1996-016-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 94-101
RESOLUTION NO. 96-016
WHEREAS, the City Council of the City of Paris did heretofore in Resolution No.
94-101 which was amended by Resolution No. 94-128, passed and adopted on the 6th day
of October, 1994, authorize the application for a Statewide Transportation Enhancement
Program grant from the Texas Department of Transportation to fund a project of
construction entitled PLUM STREET 1900 BWCK SURI<'ACE WATER RUNOFF
POLLUTION AND I<'LOOD MITIGATION PROJECT; and,
WHEREAS, the City of Paris is in need of engineering services under the PLUM
STREET 1900 BWCK SURI<'ACE WATER RUNOFF POLLUTION AND FLOOD
MITIGATION PROJECT, Texas Department of Transportation CSJ: 0901-29-905 as
funded in said grant; and,
WHEREAS, HAYTER ENGINEERING, INC., Paris, Texas, has made a proposal
for such services, which have been incorporated in the form of a contract attached hereto
as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01<' PARIS, that
the proposal of HAYTER ENGINEERING, INC., in the form of an Agreement for
Professional Services between the City of Paris and HAYTER ENGINEERING, INC., for
the PLUM STREET 1900 BWCK SURI<'ACE WATER RUNOFF POLLUTION AND
FLOOD MITIGATION PROJECT, Texas Department of Transportation CSJ: 0901-
29-905, attached hereto as Exhibit A, is accepted; and,
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris,
Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of
the City of Paris the Agreement for Professional Services in the form of Exhibit A attached
hereto.
PASSED AND ADOPTED this 12th day of February, 1996.
ATTEST:
Mattie Cunningham, City C
APPROVED AS TO I<'ORM:
fb~
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into by and between the
City of Paris, a municipal corporation, acting herein by and
through duly appointed officials, authorized to act by resolution
of the city council of said City, hereinafter called "OWNER', and
HAYTER ENGINEERING, INC., a Texas corporation, acting herein by and
through a duly authorized officer, hereinafter called "ENGINEER".
OWNER
connection
mitigation
desires services of ENGINEER herein described in
with a TxDOT ISTEA funded urban stormwater pollution
project near 19th NW and Plum sts.
WIT N E SSE T H:
In consideration of the mutual promises herein contained and
the mutual benefits herein available, the parties agree as follows:
1. Term of AGREEMENT: This AGREEMENT shall become effective
on the day it is executed, and shall continue in effect
thereafter until the services provided for herein have been
performed, or until terminated as provided herein.
2. services to be Performed by ENGINEER: Basic services are
detailed on Exhibit B hereto:
OWNER may request additional services, and such services may
consist of any services normally rendered by ENGINEER. Such
services shall be termed "Additional services" and
compensation shall be determined as per section 3(b) hereof,
authorized in accordance with section 8.
Basic services during the construction period, if any such
services are included in this AGREEMENT, are understood to be
for the time of completion initially specified in the
corresponding construction contract, and services beyond that
time of completion, including services as expert witness or
otherwise assisting in litigation, or services due to failure
of the CONTRACTOR to complete on time, will be deemed
additional services, in accordance with section 3(b) hereof.
3. Compensation of ENGINEER: OWNER shall pay ENGINEER for
the services rendered under this AGREEMENT as follows:
(a) Basic Services - For the basic services outlined in
section 2.1-2.4 of Exhibit B, a lump sum of $14,500. Other
engineering services outlined in Exhibit B shall be billed as
shown therein.
(b) OWNER shall pay ENGINEER for additional services
requested by OWNER, at the hourly rates on Schedule A attached
hereto for services rendered by principals and employees
assigned to perform such services, plus reimbursable expenses
as defined below.
Page 1 of 14
EXHIBIIA
(c) ENGINEER shall submit monthly statements for basic and
additional services rendered. These will be based upon
ENGINEER'S estimate of the proportion of the total services
completed at the time. OWNER shall make prompt payments in
response to ENGINEER'S statements. If OWNER fails to make any
payment due ENGINEER within thirty (30) calendar days of the
receipt of ENGINEER'S statement therefor, the amounts due
ENGINEER shall increase at the rate of one percent (1.0%) a
month beginning from said thirtieth 30th day. In addition,
ENGINEER may, after giving seven (7) calendar days written
notice to OWNER, suspend services under this AGREEMENT until
paid.
(d) In the event of termination by OWNER under Paragraph
Five, ENGINEER shall be entitled to payment for services
rendered through receipt of notice of termination. ENGINEER
will also be entitled to payment for all termination expenses.
(e) "Termination expenses" means reimbursable expenses,
salaries, and overhead costs attributable to termination,
including, for example, but not limited to, costs incurred in
transferring job records to OWNER, costs of termination
negotiations, and reassignment of personnel. "Reimbursable
expenses" include, but are not limited to, long "distance
telephone charges, postage, equipment rental, expendable
supplies, mileage, subcontractors or special consul tants,
freight, testing fees, copies, blueprints and similar
expenses. Where special consultants or subcontractors are
utilized in connection with additional services, the
ENGINEER'S reimbursement shall include, in addition to the
amount of the invoice from said subcontractor or consultant,
a service charge equal to 10% of the invoice amount.
4. Services to be Performed by OWNER: OWNER shall: (i)
designate a specific person as OWNER'S representative with
respect to these servicesj (ii) provide ENGINEER with any
previous studies, reports, data, budget constraints, special
OWNER requirements, or other pertinent information of which
the OWNER may be awarej (iii) ensure access for the ENGINEER
to properties as necessary for performance of the ENGINEER'S
workj (iv) provide grant administration personnel, on-site-
observer, legal counsel, accountants, insurance consultants,
financial advisors or other similar specialists as required
for the projectj (v) make prompt payments in response to
ENGINEER'S statementsj and (vi) respond in a timely fashion to
requests for further instructions or information from the
ENGINEER.
ENGINEER shall be entitled to rely upon and use, without
independent verification and without liability, all such
information and services provided by OWNER or OWNER'S
appointees, or with respect to buried utilities, the utility
providing service in the project area, in performing
ENGINEER'S services under this AGREEMENT.
Page 2 of 14
5. Termination: The obligation to provide further services
under this AGREEMENT may be terminated by either party upon
ten (10) calendar days written notice in the event of
substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the
terminating party.
6. Reuse of Documents: All documents prepared by ENGINEER
are instruments of service in respect of the specific project
contemplated under this AGREEMENT. They are not intended to
be suitable for reuse on extensions of that project, or on any
other project. Any reuse without written verification or
adaptation by ENGINEER for the specific purpose intended will
be at OWNER'S sole risk and without liability or legal
exposure to ENGINEERj and OWNER hereby agrees to indemnify and
hold harmless ENGINEER from all claims, damages, losses and
expenses including Attorney's fees arising out of or resulting
therefrom.
7. Notices: Any notices to be given hereunder by either
party to the other may be effected either by personal delivery
in writing or by registered or certified mail.
8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall
not create any rights or benefits to parties other than the
OWNER and the ENGINEER, and this instrument contains the sole
and entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any
oral representations or modifications concerning this
instrument shall be of no force or effect, excepting as a
subsequent modification in writing, signed by the parties with
respect to this project.
9. Texas Law to APply: This AGREEMENT shall be construed
under and in accordance with the laws of the State of Texas.
10. Parties Bound: This AGREEMENT shall be binding upon and
inure to the benefit of the parties hereto and their
representatives, successors and assigns.
11. Legal Construction: Any provisions in this AGREEMENT
later held to be invalid, illegal or unenforceable shall be
deemed void, and this AGREEMENT shall be construed as if such
invalid, illegal or unenforceable provision had never been
contained herein.
12. Other provisions: The parties hereto further agree as
follows:
(a) The ENGINEER has not been retained or compensated to
provide design and construction review services relating to
any construction contractor's safety precautions or to means,
methods, techniques, sequences, or procedures required for the
contractor to perform his work, but not relating to the final
or completed structure. The ENGINEER does not in any manner
Page 3 of 14
guarantee the performance of the construction contractors. On-
site observation of the construction work is available as an
additional service, as herinafter described.
(b) ENGINEER will strive to perform services hereunder in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing in
the same locality under similar conditions. No other
representation, express or implied, and no warranty or
guarantee is included or intended in this AGREEMENT, or in any
report, opinion, document, or otherwise.
(c) Any opinion of the probable construction or project cost
prepared by the ENGINEER represents only his judgement as a
design professional and is supplied for the general guidance
of the OWNER. Since the ENGINEER has no control over the cost
of labor and material, or over the contractor's means,
methods, or equipment, or over market conditions, or over
design requirements mandated by various government regulatory
agencies, the ENGINEER does not imply nor guarantee the
accuracy of such opinions as compared to contractor bids or
actual project costs to the OWNER. In the event that the
OWNER elects to redesign or rebid the project in an effort to
reduce costs, ENGINEER'S services rendered for such rebidding
or redesign shall be deemed additional services.
(d) In recognition of the relative risks and benefits of the
project to both the OWNER and the ENGINEER, the risks have
been allocated such that the OWNER agrees, to the fullest
extent permitted by law, to limi t the liabili ty of the
ENGINEER and his subconsultants to the OWNER and to all
construction contractors and subcontractors on the project for
any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, so
that the total aggregate liability of the ENGINEER and his
subconsultants to all those named shall not exceed $100,000 or
the ENGINEER'S total fee for services rendered on this
project, whichever is greater. Such claims and causes
include, but are not limited to negligence, professional
errors or omissions, strict liability, breach of contract or
warranty.
(e) The OWNER will require that any construction contractor
or subcontractors performing work in connection with Drawings
and Specifications produced under this AGREEMENT hold
harmless, indemnify and defend, the OWNER and this ENGINEER,
their consultants, and each of their officers, agents, and
employees from all liability claims, losses or damage arising
out of or alleged to arise from the contractor's or
subcontractor's negligence in the performance of the work
described in the Construction Contract Documents.
13. This AGREEMENT is subject to the federal equal
opportunity and other provisions attached hereto as Exhibit C.
Page 4 of 14
IN WITNESS WHEREOF, the parties hereto, having read and
understood all of this AGREEMENT, have caused this to be executed
in duplicate copies, each of which shall have full dignity and
force as an original, on the 12th day of February , 1996.
OWNER: CITY OF PARIS, TEXAS
By:
Michael E. Malone
City Manager
ATTEST:
Mattie Cunningham, City Clerk
(Seal)
ENGINEER: HAYTER
BY:
ATTEST:~
(Corporate Seal)
" ""
Page 5 of 14
SCHEDULE A
Schedule of Per Diem Rates
January l, 1996
Personnel
Hourly Rates
Engineers/Project Managers
Junior Engineers/Technicians
Draftsmen
Administration
Principals
On-site Observer
75.00
45.00
22.00
30.00
100.00
28.50
This Schedule of hourly rates is effective until January 1, 1997,
and may be modified thereafter by the ENGINEER, at his discretion.
EXHIBIT B
SECTION I - BASIC SERVICES OF ENGINEER
2.1 General
2.1.1 ENGINEER shall provide for OWNER professional engineering
services in all phases of the Project to which this Agreement applies as
hereinafter provided. These services will include serving as OWNER'S
professional engineering representative for the Project, providing
professional engineering consultation and advice and furnishing customary
civil, structural, mechanical and electrical engineering services, and
customary architectural services incidental thereto.
2.2 Preliminary Desian Phase
ENGINEER shall:
2.2.1. Consult with OWNER to clarify and define OWNER'S requirements
for the Project and review available data.
2.2.2.
obtaining
paragraph
Advise OWNER as to the necessity
from others data or services of
3.3, and assist OWNER in obtaining
of OWNER'S providing or
the types described in
such data and services.
2.2.3. Identify and analyze requirements of governmental authorities
having jurisdiction to approve the design of the Project and participate
in consultations with such authorities.
2.3. Final Desian Phase. Drawings and Specifications Phase
2.3. l. On the basis of the accepted preliminary documents and the
op1n1on of probable Total Project Costs prepare for incorporation in the
Contract Documents final drawings to show the general scope, extent and
character of the work to be furnished and performed by CONTRACTOR(S)
(hereinafter called "Drawings") and Technical Specifications, prepared in
accordance with the most recent Standard Specifications for Construction
of Hiahways. Streets and Bridges.
2.3.2. Provide technical criteria, written descriptions and design
data for OWNER'S use in obtaining approvals of such governmental
authorities as have jurisdiction to approve the design of the Project,
and assist OWNER in consultations with appropriate authorities.
2.3.3. Advise OWNER of any adjustments to the latest opinion of
probable Total Project Costs caused by changes in general scope, extent
or character or design requirements of the Project or Construction Costs.
2.3.4. Prepare for review and approval by OWNER, its legal counsel and
other advisors contract agreement forms, general conditions, and
supplementary conditions, and bid forms, invitations to bid and
instructions to bidders and assist in the preparation of other related
documents.
Page 7 of 14
2.3.5. Furnish one copy of the above documents and of the Drawings and
Specifications and present and review them in person with OWNER. Two
additional copies will be furnished by the ENGINEER to the appropriate
review agencies (TxDOT).
2.4. Bidding
2.4.1. Assist OWNER in advertising for and obtaining bids or
negotiating proposals for each separate prime contract for construction,
materials, equipment and services; and maintain a record of prospective
bidders to whom Bidding Documents have been issued, attend pre-bid
conferences and receive and process deposits for Bidding Documents.
2.4.2. Issue addenda as appropriate to interpret, clarify or expand
the Bidding Documents.
2.4.3.
Attend the bid opening and prepare bid tabulation sheets.
2.5. Construction Phase
During the construction phase:
2.5.1. General Administration of Construction Contract. In the event
that OWNER requests ENGINEER to provide construction review services, the
following services shall be provided with compensation provided pursuant
to section 3(b) hereof. ENGINEER shall make periodic site visits for
observation of construction, and act as OWNERS representative as defined
in the construction contract. All of OWNERS instructions to CONTRACTORS
will be issued through ENGINEER who will have authority to act on behalf
of OWNER to the extent provided in said construction contract.
Visits to site and Observation of Construction. In connection with
observations of the work of CONTRACTOR(S) while it is in progress:
2.5.2.1. ENGINEER shall make visits to the site at intervals appropriate
to the various stages of construction as ENGINEER deems necessary in
order to observe as an experienced and qualified design professional the
progress and quality of the various aspects of the CONTRACTOR(S) work.
Based on information obtained during such visits and on such
observations, ENGINEER shall endeavor to determine in general, if such
work is proceeding in accordance with the contract documents and ENGINEER
shall keep OWNER informed of the progress of the work.
2.5.2.2. The purpose of ENGINEER'S visits to and representation by the
on-site observer at the site will be to provide for OWNER a greater
degree of confidence that the completed work of CONTRACTOR(S) will
conform generally to the contract documents and that the integrity of the
design concept as reflected in the contract documents has been
implemented and preserved by CONTRACTOR(S). On the other hand, ENGINEER
shall not, during such visits or as a result of such observations of
CONTRACTOR(S) work in progress, supervise, direct or have control over
CONTRACTOR(S) work, nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences or
procedures or construction selected by CONTRACTOR(S) for safety
Page 8 of 14
precautions and programs incident to the work of CONTRACTOR(S) or for any
failure of CONTRACTOR(S) to comply with laws, rules, regulations,
ordinances, codes or orders applicable to CONTRACTOR(S) furnishing and
performing their work. Accordingly, ENGINEER can neither guarantee the
performance of the construction contracts by CONTRACTOR(S), nor assume
responsibility for CONTRACTOR(S) failure to furnish and perform their
work in accordance with the contract documents.
this section 1.
2.5.3.
Limitation of Responsibilities
ENGINEER shall not be responsible for the acts or omissions of any
CONTRACTOR(S), or of any subcontractor or supplier, or any of the
CONTRACTOR(S) or subcontractor's suppliers, agents or employees, or any
other persons (except ENGINEER'S own employees and agents) at the site or
otherwise furnishing or performing any of the CONTRACTOR(S) work;
however, nothing contained in section 1.6. shall be construed to release
ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the contract documents.
SECTION 2.6. - Additional Engineering Services
The Engineer shall provide the following services, with compensation
as indicated by section:
Sec 2.6.1
Environmental Review
Prepare environmental assessment, in a form consistent with TxDOT
requirements. Coordinate environmental clearance procedures with other
interested parties. Document consideration of any public comments.
Prepare required Phase I site assessment, per applicable federal
standards. compensation shall be per section 3 (b) hereof.
Sec 2.6.2
Contract Award
Assist OWNER in obtaining bid proposals for each separate prime contract
for construction, including advertising for competitive bids, and
consulting with prospective construction contractors as to the intent of
plans and specifications. Assist OWNER in determining the acceptability
of subcontractors and others proposed by the prime contractor. Consult
with and advise OWNER as to the acceptability of substitute materials and
equipment proposed by the construction contractor. Assist OWNER in
evaluating competitive bids and in assembling and awarding contracts.
ENGINEERS fee shall be per section 3 (b) hereof.
section 2.6.3 property and Design Surveys
OWNER will provide property surveys for all sites and easements acquired
for the project. ENGINEER will provide all surveys needed for design and
drawing of the proposed improvements. ENGINEERS fee for design surveys
will be $3,000. ENGINEER will , at OWNERS request, provide property
surveys with compenstation payable per Section 3(b) hereof.
Page 9 of 14
section 2.6.4 Testing
ENGINEER shall arrange for, and coordinate, laboratory testing of
construction materials and construction, as deemed necessary by the
ENGINEER.
section 2.6.7. Limitation
ENGINEER shall not exceed budgeted amounts for services as identified
on Form B., Attachment 2 of the OWNER'S ISTEA grant application ,
without additional authorization by OWNER. Services not identified as
lump sum are billable at per diem rates, as shown on Attachment A and
para 3.(b) hereof.
Page 10 of 14
EXHIBIT C
Eaual Emu10vrnent Oouortunitv
During the performance of this Contract, the Firm agrees as follows:
A. The Firm will not discriminate against any employee or applicant
for employment because of race, creed, sex, color, handicap or
national origin. The Firm will take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, creed, sex, color,
handicap or national origin. Such action shall include, but not
be limited to, the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advercising; layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Firm agrees
to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
City/County setting forth the provisions of this non-
discrimination clause.
B. The Firm will, in all solicitation or advertisements for employees
placed by or on behalf of the Firm, state that all qualified
applicants will receive consideration for employment without
regard to race, creed, color, sex, handicap or national origin.
C. The Firm will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such
provisions will be binding upon each subcontractor, provided that
the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
Civil RiGhts Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall,
grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance.
on the
Section I09 of the HousinG and Community Development Act of 1974
No person in the United States shall on the ground of race, color,
national origin, or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under
this title.
13
"Section 3" Comuliance in the Provision of "T'-aininq. Emulovrnent and
Business Ooportu ties
A. The work to be performed under this contract is on a project
assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development
and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection
with the project be awarded to business concerns which are located
in, or owned in substantial part by, persons residing in the area
of the project.
B. The parties to this contract will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 C.F.R.
235, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties
to this Contract cercify and agree that they are under no
contractual or other disability which would prevent them from
complying with these requirements.
C. The Contractor will send to each labor organization or
representative of workers with which he/she has a collective
bargaining agreement or other contract or understanding, if any, a
notice advising the said labor organization or workers'
representative of his/her commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
D. The Contractor will include this Section 3 clause in every
subcontract for work in connection with the project and will, at
the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation
of regulations issued by the Secretary of Housing and Urban
Development, 24 C.F.R., Part 135. The Contractor will not
subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of
regulations under 24 C.F.R. Part 135 and will not let any
subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements
of these regulations.
E. Compliance with the provisions of Section 3, the regulations set
forth in 24 C.F.R. Part 135, and all applicable rules and orders
of the Department issued hereunder prior to the execution of the
contract, shall be a condition of the Federal financial assistance
provided to the project, binding upon the applicant or recipient
for such assistance, its successors and assigns. Failure to
fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its SUCcessors and
14
assigns to tr
agreement or
provided, and
135.
'e sanctions spe'cified by e grant or loan
~ntract through which fede.dl assistance is
to such sanctions as are specified by 24 C.F.R.
Part
Section 103 Handicapped (if $2.500 or Over) Affirmative Action for
Handicaoped Workers
A. The Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap in
regard to any position for which the employee or applicant for
employment 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 the following: Employment, upgrading, demotion
or transfer, recruitment, advertising, layoff or termination,
rates of payor other forms of compensation, and seleccion 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 may 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 to post in conspicuous places, available to
employees and applicants 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 obligation
under the law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
E. The Contractor will notify 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 every
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 provisions will be binding
upon each subcontractor with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
15
Interest of Membr ; of a City/County
No member of the governing body of the City/County and no other
officer, employee, or agent of the City/County who exercises any
functions or responsibilities in connection with the planning and
carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract, and the Firm shall take
appropriate steps to assure compliance.
Interest of Other Local Public Officials
No member of the governing body of the locality and no other public
official of such locality, who exercises any functions or
responsibilities in connection with the planning and carrying out of
the program, shall have any personal financial interest, direct or
indirect, in this Contract, and the Firm shall take appropriate steps
to assure compliance.
Interest of Firm and Emulovees
The Firm covenants that he/she presently has no interest and shall not
acquire interest, direct or indirect, in the study area or any parcels
therein or any other interest which would conflict in any manner or
degree with the performance of his/her services hereunder. The Firm
further covenants that in the performance of this Contract, no person
having any such interest shall be employed.
16