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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