2009-070-RES-City of Paris is in need of management services under the aforesaid TCF-TDA Main Street ProgramRESOLUTION N0. 2009-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A111D AUTHORIZING THE EXECUTION OF A PROFESSIONAL
MANAGEMENT SERVICES AGREEMENT WITH MUNICIPAL
DEVELOPMEIVT SERVICES TO IMPLEMENT A CONTRACT
ADMINISTRATION SYSTEM UNDER THE GEIVERAL DIRECTIOIV OF THE
TEXAS CAPITAL FUND GRANT FROM THE TEXAS DEPARTMENT OF
AGRICULTURE UNDER THE MAIN STREET PROGRAM FOR SIDEWALK
IMPROVEMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING A1V EFFECTIVE DATE.
WHEREAS, the City of Paris is a participant in the Texas Capital Funds (TCF) grant
from the Texas Department of Agriculture (TDA) under the Main Street Program and is a
recipient of grant funds for sidewalk improvements in the City of Paris; and,
WHEREAS, the City of Paris is in need of management services under the aforesaid
TCF - TDA Main Street Program; and,
WHEREAS, the City of Paris has received a proposal for such services from
Municipal Development Services in the form attached hereto as Exhibit A; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that the City
enter into a professional services agreement with Municipal Development Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the proposal of Municipal Development Services to implement a
contract administration system under the general direction of the TDA and for certain
services in connection with the Main Street Program for sidewalk improvements for the
City of Paris as set forth in Exhibit A attached hereto, be and the same is hereby accepted;
and,
Section 3. That the City Manager be, and he is hereby authorized and directed to
execute on behalf of the City of Paris a Professional Management Services Agreement with
Municipal Development Services substantially in accordance with the form attached hereto
as Exhibit A, and any and all other necessary documents to effectuate this Agreement.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of July, 2009.
ATTEST:
~
nice Ellis, City Clerk
APPROVED AS TO FORM:
~
W. Kent Mc r, C ttorney
esse Ja es Freelen, Mayor
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is entered into by the City of Paris, a home-rule municipal corporation hereinafter
called "CITY," and Municipal Development Services, a Texas corporation, acting herein through a
duly authorized officer, hereinafter called "MDS" for Management and Administrative Assistance in
the administration of a Texas Capital Fund (TCF) grant from the Texas Department of Agriculture
(TDA) under the Main Street Program for sidewalk improvements.
WITNESSETH:
For the mutual promises and benefits herein described, the parties agree as follows:
1. Term of Agreement: This Agreement shall become effective on the day it is signed by the
last party hereto, 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 MDS: MDS shall diligently and timely perform the
Professional Management and Administrative Assistance in the administration of a Texas
Capital Fund (TCF) grant from the Texas Department of Agriculture (TDA) under the Main
Street Program for sidewalk improvements in the City of Paris, Lamar County, Texas
("Project") and all other services described in the Scope of Services attached hereto and
incorporated herein by reference as Exhibit A("Services").
3. Compensation of MDS: The CITY shall compensate MDS for the services provided and
accepted by CITY pursuant to this Agreement and in accordance with the Payment Schedule
attached hereto as Exhibit B. Provided, however, total compensation under this Agreement
shall not exceed the amount quoted in Exhibit B without prior written authorization from the
City Manager of the City of Paris, Texas.
4. Independent Contractor: MDS covenants and agrees that MDS is an independent contractor
and not an officer, agent, servant or employee of CITY; that MDS shall have exclusive
control of and exclusive right to control the details of the work performed hereunder and all
persons performing same, and shall be responsible for the acts and omissions of its officers,
agents, employees, contractors, subcontractors and MDSs; that the doctrine of respondeat
superior shall not apply as between CITY and MDS, its officers, agents, employees,
contractors, subcontractors and MDSs, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and MDS.
5. Indemnification. MDS hereby agrees to release, defend, indemnify and hold the CITY and
its elected officials, officers, agents and employees harmless from and against all damages,
injuries (including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including reasonable attorney's fees and expenses, in any way
arising out of, related to, or resulting from the services provided by MDS pursuant to this
Agreement, but only to the extent caused by the negligent act or omission or intentional
wrongful act or omission of MDS, its officers, agents, employees, subcontractors,
subconsultants, licensees, invitees or any other third parties for whom MDS is legally
responsible (hereinafter "Claims"). MDS is expressly required to defend CITY against all
such claims and/or lawsuits.
1 EXHIBIT .g.
6. Insurance Requirements: MDS agrees to meet all insurance requirements set out below, and
to require all subcontractors and/or subconsultants who perform work for MDS on this
Project to meet these insurance requirements as well:
MDS shall maintain insurance for this Project in accordance with the following required
coverages and limits, and shall furnish a copy of said policies or properly executed Accord
Certificates to the City upon execution of this Agreement and throughout the Contract term.
The City of Paris, its elected officials, officers and employees shall be included and covered
as Additional Insured's on all policies listed below except the Professional Liability and
Workers Compensation policies. All insurance policies shall be issued by properly funded
and capitalized insurance companies authorized and licensed to write insurance policies in
the State of Texas:
General Commercial Liability $500,000 per occurrence/$1,000,000 aggregate
Commercial Auto LiabiliTy $500,000 per occurrence/$1,000,000 aggregate
Professional Liability $1,000,000 per claim and in the aggregate
Workers Compensation State required minimum limits
7. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in
a timely and proper manner his/her obligations under this Contract, or if the Consultant sha11
violate any of the covenants, agreements, or stipulations of this Contract, the City shall
thereupon have the right to terminate this Contract by giving written notice to the Consultant
of such termination and specifying the effective date thereof, at least five days before the
effective date of such termination. In such event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the
Consultant under this Contract shall, at the option of the City, become its property and the
Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by the Consultant, and
the City may withhold any payments to the Consultant for the purpose of set-off until such
time as the exact amount of damages due the City from the Consultant is determined.
8. Termination for Convenience of the City. The City may terminate this Contract at any time
by giving at least ten (10) days notice in writing to the Consultant. If the Contract is
terminated by the City as provided herein, the Consultant will be paid for the time provided
and expenses incurred up to the termination date. If this Contract is terminated due to the
fault of the Consultant, Paragraph 1 hereof relative to termination shall apply.
9. Reuse of Documents: All documents prepared by MDS for City pursuant to this Agreement
are instruments of service for the specific project contemplated under this Agreement. They
are not intended for reuse on extensions of that project, or on any other project. Any reuse
without written verification or adaptation by MDS for the specific purpose intended will be
at CITY's sole risk and without liability to MDS.
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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, to the following
address:
Director City Manager
Municipal Development Services City of Paris, Texas
P. O. Box 1705 P.O. Box 9037
Forney, TX 75126 Paris, Texas 75460
Any change of address for the purposes of Notice shall not be effective until ten (10) days
following receipt of the change of address.
Other Provisions: The parties hereto further agree as follows:
(a) Texas Law to Applv• Successors• Construction. This Agreement shall be construed
under and in accordance with the laws of the State of Texas. It shall be binding upon,
and inure to the benefit of, the parties hereto and their representatives, successors and
assigns. Should any provisions in this Agreement later be held invalid, illegal or
unenforceable, they shall be deemed void, and the remainder of this Agreement shall
be construed as if such provision had never been contained herein.
(b) Non-Assignment. The parties hereto further agree that during the term of this
agreement, the services to be provided hereunder shall remain the sole responsibility
of MDS, and that MDS shall not during the term of this agreement assign,
subcontract, or in any other way authorize or retain other parties to provide such
services without the express written consent of City Manager of the City of Paris,
Texas.
(c) No Waiver. No waiver of either party's rights under this Agreement shall be deemed
to have been made unless expressed in writing and signed by an authorized
representative of that Party.
(d) Sole Parties to Agreement. This Agreement shall not create any rights or benefits to
anyone except the CITY and MDS, and contains the entire agreement between the
parties. Oral modifications to this agreement shall have no force or effect.
(e) Venue. The parties agree that the laws of the State of Texas shall govern this
Agreement, and that all aspects of this Agreement are performable in Lamar County,
Texas. Exclusive venue for any claim or lawsuit arising out of or related to this
Agreement shall lie in Lamar County, Texas.
Any Amendment or Supplement to this Agreement shall be in writing, and be signed by the
appropriate authorized parties for both CITY and MDS.
IN WITNESS WHEREOF, the parties, having read and understood this Agreement, have executed
such in duplicate copies, each of which shall have full dignity and force as an original.
CONSULTANT: MUNICIPAL
DEVELOPMENT SERVICES
By:
Kim Lacey, Director
Date:
ATTEST:
(Corporate Seal)
OWNER: CITY OF PARIS, TEXAS
By:
Kevin Carruth, City Manager
Date:
ATTEST:
Janice Ellis, City Clerk
(Seal)
EXHIBIT A
SCOPE OF SERVICES
Municipal Development Services shall provide the following scope of services as needed:
A. Project Mana e~ent
1. Develop a recordkeeping system consistent with program guidelines, including the
establishment of a filing system
2. Maintenance of filing system
3. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters
4. Assist in the procurement of professional consulting engineering services through the request
for proposal process, if applicable, and as required by the TCDP regulations
5. Furnish City with necessary forms and procedures required for implementation of project
6. Assist the City in meeting all special condition requirements that may be stipulated in the
contract between the City and ORCA
7. Prepare and submit to Office documentation necessary for amending the TCDP contract
8. Conduct re-assessment of environmental clearance for any program amendments
9. Prepare and submit quarterly reports (progress and minority hiring)
10. Prepare Recipient Disclosure Report form for Locality signature and submittal
11. Establish procedures to document expenditures associated with local administration of the
proj ect
12. Provide guidance and assistance to City regarding acquisition of property:
• Submit required reports concerning acquisition activities to Office
• Establish a separate acquisition file for each parcel of real property acquired
• Determine necessary method(s) for acquiring real property
• Prepare correspondence to the property owners for the City's signature to acquire the
property or to secure an easement
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• Assist the City in negotiation with property owner(s)
13. Maintain TCDP Property Management register for any properiy/equipment purchased or
leased
14. Serve as liaison for the City during any monitoring visit by staff representatives from either
ORCA or HUD
B. Financial Mana eg ment
1. Assist the City in proving its ability to manage the grant funds to the state's audit division.
2. Assist the City in establishing and maintaining a bank account (Direct Deposit account)
and/or separate local bank account, journals and ledgers.
3. Assist the City in submitting the required Accounting System Certification letter, Direct
Deposit Authorization Form (if applicable), and/or Depository/Authorized Signatory form to
Office.
4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly, timely payments
to all contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation
6. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters
7. Assist the City in establishing procedures to handle the use of any TCDP program income.
C. Environmental Review
1. Prepare environmental assessment.
2. Coordinate environmental clearance procedures with other federal or state agencies and
interested parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re-assessment of environmental assessment.
5. Ensure compliance with EO 11988 for projects in the flood plains.
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6. Prepare Request for Release of Funds and certifications to be sent to the Office.
D. Acquisition
1. Prepare required acquisition reports(s).
2. Obtain documentation of ownership far City-owned properiy and/or ROWs.
3. Maintain a separate file for each parcel of real property acquired.
4. Determine necessary method(s) for acquiring real property.
5. Prepare correspondence with property owners.
6. Assist City in negotiations with property owner(s).
7. Prepare required acquisition reports and submit to the Office.
E. Construction Mana eg ment
1. Establish procedures to document expenditures associated with local construction of the
project (if force account is applicable).
• Assist City in determining whether and/or what TCDP contract activities will be carried
out in whole or in part via force account labor.
• Assist City in determining whether or not it will be necessary to hire temporary
employees to specifically carry out TCDP contract activities.
• Assist City in maintaining adequate documentation of personnel, equipment and
materials expended/used and their costs.
2. Assist City in documenting compliance with all federal and state requirements related to
equal employment opportunity.
3. Assist City in documenting compliance with all federal and state requirements related to
minimum wage and overtime pay requirements.
4. Provide assistance to ar act as local labor standards officer. Notify the Office in writing of
name, address, and phone number of appointed labor standards compliance officer.
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5. Request wage rates from the Office.
6. Provide sample TCDP contract documents to engineer.
7. Advertise for bids.
8. Make ten-day call to the Office.
9. Verify construction contractor eligibility with the Office.
10. Review construction contract.
11. Conduct pre-construction conference and prepare minutes.
12. Submit any reports of additional classification and rates to the Office.
13. Issue Notice of Start of Construction to the Office.
14. Review weekly payrolls, including compliance follow-ups. Conduct employee interviews.
15. Process change orders approved by City and the project engineer and submit to the Office
prior to execution with the construction contractor.
16. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit to
the Office.
17. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters.
F. Fair Housing / Equal Opportunitv
1. Assist the City in developing, implementing and documenting new activities to affirmatively
further fair housing activities during the contract period.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Prepare Section 3 and Affirmative Action Plan.
4. Prepare all Section 504 requirements.
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5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid
packet
G. Relocation
1. Prepare and submit local relocation guidelines to Office for approval.
2. Assist City in identifying individuals to be relocated and prepare appropriate notices.
3. Interview relocatees and identify assistance needs.
4. Maintain a relocation record for each individual/family.
5. Provide education/assistance to relocatees.
6. Inventory local available housing resources and maintain a referral list.
7. Issue appropriate notices to relocatees.
8. Ensure that all payments are made in a timely manner.
H. Rehabilitation of Private Propertv
1. Prepare and submit local rehabilitation guidelines to the Office for approval.
2. Assist City in establishing escrow account and obtaining Office approval.
3. Develop outreach and necessary application processing/verification forms.
4. Screen applicants.
5. Prepare work write-ups and cost estimates.
6. Issue Notice to Proceed to construction contractor(s).
7. Conduct interim/final inspections, process final contract documents, and maintain a record of
beneficiaries.
8. Maintain client files following Office requirements.
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I. Audit / Close-out Procedures
Prepare the final Project Completion Report, including Minority Business Report, Recipient
Disclosure/Update Report, documentation of fair housing activities and Certificate of
Completion.
2. Assist City in resolving any monitoring and audit findings.
3. Assist City in resolving any third party claims.
4. Provide auditor with TCDP audit guidelines.
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EXHIBIT B
COST OF SERVICES
The City of Paris shall compensate Municipal Development Services for their professional services
as follows:
Services Rendered
Fee
Set Up Record Keeping
$1,000.00
Environmental Review
1,000.00
Special Conditions Fulfilled
5,000.00
Quarterly Reports
2,000.00
Contractor Selection Procedure
2,000.00
Construction Compliance/Davis Bacon
2,500.00
Close-Out Documents
1.500.00
TOTAL
$15,000.00
These fees shall be billed on a percentage of completion basis and shall be payable upon the receipt
of an invoice from MDS.
Any additional services desired by the City and not associated with the general services outlined in
Part II - Scope of Services shall be billed as mutually agreed to by both parties.
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EXHIBIT C
TERMS AND CONDITIONS
Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in
a timely and proper manner his/her obligations under this Contract, or if the Consultant shall
violate any of the covenants, agreements, or stipulations of this Contract, the City shall
thereupon have the right to terminate this Contract by giving written notice to the Consultant
of such termination and specifying the effective date thereof, at least five days before the
effective date of such termination. In such event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the
Consultant under this Contract shall, at the option of the City, become its property and the
Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by the Consultant, and
the City may withhold any payments to the Consultant for the purpose of set-off until such
time as the exact amount of damages due the City from the Consultant is determined.
2. Termination for Convenience of the Citv. The City may terminate this Contract at any time
by giving at least ten (10) days notice in writing to the Consultant. If the Contract is
terminated by the City as provided herein, the Consultant will be paid for the time provided
and expenses incurred up to the termination date. If this Contract is terminated due to the
fault of the Consultant, Paragraph 1 hereof relative to termination shall apply.
3. Changes. The City may, from time to time, request changes in the scope of the services of the
Consultant to be performed hereunder. Such changes, including any increase or decrease in
the amount of the Consultant's compensation, which are mutually agreed upon by and
between the City and the Consultant, shall be incorporated in written amendments to this
Contract.
4. Personnel.
a. The Consultant represents that he/she has, or will secure at his own expense, all
personnel required in performing the services under this Contract. Such personnel shall
not be employees of or have any contractual relationship with the City.
b. All of the services required hereunder will be performed by the Consultant or under
his/her supervision and all personnel engaged in the wark shall be fully qualified and
shall be authorized or permitted under State and Local law to perform such services.
c. None of the work or services covered by this Contract shall be subcontracted without
the prior written approval of the City. Any work or services subcontracted hereunder
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shall be specified by written contract or agreement and shall be subject to each provision
of this Contract.
5. Assi nag bilitv_. The Consultant shall not assign any interest on this Contract, and shall not
transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the City thereto: Provided, however, that claims for money by the
Consultant from the City under this Contract may be assigned to a bank, trust company, or
other financial institution without such approval. Written notice of any such assignment or
transfer shall be furnished promptly to the City.
6. Reports and Information. The Consultant, at such times and in such forms as the City may
require, shall furnish the City such periodic reports as it may request pertaining to the work
or services undertaken pursuant to this Contract, the costs and obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
7. Records and Audits. The Consultant shall insure that the City maintains fiscal records and
supporting documentation for all expenditures of funds made under this contract in a manner
that conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this Contract.
Such records must include data on the racial, ethnic, and gender characteristics of persons
who are applicants for, participants in, or beneficiaries of the funds provided under this
Contract. City shall retain such records, and any supporting documentation, for the greater of
three years from closeout of the Contract or the period required by other applicable laws and
regulations.
8. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by
the Consultant under this contract are confidential and the Consultant agrees that they shall
not be made available to any individual or organization without the prior written approval of
the City.
9. Copvright. No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of the
Consultant.
9. Compliance with Local Laws. The Consultant shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Consultant shall save the
City harmless with respect to any damages arising from any tort done in performing any of
the work embraced by this Contract.
11. Ec~ual Emplovment Opportunity. During the performance of this Contract, the Consultant
agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for
employment because of race, creed, sex, color, handicap or national origin. The
Consultant will take affirmative action to ensure that applicants are employed, and that
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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
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the Ciry setting forth the provisions of this non-discrimination clause.
b. The Consultant will, in all solicitation or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, sex, handicap or national original.
c. The Consultant 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.
d. The Consultant will include the provisions a. through c. in every subcontract or
purchase order unless exempted.
12. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subj ected to discrimination under any program or activity receiving Federal
financial assistance.
13. Section 109 of the HousingLand 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.
14. "Section 3" Compliance in the Provision of Training Emplovment and Business
Opportunities.
a. The work to be performed under this contract is on a proj ect assisted under a program
providing direct Federal financial assistance from the Office 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 that 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
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set forth in 24 C.F.R. 235, and all applicable rules and orders of the Office issued
thereunder prior to the execution of this Contract. The parties to this Contract certify and
agree that they are under no contractual or other disability that 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 ar 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 Office 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 ar recipient for such assistance, its successors
and assigns. Failure to fulfill these requirements shall subject the applicant ar recipient,
its contractors and subcontractors, its successors and assigns to those sanctions specified
by the grant or loan agreement or contract through which federal assistance is provided,
and to such sanctions as are specified by 24 C.F.R. Part 135.
15. Section 503 Handicapped (if $2 500 or Over) Affirmative Action for Handicapped 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 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.
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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 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.
16. Interest of Members of a Citv. No member of the governing body of the City and no other
officer, employee, or agent of the City 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 Consultant shall take appropriate
steps to assure compliance.
17. 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 Consultant shall take appropriate
steps to assure compliance.
18. Interest of Consultant and Employees. The Consultant covenants that he/she presently has no
interest and shall not acquire interest, director indirect, in the study area or any parcels
therein ar any other interest which would conflict in any manner or degree with the
performance of his/her services hereunder. The Consultant further covenants that in the
performance of this Contract, no person having any such interest shall be employed.
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