Greyhound Bus Contract - KeylineMEMORANDUM
April 29, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Independent Contractor Agreement with Greyhound Bus Lines
Transit Manager Mark Munson recommends City Council approval to enter into a
contract with Greyhound Bus Lines to sell tickets as an independent agent at a
commission of 15% of ticket sales, for an estimated revenue between $24,000 and
$46,000 per year. The addition of this service at KeyLine under this contract will not
result in any additional operating expense for the Transit Division budget.
Greyhound would board their passengers at KeyLine at 24th and Central.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michhel C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mark Munson, Transit Manager
KeyLine Transit
2401 Central Avenue
Dubuque, Iowa 52001-3302
(563) 589-4196 office
(563) 5894340 fax
(563) 690-6678 TDD
April 28, 2003
TO:
FR:
Michael C. Van Milligen, City Manager
Mark Munson, Transit Manager j~
Subject: Independent Contractor Agreement with Greyhound Bus Lines
Purpose
The purpose of this memo is to recommend approval of a contract to sell tickets
as an independent contractor for Greyhound Bus Lines from the KeyLine Transit
office.
Background
In my memo to you dated March 24, 2003, I explained how the compensation
agreement proposed by Greyhound Bus Lines could result in an additional
$24,000 to $46,000 revenue under an independent contractor agreement.
Compensation is based upon a straight 15% commission on ticket sales. At that
time you approved my request to further explore contracting options. We
received a contract from Greyhound and it was reviewed by corporation counsel
Barry Lindahl with a recommendation to delete a provision of the contract
regarding payment of attorney fees. Greyhound Area Sales Manager agreed to
delete the language in question.
On April 9th, I recommended allowing Greyhound to use the boarding area in
front of the KeyLine offices at 24th and Central while discussions to become an
agent were ongoing. Shortly after we received your approval, we began allowing
boardings that have resulted in only minor problems in making the transition from
the old boarding location to KeyLine and in making the limited waiting area
accommodate the average 20+ dders per day using the two routes offered in
Dubuque.
Recommendation
It is my recommendation that the City of Dubuque and Greyhound Bus Lines
enter into a contract to sell Greyhound tickets as an independent agent at a
commission of 15% of ticket sales for an estimated revenue of between $24,000
and $46,000 per year. The addition of this service at KeyLine under this contract
will not result in any additional operating expense for the Transit Division budget.
Cc: William Baum, Economic Development Director
Service People lntegri~3r Resporxsibility Innovation Teamwork
KeyLine Transit
2401 Centre2 Avenue
Dubuque, Iowa 52001-3302
(563) 5894196 office
(563) 5894340 fax
(563) 690-6678 TDD
April 9, 2003
TO:
Michael C. Van Milligen, City Manager
FR:
Subject:
Mark Munson, Transit Manager/~
Greyhound Bus Lines request
As you are aware, Greyhound Bus Lines has been seeking an agent for their
Dubuque service since terminating their contract with an independent agent
eadier this year. 1 provided you with information in this regard in my memo dated
March 24, 2003, copy attached. After many inquiries to area businesses, the
alternatives left for potential agents came down to the Chamber of Commerce
and KeyLine Transit. Eugene Hibbs, Area Sales Manager for Greyhound Bus
Lines informed me today that the Chamber of Commerce has decided not to
become an agent for his company. In lieu thereof, Mr. Hibbs has asked me to
proceed with whatever steps are necessary to enter into a contract with KeyLine
Transit as an agent for Greyhound.
While the various issues of becoming an agent are being explored, Mr. Hibbs has
asked to use the bus stop in front of KeyLine for their boardings at 12:30 pm and
3:40 pm seven days a week. Greyhound is currently using our bus stop at 12th
and White in front of Brannon Monument. Currently passengers have had to wait
outside the closed offices next to Brannon Monument. This has been a burden to
Mr. Brannon's business as well as the Greyhound customers. Mr. Hibbs would
like to begin boarding at the KeyLine location as early as Monday April 14, 2003.
During our normal business hours Monday through Saturday, buses could park in
front of the KeyLine offices and passengers could use our waiting area and
restrooms. On Sunday passengers would have to wait outside the building which
is what they currently due seven days a week at 12th and White. If approved, I
would expect some advertisement of this change in boarding location in the local
paper and on Greyhound information outlets (800# and website).
Recommendation
It is my recommendation that Greyhound be allowed to use the boarding area in
front of the KeyLine Offices at 24u' and Central while discussions to become an
agent are ongoing between the City of Dubuque and Greyhound Bus Lines.
Cc: Bill Baum, Economic Development Director
KeyLLne Transit
2401 Central Avenue
Dubuque, Iowa 52001-3302
(563) 589-4196 office
(563) 589-4340 fax
(563) 690-6678 TDD
March 24, 2003
TO:
FR:
Subject:
Michael C. Van Milligen, City Manager
Mark Munson, Transit Manager f'l
Greyhound Bus Lines service request
Purpose
The purpose of this memo is to provide you with information I received from
Greyhound Bus Lines regarding their desire to contract with KeyLine as an agent
for their service, and to recommend further exploration into this contracting
opportunity,
Background
in November of 2002, Eugene Hibbs, Area Sales Manager for Greyhound Bus
Lines approached me with a request to use our bus stop at 13th and White
Streets as a Greyhound boarding location. Shortly thereafter Greyhound lost their
independent agent at that location. Efforts to find another agent have been
unsuccessful. In the interim, Mr. Hibbs contacted me as a possible agent for their
service. Upon visiting our office at 2401 Central Avenue, Mr. Hibbs felt the facility
waiting area and the boarding area in front of the building and our location met
his minimum needs. Mr. Hibbs provided me a copy of their standard contract that
I have forwarded to Barry Lindahl for review and comment (copy attached).
Payment is a straight 15% commission on ticket sales which average $160,000
per year for average annual revenue of $24,000. An additional $60,000-$80,000
annual revenue is expected from another connection between Dubuque and
Davenport later this summer through a Greyhound agreement with Burlington
Trailways. This additional service would also be paid at 15% for additional
$9,000-$12;000 potential revenue.
Current Transit staffing levels and office hours can accommodate the additional
task of ticket sales Monday through Saturday. Additional staffing would be
necessary for approximately 3 hours on Sundays to accommodate 12:30 pm and
Service People integtity Re~por~ibilify Iruzova [ion Teamwork
3:30 pm boardings. Additional cleaning of waiting area and restrooms will be
necessary and can be added to our contract with Area Residential Care. Prior to
this request, staff had been reseamhing the cost of security cameras as part of
our facility security efforts promoted by the Federal Transit Administration. A
security camera in the office area would be desirable if this Greyhound service is
contracted at KeyLine.
Action Requested
Assuming contract provisions could be mutually agreed upon and assuming
satisfactory fiscal management procedures could be implemented and Sunday
staffing could be accommodated, 1 am requesting your concurrence with my
recommendation to further explore a contract between the City of Dubuque and
Greyhound Bus Lines for the purpose of becoming a ticket agent for Greyhound
Bus Lines at the KeyLine Transit office.
Cc:
William Baum, Economic Development Director
Ken Tekippe, Finance Director
Pauline Joyce, Administrative Services Manager
Encl.
STANDARD INDEPENDENT CONTRACTOR AGREEMENT
Agency
TH ~q AGREEMENT, made and entered into as of this dayof , , by and between GREYHOUND LINES, INC., p.o.
Box 660362, Dallas, Texas 75266-0362, AND/OR 1TS SUCCESSORS AND ASSIGNS (the "Cor~any") and ("Contractor").
Commctor is a(n):
_ Individual, __ Partnership, Corporation, validly organized and existing (if a corporation or partnership) under the laws of the
state where the Facility (as defined in Section II.B. below) is located, and Contractor's Social Security/Federal I.D. No. is
WITNESSETH
That for and in consideration of the facil/ties to be furnished and services to be rendered by Contractor and the compensation paid therefor
by Ctanpany, as hereinafter set forth, the parties hereto covenant and agree as follows:
I. COMPANY AGREES:
A. To pay Contractor the following commissions:
t. On Wansportation charges collected by Contractor from the sate
of tickets, except as hereinafter provided:
Percent (%)
2. On transportation charges collected by Contractor from the sate
of conmmtation tickets or books or other multiple ride tickets:
Percent (%)
3. On transportation charges for express shipments, whether prepaid,
collect, or C:O.D., received from the consignor at the Facility:.
Percent (%)
4. on Wansportation charges for express shipments, whether prepaid,
collect, or C.O.D., delivered to the consignee at the Facility:
Percent (%)
5. On charges collected by Contractor from the sale of Ameripass tickets:
Percent (%)
6. on excess baggage charges collected by Contractor:.
Percent (%)
7. on transportation charges from charters sold by Contractor:.
8. On PTO Tickets honored:
Ten Percent (10%)
Thee Dollars $3.00
9. On StodentAdvantage
(a) As used in this section, the term "charges" does not include any taxes collected in addition to the msSff charges or selling price.
(b) The commission, if any, payable to Contractor with respect to tickets sold for the movement of unusually large groups or under
other unusual or extraordinary circumstances, shall be determined according to bulletins and letters issued by the Company.
B. To permit Contractor to deduct commissions to which it is entitled under (A) of this section fi:om the Company funds in its
possession when making remittances as provided in paragraph ('E) of Section
Company agrees to pay to Contractor, on a pedodic basis, forty percent (40%) of the commission stated in the Agreement on transportation
chamjes collected by the Company arising from sales by intemet ticketing and tickets by mail for schedules originating at Contractor's facility.
The pa.dies hereto agree that Grayhound's records will be used for determining compensation to the Contractor under this provision. To be
eligible for this percentage commission, Contractor must be in good standing with respect to all funds due Company and be the contractor of
record for the subject period. The percentage commission established by this provision shall not apply to sales or collectiees made prior to
September 1, 2000.
H. CONTRACTOR AGREES:
To sell such tickets as Company may supply, for Company and its affiliated and connecting carders, at lawfully published tariff
rates, and to furnish the public any information contained in tariffs, bulletins, circulars and literature insofar as the same is
applicable to transportation of passengers or handling of baggage, express or Un/ted States Mail by Company and its affiliated
L.
and connecting carders.
To famish at for the transaction of Company business and the accommodation and comfort of its patrons,
sditable waiting room or space, and adequate sanitary tnitet facilities, together with convenient facilities for the sale of tickets and
the h.nclllng of baggage or express; to maintain the said waiting room or space and facllhies, together with all driveways, walks,
approaches and premises appurtenant thereto, in a clea~ sanitary and safe condition at all times; and to reimburse and hold
harmless Company f~om any and all expenses incurred and/or claims arising directly or indirectly ~om any neglect or failure to so
maintain the said waiting room, space, facilities or appurtenant premises.
To properly protect baggage, express and Uaited States Ivlail and assun~ full liability for the damage or loss thereof while under
Contractors care or supervision; and to reimburse Company for payments made or expense incurred by Company by reason of
loss or damage as aforesaid.
To be liable for all charges for transportation services sold regardless of collection of such charges. To be liable for and protect
any and all money and/or property of the Company in the care or under the supervision of Contractor and to reimburse Company
for any loss or damage to such money and/or property. At Contractors expense to ftmaish a bond or other security of a type and
in an amount satisfactory to Company for the protection of Company funds and/or property. The Company will waive the
requirement for a bond or other security upon the payment by Contractor to Company of an annual waiver fee. The tifie
to alt tickets and busbills and proceeds thereof and of all other monies collected for the Company shall be at all times in the
Company, it being the intention of this Agreement that the Contractor shall at all times be in the position of trustee and fiduciary
of the same for the Company.
To render reports of Company business on the last day of each month, and to remit to Company or deposit to account of
Company on the last day of each month, or at such other times and in the manner as may hereafter be prescribed by the
Company, all monies belonging to the Company or collected for the account of Company.
That Contractor will without charge: ( 1 ) Handle newspapers and express shipments made under regular contracts; (2) Issue tickets
in exchange for tickets or ticket orders issued by another coatractor, connecting carders conlractor, or the Company; (3) Make
collections in connection with returned express shipments; (4) Sell express script books; (5) Sell tickets under employee reduced
rate orders; (6) Handle U.S. Mail.
Shall provide or arrange package pickup and delivery services at rates prevailing in the Contractor's local market. Contractor
hereby warrants that any owned vehicles or sub~onlracted delivery service used for this purpose maintain, at the time of pickup
or delivery, the reinimnm required limits of automobile liability insurance of the state of domicile of the Contractor. Contractor
will receive a fee of $6.00 standard and $12.00 priority per shipment.
To permit author/zed representatives of Company during reasonable hours to inspect and check all property of Company, and
inspect and audit all records and accounts pertaining to the business of Company, kept or supervised by Contractor and to permit
such authorized representatives, at their discretion, to collect all monies belonging to Company in the possession of the
Coutractor.
To properly file and maintain all tar[frs, time schedules, circulares and bulletins furnished by Company, and to furnish to the
public complete and accurate information in accordance therewith.
To permit Company to conduct periodic audits of its activities and records with respect to performance under this Agreement.
To keep and maintain on site records of its activities pursuant to this Agreement, including all Company reports, payment and
deposit records, and all other records necessa~ and appropriate to permit Company to conduct audits of Con, actor in accordance
with Generally Accepted Auditing Standards.
To place and maintain a suitable sign or signs designating the aforesaid premises as a ticket agency for the Company and affiliated
That the title to all station equipment, signs, et cetera, furnished to the Contractur shall be in the Company at all times and
ConWactor wilt remm said property or pay for its value upon the termination of this Agreemant~ Upon the termination of tl~s
Agreement, the Contractor will permit a representative of the Company to remove all signs, decalcomanias and any and all other
evidence of the sale of tickets and any other services which might lead the public to believe that Contractor is still the contractor
for the Company.
At Company's expense, to permit Company upon request, to install its own telephone number(s) and to have its own listing in all
telephone directories; it being always clearly understood and agreed by Contractor that said telephone number(s) shall be the
Company's and the Company shall have the exclusive right, privilege, possession and use thereof. Upon termination of this
Agreement, for any mason, Company shall have the absolute right to transfer said telephone number(s) to any other facility.
Further, Contractor shall be respons~le for and agrees to pay any and all charges incurred in connection with the use of any such
telephone number(s) during the term of this Agreement.
N. To remove from the telephone directory or any other advertising medium any listing or reference to the fact that it is Cunt~actor
for the Company as soon as possible upon notice of termlnation of ttds Agreement.
Oo
That in case suit is imtituted to collect any money due hereunder on default in payment by Contractor, to pay to Company any
expense incurred by Company in instituting and prosecuting such suit, including such additional sm for attorney's fees as the
court may adjudge reasonable in said suit. Contractor agrees to and does hereby waive all benefits or relief from any and all
appraisement, valuation and exemption laws now or hereafter enacted in any state.
Contractor specifically authorizes Company to deduct from any money that may be due Contractor hereunder the compensation
previously allowed Contractor on tickets or mansportatiun charges subseqnenfly refunded to pa~ons and also the full mount of
any payment or payments made or expense incurred by Company by reason of loss of or damage to baggage and/or express
chargeable to Contractor;, and Contractor hereby agrees to pay to Company on demand any deficiency that may accme with
respect to such adjusmaents, refunds, losses or damages.
When applicable, to pay its covered employees iu compliance with the Fair Labor Standards Act and to maintain adequate and
accurate records of their hours, rotes of pay and other conditions of employment as requ/red by the Act and Regulations Part 516,
and to certify each month that it has complied with the Act in those respects.
Not to use the word "Greyhound" as part of Contractors business name for any purpose. Contractor acknowledges that the word
"Greyhound", together with the various symbols, slogans, togos, and the like ('Wlarks") owned or licensed by Company are
valuable, special and unique assets of Company. The use of Marks under this Agreement is for the purpose of distingu~hing the
services of Greyhound Lines, Inc. and its subsidiaries only. Contractor may use Marks only as an aid in informing the public
where Greyhound Lines, Inc.'s services may be purchased and that Contractor is authorized to sell Greyhound Lines, Inc.'s
services. ConWactor shall not use Marks to identify Contractors services or in any way except as specifically author/zed herein.
Contractor's interact (worldwide web) sites are sh-ictly prohibited from using the name "Greyhound", the image of the
mnnlng dog and any other trademarks or service marks associated with Company's transportation business.
That the Contractor is responsible for safegnarding and accounting for all tickets and busbills assigned and enlrusted to it for sale
to customers. In the event that any tickets and busbills cannot be accounted for at the time that Contractor is required to make one
of its regularly scheduled reports to Company, Company, ff duly informed of any such missing tickets or busbills, agrees to
cooperate with Contractor with a view to aseemiulng whether or not such missing tickets or busbills were in fact sold;
PROVIDED, HOWEVER, that such cooperation shall not embrace any out-of-pocket expenses to, and/or the expenditure of
undue time and effort by Company. In the event that any such missing tickets and/or bushills assigned and entrusted to Contractor
cannot be successfully located and discovered as having been sold, then it is agreed that the account shall be settled by
Conixactofs paying to Company an amount for each missing ticket or busbill equal to the average sales price for that ticket form
or busbill actually sold by Contractor during the month the missing ticket or busbill would have been sold. In the case of forms of
tickets iu~equentty sold by the Contractor, the average sales price will be determined by using the last two months sales of that
particular form.
To
To act as Contractor for Company upon such terms and conditions as ConWactor and Company shall agree.
Contractor represents and warrants that its facilities are and will be operated in compliance with all laws applicable to it,
including but not limited to, the Americans with Disabilities Act as amended ("ADA"). Contractor agrees to assist Company
personnel with boarding or deboardfiag of customers with disabilities at Contractor's facility and will provide such other
assistance or accommodations to Company's customers to the extent required under the ADA.
1311. IT IS MUTUALLY AGREED:
A. That payment as aforesaid shall coustimte full and complete compensation to Conh'actor for all facilities furnished and services
rendered by Contractor.
Bo
That Contractor ~s an "Independent Contractor and the Company reserves no control over the Contractor or any of~ts employees,
subordinates, or associates, as to how the facilities involved in this Agreement should be fuinished or the services here involved
should be performed. Contractor shall limit its activities for the Company to the consummation of the results herein specffied.
Contractor shall have no power to bind the Company by conlract or otherwise except as herein provided as to the sale of
transportation for property. The Company reserves no control whatsoever over the employment, discharge, compensation of or
servicos rendered by an employee, subordinate or associate of Contractor. It is further expressly understood that nothing
contained herein shall be deemed to require the Contractor to perform in person any of the services hereby contracted for and that
if the Contractor so elects, all of its obligations hereunder may be performed by persons in its employ or otherwise under its
cun~:ol. The Company shall not be respons~le for the acts or omissions of said employees, subordinates or associates and
Contractor agrees to save Company harmless from any and all liability caused by any such act or omissior~ Further, Contractor
shall register as an employer with all State and Federal Agencies and be responsible for and pay any and all taxes, assessments or
conm'bntions, including, but not limited to, State Unemployment and Worker's Compensaliun laws, Federal Unemployment
Conm'butions Act, Federal Insurance Conm'0utions Act (Social Security,) and to otherwise indemnify, save hanuless and defend
Company against any liability, claims or demand therefor.
The term of this Agreement shall be from the date hereof to and continue thereafter until terminated by at least thir~
(30) days prior written notice from either party to the other party, at either partes sole discretion for any reason whatsoever, or as
otherwise provided herein. Provided, however, that any default of any monetary provisions, including the payment of accounts or
remittances of Contractor under this Agreement or any other existing or future agreement between Company and/or its affiliates
and Contractor and/or its affiliates shall be sufficient cause for the Company to immediately tern~mte th/s Agreement without any
notice whatsoever and Contractor hereby authorizes Company to do so in such event; and provided foxther, that any violations,
breach or default of any other provision of this Agreement, which is not remedied within tun (10) days al~er notice thereof or any
default under any other existing or future agreement between Company and/or its affiliated and Contractor and/or its affiliates
which is not remedied as required thereby, shall also be sufficient cause to immediately terminate this Agreement without further
notice. All notices may be either written or given orally by or to an officer or supervisory employee of the Company.
It is a condition of this Agreement that the Company shall have the right to load and unload passengers and their baggage in its
usual bus operations at the Contractor's location, and in the event that at any time during the term of this Agreement the
Company's privilege in th/s respect, including the privilege to park vehicles used in conanon carrier service to the extent
necessary to conduct operations to or from said location, is reslricted, denied, or prevented, whether by municipal, state or federal
law, orttinanee, or decree, or otherwise, the Company shall have the right to forthwith terminate this agreement.
Company also reserves the sole right to determine the volume of sexvice to be operated by it to or from the city in which
ConWa~or's facility descn'oed in Paragraph B of Section II is located or to otherwise terminate service forthwith. Accordingly, it
is understood and agreed that nothing in tiffs Agreement shall constitute a representalion, or an agreement of the Company with
the Contractor that it will schedule or designate any specific number of buses or any buses to make a stop in said city for the
purpose of taldng on or discharging passengers, baggage and express, but the Company does agree that those buses which it may
from time to time designate to make a stop at said City for the purposes of ta~ng on or discharging passengers thereat will, during
the term or any extension hereol~ utilize the station of the Contractor for said purpose.
This Agreement cancels any and all previous contracts and agreements pertaining to the subject of commission agency between
Contractor and Company end/or its predecessors in interest including without lirdtatiun that certain
agreement dated ,except as to tmthlfilled
obligations heretofore incurred, and this Agreement constitutes the entire Independent Contractor Agreen~ent between the parties.
Tkis Agreement may not be assigned by Contractor.
If the Company shall, after default made by the Contractor in any payment to be made by it, or in the performance of any
covenant or agreement to be by it performed under this agreement, accept from the Contractor and payment to be made by it, or
the performance or any covenant or agreement to be by the Cunmtctor performed under this agreement, or if the Company after
such default shall do any act or exercise any right, remedy, option or election permitted by this Agreement, neither the acceptance
of such payment nor the acceptance of such performance, nor the doing of such act, nor the exercise of any such right, remedy,
option or election, shall be construed or deemed a waiver of such prior default, except only to the extent that such prior default
shall be extinguished by the payment or performance so accepted by the Company.
H. Form PC-125 known as Federal Contractors Compliance Agreement and identified as Addendum I attached hereto is herein
incorporated by reference.
IN WITNESS WHEREOF the parties hereto have caused tiffs Agreement to be executed in duplicate the day and year first h~einabove
written.
COMPANY:
GREYHOUND LINES, INC.
By:
Print Name
Title:
CONTRACTOR:
Title:
TN-13 (rev. 11/99)
GUARANTY
For value received, and in consideration for, and as an inducement to Greyhound Lines, Inc., (Company) entering into the attached
Major Standard Independent Contractor Agreement, dated __ with __ (Contractor), the Contractor therein named, the
undersigned unconditionally guarantee(s) to Company, its successors and assigns, the full perfon'nance and observance of ali of the
covenants, conditions, and agreements therein provided to be performed and observed by the Contractor without requiring any notice
of non-payment, non~performanee, non-observance, or proof, or notice, or demand, whereby to charge the undersigned therefor, ail of
which the undersigned hereby expressly waive(s) and expressly agree(s) that the validity of this Agreement and the obligations of the
Gnarantor(s) hereunder shall in no wise be terminated, affected or impaired by reason of the failure by Company to assert against
Contractor of any of the fights or remedies reserved to Company pursuant to the provisions of the Agreement. The undersigned further
covenant(s) and agree(s) that this Guaranty shall remain and continue in full force and effect as to any renewal, modifications or
extension of this Agreement.
Dated this day of
GUARANTOPc
PC-125 (4/92)
ADDENDUM
FEDERAL CONTRACTORS COMPLIANCE AGREEMENT
The parties agree that the following sha[[ be incorporated by
reference to the attached contract.
The Gmyhesnd company involved in this conffact whether
Gmyheend Lines, Inc. or its affiliates or subsidiaries may have
the status of "federal contractor" or "subcontractor."
To the extent required by law, you, as a party to this esntmct
(hereafter referred to as "Contractor"), agree to comply with ali
applicable laws and regulations gavamiag obligations of federal
contractom, subcontractors and recipients of foderal funds, thcludthg
but not limited to Executive Order 11246, the Vietnam Era Veterans
Adjustment Assistance Act of 1974, the Rehabilitation Act of 1973
and 41C.F.R. parts 60-1, -20. -250 and -741 and the Amehcans with
Disabilities Act of 1990 (42 USC 312101 et seq). Contractor certities
that it will comply with the following provisions to the extent mquimd
by law,"
I. EQUAL OPPORTUNITY CLAUSE
During the performance of this esntrack the contractor
agrees as follows:
(a) The contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, or national odgin. The contractor will) take
affirmative action to ensure that applicants are employed, and
that employees are f~eeted dudng employment, without regard
to their race, color, mligiee, sex, or national edgin. Such action
shall include, but not be limited to the followiag: Employment,
upgrading, demotion, or transfer, moruitment or recruitment
advertising; layoff or termination: rates of pay or other forms of
compensation: and ee[ectiee for trainthg, including
apprenticeship. The contractor agrees fo pest in conspicuous
places, available to emp]cyees and applicants for emp[oymeet,
notices fo be provided by the contracting officer eeffiag forth the
previsions of this nondiscrimination clause.
(b) The contractor will, in alt solicitations or advertisements
for employees placed by or on behalf of the centractor, state
that all qualified applicants, will mcaiva consideration for
employment without regard to race, color, religion, sex. or
national odgin.
(c) The contractor will ~ed to each labor union or
rapresantative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the agency contracting officer, advising
the tabor union or workers' mpresentativa of the contractor's
commitments under section 202 of Executive Order 11246 of
September 24, 1965, and shall pest copies of the notice in
conspicuous places available to employees and applicants for
employment.
(d) The contractor will comply with all provisiees of
Executive Order 11246 of September 24. 1965, and of the
roles, regulations, and relevant orders of the Secretary of Labor.
(the "ACt")
(e) The contractor ,,rill furnish all information and reports
required by Executive Order 1.1246 of September 24. 1965, and
by the roles, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books,
records, and accounts by the een~actiag agency and the
Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(f) in the event of the contractor's non-compliance with the
nondiscrimination clauses of this contract or with any of such
rules, regulations, or orders, this contmot may be canceled,
terminated or suspended in whole or in part and the contractor
may be declared ineligible for fodher Government contracts in
accordance with procedures authedzed in Executive Order
11246 of September 24, 1965, or by rules, regulations, or order
of the Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of paragraph (a)
through (g) in every subcontract or pumhasa order unless exempted
by rules, mgulatiess, or orders of the Secretary of Labor issued
pumuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions wil[ be binding upon each subcontraotor
or vendor. The contractor will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of
Labor as a means of enforcing such pmvisioce including sanctions for
non-esmplianee: Provided however that in the event the contractor
becomes involved in, or is threatened with, litigation with 8
subcontractor or vendor as a result of such direction, the contractor
may request the United States to enter into such litigation to pmtsot
the interests of the United States,
I1. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
(a) The contractor will not discriminate against any employee or
applicant for employment because he or she is a disabled veteran or
veteran of the Vietham era in regard th any position for which the
employee or applicant for employment is qualified. The contractor
agrees to take affirmative action to empJoy, advance in employment
and otherwise treat qualified disabled veterans and veterans of the
Vietnam era without discrimination based upon their disability or
veterans status in all employment practices such as the following:
Employment upgrading, demotion or transfer, recruitment, adve~sthg,
layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(b) The contractor agrees that all suitable employment openings of the
contractor which exist at the time of the execution of this contract and
those which occur dudag the performance of this contract, Including
those not generated by this contract and including those occurring at
an establishment of the contractor other than the one whamin the
contzact is be[ag per[ormed but excluding those of independently
operated corporate affiliates, shalJ be listed at an appmphate IocaJ
office of the State employment service system wherein the openthg
occum. The eent~actor further agrees fo provide such reports fo such
local office regarding employment openings and hims as may be
required,
State and local gavemment agencies holding Federal contracts
of $10,000 or mom shall also Jist all their suitabJe openings with the
appropriate office of the Stale employment service, but are not
required to provide those reports set forbh in paragraphs (d) and (e).
(c) Listing of employment openings with the employment service
system pursuant to this clause shall be made it least concurrently with
the use of any other recruitment source or effort and sha[I involve the
normal obligations which attach to the placing of a bona tide fob order,
including the acceptance of referrals of veterans and non-veterans.
The listing of employment openings dees not require the hidng of any
particular job applicant or from any particular group of job applicants,
and nothing heroin is intended to relieve the contractor Eom any
requirements in Executive orders or regulations regarding
nondiscrimination in employment.
(d) The mperts required by paragraph (b) of this clause shall
include, but not be limited to, pedodic mperts which shall be filed at
least quarterly with the appropriate local office or, where the ex)nb'actor
has more than one hiring location in a State, with the central office of
that State employment service. Such reports shall indicate for each
hidng location (1) the number of individuals hired dudag the raporang
period. (2) the number of nondisabled veterans of the Vietnam era
hired, (3) the number of disabled veterans of the Vietnam era hired
and (4) the total number of disabled veterans hired. The reports should
include covered veterans hired for on-the-job training under 38 U.S.C.
17B7, The contractor shall submit a report within 30 days after the end
of each identi~ing data for each hidng location. The contractor shall
maintain at each hidng location
copies of the reports submitted until the expirafion of one year after
final payment under the contract, dudng which time these reports and
related documentation shall be made available, upon request, for
examinafion by any authedzed representatives of the contracting
officer or of the Secretery of Labor. Documentation would include
personnel records respecting job openings, recruitment and
placement.
(e) Whenever the conffactor becomes contractually bound to the
listing provisions of this clause, it shall advise the employment service
system in each State where it has establishments of the name and
location of each hiring location in the State. As long as the contractor
is contractually bound to these provisions and has so advised the
State system, there is not need to advise the State system of
subsequent contracts. The contractor may advise the State system
when it is no longer bound by this contract clause.
(O This clause does not apply to the listing of emp[oymeat
openings which occur and are tilled outside of the 50 States, the
District of Columbia, Puerto Rico, Guam, and the Virgin islands.
(g) The provisions of paragraphs (b), (c), (d), and (e) of this clause
do not apply to openings which the contractor proposes to ifil from
within his own organization or to fill pursuant to a customary and
tiaditional employsr-unice hidng arrangement. This exclusion does not
apply to a particular opening once an employer decides to cons[der
applicants outside of hts own organization or employsr-union
arrangement for that opening.
(h) As used in this clause: (1) "All suitable employment openings"
includes, but is not limited to, openings which occur in the following job
categedes: Production and non-production, plant and office: laborers
and mechanics: supervisory and non-supervisory: technical: and
executive, administrative and professional openings as are
compensated on a selary basis of less than $25,000 per year. This
term includes full-time employment, temporary employmeof of more
than 3 days' duration, and pert-time employment. It does not include
openings which the contractor propesea to till from within his own
organization or to fill pursuant to a customary and traditional employer-
union hiring arrangement nor openings in an educafional institution
which are restricted to students of that institsfion. Under the most
compelling circumstances an employment opening rr~y not be
suitable for lisfing, including such situations where the needs of the
Government cannot reasonably be otherwise supplied, where listing
would be contrary to national security, or where the requirement of
listing would otherwise not be for the best interest of the Government.
(2) "Appropriate office of the State employment service
system" means the local office of the Federal-Stats national system of
public employment offices with assigned responsibility for serving the
area where the employment opening is to be filled, including the
District of Columbia, Guam, Puerto Rico, and the Virgin lelaeds.
(3) "Openings which the contractor proposes to fill from within
his own organiaation" means employment openings for which no
consideration will be given to persons outside the contractor's
organization (including any affiliates, subeidiades, and the parent
companies) and includes any openings which the contractor proposes
to fi[[ from reguledy established "recall" lists.
(4) "Openings which the contractor proposes to ifil pursuant a
customary and tradifioea[ employer-union hiring arrangement" ,tins
employment openings which the coof~'actor proposes to fill from union
halls, which is pert of the customary and traditional hidng relationship
which exists between the contractor and representatives of his
employees.
(i) The cont,'actor agrees to comply with the rules; regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
(j) in the event of the confractor's non-comp[ianse with the
requirements of this clause, actions for non-compliance may be tekea
in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act
(k) The contractor agrees to post in conspicuous places, avellabte
to employees and applicants for employment, notices in a form to be
prascdbed by the Director, provided by or through the contracting
officer. Such notice shall slate the contractor's obligations under the
law to take affirmative action to employ and advance in employment
qualified disabled veterans and veterans of the Vietnam era for
employment, and the dghts of applicants and employers.
(]) The contractor witi notif7 each labor union or representative of
workers with which it has a coltecfive bargaining agreement or other
contract understanding, that the contractor is bound by the terms of
the Vietham Ers Veterans Readjustment Assistance Act, and is
committed to take affirmative action to employ the advance in
employment qualified disabled veterans and veterans of the Vietnam
era.
(m) The contractor will include the previsions of this clause in
every subcontract or purchase order of $10,000 or more unless
exempted by rules, regulations, or orders of the Secretary issued
pursuant to tea Act, so that such provisions wilt be binding upon each
subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the Director of the
Office of Federal Contrect Compliance Programs may direct to enforce
such provisions, including action for non-comptiance.
I11. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
(a) The contracter will not discriminate against any employee or
applicent for employment because of physical or mental handicap in
regard to any pceifiea for which the employee or applicant for
employment is qualified. The contractor aggreas to take affirmative
action to employ, advance, in employment and otherwise treat
qualified handicapped individuals without discdminafice based upon
their physical or mental handicap in all employment practices such as
the following: Employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or terminafion, rates of pay or other
forms of compensation, and selection for training, including
apprenticeship.
(b) The contractor agrees to comply with the rules, regulations,
and relevant orders of the Secretary of Labor issued pursuant to the
Act.
(c) in the event of the contractor's non-compliance with the
requirements of this clause, actions for non-compliance (nay be taken
in accordance with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the ACt.
(d) The contractor agrees fo post in conspicuous places, available
to emp[oyeas and appiicents for employment, notices in a form to be
prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the contractor's obligations under the
law to take affirmative action to employ and advance in employment
qualified handicapped employees and applicants for employment, and
the dghts of applicants and employeas.
(e) The contractor will nofi~ each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the contractor is bound by the terms of
section 503 of the Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically
and mentally handicapped individuals.
(f) The contractor will include the provisions of this clause in evary
subcontract or purchase order of $2,500 or more unless exempted by
rules, regulations, or orders of the Secretary issued pursuant to
section 503 of the Act, so that such provisiocs will be binding upon
each subcontractor or vendor. The conbactor will take such action with
respect to any subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs may direct to enforce
such provielces, including action for non-cornpliance.
SECURITY WAIVER FEE ACKNOWLEDGEMENT
Attached is the requested fee for the said "Security Waiver~.
Amount Enclosed:
Agency Number:
City/State Location:
Agent's Name:
Responsible ASM:
Waiver fee has been declined by agent; attached is a copy of proof for preferred
source (bond, letter of credit, cash) of secudty protection.
Above mentioned should be sent via U.S. Mail, along with a check made payable to
Greyhound Lines, Inc.:
Greyhound Lines, Inc.
Attn: Tineke Lacy- M/S 5788
350 N. St. Paul Street
Dallas, TX 75201
Amendment Rider or contract should be sent via busmail separately from the above to:
Valede Cole
Contracts Administration
North Dallas, TX
SECURITY WAIVER FEE RECEIPT
Detach receipt for agent's records for the said "Security Waiver Fee".
Amount Enclosed:
Agency Number:
City/State Location:
Agent's Name:
Responsible ASM: