 (B) Supervision and Inspection by Grantee - - - - - - - - - - 1 (C) Compliance with Regulations Pursuant to Civil Rights Act of 1964--------- --- ---- -- ---- 1 SEC. 102. ADMINISTRATION (A) Government Inspections of Project Work - - - - - - - - - 1 (B Books and Records - - - - - - - - - - - - - - - - - - - - 1 (C Government Audits and Inspections of Books and Records andOther Documents - - - - - - - - - - - - - - - - - - 2 (D) Submission of Proceedings, Contracts, and Other Documents - - - - - - - - - - - - - - - - - - - - - - - 2 E Expenses for Government Inspections and Representatives - 2 F Concurrence of Government in Proposed Actions - - - - - - 3 Safeguards Against Risk - - - - - - - - - - - - - - - - - 3 (H Project Signs - - - - - - - - - - - - - - - - - - - - - - 3 SEC. 103. LAND PROVISIONS (A Recordation - 3 B Restrictions - - - - - - - - - - - - - - - - - - - - - - 4 (C Fair Market Value - - - - - - - - - - - - - - - - - - - - 4 SEC. 104. BUDGETARY CONTROL AND ACCOUNTING RECORDS (A Establishment and Maintenance of Accounting Records - - - 4 (B The Project Budget -- - - - - - - - - - - - - - - - - - 4 (C Account in Approved Depository - - - - - - - - - - - - - 4 SEC. 105. CONSTRUCTION PROVISIONS (A) Contract and "Force Account" Work - - - - - - - - - - - - 5 (B Competitive Bidding - - - - - - - - - - - - - - - - - - - 5 (C certain Contractors Ineligible for Contract Awards - - - 5 (D Protection of Labor Standards - - - - - - - - - - - - - - 5 (E Enforcement Obligation of Grantee - - - - - - - - - - - - 6 (i) SEC. 106. EQUAL EMPLOYMENT OPPORTUNITY Page (A) Activities and Contracts Not Subject to Executive Order 11246--- - - - - - - - - - - - - - - - - - - - - 6 (B) Activities and Contracts Subject to Executive Order 11246- ------- ----- --- -- - - --- 6 (C) Definition - Contract for Construction - - - - - - - - - - 8 (D) Enforcement Obligations of the Grantee - - - - - - - - - - 8 ARTICLE II - PAYMENT OF THE GRANT SEC. 201. PAYMENT OF GRANT Conditions Prerequisite to Payment on Account of Grant - - - - - 10 SEC. 202. ADVANCE OR PROGRESS PAYMENTS - - - - - - - - - - - - - - - 10 SEC. 203. CERTIFICATE OF COMPLETION - - - - - - - - - - - - - - - - 10 ARTICLE III - REMEDIES UPON DEFAULT IN CARRYING OUT PROJECT SEC. 301. TERMINATION OR SUSPENSION OF CONTRACT - - - - - - - - - - 12 ARTICLE IV - OPERATION OF THE NEIGHBORHOOD FACILITY SEC. 401. USE AND CONTROL General --- - -- -- - - - - - - - - - - - - - 13 B Fees and Charges - - - - - - - - - - - - - - - - - - - - - 13 C JAI Nondiscrimination - - - - - - - - - - - - - - - - - - - - - 13 D Encumbrances; Taxes and Assessments - - - - - - - - - - - - 13 E Maintenance and Operation - - - - - - - - - - - - - - - - - 14 SEC. 402. SMWwIONOFDOCUMENTS - - - - - - - - - - - - - - - - - 14 SEC. 403. SAFEGUARDS AGAINST RISK - - - - - - - - - - - - - - - - - 14 SEC. 404. REMEDIES - - - - - - - - - - - - - - - - - - - - - - - - - 14 SEC. 405. DESTRUCTION OR DAMAGE; EMINENT DOMAIN - - - - - - - - - - 15 ARTICLE V - MISCELLANEOUS PROVISIONS SEC. 501. INTEREST OF PUBLIC OFFICIALS AND EMPLOYEE.9 - - - - - - - - 16 SEC. 502. INTEREST OF CERTAIN FEDERAL OFFICIALS- - - - - - - - - - - 16 SEC. 503. BONUS OR COMMISSION - - - - - - - - - - - - - - - - - - - 16 SEC. 504. CLAIMS AGAINST GOVERSMEHT BY THIRD PERSONS - - - - - - - - 16 (ii) ARTICLE I - PROJECT DEVELOPMENT SEC. 101. GENERAL (A) Accomplishment of Project. -- The Grantee will carry out the Project with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with the Application, the provisions of this Contract, and all the provisions of applicable Federal, State and local law, and will likewise take all steps necessary to carry out its obligation with respect to the relocation of displaced persons in accordance with the Application and regulations of the Secretary. The Grantee will incorporate in each contract which is entered into by it with respect to the Project, such provisions and conditions as may be necessary to enable the Grantee to carry out the applicable provisions of this Contract. The Grantee will promptly provide or cause to be provided the non- Federal share of the Development Cost. (B) Supervision and Inspection by Grantee. -- The Grantee will provide and maintain or cause to be provided and maintained, accordingly as may be appropriate, at all proper times, competent and adequate eschitectual, engineering, and other technical supervision and inspection of all work on the Project. (C) Compliance with Regulations Pursuant to Civil Rights Act of 1964. -- The Grantee will carry out the Project in compliance with all requirements imposed by or pursuant to the regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 2419 252). SEC. 102. AMMMTRATION (A) Government Inspections of Project Work. -- The Government shall have the right to inspect, to the extent deemed necessary by the Secretary, all Project work. It will inform the Grantee of any noncompliances, with respect to such work, observed by the Secretary in the course of such inspections, but will not issue any orders or instructions to any contractors or subcontractors on such work. The Grantee will take all steps necessary (including the incorporation of appropriate provisions in all contracts for Project work) to assure that, for the purpose of this Contract, the Government is permitted to examine and inspect all Project work, and all materials, equipment, and employment conditions pertaining to such work. (B) Books and Records. -- The Grantee will keep Hill and accurate books and records with respect to all matters covered by this Contract, including books and records which permit a speedy and effective audit and which will fully disclose: (1) Adequate title evidence in the form of title policies, Torrens certificates, abstracts, and attorney's opinions or other - 1 - evidence satisfactory to the Secretary relating to the land or interests in land acquired by the Grantee as a pert of this Project; (2) The amount and disposition of both Federal and non - Federal funds which are provided for the Project; (3) All items of cost chargeable or which are proposed to be charged to the total cost of the Project; (4) All Project work and undertakings and all contracts which are entered into by the Grantee pertaining thereto; (5) The families, individuals, business concerns, and nonprofit organizations which are displaced in the carrying out of the Project, the pertinent facts concerning their relocation, and the making of relocation payments therefor; and (6) All proceedings which are taken by the Grantee with respect to any of the preceding items in this Section. (C) Government Audits and Inspections of Books and Records and Other Documents. -- The Grantee will, at any time during normal business hours, and as often as the Secretary or the Comptroller General of the United States may deem necessary, permit the Secretary and the Comptroller General to have full and free access to all of its books and records with respect to the matters covered by this Contract, including those set forth in subsection (B) of this Section, and will take all necessary steps (including the incorporation of appropriate provisions in all contracts for Project work) to assure that the Secretary and the Comptroller General are permitted to audit, examine, and make excerpts or transcripts from books and records with respect to matters covered by this Contract, and to review, inspect, and make audits of all contracts, invoices, payrolls, records of personnel, books of accounts, and other documentary data pertaining to such matters. (D) Submission of Proceedings, Contracts, and Other Documents. -- The Grantee shall submit to the Government such data, reports, records, and documents relating to the carrying out of the Project as the Government may require. (E) Expenses for Government Inspections and Representatives. -- The Grantee will compensate the Government for expenses by the Government for the latter's inspections and audits of the Project, and for the provision by the Government of its representatives at the site of the Project, by paying the Government a fixed fee therefor in the amount stated in Sec. 5 hereof or in any subsequent revision of that Section; Provided, That the Grantee shall be entitled to a refund of the fixed fee only if the Project is not undertaken and if the Grantee shall have paid the Government the fixed fee. The fixed fee shall be payable solely out of - 2 - funds becoming available to the Grantee for its undertaking of the Project. The fixed fee shall be collected by set -off against the amount of the first advance or progress payment on account of the Project Grant paid to the Grantee after initial establishment of the fixed fee and after any subsequent revision of the amount of said fixed fee. (F) Concurrence of Government in Proposed Actions. -- The Grantee shall not proceed with any proposed contract, or the acquisition of real property by eminent domain or otherwise, until it has obtained the prior concurrence of the Government, when such prior concurrence is required under the rules and regulations of the Government applicable to this Contract and the Grant payable hereunder. (G) Safeguards Against Risk. -- During the course of the Project, the Grantee shell take adequate measures, in accordance with the rules and regulations of the Secretary, to safeguard against the following risks: (1) Damage to or destruction of the Neighborhood Facility; (2) Theft or other loss of grant funds or other funds necessary for the carrying out of the Project; (3) Injuries or death to employees of the Grantee, contractors and subcontractors and to any other persons; (4) Failure of contractors or subcontractors to complete their performance or to pay laborers and materialmen. The rules and regulations issued from time to time by the Secretary will require the Grantee to provide for these risks by appropriate insurance policies and fidelity or surety bonds or other measures. (H) Project Signs -- The Grantee will cause to be promptly prepared a sign, or signs, in form and substance satisfactory to the Secretary, identifying the Project and iddicating the Government's participation. The Grantee will cause each sign to be erected and maintained at a conspicuous point on the Project site during the carrying out of the Project. SEC. 103. LAND PROVISIONS (A) Recordation. -- The Grantee shall cause to be duly recorded in accordance with applicable local law all instruments which are generally recorded in the jurisdiction in order to protect fully all of the Grantee's rights, titles and interests in and to any land acquired or used as a part of the Project. - 3 - • • (B) Restrictions. -- The Grantee shall take all reasonable steps to remove or abrogate, or to cause to be removed or abrogated, any and all provisions in any and all agreements, leases, conveyances, or other instru- ments restricting, upon the basis of race, religion, color, or national origin, the sale, lease, or occupancy of any land the Grantee acquires or uses as a part of the Project. (C) Fair Market Value. -- The Grantee shall take all appropriate steps to assure that the consideration it pays for the land does not exceed fair market valve at the time of acquisition. If the Secretary determines that the consideration paid by the Grantee is in excess of fair market value, for purposes of computing the amount of the Grant, the acquisition cost shall be reduced by the amount of the excess. SEC. 104. BUDGETARY CONTROL AND ACCODhMG RECORDS (A) Establishment and Maintenance of Accounting Records. -- The Grantee shall establish for the Project, in conformity with uniform requirements established by the Secretary to facilitate the administration of the Project, separate accounts to be maintained within its existing accounting system or set up independently. Such accounts are referred to herein collectively as the "Project Account ". The Grantee shall appropriately record in the Project Account all Grant payments received by it from the Government pursuant to this Contract and all other funds provided for, accruing to, or otherwise received on account of the Project, vhich Grant payments and other funds are hereinafter collectively referred to as "Project Funds ". The Grantee shall charge to the Project Account all costs of the Project. (B) The Protect Budget. -- The Grantee shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. The budget may be revised from time to time, but no such budget or revision thereof shall be effective for the purposes hereof unless and until the Government shall have approved the same for said purposes: Provided, That the Grantee may incur costa or obligations for costa for Project activities covered by a line item of the budget up to, but not exceeding, such percentage as the Secretary may in his discretion specify in excess of the total amount specified for the said line item, if said costs or obligations do not result in overrunning the total amount specified in the budget for the Project. (C) Account in Approved Depository. -- The Grantee will set up, and will maintain, in an approved depository such accounts as shall be prescribed by the rules and regulations of the Secretary for the deposit of all funds received on account of the grant payable hereunder and the additional funds required to be furnished by Grantee. - 4 - ORC. 105. COASTAQCTICB PHOVISICUS (A) Contract and °Force Account" Work. -- All installation, construction, reconstruction, demolition, removal, site improvement work, and all other similar work, of the Grantee, as a part of the Project involving amounts of more than $1,000 will be done ender written contracts let by it, except such of the aforementioned work as the Government may, upon the written request of the Grantee, consent, in writing, to be performed directly by the Grantee by utilization of its own employees. Any contract entered into by the Grantee for Project work eball be on a harp -sus or unit -price basis and not on a cost -plus basis. (B) Competitive Bidding. -- The Grantee will give 11x71 opportunity for free, open, and competitive bidding for each contract to be let by it ce "In for installation, construction, reconstruction, demolition, removal, or site improvement work, or other similar work, as a part of the Project, or for the furnishing of any materials, supplies, or equipment for, or for use on, the Project; will give such publicity to its advertisements or calls for bids for each such contract as will provide adequate competition; and the award of each such contract, when made, will be made by it as soon as practicable to the lowest responsible bidder: Provided, That in the selection of such materials, equipment, or supplies the Grantee may, in the interest of standardization or ultimate eeonW, if the advantage of such s*anda diwtion or such Ultimate econmW is clearly evidenced and an appropriate provision for such action is included by it in the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other than the lowest in price: Provided fur her, That if the estimated amount of the proposed contract is i500 or lees, or if the proposed contract covers only services to be donated to the Project by the contractor, such contract may, except where contrary to the requirements of State or local law, be let by the Grantee without negotiation or competitive bidding and without observance of the other provisions of this subsection. (C) Certain Contractors Ineligible for Contract Awards. -- The Grantee will not award any contract for work on the Project to any contractor who is, at the time, ineligible ender the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, to receive such an award. (D) Protection of Labor Standards. -- Before the Grantee receives bids or proposals for, or otherwise negotiates for, a proposed contract which calls for the performance of any work on the Project which will entail, for such work, the employment by the contractor or his subcontractors of laborers or mechanics, the Grantee ehall include in the proposed contract documents appropriate wage schedules (including the applicable wage determination decision of the Secretary of Labor, United States Department Of Labor) and the provisions embodied in the document entitled 'Federal Labor Standards Provisions', attached hereto and marked SM -3200 and which is made a pest hereof. Such schedules, wage determination decisions, and other provisions, as included in such proposed contract documents, shall also be included in the contract documents as executed. The Grantee will • s include in each contract covered by this subsection an appropriate provision requiring the contractor to insert in each of his subcontracts which will entail the employment by such subcontractor of laborers or mechanics, as aforesaid, wage and other provisions which are consistent with such contractor's contract with the Grantee. Nothing in this Contract shall be construed to relieve the Grantee, or any of its contractors or subcontractors, of any obligation under State or local laws to pay higher wages or comply with stricter labor standards than are required by Federal law under this Contract. (E) Enforcement Obligation of Grantee. -- The Grantee will assist and cooperate actively with the Secretary and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the aforementioned Federal Labor Standards Provisions and with the rules, regulations, and relevant orders of the Secretary of Labor and will obtain and furnish to the Secretary and to the Secretary of Labor such information as they may require for the supervision of such compliance. SEC. 106. EQUAL w. auwwT OPPORTUNITY (A) Activities and Contracts Not Subject to Executive Order 11246. -- In the carrying out of the Project, the Grantee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Grantee will take affirmative 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; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The Grantee will incorporate the foregoing requirements of this subsection (A) in all of its contracts for Project work, except contracts governed by subsection (B) of this Section 106 and contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for Project work. (B) Activities and Contracts Subject to Executive Order 11246. -- The Grantee will incorporate or cause to be incorporated into any contract for construction or modification thereof which is subject to Executive Order 11246, and the rules and regulations of the Secretary of Labor pursuant thereto, the following provisions, altered only to reflect the proper identity of the parties: I During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, 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, 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Grantee 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, creed, color, 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 Grantee, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shell 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, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts by the Grantee, the Secretary of Housing and Urban Development, 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 nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Grantee or the Secretary of Housing and Urban Development 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 Grantee or the Secretary of Housing and Urban Development, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Grantee further agrees that it will be bound by the above equal opportunity provisions in any federally assisted construction work which it performs itself other than through the permanent work force directly employed by an agency of government. (C) Definition - Contract for Construction. -- As used in this Section lor, "contract for construction" means any contract or agreement for the demolition of structures or the provision, repair, or alteration of buildings and other improvements, as provided for in the Project. (D) Enforcement Obligations of the Grantee. -- The Grantee will assist and cooperate actively with the Secretary of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the provisions set forth in subsection (H) of this Section 106 and with the rules, regulations, and relevant orders of the Secretary of Labor and will obtain and furnish to the Secretary of Housing and Urban Development and to the Secretary of Labor such information as they may require for the supervision of such compliance and will otherwise assist the Secretary of Housing and Urban Development in the discharge of the Department of Housing and Urban Development's primary responsibility for securing compliance. The Grantee vilL enforce the obligations of contractors and subcontractors under such provisions, rules, regulations, and orders and will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the Secretary of Housing and Urban Development. The Grantee will refrain from entering into any contract subject to Executive Order 11246 or extension or other modification of such a contract with a contractor who has been debarred from, or who has not demonstrated his eligibility for, Government contracts and federally assisted - 8 - construction contracts as provided in Executive Order 11246. In the event the Grantee fails and refuses to comply with its undertakings, the Grantee agrees that the Government (i) may cancel, terminate, or suspend this Contract in whole or in pert, (ii) may refrain from extending any further assistance under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Grantee, or (iii) may refer the case to the Department of Justice for appropriate legal proceedings. - 9 - ARTICLE II - PAYMENT OF THE GRANT SEC. 201. PAYMENT OF GRANT Conditions Prerequisite to Payment on Account of Grant. -- Notwithstanding any other provisions of this Contract, the Government may elect not to make a requested payment on account of the Project Grant, or the Relocation Grant: (A) If the Grantee shall have made to the Government any misrepresentation of a material nature in the Application, or any supplement thereto or amendment thereof, or in this Contract, or in or with respect to any document furnished therewith or pursuant hereto; (B) If there has been any conversion of the use of the Neighborhood Facility to uses not approved by the Government; (C) If there has been any material change in the carrying out of the Project in accordance with the Application approved by the Government without the prior consent of the Government; (D) If the Grantee shell have abandoned, or, before the completion thereof, terminated the Project; (E) If the Grantee shall then be in default with respect to any of the provisions of this Contract. SEC. 202. ADVANCE OR PROGRESS PAYMENTS Under or subject to such conditions as the Government may, in writing, specify, which are not inconsistent with applicable law, the Government may, in its discretion, make advance or progress payments to the Grantee on account of the Project Grant or the Relocation Grant, at such time or times prior to the completion of the Project and the final determination of the total cost thereof as, in view of the status of the Project and the matters relative thereto, the Government may deem appropriate, but no such advance or progress payment will be made unless and until the Grantee shall have filed its written request with the Government for such advance or progress payment on such forms as the Government may prescribe: Provided, That the Grantee is not in default on any of the terms of this Contract. SEC. 203. CERTIFICATE OF COMPLETION Promptly after all Project work has been completed, the Grantee shall prepare and submit to the Secretary a Certificate of Completion showing that the Project has been fully completed in accordance with the Contract, and such other facts and assurances that the Secretary may from time to time require evidencing completion of the Project, the payment of costs, the - 10 - discharge or release of liens, and other pertinent considerations. The Secretary may also require evidence that the Grantee has provided furnishings and movable equipment necessary to the full use and operation of the Neighborhood Facility. Upon the Secretary's approval of the Certificate of Completion, final settlement and payment of the Project Grant and Relocation Grant shall be made by the Government on the basis of such approved Certificate. - 11 - • • ARTICLE III - REMEDIES UPON DEFAULT IN CARRYING OUT PROJECT SEC. 301. WBMTION OR SUSPENSION OF CONTRACT The Government may suspend or terminate this Contract at its discretion upon the happening of any of the following: (A) Abandonment of the Project or an unreasonable delay by Grantee in completing it; (B) The making of any misrepresentation by the Grantee in its Application or in the furnishing of any information to the Government; (C) The violation of any of the terms or conditions of this Contrast; or (D) Any event which renders the accomplishment of the Project by the Grantee or the operation of the Neighborhood Facility pursuant to Article IV hereof impossible, improbable, infeasible, or illegal. Upon suspension or termination of the Contrast, the Government shall, to the fullest extent permissible by lair, have, as a matter of contract, the following rights and remedies: (A) The right to terminate any further payments on account of the Project Grant and the Relocation Grant; (B) The right to maintain any and all actions at law and suits in equity or other proper proceedings to enforce the curing or remedying of any defaults or breaches of agreements mentioned in this Section. In addition, upon termination of the Contract, the Government shall have the right to obtain a refund in full of the amount of the Project Grant and Relocation Grant already disbursed. ARTICLE IV - OPERATION OF THE NEIGHBORHOOD FACMM The provisions of this Article, except where otherwise stated, are applicable for a period of twenty years after the completion of the Project. SEC. 4ol. usE AND CONTROL (A) General. -- The Neighborhood Facility shall be used for the carrying out of a program of health, recreational, social or similar community services in accordance with this Contract and the Application. No change in the use of the Neighborhood Facility to a use other than that contemplated under this Contract and the Application shell be made by the Grantee, without the prior consent of the Government. Such consent, if given, shall be based upon the finding by the Government that the proposed conversion is in accordance with the current program of health, recreational, social or similar community services in the area and is consistent with comprehensive planning for the development of the community. The Grantee shall not enter into any lease or agreement transferring to any other entity the control or supervision of the Neighborhood Facility without the prior concurrence of the Secretary. (H) Fees and Charges. -- No fees or charges will be made for the services and benefits of the Neighborhood Facility except in accordance with the regulations of the Secretary. (C) Nondiscrimination. -- The Grantee will operate the Neighborhood Facility and conduct, or secure the conduct of, all programs carried out in the Facility in compliance with all requirements imposed by or pursuant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 252). The Grantee will not, on the basis of race, creed, color or national origin, deny to any person the use, benefits, or services provided by the Neighborhood Facility, nor provide any facilities, services, or benefits to a person which are different or are provided in a different manner from those provided to others under the same program or activity. The Grantee will not adopt rules, regulations, or practices for the operation of the Neighborhood Facility which are discriminatory in nature. Grantee further agrees that it will not enter into any lease or other agreement respecting the Neighborhood Facility without incorporating into such lease or agreement provisions which will insure that the use and occupancy, and the provision of neighborhood services and other benefits will be available without regard to race, creed, color, or national origin. The provisions of this section 401(C) have no termination date and shall be effective so long as the premises are used as a Neighborhood Facility. (D) Encumbrances; Taxes and Assessments. -- The Grantee shell not voluntarily create, cause, or allow to be created any debt, lien, mortgage, charge, or encumbrance against the Neighborhood Facility which in any way - 13 - 01.1 impair or otherwise adversely affect t$e preservation of said Facility for the use or uses set out in this Section 401 of this Contract. The Grantee shall from time to time duly pay and discharge, or cause to be paid and discharged when the same become due, all taxes, assessments, and other governmental charges which are lawfully imposed upon the Neighborhood Facility and which if unpaid may by law become a lien or charge upon said Facility and thereby impair or otherwise adversely affect the holding of said Facility for the use or uses net out in this Section 401 of this Contract. (E) Maintenance and Operation. -- The Grantee shall at all times keep the Neighborhood Facility in good and safe condition and repair and in the occupancy, maintenance, and operation thereof shall comply with all laws, ordinances, codes and regulations applicable thereto. The Grantee shall not permit, commit, or suffer waste or impairment of the land described In subsection (C) of Section 2 hereof or of the Neighborhood Facility, or any part thereof. SEC. 402. sumassION of DOCDMENTS The Grantee shall submit to the Secretary such data, reports, records, and documents relating to the operation of the Neighborhood Facility as the Government may require in order to permit the Secretary to determine whether the operation of the Neighborhood Facility is in accordance with this Contract and the rules and regulations of the Secretary. SEC. 403. SAFEGUARDS AGAINST RISK The Grantee shall provide adequate measures, in accordance with the rules and regulations of the Secretary, to safeguard the Neighborhood Facility against damage and destruction and against liability flowing from injury or death to persons. These rules and regulations will require the Grantee to provide for these risks by appropriate insurance policies in adequate amounts or, with the approval of the Secretary, take such other measures to provide adequate safeguards. SEC. 404. RENIEDIESS If the Grantee violates any of the provisions of this Article IV, the Government shall have the right to declare a default under this Contract, effective upon thirty days' notice thereof to the Grantee. Upon default, the Government shall, to the fullest extent permitted by law, have, as a matter of contract, the following rights and remedies: (1) The right to obtain a refund from the Grantee of the full amount of the Project Grant and Relocation Grant; (2) The right to a writ of mandamus or an injunction or other similar relief against the Grantee to secure compliance with the provisions of this Article IV; (3) Such other actions at law, suits in equity, or other proceedings as may be appropriate. - 14 - ARTICLE V - MISCELLANEOUS PROVISIONS SEC. 501. INTEREST OF PUBLIC OFFICIALS AND EMPLOYEES No officer, employee, or member of the governing body of the Grantee, no other public official of the locality in which the Project will be carried out, and no employee, officer, or director of any participating nonprofit organization, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Project, shall have any financial interest, direct or indirect, in this Contract, or in any contract or undertaking in connection with carrying out the Project or in connection with the use and operation of the Neighborhood Facility. SEC. 502. INTEREST OF CERTAIN FEDERAL OFFICIALS No member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit arising herefrom. SEC. 503. BONUS OR COMMISSION The Grantee will not pay any bonus or commission for the purpose of obtaining approval of the Application, or any other approval by the Government which may be necessary under this Contract. SEC. 504. CLAIMS AGAINST GOVERNMENT BY THIRD PERSONS Nothing contained in this Contract shall create or justify any claim against the Government by any third person as a result of contracts executed by the Grantee or any other actions of the Grantee in carrying out the Project or in the use and operation of the Neighborhood Facility. SEC. 505. HOW CONTRACT AFFECTED BY PROVISIONS BEING HELD INVALID If any provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. SEC. 506. PROVISIONS CONCERNING CERTAIN WAIVERS Subject to applicable Federal law, any right or remedy which the Government may have under this Contract may be waived in writing by the Government by a formal waiver and either with or without the execution of an amendatory or supplementary agreement, if, in the judgment of the Government, this Contract, as so modified, will still conform to the provisions and requirements of applicable laws. - 16 - C SEC. 507. USE OF CERTAIl4 TERMS Except where the context clearly indicates otherwise, the following terms, as used in this Contract, shall have the following meanings: (A) The term "Application" means that written application for the Federal grant by the Grantee, including any revisions thereto, together with all explanatory, supporting, or supplementary documents filed therewith, as approved by the Government. (H) The term "land ", whether capitalized or not, is used in its broadest accepted legal sense and, without limiting the generality of such meaning of the term, means any real property, including improved or unimproved land. (C) The term "rules and regulations of the Secretary" includes all written policy issuances of the Secretary, regardless of whether they are published as formal regulations. (D) The term "Secretary" means the Secretary of Housing and Urban Development, or the person authorized to act on his behalf. - 17 - 215740 -P • DEPARMT OF HOUSING AND URBAN DEWPLOPMBNT FEDERAL LABOR STANDARDS PROVISIONS J 1. APPLICABILITY HUD -3200 • (4-66) The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 2. MUUNUM WAGE RATER FOR LABORERS AND tVMMCS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti- Kickback Act hereinafter identified), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All Laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 3• UNDERPAYmmm OF WAGES OR sALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of my payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics - 1 - 0 the full amount of wages required W this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same Is due or on their behalf to plans, funds, or programs for any type of ,fringe benefit prescribed in the applicable wage determination. 4. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS ACT (76 Stat. 357 -36o; Title 40 U.S.C., Sections 327 -332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefor Shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor Shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a), in the Bum of $10 for each calendar deer on which Such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a). -2- (o) Withholding for liquidated damages. The Local Public Agency or • Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractort such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in azW subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter Into, together with a clause requiring this insertion in any furtluir subcontracts that may in turn be made. 6. EMPLOYMENT OF APPRENTICES Apprentices will be permitted to perform work covered by this Contract only under a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or, if no each recognized Agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training. The allowable ratio of apprentices to journey - men in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force unties the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor, United States Department of Labor. for the classification of work he actually performed. The Contractor or subcontractor shall furnish the Local Public Agency or Public Body with written evidence of the registration of his program and apprentices, as well as of the appropriate ratios and wage rates for the area of construction. prior to using any apprentices on the contract work. 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO- CALLED "ANTI - KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by referencu) of the Secretary of Labor, United States Department of Labor, made pursuant to the so- called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874; and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto. and shall be responsible for the submission of affidavits required by subcontractors thereunder. except as said Secretary of Labor may specifically provide for reasonable limitations, variations. tolerances. and exemptions from the requirements thereof. - 3 - •9. E[+D?I07Q ENT OF LABORERS OR =HAWICS NOT LISTED IS AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not ]a.sted in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Bbusing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRINGE HEM= NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minim,.m wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hour]y cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Fablic Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 31. POSTING WAGE DEMR41W= DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable vage poster of the Secretary of Labor, United States Department of Labor, and the applicable vage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deduction, if any, in accordance with the provisions of this Contract, to be made from vages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 12. COMPLAIN'B3, PROCE®LNGS, OR TESTI)M BY WeLOMS No Laborer or mechanic to wham the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the Labor standards applicable under this Contract to his employer. -4- The Contractor and each subcontractor shall make his fnnlovrmnt rannTeiA with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORN BY EaWyEES The 'transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees Of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 17. IM .IGIBLL SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, to receive an award of such subcontract. 18. PROVISIONS TO BE IHCIi = IN CERTAIN SUBCONTRACTS The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 19. BREAOH OF FORMING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United Statee Department of Labor. - 6 - 03- CLAIM AND DISPUTES PERTAINING TO WAGS RATES o Claims and disputes pertaini 9na to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 14. QUESTIONS CON=MG CERTAIN FERERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation oY (a) the aforesaid Ali- Kickback Act, (b) the Contract Work Hours Standards Act, (c) the aforesaid Davis -Bacon Aot, (d) the regulations issued by the Secretary oY Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body sad the Seoretary of Housing and Urban Development, to the Secretary oY Labor, United Statea Department oY Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section l(b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found. under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program Is financially responsible, and that the glen or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. -5- ol*Contract Work Hours Standards Act whenever they+are applicable to construction work. The pa� details the obligation of contractors and subcontfactors relative to the weekly submission of state- ments regarding the wages paid on work covered thereby: sets forth the circumstances and procedures governing the making of Payroll deductions from the wages of those employed on such work: and de- lineates the methods of Payment permissible on such work. Sec. 3.2 Definitlons. As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tannels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals: dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment dpring the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the mooning of the regulations in this part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public wont" include building or work for whose construc- tion, prosecation, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as de- fined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to land guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor In the con- struction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in Part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "my affiliated person" includes a spouse, child, parent or other close relative of the contractor or subcontractor, a partner or officer of the contractor or subcontractor: a cor- poration closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia., and all execu- tive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. - 2 - ATTACHNEHT TO FEDERAL LABOR. STAM ARDS PROVISIONS • SO- CALLED "ANTI - KICKBACK ACT" AND REMIIATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITM STATES DEPARTHM OF LABOR TITLE 18, U.S.C., section 874 (Replaces section 1 of the Act of June 13. 1934 (48 Stat. 948, 40 U.S.C., sec. 278b) pursuant to the Act of June 25, 1948. 62 Stat. 862) KICKBACKS FMM PUBLIC WORKS EMPLOYEES Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by anv other manner whatsoever induces soy person employed in the construction, prosecution, completion or repair of nay public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shell be fined not more then $5.000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948. 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 u.S.C., sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors en- gaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. - -- xxx - - - Pursuant to the aforesaid Anti - Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29. Subtitle A. Code of Federal Regulations, Part 3. The term, "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows: CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. 3.1 Purpose said scope. This part prescribes "anti- kickback" regulations under section 2 of the Act of Jane 13, 1934, as emended (40 D.B.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the mini- mum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pol- lution Control Act, and the Housing Act of 1959). and in the enforcement of the overtime provisions -1- or. 3.3 Meekly statement with respect to payment of wages. • (a) As used in this section, the term "employee" shall not apply to persons in classifications higher then that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public Work, or building or work financed in Whole or in past by loans or grants from the United States, shall furnish each Week a statement With respect to the Wages paid each of its employees engaged on work covered by these regulations during the preceding Weekly payroll period. The statement shall be executed by the contractor or subcontractor or by an author- ized officer or employee of the contractor or subcontractor Who supervises the payment of Wages, and shall be in the following form: ti9Fffi8 STATEMENT of COMPLIANCE 19— I. (Name of signatory party) (ritte) do hereby state: (1) That I pay or supervise the payment of the persons employed by on the : that (Contractor or aubcaneraeto r) (Building or mark) during the payroll period commencing on the— day of 19—, and ending on the _day oP , 19 — , all person. employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the fall weekly (Contractor or subcontractor) wages earned by any person and that no deductions have been made either di- rectly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Part 3). issued by the Secretary of Labor under the Copeland Act, as emended (48 Stat. 948, 63 Stat. 108, 72 Stat. 957; 76 Stat. 537; 40 U.S.C. 276c), and described below: (Paragraph describing deductions if any) (2) That any payrolls otherwise under this contract required to be sub- mitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic con- form with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the [snrean of Apprenticeship and Training,] United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (Signature and title) - 3 - Sec .01001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apple to such statement as provided at 72 Stat. 987 (18 D.B.C. 1001, among other things, provides that who- ever knowingly and willfully makes or uses a document or fraudulent Statement of entry, in my matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both). (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. Sec. 3.4 Submission of weekly statements and the preservation and Inspection of weekly payroll records. (a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or sub- contractor, within seven days after the regular payment date of the payroll period, to a representa- tive of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency Con- tracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pay- roll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. Sec. 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal. State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of Sums previously paid to the employee as a bone fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" Is considered to have been made only when cash or its equivalent has been advanced to the person em- ployed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless, the de- duction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds estab- lisbed by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities or retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insur- ance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or - 4 - imilar payments for the benefit of employees. their families and dependants: Provided, howeve. That•the following standards are met: (1) The deduction is not otherwise prohibited by law, (2) it is either. (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (11) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps end Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United (livers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Sec. 516.25(a) of this title shall be kept. Sec. 3.5 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a Lesion. dividend, or otherwise; (b) The deduction is not otherwise prohibited by law, (c) The deduction is either (1) voluntarily consented to by the employee in writing and in ad- vance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bar- gaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Sec. 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under Sec. 3.6 shall comply with the re- gairements prescribed in the following paragraphs of this section: WM (a) The application shall be in writing and shall he addressed to the Secretary of Labor. (b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only an specific, identified contracts, except upon a showing of exceptional circumstances. (c) The application shell state affirmatively that there Is compliance with the standards set forth in the provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds ob- tained from the proposed deductions are to be transmitted and the affiliation of such person, if my, with the applicant. Sec. 3.8 Action by the Secretary of Labor upon applleatione. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Sec. 3.6; and shall notify the applicant in writing of his decision. Sec. 3.8 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under Sec. 3.6 are prohibited. Sec. 3.10 Methods of payment of rages. The psyment of wages shall be by cash, negotiable instruments payable on demand, or the addi- tional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Sec. 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in pest by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Sec. 6.8(a) of this subtitle. W. Willard Wirtz, Secretary of Labor. 214839 -P - 6 - 1. If, CORPUS CHRISTI, TEXAS q��7 DAY OF, a/j, - j9 �i0 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOIdG VOTE: JACK R. BLACKMON BONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS