199557ORI GIN^L TO CITY CLERK ' � y'�- 1 9 557
CITY OF ST. PAUL FIOENCIL NO.
OFFICE OF THE CITY CLERK
/YI COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY 0 // / Q If =
COMMISSIONER f —'�(�L 11 DATE
RESOLVED, that the proposed contract between the United
States of America acting through the office of Civil and Defense
Mobilization, and the State of Minnesota and the City of Saint Paul
for institution, conduct and completion of :.Civil Defense Shelter
Survey, in respect of the City of Saint Paul, to be financed
entirely by Federal governmental funds, hereby is approved and
authorized, and the proper City officers hereby are authorized and
directed to execute the same in behalf of the City of Saint Paul, as
the same shall be approved by the Corporation Counsel as to form.
RESOLVED FURTHER, that it is contemplated that the Federal
governmental appropriation for such financing will approximate the
amount of $77,000 and that said proposed contract will be properly
executed in behalf of the United States of America. and the State of
Minnesota, respectively, by their duly authorized representatives.
Council File No. 19557 —By George J.
COUNCILMEN
Yeas Nays
4
Holland
Loss
Mortinson
Mr. President, Vavoulis
5M 5.60 ep 2
VEivoults, mayor —
Resolved, That the proposed contract;
between the United States of America 1
`acting through the office of the Civill
and Defense Mobilization, and the State
of Minnesota and the City of Saint;
Paul for institution, conduct and com-
pletion of a Civil Defense Shelter Sur-
vey, in respect of the City of Saint
Paul, to be financed entirely by Fed- I
?ve- nmental funds, hereby is
—m +hn*ized, and the
Adopted by the CouNW1 8 990 19—
jun V IWO
rved 19—
Ir
Mayor
^ L., frrk TO PRINTER I s 9 7
1995
CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, that the proposed contract between the United
States of America acting through the office of Civil end Defense
Mobilization, and the State of Minnesota and the City of Saint Paul
for institution, conduct and completion of a Civil Defense Shelter
Survey, in respect of the City of Saint Paul, to be financed
entirely by Federal governmental funds, hereby is approved and
authorized, and the proper City officers hereby are authorized and
directed to execute the same in behalf of the City of Saint Paul, as
the same shall be approved by the Corporation Counsel as to form.
RESOLVED FURTHER, that it is contemplated thzt the Federal
governmental appropriation for such financing will approximate the
amount of $77,000 and that said proposed contract will be properly
executed in behalf of the MAted States of America and the State of
Minnesota, respectively, by their duly authorized representatives.
COUNCILMEN
Yeas Nays
C-DeGourc
Holland
Loss
Mortinson
n
Mr. President, Vavoulis
ISM 5.60 MW2
w
Nova 104
Adopted by the Council 19—
N 0 V 8 . 1 Y
Approved 19—
Mayor
November 3, 1960
Mr. Paul J. Calder, Director
Bureau of Civil Defense
City of Saint Paul
Dear Sir:
I hrve examined the proposed form of contract to
be made and executed by and betvern the United States of
America Acting through the office of Civil and Defense
Mobilization, and the State of Minnesota and the City of Saint
Paul, for a Civil refense Shelter Survey of said City, to be
financed by funds in the ^pproximhte amount of-t77,000, to be
appropriated by the Federal Government therefor.
I find the fora of the proposed agreement to be
satisfactory and valid in respect of the ;proposed execution
of the'Fame by the City of Saint Paul, subject to the supplying
' of blanks in Faid form of contract pertaining to the amount
of the Federal Government appropriation and other matters.
Yours very truly,
Louis P. Sheahan
Director of Law
LPS. -B
September 29, 1960
60
ert J. !%iords
CcTp�. °it3aa
CCU-gal
316 City Mall & Co:vt House
Saint Paul 2, Minnesota
Dear Mr. Swords:
Attached is a contract whim has bee* cffercl by the Federal
G,verrvent to the State Civil Defense l .'!fire wtich effacts the
City ^.• ?aiat Paul.
Tte City of Saint Paul is ore sf t',a taw ci+_ias gels :tsd by the
Civil refense National Office for a shelter surasy of the City.
I Fava been t :ld that there will be 477,^O^ fret up by the Federal
Goverraent for this survey &-d I feel fertanate to be one of the
cities selacted.
The State Civil Defense Offict ie sendirg a :spy of this to the
Attorney General fcr his revs=_:: s -d :v=rt*_, a ^d I would appreciate
very r-ish if your cff ice world Alec review this aa3 give me your.
=camerty with reference to it.
Thanking you, I remain
FIX th
Encl.
cc: Mayar .a -oulis
Yours very truly,
Paul J. Calder
Direator
St. Paul Civil Defense
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N
WATER DEPARTMENT
L10 twi ?'`I SAINT PAUL, MINNESOTA
C. W. to iam BOARD OF WATER COMMISSIONERS
A"l 0~4 Moopt COMMISSIONER MRS. DONALD M. DeCOURCY, rreshdeat
.M A. FLACK MILTON ROSEN BERNARD T. HOLLAND
Theodore A. Levehend� Deputy Commis toner
.41110"
October 16, 1960
Mr. Paul J. Balder
Ditactor of Civil Defense
1313 City ball
faint Paul 20 tttiameseta
Dear girt
IMF W. WA
S.,a Of
F. W. 0utAGNMU
Sept. of wow SNly
AM A. THUMA
S"t. Ffte% s
This will confim my statement made to you a short time ap that
we Mould like to have the present facilities Which the Civil Defense
is using in the old pump statten at McCarron vacated, and we are at
the same time agreeable to letting you use the present residence-
adjacent to the pump station for Civil Defense purposes under the
following conditions:
That you Will pay to the departnetit a rental fee eE $60 pir-
month Which includes both heat and light, teat the premises
Will be kept in a neat and presentable o9ndition both inside
and outside, and that no remodeling of *the house Will be
undertaken at any time without peaission from this department.
It Was further agreed between us that your man would at the
proper tim of the year paint the outside of the brick building
and so much of the inside as Would snit your purpose.
If you are agMaable to the above, would you kindly advise u■
so occupancy my be had witkin the every short lnturo as best suits .
your convenience.
Ll"hlop
Very truly yours#•
Leonard f. Tkompson
General Manager
WATER IS THE LIFE BLOOD OF A CITY
OCT 1 1960
C,' �4•f.UL 0111 "
r 1 995
�(INTR O rT
Contract No.
(Negotiated)
This Contract, entered into this day of ,
1960, by the UNITED STATES OF AMERICA, acting through- the OFFICE OF
CIVIL AND DEFENSE MOBILIZATION (hereinafter called the Government)
and the STATE OF acting thru its, ,
and the CITY OF ,
acting thru its (with the State and City jointly being
referred to hereinafter is the Contractor):
S►YITNESSETH:
THAT WHEREAS, by Executive Order No. 10773 of July 1, 1958,
(23 FR 5061) (as amended by Executive Order 10782, dated September 6,
1958) all functions and authority transferred to the President by Reorgan-
ization Plan No. 1 of 1958 (23 FR 4991) (including authority contained in
the Federal Civil Defense Act of 1950, Public Law 920, 81st Congress, as
amended) were delegated to the Director, Office of Civil and Defense
Mobilization (hereinafter called the Director); and
WHEREAS, subsection 201 (d) of the Federal Civil Defense Act of
1950 (P. L. 920, 81st Congress) authorizes the studying and development.of
civil defense 'Measures designed to afford adequate protection of life and
property, including, but not limited to, research and studies as to the best
methods of treating the effects of attack; developing shelter designs and
materials for protective covering or construction and developing equipment
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or facilities and effecting the standardization thereof to meet civil defense
requirements; and
WHEREAS, on March 10, 1959, the Administrator, General Services
Administration, pursuant to the authority contained in the Federal Property
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and Administrative Services Act of 1949; as amended (63 Stat. 377), here-
after referred to as the "Act, " delegated to the Director, Office of Civil
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and Defense Mobilization, the authority to negotiate and execute contracts
for experimental, developmental or research work in accordance with the
provisions of paragraph 11, Section 302 (c) of the Act; and
WHEREAS, in accordance with Section 305 of the Act, the Director
has determined that an advance of funds to the Contractor is in the best
interest of the Government and will result in increased economy and
efficiency in the undertaking of the research and studies on fallout shelter
plans; and
WHEREAS, it has been determined by the State of ,
and the City of
, respectively, that a fallout shelter
survey of the City of should jointly be conducted to
further the development of a shelter plan for the City of ;
and to encourage and assist other communities in the State of
to conduct similar fallout surveys.
NOW,_ THEREFORE, pursuant to the above authority and the findings
and determinations in accordance therewith, the said parties, in considera-
tion of the mutual promises herein expressed, convenant and agree to and
with each other as follows:
ARTICLE I. Scope of the Contract
The Contractor in consultation with the Government, shall furnish
the necessary personnel, services of others, facilities and materials and
shall use its best effort to thoroughly evaluate all the fallout shelter re-
sources located within the city limits of the City of ,
(hereinafter referred to as the "Area ") and shall
"State _
prepare a comprehensive report on this evaluation and survey; provided that
Federal buildings, and installations, located within the area shall not be
included in either the evaluation or survey being conducted by the Contractor
pursuant to this Contract.
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1. The specific research and studies to be undertaken will include:
(a) Making a complete inventory, by individual buildings, of
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the existing and potential (after estimated shelter improvements are made)
fallout shelter located within the'Area all in accordance with Appendix 2
(Annex 10- National Shelter Plan) entitled 'Fallout Shelter Surveys: Guide
` for Architects and Engineers, " dated May, 1960, which is attached hereto,
and by reference herein made a part thereof.
(b) Summarizing on maps of appropriate scale and in tabular form,
the aforesaid 'inventory, including thereon the distribution of the daytime
and nighttime populations of the Area.
(c) On the basis of the data developed in Paragraphs (a) and (b)
above, prepare a study and assessment of the fallout shelter resources of
the Area.
2. A State civil defense engineer will be assigned, without cost to
the Government, to assist in the conduct of the work and services set forth
herein; and following completion of the contract, the State Civil Defense
Engineer will be assigned to utilize the training and knowledge obtained to
encourage and assist other communities in the State of
to undertake an evaluation of the fallout shelter resources located within
their respective communities.
3. Utilizing the information obtained in the performance of work and
services set forth herein, a shelter utilization plan will be developed for
the City of
ARTICLE II. Consideration
1. The Government agrees to pay the Contractor by payment to the
Treasurer of the State of
as complete compensation
for all work and services performed and materials furnished under this
Contract, reimbursable costs as provided in Article III hereof, not to ex-
ceed the sum of ($ ) and the
(S�nan in Writing) (Numbers)
Contractor agrees to use its best efforts to perform the work specified and
all obligations under this Contract within such estimated cost.
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ARTICLE M. Reimbursable Costs
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For the performance of this Contract, the Government shall pay to the
Contractor the cost thereof determined by the Contracting Officer to be
` allowable in accordance with Part III, Office of Civil and Defense Mobiliza-
tion Contract Cost Principles, dated November 17, 1959, and as may be
provided for herein. It being understood and agreed without limiting the
generality of the foregoing, the following shall be considered as allowable
items of cost hereunder, including limitations thereto, when incurred or
paid by the Contractor and when necessary and required and used for the
performance of the work hereunder:
A. Direct Costs Including:
1. Expenditures by the Contractor for the salaries and wages of
professional, technical, clerical, skilled and unskilled employees when
directly engaged in the subject work under this Contract, and the Contractor
warrants that the Contractor's rates of pay to employees engaged for the pur-
poses of this Contract are not in excess of those paid by the Contractor to
other employees of the Contractor in similar or equivalent positions.
(a) Included are: State and Federal payroll taxes, social
security, allowances for vacation, holiday, sick leave, group health,
accident, hospital and group life insurance plans in accordance with the
Contractor's established practice.
(b) Prior to engaging the services of personnel or claiming
reimbursement for any salary payment or consultant services in excess of
Thirteen Thousand Dollars ($13, 000) per annum, written approval will be
secured from the Contracting Officer,
(c) No premium will be paid for any overtime incurred as
a result of work performed under this Contract unless specifically
authorized in writing by the-Contracting Officer.
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2. The procurement of materials and supplies and such other
articles as are necessary for performance of the Contract, including
freight, transportation and material handling.
3. Subcontracting expenditures by the Contractor representing
reimbursement to subcontractors performing any part of the subject work,
in accordance with the "Subcontract" clause of this Contract.
4. Travel expenses, including cost of transportation, lodging
subsistence, and incidental expenses, incurred by contracting personnel
while engaged in, and necessary for, the performance of the contract in
accordance with the Contractor's established travel policy and substantiated
by the Contractor's records.
5. Long distance communications but not including local
telephone calls.
6. Expenditures for the rental of office equipment and office
space; provided that the Contractor shall not be reimbursed for furnishing
equipment or space owned by the. Contractor.
7. Other expenditures not expressly included in the foregoing,
or in the above referred to cost principles, which are specifically approved
in writing by the Contracting Officer.
B. Reimbursement of Costs Incurred
1. Allowable reimbursable costs shall be payable to the Con-
tractor monthly. The Contractor shall submit through the Treasurer of the
State of
to the Government, for its app "royal and payment,
invoices or a Statement on Public Voucher (Government S. F. 1034 and 1035),
in quadruple, of the claimed allowable reimbursable costs incurred in the
performance of the contract during the preceding month. The invoice or '
voucher shall be prepared in such detail and form, and accompanied by
such supporting data, as the Government may require.
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2. As promptly as may be practicable after receipt of
each invoice or voucher, the Government shall make payment thereon
as approved by the Contracting Officer.
_ (a) At the time of final payment under this Contract,
the Contractor and each assignee under an assignment entered into
under this Contract and they_ in effect, shall execute and deliver at the
time of and as a condition precedent to final payment under this Contract,
a release discharging the Government, its officers, agents and employees
of and from all liabilities, cbligations, and claims arising out of or
under this Contract, subject only to the following exceptions:
(1) Specified claims in stated amounts or in
estimated amounts where the amounts are not susceptible of exact
statement by the Contractor.
(2) Claims, together with reasonable expenses
incidental thereto, based upon the liabilities of the Contractor to third
parties arising out of the performance of the Contract, which are not
known to the Contractor on the date of the execution of the release,
and of which the Contractor gives notice in writing to the Contracting
Officer not more than six (6) years after the date of the release or
the date of any notice to the Contractor that the Government is prepared
to make final payments, whichever is earlier.
ARTICLE IV.. Schedule of Performance and Reports
A. The Contractor shall commence performance of the work
and services provided hereunder upon the execution of this Contract,
and shall complete all such work and services provided hereunder,
subject to the limitation of fun4z a.s -provided .fQr -ill tl�i,s Coq;ac,t, within
twelve (12) months of the aforesaid date.
�tM
B. Interim progress reports (in as many copies as may be
requested) and such other reports as the Government may request,
covering all significant data in the areas covered and financial data
showing all monies expended and encumbered, will be prepared and
` submitted by the Contractor as segments of the work are completed.
C. Work and services under this Contract will be considered
complete with the submission to the Government by the Contractor
of the final comprehensive report and analyses set forth in Article I
hereof, (25 Copies) and acceptance thereof by the Government.
ARTICLE V. Eight -Hour Law of 1912- Overtime Compensation
This contract to the extent that it is of a character specified in
the Eight -Hour Law of 1912, as amended (40 U. S. Code 324 -326), and
is not covered by the Walsh- Healey Public Contracts Act (41 U. S. Code
35 -45), is subject to the following provisions and exceptions of said
Eight -Hour Law of 1912, as amended, and to all other provisions and
exceptions of said Law.
No laborer or mechanic doing any part of the work contemplated
by this Contract, in the employ of the Contractor or any subcontractor
contracting for any part of said work contemplated, shall be required or
permitted to work more than eight hours in any one calendar day upon
such work, except upon the condition that compensation is paid to such
laborer or mechanic in accordance with the provisions of this clause.
The wages of every laborer and mechanic employed by the Contractor
or any subcontractor engaged in the performance of this Contract
shall be computed on a basic day rate of eight hours per day; and
work in excess of eight hours per day at not less than one and one-
half times the basic rate of pay. For each violation of the require-
ments of this clause a penalty of five dollars shall be imposed for
each laborer or mechanic for every calendar day in which such employee
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is required or permitted to labor more than eight hours upon said work with-
out receiving compensation computed in accordance with this clause and all
penalities thus imposed shall be withheld for use and benefit of the Govern-
ment.
ARTICLE VI. _ Subcontract
A. The Contractor shall give advance notification to the Contracting
Officer of any proposed subcontract hereunder which (i) is on a cost or
cost-plus -a- fixed -fee basis, or (ii) is on a fixed -price basis exceeding
$1,000.00.
B. The Contractor shall not, without the prior written consent of the
Contracting Officer, place any subcontract which (i) is on a cost or cost-
plus -a- fixed -fee basis, or (ii) is on a fixed -price basis exceeding $1, 000. 00,
or (iii) is on a time - and - material or labor -hour basis. The Contracting
Officer may, in his discretion, ratify in writing any such subcontract; such
action shall constitute the consent of the Contracting Officer as required by
this paragraph "B. "
C. The Contractor agrees that no subcontract placed under this
Contract shall provide for payment on a cost-plus -a -percentage -of -cost
basis.
D. The Contracting Officer may, in his discretion, specifically '
approve in writing any of the provisions of a subcontract. However, such
approval or the consent of the Contracting Officer obtained as required by
this article shall not be construed to constitute a determination of the
allowability of any cost under this Contract, unless such approval specifically
provides that it constitutes a determination of the allowability of such cost.
ARTICLE VII. Termination for Convenience of the Government
The performance of the work under the Contract may be terminated
by the Government in accordance with this clause in whole or from time
to time in part, whether or not the Contractor shall have defaulted
under the Contract. Upon receipt of such notice of termination, the
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Contractor .shall, unless otherwise instructed in said notice,. promptly
discontinue all work provided for hereunder, cancel all subcontracts
or other arrangements relating thereto and take such other steps as
may be appropriate to minimize the incurrence of costs thereafter.
In addition, the Contractor shall transfer to the Government all
materials and data furnished to it by the Government in connection with
the performance of the Contract; and the Contractor shall, upon request
by the Government, prepare such report or reports consolidating the
results of its activities up to the effective date of termination as the
Government may direct. In the event of such termination an equitable
adjustment shall be made by the Government, based upon the costs
incurred by the Contractor up to the date the termination becomes
effective. Any dispute arising out of termination of the contract shall
be treated and disposed of as a dispute under Article XIII of this Contract.
1. ARTICLE VIII. Assignment of Claims
No claim against the United States arising from this Contract
shall be assigned except in accordance with the Assignment of Claims
Act of 1940, as amended (54 Stat. 1029; 31 U. S. Code 203, 41 U. S.
Code 15).
ARTICLE IX. Examination of Records
A. The Contractor agrees to maintain books, records, docu-
ments and other evidence pertaining to the costs and expenses of this
Contract (hereinafter collectively called the "records ") to the extent
and in such detail as will properly reflect all net costs, direct and
indirect, or labor, materials, equipment, supplies, and services, and
other costs and expenses of whatever nature for which reimbursement
is claimed under the provisions of this Contract. The Contractor's
accounting procedures and practices shall be subject to the approval
of the Contracting Officer, provided, however, that no material,
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change will be required to be made in the Contractor's accounting
procedures and practices if they conform to generally accepted
accounting practices and if the costs properly applicable to this
Contract are readily ascertainable therefrom.
B. _ The Contractor .agrees that the Comptroller General of the
United States or any of his duly authorized representatives shall,
until the expiration of three years after final payment under this
Contract, have access to and the _right to examine any directly
pertinent books, documents, papers,, and records of the Contractor
involving transactions related to the contract.
C. The Contractor further agrees to include in all his sub-
contracts hereunder a provision to the effect that the subcontractor
agrees that the Comptroller General of the United States or any of
his duly authorized representatives shall, until the expiration of three
(3) years after final payment under -the subcontract, have access to
and the right to examine any directly pertinent books, documents,
papers, and records of such subcontractors involving transactions
related to the subcontract. . The term "subcontract" as used in this
paragraph (C) only,, excludes (1) purchase orders not exceeding one
thousand dollars ($1, 000) and (2) subcontracts or purchase orders
for public utility services at rates established for uniform applicability
to the general public.
ARTICLE X. Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this Contract upon an
agreement or understanding for a commission, percentage, broker-
age, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the
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Contractor for the purpose of securing business. For breach or violation
of this warranty the Government shall have the right to annul this Contract
without liability or in its discretion to'deduct from the contract price or
consideration the .full amount of such commission, percentage, brokerage
or contingent fee.
ARTICLE XI. Nondiscrimination in Employment
In connection with the performance of work under this Contract, the
Contractor agrees not to discriminate against any employee or applicant for
employment because of race, religion, color, or national origin. The
aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; lay -off or termination; rates of pay or other forms of compen-
sation; and'selection for training; including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees and
applicants for employment, notices to be provided by the Contracting Officer
setting forth the provisions of the nondiscrimination clause. The Contractor
further agrees to insert the foregoing provision in all subcontracts hereunder,
except subcontractors for standard commercial supplies or raw materials.
ARTICLE XII. Officials Not to Benefit
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.
(41 USCA 22; 18 USCA 431 -433).
ARTICLE XIII. Disputes
A. Except as otherwise provided in this Contract, any dispute
(other than a dispute as to the allowability of any cost) concerning a ques-
tion of fact arising under this Contract which is not disposed of by agree-
ment shall be decided by the Contracting Officer, who shall reduce his
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decision to wxiting..a.nd mail or otherwise furnish a copy thereof to the
Contractor. ,Within thirty (30) days from the date of receipt of such copy,
the Contractor may appeal by mailing or otherwise furnish to the Contracting
Officer a written appeal addressed to the Head of the Agency, and the
decision of the Head of the Agency or his duly authorized representative
for the determination of such appeals shall, unless determined by a
court of competent jurisdiction to have been fraudulent or arbitrary or
so grossly erroneous . as necessarily to imply bad faith, or not supported
by substantial evidence, be final and conclusive: Provided, That, if no
such appeal is taken, the decision of the Contracting Officer shall be
final and conclusive. In connection with any appeal proceeding under
this clause, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal. Pending final decision of
a dispute hereunder, the Contractor shall proceed diligently with the
performance of the Contract and in accordance with the Contracting
Officer's decision.
B. A written notice by the cognizant Government Auditor finding
that any amount set forth in any of the Contractor's invoices or public
vouchers and statements of costs does not constitute allowable cost shall
be final and conclusive unless within sixty (60) days from the date of re-
ceipt of a copy of the notice the Contractor mails or otherwise furnishes to
the cognizant Government Auditor a written appeal addressed to the Director,
Contract Audit Division, Office of Civil and Defense Mobilization, Battle
Creek, Michigan. Any dispute as to the allowability of any cost arising
under this Contract by written appeal from the Auditor's finding and which
is not disposed of by agreement shall be decided by the Director, who shall
reduce his decision to writing and mail or otherwise furnish a copy thereof
to the Contractor. The decision of the Director shall be final and conclusive
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unless, within thirty (30) days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the Director 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
competent jurisdiction 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 proceeding in an appeal to
the Head of the Agency under this paragraph, the Contractor shall be
afforded an opportunity to be heard and to offer evidence in support of its
appeal. Pending final decision of a dispute hereunder, the Contractor
shall proceed diligently, with the performance of the contract and in
_accordance with the cognizant Government Auditor's or the Director's
decision, as the case may be.
C. The "Disputes" clause does not preclude consideration of law
questions iri connection with decisions provided for in paragraphs A and
B
above: Provided, That;- nothing in this connection shall be construed
as making final the decision of any administrative official, representative,
or board on a question of law.
ARTICLE XIV. Property of the Government
A. All material developed by the Contractor pursuant to the terms
set forth herein shall be and remain the property of the Government and
shall not be published or used by the Contractor without the written
consent of the Government.
B. -.All- significant materials -preliminary to the data .developed, .and
working papers developed incident to the performance of this contract,
And materials, equipment and devices, purchased or acquired or made in
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the furtherance of this contract shall, be and remain the •p-r-operty of the
Government. Upon completion of the work the Contractor will prepare
and forward to the Government an inventory of all such material, equip-
ment, etc. . Within a period of ninety (90) days from the completion of the
contract, the, Government will furnish the Contractor shipping instructions
as to the Government property; any materials in this category not elected
for retention by the Government will be subject to such disposition as the
Contractor determines..
ARTICLE XV. ..Copyrights
A. The term "Subject Data" as used herein includes writings,
sound recordings, pictorial reproductions, drawings or other - graphical
representations, and works of any similar nature (whether or not copy-
righted) which-are specified to be delivered under this contract. The
term does not include financial reports, cost analyses, and other infor-
mation incidental to contract administration.
B. The Contractor agrees to and does hereby grant to the
Government, and to its officers, agents, and employees acting within
the scope of their official duties, a royalty -free, nonexclusive and
irrevocable license throughout the world for. Government purposes to
publish, translate, reproduce, deliver., perform, dispose of, and to
authorize others so to do, all Subject Data now or hereafter covered by
copyright; provided, that with respect to the-Subject Data now or here-
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after covered by copyright-and not originated in the performance of
this contract, such license shall be only to the extent,that the Contractor,
its employees, or any individual or concern specifically employed or
assigned by the Contractor to originate and prepare such Data under this
contract, now has, or prior to completion or final settlement of this
contract may acquire, the right to grant such license without becoming
liable to pay compensation to others solely because of such grant.
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C. The Contractor shall -- exert -all reasonable effort to advise the
Contracting. Officer, at the time of delivery of the - Subject Data furnished
under this contract, (i) of all invasions of the right of privacy contained
therein and (ii) of all portions of such Data copied from work not composed
r or produced in the performance of this contract and not licensed under
this clause.
D. The Contractor shall report to the Contracting Officer, promptly
and in reasonable written detail, each notice or claim of copyright infringe-
ment received by the Contractor with respect to all Subject Data delivered
under this contract.
E. Nothing contained in this clause shall imply a license to the
Government under any patent or be construed as affecting the scope of any
license or other right, otherwise granted to the Government under any
patent.
F. Subject to the proviso of (B) above and unless otherwise
limited below, the Government may duplicate, use, and disclose in any
manner and for any purpose whatsoever, and have others, so do all
Subject Data delivered under this contract.
G. Notwithstanding any provisions of this contract the Govern-
ment shall have the right at any time to modify, remove, obliterate or
ignore any marking not authorized by the terms of this contract on any
piece of. Subject Data furnished under this contract.
ARTICLE, XVI. Changes
The Contracting Officer, may at any time, by a written order,
within the general scope of this contract; (a) issue additional instructions;
(b) make changes in or additions to drawings, designs, and specifications;
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(c) direct the ,omission of •work ;and services covered by the contract;
(d) require additional work and services, If any such action causes an
increase or decrease in the estimated cost of, or the time required for,
performance of this contract, or otherwise affects any other provision
of this contract, an equitable adjustment shall be made in the estimated
cost or delivery schedule, or both, and in such other provisions of the
contract as may be so affected, and the contract shall, by agreement
in writing, be amended or modified accordingly. Any claim by the
Contractor for adjustment under this clause must be asserted within
thirty (30) days from the date -of receipt by the Contractor of the notifi-
cation .of change. 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, nothing in this clause shall excuse
the Contractor from proceeding with the contract as changed.
ARTICLE XVII. . Default
A. The Government may, subject to the provisions of paragraph
B below, by a written notice of default to the Contractor, terminate
the whole or any part of this contract in any of the following circumstances:
1. If the Contractor fails to make delivery or to perform the
services covered by the contract, within the time specified hereunder or
any extension thereof; or
2. If the Contractor fails to perform any of the other provisions
of this contract, or so, fails to make progress as to, endanger performance
of the contract, in accordance with the terms and in either of these two
circumstances does not cure such failure within the period of ten (10) days
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