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EXHIBIT 10.20
AGREEMENT FOR AIRPORT SECURITY SERVICES
THIS AGREEMENT is entered into as of October 1, 1996, by and between
International Total Services, Inc., an Ohio corporation with its principal
offices at Crown Centre, 0000 Xxxxxxxx Xxxx, Xxxxxxxxx, Xxxx 00000
("Contractor"), and Delta Air Lines, Inc., a Delaware corporation with its
principal office at Xxxxxxxxxx Atlanta International Airport, Xxxxxxx, Xxxxxxx,
00000 ("Delta").
WITNESSETH:
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WHEREAS, Delta desires to obtain supervised uniformed and/or
plainclothes security personnel for the purpose of performing electronic
screening of persons and the search of personal articles passing through
security checkpoint(s) for certain premises and facilities; and
WHEREAS, Contractor is in the business of supplying security personnel
and is willing to provide such services for Delta;
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter set forth, the parties hereto agree as follows:
1. TERM. This Agreement shall be effective as of October 1, 1996, and
shall continue in effect until canceled by Delta upon not less than thirty (30)
days' prior written notice, or by Contractor upon not less than sixty (60) days'
prior written notice.
2. SERVICES AND STANDARDS.
2.1 During the term of this Agreement, Contractor shall
furnish security services to DELTA, as that term is generally understood in the
air transportation industry and as more particularly set forth in Section 2.5
below (such services are sometimes referred to herein as the "work" or the
"services"), at Xxxxxxx X. Hobby Airport located in Houston, Texas (the
"Airport"), in a designated location(s) at the Airport, and Delta retains
Contractor to furnish such services and shall pay Contractor therefor as
hereinafter provided. Contractor shall furnish ALL personnel required to furnish
the services in accordance with this Agreement and, if specified on EXHIBIT A
attached hereto, shall also provide any material, equipment and supplies
specified in Exhibit A, such costs to be included in the fees set forth in
Section 3.
2.2 The services provided under this Agreement shall be of the
first class and shall be performed in a timely and professional manner at all
times, with any supplies and equipment provided by Contractor to be of good
quality.
2.3 All personnel utilized by Contractor shall be properly
attired in uniforms acceptable to Delta and shall be able to perform the
contracted services competently.
2.4 Upon written direction from Delta, Contractor shall
perform security services for any person, firm or corporation for which Delta
performs passenger and/or baggage handling services. In such case, such services
shall be at no additional cost to Delta unless Contractor both incurs additional
costs and such costs have been appropriately authorized by Delta.
2.5 Contractor's services shall include but not be limited to:
(a) Furnishing Delta with a sufficient number of
Contractor's employees ("Security Personnel") to perform electronic screening
of persons and the search of personal articles passing through security
checkpoints at designated locations at the Airport in accordance with Federal
Aviation Regulations Part 108 (C.F.R. part 108), providing seven (7) days per
week coverage on all shifts as required by Delta at the Airport.
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(b) Furnishing uniformed Security Personnel at the
Airport qualified to serve as Checkpoint Security Supervisors in the specific
number and for the specific hours of duty as agreed upon by the parties hereto
from time to time. Each Checkpoint Security Supervisor shall perform duties as
set forth in Delta's Air Carrier Standard Security Program, as approved from
time to time by the Federal Aviation Administration (the "FAA").
2.6 All services shall be furnished by Contractor as an
independent contractor. All personnel utilized by Contractor in the furnishing
of such services shall be employees of Contractor and under no circumstances
shall be deemed employees of Delta. Contractor shall be fully responsible for
all acts and omissions of such personnel. Contractor shall bear sole
responsibility for payment of compensation to its personnel. Contractor shall
withhold (if applicable), pay and report, for all personnel assigned to Delta's
work, federal, state and local income tax withholding, social security taxes,
employment head taxes, and unemployment insurance applicable to such personnel
as employees of Contractor. Contractor shall bear sole ability for any health or
disability insurance, retirement benefits, or welfare, pension or response other
benefits (if any) to which such personnel may be entitled. Contractor agrees to
defend, indemnify, and hold harmless Delta, Delta's officers, directors,
employees and agents, and the administrators of Delta's benefit plans, from and
against any claims, liabilities, or expenses relating to such compensation, tax,
insurance, or benefit matters.
2.7 All services performed hereunder shall be performed in a
manner which ensures health and safety. Contractor shall comply with all laws,
rules, regulations and procedures relating to health and safety. Without
limiting the foregoing general statements of Contractor's obligations,
Contractor shall ensure that its employees wear all personal protective
equipment necessary to protect such employees from potential hazards, including,
without limitation, all personal protective equipment required by applicable
laws, rules, regulations and procedures.
2.8 Contractor shall ensure that all personnel utilized in the
performance of the services required hereunder receive all operational and
safety training necessary for the safe and competent performance of such
services, including, without limitation, any training required by applicable
laws, rules, regulations and procedures. Contractor must maintain documentation
of such training for the longer of three (3) years or the period of time
specified by applicable laws, rules, regulation and procedures. Delta shall have
the right, but not the duty, to conduct audits of such training records as it
deems prudent to ensure compliance with this requirement.
2.9 At all times during which Contractor's employees are
required to be performing the services required under this Agreement, Contractor
agrees to maintain a competent work supervisor (or other employee with
responsibility for overseeing the performance of the services), located in the
general area of the Delta facilities at which the services are to be performed,
and keep Delta's Director/Station Manager (or the Director/Station Manager's
designee in charge) continuously advised of the location(s) and telephone
number(s) where such work supervisor (or other employee with responsibility for
overseeing the performance of the services) may be contacted to be advised of
emergencies, worker absences, accidents involving workers or substandard
performance of work. The availability of such work supervisor or other employee
shall in no way obligate Delta to communicate any such information to
Contractor.
2.10 Contractor shall comply with all applicable laws, rules,
regulations and procedures which govern the services provided for in this
Agreement. Contractor shall obtain all licenses and permits which may be
required by any governmental authority for the performance of the contracted
services and shall pay all fees and charges therefor. The foregoing obligations
are in addition to those provided in Section 6 of this Agreement.
3. FEES.
3.1 Contractor shall xxxx Delta on the first day of each
month an amount calculated in accordance with EXHIBIT A hereto for services
provided during the preceding month. Delta shall remit payment
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within thirty (30) days following receipt of said xxxx. The monthly xxxx should
be sent by Contractor to the following address:
Director/Station Manager - HOU Station
Delta Air Lines, Inc.
Houston Hobby Airport
0000 Xxxxxxx Xxxxxxxxx
Xxxxxxx, Xxxxx 00000
3.2 INVOICES. If services are performed for more than one air
carrier at an Airport, Contractor shall xxxx Delta for its prorated share of the
services performed as provided in EXHIBIT A. In no event shall Delta be
responsible for any other air carrier's prorated share of Contractor's fees for
the services performed hereunder.
4. ACCOUNTING RECORDS. With respect to all invoices under this
Agreement, Contractor shall keep full and detailed records and books of account
on the basis of its currently established accounting methods in effect as of the
effective date of this Agreement. Delta, or its nominee, shall at all times
during regular business hours have the right to audit and have access to the
books of account, receipts and records pertaining to invoices hereunder by
Contractor. Delta shall also be afforded access to all of the Contractor's other
records, books, correspondence, instructions, memoranda and similar data
relating to this Agreement and any of the work or services provided hereunder.
Contractor shall preserve such documents and other records to which Delta has
access rights under this Section 4 without additional compensation therefor for
a period of three (3) years or such longer period as may be required by law,
after termination or expiration of this Agreement. If as a result of any such
audit or otherwise it is determined that Delta has paid any excess charges for
the work, Delta shall be entitled to immediate refunds for any such excess
charges paid by Delta.
5. TERMINATION OF AGREEMENT AND REDUCTION IN WORK.
5.1 Contractor may stop the work or otherwise terminate this
Agreement if Delta shall fail to make payment of undisputed amounts when due, in
accordance with Section 3, after ten (10) days written notice by Contractor to
Delta of such failure of payment.
5.2 Delta reserves the right to reduce the scope of work to be
performed hereunder upon not less than fifteen (15) days written notice to
Contractor. Any reduction in scope shall be accompanied by an appropriate
decrease in the fee specified in Section 3 and in EXHIBIT A hereof.
5.3 If the Contractor files for bankruptcy, has an involuntary
petition filed against it which is not dismissed within thirty (30) days,
dissolves, is insolvent, fails to promptly pay for materials or services for
which it has received payment from Delta, creates or permits the creation of any
lien on any property or premises of Delta, makes an assignment or arrangement
for the benefit of its creditors, refuses or neglects to perform the work
properly and diligently (including failure to perform as a result of strike,
walkout, or labor dispute affecting Contractor or others), is in default under
any other agreement between the parties or fails to perform any of the
provisions of this Agreement or any other agreement between the parties, Delta
may, at its option, by written notice to Contractor, declare Contractor in
default, terminate Contractor's right to proceed with all or a part of the work,
and take control or possession thereof and of materials, vehicles, equipment,
supplies, tools and facilities and finish such terminated work by such means as
it sees fit; provided, however, with respect to any refusal or neglect by the
Contractor to perform the work properly and diligently, or failure to perform
under other provisions of this Agreement, the Contractor shall have ten (10)
days from receipt of written notice of such default from Delta to cure the
default. Upon termination pursuant to this provision or Section 1, Contractor
shall thereupon assign to Delta any contracts for goods or services, if any,
selected by Delta to be so assigned.
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5.4 If Delta terminates this Agreement, Delta shall pay the
unpaid balance of Contractor's charges as stated in Section 3 for the period up
to and including the date of termination. Delta can deduct from the amount due
hereunder any amount that Delta may be required to pay to a third party due to
the nonpayment by Contractor of any amount and any damages, costs or expenses
Delta may incur or suffer in the event said termination is made pursuant to
Section 5.3. Contractor shall, as a condition of receiving the payments referred
to in this Section 5, execute and deliver to Delta any and all instruments that
may be required to transfer property to Delta, or otherwise required for the
orderly termination of this Agreement.
5.5 Delta reserves the right to retain Contractor's
subcontractors, if any, and all or any part of Contractor's employees executing
the work may, at Delta's option, become employees of Delta or another contractor
selected by Delta. Upon termination or expiration of the Agreement, Delta shall
take possession of all materials, vehicles, equipment, supplies, tools and
facilities owned by Delta.
5.6 In the event that Delta's flight operations at the Airport
are halted or substantially decreased for any reason, this Agreement (and
payment for services hereunder) may be suspended for the duration of such halted
or decreased operations, on twenty-four (24) hours' notice by Delta to
Contractor.
6. SECURITY CONSIDERATIONS. Contractor agrees that in the performance
of this Agreement it is of paramount importance to maintain the security and
safety of passengers, the general public and all personnel employed at the
Airport and to safeguard the security and integrity of all personal, public and
corporate property. In this regard, Contractor agrees, in accordance with
applicable laws, to take those actions necessary to accomplish this purpose,
including but not limited to the actions outlined in this Section 6.
6.1 BACKGROUND CHECKS.
6.1.1 Contractor warrants and agrees that it has
performed and will continue to perform employment and access investigations in
accordance with Delta's Air Carrier Standard Security Program as approved by the
Federal Aviation Administration (the "FAA"), as in effect from time to time,
including, without limitation, the requirements of 49 U.S.C. ss. 44936 and the
FAA's regulations promulgated pursuant thereto at 14 C.F.R. Parts 107 or 108, of
all persons hired by Contractor who have unescorted access to any area on an
airport controlled for security reasons. Such employment and access
investigations shall include, without limitation, employment histories and
verifications, verifications of identity and, in certain cases, criminal history
record checks as more particularly required in said regulations.
6.1.2 Contractor shall also perform background
checks, to the extent allowable by applicable law, which will include, but not
be limited to, a five year criminal history check for all persons Contractor has
hired or will hire. Further, for all persons Contractor has hired or will hire
who may operate a motor vehicle on the Airport Operating Area (the "AOA"),
Contractor will also conduct a five year check of the person's state motor
vehicle record.
6.1.3 Employment and access investigation,
background checks and motor vehicle checks shall be completed for all persons
prior to Contractor allowing such persons unescorted access to any airport area
controlled for security reasons or allowing such persons to operate motor
vehicles on the AOA.
6.2 DRUG TESTING. Contractor warrants and agrees that, on or
before the effective date of this Agreement, and to the extent required by
application of laws, regulations and orders, it will establish and thereafter
maintain a drug testing program for those personnel, if so employed by the
Contractor, who perform sensitive safety related and security related functions
as defined by the FAA's Anti-Drug Program for Personnel Engaged in Specified
Aviation Activities (the "FAA's Anti-Drug Program"). Contractor agrees that such
program will comply with all requirements set forth by the FAA. To the extent
permitted by law, if Contractor employs personnel who are not covered by the
FAA's Anti-Drug Program but who will have unescorted access to any airport area
controlled for security reasons, such personnel shall be subject to
preemployment drug
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testing by Contractor for the same substances and in accordance with the same
procedures as required by the FAA's Anti-Drug Program.
6.3 ADDITIONAL REQUIREMENTS. Contractor also agrees to
undertake whatever other measures are necessary to comply with security, drug
and alcohol testing, record-keeping, and other requirements appropriate to the
areas to which Contractor has access or to the work performed by Contractor
under this Agreement that are imposed from time to time by public agencies such
as the FAA, the United States Postal Service, the United States Customs Service,
and the operator of the Airport (the "Airport Operator") or by Delta.
6.4 AUDIT OF EMPLOYMENT RECORDS. Contractor shall keep at the
Airport full and detailed records demonstrating its compliance with this Section
6 as to each employee and shall maintain and preserve such records without
additional compensation therefor for a period of three (3) years after
termination or expiration of this Agreement. Delta shall have the fight, but not
the duty, to conduct such audits of Contractor's employment records as it deems
prudent to ensure Contractor's compliance with this Section 6. Delta may
terminate this Agreement immediately if it finds any evidence which indicates
that Contractor has not complied with the obligations imposed by this Section 6.
6.5 SECURITY OF PROPERTY. Maintaining the security of the
property of Delta and of its employees, agents, customers and invitees is an
essential aspect of Contractor's performance under this Agreement. To the extent
allowable by applicable law, Contractor shall conduct random searches of its
employees' lunch boxes, bags, cases, containers and other items in which such
property could be concealed. In the event that Delta is not satisfied with the
effectiveness of Contractor's program of random searches, Delta may require
Contractor to increase the frequency of such searches. Contractor shall
emphasize to its employees the importance of ensuring the security of the
property of Delta and of Delta's employees, agents, customers and invitees and
shall, in accordance with applicable law, properly notify its employees of the
existence and extent of the random search program prior to instituting such
program.
7. INSURANCE.
7.1 At all times during the term of this Agreement,
Contractor, with respect to the operations and services contemplated in this
Agreement, agrees to carry and maintain at its own cost and expense
Comprehensive General Liability Insurance for an amount of not less than
$20,000,000 combined single limit on an occurrence basis for bodily injury and
property damage. This insurance shall include contractual liability and shall be
in such form as reasonably required by Delta. The insurance shall name Delta as
an additional insured to the extent of Contractor's indemnity obligations
hereunder and shall contain a standard cross-liability endorsement.
7.2 Contractor agrees to maintain Workers' Compensation
Insurance for statutory limits and Employer's Liability Insurance in the amount
of $1,000,000 to cover its employees. Contractor agrees to be solely and fully
responsible for the payment of all Workers' Compensation benefits for its
employees.
7.3 Contractor shall obtain the insurance required by this
Agreement from a financially sound insurance company of recognized
responsibility and shall furnish Delta with a certificate of insurance
evidencing such coverage prior to commencing its services under this Agreement.
Such insurance policies shall be considered primary, without contribution from
any insurance carried by Delta. All insurance policies shall provide that the
insurance shall not be invalidated by any action or inaction of Contractor, that
Contractor agrees to waive all rights of subrogation against Delta and that the
insurance shall continue in full force and effect for at least thirty (30) days
after Delta receives written notice of cancellation, termination or material
alteration.
8. INDEMNIFICATION. To the fullest extent permitted by law, Contractor
shall release, indemnify, defend and hold harmless Delta and its directors,
officers, employees and agents (collectively, the
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"Indemnified Parties" and individually, an "Indemnified Party") from and against
any and all claims, damages, losses, fines, civil penalties, liabilities,
judgments, costs and expenses of any kind or nature whatsoever, (including, but
not limited to, interest, court costs and attorneys' fees), which in any way
arise out of or result from any act(s) or omission(s) by Contractor (or anyone
directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be liable) in the performance or nonperformance of services or
other obligations under this Agreement or in the use or occupancy of any
facilities or equipment provided by Delta, including, but not limited to, injury
to or death of any person, damage to or destruction of any property, real or
personal (including, but not limited to, property owned, leased or under the
control of Delta), and liability or obligations under or with respect to any
violation of federal, state and local laws, regulations, rules, codes and
ordinances (including, but not limited to, those concerning environmental
protection). This Section shall apply regardless of whether or not the damage,
loss or injury complained of arises out of or relates to the negligence (whether
active, passive or otherwise) of, or was caused in part by, an Indemnified
Party. However, nothing contained in this Section shall be construed as a
release or indemnity by Contractor of an Indemnified Party from or against any
loss, liability or claim to the extent arising from the gross negligence or
willful misconduct of that Indemnified Party. This Section shall not be
construed to negate, abridge or otherwise reduce any other right to indemnity
which would otherwise exist in favor of any Indemnified Party, or any obligation
of Contractor, its officers, directors, employees, agents or contractors to
indemnify an Indemnified Party. Contractor's obligations under this Section
shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits paid or payable by Contractor under Workers'
Compensation Acts, disability benefits acts or other employee benefit laws or
regulations. The indemnification obligations of this Section shall survive
termination or expiration of this Agreement.
9. NOTICES. Any notices, requests or other communications
required or permitted to be given hereunder shall be in writing and shall be
delivered by hand, by overnight courier, or by facsimile transmission ("fax"),
or mailed by United States registered or certified mail, return receipt
requested, postage prepaid, and addressed to the appropriate party at its
address or to its fax number, as appropriate, as set forth below:
Contractor:
INTERNATIONAL TOTAL SERVICES, INC.
Crown Centre
0000 Xxxxxxxx Xxxx
Xxxxxxxxx, Xxxx 00000
Attention: Xx. Xxxxxx XxXxxxxx
Fax No.: (000) 000-0000
Delta:
DELTA AIR LINES, INC.
0000 Xxxxx Xxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
Attention: ACS Business Partners - Dept. 108
Fax No.: (000) 000-0000
Any such notice, request, or other communication shall be considered given on
the date of hand or courier delivery if delivered by hand or overnight courier,
on the date of receipt if delivered by fax, or on the date of deposit in the
United States mail as provided above. Rejection or other refusal to accept or
inability to deliver because of changed address or fax number of which no notice
was given shall not affect the validity or the effectiveness of the notice,
request or other communication. By giving at least ten (10) days' prior written
notice thereof, either party may from time to time and at any time change its
mailing address or fax number hereunder.
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10. SERVICES FOR HANDICAPPED. Consistent with the Air Carrier Access
Act of 1986 and 14 C.F.R. 382, Contractor shall not discriminate on the basis of
handicap in performing services under this Agreement. In any matter relating to
the Contractor's provision of services under this Agreement to handicapped
individuals, Contractor's employees shall comply with any directives of Delta's
Complaints Resolution Officials (CROS) which are issued under 14 C.F.R. 382.65.
11. CONSENT. The Airport Operator's consent to this Agreement may be
necessary. In the event such consent is required and is denied, this Agreement
shall terminate and Contractor shall immediately vacate and surrender the
Airport.
12. FORCE MAJEURE. In the event that Delta's flight operations at the
Airport are halted or substantially decreased by reason of strike, labor
dispute, picketing, action or interference of governmental authorities, riots,
terrorist attack, act of God or other cause reasonably beyond the control of
Delta, this Agreement (and payment for services hereunder) may be suspended for
the duration of such halted or decreased operations, on twenty-four (24) hours'
notice addressed by Delta to Contractor.
13. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia, excluding its laws regarding
conflict or choice of law, and Contractor voluntarily submits itself to the
jurisdiction of the state and federal courts situated in Xxxxxx County, Georgia,
for any dispute arising hereunder.
14. SUBCONTRACTS, ASSIGNMENT. Contractor shall not subcontract out or
delegate the services to be provided hereunder without the prior written consent
of Delta. All subcontracts must be approved in writing by Delta prior to
execution and shall conform to any applicable requirements of this Agreement.
This Agreement shall not be assigned, in whole or in part, by either party
without the prior written consent of the other party. Subject to the foregoing,
this Agreement shall be binding upon and inure to the benefit of the parties,
their respective successors and assigns.
15. ENTIRE AGREEMENT. This Agreement, including all Exhibits hereto
(which exhibits are incorporated herein by reference), constitutes the complete
agreement of the parties hereto with respect to the subject matter hereof and
supersedes all prior negotiations, agreements, representations and
understandings, if any, between the parties concerning same, whether written or
oral.
16. MODIFICATIONS AND AMENDMENTS. This Agreement shall nol be modified
or amended in any respect except by written instrument duly executed by or on
behalf of each of the parties to this Agreement.
17. NO WAIVER. No provision of this Agreement shall be deemed to have
been waived by Delta unless such waiver is in writing and signed by Delta, nor
shall any custom or practice which may evolve between the parties in the
administration of the terms hereof be construed to waive or lessen the fight of
Delta to insist upon the performance by Contractor in strict accordance with the
terms hereof
18. REMEDIES CUMULATIVE. Each right and remedy of Delta provided for in
this Agreement, or now or hereafter existing at law, in equity or by statute or
otherwise, shall be cumulative and concurrent, and the exercise or beginning of
the exercise of any one or more of such rights or remedies shall not preclude
the exercise of that right or remedy in the future or the exercise of any other
right or remedy at any time.
19. SEVERABILITY. If any provision of this Agreement shall be
determined to be illegal, invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby and shall remain valid and enforceable
to the fullest extent permitted by law.
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20. NONDISCRIMINATION. The provisions of SCHEDULE I, attached hereto,
are incorporated herein for all purposes.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives as of the date and year first
written above.
INTERNATIONAL TOTAL SERVICES, INC. DELTA AIR LINES, INC.
By____________________________ By____________________________
Printed Printed
Name__________________________ Name__________________________
Title_________________________ Title_________________________
Date__________________________ Date__________________________
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SCHEDULE I
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STANDARD GOVERNMENT CONTRACT PROVISIONS
EQUAL OPPORTUNITY (Applicable to contracts where total payments to Contractor
will exceed $10,000)
1. The Contractor will not discriminate against any employee or applicant
because of race, color, religion, sex or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
2. The Contractor agrees to comply with all provisions of Executive Order
1 1246 of September 24, 1965, as amended, and all implementing rules,
regulations, and orders, which are hereby incorporated into this
Agreement by reference as fully as if set forth verbatim herein.
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (Applicable to all contracts where
total payments to Contractor will exceed $2,500)
1. The Contractor will not discriminate against any employee or applicant
because of physical or mental handicap, in regard to any position for
which the employee or applicant is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment and otherwise
treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices,
such as employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training (including apprenticeship).
2. Contractor agrees to comply with Section 503 of the Rehabilitation Act
of 1973, as amended, Executive Order No. 11758 of January 15, 1994, and
all implementing rules, regulations and orders, which are hereby
incorporated into this Agreement by reference as fully as if set forth
verbatim herein.
AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
(Applicable to all contracts where total payment to Contractor will exceed
$10,000)
1. The Contractor will not discriminate against any employee or applicant
because that employee or applicant is a disabled veteran or veteran of
the Vietnam era, in regard to any position for which the employee or
applicant is qualified. The Contractor agrees to take affirmative
action to employ, advance in employment, and otherwise treat qualified
disabled veterans and veterans of the Vietnam era without
discrimination based on their disability or veterans status in all
employment practices, such as employment, upgrading, demotion or
transfer, recommitment, advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training
(including apprenticeship).
2. Contractor agrees to comply with THE Vietnam Era Veterans Readjustment
Assistance Act of 1972, as amended, and all implementing rules,
regulations and orders, which are hereby incorporated into this
Agreement by reference as fully as if set forth verbatim herein.
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CERTIFICATE OF NONSEGREGATED FACILITIES I
In accordance with 41 CFR 60-1.8, Contractor agrees that by
its execution OF this Agreement, it does not and shall not maintain any
facilities it provides for its employees in a segregated manner, or permit its
employees to perform their services IN any location under its control where
segregated facilities are maintained; and that the Contractor will obtain a
similar certificate prior to the award of any nonexempt subcontract.
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