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HomeMy WebLinkAbout08910 ORD - 06/19/1968JKH:6 -19 -68 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, FOR THE LIBRARY AND HEALTH AND WELFARE COMPONENTS OF THE 1968 HEAD -START PROGRAM, A COPY OF SAID CONTRACTS BEING ATTACHED HERETO AND MADE AIPART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL, ON MAY 27, 1964, ADOPTED A POLICY STATEMENT CONCERNING POVERTY AND NEED IN THE CORPUS CHRISTI COMMUNITY; AND WHEREAS, THE STAFF OF THE CITY AND REPRESENTATIVES FROM ALL AREAS OF THE COMMUNITY HAVE CAREFULLY STUDIED ECONOMIC CONDITIONS EXIST- ING IN THE COMMUNITY; AND WHEREAS, CERTAIN OPPORTUNITIES ARE AVAILABLE THROUGH TITLE II(B) OF PUBLIC LAW 88 -452 TO PARTICIPATE WITH THE FEDERAL GOVERNMENT TO MOBILIZE THE FULL RESOURCES OF THE COMMUNITY; AND WHEREAS, THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES OF NUECES COUNTY, TEXAS, HAS 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; AND WHEREAS, CERTAIN COMPONENTS OF THE PROGRAM TO BE PROVIDED BY THIS GRANT CAN BE EXECUTED BY THE CITY - COUNTY HEALTH AND WELFARE DEPART- MENT AND LA RETAMA PUBLIC LIBRARY, OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 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 EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES FOR THE FOLLOWING COMPONENT ACTIVITIES: CG -0129 B/4 COMPONENT 0719 HEALTH AND WELFARE CG -0129 B/4 COMPONENT 072$ LIBRARY ALL ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE CARRYING OUT OF SAID CONTRACTS AND THE ADMINISTRATION OF FUNDS THEREUNDER IS HEREBY RATIFIED AND CONFIRMED. l 0910 SECTION 2. THE NECESSITY FOR IMMEDIATE ACTION TO ASSURE PARTICIPATION OF THE CITY WITH THE FEDERAL GOVERNMENT IN THE ECONOMIC OPPORTUNITY PROGRAM OF THE FEDERAL GOVERNMENT 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 IT IS INTRODUCED AND 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 DAY OF JUNE, 1968. ATTEST: CITY SECRET RY MAYORPtO- d THE CITY OF 0 S CHRISTI, TEXAS APPROVED: _DAY OF JUNE, 1968: CITY ATTOWNEY OFFICE OF ECONOMIC OPPORTUNITY Washington, D. C. 20506 PART I (of 2 parts) AGREEMENT THIS AGREEMENT, is entered into as of this 30thday of May 19 68 , 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 Library of the City /County of Corpus Christi, Nueces County, State of Texas, hereinafter referred to as the "Contractor ". WITNESSETH THAT: y WHEREAS, the Agency on the 30th day of April x 19. 68 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 as 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 undertAings; NOW, THEREFORE, the Agency and the Contractor do mutually agree as follows: a 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 Agencyts application to ODD and attached and made a part of this Contract as Exhibit 1. 2. The Contractor shall spend no more than $. 2,969 in the perfor- mance of this Contract. No more than the following amounts may be spent for the following purposes, except that any of these categories may be exceeded by 10% of the indicated figure: 1. Personnel 2,296 2. Consultants and Contract Services -0- 3. Travel 30 4. Space Costs and Rentals 520 5. Consumable Supplies 123 6. Rental, Lease or Purchase of Equipment -0- 7. Other Costs -0- TOTAL COST OF COMPONENT 2,969 NON - FEDERAL SHARE 1,022 FEDERAL SHARE 1,947 3. The Contractor will contribute $ 1,022 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 A 1,022 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 k 1,947 for full and complete satisfactory performance. • , .v GENERAL PROVISIONS 5. The Contractor shall commence performance of this Contract on the 30th �— ARr ] 1968 , and shall complete performance no later than the 30th ate September, 1968 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. Zick ) who will certify to the truth name 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. B. Payments shall be made on a reimbursement basis for the prior month's expend- itures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimbursement in the amount desired by Contractor . . .. But in no event greater than an amount equal to the total Contract under consideration divided by the total number of months covered by the contract. The cash advance, if ws 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 ob- ligations. The cash advance, if any, 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 1968 . mate 9. This agreement is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contrac- tor 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 ". 1L IN WITNESS WHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREEMENT AS SIGNED AND WITNESSED BELOW: ATTEST: COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES 'SECRETARY SIDENT ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY MARVIN TOWNSEND CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1968: CITY ATTORNEY ,OFFICE OF ECONOMIC OPPORTUNITY Washington, D. C. 20506 PART II (of 2 parts) TERM AND CONDITIONS GOVERNING CONTRACTS DEMEEN COMMUNITY ACTION PROGRAM AGENCY AND CONTRACTOR FOR CONDUCT AND ADMINISTRATION OF COhfMONITY ACTIO14 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 Cw.tractor 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 OW under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by g:v :r,g written notice to the Contractor of such termination and specifying the etf:ative date thereof. Tn 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 unreiTubursed expenses necessarily incurred in satisfactory _2.. performance of the Contract, Notwithstanding the above, the Contractor shall 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 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 a part. Tf the Con- tractor is a private agency, expenses charged for travel c;r:31 not r -X,ced those which would be allowed under the rules of the United States Governrent governing official travel by its employees. 4. Lxpenses Disalloored. 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 l,er item, - 3 - (d) the cost of meals for employees or officials of the Contractor, except when on travel status; or (e) costs incurred before the effective date of the Contract. 5. Accounting for Properly. If property, costing less than $500 per item (1) is properly acquired with contract funds, (2) is expected at the time of acquisition to be used indefinitely for the purposes for which it was purchased, and (3) is in fact used for such purposes for a period of one year from the date of acquisition, title to such property shall vest in the Contractor. If property acquired with contract funds (1) has a cost of $500 or more per item, or is either (2) not expected at the time of acquisition to be used indefinitely for the purpose for which it was acquired, or (3) is in fact diverted to other uses within a period of one year from the date of acquisition, title to such property shall vest in , the Agency to be held on behalf of the OEO. 6. Publication and Publicity. The Contractor may putlish results of its function and participation in the approved commun.ic;/ action pro .gram without prior r:iview by the Agency, provided that such publications ?,chnow- ledge that the program is supported by funds granted by OEO pursuant to the provisions of the Economic Opportunity Act of 1964, and that five copies of each such 'gblication are furnished to OEO, plus such copies to the Agency as the Agency may reasonably require. 7. jopyrights. If the Contract results in a book= or other copyrightable materiFl, the author is free to copyright the work, but the Office of Economic I Opportunity reserves 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. B. 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 ti- Secretary of labor in accordance with the Davia -Bacon Act, as amended (40 U.S.C. 276a- 2'1,6a -5)• 10. Convenant Against Contingent Fees. The Cont;-actor warrants thac 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 oarrant, the Agency shall have the right to annul this Contract without liability or, in its discretion, to deduct from the compensation, or otherwise recov>>, 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 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 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 or to be promulgated by OEO pursuant to the C:iojl Rights Act of 1564, and will furnish the Director of OEO with such ansurannes as may be required by those regulations to be included in applications for grant funds. 7n the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6, 1961) or Executive Ordel: 171..14 (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 prose]ytization 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 OFO, and will arrange for on -site inspections by Agency or ORO representatives at the request of either. OFFICE OF ECONOMIC OPPORTUNITY Washington, D. C. 20506 PART I (of 2 parts) AGREEMENT THIS AGREEMENT, is entered into as of this 30th day of May 19 68 , 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 City County Health and Welfare of the City /County of Corpus Christi, Nueces County, State of Texas, hereinafter referred to as the "Contractor ". WITNESSETH THAT: WHEREAS, the Agency on the 30th day of April 1968 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 (hereinafter referred as as the OEO); WHEREAS, pursuant to said grant the Agency is undertaking certaiii.activities; and WHEREAS, the Agency desires to engage the Contractor to render certain assistance in such undertakings; NOW, THEREFORE, 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 Agencyts application to OEO and attached and made a part of this Contract as Exhibit 1. 2. The Contractor shall spend no more than $ 69063 in the perfor- mance of this Contract. No more than the following amounts may be spent for the following purposes, except that any of these categories may be exceeded by 10% of the indicated figure: 1. Personnel 18,406 2. Consultants and Contract Services 46,138 3. Travel 1,100 4. Space Costs and 231 Rentals 5. Consumable Supplies 3,065 6. Rental, Lease or Purchase of Equipment 360 7. Other Costs 63 TOTAL COST OF COMPONENT 69,363 NON - FEDERAL SHARE 16,969 FEDERAL SHARE 52,394 3. The Contractor will contribute $__L6,969 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 $ 16,969 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 $ 52,394 for full and complete satisfactory performance. GENERAL PROVISIONS 5. The Contractor shall commence performance of this Contract on the 30th die April, 1968 , and shall complete performance no later than the 30th ate September, 1968 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. Zick ) who will certify to the 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. B. Payments shall be made on a reimbursement basis for the prior month's expend- itures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimbursement in the amount desired by Contractor But in no event greater than an amount equal to the total Contract under consideration 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 ob- ligations. The cash advance, if any, 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 1968 date 9. This agreement is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contrac- tor 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 ". 1L IN WITNESS WHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREEMENT AS SIGNED AND WITNESSED BElah ATTEST: COMMUNITY C%JMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIiS k'fi ` o SECRET— PA39SIDENT ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY BY MARVIN TOWNSEND CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1968; CITY ATTORNEY ,OFFICE OF ECONOMIC OPPORTUI4ITY Washin &ton, D. C. 20506 PART II (of 2 parts) TERP4P, AND CONDITIONS GOVERNING CONTRACTS DE'FUEEN COMMUNITY ACTION PROGRAM AGENCY AND CONTRACIOR FOR CONDUCT AND ADMINISTRATION OF COMMUNITY 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 OED under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by g:v`•r,g written notice to the Cer,ractor of such termination and specif<jing the ef'zctive date thcreuf. Sn 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 2 performance of the Contract, Notwithstanding the above, the Contractor shall 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 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 mutual] 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. Xf the Con- tractor is a private agency, expenses charged for travel �;-•:31 not c -x,oed 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; - 3 - (d) the cost of meals for employees or officials of the Contractor, except when on travel status; or (e) costs incurred before the effective date of the Contract. 5. Accounting for Property. If property, costing less than $500 per item (1) is properly acquired with contract funds, (2) is expected at the time of acquisition to be used indefinitely for the purposes for which it was purchased, and (3) is in fact used for such purposes for a period of one year from the date of acquisition, title to such property shall vest in the Contractor. If property acquired with contract funds (1) has a cost of $500 or more per item, or is either (2) not expected at the time of acquisition to be used indefinitely for the purpose for which it was acquired, or (3) is in fact diverted to other uses within a period of one year from the date of acquisition, title to such property shall vest in the Agency to be held on behalf of the OEO. 6. Publication and Iliblicity. The Contractor may pt;'lish results of its function and participation in the approved commurilcy action program without prior review by the Agency, provided that such jubii.cations Ycknow- ledge that the program is supported by funds granted by OEO pursuant to the provisions of the Economic Opportunity Act of 1964, and that five codas of each such publication are furnished to OEO, plus such copies to the Agency as the Agency may reasonably require. 7. jopyrights. If the Contract results in a book or other copyrightable materiFl, the author is free to copyright the work, but the Office of Economic Opportunity reserves 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. g. 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 t;,e Secretary of Labor in accordance with the Davis -Bacon Act, as amended 0',0 U.S.C. 276a- ?76a -$j. 10. Convenant Against Contingent Fees. The Contractor warrants th,,.c no person or sellinZ agency or other organization has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commi.ssio:,, percentage, brokerage, cr contingent fee. For breach or violation of this vrarrant, the Agency shall have the right to annul this Contract without liability ox,, in .its discretion, to deduct from the compensation, or otherwise recovsy, 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 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 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 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 requited 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 Orde;.• 3.3114 (June 22, 1963), the Contractor shall include the equal- employment opportunity clause specified in section 301 of Executive Order 10925, as smended. 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 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 ONO, and will arrange for on -site inspections by Agency or OEEO representatives at the request of either. CORPUS CHRISTI E AS • f % DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, 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, s MAYOR PIp.Terr! THE CITY OF CO US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE* JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" 13RADLEYI JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. `WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG 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 A