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HomeMy WebLinkAbout08930 ORD - 07/10/1968VMP:V10/68 4N 'ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, FOR THE PARK AND RECREATION AND HEALTH AND WELFARE COMPONENTS OF THE 196$ SUMMER YOUTH PROGRAM, A COPY OF SAID CONTRACTS BEING ATTACHED HERETO AND MADE A PART 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 EXISTING 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 11 -A OF THE ECONOMIC OPPORTUNITY ACT OF 1964 FROM THE OFFICE OF ECONOMIC OPPORTUNITY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES; AND WHEREAS, CERTAIN COMPONENTS OF THE PROGRAM TO BE PROVIDED BY THIS GRANT CAN BE EXECUTED BY THE CITY- COUNTY HEALTH AND WELFARE DEPARTMENT AND PARK AND RECREATION DEPARTMENT, 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/6 COMPONENT 0748 HEALTH AND WELFARE CG -0129 616 COMPONENT 0748 PARK AND RECREATION ALL ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE CARRYING OUT OF SAID CONTRACTS AND THE ADMINISTRATION OF FUNDS THEREUNDER IS HEREBY RATIFIED AND CONFIRMED. 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 JULY, 1968. ATTEST: CITY SECRE AROR •ems 1THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: /0 DAY OF JULY, 1968: CITY ATT-} ORNE - w 1 ' % 0V ICFI OF ,.c0 ,IC)M i c OPP RTUN. Ex Wa- zhington, D. C. 205006 PART I (of 2 parts) AGiZ'Eb�i:1 TIUS hMITKIE dT, is entered into as of this _20th day of June 1968 1.9.,_,__, by and betmeen Connunity Conmittee on Youth Education end Job Opportunity, of the City /CGL'lity of Corpus Christi, Nueces County, State of Texa,, hereinafter referred to as the "Agency ", and Parks & Recreation Department , of the City /County of Cows Christi, .Nu`ces County, State of Texas, hereinafter referred to as the "Con- %ractor ". WITH„ SSETH THAT: {;HGREAS, the Agency on the _Ulh__day of raceived a GrenS aLnder Title II -A of the Economic Opportunity Act of 1954 from the Office of Economic Opportunity, Executive Office of the President of the United States (hereinafter referred to as the MG); WM 'S, pucsuznt to said Grant the Agency is in dert•at_ing ce *_-amain activities; end 4+MBAS, tha Agency desires to engage the Contractor to render certain assiste.nce in such undertakings; LOU, TiXidF,VOnE, the Agency anci the Contractor do mutually agree es follcas: 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 OED and attached and made a part of this Contract as Exhibit 1. 2. The Contractor shall spend no more than $ 27 lg5 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 19,936 2. Consultants and Contract Services 320 3. Travel 150 4. Space Costs and Recitals 5,379 5. Consumable Supplies 1,400 6. Rental, Lease or Purchase of Equipment -0- 7. Other Costs -0- TOTAL COST OF COMPONENT 27,185 NON - FEDERAL SHARE 73615 FEDERAL SHARE 19,570 3. The Contractor will contribute $ 7,615 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 $ 7 , 615 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 $ 19.570 for full and complete satisfactory performance. GENERAL PROVISION3 5. The Contractor shall commence performance of this Contract on the-17th- date —Tilne 1,968 , and shall complete performance no later than the 30th lori2 - ^U.ate 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 protect funds, both Federal and non- Federal shares. These records will be made available for audit purposes to the Agency, the OED 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. 7. The Contractor shall name (_ Wm. Avery ) who will certify to the name truth and accuracy of any request to Agency from Contractor for funds and ;•rill 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 betvreen Fiscal Agent and Agency. 8. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Contractor. But in no event greater than an amount equal to the total Contract under considera- tion divided by the total number of months covered by the contract. The cash advance, if requested, shall be made solely from funds received by Fiscal IGent from 00 through Agency subject to reduction at any time if, in the judgment of Agency's Operations`Subcommittee, the cosh advance is not necessary for contractor to carry out its obligations. The cash advance, if any, will be liquidated against the final request for reimbursement at the end of the grant period. Tn 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 AjIg,st 31, 1968 date 9. This agreement is subject to and incorporates the attached Part 11, "'Perms and Conditions Governing Contracts between Community Action Progren Agency and Contractor for Conduct and Administration of Community Action Program Component ". 10. The Contractor agrees to accept such additional cons °_`ions i.Yosed by the Director of CEO on this grant and any additional conditions go- rerning the use of OEO funds or performance of OEO programs as msy be required b -y last, by Execu:;ive Order by regulation_ or by other policy announced by the Director of OEM, Tho Contractor agrees to assist the Agency in complying with all of the "Conditions Governing Grants under Sections 2O4 and 205 of the Economic Opportunity Act of 1964". 11. IN WITNESS WHEREOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREII,1ENT AS SIGNED AND WITNESSED BELOW: ATTEST: COMMUNITY COb24ITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES 704 3 s SECRETARY PRESIDENT W. DAWSON BOONE, JR. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY MARVIN TOWNSEND CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1968: CITY ATTORNEY Or.n`ICE Or ECOTT04i1C OPPORTUNITY Washington, D. C. 20505 PART II (of 2 parts) TERMIS MID COMITIOYS GOVERNINIG CONTRACTS BEVEEN COMMITTITY ACTIO`_? PROGRAP•I AGENCY AND CONTRACT01.1 VOR CONIDUCT AND ADMINISTRATION OF COIR U:TITY ACTION PIROGRAAI CODIPONTENT In addition to any conditions specified in Part T, this Contract is subject to all of the conditions listed below. Waiver of any of these conditions rust 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. J.. Yom, %ru.;iation of Contract. If, through any cause, the Contractor shall fail to fulfill in timely and proper. manner his obligations under this Contra.nt, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, or if the grant from OM under which this Contract is made is terminated by OEO, the Agency shall thereupon have the right to terminate this Contract by Civ r,g w ittea notice to the Contractor of such termination and specif3 n5; the e ^:active date tbrn eof. In such event, all property and finished or unfinished documents, data, studies, and reports pliveha.sed or prepared by the Con- tractor und.cr .;his Contract shall, at the option of the Agency, become its property and the Contractor shall be entitled to compensation for any unreimbursed expenses necessarily incurred in satisfactory - 2 - performance of the Contract, Notwithstanding the above, the Contractor shall rot be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the Contract by the Contractor, and the Agency may vithhold any reimbursement to the Contractor for the purpose of set -off until such time as the enact 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 ti:e Contractor, must be incorporated in written amend;nents 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. TY the Con- tractor is a private agency, expenses charged for travel not those which ziould be allowed under t' e rules of the United States Covernm:.it governing official travel by its employees. 4. Expenses M sal.lowed. No contract funds shall be expended fort. (a) nny 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 Publicity. The Contractor may putlish re .alts of its function and pa,2 icipation in the approved commun.iGy action program without prior raview by the Agency, provided that such I,ublicaticns rcknow- ledge that the program is supported by funds granted by OEO pursuant to the provisions of the Econcmic Opportunity Act of 1964, and that five comas of each such publication are furnished to OEO, plus such copies to the t1 ency as the Agency may reasonably require. 7. copyrights. If the Contract results in a book or other copyrightable materic.l, the euthor is free to copyright the work, but the Office of Economic r._ 1. Opportunity reser•ies 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. o. Patents. Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly end fully reported to the Agency and to the Director of OED 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 tirages at rates not less than those prevailing on similar construction in the locality as determined by t;,e Secretary of Zabor in accordance with the Davis -Bacon Act, as amended (1,0 U.S.C. 276a- 2�6a -5;. 10. Convcnant Against Contingent Fees. 'i'he Coat-actor warrants thac no person or selUng agency or other organization has been employed or ;,etainad to solicit o secure this Contract upon an aoree.rent or understanding for a commission, percentage, bro:ccrage, cr contingent fee. For broach- or violation of this '..arrant, the Agency shall have the right to annul this Contract without liability oi•, in its discretion, to deduct from the ccmronsation, oi• other -wise recov.,, the full amount of such commission, percentage, brokerage, or contingent fee. 11. Discrimination in ESuplo;,ment 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 follmring: 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 Fights Act of 1964, and will furnish the Director of OEO with such assurer,nes as may be required by those regulations to be included in applications for grant funds. ?n the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6, 1961) or Executivc Order u)3_4 (June 22, 1963), the Contractor shall include the equal- enpployment opportunity clause specified in section 301 of Executive Order 10925, as amended. 13. Political Activity Prohibited. None of the funds, materials, property or services contributed by the Agency or the Contractor under this Contract shall be used in the performance of this Contract for any partisan political activity; or to further the election or defeat of any candidate for public office. 14. Religious Activity Prohibited. There shall be no religious worship, instruction or proselytization as part of or•in connection witii 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 030, and *.rill arrange for on -site inspections by Agency or 030 representatives at the request of either. OFFICE Or ECONOMIC OPFORDN-'.'. Y Washington, D. C. 20505 PART I (of 2 parts) AGRTEMEP3T TRIS AGREE1,012, is entered into as of this 20th �isy of June 1,968 19 -, by and between Coraiuni.ty Committee on Youth E'du'cation and Job of the CirylCoimty of Corpus Christi, NuecMs Cor-n.y_; Stale of Texas, hereinafter referred to as the "Agency ", and Department of Health & Welfare of the City/Comity of Corpus Christi., Nueces Count;_, State of , hereinafter referred to as the "Contractor ". WI`i_9LSSE'T11 TMT9: S• ME REPS, the Agency on the _ 12th day of Lalt� received a Grant under Title II -A of the Econo -mic Opportunity Act; of 1;5i.1 f:•cm the Office of Economic Opportunity, Executive Office of the,Rresident of the United States (hereinafter referred to as the OEO); I- MDU1S, pursuant to said grant the Agency is undertaking certain activities; and 17 -MRM3, the A3ency desires to engage the Contractor to render certain asAstance in such undertekings; NW, TF21170It3, tho Agency and the Contractor do iaut'aally ogrce fol -IMM: 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 Agencyfs application to OEO and attached and made a part of this Contract as Exhibit 1. 2. The Contractor shall spend no more than $ 50,204 in the perfor- mance of this Contract. No jmre 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 42,130 2. Consultants and Contract Services 5,218 3. Travel 270 4- Space Costs and Rentals -0- 5. Consumable Supplies 1,986 6. Rental, Lease or Purchase of Equipment 600 7. Other Costs -0- TOTAL COST OF COMPONENT 50,204 NON- FEDERAL SHARE 9,199 FEDERAL SHARE 41,005 3. The Contractor will contribute $ 91199 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 $ 9,199 k. 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 $ 41 005 for full and complete satisfactory performance. GENERAL PROVIS101M 5. The Contractor shall commence performance of this Contract on the 17th ~date June 1968 , and shall complete performance no later than tha 30th date 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 0E0 to assure a proper accountin.g for all proiect funds, both Federal a�nd 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 Di.recto.^ of OEO. 7. The Contractor shall name ( Wm. Avery ) who will certify to the name truth and accuracy of any request to Agency from Contractor for funds and will submit such request for funds in accordance with procedures and on form's provided by the City of Corpus Christi (Hereinafter called Fiscal Agent) according to the Contract existing between Fiscal. Agent and Agency. 8. Payments shall be made on a reimbursement basis for the prior month's expenditures unless Contractor requires an initial cash advance. If Contractor requires a cash advance, it shall be requested in the same manner as a reimburse- ment in the amount desired by Contractor. M But in no event greater than an amount equal to the total Contract under considera- tion divided by the total nibaber 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'Subcounittee, the cash advance is not necessary for contractor to carry out its obligations. The cash advance, if any, will be liquidated against the final request for reimbursement at the end of the grant period. In no 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 p'Pr -st- ig6$ date 9. This agreement is subject to and incorporates the attached Part II, "Terms and Conditions Governing Contracts between Community Action Program Agency and Contractor for Conduct and Administration of Coinnunity Action. Program Component ". 10. The Contractor agrees to accept such additional cons. -tions iir osed by the Director of OEC on this grant and any additional conditions governing the use of CEO funds or uerfort-.ance of 0 ^c0 programs as may be required by la:,T, by E7ecutive Order by reg;ilati.on or by other policy announced by the Director of OEO. The Contractor agrees to assist the Agency in co:rplying with all of the "Conditions Governing Grants under Sections 204 and 205 of the Economic Opportunity Act of 1964 ". IL IN WITNESS VJHER.EOF, THE AGENCY AND THE CONTRACTOR HAVE EXECUTED THIS AGREE OT AS SIGNED AND WITNESSED BEMI: ATTEST: COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITY'S SECRETARY PRESIDENT / W. DAWSON B ONE, JR. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 1968: CITY ATTORNEY CITY OF CORPUS CHRISTI BY MARVIN TOLdNSEND CITY MANAGER ,OFFICE OF ECONON_ ?C OPPORUMITY Washin ton, D. C. 20506 PART 11 (of 2 parts) TERMS AND CONDITIONS GOG]NiNING CON�'RACTS BEEM -1- ' ", C01-MINITY ACTION PROGRAM AGENCY ARD C011TRACTOR FOR COMUCI• e1ID ADIMUSTRATION OF CON MKURY ACTION i'ROGMAM C014POINMENT In addition to any conditions specified in Part 1, this Contract is subject to all of the conditions listed belmi. 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 OW under which this Contract is made is terminated by OZO, the Agency shall thereupon have the right to terminate this Contract by g:v:ir,g written notice to the Contractor of such termination and specifying the of active date thereof. In such evert, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Con- tractor under this Contract shall, at the option of the Agency, nerome 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 un_ ' such time as the exact amount of damages due the Agency from the Contractor is agreed upon or otherwise determined. 2. Chang,2s. The Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, must be incorporated in written amendments to this Contract. 3. Travel. Expenses. If the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in the government of which the agency is a part. if the Con- tractor is a private agency, expenses charged for travel not ix:eed those which would be allowed under the rules of the United States Governar.:at governing official travel by its employees. 4. Expenses Disal.loared. 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 ihblicity. The Contractor may pu'lish results of its function and participation in the approved commu,d action program without prior review by the Agency, provided that such rublicatiors .e.clnow- 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 co-piez; of each such ,.)ublication awe furnished to OFO, plus such copies to the Agency as the Agency may reasonably require. 7. Copyrishts. If the Contract results in a book or other copyrightabl.e 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. 3. 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 in cation 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 axe 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 (40 U.S.C. 276a- 276a -5). 10. Convenant Against Contingent Fees. The Contactor warrants th.,c no person or selling agency or other organization has been employed or retained to solicit or secure this Contract upon an ae-eenent or understanding i'or a commission, percentage, bro'.:era &e, or contingent fee. For breach or violation of this 'varrant, the Agency shall have the right to annul this Contract without liability or, in its discretion, to deduct from the compensation, or otherwise rccov_,, the full amount of such commission, percentage, brokerage, or contingent fee 11. Discrimination in Employment Prohibited. The Conti-actor 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, includin., 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 parformanee 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 CEO pursuant to the Civil Fights Act of 1964', and will furnish the Director of CEO with such assura.nnes as may be required by those regulations to be included ip. applications for grant funds. In the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6, 1961) or Executive Order 3.1114 (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 p -. '.orraance 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 prosely%ization as part of or in connection wit, performance of thin 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 :cake financial, program progress, and other reports as requested by the Agency or the Director of OEO, and will arrange for on -site inspections by Agency or Oro representatives at the request of either. CORPUS CHRISTI, TEXAS jj// loa � DAY OF \ 1_ �l , 1 9-a 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 COUNCILS 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, 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. ate) GABE LOZANO, SR. V KEN MCDANIEL 1 W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON ! /w,/ ol RONNIE SIZEMORE 1 V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS