HomeMy WebLinkAbout11516 ORD - 06/13/1973R
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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 1973 SUMMER
YOUTH TRANSPORTATION PROGRAM, CONTRACT NO. 99 -3- 0006 -025,
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,
TEXAS:
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 1973 Summer Youth Transportation Program, being Contract
No. 99 -3- 0006 -025, 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 /3 tk day of June, 1973.
ATTEST:
C
City Secret y
APPROVED:
I DAY OF JUNE, 1973:
City Attorney
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11516
THE CITY OF CORPUS CHRISTI, TEXAS
CONTR 10. 99 -3- 0006 -025 $UBCONTRA TOR:
ISSUING AGENCY: City of Corpus Christi
National League of Cities -U.S. Conference of Corpus Christi, Texas
Mayors, Inc..
1620 Eye Street, N.W., Washington, D. C. 20006
CONTRACT FOR: IL14OUNT: $6,300.00
. 1973 Summer Youth Transportation Program
LOCAL MAILING ADDRESS:
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, 1973 through the
COMPLETION DATE OF September 15, 1973.
NAME OF SUBCONTRACTOR:
city of Corpus Christi, Texas National League of Cities -
U.S. Conference of Mayors, Inc.
BY (signature): BY (signature):
TYPED NAME & TITLE OF CHIEF EXECUTIVE OFFICIAL) Allen E. Pritchard, Jr.,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)
Co us Christi, Texas named as Subcontractor herein; that
Name of City)
R. Marvin Townsend was then the 'C v Manager of said
(Nm) (Chief Executive Official)
Subcontractor; that said Subcontractor, by authority of its governing body,
is within the scope of its powers.
(SEAL)
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 Standards Agreement or Standard Labor
Warranty
Clause No. 9 - Listing of Employment Openings
Clause No.10 - Utilization of Minority Business Enterprises
Clause No.11 - Minority Business Enterprises 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 1973 Summer Youth Transportation Program will sup-
plement other efforts to provide youth meeting established
DOL poverty criteria (as specified herein) with transpor-
tation 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 trans-
portation of youths to manpower, educational, cultural,
or recreational activities, or in support of the Rec-
reation Support Program. y
2. Transportation needs for youth residing in urban areas
shall receive first priority in the expenditure of pro-
gram 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 75 percent Federal and 25
percent non - Federal basis (i.e., the local matching
share must equal at least one -third of the Federal al-
location). The Federal share, if disbursed through
the subcontractor's treasury, shall be appropriately
identified, or the subcontractor may establish a sep-
erate bank account for this purpose. 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 trans-
portation costs; e.g., charter services, rental of
vans, tokens, gas and tolls, etc. Expenses for non -
transportation costs; e.g., administrative expenses,
bus monitors, etc., will be nonreimbursable as a
Federal share, but will be allowed as a local contri-
bution. 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
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should be purchased at the most advantageous rate there -
by-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 subcontract 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 re-
duce any preexisting contractor or subcontractor spon-
sored transportation program.
7. 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 em-
ployees. No subcontractor will receive funds unless
it executes the Labor Standards Agreement or Standard
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 employ-
ees 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 termina-
tion of funds.
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SPECIAL PROVISION CLAUSE NUMBER 2
1973 SUMMER YOUTH TRANSPORTATION PROGRAM
ESTIMATED COSTS AND BUDGET FOR CITY OF CORPUS CHRISTI
(name of subcontractor)
DURING PERIOD OF June 1, 1973 to September 15, 1973
0
FEDERAL SHARE
SUBCONTRACTOR
A. Amount and % of Federal Share
to be
A. Cash
utilized
in:
Cash contribution to direct
$ amount 8
youth transportation
$
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1.
Employment Related
B. Project Administration Costs
Transportation
1.890 30
Salaries and wages directly
2.
Cultural Activity Re-
attributable to the contract
$ 1,722.00
lated Transportation
.
—
Fringe benefits at provisional rate
3.
Recreational Activity
of 16 % of salaries and wages.
$
328.00
Related Transportation
C. Travel
Local--administrative travel directly
4.
In support of Recrea-
attributable to the contract (to be
tion Support Program
4.410 70
paid in accordance with contractor's
usual,rate).
$
5.
Educational Activity
In -kind contribution to direct
Related Transporta-
youth transportation (donated
tion
—
tokens, reduced rate fares, etc.
$
D. Project Facilities
Office and Project supplies, in-
cluding necessary expendable
TOTAL:
FEDERAL SHARE
$6.300 100%
items for office and Project
use, training and testing.
$
50.00
Office and Project equipment
_
and furniture.*
$
Rent, including all facilities
utilized in the performance of
the contract; utilities, main-
tenance and custodial services.
$
Communication, including postage,
telephone and telegraph charges.
$
E. Other Direct Costs
Reproduction costs, insurance
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and bonding.
$
'
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TOTAL LOCAL SHARE .....................$
2,100.00
0
SPECIAL PROVISION
CLAUSE NUMBER 3 - AUTHORIZED REPRESENTATIVE
1. The subcontractor's chief executive official shall ap-
point an authorized representative to monitor perfor-
mance under this subcontract and to be responsible to
the prime contractor for sign -off approval on funds
received through this program. Where the subcontrac-
tor is a city, the city's manpower planner should be
involved in coordinating the program where possible.
2. The authorized representative will represent the sub-
contractor in the program phases of the work but will
not be authorized to change any of the terms and con-
ditions of the subcontract. Such changes, if any,
shall be accomplished only by the prime contractor
through properly executed modifications to this sub-
contract.
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 brief description of types of activities to be
supported by summer transportation funds;
B. A statement of how much summer program money (other
than SYTP funds) has already been planned for allo-
cation to transportation of eligible youth, if any;
C. A statement of the perceived need for summer trans-
portation funds in terms of:
1) Number of youths eligible-for transportation
services;
2) Number of youths eligible for employment -
related transportation;
3) Number of youths to be served with funds
made available under this subcontract;
4) Amount of funds which could be effectively
used under this subcontract.
D. A delineation of personnel and staff responsibili-
ties for transportation operations connected with
this project.
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SPECIAL PROVISION
1. The general administration of this program and the authorized representative
for it will be an Administrative Assistant to the City Manager.
3. A. The activities to be supported by summer transportation funds will
include bus transportation to job sites for Emergency Employment
Act Summer participants. Also, the program will support other communi-
ty agency youth employment. This project will provide transporta-
tion to various special events and field trip activities planned
through a summer recreation program. All activities to be supported
through this program will meet needs of urban youth.
B. No local funds are available or allocated to support transportation
of eligible youth.
C. Youth eligible for transportation should rdyach 1,600. Of the eligible
youth approximately 400 will be utilizing employment related trans-
portation. Approximately 1,600 youth are anticipated to be served
through funds available under this subcontract.
D. The Administrative Assistant acting as the authorized representative
will supervise distribution of bus tokens and bus cards through the
Office of the Transit Superintendent. Other contact will be
through the administrator to the Recreation Division supervisor and
coordination between the Recreation Division and the Transit Division
operations on a daily basis. Planning and coordination of the
program will originate with the administrator through the Recreation
Division, Transit Division and with any other agencies participating.
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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 to City Manager
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
Agency Address
Corpus Christi, Texas 78408
Signature of Authorized Representative
Signature of Subcontractor's Chief
Executive Official
SPECIAL PROVISION
CLAUSE NUMBER 4 - PRECONTRACT COSTS
All costs incurred 3znder this subcontract which were
in anticipation of award shall be allowed to the same ex-
tent 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, 1973, whichever is later.
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SPECIAL PROVISION
CLAUSE NUMBER 5 - REPORTS.
1. The subcontractor shall prepare and furnish the
prime contractor with program and fiscal progress
reports on the work it has accomplished. These
program and fiscal progress reports shall be sub-
mitted 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 completion date of this subcontract,
with 3 copies of a final report based upon the
information secured in the conduct of this sub-
contract and the conclusions drawn therefrom.
The prime contractor will make available the
final report questionnaire form.
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 pro -
cedures, and an evaluation of overall results.
3. Upon receipt of an acceptable final report, the
prime contractor will disburse the final 20 per -
cent of the subcontractor's Federal allocation.
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z
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 lifetime 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'l, 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.
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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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F9
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 execu-
tion:
(1) A copy of a full 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 ap-
propriate 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 subcontracting 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 Stan-
dards Agreement or of the Standard Labor
Warranty shall be signed by the appropriate
city official 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 appro-
priate union representatives shall be forward-
ed to the prime contractor no later than ten
(10) working days after the date of the sub-
contract transmittal letter.
If for some reason of state or local law neither docu-
ment can be used, the subcontractor should contact the prime
contractor's staff by wire or telephone for advice on appro-
priate alternate arrangements (Summer Youth Transportation
Program, Office of Urban Services, NLC= USCM,•1620 Eye
Street, N.W., Washington, D. C. 20006, ATTN: Rita Bosek
or Bob Schule, (202) 293 - 7585).
It is most urgent that this be done immediately upon
recognition of this problem.
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STANDARD LABOR W /uMANTY
The National League of Cities has filed an application under the Urban
Mass Transportation Act of 1964, as amended ( "ACT "), for a mass transportation
demonstration 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. I
To iuipluaeuL i.hia iayuirement, the City of Corpus Christi
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 terns 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 anytime 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 the 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••
writing 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
facl.ual information as may be available to them relevant to the disposition
of the claim and small jointly take such steps as may bu necessary or desirable
to obtain from any t.ird psrty such additional factual infoiination 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
c =- :L_ y ___.__ adrec upon such procedure, to t1:e nepnrtm_nt of Labor
for final and binding determination.
(4) Nothing in this agreement shall be construed as depriving any
employee of any rights or benefits which such employee may have under
existing conditions of employment, s
(5) The phrase "as a result of the 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.
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(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
who is not fully trained for the wort: lie is performing, may be in accordance
tlith special training arrangements providing for special rites for the
training period, which shall not exceed thirty (30) days, and which shall
not be less than seventy (70i:) percent of the prevailing rate in such
classification.
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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.
f
(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.
I V
In LL_ ever_ cny cf t:]Z.. ty iz :ei.. w
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 foregoing terms and conditions shall be`irade part of the Contract
o£ assistance between the Federal Government and the applicant for Federal
funds.
(13) The City recognizes 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
SPECIAL PROVISION O
CLAUSE NUMBER 9 - LISTING OF EMPLOYMENT OPENINGS
(This clause is applicable pursuant to 41 CFR 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.
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(b) Listing of employment openings with the employment service system
pursuant to this clause 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
5, 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. ="r
(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.
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(e) This clause does not apply (1) to the listing of employment ope03
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-
O
SPECIAL PROVISION
CLAUSE NUMBER 11 - MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM
1. 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-
SpECiAL.EROVISION .
CLAUSE NUMBER 12 - CERT-IFICATION-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 clocks, locker rooms and other storage or 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-
C
1 July 1969
M
INCORPORATED BY REFERENCE
The General Provisions of this subcontract are *General Provisions
1 through 30 and Series B (B -31 through B -36) as enumerated below, and
are hereby incorporated in this subcontract by reference with the same
force and effect as if set forth in full.
GFNERAL PROVISIONS
1
•i
The General Provisions of this contract consist of the
following clauses attached hereto:
1. Definitions
2. Changes
a. 'Limitation of Cost
4. Allowable Cost, Fixed Fee, and Payment
b. Assignment of Claims
6. Audit and Records
7. Examination of Records
8. Subcontracts
9. Termination
9a. Termination for Default or for the
Convenience of the Government
9b. Termination for Convenience of the
Government (Special Situations)
10. Excusable Delays
11. Disputes
12. Buy American Act Supply and Service Contracts
13. Convict Labor
14. Equal Oppor4mity
16. Otlirials Not to Benefit
16. Covenant Against Contingent Fees
17. Notice and Assistance • Regarding Patent and
Copyright Infringement
18. Insurance (Liability to Third Persons)
19. Utilization of Small Business Concerns
20, £lfilization or Concerns in Labor Surplus Areas
21. Price Reduction for Defective Cost or Pricing
Data
22. Subcontractor Cost and Pricing Data
23. Advance Payments
24. Purchases and Government Property .
26. Disposition of Data and Copyrights
26, Questionnaire Approval
2..7. Disclosure of Confidential Information
28. Order of Precedence
29. 'Gratuities
30. Interest
ADDITIONAL GENERAL PROVISIONS
(Check appropriate box)
?SF,RIES A.
Additional Genmal Provisions for Cost - Reimbursement
the
Type Contracts With Training Components Ame under
and the
Economic Onportuuity Act of 1964,
Manpower Development and Training Act of 1962, As
Amended:
A-31. Child Labor
A42. Maintenance of Effort
A -33. Relocation of OJT Contractors and Subcontrac-
tors
A -34. Termination of Trainees or Enrollees
A45• Rr-virw and Reconsideration of Adverse Action
A-36. Trainee or Enrollee Wages
A -s7. Political Activity. -
A-38. Elderly Participants.
A-39. Davis -Bacon Act and Contract Work Hours
Standards Act
A -40. Employment or Payment of Certain Individuals
Precluded
A-41. Trainee /Enrollee Worksite
A-42. Eligibility of Trainees or Enrollees
A-43. Utilization of Facilities
A-41. Federal Share of Program Costs
A-45. Laws Applicable
A-46. Nondiscrimination
/ X/ SERIES B.
Additional General Provisions for Cost :lteimhursement
Type Contracts IVithaut 7'�ai"iv4 Components , der the
Economic Opportunity Act of 196.1. As Amended, and the
. Manpower Development and Training Act of 1962, As
Amended:
B -31. Political `Activity
B -32. Contract Work Hours Standards Act - Overtime
Compensation
B - -33. Elderly Participants
B -34. Employment or Payment of Ccrtnin Individuals
Precluded
B-35. Davis -Bacon Act
R -36. Laws Applicable
*NOTE: If subcontractor requires a full copy of these General
Provisions, contact NLC and USCM.
In reply refer to
MP
i
U.S. DEPARTMENT OF LABOR
Manpower Administration
Washington, D.,C. 20210
January 8, 1973
FIELD MEMORANDUM NO. 7-73.
TO: ALL REGIONAL MANPOWER ADMINISTRATORS
SUBJECT: Revised Poverty Level Income Criteria
REFERENCE: TESPL 2725 and MAO 1 -69
1. Purpose. To announce the revised poverty level income
criteria to be used in Manpower Administration programs as
appropriate.
2. Background. In August 1967, OEO issued uniform income
guidelines for all programs funded under the Economic
Opportunity Act. These guidelines were based on poverty
thresholds derived from a definition of poverty developed
for statistical purposes by the Social Security Administra-
tion in 1964. OEO revised its income guidelines from time
to time in order to reflect substantial increases in the
cost of living as measured by the Consumer Price Index.
The new income levels, which were published in Vol. 37,
No. 237 of the Federal Register and amend 45 CFR 1060,
are effective immediately and should be used by State
ES - agencies and project sponsors where poverty income
thresholds are an operating criterion for the program.
3. Revised Income Criteria.
OEO Poverty Guidelines for All States Except Alaska
and Ha,,,,aii
Family Size Nonfarm Family Farm Family
1 $2,100 $1,800
2 2,725 2,325
g 3,450 2,950
4 4,200 3,575
5 4,925 4,200
6 5,550 4,725
7 6,200 5,275
• t
-2-
For families with more than seven members, add $650 for
each additional member in a nonfarm family and $550 for
each additional member in a farm family.
OEO Poverty Guidelines for Alaska
Family Size Nonfarm Family Farm Family
1 $2,625 $2,250
2 3,425 2,925
3 4,325 3,700
4 5,250 4,475
5 6,175 5,275
6 6,950 7, 5,925
7 -7,750 6,600
For families with more than seven members, add $800 for
each additional member in a nonfarm family and-$700 for
each additional member in a farm family.
OEO Poverty Guidelines for Hawaii
Family Size Nonfarm Family Farm Family
1 $2,425 $2,075
2 3,150 2,700
3 4,000 3,400
4 4,850 4,125
5 5,675 4,850
6 6,400 5,475
7 7,150 6,100
For families with more than seven members, add $750 for
each additional member in a nonfarm family and $650 for
each additional member in a farm family.
4. Action Required. Each RMA will insure that State
Agencies and appropriate project sponsors, contractors,
subcontractors, and program agents, including those using
the "Definition of the Term Disadvantaged,Individual"
(TESPL 2725), have been notified of these poverty level
income criteria,
Expiration Date. Co t uing.
HAROLD O. BUZZELL
Deputy Manpower Administrator f
RESCISSIONS: FM 20 -72
' i
Corpus Christi, Texas
3z� day of 19 -1a
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 introduced, or at the present meeting of the
City Council.
Respectfully,
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby Qzy�
James T. Acuff (�
Rev. Harold T. Branch
Thomas V. Gonzales R
Ricardo Gonzalez
Gabe Lozano, Sr. L4 t
J. Howard Stark CLcr�
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff,
Rev. Harold T. Branch
Thomas V. Gonzales Q ��
U
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
r� -