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HomeMy WebLinkAbout12644 ORD - 06/11/1975jkh:6- 10 -75; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT FOR $18,100 FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO CONTINUE SUPPORT OF THE HUMAN RELATIONS OFFICE IN THE HANDLING OF EQUAL EMPLOYMENT DISCRIMINATION CHARGES WITHIN THE CITY, ALL AS MORE FULLY SET FORTH IN THE GRANT CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 to execute a Grant Contract for $18,100 from the Equal Employment Opportunity Commission to continue support of the Human Relations Office in the handling of equal employment discrimination charges within the City, all as more fully set forth in the Grant Contract, in substantially the form attached hereto and made a part hereof, marked Exhibit 'A ". SECTION 2. The necessity to authorize execution of the aforesaid grant contract in order that the project may continue without delay creates a public emergency and an imperative public necessity requiring the suspen- sion of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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 exist, and having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the JITH day of June, 1975. ATTEST: ty Secretary MAYOR JrM CITY OF CORPUS CHRISTI, TEXAS APPRO D• . DAY OF JUNE, 1975: Acting s -•N _ +. :'iVICES ACMtnIiTT.ciIOY RACT "� ( AWA'ID/CJNI STANCA iO rO tM n_6, JULY 1965 _ PAGE •i 1. CO^ U Ina. ldtnr.7 n0. 1. EFFECT IV2 DATE ' 3. REOUISIT:ON /PURCHASE REOUESWROJECT NO. 4. CERTIFIED FOR NATIONAL DEFENSE UNDER i.^. [ r FE-2 30/77 REG. 3 AND /OR DMS REG. 1. RATING, 3 ISSUED by CODE 6. ADMINISTERED BY CODE 7. DELIVERY ' Equal Employment O q Opportunity (If or6er than 61.k 5) DALLAS REGIONAL OFFICE FOB DEST 13NATION' Commission 1100 Commerce Street OTHERS 2=01 E. Street, N. W. Dallas, Texas 75202 gs`iaP) B. CONTRACTOR CODE FACILITY CODE 9. DISCOUNT FOR PROMPT PAYMENT NAME AND ADDRESS ' t City of Corpus Christi Human Relations N/A rye Swt. Commission � --d zrP rPde) P. 0. Box 9277 i • Corpus C�'LTlStl, Texas 7e408 iD IL- pr f,d) io ADDRESS ropief NIBLOOCFbrr i 6 above It. SHIT TO /MARK FOR CODF. 11. PAYMENT WILL BE MADE BY CODEEI Equal Employment Opportunity Commission Office of Financial Management 2401 E. Street, N. W. k.. Washin ton D. 20 6 1 ® ID USC. 230. (eR ] 2 U.S.C. 2000e- b 09 P1Ij °RCCUREMENT WAS E] ADVERTISED, ®NEGOUATEO, PURSUANT TO. 7 ® 41 U.SC. 252 (e]( ](10)(15 )Title VI .R. A. 196 <, ac�i :NC ulli APPVOTRIAnoN DATA • 5/160/25.20/5 �i 15. ITEr. NO- 16 SUPPLIES /SERVICES 17. pUANTITY UNIT _CE 19 UNR PRICE 2D. AMOUNT i COST CON'T'RACT FOR SERVICES The Contractor, an Agency of the State/City of Co us Christi empowered to enforce local law banning discrim, at on In emp oyment upon race, sex, religion, or national o igin, aa e s to assist the Equal Employment Opportunity Commission in the Enforcement of Title VII of the Civil Rights Act of 1964, as amended, as hereinafter i (described in the Scope of Work. II The contract term shall be from the effective date shotm_ in Ilock (_ above until December 31, 1975. - (NTE) TOTAL AMOUNT OF CONTRACT $ 18,100 C.O.N_TRACTING OFFICER WILL COATPLET'£ BLOCK 22 OR 26 AS APPLICABLE 2 CONTPACTOR'S NEGOTIATED AGREEMENT (Cdnteactor is rtynirtd to sad 26. I] AWARD (Contractor is not required to sign this daearnrnF.) Your offer it darn " and r .---ALL cp;,, - h­,,, jTrn) C-1­1--­ on SeliGrohen Numb., . Indudlny llRe o lu.n.ah and deh_ all _I.— all the a e.l I.- o .1h.—h. addmen. or dena.. mad. by odddi er ch. a.. a .I fodh in Iul1 taco n"eG aho.e and on ^ny <onl.nuono^ sheet lo, the coeud..ohon elated herein. lne ri h•t u +J obhpahont of the porlet to Ih�s contren ,hall be tubinn to and g­ oboe., �. hereby accepted — re lh. 4.mc 1;" d be '.—d en any emt en sh.att. Thit o ord < to e a ih. ao^irece ..hlch con t of 1hs [olleeinD decvm.ntt: (a] rand I rei !.Y the lorm9 documeres Io] In .ard /t^nlrvct, (b) the sohrirolron, it any. the Government imtohcitorlan and ,oar oR.,. (b) Wlt a.,ard /eoePr . Fan e ^d 'c uch provitiont, repro entaUont, «rtrFi<chant, o^d 1pecilicalionf, o further conlradual docvmnnl It nRCrstory. crtoched•or Ir<orporoted br refrence h.rem. (A4nrhwenfF art LTtrrl 6tren.) _ —� 2J lrAME OF CCNTRACIOR By 27. UNITED 'STATES OF AMEPICA BY �ii6 ^arure of pe,-Rn vv :horand e° u9 ^] _ (51DnolYrTefe! Conhpthna OPCerI 24. ITAA•! AND TITLE OF SIGNER. ( % r),r dr pant) � 25. DATE SIGNED 28. NAME OF CONTRACTING OFFICER (Type or print) DATE SIGN 129. BERNARD YIM TITLE VI ASSURANCES The Contractor assures and certifies with respect to the federal funds received under this contract that: 1. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national • origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to dis- crimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 2. It w-ill comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of the contract is to provide employment or (2) discrimina- tory employment practices will result in unequal -- treatment of persons who are or should be benefiting from the contract activity. 3. It will require similar assurances from all subcontractors at any tier. F „Gl'1;i riOE 4.:- ''. - L}VV I. Terms and Conditions Incorporation of Forms and Other Applicable Clauses A. The provisions of Standard Form 32 (1969 ed.) General Provisions are hereby incorporated by reference and made a part of this contract. B. The following provisions of 'GSA Form 1424 (July 1973 ed.) are hereby incorporated by reference and made a part of this contract: 10. •Examiniation of Records 10a. Examination of Records by Comptroller General 22. Utilization of Labor Surplus Area Concerns 26. Interpretation of Contract Requirements 40. Renegotiation 47. Notice to the Government of Labor Disputes 57. Utilization of Minority Business Enterprises 58. Listing of Employment Openings 59. Pricing of Adjustments 60. Payment of Interest on Contractor's Claims C. Upon request the administering office will supply copies of Standard Form 32 and GSA Form 1424. D. Advance Payments The following clause shall govern advance payments to the contractor: (a) Amount of Advance. At the request of.the Contractor, and subject to the conditions hereinafter set forth, the Government shall make an advance payment, or advance payments from time to time, to the Contractor. No advance payment shall be made (I)_- without, the approval of the office administering advance payments (hereinafter called the "Adminis- tering Office" and designated in paragraph (e)(2) hereof) as.to the financial necessity therefore; (2) in any amount which together with all advance payment theretofore made, shall exceed the amount stated in paragraph (e)(1) hereof; and (3) without a properly approved invoice or invoices. (b) Return of Funds. The Contractor may at any time repay all or any part of the funds advanced hereunder. Whenever so requested in writing by the Administering Office, the Contractor shall, - 1 - within 60 days, repay to the Government such part of the unliquidated balance of advance payments as shall, in the opinion of the Administering Office, be in excess of current needs. The Contractor shall be deemed in compliance with the time requirement of' the next preceding sentence if the chief administering officer of the Contractor shall have initiated in writing, within said time period, a request for repayment of such funds to the Government, shall have deposited such request in the hands of the state or political subdivision Comptroller, Treasurer,* or other state or political subdivision official responsible for disbursing state or political sub- division funds, and shall have presented a copy of such request to the Administering Officer. At any time during the first forty -five (45) days following the request of the Administering Office to return fiends advanced, the Contractor, if it determines that the request is unreasonable, may appeal the matter to the Executive Director of the Commission, whose decision shall be final. (c) If this contract is terminated in whole or in part and the Contractor is authorized to sell inventory acquired for or allocated to this contract, such sale shall be made only if approved by the Contracting Officer, which approval shall constitute a release of the Government's lien hereunder to the extent that such termination inventory is sold or retained, and to the extent that the proceeds of the sale, or the credit allowed for such retention on the Contractor's termination claim is applied in reduction of advance payments then outstanding here- under. (d) Information- Access to Records. The Contractor shall furnish to the Administering Office signed - statements of expenditures. (See Attachment #1 for drafts of said required report). The Contractor shall also provide financial reports at such other intervals as may be required upon reasonable notice given. The Contractor shall, at all reasonable times, afford to authorized representatives of the Government proper facilities for inspection of the Contractor's books, records, and accounts. - 2 - (e) Designations and Determinations. (1) Amount. The amount of advance payments at any time outstanding hereunder shall not exceed $ 8,145 (2) Administering Office. The office administering advance payments is designated as Regional Director, Regional Office, the address which is stated in Block 6 of Standard Form 26. (f) Other Security. The terms of this contract shall be considered adequate security for advance payments hereunder. (g) Representation and Warranties. To induce the making of advance payments, the Contractor represents and Niarrants that: (1) The Contractor has the power to enter into this contract and accept advance payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this contract. (2) None of the assets of the Contractor is subject to any lien or encumberance of any character except as shown in the financial statements furnished by the Contractor to the Administering Office. There has been no assignment of claims under this contract affected by these advance payment provisions, or if there has been any assignment, such assignments have been termi- nated. (2) All information furnished by the Contractor to the Administering Office in connection with such request for advance payments is true and correct to the best knowledge of the chief administering officer of the Contractor. (4) These representations and warranties shall be - continuing and shall be deemed to have been repeated by the submission of each invoice for advance pay- ments. (h) Covenants.. During the period of time that advance payments may be made hereunder and so long as such advance payments remain unliquidated, the Contractor shall not without the prior written consent of the Administering Office: - 3 - (1) Sell, convey, lease, mortgage, pledge, or other- wise encumber, or suffer to be encumbered, any of the physical property of the Contractor which has been procured with advance payments under this contract and which are allocated to the performance of this contract and with respect to which the Government has a lien hereunder. (2) Make any advance or loan to or incur any liability as guarantor, surety, or accommodation endorser for any firm, person, or corporation. (3) Permit a writ or attachment or any similar pro- cess to be issued against its property without pro--- curing release thereof or bonding the same within thirty days after the entry of the writ of attach- ment or any similar process. (4) Pay any funds received hereunder for salaries, commissions,-bonuses, or other renumeration in any form or manner to its directors, officers, or key employees in excess of existing rates of payment or rates provided in existing agreements in connection with which notice has been given to the Administering Office unless such excess is due (1) to an approved cost of living increase or other addition to salary or prerequisites of office approved for all state employees by the State Civil Service Commission or comparable state personnel agency, or for all civil servants of a political subdivision by the body in a political subdivision analogous to the state Civil Service Commission or (2) to increases negotiated by a labor union which is a recognized bargaining unit for the civil service employees of the state -or of a political subdivision thereof and-the labor union represents, for the bargaining unit.seeking or gaining increased wages or benefits, civil servants from state or political subdivision agencies other than of the Contractor as well as those of the Contractor; Provided, however, that this subparagraph shall not be construed as increasing the maximum amount of funds available for this contract and agreed upon as stated in Block 21, Standard Form 26. E. The Service Contract Act clause, FPR 1- 12.904.1, is hereby incorporated by reference and made a part of this contract. F. Incorporated by reference, Termination for Convenience of Government FPR 1- 8.704.1. - 4 - G. The provisions of this clause shall be applicable only if the amount of this contract exceeds.$100,000 (ONE HUNDRED THOUSAND DOL_.ARS). The following provisions of GSA Form 1424 are applicable: Clause numbered: 55 (which includes references to the following clauses: Price Reduction for Defective Cost of Pricing Data, FPR 1- 3.814 -1; Audit 1- 3.814 -2; Sub- contractor Cost or Pricing Data, 1- 3.814 -3,.- H. .Default. The following clause shall govern defaults by the Contractor. (a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following cir- cumstances: (1) If the Contractor fails to make delivery of the supplies or to perform the services within the specified time herein or any extension thereof; or (2) If-the Contractor fails to-'Perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this con- tract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting officer specifying such failure. (b) In the event the Government terminates this contract in whole'-or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Government for any excess costs for such similar supplies or services: provided, that the Contractor shall continue the performance of this contract to the extent not terminated under the pro- visions of this clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the - 5 - .�..,.�_. _., -.. -. r= `aa�;s:<:_ - ... —r— - -__ - rc: F�3' s7.,-" r.- e_;, !.LiDtv.`s'• +isL":�{`:�'t. -±a:f fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control-of both the Contractor and subcontractor, and without-the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure-to perform, unless the supplies or services to be fur- nished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor' to meet the required delivery schedule. (d) If this contract is terminated as provided in para- graph (a) of this clause, the Government, in addition to any other rights provided by this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (1) any completed supplies, and (2) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract ri hts- (hereinafter called "manufacturing materials" as the Contractor has specifically produced or specificall acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, pro- tect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepte< by the Government shall be at the contract price. Payment for manufacturing materials delivered to and. accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; fail- ure to agree to such amount shall be a dispute con- cerning a question of fact within the meaning of the clause of this contract entitled "Disputes." The Government may withhold from amounts otherwise due the Contractor for such completed supplies or manu- *facturing materials such sum as the Contracting Officer determines to be necessary to protect the - 6 - _ .ur - 7 - _z- r�eyry%�.._ _.>�•nT2 -i .. .+. =i3S,� _ _- .YiF -:.a ____ _- �. -L-.. c. =__- -r z.x s.� - -... � _- �.�.:�....�._.e: ::Y.:.'w..�S- `._ti�"ri Government against loss because of outstanding liens or claims of former lien holders. (e) If, after notice of termination of this - contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination fat convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause pro- viding for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of. fact within the meaning of the clause, of this con- tract entitled "Disputes." (f) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or. under this contract. (g) As used in paragraph (c) of this clause, the terms "subcontractor" and "subcontractors" mean subcontractor(s) ut•any tier. I. For purposes of sections F and H, the Director, Office of State and Community Affairs shall advise the Contracting Officer, whether Termination by Default should occur. II. Special Provisions A. Scope of Work See Schedule "A ". B. Period of Performance This contract shall begin on , 197 and - shall end of December 31 19 75 - 7 - _z- r�eyry%�.._ _.>�•nT2 -i .. .+. =i3S,� _ _- .YiF -:.a ____ _- �. -L-.. c. =__- -r z.x s.� - -... � _- �.�.:�....�._.e: ::Y.:.'w..�S- `._ti�"ri i C. Consideration and Terms of Payments 1. In consideration for the Contractor's agreement to complete the project as set forth in the Scope of Work, the Government wll pay to the Contractor a sum not to exceet ($ 18,100 ) DOLLARS; such sum constituting payment in full for the service required in paragraph II -A; such Payment is to be made according to the following terms and conditions: (a) Eased upon the Contractor's written request and the resultant findings and determinations, the Contractor will be entitled to (1) advance payment, amount to ($ 8,145 ). DOLLARS. This advance payment will be payable on the effective date of the contract. Subject to satisfactory work progress as evaluated by the Government, one (1) subsequent payment of ($ 8,15 ) will be made based upon DOLLARS p properly executed vouchers (SF -1034) and submission to the Administering Office of a statement of all contract disbursements for each Payment period. The one (1) subsequent payment will be payable on October 1, 1975." The final payment of ($ 1,810 ) DOLLARS will be payable on December 311, 1975 and shall be contingent upon a properly executed voucher (SF -1034) and submission of a final statement of dis- bursements for the entire contract period, to the Administering office and the Office of State and Community Affairs. (b) Allowable costs under this contract shall be determined by the Director, Office of State and Community Affairs or designee. D. Supervision and Liaison The Equal Employment Opportunity Commission through its Director, Office of State and Community Affairs has delegated to the Regional Director, Dallas Regional Office, will be responsible on behalf of the Government for revie:•7ing the Contractor's compliance with the contract and evaluating the Contractor's performance according to the Scope of Wor)c of the contract. The Administering Officer is the Regional Director or designee. —$b- ser;"_ E. Reports The Contractor shall prepare and deliver reports to the Commission as follows: I. Monthly progress reports on work done to be received j at the Administering Office (Block 6, Standard Form 26) on or before the eighth day of each month for the I duration of the contract, with copies to be furnished I simultaneously to the Director, Office of State and Community Affairs, Equal Employment Opportunity Commission, Washington, D. C. I i 2. A final report regarding all contract activities which shall be due on 'Decemlier 31, 1975 3. Any special reports requested by the Administering ! Officer or the Director, Office of State and Community Affairs, upon reasonable notice, for the purpose of securing particular information relative'to the progress of the project. All progress reports and final reports shall be submitted to the Administering Office on such forms as the Director, Office of State and Community Affairs prescribes. i F. Contact for Contract :Administration The Contractor designates the following person to be contacted during the period of the contract for prompt administration: NAME: Ms. Patricia King TITLE: Acting Administrator j ADDRESS: City of Corpus Christi Human Relations Commission P. o. Box 9277 f Corpus Christi, Texas 78408 TELEPHONE:. 512 - 884 -3011 I G. Acknowledgement of Sponsorship I 1. The Contractor agrees that in the communication or release of all information concerning work performed or work to bey performed under this contract, such communi- cation_ or release, whether in writing or otherwise, shall be jointly approved by the Administering Officer and the Contractor, and shall include a statement to the effect that the project or effort depicted was or is co- sponsored by the Equal Employment Opportunity Commission. I - 9 - 2. For the purpose of this clause "communication or release of all information" includes, but is not limited to news releases, articles, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, radio announce- ments, and oral or written statements about the project of any nature or kind. 3. The Contractor shall submit, as they become available,. copies of such written or printed data which will substantiate compliance with this section, e.g., newspaper articles, bulletins, special releases. 4. The Contractor further agrees to include paragraphs 1, 2 and 3.-of this section in any subcontract awarded - in conjunction with this contract. H. Rights in Data The Government and the Contractor shall exercise joint ownership over all case files, whether of individual or systemic charges, created and developed in the performance of this contract. The Government shall have access to such case files at all reasonable times while they are in the possession of the contractor. The Contractor shall have - access to such case files at all reasonable times while they are in the possession of the Equal Employment Opportunity Commission. No case files, reports, studies, findings, or other information collected or created in the performance of this contract 'shall be released by the Contractor except as authorized in accordance with paragraph II -J (Confidentiality), infra. I.. Indemnification The Contractor agrees to indemnify and save harmless the Government, its officers, agents, employees and assigns, for all claims of any nature, including costs and expenses arising out of the services performed by it, its employees, or agents, for the use or violation of -any copyrighted material, literary property, or patented items in the performance of this contract, or for their use by the Government or any department, officer, agent or employee thereof. It'is understood that the above is applicable to all copyrighted material, whether the Contractor's or otherwise. - 10 - .:�w -.:yam. ...� .:,�-�. _ .._n_r ._ _, ....... ...........w � :.- _..��x?�� �� „�x�cn�?� <= r,'•�s::�.�'�`. J. Confidentialit The Contractor shall not make public in any manner any Commission furnished case files, EEO report forms by individual respondents, or the names of parties and facts of any case which it is investigating, conciliating, or j otherwise acting upon for the Commission without first obtaining the written consent of the Administering Officer, { unless the contractor shall be instituting a proceeding i under the state or local anti - discrimination law. j K. Option to Renew The Commission reserves the right, subject to renegotiation, and upon mutual consent of the parties, to renew this contract by means of a written supplemental agreement.in order to continue the availability of the contractor to assist in the enforcement of Title VII of the Civil Rights Act of 1964, as amended. This option to renew is exercisable for no more than three.years from the completion date of - this original contract. It is understood by the contractor that such option to renew may only be exercised by the Commission if appropriated funds are available in each fiscal year of general performance for work described in the Scope of Work provisions of this contract. L. Purchase and Rental of Equipment NoUtem of Contractor- acquired property shall be leased when the rental cost for one year shall exceed the purchase price of the item. No item of Contractor- acquired property may be purchased when the purchase price exceeds the rental costs for one year without prior written consent of the Administering Officer. Items of Contractor- acquired property which have been purchased shall remain the property of the Government. At the expiration of this contract or upon the termination of this contract by the Government for any reason, the Contractor shall retain possession and control of Contractor - acquired property - purchased with funds received under this contract until such time as the Contracting Officer shall, in writing, notify the Contractor of the disposition of such surplus property. SCHEDULE F A 1- The Agency, as C the Contrzctor, convenants and agrees below, consideration during the to this stated in Section 2, C� 4o r"` °f contract be deferred to charges which to resolve District Directoreshall beb have been or will y fhe Commission- The char to the Agenc responsible for transmitting agrees that g The Agency further covenants cause findin s charge The s g , successful /unsuccessfull include no_ cludinsful settlements and administrativeoclosuresoinr 9 lack of jursidiction and failures to proceed. 2. All charges which iste.r' under Section are received by the A Processed Schedule A Agency for adMin- as follows: above, shall be (a 0 (c) ME (e) A1?. charges will be evaluated and made in accordance with the theories determination crimination in employment as Title VII °f non -dis- of -the Civil developed under amended. Rights Act of 1964, as All charges will be processed by the A All consistent with standards prescribed in the Commission's Agency in a and amendments. Compliance Manual (1973 edition), Investigation and conciliation of individual charges under this section shall a manner designed to effectuat be conducted in charging party and shall c relief for the peditI ly as possible, carried out as ex- ChargnatedProcessed pursuant to this section will be desi monthly Agency to the Commiss o Status report from the final Agency ion s District Office. to the D action will be immediatO Any District Office of the reported All Comm, mmission. charges will be processed by the Agency in accordance to, and consistent with the reste law of the agency, as indicated b pective 706 Deferral status, applicable Y their - 12 - n::� .. -.-�._ �Piftl+' Y,- a... «....e -a_s t .. �. � ..... ...........:.:.4p. ✓- .�...ti.. `�.Sw.:,t <�� _ �': • h I V 3. The Agency further convenants and agrees to resolve a j minimum of charges involving systemic patterns an practices of discrimination. The systemic charge resolutions shall include investigation and rea- sonable cause determinations that discrimination has occurred. I 4. Cases involving systemic patterns and practices of dis- crimination shall be identified and processed as follows: (a) The Agency shall endeavor td identify through analy- sis of its unprocessed charges those respondents against whom more than one charge exists and with respect to whom multiple or class issues are rasied. (b) Thereafter, without duplicating any investigations which the Commission has commenced or is about to commence, the Agency in conjuntion with the Regional Director, or his designee, shall select for process- ing under Section 3, Schedule A, above, charges against those respondents which can be consolidated into cases involving patterns and practices of dis- crimination. (c) All such systemic charges shall be investigated and evaluated, and determinations made in accordance with the theories of non - discrimination in employ- ment as developed under Title VII of the Civil Rights Act of 1964, as amended, and the Commission's Compliance Manual (1973 edition) and amendments. (d) In addition to the requirements of Section 2(d), Schedule A, above, in all systemic cases in which the Agency determines that reasonable cause exists, the Agency shall prepare a written, specific concili- ation,agreement.desigred to outline practices to be changed or procedures to be undertaken by the employer or union to eliminate discrimination systems or practi- es; reporting systems to permit verification of com- pliance;-and enforcement provisions to become opera- tive if the agreement is violated. The Agency will attempt.,to negotiath,:acceptance of said agreement. Where individual deferred charges are contained in the case -the Agency will simultaneously attempt to achieve-relief for the charging parties. - 13 - s'r�r`.4�.^: r. .ra��� =:._ .n.- .',Sl';� 'SnFi�faY" =,. ...•..ti _`xcS:v+.$:.- - JEFF= x•'a ="_.s . -__ .x.tiry»r- .' -a °""G �$'�£C ��`��''�+�.;t,. D CORPUS CHRISTI, TEXAS _DAY OF j9z5_' TO THE MEWERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORCINANCE, 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, F MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY Aye OR. BILL TIPTON _lye EDUARDO DE ASES hyc RUTH GILL R Yr BOB GULLEY AYt GAGE LOZANO, SR. A_YLt EDWARD L. SAMPLE '4YF THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LueY A YC OR. BILL TIPTON Qy� EDUARDO DE ASES RUTH GILL yE BOB GULLEY nfa H'YF GABE LOZANO, SR. 4y,5- EDWARD L. SAMPLE "ic-7