HomeMy WebLinkAbout10926 ORD - 06/21/1972JRR:vmp
6/21/72 :1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUB-
CONTRACT WITH THE NATIONAL LEAGUE OF CITIES -U.S.
CONFERENCE OF MAYORS, INC. FOR THE 1972 SUMMER
YOUTH TRANSPORTATION PROGRAM, CONTRACT NO.11 -2- 0529 -000,
A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT the City Manager be and he is hereby authorized
and directed to execute, for and on behalf of the City of Corpus Christi,
a subcontract with the National League of Cities -U.S. Conference of Mayors,
Inc., for the 1972 Summer Youth Transportation Program, being Contract
No. 11 -2- 0529 -000, a copy of which is attached hereto, marked Exhibit "A ",
and made a part hereof.
SECTION 2. The necessity to authorize the execution of the above
described contract at the earliest practicable time so as to commence this
program creates an 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 the suspension of the Charter rule, 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 day of June, 1972.
ATTEST: `
"',7 `
C' y Secr tar
APPROVED:
7-1$ DAY OF JUNE, 1972:
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City Atto hey
416' -!
10926
MAYOR p10.Tem
THE CITY OF CORPUS CHRISTI, TEXAS
.�N..ONTRACT NO.
11 -2- 0529 -000 •
IS. 3 AGENCY:
National League of Cities -U.S. Conference of
Mayors, Inc.
1612 K Street, N.W.,Washington,D.C. 20006
SUBCONTRACTOR:
City of Corpus Christ.
Corpus Christi, Texas
CONTRACT FOR: AMOUNT: _
1972 Summer Youth Transportation Program $6,300 —
CITY OF CORPUS CHRISTI
P. 0. Box 9277
Corpus Christi, Texas 78408
The National League of Cities -U.S. Conference of Mayors,Inc.(hereinafter re-
ferred to as NLC -USCM) represented by the Contracting Officer executing this sub-
contract and the individual agency named above (hereinafter referred to as the
subcontractor), mutually agree to perform this subcontract in strict accordance
with the Special and General Provisions identified herein. The Subcontractor
shall accomplish the effort required under the subcontract entered into and
pursuant to the prime contract within the period of June 1, 1972 through the
COMPLETION DATE OF September 15, 1972.
NAME OF SUBCONTRACTOR:
National League of Cities -
CITY OF CORPUS CHRISTI U.S. Conference of Mayors,Inc.
BY (signature) BY (signature)
(TYPED NAME AND TITLE) John Gunther, President
R. Marvin Townsend, City Manager
Date Signed: Date Signed:
SUBCONTRACTOR CERTIFICATION
I, T. Ray Kring certify that I am the City Secretary of
(City Legal Representative) (Title)
,Corpus Christi, Texas named as Subcontractor herein; that
(Name of City)
R. Marvin Townsend was then the City Manager of said
(Name) (Chief Executive Official)
Subcontractor; that said Subcontractor] by authority of its governing body,
is within the scope of its powers.
(SEAL)
(Sheet 1 of 17 sheets)
signature of Legal Representative
This subcontract consists of a Cover Signature Sheet, this page,
Special Provisions, and the applicable attached General Provisions.
TABLE OF CONTENTS
A. SPECIAL PROVISIONS
The Special Provisions of this subcontract are set forth below:
Clause No. 1 - Subcontractor's Statement of Work & Program
Guidelines
Clause No. 2 - Estimated Costs & Budget
Clause No. 3 - Authorized Representative
Clause No. 4 - Precontract Costs
Clause No. 5 - Reports
Clause No. 6 - Insurance
Clause No. 7 - Disclaimer of Liability
,Clause-No. �8 - Labor - S- tandards -,Agreement -or Standard Labor
Warrantv
Clause No. 9 - Listing of Employment Openings
Clause No.10 - Utilization of 'Minority Business Enterprises
Clause No.11 - Minority BusinesSEnterprises Subcontracting
Program
Clause No.12 - Certification of Nonsegregated Facilities
B. GENERAL PROVISIONS
Clauses 1 through 30 and Series B of the attached General
Provisions apply to this subcontract. Series A is deleted.
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SPECIAL PROVISION
CLAUSE NUMBER 1 - SUBCONTRACTOR'S STATEMENT OF WORK & PROGRAM GUIDELINES
The 1972 Summer Youth Transportation Program will supplement other
efforts to provide youth meeting established DOL poverty criteria (as
specified herein) with transportation services as per the following
priorities:
1. The first priority for direct use of these funds shall be for
transportation costs to and from employment and employment - related
activity. If, after satisfying these requirements (as determined
by the local sponsor), any funds remain unused, they may be utilized
for transportation of youths to manpower, educational, cultural,
or recreational activities, or in support of the Recreation Support
Program.
2. Transportation needs for youth in urban areas shall receive first
priority in the expenditure of program funds. After these needs are
met, remaining funds may be used to provide transportation for
youths from outside the urban area.
3. Program funding =will -be -on a 7.5- percent •Federal -and 25 percent non -
Federal basis. The Federal share, if disbursed through the sub-
contractor's treasury, shall be appropriately identified, or the
subcontractor may establish a separate bank account for this pur-
pose. The local (i.e., non - Federal) share may be in cash or in-
kind. The local share may be provided by the subcontractor, private
agencies or any non - Federal source.
4. Federal funds may be expended only for direct transportation costs,
e.g., charter services, tokens, etc. Expenses for nontransportation
costs, e.g., administrative expenses, bus monitors, etc. will
be nonreimbursable as a Federal share, but will be allowed as a
local contribution. All expenses must be substantiated by vouchers.
5. All services purchased under this program must be from public or
private organizations which are properly licensed and adequately
insured to provide carriage of the Public, and are operated in
compliance with all applicable local, state, and /or Federal statutes
covering public transportation. These services should be pur-
chased at the most advantageous rate thereby maximizing the
transportation provided per dollar of project costs. Purchases
cannot be made for ad hoc arrangements, e.g., car pool space, taxis
etc. However, the services of smaller vehicles may be utilized so
long as adequate insurance levels and standards of labor are met.
In no event, shall funds made available under this subcontract be
used to make payments to the owner and /or operator of a privately
owned vehicle for providing transportation services nor shall sub-
contract funds be used for the leasing or rental of a vehicle to be
used to provide transportation under this subcontract.
6. This transportation program shall not be utilized to reduce any pre-
existing contractor or subcontractor sponsored transportation program.
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The Program shall in no way undermine the patronage of the mass
transit industry nor pose any threat to the employment security or
bargaining rights of their employees. No subcontractor will receive
funds unless it executes the Labor Standards Agreement or Stand-
ard Labor Warranty. Any alternate agreements concluded with the
affected public transportation employees must be reviewed and
approved by the Prime Contractor and the Secretary of Labor. (See
Special Provision Clause No. 8, "Labor Standards Agreement or
Standard Labor Warranty" for additional information.) In achieving
an alternate agreement, the subcontractor and the affected local
public transportation employees involved should refer to paragraph
(8) of the Labor Standards Agreement. violations of an accepted
Labor Standards Agreement or an alternate agreement will constitute
justification for immediate termination of funds.
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SPECIAL PROVISION CLAUSE NUMBER 2
1972 SUMMER YOUTH TRANSPORTATION PROGRAM
ESTIMATED COSTS AND BUDGET FOR Ql OF CORPUS CHRISTI
(me na of subcontractor)
DURING PERIOD OF June 1, 1972 to September 15,1972
FEDERAL SHARE
•A. Amount and % of Federal Share to be
utilized in:
$ amount %
1. Employment Related
Transportation $ 2200 35
2. Cultural Activity Re-
lated Transportation $ -0- _
3. Recreational Activity
Related Transportation $ _0_ _
4. In Support of Recreation
Support Program $ 4100 65
TOTAL: FEDERAL SHARE $ 6300 10O%
SUBCONTRACTOR SHARE
-5- —
A.
Cash
Cash contribution to direct
-0 -'
$
youth transportation
B.
Project Administration Costs_
Salaries and wages directly
$ 1512.00
attributable to the contract
Fringe benefits at provisional rate
of 15 % of salaries and wages.
C.
Travel
Local travel directly attributable
to the contract (to be paid in accord-
ance with contractor's usual rate).
$
D.
Project Facilities
Office and Project supplies, in-
cluding necessary expendable items
for office and Project use, training
$ 25.00
and testing.
Office and Project equipment and
$
furniture.
Rent, including all facilities utilized
in the performance of the contract:
utilities, maintenance and custodial
$
services.
Communication, including postage, tele-
phone and telegraph charges.
$
E.
Other Direct Costs
Reproduction costsr insurance and bonding$
$1575.00
TOTAL LOCAL SHARE ........................
SPECIAL PROVISION '
CLAUSE NUMBER 3 - AUTHORIZED REPRESENTATIVE
1. The subcontractor's chief executive official shall appoint
an authorized representative to monitor performance under
this subcontract and to be responsible to the prime
contractor for sign -off approval on funds received through
this program. Where the subcontractor is a city, the city's
manpower planner should be involved in coordinating the pro-
gram where possible.
2. The authorized representative will represent the sub -con-
tractor in the program phases of the work but will not be
authorized to change any of the terms and conditions of the
sub-contract. Such changes, if any, shall be accomplished
only by the prime contractor through properly executed mod-
ifications to this subcontract.
3. The authorized representative will provide the prime contractor
with the following information at the time this subcontract is
forwarded to the prime contractor for execution:
A. ..A.delineation_of „,personnel and staff responsibilities
for transportation operations connected with this
project;
B. A statement of how much summer program money.(other than
SYTP funds) has already been planned for allocation to
transportation of eligible youth, if any;
C. A statement of the perceived need for summer trans-
portation funds in terms of:
1) Numbers of eligible youth to be served;
2) Amount of employment-related transportation services
needed;
3) Amount of cultural and recreational related
transportation services needed;
4) Percentage of funds to be expended in each program
activity.
D.. A brief description of types of activities to be supported
by summer transportation funds.
(See Attached)
CH:
AP,
f
A. The general administration of this project will be provided through
the office of the City Manager by an Administrative Assistant who
shall be the authorized representative of the City Manager. The
project will be developed and coordinated with the City Transit
System through the Park and Recreation Department. This Department
will provide daily contact between participants of the project as
well as planning and coordination of project support of Recreation
Support Program.
B. No other funds have been allocated to support transportation of
eligible youth to summer work opportunities.
C. This project is designed to serve approximately 1,550 youth. The
job related transportation to be provided will support transporting
about 345 young people to their job site. Cultural and recreational
related transportation services will be provided to expand the Re-
creation Support Program to include activities serving an additional
1200 youth. Thirty -five percent of the funds are allocated to em-
ployment related transportation and sixty -five percent is allotted
to support of the Recreation Support Program.
D. The activities to be supported by summer transportation funds will
include providing bus transportation to job sites for Neighborhood
Youth Corps participants, both in- school and out -of- school projects.
These funds will be utilized to support the Hire -A -Teen project
offered by the local Community Action Agency. This project will
provide transportation to various special events and field trip
activities planned through the Recreation Support Program. All
activities supported through this project will meet needs of urban
youth.
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NAME, TITLE, ADDRESS, PHONE NUMBER AND SIGNATURE OF AUTHORIZED
REPRESENTATIVE, AND DESIGNATION OF AGENCY AUTHORIZED TO RECEIVE
AND DISBURSE FUNDS
NAME R. Lowell Gaut
TITLE Administrative Assistant
ADDRESS P. 0. Box 9277
Corpus Christi Texas 78408
PHONE Area Code (512 ) 884 -3011 Ext. 275
PRIME CONTRACTOR SHOULD MAKE FEDERAL SHARE CHECKS TO THE ORDER OF:
City of Corpus Christi, Texas
Agency Authorized to Receive & Disburse Funds
P. 0. Box 9277, Corpus Christi, Texas 78408
Agency Address
Signature of Authorized Representative
R. Lowell Gaut, Authorized Representative
Signature of Subcontractor's Chief
Executive Official
R. Marvin Townsend, City Manager
u'4
SPECIAL PROVISION
CLAUSE NUMBER 4 - PRECONTRACT COSTS
All costs incurred under this subcontract which were in anticipation
of award.shall be allowed to the same extent that they would have been
allowable if incurred after the execution of this subcontract by the
prime contractor
The effective date of the precontract costs shall be the date of
the Labor Standards Agreement, the Standard Labor Warranty date, or
June 1, 1972, whichever is later
-8-
SPECIAL PROVISION
CLAUSE NUMBER 5 - REPORTS
1. The subcontractor shall prepare and furnish the prime con-
tractor with program and fiscal progress reports on the
work it has accomplished. These program and fiscal progress
reports shall be submitted monthly within 10 working days
after the end of a Project month on forms provided by the
prime contractor at the time of execution of the subcontract.
2. The subcontractor shall also prepare and furnish to the
prime contractor, not later than 10 days following the com-
pletion date of this subcontract, with 3 copies of a final
report based upon the information secured in the conduct of
this subcontract and the conclusions drawn therefrom.
Included in this report should be a list of the specific
transportation services procured, a breakdown of costs,
the number of passengers carried, other key details of
operational procedures, and an evaluation of overall results.
3. Upon receipt of an acceptable final report, the prime con-
tractor will disburse the final 20 percent of the subcon-
tractor's Federal allocation.
-9-
SPECIAL PROVISION
CLAUSE NUMBER 6 - INSURANCE
In accordance with the provisions of General Provision Number
18 entitled "Insurance (Liability to Third Person)" the following
kinds and amounts of insurance must be procured and maintained in
force during the 1- ifetime of this subcontract.
The types and minimum limits reflected below for vehicle in-
surance shall apply to.any vehicle operated or used in connection with
performance of official business under this contract, other than
those used-to transport youth, insurance for which vehicles are
provided for in Special Provision Clause Number 1, paragraph 5. In
the event a privately -owned vehicle is used, the subcontractor's share
of insurance premiums, including any additional coverage required
to conform with the above limits, shall be prorated in accordance
with the vehicle's actual use while conducting business under the
terms of this subcontract.
A. Workmen's Compensation - In the amounts required by State
Law or the United States Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C. 901).
B. Occupational Diseases Insurance - As required by applicable
law. In any area where all occupational diseases are not
compensable under applicable law, insurance for occupational
diseases shall be secured under the employer liability section
of your insurance policy. Minimum per incident, $100,000.
C. Employer Liability - This insurance is to cover any liability
imposed upon an employer, by law, for damages on account
of personal injuries, including death resulting therefrom,
sustained by his employees by reason of accident.
D. General Liability Insurance (Bodily Injury) - This insurance
protects the insured against claims arising from bodily in-
jury or death to third parties occurring on its business
premises or through its operations, except those arising from
motor vehicles away from the premises, those covered by any
Workmen's Compensation Law, and other exclusions stated in the
policy. The required coverage for bodily injury shall be
$50,000 per person and $100,000 per accident.
E. Automobile Liability - The required coverage is $100,000 per
person and $300,000 per accident for bodily injury and $5,000
per accident for property damage. Automobile comprehensive
and collision - $100 deductible.
-10-
WZc r-
SPECIAL PROVISION
CLAUSE NUMBER 7 - DISCLAIMER OF LIABILITY
The Federal Government and the National League of Cities, the
United states Conference of Mayors, and League of Cities - Conference
of Mayors, Inc., shall accept no liability related to any accident
claims that may result from the transportation services purchased
under this subcontract. It is the responsibility of the subcon-
tractor to see that all transportation services are arranged for and
provided with full regard to the safety of those being transported
and that adequate insurance coverage is maintained by all carriers
utilized.
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SPECIAL PROVISION
CLAUSE NUMBER 8 - LABOR STANDARDS AGREEMENT OR STANDARD LABOR WARRANTY
The appropriate document shall be attached to the subcontract
forwarded to the prime contractor for execution:
(1) A copy of a fully executed Labor Standards
Agreement (see attachment #1) between the
subcontractor and appropriate union repre-
sentatives. In subcontracting cities where
the 'transportation workers are organized, the
Labor Standards Agreement shall be signed by
the appropriate city official and the appro-
priate union official (or by the employer and
union, where appropriate);
(2) A fully executed Standard Labor Warranty (see
attachment #2). This document would apply in
.:subcontrac,ting..cities :where the transportation
workers are not organized;
(3) In the event that neither of the cited fully
executed documents can be obtained within
the period specified for the submission of
the subcontract to the prime contractor for
execution, one (1) copy of the Labor Standards
Agreement or of the Standard Labor Warranty
shall be signed by the appropriate city offic-
ial of the subcontracting city and forwarded
with this subcontract. In such an instance,
a second copy of the Labor Standards Agreement
or of the Standard Labor Warranty bearing the
signatures of the appropriate union representa-
tives shall be forwarded to the prime contractor
no later than ten (10) working days after the
date of the subcontract transmittal letter.
If for some reason of state or local law neither document can
be used, the subcontractor should contact the prime contractor's
staff by wire or telephone for advice on appropriate alternate
arrangements (Summer Youth Transportation Program, Office of Urban
Services, NLC -USCM, 1612 K Street, N. W., Washington, D. C. 20006,
ATTN: Rita Bosek, 202/293- 7585).
It is most urgent that this be done immediately upon recognition
of this_uroblem.
-12-
STANDARD LABOR WAIIRANTY
. The National League of Cities has filed an application under the Urban
Mass Transportation Act of 1964, as amended ( "ACT "), for a mass transportation
de..aonstration grant to finance special transportation services to certain youth
and other groups and.individuals in various urban areas throughout the United
States, as more fully described in the project application ( "Project ").
Section 13(c) of the Act requires as a condition of any assistance thereunder
that fair and equitable arrangements be made, as determined by the Secretary of
Labor, and specified in the contract of assistance to protect the interests of
employees. J
To impluaeuL ',hin requirement, Lhe Uvty of orpus Christi a
condition of its participation in the project agrees to meet the requirements of
Section 13(c) of the Act and in so doing agrees to accept obligations for per-
formance of the following terms and conditions which shall be binding and enforce-
able against the city.
The city agrees to assure the protection of all such employees affected by
Federal assistance to the project by agreeing upon the following arrangements
which shall apply if Federal assistance is granted:
(1) The special transportation services and any other operations
constituting this Project, whether by bus or other means of conveyance,
shall be carried out in such a manner and upon such terms and conditions
as will not in any way adversely affect employees covered by this
agreement.
(2) No employee covered by this agreement shall be laid off or
otherwise deprived of his employment, or placed in a worse position with
respect to compensation, hours, working conditions, fringe benefits, or
rights and privileges pertaining thereto, at any time during his employment,
as a result of the Project. An employee shall not be regarded as deprived
of employment or otherwise placed in a worse position, as above provided,
jn case of his resignation, death, retirement, dismissal for cause, or
failure to work due to•disability or discipline, or failure to obtain a
position available to him in the exercise of his seniority rights.
The city will be financially responsible for the application of these
conditions, and will make the necessary arrangements so that any employee
affected as a result of this project may file a claim with the city no later
than six months from the date of discontinuance of special transportation
services and any other operations under this project. The city will either
honor the claim by making appropriate payments or give notice to Lhe claimant
of its basis for failing to honor such claim, giving reasons therefore. In the
event the City fails to honor such claim, the employee may invoke the following
procedures for further joint investigation of the claim by giving notice in.
writin£ of his desire to pursue such procedures. Within ten (10) days from
the receipt by the City of such notice, the parties shall exchange such
factual informiation as may be available to Lhcm relevant to the disposition
of the claim and small jointly tai:e such steps as may b,_ necessary or desirable
to obtain from any t:,ird party such additional factual InformaL•ion as may be
relevant. As soon as practicable thereafter, the parties shall meet and
attempt to agree upon the proper disposition of the claim. If no such
agreement is reached, and the city decides to reject the claim, it shall
give written notice of its •final rejection of the.claim detailing its
reasons therefor. In the event the claim is so rejected by the city, the
claim may be processed as hereinafter provided by paragraph 3.
(3) Any dispute or controversy arising between the city and any
employee regarding the application, interpretation, or enfgrcement of
any of the provisions of this warranty which cannot be settled by the
parties within thirty (30) days after the dispute or controversy first
arises, may be referred by either the city or the employee to any
final and binding disputes procedure acceptable to the parties or in the
thzy „_....,,_ = ;rcc upor. such procedure, to the nepartmrint of Labor
for final and binding determination.
(4) Nothing in this agreement shall be ccnstrued as depriving any
employee of any rights or benefits which such employee may have under
existing conditions of employment.
'(5) "The phrase ' "as a result of 'thc Project,`" within the meaning
of this warranty, shall include any changes or events occuring in
anticipation of, during, and subsequent- to the Project.
(6) All special transportation services and any other operational
services to the project shall be provided by the employees of existing
public transportation systems unless such systems have indicated in
writing to the parties hereto that they cannot or do not desire to
provide such services. In no event shall transportation or other
operational services to the Project be provided in such a manner as to
compete with the services provided by the existing public transportation
systems.
(7) All buses or other conveyances of the public transportation
systems involved in providing special transportation services to the
Project shall be operated by employees of such systems.
(8) Appropriate labor standards shall be maintained for all employees
engaged in performing transportation or other operational services to the
Project, including the payment of wages, and any applicable cost -of- Living
additives for such time as they actually spend on such work at rates not
less than those prevailing for persons employed in performing similar
work in each of the urban areas served by the Project. Such rates of pay
shall be calculated and such labor standards shall be maintained in the
same manner as such rates and standards are administered for other service
employees under the McNamara- O'Hara Service Contract Act of 1965, and any
rules and regulations issued thereunder; provided, however, that the rates
to be paid to any employee engaged in performing, services to•the Project
taho is not fully trained for tho york he is-performing, may be in accordance
with special traininb arrangements providing for special rates for the,
training period, which shall not exceed thir.ty (33) days, and which-shall
not be less than seventy (70°,.) percent of the prevailinG rate in such
classification. t
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-(9) The special transportation services and other operational services
provided by the Project shall be available only to the youth or other
groups and individuals as specified in the Project application, and shall
not be available to the public generally.
I
(10) Any successor person, enterprise, body, or agency whether
publicly or privately owned, which shall undertake to provide such special
transportation services shall agree to be bound by and accept the respon-
sibility for full performances of these terms and conditions.
(11) In the event ..n y pr _ ior. of this warranty is hel,. ..-
V
invalid or otherwise unenforceable under Federal, State or local law, the
City shall request the Secretary of Labor to determine substitute fair and
equitable employee protective arrangements which shall be incorporated in
this warranty.
(12) 'In the event this Project is approved for assistance under the
Act, the fore .-oing terms ana conditions shall be made part of the Contract
of assistance between the Federal Government and the applicant for Federal
funds.
(13) The City reco3nizes and agrees that Federal financial assistance
to this Project will be extended in reliance on these conditions, and agrees
to assume responsibility for performance of these conditions.
(14) In the event any part, provision, sentence or phrase of this
warranty shall be determined to be unlawful or unenforceable under Federal,
State, or local law, such determination shall not affect the validity of
the enforceability of the remainder of this warranty. .
. City Official
R. Marvin - Townsend,'City Manager
Date
v
SPECIAL PROVISION
CLAUSE NUMBER 9 - LISTING OF EMPLOYMENT OPENINGS
(This clause is applicable pursuant to 41 CPR 50 -250 if this contract
is for $10,000 or more and will generate 400 or more man -days of em-
ployment.)
(a) The Contractor agrees that all employment openings of the Contractor
which exist at the time of the execution of this contract and those
which occur during the performance of this contract, including those
not generated by this contract and including those occurring at an es-
tablishment of the Contractor other than the one wherein the contract
is being performed but excluding those of independently operated cor-
porate affiliates, shall, to the maximum extent feasible, be offered
for listing at an appropriate local office of the State employment
service system wherein the opening occurs and to provide such periodic
reports to such local office regarding employment openings and hires
as may be required.
(b) Listing of employment openings with the employment service system
pursuant _to �th:is cl -ause -shall -be made at .least concurrently with the
use of any other recruitment source or effort and shall involve only
the normal obligations which attach to the placing of a bona fide job
order but does not require the hiring of any job applicant referred
by the employment service system.
(c) The periodic reports required by paragraph (a) of this clause,
shall be filed at least quarterly with the appropriate local office
or, where the Contractor has more than one establishment in a State,
with the central office of that State employment service. Such re-
ports shall indicate for each establishment the number of individuals
who were hired during the reporting period and the number of hires
who were veterans who served in the Armed Forces on or after August
15, 1964, and who received other than a dishonorable discharge. The
Contractor shall maintain copies of the reports submitted until the
expiration of 1 year after final payment under the contract, during
which time they shall be made available, upon request, for examination
by any authorized representatives of the Contracting Officer or of the
Secretary of Labor.
(d) Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, he shall advise the employment service system
in each State wherein he has establishments of the name and location of
each such establishment in the State. As long as the Contractor is
contractually bound to these provisions and has so advised the State
employment service system, there is no need to advise the State system
of subsequent contracts. The Contractor may advise the State systems
when it is no longer bound by this contract clause.
-13-
(e) This clause does not apply (1) to the listing of employment openings
which occur outside of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and (2) to
contracts with State and local governments.
(f) This clause does not apply to openings which the Contractor proposes
to fill from within his own organization or to fill pursuant to a custom-
ary and traditional employer -union hiring arrangement. This exclusion
does not apply to a particular opening once an employer decides to con-
sider applicants outside of his own organization or employer -union ar-
rangement for that opening.
(g) As used in this clause:
(1) "All employment openings" includes, but is not limited to,
openings which occur in the following job categories: Production and
nonproduction; plant and office; laborers and mechanics; supervisory
and nonsupervisory;•technical; and executive, administrative, and pro-
fessional openings which are compensated on a salary basis of less
than $18,000 per year. This term includes full -time employment of
more than 3 days' duration, and part -time employment.
(2) "Appropriate office of the State employment service system"
means the local office of the Federal -State national system of public
employment offices with assigned responsibility for serving the area
of the establishment where the employment opening is to be filled, in-
cluding the District of Columbia, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands.
(3) "Openings which the Contractor proposes to fill from within
his own organization or to fill pursuant to a customary and traditional
employer -union hiring arrangement," means employment openings for which
no consideration will be given to persons outside the Contractor's
organization (including any affiliates, subsidiaries, and parent com-
panies) or outside of a special hiring arrangement which is part of the
customary and traditional employment relationship which exists between
the Contractor and representatives of his employees and includes any
openings which the Contractor proposes to fill from regularly established
"recall" or "rehire" lists or from union hiring halls.
(4) "Man -day of employment" means any day during which an employee
performs more than 1 hour of work.
(h) The Contractor agrees to place this clause (excluding this paragraph
(h)) in any subcontract directly under this contract.
-14-
SPECIAL PROVISION '
CLAUSE NUMBER 10 - UTILIZATION OF MINORITY BUSINESS ENTERPRISES
1. It is the policy of the Government that minority business
enterprises shall have the maximum practicable opportunity
to participate in the performance of Government contracts.
2. The Contractor agrees to use his best efforts to carry out
the policy in the award of his subcontracts to the fullest
extent consistent with the efficient performance of this
contract. As used in this contract, the term "minority
business enterprise" means a business, at least 50 percent
of which is owned by minority group members or, in case of
publicly owned businesses, at least 51 percent of the stock
of which is owned by minority group members. For the pur-
poses of this definition, minority group members are Negroes,
Spanish - speaking American persons, American - Orientals, Ameri-
can Indians, American- Eskimos, and American•Aleuts. Contractors
may rely on written representation by subcontractors regard-
ing their status as minority business enterprises in lieu of
an independent investigation.
-15-
SPECIAL PROVISION
CLAUSE NUMBER 11 - MINORITY BUSINESS ENTERPRISES SUBCONTRACTING, PROGRAM
Sl
�. The Contractor agrees' to establish and conduct a program which will
enable minority business enterprises (as defined in the clause en-
titled "Utilization of Minority Business Enterprises ") to be
considered fairly as subcontractors and suppliers under this con-
tract. In this connection, the Contractor shall:
a) Designate a liaison officer who will administer the Contractor's
minority business enterprises program.
b) Provide adequate and timely consideration of the potentialities
of known minority business enterprises in all "make -or -buy"
decisions.
c) Assure that known minority business enterprises will have an
equitable opportunity to compete for subcontracts, particularly
by arranging solicitations, time for the preparation of bids,
quantities, specifications, and delivery schedules so as to
facilitate the participation of minority business enterprises.
d) Maintain records showing (i) procedures which have been adopted
to comply with the policies set forth in this clause, including
the establishment of a source list of minority business enter-
prises, (ii) awards to minority business enterprises on the source
list, and (iii) specific efforts to identify and award contracts
to minority business enterprises.
e) Include the Utilization of Minority Business Enterprises clause
in subcontracts which offer substantial minority business
enterprises subcontracting opportunities.
f) Cooperate with the Contracting Officer in any studies and surveys
of the Contractor's minority business enterprises procedures
and practices that the Contracting Officer may from time to
time conduct.
g) Submit periodic reports of subcontracting to known minority
business enterprises with respect to the records referred to in
subparagraph (d), above, in such form and manner and at such
time (not more often than quarterly) as the Contracting Officer
may prescribe.
2. The Contractor further agrees to insert, in any subcontract hereunder
which may exceed $500,000, provisions which shall conform substantially
to the language of this clause, including this paragraph 2, and to
notify the Contracting Officer of the names of such subcontractors.
-16-
qPRCT,AL PROVISION' -
CLAUSE NUMBER 12 - CERTIFICATION OF NONSEGREGATED FACILILITIES
The following clause is applicable unless this contract is exempt under
the rules and regulations of the Secretary of Labor pursuant to Executive
Order 11246, Equal Employment Opportunity. Exemptions include contracts
and subcontracts 1) not exceeding $10,000, 2) not exceeding $100,000 for
standard commercial supplies on raw materials, and 3) under which work
is performed outside the United States and no recruitment of workers
within the United States is involved.
The Contractor certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establishments, and
that he does not permit his employees to perform their services at any
location under his control where segregated facilities are maintained.
He certifies further that he will not maintain or provide for his em-
ployees any segregated facilities at any of his establishments, and that
he will not permit his employees to perform their services at any
location under his control where segregated facilities are maintained.
The Contractor agrees.that a breach of this certification is a violation
of the Equal Opportunity clause of this contract. As used in this
certification, the term "segregated facilities" means any waiting rooms,
work areas, rest rooms and wash rooms, restaurants and other eating
,areas, -time -clacks, locker -rooms and -other storage Aor dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis
of race, creed, color, or national origin, because of habit, local custom
or otherwise.
He further agrees that (exempt where he has obtained identical cert-
ifications from proposed subcontractors for specific time periods)
he will obtain identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity clause; that he
will forward the following notice to such proposed subcontractors
(exempt where the proposed subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF
NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities,
as required by the May 9, 1967 order on Elimination of Segregated
Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, May 19, 1967)
must be submitted prior to the award of a subcontract exceeding $10,000
which is not exempt from the provisions'of the Equal Opportunity clause.
The certification may be submitted either for each subcontract or for
all subcontracts during a period (i.e., quarterly, semiannually, or
annually).
(Note: the penalty for making false statements in offers is prescribed
in L* U.S.C. 1001).
-17-
CORPUS CHRISTIp TEXAS
DAY OF 7 19 7
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) I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCEDi OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYOR 0 T6 Il
THE CITY OF CORPUS CHRISTI. TEXAS
c
THE CHARTER RULE WAS SUSPENDED BY THE FOLL�OW/JING� VOTE:
RONN I E S I ZEMORE (.CXr'•P -ems' `�`
CHARLES A. BONNIWELL
_ ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE ? X
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK