Res 2924 12/1/1981RESOLUTION NO. . V L
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH
NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR
FAMILY PRACTICE RESIDENCY PROGRAM.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and North Central Texas
Medical Foundation, for a Family Practice Residency Program,
is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 1st day of December, 1981.
M A Y 0 R
ATTEST:
City Clerk
4/
General Revenue Sharing
Project Title: North Central Texas
Medical Foundation
Family Practice
Residency Program)
Effective Date: October 1, 1981
THE STATE OF TEXAS #
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART 1
AGREEMENT
This AGREEMENT entered into as of the 1st day of October, 1981, by and
between the City of Wichita Falls, Texas (hereinafter called the "CITY") and the
North Central Texas Medical Foundation (hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS , the CITY has entered into a contract with the UNITED STATES
OF AMERICA for the implementation of a program of local assistance for the City
of Wichita Falls, Texas pursuant to the State and Local Fiscal Assistance Act of
1972, Title of Public Law 92-512, as amended, and
WHEREAS, the CITY desires to engage the CONTRACTOR to render certain
services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a sat-
isfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and shall be
undertaken in the light of the purposes of this contract; but, in any event, this
contract shall terminate on September 30, 1982.
3. Compensation. The CITY agrees to pay to the CONTRACTOR a
maximum amount of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) which
shall constitute full and complete compensation for CON'TRAUTOR'S services and
expenses incurred under this Contract. Such sum shall be paid to CONTRACTOR
as set out below.
4. Method of Payment. Payments shall be made in twelve equal payments
of up to $11,666.66 per month from October 1981 through September 1982. Pay-
ments shall be processed monthly upon receipt of a request for funding.
2 -
5. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
Exhibit B." Said budget, and any account set out therein, can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
request by the CONTRACTOR, line item changes may be made in the budget
referred to herein without further City Council action if approved by the City
Manager; provided, however, no such change may alter the intent or purposes
of this Contract without further approval by the City Council of the CITY. In
no event shall the CITY be required to pay more than ONE HUNDRED FORTY
THOUSAND DOLLARS ($140,000) to CONTRACTOR under the terms of this
Contract.
6. CONTRACTOR'S Contribution. In the event that the total sum to be
paid by the CITY to the CONTRACTOR under the terms of this AGREEMENT is
not sufficient for the CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall provide sufficient
funds, whether from its own or other non-City sources, for continued performance
to fulfill the terms of this Contract.
7. Refund. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted, or, upon approval of the City and as provided
for under subsequent contracts or arrangements, may apply such budget balances
to such future fundings as may be provided by the CITY.
8. Property. Upon termination of the Wichita Falls Family Practice
Residency Program, however brought about, any and all non-expendable equipment,
supplies or other items purchased by CONTRACTOR with funds paid by or to
CONTRACTOR under the terms hereof shall become the property of the CITY.
9. Non-Obligation of General Fund. It is expressly understood that this
Contract in no way obligates the General Fund of the CITY and is contingent upon
receipt of federal funds from the Department of Treasury.
10. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
Part II - Terms and Conditions."
L
3 -
U. Compliance with Rules and Regulations. It is further agreed between
the parties that in the event the UNITED STATES OF AMERICA publishes addi-
tional rules and regulations or by the passage of any laws which are required to
become a part of the Agreement with the CITY in connection with the State and
Local Fiscal Assistance Act of 1972, as amended, it is then agreed between the
parties hereto that such rules, regulations, and laws become a part of this con-
tractual obligation and become incorporated herein and will be complied with
accordingly by said CONTRACTOR.
12. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of the funds
provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A certi-
ficate,assuring all persons handling funds received or disbursed under this
Contract are properly bonded, shall be forwarded to the CITY prior to the initial
disbursement of funds to CONTRACTOR. If the bond or bonds provided herein
are cancelled or reduced, the CONTRACTOR shall immediately notify the CITY.
In that event, the CITY shall not make any further disbursements to CONTRACTOR
until adequate bonding has been obtained.
13. Financial Reports. A budget report, to contain such reasonable
financial information and ciata Mas CI1Y' deems necessary, shall be submitted tothe
CITY by the CONTRACTOR monthly. In addition, the CONTRACTOR shall prepare
and furnish to the CITY within thirty (30) days of the enactment of this Contract,
a Fiscal Prognosis, setting forth the percentage and actual monetary amount by
month and by the item, of the total budget that will be expended during the term
of this Contract.
The CONTRACTOR and'the CITY mutually agree that in the event that
the CONTRACTOR'S actual monthly expenditures do not correspond with the
amount budgeted for that month and in absence of specific explanation, with
reference to the CONTRACTOR'S Fiscal Prognosis, that the CITY shall have the
right to amend the budget of this Contract.
The funding of this Contract in no way commits the CITY to future funding
beyond the current Contract period. Any future funding is solely the responsibility
of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and the NORTH CENTRAL TEXAS
MEDICAL FOUNDATION have hereunto set our hands on the day of
1981.
4 -
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J. Thomas, City Clerk NORTH CENTRAL TEXAS MEDICAL
FOUNDATION
BY:
APPROVED AS TO LEGALITY AND
FORM:
H. P. Hodge, Jr. , City Attorney
EXHIBIT A
1. Contractor agrees to train twelve (12) family practitioners during the
contract period.
2. Contractor agrees that the residents will provide direct patient care in
the Clinic as follows:
First year residents; 6 patients/week/resident
Second year residents:24 patients/week/resident
Third year residents: 60 patients/week/resident
3. Contractor agrees that the residents will provide in-patient care as
follows:
First year residents: 10 patients averaged over a year
Second year residents:10 patients averaged over a year
Third year residents: 6-8 patients averaged over a year
4. Contractor agrees to provide community education in health matters,
including, but not limited to, assisting the City-County Health Department
in conducting public health education programs.
5. Contractor agrees to provide service to the City-Counth Health Department
by having residents and faculty see all patients at pediatric clinics.
6. Contractor agrees to provide physician care to all obstetric patients at the
City-County Health Unit.
7. Contractor agrees to provide health education to city employees.
8. Contractor agrees to assist the City of Wichita Falls in its employee
assistance programs including, but not limited to, the areas of mental
health, alcoholism,..drug-abuse- a.nd.physical=fitness:-- - - - - - -
9. Contractor agrees to provide, upon request, inpatient care for City jail
inmates.
10. Contractor agrees to provide o u tpat i ent care for City jail inmatesates at
Contractor's Family Health Center and/or in the emergency rooms of
Wichita General and Bethania Hospitals.
r
rn - 0 N - r p- - x
a 0 I-' C> - W N I— F—' I—' h-' I— I-
rt H CO I—• H L N W N N I- H I—G
CD > Cn O O O O co 1- I- W N H >Z
rZ r co 1 co H• O
H H 1 0 C] H O J rt r
H 0 H W a) 0 rt G
H9 W w
m to D) 3 a)ro
r, H co co H
T1 a
Co rt n
rt
n, Q— —n a
r H rt
ar
m H w w Cl) CA I
rt
CD G .H. .H.
H
C) w w w 1-r1 H
n n 0- 0
IH'•
H• H Co x h
0 CD CD CD H w
Ur)
n- G
0 Co
H °M H a co co Cl) CI)
rr
I..-. rt rt H co ri 1 I 1 y b fDCIanGHn
Co H n a'
rt
I d a G 'dI--- G W
w C r) n n
J
rt a)
v oaa
co rt CD z
D) co CD CD 'd CD 0 W r'• 11 H Ho H
oa 11 0 mIHa) • 171H0
O a)td CCD G 1---,
H 1- 4
G
rt H co W 0 CD G
m
a H c,7 Co w
C) X a,. r-r
a CDo
0nb
O C) G
a
rt I
G.
co
rt
a) UI Ni HH,
pap O A ON N In %.O I-' W ON
V >H•
li.) 03 O V 03 O1 O V O O, In u' \-O H
V H V W Ni -N LO Ni O -t- vD Ni --. C 'd
O A U, 10 H Ni C..) C' ON k) - 0 r
Xi
C
H
O
Ir'
c
Cl "
Cl
m
71 ^'1 L4 'b 0
co
H' 03 G) p -i C
N Uii U' VD A 03 -P Ni In CC 00 O H d a 0
rt a, ' 3
U' U, 03 C O H 03 A I-' Ni H Co Co d
O Ni U, V Ut O Ni - V V n Ni O `'— Ht"I Si "El
O
1
U'' O In O O VI n n O I C '77
z
m
rt
CD
d Oi
Cl w dH030 •0LHHHHUtWH
O V O V 00 O Ni 03 O In -3•• Co CJ)
O ON I ON O O l,.) D O O O Ni ril
0
0 3- A O 0 ON W W O O O
0
H H H H H H I-, F-'
O O O O O O O O
O O O O O O O O
a••-9. a\V o\n c '
H
GD In rt G G b H GG
H I-- H, O CD CD Cl)
U• a, p O H CX' Co
N H. G
o m 0 w x0d < H- Cn
p oa co O CD CD CD 0 H CI) "Cl
ft
CO w Co a
CD W 'd CD -tn CY N H W w Z
X H H II Ha) - H H G 9
d G H O Cn A) co a) W H
CD rt CD O CD II a) Ft Qa H
G Z
CO 0 Cl'd m w n n Z
0 W G 0 H- Cl) 0
b C) H co CD r
H CD H c./)- co CD co
Co 0 G co ° t m 0 H
CC))
O a. r) 5 5 a) C) • II x
Ni H d O a' rt C
i. G H CD cn Cl
a) Co O CD H rt CD 7
w H C 5 Cl'd a Cl 0 b
OQ
CD o '% 0 b a R ono
li 41 rr H PJ r=) CD CD
d
cn w W n
CD
rOC
rt
E b H I I--'
C o t-' rr Z H
0 x o I
m
o CD H H3
rt Z 0
H Co Z '•t,
Cl) w-•
r•r a 0
O H
rn'b
CD
H
m0a
0 0) H
o w C
rt Cl
d H. H
H O co
G G rt
rn
PART II
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be dis-
bursed by the CONTRACTOR to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor is in compliance with requirements with regard to accounting
and fiscal matters to the extent that are applicable.
2. Definitions - As used in this Contract.
a. Act means the State and Local Fiscal Assistance Act of 1972, Title I
of Public Law 92-512, approved October 20, 1972.
b. City means the City of Wichita Falls, Texas, or its agent.
c. Department means the Department of the Treasury.
d. Entitlement means the amount of payment to which a State government
or unit of local government is entitled as determined by the Secretary pursuant to
an allocation formula contained in the Act and as established by regulation under
this part.
e. Entitlement Funds means the amount of funds paid or payable to a
State government or unit of local government for the entitlement period.
f. Recipient Government means a State government or unit of local
government as defined in this section.
w. . . .: Mo.........,...
g. Secretary means the Secretary of the Treasury or any person duly
authorized by the Secretary to perform the function mentioned.
h. Work Program is the statement describing the contents, intents and
purposes of this Contract.
3. Termination of Contract for Cause. If, through any cause, the CONTRACTOR
shall fail to fulfill in timely and proper manner his obligations under this Contract,
or if the CONTRACTOR shall violate any of the covenants, agreements or stipula-
tions of this Contract, the CITY shall thereupon have the right to terminate this
Contract by giving written notice to the CONTRACTOR of such termination and
specifying the effective date thereof, at least thirty (30) days before the effective
date of termination. In such event, all finished or unfinished documents, data,
surveys, drawings, maps, models, photographs, and reports prepared by the
CONTRACTOR shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
2
of the contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
4. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein,
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
5. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be performed
hereunder. Such changes, including any increase or decrease in the amount of
the CONTRACTOR'S compensation, which are mutually agreed upon by and between
the CITY and the CONTRACTOR shall be incorporated in written amendments to
the Contract.
6. Personnel.
a. The CONTRACTOR represents that he has, or will secure, all per-
sonnel required in performing the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the CITY.
b. The CONTRACTOR shall submit to the CITY a written list of all
employees employed under this Contract (including name, address and position).
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution shall
be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, the State of Texas, or the United States of America shall
be employed to work under this Contract.
7. Assignability. The CONTRACTOR shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the CONTRACTOR
from the CITY under this Contract may be assigned to a bank, trust company, or
3 -
other financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the CITY.
8. Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
Department and/or the CITY, with respect to all matters covered by this Contract.
Except as otherwise authorized by the Department and/or the CITY , the
CONTRACTOR shall retain such records for a period of three years after receipt
of the final payment under this Contract or termination of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts , vouchers, orders and/or any
other accounting documents pertaining in whole or in part to this Contract shall
be clearly identified and readily accessible.
c. Reports and Information. The CONTRACTOR at such time and in
such forms as the Department and/or the CITY may require, shall furnish to the
Department and/or the CITY such statements, records, reports, data, and infor-
mation as the Department and/or the CITY may request pertaining to matters
covered by this Contract. Information relating to personal and medical data will
be treated as confidential.
d. Audits and Inspections. The CONTRACTOR shall at any time during
normal business hours and as often as the Department, CITY, and/or the
Comptroller General of the United States may deem necessary, make available to
the CITY for examination all of its records, and data with respect to all matters
covered by this Contract and shall permit the CITY or its designated authorized
representative to audit and inspect all invoices, materials, payrolls, records of
personnel conditions of employment and other data relating to all matters covered
by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional condition
that may be imposed by the Department or the CITY at any time; or if the grant
to the CITY under Title I of the State and Local Assistance Act of 1972 is
suspended or terminated.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual basis in accordance
with generally accepted accounting principles and standards.
4 -
g. Property Records. A record shall be maintained for each item of
nonexpandable property acquired under this Contract. Nonexpendable property
is property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs Twenty-Five Dollars ($25.00) or more
per unit and is expected to have a useful life of one (1) year or more. Group-
ing of like items such as chairs, with an aggregate cost in excess of Twenty-
Five Dollars ($25.00) , shall also be controlled and accounted for as nonexpendable
property even though the cost of a single item is less than Twenty-Five Dollars
25. 00). The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property
was new or used at time of acquisition. The aggregate of the individual cost
shown on the record cards shall equal the balance in the subsidiary cost account
for nonexpendable property.
A physical inventory shall be taken and reconciled with the record
card at least annually.
At the concltigiot'f""o"f°-a'"project"ot""6ietivity-prbvided-hereunder rall
nonexpendable property acquired for the program shall revert to the CITY, unless
otherwise provided in the Contract.
9. Eligible and Ineligible Costs
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Contract,
costs must:
1. Be necessary and reasonable for proper and efficient execution
of the contractual requirements and in accordance with the approved budget.
2. Be in conformance with any limitations or exclusions in these
instructions, federal laws, or other governing limitations.
3. Be no more liberal than policies, procedures and practices applied
uniformly to both federally assisted and other activities of the CONTRACTOR.
I
5
4. Be accorded consistent treatment through application of account-
ing policy and procedures approved and/or prescribed herein.
5. Be net of all applicable credits such as purchase discounts ,
rebates or allowances, sales of publications or materials, or other income of
refunds.
6. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
7. Be fully documented.
8. Comply with policies governing administrative practices, includ-
ing policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen events.
3. . .Fines.and.-Penalties.-. Costs -resulting<frorn,violations
to comply with federal, state, and local laws and regulations.
4. Contributions and Donations.
5. Entermainment. Costs of amusements, social activities and inci-
dental costs, such as meals, beverages, lodgings, and gratuities, relating to
entertainment except for those reasonable expenses necessary to recruit employees.
6. Interest and Other Financial Costs. Interest on borrowing
however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
8. Travel. Costs in excess of those normally allowed by the
CONTRACTOR. In any case, the difference in cost between first-class air accom-
modations and less-than-first-class air accommodations is not allowed except when
less-than-first-class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
L
6 -
10. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall be limited to that paid for similar work paid by the CITY. In cases where
the kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall be limited to that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved.
11. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall
take appropriate steps to assure compliance.
12. Identification of Documents. All reports, maps, signs, and other documents
completed as a part of this Contract, other than documents exclusively for internal
use within the CITY, shall contain the following information on the front cover of
title page (or in the case of maps or signs in an appropriate block) : This material
prepared in cooperation with the City of Wichita Falls, Texas, month and year of
preparation.
13. Copyright. No report, maps, or other documents produced in whole or
in part under this Contract..,shall_be—s.ubject.Sp .an..applicaticn_fax—copyright.—ay..or,,..... . .
on behalf of the CONTRACTOR.
14. Patent Rights. In the event that any invention, improvement or discovery
may be conceived or first actually reduced to practice or any such contract, the
CONTRACTOR shall give prompt notice thereof to the CITY. Any such invention,
improvement, or discovery, together with all information, designs, specifications,
know-how, data patent rights, and findings in connections therewith which arose
or were developed in the course of the performance of this Contract or any sub-
contract hereunder, shall be made available to the public through the dedication,
assignment to the Government of the United States of America, or other such
means as the Department shall determine.
15. Compliance with Local Laws. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
the CONTRACTOR shall save the CITY harmless with respect to damages arising
from any tort done in performing any of the work embraced by this Contract.
16. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
7
with Title VI of the Civil Rights Act of 1964, and the regulations adopted by
the Department thereunder so that no person shall, on the ground of age, race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
17. Political Activity Prohibited. None of the funds, materials, property,
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
18. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or
defeat legislation pending before the Congress, the Texas State Legislature or
the Board of Aldermen of the City of Wichita Falls, Texas.
19. Equal Employment Opportunity. 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 age, race, color, religion, sex, or national
origin. The CONTRACTOR will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard
to their age, race, color, religion, sex, or national 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 terms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places available
to all employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to age, 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 bargaining agreement or other contract
or understanding, a notice to be provided advising the commitments under this
section, and shall post copies of the notice in conspicuous places available to
the employees and applicants for employment.
d) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
8 -
e) The CONTRACTOR will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto and will permit access
to his books, records, and accounts by the Department or the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
f) In the event of the CONTRACTOR'S noncompliance with the nondis-
crimination clauses of this Contract or with any of the said rules, regulations or
orders, this Contract may be cancelled, terminated, or suspended in whole or
in part, and the CONTRACTOR may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 on September 24, 1965, or by rule or regula-
tion, or order of the Secretary of Labor, or as otherwise provided by law.
g) The CONTRACTOR will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials or to other subcontractor exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of the Executive Order
11246 of September 24, 1965;`so"fliafsuchprov lionswill-be—binc'Cing uponeach'-•
subcontractor or vendor. The CONTRACTOR will take such action with respect
to any subcontract or purchase order as the Department may direct as means of
enforcing such provisions, including sanctions for noncompliance: PROVIDED,
HOWEVER, that in the event a CONTRACTOR becomes involved or is threatened
with litigation with a subcontractor or vendor as the result of such direction by
the Department, the CONTRACTOR may request the United States to enter into
such litigation to protect the interest of the United States.
20. Non-Segregated Facilities. The CONTRACTOR certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The CONTRACTOR covenants that he will not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. As used in this paragraph,
the term "segregated facilities" means any waiting rooms, work areas, restrooms
I
r
9 _
and washrooms, restaurants and other eating areas, time clock, locker room
and other storage or dressing areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in
effect segregated on the basis of age, race, color, creed, or national origin,
because of habit, local custom, or otherwise.
21. Renegotiation. This Contract shall be renegotiated in the event
alternate sources of funding become available during the term of the contractual
agreement.
22. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
r..,.r ... x.•vim.....,......•..,.. +M....M.C* . A M._..L --,