ORD 33604 - Amendment to contract with NE Human Society for care and control of animals 14,
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RECEIVED
Honorable President and
95 JUL 20 P1i 1: 3 I
4 � Members of the City Council,
44ED FEtW*
CITY CLERK
City of Omaha pM HA, NF3RASKI
Hal Daub,Mayor The attached Ordinance approves an Amendment to the Contract 3etween the
City of Omaha and the Nebraska Humane Society, a nonprofit corporation and
Omaha Police Department authorizes the Mayor to sign the Amendment to the Contract. Currently, the
505 South 15th Street
Omaha,Nebraska 68102-2769 contract between the City and the Nebraska Humane Society provides that the
(402)444-5600 Nebraska Humane Society utilize its shelter, staff, and facilities to carry out the
James N.Skinner laws and ordinances concerning the care and control of animals within the limits
Chief of Police of the City of Omaha as defined by the zoning jurisdiction, including annexations
(402)444-5666 thereto from January 1, 1995 through December 31, 1995 for the amount of
FAX:444-4225 $174,800.00 for the year.
The attached Amendment to the Contract extends the term of the contract from
January 1, 1995 through December 31, 1998 with compensation continuing in the
amount of$174,800.00 per year.
Funds to pay the Nebraska Humane Society for the remainder of 1995 shall
continue to be paid from Community Service Programs Fund 120, Agency 180,
Organization 1813 and from January 1, 1996 through December 31, 1998 shall
be paid from Police Department, Agency 132, Organization 1348.
The Nebraska Humane Society has on file an Annual Contract Compliance
Report Form (CC-1). As is City policy, the Human Relations Director will
review the Contractor to ensure compliance with the Contract Compliance
Ordinance.
Sincerely yours, Approved as to Funding:
James N. Skinner Louis A. D'Ercole, Acting Director
Chief of Police Finance Department -
Approved: Referred to the City Council for
Consideration:
Diane L. Thomas, Director M or's O fi
Human Relations Department
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ORDINANCE NO. 3 j�
AN ORDINANCE to approve an Amendment to the Contract between the City of Omaha, a
municipal corporation,and the Nebraska Humane Society,a nonprofit corporation,8801 Fort
Street, Omaha, Nebraska in accordance with §10-142 of the Omaha Municipal Code
involving contract amendments and in accordance with Section 5.17 of the Home Rule
Charter of the City of Omaha involving the payment of money from appropriations of more
than one (1) year for the purpose of continuing the engagement of the Nebraska Humane
Society to utilize its shelter, staff, and facilities to carry out the laws and ordinances
concerning the care and control of animals within the limits of the City of Omaha as defined
by the zoning jurisdiction, including annexations thereto, during the term of this contract as
amended, from January 1, 1995 through and including December 31, 1998 for consideration
in the amount of $174,800.00 per year to be paid for the remainder of 1995 from the
Community Service Programs Fund 120,Agency 180, Organization 1813 and for the years
1996 through 1998 from Police Department, Agency 132, Organization 1348.
it
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That approval, in accordance with Section 5.17 of the Home Rule Charter of the
City of Omaha, 1956 and §10-142 of the Omaha Municipal Code,is given to the Amendment to the
Contract between the City of Omaha and the Nebraska Humane Society involving the payment of
money from appropriations of more than one (1) year to furnish the shelter, staff and facilities to
carry out the laws and ordinances concerning the care and control of animals within the limits of the
City of Omaha as defined by the zoning jurisdiction, including annexations thereto, during the term
of this contract as amended, from January 1, 1995 through and including December 31, 1998 for
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ORDINANCE NO. 336//
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consideration in the amount of$174,800.00 per year to be paid for the remainder of 1995 from the
Community Service Programs Fund 120, Agency 180, Organization 1813 and for the years 1996
through 1998 from Police Department,Agency 132, Organization 1348. A copy of the Contract and
this Amendment to the Contract are attached hereto and by this reference made a part hereof.
Section 2. That this Ordinance shall be in full force and take effect fifteen(15) days from
and after the date of its passage.
INTRODUCED BY COUNCILMEMBER:
APPROVED BY:
IV!
MA OR OF THE CITY OF OMAHA DA'
PASSED AUG - 8 1995 - / _ Yto.
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ATTEST:
/7 ;SeJl
44, THE CITY OF OMAHA
APPROVED AS TO FORM:
zi/7;
ASSIST A CITY ATTORNEY
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AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF OMAHA
AND THE NEBRASKA HUMANE SOCIETY
This Amendment to the Contract was made and entered into this /0 day ofus,1995 by and
between the City of Omaha,a municipal corporation, 1819 Famam Street Omaha,Nebraska 68183
and the Nebraska Humane Society, a Nebraska nonprofit corporation with its principal place of
business at 8801 Fort Street, Omaha,Nebraska 68134.
WHEREAS,the City of Omaha and the Nebraska Humane Society entered into a contract
on December 22, 1994 for the purpose of engaging the Nebraska Humane Society to utilize its
shelter, staff, and facilities to carry out the laws and ordinances concerning the care and control of
animals within the limits of the City of Omaha as defined by the zoning jurisdiction, including
annexations thereto, during the term of this contract; and,
WHEREAS,the parties to that contract now desire to amend said contract by changing the
following: (1) The term of the contract from one (1)year (January 1, 1995 through December 31,
1995)to (3)three years with the contract to expire on December 31, 1998; (2) By setting forth, for
the years 1996, 1997, and 1998, the amount of compensation to be paid to the Nebraska Humane
Society by the City of Omaha; and (3) Adding sections on termination and amendment of the
contract set forth below.
NOW,THEREFORE,the parties agree:
THAT,Sections III and IV of the Contract entered into between the parties on December 22,
1994 is hereby amended to read as follows:
III. TERM.
This contract shall be in full force and effect from the 1st day of January, 1995
through and including the 31st day of December 1998.
IV. CONSIDERATION.
In consideration of the services herein provided,the City agrees to pay the Contractor
the sum of One Hundred Seventy-four-Thousand Eight Hundred Dollars
($174,800.00)per calendar year,payable as follows:
1995 1996 1997 1998
January 1 $43,700.00 $43,700.00 $43,700.00 $43,700.00
April 1 $43,700.00 $43,700.00 $43,700.00 $43,700.00
July 1 $43,700.00 $43,700.00 $43,700.00 $43,700.00
October 1 $43.700.00 $43,700.00 $43,700.00 $43,700.00
Total $174,800.00 $174,800.00 $174,800.00 $174,800.00
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Further, the Contractor shall be entitled to a sum equal to one hundred percent
(100%) of the license fees and impound fees collected in accordance with the
provisions of Chapter 6 Animals and Fowl of the Omaha Municipal Code, and said
fees shall be paid and accounted for in accordance with the terms and provisions of
Municipal Code.
Either party may request a renegotiation of the price terms of this contract due to
funding or budgetary considerations. The party requesting renegotiation must send
a written request setting forth its proposal to the other parry's authorized
representative by June 1, of the year prior to the year for which the renegotiated
terms are sought. No such change may be made without amendment to this contract.
In the event the parties are unable to successfully renegotiate the contract, the
contract may be terminated as provided in Section XVIII Termination.
THAT, Section XVIII TERMINATION shall be added to the contract as set forth below:
XVIII. TERMINATION.
This contract may be terminated:
(a). upon the failure of either party to satisfactorily perform or pay under any of the
covenants or provisions contained herein. If either party fails to perform or pay, as
provided herein, the nondefaulting party shall give immediate written notice to the
defaulting party, setting out the event or events of default, at the address provided
herein. Thereafter,the defaulting party shall have sixty(60)days to cure any default
or to arrive at a mutual resolution of the event or events of default with the other
party. If the event or events of the default cannot be mutually resolved within the
time period,the nondefaulting party may terminate the contract at the end of this cure
period; and
(b) by either party upon written notice to the other party of such termination 3
months prior to the proposed effective date of termination.
THAT, Section XIV AMENDMENT TO CONTRACT.
Any amendment to contracts or purchases which,taken alone, increases the original
bid price as awarded(a)by ten(10)percent, if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000)or more, shall be approved by the city council in advance of acceptance of
any purchases in excess of such limits or the authorization of any additional work in
excess of such limits. However, neither contract nor purchase amendments will be
split to avoid advance approval of the city council.
The originally approved scope and primary features of a contract or purchase will not
be significantly revised as a result of amendments not approved in advance by the
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city council. The provisions of this section will be quoted in all future city contracts.
Nothing in this section is intended to alter the authority of the mayor under section
5.16 of the Charter to approve immediate purchases.
The parties further agree that except as herein expressly provided, the Contract entered into
by the parties on December 22, 1994, shall be unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the
Contract as of the date first above written.
ATTEST: NEBRASKA HUMANE SOCIETY, a
Nebraska Nonprofit Corporation
-W
girt, /Non .Michael . , President
ATTEST: CITY OF OMAHA,a Municipal Corporation
C f Y RK Hal Daub, Mayor
APPROVED AS TO FORM:
1/
47&
Assistant City Attorney
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CONTRACT O RACT
THIS CONTRACT is entered into by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska, also referred to as "City," and the Nebraska Humane -
Society, a Nebraska nonprofit corporation with its principal place of business at 8801 Fort Street,
Omaha, Douglas County, Nebraska, also referred to as "Contractor."
RECITALS
WHEREAS, in furtherance of the health, welfare, and safety of the residents and citizens of
the city of Omaha,the City recognizes the need for control of animals, both domestic and wild; and,
WHEREAS,the statutes of the State of Nebraska and the ordinances of the City of Omaha
provide laws governing the care and control of animals, both domestic and wild; and,
WHEREAS,the City has no pound,poundmaster,staff,or facilities to enforce said state laws
or city ordinances; and,
WHEREAS,under the provisions of the Omaha Municipal Code,the Mayor and the Council
are authorized to enter into a contract for the purpose of providing a shelter, staff, and facilities and
carrying out the enforcement of city ordinances or state laws; and,
WHEREAS, the Nebraska Humane Society owns and operates a shelter, maintains a staff
and facilities, and is capable and desirous of providing the City with certain enumerated services to
enforce and carry out the laws and ordinances for the care and control of animals within the limits
of the City of Omaha as defined by the zoning jurisdiction, including annexations thereto,during the
term of this contract.
IN CONSIDERATION of these mutual covenants,the parties agree as follows:
I. DUTIES OF THE CITY.
The City, in fulfilling the conditions of this contract for services rendered, agrees and
covenants with the Contractor as follows:
1. To cooperate with the Nebraska Humane Society and to furnish the services of the
City Law Department,the Douglas County Health Department and the Omaha Police
Department whenever, in the sole determination of the City, it shall be necessary to
aid in the enforcement and administration of the city ordinances under Chapter 6 of
the Omaha Municipal Code.
2. To review and monitor all the activities and functions of the Nebraska Humane
Society relating to this contract.
3. To prescribe accounting systems for records and accounts.
4. To require progress reports, including a contract completion report, of the activities
and functions of the Contractor.
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II. DUTIES OF THE CONTRACTOR.
In carrying out the terms of this contract, Contractor agrees to provide the following services:
1. To furnish monthly reports of its activities to the Chief of Police of the City of
Omaha.
2. To issue licenses required according to the provisions of the ordinance contained in
Chapter 6 of the Omaha Municipal Code, and to enforce and carry out all the
licensing requirements relating to animals under Chapter 6 of such Code.
3. To furnish bond in the minimum amount of Ten Thousand Dollars ($10,000.00) for
each employee involved in the handling of funds collected from the sale of licenses
or monies received for impound fees; said bond may be evidenced by a certificate of
insurance furnished from the Contractor to the City.
4. To act as poundmaster and to carry out the duties provided under Chapter 6 of the
Omaha Municipal Code,or as hereafter amended,and,within its authority,to enforce
all laws, city ordinances,rules and regulations of the City of Omaha and the State of
Nebraska relating to the control of animals, both domestic and wild, within the city •
limits and the area of the three-mile boundary of the City of Omaha,and to utilize the
• assistance of the Omaha Police Division in the enforcement of the above laws.
5. To furnish the facilities and services of a shelter, shelter director, and staff to enforce
and administer the provisions of Chapter 6 of the Omaha Municipal Code.
6. To conform and coordinate its hiring procedures of animal control officers with those
of the City of Omaha and obtain approval by the Chief of Police of the City of
Omaha of the hiring of said animal control officers.
7. To collect and dispose of, after reasonable notification, all dead animals of any kind,
nature and description from the streets, alleys, boulevards, or any public property
dedicated, owned and controlled by the City of Omaha, and from private property
when permission is granted by the landowner or when request is made by a
landowner to remove said animals, either alive or dead.
8. To maintain a minimum of ten(10) equipped vehicles for animal control, including
necessary personnel, on Monday through Friday, with the hours of operation to be
determined by calls from citizens between 8:00 a.m. and 12:00 midnight on each
weekday; on Saturdays and Sundays the Contractor agrees to operate and maintain
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four (4) equipped vehicles for animal control, including necessary personnel, with
the hours of operation to be determined by calls from citizens between 8:00 a.m. and
12:00 midnight; on holidays the Contractor agrees to operate and maintain three (3)
equipped vehicles for animal control, including necessary personnel, with the hours
of operation to be determined by calls from citizens between 8:00 a.m. and 12:00
midnight; further, the Contractor agrees to have available a minimum of three (3)
equipped vehicles for animal control on an on-call or emergency basis (emergency
calls are considered to be any situation which clearly indicates need in the judgment
of the Contractor for the use of an equipped vehicle for the reasonable protection of
animals, property, or persons)during the hours of 12:00 midnight to 8:00 a.m. seven
days a week; all weekday hours of operation may be subject to variation due to
temporary mechanical failure of the vehicles or to reduced demand.
9. To retain all sums collected and amounts paid to it arising from transactions
involving the transfer of animals or carcasses or arising from the boarding and
keeping of animals.
10. To provide to the City Finance Department a monthly accounting of all fees collected
by the Contractor for the sale of animal licenses.
11. To comply with and expressly follow the provisions of Section 10-162 of the Omaha
•Municipal Code as required by Article V, paragraph 12,hereof.
III. 1ERM.
This contract shall be in full force and effect from the 1st day of January, 1995, through and
including the 31st day of December, 1995.
IV. CONSIDERATION.
In consideration of the services herein provided, the City agrees to pay the Contractor the
sum of One Hundred y-fcufhousand Eight Hundred Dollars ($174:,800.00), payable
as follows:
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January 1, 1995 $ 43,700.00
April 1, 1995 43,700.00
July 1, 1995 43,700.00
October 1, 1995 43.700.00
Total $174,800.00
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Further,the Contractor shall be entitled to a sum equal to one hundred percent (100%) of the
license fees and impound fees collected in accordance with the provisions of Sections 6-61
through and including 6-74 of the Omaha Municipal Code, and said fees shall be paid and
accounted for in accordance with the terms and provisions of these Code sections.
V. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.
Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal
employment provisions of this contract. Refusal by the contractor or subcontractor to
comply with any portion of this program as therein stated and described will subject the
offending party to any or all of the following penalties:
1. Withholding of all future payments under the involved contracts to the contractor in
violation until it is determined that the contractor or subcontractor is in compliance
with the provisions of the contract;
2. Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the contractor or subcontractor demonstrates that he has
established and shall carry out the policies of the program as herein outlined.
VI. NON-DISCRIMINATION.
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color,
sex, age, disability as recognized under 42 USCS §12101 et seq. and Omaha Municipal Code
§13-89, political or religious opinions, affiliations or national origin.
VII. CAPTIONS.
Captions used in this contract are for convenience and are not used in the construction of this
contract.
VIII. APPLICABLE LAW.
Parties to this contract shall conform with all existing and applicable city ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this contract.
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IX. INTEREST OF THE CITY.
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of the City shall have a financial interest, direct or indirect, in any City contract.
Any violation of this section with the knowledge of the person or corporation contracting
with the City shall render the contract voidable by the Mayor or Council.
X. INTEREST OF THE CONTRACTOR.
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The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict with the performance of services required to be
performed under this contract;he further covenants that in the performance of this contract,
no person having any such interest shall be employed.
XI. MERGER.
This contract shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties.
XII. MODIFICATION.
This contract contains the entire agreement of the parties. No representations were made or
relied upon by either party other than those that are expressly set forth herein. No agent,
. employee or other representative of either party is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of the respective parties.
XIII. ASSIGNMENT.
The Contractor may not assign its rights under this contract without the express prior written
consent of the City.
XIV. STRICT COMPLIANCE.
All provisions of this contract and each and every document that shall be attached shall be
strictly complied with as written, and no substitution or change shall be made except upon
written direction from authorized representative.
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XV. INDEMNIFICATION.
The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees
and agents, from all claims, suits or actions of every kind and character made upon or
brought against the said City of Omaha, its officers, employees and agents, for or on account '
of any injuries or damages received or sustained by any party or parties as a result of the
negligence of the said Contractor or its servants, agents and subcontractors in doing the work
herein contracted for and also from all claims of damage in fulfilling this contract.
XVI. CODE PROVISIONS.
During the term of this Contract the Contractor shall be familiar with and expressly follow
the provisions of Section 10-162 of the Omaha Municipal Code and shall be required to:
1. Maintain records and accounts, including property,personnel, and financial records,
as prescribed by the City to assure an accounting of all contract expenses;
2. Make such records and accounts available for audit purposes to the Finance Director,
or any other authorized City representative;
3. Retain such records and accounts for a period of five (5)years;
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4. Submit a budget to the City Council which shall constitute the limitations on
expenditures for each category, subcategory and line item of expense;
5. Not exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
6. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
7. Submit to the City Council a contract completion report; and,
8. Be subject to all federal and local legislation prohibitingdiscrimination including
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Title VI of the Civil Rights Act, the fair employment practices ordinance and the
provisions of the Home Rule Charter of the City of Omaha, 1956.
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XVII. AUTHORIZED REPRESENTATIVE.
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for purposes of notice, including legal service of process, during the
term of this contract and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be the authorized representatives of the parties:
(1) City of Omaha
James N. Skinner
Omaha Police Headquarters
505 South 15th Street
Omaha,Nebraska 68102
(2) Nebraska Humane Society
Michael J. Yudelson
8801 Fort Street
Omaha,Nebraska 68134
EXECUTED this 7th day of December , 19 94
AlT•hST: NEB'NEB 1 SKA HUMANE SOCIETY, a
• Nee •• a Nonprofit orporation
%y C
�/� / /'
Secretary Mi udelson,,resident
EXECUTED this . �,, day of 19l
A 1TEST: CITY OF 0 a M —ci al Corporation
;.
,,‘'.2L� ;>.-- By . , � , //a
City�Clerk, City of Omaha it 1fayor, f Omaha
�- OVED AS TO FORM:
/1/etv/e/(-:-&41-4
Assistant sty Attorney
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EXHIBIT "A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee applicant for employment
because of race,religion,color,sex,national origin,or disability as defined by the Americans
With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
Contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following: Recruited, whether advertising or by other means;
compensated; selected for training, including apprenticeship;promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the •
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees.and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms containing
the information and reports required by the Federal government for Federal contracts under
Federal rules and regulations,and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to
the Contract Compliance Officer shall be those which are related to Paragraphs (1) through
(7) of this subsection and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through(7) herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City, the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving Federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
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