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Home My WebLink About14529 ORD - 09/27/1978�Kn:7- L /- /6;ISL AN ORDINANCE I ACCEPTING A GRANT AWARD OF $40,000 FROM THE EQUAL EMPLOYMENT.OPPORTUNITY COMMISSION TO CONTINUE THE CITY'S EQUAL EMPLOYMENT PROGRAM AND TO DEVELOP A MANAGEMENT SUPPORT SYSTEM DESIGNED TO QUALIFY THE CITY AS A 706 AGENCY AND AUTHORIZING THE EXECUTION! OF ALL DOCUMENTS NECESSARY TO ACCEPT THE GRANT AND TO CON- TINUE THE PROGRAM; AND DECLARING AN EMERGENCY. TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager, for and on behalf of the City of Corpus Christi, is hereby authorized to accept a grant award of $40,000 from the Equal Employment Opportunity Commission to continue the City's Equal Employment Program and to develop a management support system designed to qualify the City as a 706 Agency, all as more fully set forth in the Award /Contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". The City Manager is hereby further authorized to execute all documents necessary to accept the grant and to continue the aforesaid program. SECTION 2. The necessity to authorize acceptance of the afore- said grant award and to authorize execution of 'all documents necessary to accept the grant and to continue the program creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but,that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency, and necessity exist, and having requested the suspen- sion of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _day of September, 1978. ATTEST: Rr y Secretary MAYOR APPROVED: THE CITY_!F_4 CHRISTI, TEXAS 27th DAY OF SEPTEMBER, 1978: J. B CE AYCOCK, ITY ATTORNEY y , w s stant City At ,-NAIL Q S V11 14529 a S'AN JRM 26, JULY 1966 ` r AWARD /CONTRACT PAGE j GENE" .VICE$ ADMINISTRATION FED PROC. REG. (AICFRI 1 -16101 1 CONTRACT (Prot. Inu. ld w I NO. 2 EFFECTIVE DATE 3 REQU151TION /PURCHASE REQUEST /PROJECT NO 4. CERTIFIED FOR NATIONAL DEFENSE UNDER oa A PEG 2 AND /OR DMS REG 1. Office of Field Service RATING _8/5010/8128 5. ISSUED BY CODF _s __ _ 6. ADMINISTERED BY COIU 7. DELIVERY T (if other th+u+ black s) -- - -- TO DESH. Equal Employment Opportunity Commission EEOC, San Antonio District Office ❑ NATION Contracts & Procurement Division 727 East Durango, Suite B -601 OTHER (See 2401 t Street, N.W., Room 3238 San Antonio, Texas 78206 ❑6rla`r) 4Tashin ton D. C. 2 06 - - -- — B CONTRACTOR CODEJ F'ACIL17Y CO Dli 9. oiSCUUNi FOP. PROMPT PAYMENT NAME AND ADDRESS Corpus Christi Human Relations Commission (Street. city, y, stare, P.O. Box 9277 anA ZJP rode) Corpus Christi, Texas 78408 - — 10. SUBMIT INVOICES (-1 tapir! "'I", etheru•ife Iperhrd) TO ADDRESS SHOWN IN BLOCK- - 11. SHIP TO /MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE Equal Employment Opportunity Commission Finance Branch ' 2401 E Street N.W., Room 3228 Washington, D., C. 20 06 10 U.S.C. 2304 (a)( ) . 13. THIS PROCUREMENT WAS ❑ADVERTISED, ❑ x NEGOTIATED, PURSUANT TO. M A I U S C 252 (cx4 ) 14 ACCOUNTING AND APPROPRIATION DATA see attached appropriation data sheet Is. ITEM NO. 16 SUPPLIES /SERVICES 12, QUANTITY 18 UNIT 14. UNIT PRICE 20. AMOUNT 1 Charge Inventory Control System $40,000.00 COST- REIlIBURSEMENT CONTRACT 21 TOTAL AMOUNT OF CONTRACT $ • 0 CONTRACTING OFFICFR WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 22. ® CONTRACTOR'S NEGOTIATED AGREEMENT (ConJrarlor it regn;,d Jo Fig,, 26. ❑ AWARD (CPn -d-1 is not required Jn Iign Ibis darumrRr.) Your offer chit rlorumenr and return L roprrF !o i»uing err. f Contractor agree. n Sohcnation Nomber , Ineludmg Me o <hangas made by you which oddm0.1 or changes a sal leah in full Io Iurnl+h and deliver all rt r parlorm all the ter svt forth o atherwi ida ^cif ad above and on any contmuahon +heat+ for the wndderanon amad Ferom, +a gdd,fi ob- , hereby accepted os to the item+ bated obese and on any mnfinvahen sheab do<umsntsi (o) The ngtdr and obl.gomonr of the ,wrty to thi> contract shall be +object t." FI gov� amt, Thi, award con+ummatea the .entrain which canrists eF tM1e lellowing the Gov nment•+ sohcitonen and yaw offer, and (b) the+ award /contract, No ned by thv lollowimg doc m +i jo) thi+ award /contract, (b) the +alintahan, and (c) rush Previtions, repro %ntotlon+, ce rb R<ahon+, and +pe ri Iio , a fuaMr < ,ro,tuol document is onoched or fncorpamted by reference herein. (Atrarh —st, art tested herrio.) 23 NAME OF CONTRACTOR - -- - + - 27. UNITED STATES OF AMERICA _ BY_ - BY _ - of per ou*O d ro +i9 ^) -_ - - -_ -'- -_ —_ - - jSignmu a of Con I.n9 0%!) - r(Type 24. NAME AND TIRE OF SIGNER (*type or print) 25. DATEV51GOED 28, NAME OF COMRACTING OFFICER or print) =f -- DATE SIGNED 129. ATTEST: City Secretary APPROVED; DAY OF J. Bruce Aycock, City Attorney PREAMBLE WHEREAS, the Equal Employment Opportunity Commission is required by its statute to attack the problems of employment discrimination, in conjunction with agencies of State and local government constituted for that same purpose, and WHEREAS, the efficiency of the Commission in this task is largely dependent upon the efficiency of its sister agencies at the State and local level, and WHEREAS, there presently exist in the Commission and among its sister agencies a backlog of unresolved charges of employment discrimination, and WHEREAS, this backlog of unresolved charges is of serious concern to the Congress, to the Commission, to its sister agencies, and to the public whom they serve, now THEREFORE, the Commission determines that it is in the public interest to enter into Contracts with its sister state and local agencies to improve their efficiency so that systems may be developed within such agencies to assist in the resolution of the existing backlog of charges and to develop systems for processing charges that will permit such charges to be handled in a fair and expeditious manner in the future. TITLE VI ASSURANCES The Contractor assures and certifies with respect to the federal funds received under this contract that: 1• It will comply with TITLE VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with TITLE VI of the Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal Financial assistance and will immediately take any measures necessary to effectuate this agreement. 2• It will comply with TITLE VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) Prohibiting employment discrimination where (1) the primary purpose of the contract is to provide employment or (2) discriminatory employment practices will result in unemployment treatment of persons who are or should be benefiting from the contract activity. 3. It will require similar assurances from all subcontractors at any tier. TITLE VII CONFIDENTIALITY PROVISIONS The Contractor agrees to abide by the confidentiality provisions of TITLE VII as those provisions are interpreted by the EEOC. The Contractor shall not make public in any manner whatever the following information if said information is furnished by EEOC. 1. The existence of a Title VII charge filed by a particular charging party against a particular respondent, unless a Title VII lawsuit involving that information has been instituted. 2. Information obtained by the EEOC pursuant to its investigating authority (709(a), unless a TITLE VII lawsuit involving that information has been instituted and; 3. Things said or done by the parties (i.e. TITLE VII charging parties and respondents, and the EEOC) during efforts at conciliating a Title VII charge, unless the parties give their consent in writing to such disclosure. EEOC - Furnished EEO Reports may be made public by the contractor at or after a 706 Agency hearing involving such information. ShuTION lettering and pagination are for the purmse of uniformity. PART I - The Schedule SCHEDULE II4DRX OF SCHEDULE The Schedule consists of the Index of Schedule on pave 1 -1 and the following: SECTION TITLE PAGE Services and Estimated Cost ................4 -2 Description or Specifications ..............5 -1 Preservation, Packaging, and Packing ....... 6 -1 Deliveries or Performance ..................7 -1 Inspection and Acceptance ..................8 -1 Special Provisions .........................9 -1 thru 9 -3 J -1 Maintenance of Effort ....................9 -3. J -2 Contract Monitor Representative ( Headquarters ) ........................9 -1 J -3 Contract Administering Officer ........... 9 -1 J -4 District Office Deferral Coordinator ..... 9 -1 J -5 Transfer of Title ........................9 -2 J -6 Rights in Data ...........................9 -2 J -7 Idemnification ...........................9 -2 J -8 Acknowledgement or Sponsorship ........... 9 -2 J -9 Supervision and Liaison ..................9 -2 J -10 Direct and Indirect Cost .................9 -2 J -11 Invoice Instruction ......................9 -3 Government Contract Contacts ...............10 -1 General Provisions ..........................1 thru 15. FEP AGENCY: Corpus Christi Human Relations Commission SECTION E - SERVICES ITEM SERVICES ESTIMATED COST 1 Charge Inventory Control System $40,000.00 TOTAL ESTIMATED COST ............ $40,000.00 e -- 4 -9 FEP AGENCY: Corpus Christi H.R.C. SECTION F - DESCRIPTION OR SPECIFICATION The FEP Agency shall use money under this contract to engage in the following projects: Item d has the highest priority and shall be completed first. Upon completion of Item A, or at such time that it is no longer necessary or fruitful to pursue that project, the FEP Agency shall begin to implement Item 2 to the extent possible with the remaining funds. Item 4: The FEP Agency shall engage in a Management Support System Project with the objective of achieving 706 status. Item 2: The Agency shall engage in a Management Support System Project designed to effect an orderly transition from non -706 Agency to 706 designated Agency. t - -- - - -- r -- - 5 -1 - SECTION G- PRESERVATION, PACKAGING, AND PACKING ITEM 1 - Charge /case file materials and reports to be furnish to the District Office shall be adequately packaged to assure safe delivery at the designated office. ITEM 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 FEP Agency and the Commission and other federal authorities including federal courts. 6 -1 SECTION H - DELIVERIES OR PERFORi"ANCE ITEM 1 The services to be furnished under this contract shall be completed by December 14, 1979. ITEM 2 The FEP Agency shall submit a written report each ninety (90) days (with the first report due January 1, 1979) to the EEOC District Office with a copy to the Office of Field Services (State and Local Division), EEOC, 2401 E Street, N.W., Washington, D. C. 20506, which outlines progress under the contract including the nature and amount of all expenditures to date. ITEM 3 The FEP Agency and the Contract Administering Officer will meet at a mutually agreed to location within fifteen (15) days after the 90 day report is due to review its contents and to identify any conditions which may be impeding contract progress. ITEM 4 The FEP Agency and the Contract Administering Officer will prepare a summary of the meeting together with a plan to correct any conditions impeding progress under the contract. A copy of the summary and plan will be furnished to the Office of Field Services (State and Local Division) within ten (10) days after the meeting of the FEP Agency and the Contract Administering Officer. 7 -1 SECTION I - INSPECTION AND ACCEPTANCE Inspection and Acceptance shall be made by the Contract Administering Officer or his designee on behalf of the Director, Office of Field Services at EEOC. 8 -1 SECTION J - SPECIAL PROVISIONS The Special Provisions of this contract are as follows: J -1 MAINTENANCE OF EFFORT It is the intention of the EEOC to provide funds to the FEP Agency in order to supplement it's current level of funding. Therefore, should the FEP Agency or the governmental body which provides its fund reduce the FEP Agency's resources in anticipation of or as a result of EEOC contract funds, the EEOC may consider such reduction in FEP Agency resources to be a material breach of this contract which requires the FEP Agency to return all or a portion of the funds provided by the EEOC under this contract. J 2 CONTRACT MONITOR REPRESENTATIVE (HEADQUARTERS) The Director of the Office of Field Services is designated the overall Government's Contract Monitor Representative. In this capacity, the overall Contract Monitor will provide guidance and direction to the Contract Administering Officer. J -3 CONTRACT ADMINISTERING OFFICER The Contract Administering Officer is the District Director designated in Block #6 of the SF -26, who shall perform necessary liaison with the Contractor. The Contract Administering Officer shall monitor the contract for the Director, Office of Field Services and provide the Contractor with technical guidance. Technical guidance shall mean filling in details or otherwise explaining the scope of work and the requirements set forth in the contract. It is intended that the details or suggestions furnished shall be within the general scope of work as set forth in the contract and shall not constitute any changes in terms and conditions of the contract. The Contract Administering Officer has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. J -4 DISTRICT OFFICE Dl,-PERRAL COORDINATOR The District Office Deferral Coordinator is the designee of the Contract Administering Officer in connection with the performance of this contract. The Deferral Coordinator shall monitor the contract for the Contract Administering Officer and provide the contractor with technical guidance. Technical guidance shall mean filling the details or otherwise explaining the scope of work and the requirements set forth in the contract. It is intended that the details or suggestions furnished shall be within the general scope of work as set forth in the contract and shall not constitute any changes in terms and conditions of the contract. The Deferral Coordinator has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. 01 J -5 ,NSFER OF TITLE Title to equipment and furniture purchased with funds available under this contract shall vest with the FEP Agency upon acquisition or as soon thereafter as feasible without further obligation to the Government. The FEP 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. 1-6 RIGHTS IN DATA The Government and the PEP Agency shall exercise joint ownership over all case files,-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 PEP 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 TITLE VII Confidentiality Provisions. J -7 IDEMNIFICATION The FEP Agency agrees to indemnify the Government, its officers, agents, employees and assignes, for all claims of any nature arising out of performance of this contract, including costs and expenses resulting from such claims. J -8 ACKNOWLEDGEMENT OR SPONSORSHIP The FEP Agency agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communication or release, whether in writing or otherwise, shall be jointly approved by the Contract Administering Officer and the PEP Agency, and shall include a statement to the effect that the project or effort depicted was or is co- sponsored by the Equal Employment Opportunity Commission. J -9 SUPERVISION AND LIAISON The Equal Employment Opportunity 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 -10 DIRECT AND INDIRECT COSTS PEP Agencies are hereby informed that no additional funds will be added for direct or indirect costs that are not already included in the total cost of this contract. 9 -2 J -11 I. E INSTRUCTIONS (a) General. Strict compliance with the instructions will facilitate early payment of invoices. However, no payment can be made until this Contract and subsequent Modifications are returned, properly executed, to the Equal Employment Opportunity Commission, 2401 E Street, N. W., Washington, D. C. 20506: Attn: Contracting Officer, Room 3238. (b) Invoice Forms. The FEP Agency must 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 Contract Administering Officer. Payments shall be invoiced in accordance with the payment schedule attached to this contract. Step 1 - The PEP Agency will prepare, sign and submit copies of "Public Voucher for Purchases and Services Other Than Personal ", Standard Form 1034 to the Contract Administering Officer. Step 2 - The Contract Administering Officer will receive and review the Standard Form 1034. If found correct and proper for payment, the Contract Administering Officer will sign the Standard Form 1034. 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 Finance Branch - Room 3234 2401 E Street, N. W. Washington, D. C. 20506 Step 4 - The Contract Administering Officer will mail the detached yellow copy 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 SCHEDULE SECTION K - GOVERNMENT CONTRACT CONTACT Acting Director Contracts & Procurement Division Place of Acceptance Accounting & Appropriation Data Contract Administration Office Contract Monitor Representative Paying Office FEP Agency Contract and Address (The address to which payments should be mailed by the Government) Contract Administering Officer District Office Contract Specialist 10 -1 William B. Jackson, Acting Director Contracts & Procurement Division 2401 E Street, N.W., Room 3238 Washington, D.C. 20506 Telephone (202) 634 -6989 See Section I of the Schedule See Block 14 of SF -26 See Administration Office in Block 6 of Standard Form 26 Charlotte Frank Director, Office of Field Services EEOC, Finance Branch 2401 E Street, N.W., Room 3228 Washington, D.C. 20506 Telephone (202) 634 -7050 See Block 8 of SF -26 See Block 6 of SF -26 District Director - (SEE BLOCK 6 of SF -26) Ernest H. Barber Contracts & Procurement Division 2401 E Street, N.W., Room 3238 Washington, D.C. 20506 Telephone (202) 634 -7674 SECTION i, - GEN?=AL PROVISIONS TITLE Definitions Changes Limitation of Cost or Funds Allowable Cost, Fixed -Fee, And Payment Examination of Records by Comptroller general Disputes Convict Labor Equal Opportunity Clause Officials Not To Benefit Covenant Against Contingent Fee Utilization Of Small Business Concerns Utilization Of Minority Business Enterprises Utilization Of Labor Surplus Area Concerns Audit Termination For Convenience of The Government Advance Payments Employment Of The Handicapped Disabled Veterans and Veterans of the 17ietnam Era PAGE NUMBER 1 1 2 3 5 6 6 9 9 10 10 -12 13 11-15 L-1 DEFINITIONS (1- 7.102 -1) As used throughout this contract, the following terms shall have the mean- ing 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 civil- ian employee who is properly designated Contracting Officer; and the term 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 "sub- contract 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) Draw- ings, 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 assert- ed 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 increment- ally 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 Con- tractor 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 per- formance 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 cost 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 estimated 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 (includ- ing actions under the Termination Clause) or otherwise to incur cost in excess of the estimated costs 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 increased; 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 purusant 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 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 the Contracting Officer to be allowable in accordance with: (i) Subpart 1 -15.7 of the Federal Procurement Regulations (41 CFR 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 pro- gresses, 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 Contractor is not delinquent in payment of costs of contract performance in the ordinary course of business) costs incurred, but not necessarily paid, for material -.wich 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 ex- cluded from indirect costs for payments purposes until such costs are paid. If pension contributions are 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 purpose until payment has been made. The restriction on payment more —,d 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. (c) 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: Pro- vided however, That after payment of 85 percent of the fixed -fee set forth in the Schedule, the Contracting Officer may withhold further pay- ment 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 re- duction 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 costs. Any payment pay be reducted 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 Con- tractor any balance of allowable cost, and any part of the fixed -fee, which has been withheld pursuant to (c), above, or otherwise not paid to the Contractor. The completion invoice or voucher shall be submitted by the Contractor promptly following 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 Con- tractor 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 in- terest thereon) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (2) A reledse, di-shharging the Government, its officers,. agents, and employees from all liabilities, obliga- tions, and claims arising out of or under this con- tract, subject only to the following exceptions: (i) Special claims in stated amounts or in est- imated amounts where the amounts are not sus- ceptible 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: Pro- vided, 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 Con- tractor 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 would constitute allowable cost under the provisions of this clause shall be included in determining 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 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (1- T.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 Pro- curement 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 the Contractor in- volving 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 author- ia.a 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 $25,000 and (2) subcontracts or pur- chase 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 con -:• tract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of, L -6 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 Con- tractor. The decision of the Contracting Officer shall be final and conclu- sive unless within 30 days from the date of receipt of such copy, the Con- tractor mails or otherwise furnished to the Contracting Officer a written appeal addressed to the head of the agency. The decision of the head of the agency or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of com- petent 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 per- formance 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. L -7 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. 408(c)(2)) and Executive Order 11755, December 29, 1973. 3 EQUAL OppORTUNITY CLAUSE (1-12.803:2) During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not disciminate against any employee or applicant for employment because of race, color, religion, 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 national origin. Such action shall include, but not be limited to, the following: Employment, ungrading, de- motion, 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 pro- visions of this Equal Opportunity Clause. (b) The Contractor will, in all solicitations or advertisements for employ- ees placed by or on behalf of the Contractor, state that all qualified appli- cants 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 or workers with which he has a collective bargining agreement or other contract or uder- standing 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 investigation to ascertain compliance with such rules, reguations, 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, terminaved, or suspended, in whole or in part and the Contractor may be declared ineligible 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 Execu- tive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract 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 in- volved in, or is threatened with, litigation with a subcontractor or vendor as esult of such diikectidn by the Contracting agency, the• Contractor may .guest the United States to enter into such litigation to protect the interests of the United States. L -9 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 part 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-10 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, except- ing bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor or the purpose of securing business, For breach or violation of this warrantly the Government shall have the right to annul this contract without liability or in its discretion to de- duct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee, L-11 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 purchase and contracts for supplies and services for the Government be placed with small business concerns, (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. L -12 UTILIZATION OF MINORITY BUSINESS ENTERPRISES (1- 1.1310 -2a) (a) It is the policy of the Government that minority business enterprises shall have the maximum 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, 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 re- presentatives by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation, L -13 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (The following clause is applicable if this contract exceeds $10,000.) (a) It is the policy of the Government to award contracts to labor surplus area concerns that agree to perform substantially in labor surplus areas, where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere. The con- tractor agrees to use his best efforts to place his subcontracts in accord- ance 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 Con- cerns", the Contractor in placing his subcontracts shall observe the follow- ing order of preference: (1) Small business concerns that are labor surplus area concerns, (2) other small business concerns, and (3) other labor sur- plus area concerns. (c)(1) The term "labor surplus area" means a geographical area identified by the Department of Labor as an area of concerntrated unemployment or under- employment or an area of labor surplus. (2) The term "labor surplus area concern" means a concern that together with its first -tier subcontractors will perform substantially in labor surplus areas. (3) The term "perform substantially in a labor surplus area" means that the costs incurred on account of manufacturing production, or appropriate services in labor surplus areas exceed 50 percent of the contract price. L -14 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 whatever 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 modi- fication 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 perfor- mance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness, and currency of the cost or pricing data submitted. $i�ltionally, in the case of pricing any change or modification exceeding 0,000 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 examination 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 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. (e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and contracting officer under the Government prime contract. L -15 TERMINATION 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 Government. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with Part 1 -8 of the Federal Procure- ment Regulation (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 pay- ment provisions of this contract for services rendered prior to the effective date of termination. L -16 ADVANCE PAYMENTS "The following clause shall govern advance payments to the contractor. (a) Amount of Advance. At the request of the contractor, and subject to the conditions hereinafter set forth, the government shall make an advance payment, in accordance with the Payment Schedule or advance payments from time to time, to the Contractor. No advance payment shall be made (1) with- out the approval of the Office administering advance payments (hereinafter called the "Administering Office" and designated in paragraph (d) (hereof) as to the financial necessity therefore; (2) in any amount which together with the unliquidated balance of all advance payments theretofore made, shall 10 _.cceed the amount stated in paragraph (d) (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 the Government such part of the unliquidated balance of advance payment as shall, in the opinion of the Administering Office, be in excess of current needs. The Contractor shall be deemed in compliance with the time requirement of the preceeding 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 Government, shall have deposited such request in the hands of the state or political sub- division comptroller, Treasurer, or other state or political subdivision Official responsible for disbursing state or political subdivision funds, and shall have presented a of 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 request is unreasonable, may appeal the matter of the Executive Director of the Commission, whose decision shall be final. (c) Information- Access to Records. The Contractor shall furnish to the Administering Office signed statements of expenditures. (See Attachment #1 for drafts of said required report). The Contractor shall also provide financial reports at such other intervals as may be required upon reasonable notice given. The Contractor shall, at all reasonable times, afford to authorized representatives of the Government proper facilities for inspec- tion of the Contractor's books, records and accounts. (d) Designations and Determinations (1) Amount. The unliquidated balance of advanced payments at any time outstanding hereunder shall not exceed 25% (2) Administering Office. The Office administering advance payments is designated as District Director, District Office, the address which is stated in Block No. 6 of Standard Form 26. (e) Other Security. The terms of this contract shall be considered adequate security for advance payments hereunder. (f) 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 encumberance of any character except as shown in the financial statements furnished by the contractor to the Administering Office. There has been no assignment of claims under this contract affected by these advance payment pro- visions, or if there has been any assignment, such assign- ment have been terminated. 11 (3) All information furnished by the Contractor to the Administering Office in connection with such request for advance payment is true and correct to the best knowledge of the Chief administering officer to the Contractor. (4) These representations and warranties shall be contin- uing and shall be deemed to have been repeated by the submission of each invoice for advance payments. (g) Convenants. During the period of time that advance payments may be made hereunder and so long as such advance payments remain unliquidated, the Contractor shall not without the prior written consent of the Administering Office: (1) Sell, convey, lease, mortgage, pledge, or otherwise encumber, of 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. (2) Make any advance or loan to or incur any liability as guarantor, surety, or accomondation endorser for any firm, person, or corporation. (3) Permit a writ of attachment or any similar process to be issued against its property without procuring re- lease thereof or bonding the same within thirty (30) days after the entry of the writ of attachment or any similar process. 12 T EMPLOYMENT OF THE HANDICAPPED (This clause is applicable to contracts and subcontracts for $2500 or MORE) (a) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental hanicap 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 employ- ment practices such as the following: employment, ungrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including appre- ticeship. (b) The contractor agees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. (c) In the event of the contractor's noncompliance with the requirements of this clause, actions for non - compliance may be taken in accordance with the rules, regulations and relevant order of the Secretary of Labor issued pur- suant to the act. (d) The Contractor agees to post in conspicuous places, available to employees and applicants for employment, notice in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor, provided by or through the contracting officer. Such notices shall state 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 of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract under- standing that the contractor is bound by the terms of section 503 of the Act and is committed to take affirmative action to employ and advance in employ- ment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in every sub- contract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub- contract or purchase order as the Director, Office of Federal Contract Com- pliance Programs, may direct to enforce such provisions, including action for noncompliance. 13 L-18 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (THIS CLAUSE IS APPLICABLE TO CONTRACTS OR PURCHASE ORDER OF $10,000 OR MORE) (a) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era 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 disabled veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following; employ- ment, ungrading, demotion or transfer, recruitments, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contractor agrees 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 establish- ment of the contractor other than the one wherein the contract is being per- formed but excluding those of independently operated coporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. State and Local government agencies holding Federal Contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment services. (c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. (d) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. (e) The provisions of paragraph (b) and (c) of this clause do 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 applicants outside of his own organization or employer -union arrangement for the opening. 14 As used in this Clause: ('1) "All suitable employment openings" includes, is not limited to,' opening which occur in the following job'categories: production and non - production; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and $rofessional openings that are compensated on a salary basis of less than v25,000 per year. This 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 arrange- ment nor openings in an education institution which are restricted to students of that institution. Under the most compelling cirsumstances an employment open- ing may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government, (2) "Appropriate office of the State employment service system" means the local Office of the Federal /State National System of public employment offices with si,e i1f serving area employment nn is to beflled includngtheDistri tfColumbaGuam, PueroR co and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organ- ization" means employment openings for which no consideration will be given persons outside the contractor's organization (including any affiliates, sub- sidiaries, and the parent companies includes any openings which the con- tractor proposes to fill from regularly established 'recall" list. (4) "Openings which the contractor proposes to fill pursuant to a customary and tranditional employer -union hiring arrangement means employment 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 re- presentatives of his employees. (g) order ofrtheoSecretar to comply with the "fules regulations, and relevant Secretary of Labor issued pursuant to the Act. (h) In the event of the contractor's noncompliance with the requirements of this clause actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (i) The contractor agees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ and advance,in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. (j) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract under- standing that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era. (k) The contractor will include the provisions of this clause in every sub- contract or purchase order of $10,000 or more unless exempted by rules, regula- tions, or orders of the Secretary issued pursuant to the Act, 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 Director of the Office Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance. 15 APPROPRIATION DATA SHEET CONTRACT NUMBER: CONTRACTOR`S NAME: CORPUS CHRISTI HUMAN RELATIONS COMMISSION 4100 Request for payments other than as scheduled' II will be considered and allowed where warranted �lp by progress made or necessitated by FEP Agency 6• budgetary concerns and approval by the EEOC District Director. Standard Form 1034 must be filed to obtain each Payment. PAYMENT SCHUDULE Id DATE # AMOUNT pi OCTOBER'15, 1978 $8,000.00 JANUARY 15, 1979 $8,000.00 APRIL 15, 1979 $8,000.00 " •1�4?• JULY-15, 1979 $8,000.00 OCTOBER'15, 1979 $8,000.00 TOTAL q" i •', $40,000.00 ilp, Above funds authorized for obligation for the �d purpose contemplated by the above identified f } contractual document. Director, Finance Branch- {I Corpus Christi, Tex 27 day of 1972 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. L Respectfully, _-4— THE CITY /OF The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez,, Jr. Edward L. Sample 14529 e: , TEXAS