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HomeMy WebLinkAbout14062 ORD - 11/30/1977• JKH:vp!11 /36y77:1st •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR $35,179 TO INVESTIGATE CHARGES OF EMPLOYMENT DISCRIMI-
NATION, ALL AS MORE FULLY SET FORTH IN SUBSTANTIALLY THE
SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A
PART HEREOF; AUTHORIZING THE EXECUTION OF ALL OTHER DOCU-
MENTS AS MAY BE NECESSARY; 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
to execute a contract with the United States Equal Employment Opportunity
Commission for $35,179 to investigate charges of employment discrimination,
all as more fully set forth in substantially the same form attached hereto,
marked Exhibit "A" and made a part hereof.
SECTION 2. The necessity to authorize execution of the aforesaid
contract in order that the investigations may proceed without delay creates
a public emergency and an imperative public necessity requiring the suspension
of the Charter rule that no ordinance or resolution shall be passed finally
on the date 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 to exist, and having requested the
suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
Liu day of November, 1977.
ATTEST:
City Secretary YOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF NOVEMBER, 1977:
J. BRRU�CEE AYCOC_K, CITY ATTORNEY
BY :
sistant City — Attorney
14062
MICROFILMED
JUJ_ 011990
57ANDArl' �ORM 26. JrY PAGE f C'
111A'��966' a A'%kF.ARD/C0-NTRACT
i- — —';Z. 1. E'F.'O[Vt CAT; 1 5 "ECWIW-01 FOP, tIANQNAL DEFENSE
12-1-77 State a' R[O 2 ANDIOR OMS REG. 1.
/W/;8�O�28 nd Local Division
-- RATING:
5. ISSUED tlY CVUE 6 ADMNI'r4LD BY
�-7 DEDVERT
rij Nh , than 6/.A 5)
Equal F.-nployment Opportunity Cona-ii-s—sion Sn'AMni. District Office
FOB DEST,
NATION
Co f ntracts 1, Procurement Division Durango, Suite B-601
727 E.
2401 E Street, N.W. - 3238 San Antonio, Texas 78206
OTIE1 (51,
❑ W-1
Washington, D.C. 265R06m
B. CONTRACTOR CUD[ CODE 9. DISCOUNT FOR PROFMP1 PAYMENT —
NAME AND ADDRESS
Patricia King, Administrator
Corpus Christi Human Relations Commission
S.". P. 0. Box 9277
Corpus Christi, Texas 78401
10' SU -117 INVOICES (4 —1— Glb— ilf
�p
L 't� , �dj To ADDRESS SHOWN IN BLOCK
SEE SECTION J
111
SHIP TD/JAARK FOR CIiDF 12. PAYMENT WILL BE MADE BY 'OD'
Equal Employment Opportunity Commission
Financial Services Division
2401 E Street, N.W., Room 3228
Wash inoon_,_ D. C. 20506
13. "I'S --RE1EN1 "AS ADIERTCED, NEGOTIATED, PURSUANT 70; E] 10U.S.C. 230, W( I
AT U.S.C. 252 (r)(4)
-i7PROPRIATION
1,. ACCCVNiINO 0 DATA
Is. 16,
ITEM NO, SUPPLIE S/SERVICES
17*
OUANTITY
IE
UNIT
UNIT PRICE
20.
AMOUNT
FEP Agency resolution of individual charges
$35,179-00
of discrimination.
Cost Reimbursement Contract
TOTAL AMOUNT OF CONTRACT S
35,179-00
TING OF 'ICER It -ILL COMPLETE 13LOC:K J2 OR 26 AS APPLICAM-F.
CONTRACTCA 5 NEGOTIATED AGREEMENT K-1-1- i, —1,md i, Kq,t
26, ❑ AWARD C-1--r h '.t d.—T.)
y-
1. k-4h —d all 1— .11 11,. Fj,
I
by Y— ..hill dd;t;—
Fan! in full
-b— ,he -N 1., the 11 —1,d h—..
j_ "h" --' .!"-. can —!I be 1a and
M—bt ... e,',d z— 1•-d —d
Th,, .—d .1 1h, NII-1 d--- I.)
neJ "h. ":1 4 1.; —.1,11 .. l—, JbI I
—d W 1, ' h P,
the G---, . a!i-- W y.., (b) I,
or. ^;tied Pr '—j by ld-- (A-1—.1, 1.d h,
NAME Of CO-l"OOR
27. UNITED 5;AT, 1 0.; �n,C'
OF—,
Ts DATE 'ICNLt1
12.1 I—E OF CX- -;.?IG OFFICER I
R. Marvin Townsend
City Manager
CST - -I CATE OF ` NSr..",EGGATM, FACII.I^r_S. (AppLcable to contracts, subcontracts, and
agreerwnts frith applicants who are themselves performing federally assisted construction
contracts, exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause.)
By the subrAssion of this bid, the bidder, offeror, applicant, or subcontractor certi-
fies that he does not maintain or provide for his employees any segregated facilities
at any of his establishment , and that he does not permit his employees to perform
their services at any location, under his control, where segregated facilities are
maintained. He further certifies that he will not maintain or provide for his employees
any segregated facilities at any of his establishments, and that he trill not permit his
employees to perform their services at any location, under his control, where segregated
facilities are m-sintained. The bidder, offeror, applicant or subcontractor agrees that
a breach of this certification is a violation of the Equal Opportunity Clause in this
contract. As used in this certification, the term "segregated facilities" scans any wait-
ing rcors, work areas, rest rooms, and wash roors, restaurants and other eating areas,
time clocks, locker rooms and other star ^age or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities pro-
vided for employees which are segregated by explicit directive or are in fact segr -_ � ed
on the basis of race, creed, color, or national origin, because of habit, local custom
or otherwise. He further agrees that (except :•ihere he has obtained identical certifica-
tions fr= prcpczed subcontracts for specific tine periods) he will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceed-
ing $10,000 which are not exempt from the provisions of Equal Opportunity clause; that
he will retain such certifications in his files; and that he will forward the follc:,ri^.g
notice to such proposed subcontractors (except where the proposed subcontractors have
submitted identical certifications for specific timee periods):
DmICE TC SUBCO;;:R4CT0RS OR FOR CERTIFICATIONS C? NOJiSLC?EJtiaJ
FACIL.L -S. A certification of Nonses f—ed facilities, as required by the Play 9,
1967, order on Ell-Tination of Segreited ,!'acilities, by the Secretary of Labor (33 Frd,
Reg• 7439, gay 19, 1967), must be su^:aitted prior to the award of a subcontract exceed-
ing $10,000 :•:pica is not exempt from the provisions of the Equal. Opportunity clause.
The certification may be submitted either for each subcontract or for all subcontracts
or for all subcontracts during a period (i.e., quarterly, semi - annually, or annually).
(MARCH 1968) (Note: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001).
Firm City of Corpus Christi
Name R. Marvin Townsend
Title City Manager
Signature
RFP NO. (CH:
Cate 0 f Execution)
• TM'=- VI ASSURA -=
The Contractor assures and certifies with respect to the federal finds received
under this contract tha -.:
1. It tail]. comely with MLE VT of the Civil Fights Act of 1964 (P.L. 88 -352)
and in accor'.lzce wiwh title VI of the Act, no person in tae United States shall,
on the groLmd of race, color, or national origin be excluded --= pa- '•tici=iCn
in, be denied the benefits of, or be othendise subleeted to discrimination under
any progr_-i or activity for which the applicant receives Federal Financial
assistance and will i— .Uately take any measures necessary to effectuate this
agreement.
2. It will c=Vly With TIMPE VI of the Civil Pits Act of 1964 (42 U.S.C.
2000d) prohibiting eaplc;T- -nt disc:izmine -tim where'jl) the p:irma- y purpose of
the contract is to prc -ede ecploy-rant or (2) discri- natory enloyLa:t practices
will result in unequal treat'--nt. of persons %ho are or should be bereffYtting
from the contract activity.
3. It will require similar assurances from all subcontractors at any tier.
Trfu- VII C„^%-T=`iTT =y'!'f PAr—Zsials
The Contractor ag-ees to abide by the confidentiality provisions of Title VII
as those provisions are interpreted by the ACC. Tn= Contractor sn: I *got azke
public• in any mnmer ?ma-.ever the following informztion if said inforztion is
furnished by the EX:
1. 1'-he eelstence of a _1t1e M char e filed by a par ic,La_r aha - -71-ng party
against a particulaz respW dent, unless a Title VII lawsuit involving that
infonmtian has been instituted.
2. In- ore=tion cbtajned by the EZCC pursuant to its investigating authority
'( 709(a), unless a Tile VII latrsuit involving that infor.mtion has been insti-
tuted and;
3. Things said or done by the parties (i.e. Title VII chargLg parties and
respondents, and the =- C) during efforts at c ;•nciliatino a iitle Vil charge,
unless the parties give their consent in writing to such disclosure.
C - Furnished EEO Apo:" s may be made public by the detractor at or after
a 706 A,—_--icy hearing invol r_ng such information.
� II
SECTION lettering and pagination are for the purpose of uniformity.
PART I - T`i"T SCH=
SCHEDULE
IlIDE i OF SCHEDULE
The Schedule
consists of the Index of Schedule on page 1-1 and the follo:,ring:
SECTION
T-=L
PAGE
EServices
and Estimated Cost ........... ...................
4 -2
F
Description or Specifi cations ...........................
5 -1 thru 5 -3
G
Preservation, Pac m_- ng, and Packing........ .........
6-1
HDeliveries
or Performance ...............................
7 -1 thru 7 -2
IInspection
and Acceptance ...............................
8 -1
JSpecial
Provisions ......................................
9 -1 thru 9 -5
J -1
Du21 .Filing .............................................
9 -1
J -2
Maintenance of Effort.... .. ..........................9
-1
J -3
contract f-'bnitor Representative (Headquarters) ...........
9 -2
J-4
Contract Administering Officer ........... . ...............
9 -2
J -5
District Office Deferral Coordinator .....................9
-2
J -6
Invoice Instruction, ......... 6.6 ......................9
-3
J -7
S&- mission of Invoices ....................... .... ........
9 -3
J-8
Transfer of Title ........................... . ............
9 -4
J -9
Rights in Data ............... ............................9
-4
J -10
Idemn ification ...................... . .............. ......9
-4
J -11
Acknowledgement or Sponsorship • ................ . ..........
9 -4
J =12
Su6ervision and Liaison ........ ........... . ..............
9 -5
J -13
MCC - Furnish Property for the Performance of this
Contract .................. ............................9
-5
Co
Amon IJ mom OF SECTI= lettering and Pag.r ation are for the Pose of unifor7rO-tY. •
PAn I - TiE SCfEDULE
TITLE 'PAGE
SECTION -.r.
K Goverment Contract Contact s ....:....,••.•.••.••.,•••••. 10-1
L General Provisions........•.••••••.• 11 1
FEP Agency: Corpus Christi Human Relations Commission
SECTION E - SERVICES AND ESTIMATED COST
ITEM 1 - FEP Agency resolution` of individual charges of employment
discrimination.
Whereas the Equal Employment Opportunity Commission has calculated
in consultation with the FEP Agency that the FEP Agency had an Available
Workload of 60 charges on 9- 30 -77, and whereas the FEP Agency has,
during the period 10 -1 -76 through 9 -30 -77 produced 58 Accepted
Resolutions', and whereas it is projected that the FEP Agency will produce
the 150 Projected Resolutions` during the period 12 -1 -77 through 10 -31 -78
and in consideration for the FEP Agency's best efforts to complete the
Projected Resolutions, to fulfill the undertaking noted above, and to
continue to carry out the mandates and goals of Title VII of the Civil Rights
Act of 1964, as amended, pursuant to its statutory authority and the authority
vested in said Agency pursuant to this agreement, the Equal Employment
Opportunity Commission agrees to pay the sum of $ 35,179
m
FEP Agency produces investigations only; investigations have been
equated to resolutions using an 85% conversion factor.
In addition, the funds provided above are established pursuant to the
Commission's "Policy on Minimum Funding."
SE071 F - r SCrRIMOM OR SPECTUTCATM-N •
ZLMI 1 - Use of FE? Agency's facilities and personnel.
A. Development
Whereas, there is an ac ncrrledged need to insure the employment rifts
of individuals granted by Federal, State and Local anti�Lscriudnation
lams, and,
idzereas, the Equal Employrre_nt Opportunity Comnission pursuant to Congressional'
mandate to establish an integrated system for more expeditious processing
of eployment discrimination charges has committed itself to developing
such a system in partner ship with Fair amloyment Practice Agencies, and,
::hereas, it is recognized by all parties that the existing relationship
between agencies has resulted in undue delay and t.^L-ecessa -I duplication of
effort.
There-'are, the FF? agency hereby agrees to cooperate i the :qua'_ Errploy-
ment Cpportunity Co - mission in the development of a national inter ted
erployment discrimination charge processing system througgi various means
vt�ieh include, but are not limited to, the following:
a) the development by the FEP Agency of expedited procedures that
emphasize charge resolution through negotiated settlements,
which provide for the accelerated reduction o_' the FE_' agency's
existi:rig inventory of ctL?'o_s and resolution of nva charges on
a current basis;
b) the training of Age.-icy personnel in the rapid charge pro-
cessing and irventcrj reduction procedures used by the Conaais-
sion;
5 -1
•Part A • • , •
c) the development of an employment discrimination change dorm that is
acceptable to the Cormaission and the FEP Agency;
d) the development of processing terminology by the FEP Agency that is the
same as or compatible with that used by the Coxmission;
e) the developr,?nt of a national record keeping system by the O=mission
and the FEP Agency which records all actions on charges filed with the
C=dssion and the FU Agency;
f) the development of a system to insure that the Cc=dzsion and the FEP
Agency maintain compatible procerl,.ural and substantive standards;
g) the development of an internal m—anagement system by the E Agency
which implements its early charge resolution and inventory reduction
systems by establishing annual chase resolution objectives s_eci;yi+^g-
the goals for settlements, and time fra.*es for charge processing, and
by establishing monitoring mechanism which track the FEP Aigency's pro-
gress in meeting its objectives during the course of the year;
h) the development of a system by t:-- FEp Agency and the Comaission -.hich
would permit each party to perfo_m various functions on behalf of the
other, inter alia, accepting ch = ^ges for each other;
i) the development of a work sharing system by the FEP Agency and the
Conzission :rhich trill fuly'utilize the capacity of the FEP Agency by
determining the number of charges that the BEP Agency can process,
identifying charges or categories of charges to be processed by the Fr?
Agency, and by permitting the Ca-�fission to assume. immediate jurisdiction
over those charges beyond the ca=aeity of the FEP Agency;
J) the identification by the FEP pricy and the Co=d scion of legislative
charges that may be appropriate for the establish;mnt of an integrated
and efficient charge processing system.
The FU Agency further agrees that when on imiplesentation an any of the
above mentioned items is reached, such agree -ant shall be incorporated in a r--.o-
randumt of urderstandi-ng and :•torlmharing agreern..nts providing for imrolen -. rtation at
the earliest possible date.
5 -2
•
SFCMON F - Part B and C
B. RESOLUTION OF CHARGES
•
The FEP Agency as the Contractor, covenants and agrees for adequate con-
sideration, as stated in Subsection C3 below, during the term of this
contract to resolve indivudual charges of employment discrimination which
have been or will be deferred /referred to the Agency by the Commission.
The District Director shall be responsible for transmitting charges to
the Agency. The Agency further covenants and agrees that acceptable
resolutions shall include no cause findings, successful settlements,
successful and unsuccessful conciliations ark administrative closures.*
C. All deferred/referred charges which are received by the FEP Agency shall
be processed as follows:
1. All charges will be evaluated and determination made in accordance with
the theories of non- discrimination in employment as developed under
Title VII of the Civil Rights Act of. 1964, as amended.
2. Resolution or investigation of individual charges under this Section
shall be conducted in a manner designed to effectuate relief for the
charging party and shall be carried out as expeditiously as possible.
3. Charges processed pursuant to this Section will be designated on a
monthly status report from the Agency to the Commission's .District
Office.
4. All charges will be processed by the Agency in accordance to, and
consistent with the applicable State and Local Taw of the Agency.
5-3
SEC -LION G - PRFSEWATION, PACKAGUIG, AND PACKING
ITEM! 1 - Charge /case file materials and reports to be furnished to the District
Office shall be adequately pacimSed to assure safe delivery at the
designated office.
IMM 2 - FEP Agency shall preserve all case file and records relevant to all
charges or actions until final dispostion of such charges or action
by the FU Agency and the Camdssion and other federal authorities
including federal. courts.
6 -1
SE rN H - pELIVERIES OR PERFORMANCE
IT 1 - The work to be performed hereunder shall be completed •
by October 31, 1978
A. The FEP Agency shall submit a written report, each 90 days beginning
3 -1 -78, to the District Office and the Office of Field Services which
outlines the progress of the FEP Agency's efforts in the development of
a national integrated employment discrimination charge processing system.
B. The FEP Agency shall submit a Monthly Report to each of the following
Commission units:
(1) District Office
(2) Office of Field Services, (State and Local), Washington, p. C.
(3) office of Administration (Contracts &Procurement Division)
The Monthly Report will be submitted in a format and on forms to be
provided by EEOC and shall generally contain the following information
for the reporting month:
(1) Number of charges filed with the Agency that fall within the
jurisdiction of Title VII.
(2) Number of charges referred (dual filed) to the Commission
by the Agency:
a. Number to be processed by the Agency
b. Number to be processed by the Commission
(3) Number of charges deferred (referred for non -706 Agencies)
to the Agency by the Commission:
a. Number of deferred/ referred charges
accepted by the Agency for processing
b. Number of deferred/ referred charges
returned to EEOC for processing
(4) Number and types of Agency final actions on individual charges
submitted to the District Office. (No cause findings, successful
settlements, successful and unsuccessful conciliations, orders
issued pursuant to hearings held, and types of administrative
closures. Include among types of administrative closures
subtotals for "No jurisdiction" and "Charging Party's failure
to execute documents required by the FEY Agency to establish
a bona fide charge. ")
(5) Number of persons benefitted because of settlements, conciliations,
and orders.
(6) Amount of dollar benefits and -other benefits from settlements,
conciliations, and orders.
(7) Narrative relating to contract operation, production, acceptance
rate, problem areas, and special accomplishments.
SF.C.71 al H. Part B
Monthly rReeports mist be sub. -fitted to and received by the Contract Adrdnistration
Office (the Commission's District Office) not later than the 8th calendzr day of
the next subseque.-r month. (See Section K.)
Separately, the FHP Agency shall fLuTIsh to the Office of 'Field Services, washixr -on,
D.C. Witten retorts as my be expressly required by that unit.
7 -2
SECITC-2d I - INSPECTION AND ACCEPTANC
Inspection and Acceptance shall.l be made by the Contract Administering Officer
or his designee on behalf of the Director, Office of Field Services at EEOC.
8 -1
SEMON J - SPECIAL PROVISION
J -1 Dial k3.ir9
The FIE? Ag -+.cy hereby undertakes to aid individuals in invoking their rights under
T=— =1 of the Civil Rifts Act of 1954, as amended, by accepting on behalf of
the Equal E- mloyrm nt Cpnortunity Commission (EECC) charges alleging enployment
diso„imination by impl —iting one or more of the following procedures:
(1) Adoption of a uni,mrsalcharge form furnished by the MC:
(2) Adaptation of the FB? Agency char$ form to confor*to the EMC charge
form incorporating language to specify that the charge is accepted by
the Fes? Agency on its orm behalf and on behalf of the EECC;
(3) T��ntenance of EECC charge forms by the FEP Agency to be completed
simultaneously with the pomp Agency. charge form;
(4) Utiii.zation of any equivalent filing method which effectively establishes
that the charge filed with the Fr Agency is simmultaneously filed with MCC.
Nothing said or done during the filing of a charge with the FEP Agency shall in any
way affect the ~i-ht of the MOC to dete=dne its jurisdiction over arw charge filed
nor affect the confid,nt ty requirements of Title VII of the Civil Rights Act of
19643 as amancad.
J -2 0^- EF= Off'
It is the intention of the EEC to provide funds to the F Agency in order to
supplement their charge resolution EP olution capacity. Therefore, should the FEP Aggency
or the sove_=ia tal body which provides its funds reduce the FEP Agency's resources
in anticipation of or as a result of EECC contract funds, the EECC may consider
such reduction in :rZP'Apncy resources to be a material breach of this contract
nihich Mauires the FEP Ageancy to return all or a portion of the funds pror-?ded
by the EEOC under this contract.
9-1
W0.4 J - SPz-= Pr -OVISIO`!S)
The Special Pnr'ovisin s of this contract are as follows:
J -3 CA: -Ci i?;2Z'TOR =rmcm mm= (m,, = Amm)
The Director of the Office of Field — 1- rvices is designated the overall
Gover -ent's Contract I-Anitor Representative. In this capacity, the
overall Contract Vbnitor w-M provide guidance and direction to the Contract
Administering Officer.
J-4
The Contract Ad-J niste_ring OL" #icer is the District Director designated in
Block 6 of the SF-26, efh shall perform necessary liaison z:'ith tie Contractor.
Contract _-ministering Officer shall monitor the contract for the Director,
Office of Field Services ar_d provide the Contractor with technical guidenm^e.
Technical guidance shall reea-nfilling in details or otherwise explaining the
scope of nmzic and the recsuires_nts set forth in the contract. It is intended
that the details or suggestion furt-3shee shall be within the general sccpe of
toek as set forth in the contract and shall not constitute any changes in terms
and corditiors of the contract. The Contract Administering Officer has the
resporsibilit;i for no- ;coring and evaluating all phases of the Contractor's
perfo==? fn order to deter-'?ne co- yl =ance i.dth the technical requlilre ants of
the contract.
J -5 DIS---F3Cr Or^rIC'--' COOM1'IA'?OR
I e District Cffice Coordinator is the designee of the Contract Administeri ^g
Officer, in connection with
the per.o-^ -nce of this contract. The Deferral Coordinator shall monitor the contract
for the Coni7 a-ct Ad-:LrL'sterirZ Officer arid provide the Contractor with technical
gaidar:e. Tecnrical g.Li3arc_ shall mean filling the details or othe*_nd.se eeplairi,S
the scow of ...-.)rk and t'--a re;+ufr -erts set forth in the contract. It is inten=ded
that the details or s_ sst'_ons lirrished shall be rdthin'the general scope of worm
as set forth in the =ntract and shell rat constitute any changes in ten=s and
con3itio -s of the contract. Me Contract Monitor Representative has the responsibility
for >;nnitorin' and evalnL?ting all phases of the Contractor's performance in order to
deter;tire- cc- pliance ;nth the technical requirements of the contract.
9 -2
J L Ila INSTRUCTION •
(a) General. Strict compliance with the Invoice Instruction will facilitate
early payment of invoices. However, no payment can be made until the
contract /Modifications are returned, properly executed, to the Equal Employ-
ment Opportunity Commission, 2401 E Street, R.W., Washington, D.C., 20506,
Attn: Contracting Officer, Room 3238.
(b) Invoice Forms. (1) The FEP Agency is encouraged to use copies of the Public
Voucher for Purchases and Service Other Than Personal, Standard Form 1034.
Copies of the form may be obtained from the paying office.
J -7 SUBMISSION OF INVOICES
Step'l - The FEP Agency will prepare, sign and submit copies of "Public Voucher
for Purchases and Services Other Than Personal, Standard Form 1034 or
PEP Agency, along with supporting statement or certificates, if any
required to the Contract Administering Officer. (See page 10 -1 of Contract.)
Step 2 - The Contract Administering Officer will receive and review the Standard
Form 1034. If found proper and complete will certify by Memorandum in
duplicate.
Step 3 - The Contract Administering Officer will detach one yellow copy of the
Standard Form 1034, then mail the original and remaining copies of the
Standard Form 1034 to:
Equal Employment Opportunity Commission
Financial Services Division
2401 E Street, N.W., Room 3228
Washington, D.C. 20506
Step 4 - The Contract Administering Officer will mail the detached yellow copy
along with a copy of the memorandum (Step 2) and a copy of any supporting
papers or certificates to the Contracting Officer for inclusion in the
contract file, addressed as follows:
Equal Employment Opportunity Commission
Director, Contracts & Procurement Division
2401 E Street, N.W., Room 3238
Washington, D.C. 20506
9 -3
J-8 TRANFE_R OF TITI a
Title to equipment and furniture purchased with funds available under this
contract and equipment and furniture already in the possession of the FEP Agency
purchased with EEOC funds shall vest with the FEP Agency upon acquisition or
as soon thereafter as feasible without further obligation to the Government.
The PEP Agency agrees,as a condition to taking title, that no charge will be made
to the Government for any depreciation, amortization, or use charge with respect
to such equipment under any existing or future Government contract or subcontract
thereunder.
The FEP Agency further insures that "No persons in the United State shall, on the
ground of race, color, religion, sex, age or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subject.to discrimi-
nation under this contemplated financial assistance (Title to equipment and furni-
ture)".
J -9 RIGHTS IN DATA
The Government and the FEP Agency shall exercise joint ownership over all case
files, whether individual •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 FEP Agency. The
PEP Agency shall have access to such case files at all reasonable time 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 FEP Agency except as
authorized in accordance with paragraph II-J (Confidentiality), infra.
J -10 IDEMNIFICATION
The FEP Agency agrees to indemnify 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 of
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 FEP Agency or otherwise.
9-4
J -11 ACICNOMEDGEMENT OR SPONSORSHIP
The FEP Agency agrees that in the communication or release of all information
concerning work performed or worX to be performed under this contract, such
communication or release, whether in writing or otherwise, shall be jointly
approved by the Administering Officer, as described in J -9, and the FEP Agency,
shall include a statement to the effect that the project or effort depicted
was or is co-sponsored by the Equal Employment Opportunity Commission.
J -12 SUPERVISION AND LIAISON
The Equal Employment Opportunity Commission through its Director, Office of
Field Services has delegated to the District Director, responsibility on behalf
of the Government for reviewing the FEP Agency compliance with the contract
and evaluating the FEP Agency performance according to the Scope of Work of the
Contract.
J -13 FURNISHED PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT
The Equal Employment Opportunity Commission agrees to furnish to the FEP Agency,
charges and case files, if any, without cost.
9 -5
I •
SCHEDUTIIE
SECTION K - GOVERNMENT CONTRACT CONTACT
Contracting Officer
Place of Acceptance
Accounting and Appropriation Data
Contract Administration Office
Contract Monitor Representative
Paying Office
7
Yr. Raymond E. Curtis
Contracts & Procurement Division
2401 E Street, N.W„ Room 3238
Washington, D.C. 20506
See Section I of the Schedule
See Appropriation Data Sheet
See Administration Office in Block 6 of SF -26
Charlotte Frank
Director
Office of Field Services, Headquarters
E;OC, Financial Services Division
2401 E Street, N.W., Room 3228
Washington, D.C. 20506
Telephone: (202) 634 -7050
FEP Agency Contract and Address
(The address to which payments should
be mailed by the Government) See Block 6 of SF -26
Contract Administering Officer
District Office
Contract Specialist
10 -1
District Director
(SEE BLOCK 6 of SF -26)
_•r. Ernest H. Barber
Contracts & Procurement Division
2401 E Street, NW., Room 3238
Washington, D.C. 20506
Telephone: (202) 634- 7674/7675
SECTION 1 - GMU MAL PROVISIONS
TITLE
Definitions
Changes
Limitation of Cost or Funds
Allowable Cost, Fixed -Fee and Payment
Examination of Records By Comptroller General
Excusable Dalays
Disputes
Convict Labor
Walsh - Healey Public Contract Act
Equal Opportunity Clause
.Officials Not to Benefit
Covenant Against Contigent Fee
Utilization of Small Business Concerns
Utilization of Minority Business Enterprises
Utilization of Labor Surplus Area Concerns
Audit
Listing of Employment Openings
Subcontractor Cost or Pricing Data
Service Contract Act of 1965
Employment of the Handicapped
Termination Clause
i
PAGE NO.
1
1 -2
2 -3
3 -6
6
7
7
8
8
8 -9
9
9
9 -10
10
10
11 -12
12 -14
14 -15
15
16 -17
18
is
L- 1 Definitions (1- 7.102.1)
As used throughout this contract, the following terms shall have
the meaning set forth below:
(a) The term. "head of the agency" means the Chairman, EEOC,
and the term his duly authorized representative" means any
person or persons (other than the Contracting Officer)
authorized to act for the head of the agency.
(b) The term "Contracting Officer" means the person
executing this contract on behalf of the Government, and any
other officer or civilian employee who is properly designated
Contracting Officer; and the tern includes, except as
otherwise provided in this contract, the authorized
representative of Contracting Officer acting within the
limits of his authority.
(c) Except as otherwise provided in this contract, the term
"subcontract includes purchase orders under this contract.
L- 2 CHANGES (1- 7.202.2)
(a) The Contracting Officer may at any time, by a written
order, and without notice to the sureties, if any, make
changes, within the general scope of this contract, in.any
one or more of the following: (1) Drawings, designs, or
specifications, where supplies to be furnished are to be
specially manufactured for the Government in accordance .
therewith; (2) method of shipment or packing; and (3) place
of delivery.
(b) If any such change causes an increase or decrease in the
estimated cost of, or the time required for, the performance
of any part of the work under this contract, whether changed
or not changed by any such order, or otherwise affects any
other provision of this contract, an equitable adjustment
shall be made: (1) In the estimated cost or delivery
schedule, or both; (2) in the amount of any fixed -fee to be
paid to the contractor; and (3) in such other provisions of
the contract as may be affected, and the contract shall be
modified in writing accordingly. Any claim by the Contractor
for adjustment under this clause must be asserted within 30
days from the date of receipt by the Contractor of the
notification of change: Provided, however, That the
Contracting Officer, if he decides that the facts justify
such action, may receive and act upon any such claim asserted
at any time prior to final payment under this contract.
Failure to agree to any adjustment shall be a dispute
concerning a question of fact within the meaning of the
clause of this contract entitled "Disputes." However, except
as provided in paragraph (c), below, nothing in this clause
shall excuse the Contractor from proceeding with the contract
as changed.
(c) Notwithstanding the provisions of paragraphs (a) and
(b), above, the estimated cost of the contract and, if this
contract is incrementally funded, the funds allotted for the
performance thereof, shall not be increased or deemed to be
increased except by specific written modification of the
contract indicating the new contract estimated cost, and, if
this contract is incrementally funded, the new amount
allotted to the contract. Until such modification is made,
the Contractor shall not be obligated to continue performance
or incur costs beyond the point established in the clause of
this contract entitled "Limitation of Cost" or "Limitation of
Funds."
L- 3 LIMITATION OF COST OR FUNDS (1- 7.202 -3)
(a) It is estimated that the total cost to the Government
for the performance of this contract, exclusive of any fee,
will not exceed the estimated cost set forth in the Schedule,
and the Contractor agrees to use his best efforts to perform
the work specified in the Schedule and all obligations under
this contract within such estimated cost. If, at any time,
the Contractor has reason to believe that the costs which he
expects to incur in the performance of this contract in the
next succeeding 60 days, when added to all costs previously
incurred, will exceed 75 percent of the estimated cost then
set forth in the Schedule, or if, at any time, the Contractor
has reason to believe that the total cost to the Government
for the performance of this.contract, exclusive of any fee,
will be greater or substantially less than the then estimated
cost hereof, the Contractor shall notify the Contracting
Officer in writing to that effect, giving the revised
estimate of such total cost for the performance of this
contract.
(b) Except as required by other provisions of this contract
specifically citing and stated to be an exception from this
clause, the Government shall not be obligated to reimburse
the Contractor for costs incurred in excess of the estimated
cost set forth in the Schedule, and the Contractor shall not
be obligated to continue performance under the contract
(including actions under the Termination clause) or otherwise
to incur costs in excess of the estimated cost set forth in
the Schedule, unless and until the Contracting Officer shall
have notified the Contractor in writing that such estimated
cost has been increased and shall have specified in such
notice a revised estimated cost which shall thereupon
constitute the estimated cost of performance of this
contract. No notice, communication, or representation in any
other form or from any person other than the Contracting
Officer shall affect the estimated cost of this contract. In
the absence of the specified notice, the Government shall not
be obligated to reimburse the Contractor for any cost in
excess of the estimated cost set forth in the Schedule,
whether those excess cost were incurred during the course of
the contract or as a result of termination. When and to the
extent that the estimated cost set forth in the Schedule has
been increased, any costs incurred by the Contractor in
excess of the estimated cost prior to such increase shall be
allowable to the same extent as if such costs had been
incurred after the increase; unless the Contracting Officer
issues a termination or other notice and directs that the
increase is solely for the purpose of covering termination or
other specified expenses.
(c) Change orders issued pursuant to the Changes clause of
this contract 'shall not be considered an authorization to the
Contractor to exceed the estimated cost set forth in the
Schedule in the absence of a statement in the change order,
or other contract modification, increasing the estimated
cost.
(d) In the event that this contract is terminated or the
estimated cost not increased, the Government and the
Contractor shall negotiate an equitable distribution of all
property produced or purchased under the contract based upon
the share of costs incurred by each.
L- 4 ALLOWABLE COST. FIXED -FEE. AND PAYMENT (1- 7.202.4)
(a) For the performance of this contract, the Government
shall pay to the Contractor:
(1) The cost thereof (hereinafter referred to as
"allowable cost ") determined by thg Contracting Officer to
be allowable in accordance with:
(i) Subpart 1 -15.2 of the Federal Procurement
Regulations (411CFR 1- 15.2), as in effect on the
date of this contract; and
(ii) The terms of this contract; and
(2) Such fixed -fee, if any, as may be provided for in
the Schedule.
(b) Payments shall be made to the Contractor when requested
as work progresses, but not more frequently than bi- weekly,
in amounts approved by the Contracting Officer. The
Contractor may submit to an authorized representative of the
Contracting Officer, in such form and reasonable detail as
such representative may require, an invoice or public voucher
supported by a statement of cost for the performance of this
contract and claimed to constitute allowable cost. For this
purpose, except as provided herein with respect to pension
contributions, the term costs shall include at the time of
the request for reimbursement, from payment by each, check,
or other form of actual payment for items or services
purchased directly for the contract, together with (when the
0
Contractor is not delinquent in payment of costs of contract
performance in the ordinary course of business) costs
incurred, but not necessarily paid, for materials which have
been issued from the Contractor's stores inventory and placed
in the production process for use on the contract for direct
labor, for direct travel, for other direct inhouse costs, and
for properly allocated and allowable indirect costs, as is
shown by records maintained by the Contractor for purposes of
obtaining reimbursement under Government contracts plus the
amount of progress payments which have been paid to the
Contractor's subcontractors under similar cost standards. In
addition, when pension contributions are paid by the
Contractor to the retirement fund less frequently than
quarterly, accrued costs therefor shall be excluded from
indirect costs for payment purposes until such costs are
paid. If pension contributions arg paid on a quarterly or
more frequent basis, accruals therefor may be included in
indirect costs for payment purposes provided that they are
paid to the fund within 30 days after the close of the period
covered. If payments are not made to the fund within such
30 -day period, pension contribution costs shall be excluded
from indirect cost for payment purposes until payment has
been made. The restriction on payment more frequently than
bi- weekly and the requirement of prior payment for items or
services purchased directly for the contract shall not apply
when the Contractor is a small business concern.
1c) Promptly after receipt of each invoice or voucher and
statement of cost, the Government shall, except as otherwise
provided in this contract subject to the provisions of (d),
below, make payment thereon as approved by the Contracting
Officer. Payment of the fixed fee, if any, shall be made to
the Contractor as specified in the Schedule: Provided
however, That after payment of 85 percent of the fixed -fee
set forth in the Schedule, the Contracting Officer may
withhold further payment of fee until a reserve shall have
been set aside in an amount which he considers necessary to
protect the interests of the Government, but such reserve
shall not exceed 15 percent of the total fixed -fee, or
$100,000, whichever is less.
(d) At any time or times prior to final payment under this
contract the Contracting Officer may have the invoices or
vouchers and statements of cost audited. Each payment
theretofore made shall be subject to reduction for amounts
included in the related invoice or voucher which are found by
the Contracting Officer, on the basis of such audit, not to
constitute allowable cost. Any payment may be reduced for
overpayments or increased for underpayments, on preceding
invoices or vouchers.
(e) On receipt and approval of the invoice or voucher
designated by the Contractor as the "completion invoice" or
"completion voucher" and upon compliance by the Contractor
with all the provisions of this contract (including, without
limitation, the provisions relating to patents and the
Provisions of (f), below), the Government shall promptly pay
to the Contractor any balance of allowable cost, and any part
of the fixed -fee, which has been withheld pursuant to (e),
above, or otherwise not paid to the Contractor. The
completion invoice or voucher shall be submitted by the
Contractor promptly followin3 completion of the work under
this contract but in no event later than 1 year (or such
longer period as the Contracting Officer may in his
discretion approve in writing) from the date of such
completion.
(f) The Contractor agrees that any refunds, rebates,
credits, or other amounts (including any interest thereon)
accruing to or received by the Contractor or any assignee
under this contract shall be paid by the Contractor to the
Government, to the extent that they are properly allocable to
costs for which the Contractor has been reimbursed by the
Government under this contract. Reasonable expenses incurred
by the Contractor for the purpose of securing such refunds,
rebates, credits, or other amounts shall be allowable costs
hereunder when approved by the Contracting Officer. Prior to
final payment under this contract, the Contractor and each
assignee under this contract whose assignment is in effect at
the time of final payment under this contract shall execute
and deliver:
(1) An assignment to the Government, in form and
substance satisfactory to the Contracting Officer, of
refunds, rebates, credits, or other amounts (including
any interest thereon) properly allocable to costs for
which the Contractor has been reimbursed by the
Government under this contract; and
(2) A release discharging the Government, its officers,
agents, and employees from all liabilities, obligations,
and claims arising out of or under this contract, subject
only to the following exceptions:
W Specified claims in stated amounts or in
estimated amounts where the amounts are not
susceptible of exact statement by the Contractor;
(ii) Claims, together with reasonable expenses
incidental thereto, based upon liabilities of the
Contractor to third parties arising out of the
performance of this contract: Provided, however,
That such claims are not known to the Contractor on
the date of the execution of the release; and
provided further, that the Contractor gives notice of
such claims in writing to the Contracting Officer not
more than 6 years after the date of the release or
the date of any notice to the Contractor that the
Government is prepared to make final payment,
whichever is earlier; and
(iii) Claims for reimbursement of costs (other than expenses of the
Contractor by reason of its indemnification of the Government against
Patent liability), including reasonable expenses incidental thereto,
incurred by the Contractor under the provisions of this contract
relating to patents.
(g) Any cost incurred by the Contractor under the terms of this contract
which mould constitute allowable cost under the provisions of this clause
shall be included in determing the amount payable under this contract,
notwithstanding any provisions contained in the specifications or other
documents incorporated in this contract by reference, designating services
to be performed or materials to be furnished by the Contractor at his
expense or without cost to the Government.
L-5 ERAMATION OF RECORDS BY COMPTROLLER GMERAL (1- 7.103.3)
(a) This clause is applicable if the amount of this contract exceeds
$10,000 and was entered into by means of negotiations, including small
business restricted advertising, but is not applicable if this contract
was entered into by means of formal advertising.
(b) The Contractor agrees that the Comptroller General of the United
States or any of his duly authorized representatives shall, until the
expiration of 3 years after final payment under this contract or such
lesser time specified in either Appendix M of the Armed Services Procurement
Regulation or the Federal Procurement Regulations Part 1 -20, as appropriate,
have access to an the right to examine any directly pertinent books, docu-
ments, papers, and records of the Contractor involving transactions related
to this contract.
(c) The Contractor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor agrees that the
Comptroller General of the United States or any of his duly authorized
representatives shall, until the expiration of 3 years after final payment
under the subcontract or such lesser time specified in either Appendix M
of the Armed Services Procurement Regulation or the Federal Procurement
Regulations Part 1 -20, as appropriate, have access to and the right to
examine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontract.
The term "subcontract" as used in this clause excludes (1) purchase orders
not exceeding $10,000 and (2) subcontracts or purchase orders for public
utility services at rates established for uniform applicability to the
general public.
(d) The periods of access and examination described in (b) and (c)
above, for records which relate to (1) appeals under the "Disputes"
clause of this contract, (2) litigation or the settlement of claims
arising out of the performance of this contract, or (3) costs and
expenses of this contract as to which exception has been taken by the
Comptroller General or any of his duly authorized representatives, shell
continue until such appeals, litigation, claims, or exceptions have been
disposed of.
•
L -6 EXCUSABLE DELAYS (1- 8.708)
u
Except with respect to defaults of subcontractors, the Contractor shall
not be in default by reason of any failure in performance of this contract
in accordance with its terms (including failure by the Contractor to make
progress in the prosecution of the work hereunder which endangers such
performance) if such failure arises out of causes beyond the control and
without the 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 of negligence of the Contractor.
If the failure to perform is caused by the failure of a subcontractor to
perform or make progress, and if such failure 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
deemed to be in default,-unless (i) the supplies or services to be furnished
by the subcontractor were obtainable from other sources, (ii) the Contracting
Officer shall have ordered the Contractor in writing to procure such supplies
or services from such other sources, and (iii) the Contractor shall have
failed to comply reasonably with such order. Upon request of the Contractor,
the Contracting Officer shall ascertain the facts and extend of such causes,
the delivery schedule shall be revised accordingly, subject to the rights
of the Government under the clause hereof entitled "Termination for Default
of for Convenience of the Government." (As used in this clause, the terms
"subcontractor" and "subcontractors" mean subcontractor(s) at any tier.)
L-7 DISPUTES (1- 7.102 -12)
(a) Except as otherwise provided in this contract, any dispute concerning
a question of fact arising under this contract which is not disposed of
by agreement shall be decided by the Contracting Officer, who shall reduce
his decision to writing and mail or otherwise furnish a copy thereof to
the Contractor. The decision of the Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnished to the Contracting Officer a
written appeal addressed to the Secretary. The decision of the Secretary
or his duly authorized representative for the determination of such appeals
shall be final and conclusive unless determined by a court of competent
jurisdication to have been fraudulent, or capricious, or arbitrary, or so
grossly erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal proceeding under this
clause, the Contractor shall be afforded an opportunity to be heard and
to offer evidence in support of its appeal. Pending final decision of a
dispute hereunder, the Contractor shall proceed diligently with the
performance of the contract and in accordance with the Contracting Officer's
decision.
(b) This "Disputes" clause does not preclude consideration of law questions
in connection with decisions provided for in paragraph (a), above: Provided,
that nothing in this Contract shall be construed as making final the decision
of any Administrative Official, Representative, or board on a question of
law.
0
is
L-8 CONVICT LABOR (1- 12.204)
In connection with the performance of work under this contract, the
Contractor agrees not to employ any person undergoing sentence of
imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973.
L-9 WALSH- HEALEY PUBLIC CONTRACT ALT (1- 12.605)
If this contract is for the manufacture or furnishing of materials,
supplies, articles, or equipment in an amount which exceeds or may exceed
$10,000 and is otherwise subject to the Walsh- Healey Public Contracts Act,
as amended (41 U.S.C. 35 -45), there are hereby incorporated by reference
all representations and stipulations required by said Act and regulations
issued thereunder by the Secretary of Labor, such representations and
stipulations being subject to all applicable rulings and interpretations
of the Secretary of Labor which are not or may hereafter be in effect.
L-10 EQUAL OPPORTUNITY CLAUSE (1- 12.803.2)
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, region, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or nation origin. Such action shall
include, but not be limited to, the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting forth the
provisions of this Equal Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which he has a collective bargining agreement or other contract
or understanding a notice, to be provided by the agency Contracting Officer,
advising the labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment. ,
(d) The Contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965 and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investi-
gation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended, in whole or in part and the Contractor may be declared ineli-
gible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions as may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or
order of the Secretary of Labor, or as otherwise provided by law.
(g) The Contractor will - include the provisions of paragraphs (a) through (g)
in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided; however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
L-11 OFFICIALS NOT TO BENEFIT (1- 7.102 -17)
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or pert of this contract, or to any benefit that may
arise therefrom; but this provision shall not be construed to extend to
this contract if made with a corporation for its general benefit.
L-12 COVENANT AGAINST CONTINGENT FEE (1- 1.503)
The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon an agreement, or under-
standing for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Contractor for the purpose of securing business.
For breach or violation of this warranty the Government shall have the
right to annul this contract without liability or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the
full amount of such commission, percentage, brokerage, or contingent fee.
L-13 UTILIZATION OF SMALL BUSINESS CONCERNS (1- 1.710.3A)
(a) It is the policy of the Government as declared by the Congress that a
fair proportion of the purchases and contracts for supplies and services
for the Government be placed with smell business concerns.
(b) The Contractor agrees to accomplish the maximum amount of sub-
contracting to small business concerns that the Contractor finds to be
consistent with the efficient performance of this contract.
L-14 UTILIZATION OF MINORITY BUSINESS ENTERPRISES (1- 1.1310 -2e)
(a) It is the policy of the Government that minority business enterprises
shall have the madoa practicable opportunity to participate in the per-
formance of Government contracts.
(b) The Contractor agrees to use his best efforts to carry out this 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 terms
"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 purposes of this definition, minority group members
are Negroes, Spanish - speaking American persons, American - Orientals,
American- Indians, American Eskimos, and American Aleuts. Contractors may
rely on written representations by subcontractors regarding their status
as minority business enterprises in lieu of an independent investigation.
L-15 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (1- 1.805.3x)
(a) It is the policy of the Government to award contracts to labor surplus
areas concerns that (1) have been certitied by the Secretary of Labor
(hereafter referred to as certified - eligible concerns with first or second
perferences) regarding the employment of proportionate number of disad-
vantaged individuals and have agreed to perform substantially (i) in or
near sections of concentrated unemployment or underemployment or in persis-
tent or substantial labor surplus areas or (ii) in other areas of the
United States, respectively, or (2) are noncertified concerns which have
agreed to perform substantially in persistent or substantial labor surplus
areas, where this can be done consistent with the efficient performance of
the contract and at prices no higher then are obtainable elsewhere. The
Contractor agrees to use his best efforts to place his subcontracts in
accordance with this policy.
(b) In complying with paragraph (a) of this clause and with paragraph (b)
of the clause of this contract entitled "Utilization of Small Business
Concerns" the Contractor in placing his subcontracts shall observe the
following order of preference: (1) Certified - eligible concerns with a
first preference which are also small business concerns; (2) other
certified - eligible concerns with a first preference; (3) certified - eligible
concerns with a second preference which are also small business concerns;
(4) other certified - eligible concerns with a second preference; (5) persis-
tent or substantial labor surplus area concerns which are also small
business concerns; (6) other persistent or substantial labor surplus area
concerns; and (7) small business concerns which are not labor surplus area
concerns.
10
L-16 AUDIT (1- 3.814 -2)
(a) General. The Contracting Officer or his representatives shall have
the audit and-inspection rights described in the applicable paragraphs
(b), (c), and (d) below.
(b) Examination of costs. If this is a cost - reimbursement type, incentive,
time and materials, labor hour, or price predetermined contract, or any
combination thereof, the Contractor shall maintain, and the Contracting .
Officer or his representatives shall have the right to examine books,
records, documents, and other evidence and accounting procedures and
practices, sufficient to reflect properly all direct and indirect costs of
vhate6hr.nature claimed to have been incurred and anticipated to be incurred
for the performance of this contract. Such right to examination shall
include inspection at all reasonable times of the Contractor's plants, or
such parts thereof, as may be engaged in the performance of this contract.
(c) Cost of pricing data. If the*Contractor submitted cost or pricing
data in connection with the pricing of this contract or any change or
modification thereto, unless such pricing was based on adequate price
competition, established catalog or market prices of commercial items sold
in substantial quantities to the general public, or prices set by law or
regulation, the Contracting Officer or his representatives who are employees
of the United States Government shall have the right to examine all books,
records, documents and other data of the Contractor related to negotiation,
pricing or performance of such contract, change or modification, for the
purpose of evaluating the accuracy, completeness, and currency of the cost
or pricing data submitted. Additionally, in the case of pricing any
change or modification exceeding $100,00 to formally advertised contracts,
the Comptroller General of the United States or his representatives who
are employees of the United States Government shall have such rights. The
rights of examiniation shall extend to all documents necessary to- permit
adequate evaluation of the cost or pricing data submitted, along with the
computations and projections used therein.
(d) Availability. The materials described in (b) and (c) above, shall be
made available at the office of the Contractor, at all reasonable at the
office of the Contractor, at ell reasonable times, for inspection, audit
or reproduction, until the expiration of 3 years from the date of final
payment under this contract or such lesser time specified in Part 1 -20 of
the Federal Procurement Regulations.(41 CFR Part 1 -20) and for such longer
period, if any, as is required by applicable statute, or by other clauses of
this contract, or by (1) and (2) below:
(1) If this contract is completely or partially terminated, the records
relating to the work shall be made available for a period of 3 years
from the date of any resulting final settlement.
(2) Records which relate to appeals under the "Disputes" clause of this
contract, or litigation or the settlement of claims arising out of the
performance of this contract, shall be made available until such appeals,
litigation, or claims have been disposed of .
11
(e) The Contractor shell insert a clause containing all the provisions
of this clause, including this paragraph (e), in all subcontracts here-
under except altered as necessary for proper identification of the
contracting parties and Contracting Officer under the Government prime
contract.
L-17 LISTING OF EMPL07CN1E[IT OPENINGS (1-12.1102.2)
(This clause is applicable pursuant to 41 CFR 50 -250 if this contract is
for $10,000 or more.)
(a) The Contractor agrees, in order to provide special emphasis to the
employment of qualified disabled aeterans and veterans of the Vietnam era,
that all suitable 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 establishment other than the one wherein
the contract is being performed but excluding those of independently
operated corporate affiliates, shall be offered for listing at an appropriate
local office of the State employment service system wherein the opening
occurs and to provide such reports to such local office regarding employment
openings and hires as may be required: Provided that is this contract
is for less than $10,000 or if it is with a State or Local government
the reports set forth in paragraphs (c) and (d) are not required.
(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 service or effort and shell involve the normal
obligations which attach to the placing of a bona fide job order, including
the acceptance of referrals of veterans and nonveterans. This listing of
employment openings does not require the hiring of any particular job
applicant or from any particular group of job applicants, and nothing
herein is intended to relieve the Contractor from any requirements in any
statutes, Executive Orders, or regulations regarding nondiscrimination in
employment.
(c) The reports required by paragraph (a) of this clause shall include,
but not limited to, periodic reports which 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 the State Employ-
ment service. Such reports shall indicate for each establishment W the
number of individuals who were hired during the reporting period, (ii) the
number of those hired who were disabled veterans, and (iii) the number of -
those hired who were nondisabled veterans of the Vietnam era. The contractor
shall submit a report within 30 days after the end of each reporting
period wherein any performance is made under this contract. 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 repre-
sentatives of the Contracting Officer or of the Secretary of Labor.
12
(d) Whenever the Contractor becomes contractually bound by the listing
provisions of this clause, he shall advise the employment service system
in each State wherein he has establishements 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 system, there is no need to advise the State system of subse-
quent contracts. The contractor may advise the State system when it is
no longer bound by this contract clause.
(e) This clause does not apply to the listing of employment openings
which occur and are filed outside of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(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 customary
and traditional employer -union hiring arrangement. This exclusion does not
apply to a particular opening once an employer decides to consider appli-
cants outside of his ova organization or employer -union arrangement for
that opening.
(g) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited
to, opeings which occur in the following job categories Production
and nonproduction; plant and office; laborers and mechanics; super-
visory and nonsupervisory; technical; and executive, administrative,
and professional openings which are compensated on a salary basis of
less than $18,000 per year. The term includes full -time employment,
temporary employment of more than 3 days' duration, and part-time
employment. It does not include 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.
(2) "Appropriate office of the State employment service system" means
the local office of the Federal -State national system of public employ-
ment offices with assigned responsibility for serving the area of the
establishment where the employment opening is to be filled, including
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
awn organization" means employment openings for which no consideration
will be given to persons outside the Contractor's own organization
(including any affiliates, subsidiaries, and parent companies), and
includes any openings which the contractor proposes to fill from
regularly established "recall" or "rehire" lists.
(4) "Openings which the Contractor proposes ... 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 of a special hiring arrangement, including openings which the
contractor proposes to fill from union halls, which is part of the
customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
13
(5) "Disabled veteran" means a person entitled to disability compensation under
laws administered by the Veterans Administration for a disability rated at 30
pereentum or more, or a person whose discharge or release from active duty was for
a disability incurred or aggravated in line of duty.
(6) "Veteran of the Vietnam era" means a person (A) who (i) served on active
duty with the Armed Forces for a period of more than 180 days, any part of
which occurred after August 5, 1964, and was discharged or released therefrom
with other than a dishonorable discharge, or (ii) was discharged or released
from active duty for service - connected disability if any part of such duty was
performed after August 5, 1964, and (P) who was so discharged or released within
the 48 months preceding his application for employment covered by this clause.
(h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor
(or any first -tier subcontractor) has failed or refuses to comply with the provisions
of this contract clause relating to giving special emphasis in employment to veterans,
such veteran may file a complaint with the veterans' employment representative at a
local State employment service office who will attempt to informally resolve the com-
plaint and then refer the complaint with a report on the attempt to resolve the matter
to the State Office of the Veterans' Employment Service of the Department of Labor.
Such complaint shall then be promptly referred through the Regional Manpower Administrator
to the Secretary of Labor who shall investigate such complaint and shall take such action
thereon as the facts and circumstances warrant consistent with the terms of this contract
and the laws and regulations applicable thereto.
(i) The Contractor agrees to place this clause (excluding this paragraph (i)) in any
subcontract directly under this contract.
L-18 SUBCOMUCTOR COST OR PRICING DATA (1- 3.814 -3)
,(a)• The Contractor shall require subcontractors hereunder to submit, actually
or by specific identification in writing, cost or pricing data under the follow-
ing circumstances:
(1) Prior to the award of any subcontract the amount of which is expected
to exceed $100,000 when entered into;
(2) Prior to the pricing of any subcontract modification which involves
aggregate increases and /or decreases in costs plus applicable profits
expected to exceed $100,000; except where the price is based on adequate
price competition, established catalog or market prices of commercial items
sold in substantial quantities to the general public, or prices set by
law or regulation.
(b) The Contractor shall require subcontractors to certify in substantially
the same form as that used in the certificate by the Prime Contractor to the
Government, that to the best of their knowledge and belief, the cost and
pricing data submitted under (a) above is accurate, complete, and current as
of the date of agreement on the negotiated price of the subcontract or sub-
contract change or modification.
(c) The Contractor shall insert the substance of this clause including this
paragraph (c) in each subcontract hereunder which exceeds $100,000 when enter-
ed into except where the price thereof is based on adequate price competition,
established catalog or market prices of commercial items sold in substantial
14'
quantities to the general public, or prices set by law or regulation.
In each such excepted subcontract hereunder in excess of $100,000, the
Contractor shall insert the substance of the folloving clause:
Subcontractor Cost or Pricing Data -Price Adjustments
(a) Paragraphs (b) and (c) of this clause shall become operative
only with respect to any modification made pursuant to one or more
provisions of this contract which involves agregate increases and /or
decreases in costs plus applicable profits expected to exceed $100,000.
The requirements of this clause shall be limited to such contract
modifications.
(b) The Contractor shall require subcontractors hereunder to submit
actually or by specific identification in writing cost or pricing data
under the following circumstances:
(1) Prior to award of any subcontract, the amount which is expected
to exceed $100,000 when entered into:
(2) Prior to the pricing of any subcontract modification which in-
volves aggregate increases and /or decreases in costs plus applicable
profits expected to exceed $100,000; except where the price is based
on adequate price competition, established catalog or market prices
of commercial items sold in substantial quantities to the general
public, or prices set by law or regulation.
(c) The Contractor shall require subcontractors to certify, in sub-
stantially the same form as that used in the certificate by the Prime
Contractor to the Government, that to the best of their knowledge and
belief the cost and pricing data submitted under (b) above is accurate
complete, and current as of the date of agreement on the negotiated
price of the subcontract or subcontract change or modification.
(d) The Contractor shell insert the substance of this clause including
this paragraph (d) in each subcontract hereunder which exceeds $100,000
_when entered into.
L-19 SERVICE Coma ACT of 1965 (1- 12.901)
(a) Regardless of contract amount, no contractor or subcontractor holding a
Federal service contract shall pay any of his employees engaged in such work
less than the minimum wage specified in Section 6(a)(1) of the Fair Labor
Standards Act .of 1938, as amended (29 USC 201 et sec.); and
(b) Federal service contracts in excess of $2,500 shall contain the provisions
required by the Act with respect to such matter as minimum wages, including
fringe benefits, to be paid the various classes of service employees engaged in
the performance to the contract, safe and sanitary working conditions, and
modification of employees of the compensation required under the Act.
15
L-20 EeLOYMENT OF THE RMICAPPED - (ASPR 12_1304 -1)
(This cla•.ise applies to all nonexempt contracts and subcontracts which
exceed $10,000 e9 . °ollows: (1) Part A applies to contracts and sub -
contracts which provide for performance in less than 90 days, (2) Parts
A and B apply to contracts and subcontracts which provide for performance
in 90 days or more and the amount of the contract or subcontract is less
than $500,000, and (3) Parts A. B. and C apply to contracts and sub-
contracts which provide for performance in 90 days or more and the amount
of the contract or subcontract is $500,000 or more.)
PART A
(a) The Contractor will not discriminate against any employee
or applicant for employment because of physical or mental handicap
in regard to any position for which the employee or applicant for
✓ employment is qualified. The Contractor agrees to take affirmative
action to employ, advance in employment, and otherwise treat
qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices
such as the following: employment, upgrading, demotion or transfer,
recruitment or recruitment in advertising; layoff or termination,
rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
(b) The Contractor agrees that, if a handicapped individual files
a complaint with the Contractor that he is not complying with the
requirements of the Act, he will (1) investigate the complaint and
take appropriate action consistent with the requirements of 20 CFR
741.29 and (2) maintain on file for 3 years, the record regarding
the complaint and the actions taken.
(c) The Contractor agrees that, if a handicapped individual files
a complaint with the Department of Labor that he has not complied
with the requirements of the Act, (1) he will cooperate with the
Department in its investigation of the complaint, and (2) he will
provide all pertinent information regarding his employment practices
with respect to the handicapped.
(d) The Contractor agrees to comply with the rules and regulations
of the Secretary of Labor in 20 CFR CH PI, Part 741.
(e) In the event of the Contractor's noncompliance with the require-
ments of this clause the contract may be terminated or suspended in
whole or in part.
(f) The clause shall be included in all subcontracts over $10,000
16
Part s
(g) The Contractor agrees (1) to establish an affirmative action
program, including appropriate procedures consistent with the
guidelines and the rules of the Secretary of Labor, which will provide
the affirmative action regarding the employment and advancement of
the handicapped required by Public Law 93 -112, (2) to publish the
program in his employee's or personnel handbook or otherwise distribute
a copy to all personnel, (3) to review his program on or before March 31
of each year and to make such changes as may be appropriate, and (4)
to designate one of his principal officials to be responsible for the
establishment and operation of the program.
(h) The Contractor agrees to permit the examination by appropriate
contracting agency officials or the Assistant Secretary for Employment
Standards or his designee, of pertinent books, documents, papers, and
records concerning his employment and advancement of the handicapped.
(i) The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices in a form to be
prescribed by the Assistant Secretary for Employment Standards, provided
by the Contracting Officer stating the contractor's obligation under
the law to take affirmative action to employ and advance in employment
qualified handicapped employees and applicants for employment and the
rights and remedies available.
(j) The Contracting will notify each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Rehabilitation Act, and is committed to take affir-
mative action to employ and advance in employment physically and mentally
handicapped individuals.
!� h
(k) The Contractor agrees to submit a copy of his affirmative action
program to the Assistanct Secretary for Employment Standards within 90
days after the Award to him of a contract or subcontract.
(1) The Contractor agrees to submit a summary report to the Assistant
Secretary for Employment Standards by March 31 of each yew during
performance of the contract, and by March 31 of the year following com-
pletion of the Contract, in the form prescribed by the Assistant Secre-
rary covering employment and complaint experience, accommodations made,
and all steps taken to effectuate and carry out the commitments set
forth in the affirmative action program,
17
L-21 TROEImemION CLAusE
The performance of work under the contract may be terminated by the
Government in accordance with the clause in whole, or from time-to-time
in part:
(1) Whenever the Contractor shall default in performance of this
contract in accordance with its terms (including in the term
"default" any such failure by the Contractor to make progress in
the prosecution of the work hereunder as endangers such performance),
and shall fail to cure such default within a period of ten days
(or such longer period as the Contracting Officer may allow) after
receipt from the Contracting Officer of a notice specifying the
default; or
(2) Whenever for any reason the Contracting Officer shall determine
that such termination is in the best interest of the Government.
Any such termination shall be effected.by delivery to the Contractor of
a. Notice of Termination specifying whether termination is for the
default of the Contractor or for the convenience of the Government, the
extent to which performance of work under the contract is terminated,
and the date upon which such termination becomes effective. If, after
notice of termination of this contract for default under (1) above, it
is determined for any reason that the Contractor was not in default
pursuant to (1), or that the Contractor's failure to perform or to make
progress in performance is due to causes beyond the control and without
the fault or negligence of the Contractor pursuant to the provisions of
the clause of this contract relating to excusable delays, the Notice of
Termination shall be deemed to have been issued under (2) above, and the
rights and obligations of the parties hereto shall in such event be
governed accordingly.
18
P?;iP�IIIIIVTS ,
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 (1) without the approval of the Office admin-
istering advance payments (hereinafter called the "Administering Office" and
designated in paragraph (e)( 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 (c)(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, within 60 days, repay to the Government such part of the
unliquidated balance of advance payment as shall, in the opinion of the Administer-
ing Office, be in excess of current needs, -The Contractor shall be deemed in
compliance with the time requirement of the next proceding sentence if the chief
administering officer of the Contractor shall have intitiated in writing, within
said time period, a request for repayment of such funds to the Goverment, shall
have deposited such request in the hands of the state or political subdivision
Comptroller; Treasurer, or other state or political subdivision official respon -.
sible for disbursing state or political subdivision funds, and shall have presented
a copy 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
funds advanced, the Contractor, if it determines that the requested is unreason,
able, may appeal the matter of the Executive Director of the Commission, whose
decision shall be find,
(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 extend 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 hereunder,
(d) Information- Access to Records, The Contractor shall furnish to the Administering
Office signed statements of expenditures, (See Attachement #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 td authorized representatives of the
Government proper facilities for inspection of the'Contractor's books records,
and accounts,
s
(e) Designatiors and Deter- drations,
(1) Amount. The amount of advance payments at any time outstanding hereunder
shall not exceed
(2) Administering Office. The Office administering advance payments is
designated as District Director, District 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 warrants 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 encumber-
ance 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 terminated.
(3) All information furnished by the Contractor to the Administering Office
in connection with such request for advance payments in true and correct to the
best knovrledge of t..e 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
payments.
a
(h) Coverants. D,;_ri:- -ne period of time that advance payments may be made hereunder
ar-d so long as such advance payments remain unliquidated, the Contractor shall
not without the pr'or : ;mitten consent of the Administering Office:
(1) Sell, convey, lease, mortgage, pledge, or otherwise 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 herea:de.
(2) : -ake any advance or loan to or incur any liability as guarantor, surety, or
aceommondation endorser for any firm, person, or corporation.
(3) Permit a writ or attachment or any similar process to be issued against
its property :rithout prociring release hereof or bonding the same within -
thirty (30) days after the entry of the writ of attachment or any similar process.
TEF�TATIO ?d FOR CONVENIENCE OF THE
GOVERNMENT
The Contracting Officer, by written notice, may terminate this contract, in
whole or in part, when it is in the best interest of the Govermmnt. If this
contract is for supplies and is so terminated, the Contractor shall be compensated
in accordance with Part 1 -8 of the Federal Procurement Regulations (41 CFR 1 -8),
in effect on this contract's date to the extent that this contract is for services
and is so terminated, the Government shall be liable only for payment in accordance
with the payment provisions of this contract for services rendered prior to the
effective date of termination.
•
r
Contract Number: 8/5010/8028 Contractor's Name: Corpus Christi _
Appropriation
2520
Above funds authorized for obligation
for the purpose contemplated by the
above identified contractual document,
Payment 'Schedule
December 1, 1977
March 30, 1978
June 30, 1978
September 30, 1978
TOTAL COST
$8,794.75
8,794.75
8,794,75
8,794.E
$35,179.00
William C. Hainsworth,� Chief' •
Budget and Finance Division
1
Corus Christi Texas
day of 1921
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of.the City
Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
14062