14-HOME PROGRAM CONTRACTItem No. 14
memo�andum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: HOME PROGRAM CONTRACT
DATE: February 18, 2013
BACKGROLJND: Paris has for very many years participated in various housing programs
offered through the Texas Department of Housing & Community Affairs (TDHCA), including
the HOME program, which provides replacement housing for certain qualified persons. Because
we do not have in-house expertise, nor would it make financial sense to bring staff onboard for
this program, we have relied on vendors who specialize in these state programs to administer
applications, paperwork, communications, payments, etc.
STATUS OF ISSUE: In the case of the HOME program, we utilize the services of Resource
Management & Consulting Company. Charles and Rachel Edwards are the owner-operators of
this local company. They have provided very good, timely service and we need to renew our
agreement with them at this time.
BUDGET: Costs are borne by the program.
RECOMMENDATION: Approve execution of a Professional Services Agreement with
Resource Management & Consulting Company for administrative services for an anticipated
TDHCA HOME Fund grant.
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DRAFT
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL
MANAGEMENT SERVICES AGREEMENT WITH RESOURCE MANAGEMENT
AND CONSULTING COMPANY TO IMPLEMENT A CONTRACT
ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE
TDHCA HOME PROGRAM; MAKIIVG OTHER FINDINGS A1VD PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris is a participant in the TDHCA HOME program and is a
recipient of grant funding for the Homeowner Rehabilitation Assistance Program; and,
WHEREAS, Resource Management and Consulting Company has agreed to provide
management and administrative services under the aforesaid TDHCA HOME Program and
Homeowner Rehabilitation Assistance Program; 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 Resource Management Consulting
Company;
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 City is authorized to enter into a Professional Management
Services Agreement with Resource Management and Consulting Company to implement a
contract administration system under the general direction of the TDHCA HOME Program
and for certain services in connection with the Homeowner Rehabilitation Assistance
Program.
Section 3. That the City Manager is hereby authorized to enter into and execute a
Professional Serevices Agreement with Resource Management and Consulting Company in
a form substantially similar to the form attached hereto as Exhibit "A".
Section 4. That this resolution shall be effective from and after the date of
passage.
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PASSED AND ADOPTED this 25th day of February, 2013.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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A.J. Hashmi, M.D., Mayor
AGREEMENT FOR PROFESSIONAL SERVICES
TDHCA HOME ADMINISTRATOR AGREEMENT # 2012-0010
This AGREEMENT is entered into by and between the City of Paris, Texas a home-rule
municipal corporation hereinafter called ("City") and Resource Management and Consulting
Company, a Texas Corporation with principal offices at 200 North Collegiate, Paris, TX 75460,
(herein after called "RMCC") for Professional Management and Administrative assistance in the
administration of City's participation in the Texas Department of Housing and Community Affairs
(TDHCA) Home Investment Partnership Program and Reservation System (hereinafter referred to
as HOME Program).
WITNESSETH:
For the mutual promises and benefits herein described, the parties agree as follows:
1. Term of A�reement: 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. The term of TDHCA
Administrator Agreement #2012-0010 is January 28, 2013 through January 27, 2015.
2. Services to be Performed by RMCC: RMCC shall provide City with Professional Management
and Administrative Assistance in the administration of a TDHCA HOME Program Grant for
homeowner rehabilitation assistance for low income families in the City of Paris, Lamar
County, Texas (TDHCA Administrator Agreement #2012-0010) and including such other
services described in the Scope of Services attached hereto and incorporated herein by
reference as Exhibit "A" (collectively the "Project").
3. Compensation of RMCC: Compensation to RMCC for professional management and
administrative services provided under this Agreement will be made in accordance with the
Payment Schedule attached hereto as Exhibit "B;" provided, however, total compensation
under this Agreement shall not exceed the amount of fees authorized by TDHCA under
TDHCA Administrator Agreement #2012-0010.
4. Inde�endent Contractor: RMCC covenants and agrees that RMCC is an independent
contractor and not an officer, agent, servant or employee of CITY; that RMCC 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 RMCCs; that
the doctrine of respondent superior shall not apply as between CITY and RMCC, its officers,
agents, employees, contractors, subcontractors and RMCCs, and nothing herein shall be
construed as creating a partnership or joint enterprise between CITY and RMCC.
RMCC Professional Services Agreement
Page 1 of 4
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5. Indemnification: RMCC 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 RMCC pursuant
to this Agreement, but only to the extent caused by the negligent act or omission or
intentional wrongful act of omission or RMCC, its officers, agents, employees,
subcontractors, sub-consultants, licensees, invitees or any other third parties for whom
RMCC is legally responsible (hereinafter "Claims"). RMCC is expressly required to defend
CITY against all such claims and/or lawsuits.
6. Insurance requirements: RMCC shall obtain insurance policy for this Project in accordance
with the required coverage's and limits set out below, and upon request shall provide a
copy of the insurance policy or properly signed Accord Certificates to the CITY. 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. The policies shall provide 30 days advance notice of
termination or expiration of policy to the City of Paris, Texas c/o City Clerk; PO Box 9037,
Paris, TX 75461-9037 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;
RMCC Re�uired Insurance Covera�e
Professional Liability
Workers Compensation
$1,000,000 per claim and in the aggregate
State reyuired minimum limits
Contractor�Subcontractor Required Insurance Covera�e
7. Termination: This Agreement may be terminated for cause by either party following prior
written notice of the material default delivered to the breaching party and upon the
breaching party's failure to correct the default within twenty (20) days following receipt of
the notice of default. This Agreement may also be terminated by City for convenience upon
ten (10) calendar day's written notice to the other party. In such event, CITY shall pay
RMCC for all services rendered by RMCC and accepted by City up through the date of
termination. Upon notice of termination, RMCC shall turn over all documents, reports, tests,
graphs, permits, files, photographs, videotape and all other documents related to the Project
to the city of Paris.
8. Reuse of Documents: All documents prepared by RMCC are instruments of service for the
specific project contemplated under the 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 RMCC for the specific purpose intended will be at CITY's sole risk and without
liability to RMCC.
RMCC Professional Services Agreement
Page 2 of 4
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9. Notices: Any notices to be given hereunder by either party to the other may be effected
either by personal delivery, in writing, or y registered or certified mail, to the following
address:
Director
Resource Management & Consulting Company
200 N. Collegiate
Paris, TX 75460
City Manager
City of Paris, Texas
P.O. Box 9037
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.
10. Other Provisions. The parties hereto further agree as follows:
(a) Compliance with TDHCA Home Administrator Agreement #2012-0010. RMCC shall
strictly comply with all state and federal rules and regulations established for the Texas
Department of Housing and Community Affairs Home Administrator Agreement #2012-
0010 and all applicable terms and requirements associated with the TDHCA Home
Program.
(b) Standard of Care. RMCC shall perform all services required by this Agreement and this
project in a manner consistent with that level of care and skill ordinarily exercised by
members of the professional 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 the Agreement, or in any report, opinion, document, or
otherwise.
(c) Texas Law to A�.plv• 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 the 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.
(d) Non-Assi�nment. The parties hereto further agree that during the term of this
agreement, the services to be provided hereunder shall remain the sole responsibility of
RMCC and that RMCC 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.
(e) 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.
RMCC Professional Services Agreement
Page 3 of 4
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(f� Sole parties to Agreement. This Agreement shall not create any rights or benefits to
anyone except the CITY and RMCC, and contains the entire agreement between the
parties. Oral modifications to this agreement shall have no force or effect.
(g) 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.
11. Any Amendment of Supplement to this Agreement shall be in writing, and be signed by the
appropriate authorized parties for both CITY and RMCC.
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, on the 25th
day of February 2013.
CITY OF PARIS
RESOURCE MANAGEMENT & CONSULTING C0.
BY: BY:
John Godwin, City Manager Charles Edwards, Owner
ATTEST:
Witness
ATTEST:
Witness
RMCC Professional Services Agreement
Page 4 of 4
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SCOPE OF SERVICES
Resource Management � Consulting Co. (RMCC) shall provide the foilowing scope of services:
A. Proiect Administration/Contract Manaqement
1. Provide general advice and technical assistance to the City and its staff on
implementation of project and regulatory matters.
2. Furnish necessary forms and procedures for implementation of the project.
3. Assist in the procurement of professional consulting engineering services through the
request for proposal process, if applicable, and as required by the TXCDBG regulations.
4. Develop and assist the City with a recordkeeping system consistent with program
guidelines, including establishment and maintenance of program files.
5. Serve as liaison for the City during any monitoring visits by staff representatives from the
TDHCA.
6. Assist the City in meeting all special condition requirements that may be stipulated in the
contract between the City and Department.
7. Prepare and submit to Department quarterly reports. (Progress and minority hiring)
8, Prepare and submit to Department documentation necessary for amending the TDHCA
contract.
9. Conduct re-assessment of environmental clearance for any program amendments.
10. Prepare Recipient Financial Interest Report form for City signature and submittal.
11. Establish procedures to document expenditures associated with local administration of
the project.
12. Provide guidance and assistance to City regarding acquisition of property:
• Submit required reports concerning acquisition activities to Department.
• 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.
• Assist the City in negotiation with property owner(s).
13. Maintain TDHCA Property Management register for any property/equipment purchased
or leased.
14. Assist in the administration of the funded grant project in accordance with all TDHCA
requirements, including but not limited to the following:
. Housing rehab or utility services replacement activity management.
. Preparation of program forms, recipient applications, recipient requirements and
application priority rating.
• Work write-up, general construction specifications and inspections.
• Forgivable loan processing and tracking, bidding and project closeout.
EXHIBIT "A"
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B. Financial Manaqement
1. Assist the City in proving its ability to manage the grant funds to the state's audit division
and assist in the establishment of a satisfactory accounting system.
2. Assist the City in establishing and maintaining a bank account (Direct Deposit account)
and/or separate local bank account, journals, and ledgers and a policy to retain all files
for a period of not less than three (3) years from closeout.
3. Assist the City in submitting the required Accounting System Certification letter, Direct
Deposit Authorization Form (if applicable), and/or the Depository/Authorized Signatory
form to Department.
4. Assist the City in submitting and updating all necessary financial forms.
5. Preparation of drawdown requests on behalf of the City in order to ensure orderly, timely
payments to all contracting parties within the allotted time period.
6. Assist the City to establish procedures to handle the use of any TDHCA program income
as necessary.
7. Review invoices received for payment and file back-up documentation.
8. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matter.
C. Environmental Clearance Procedures
1. Assist the City in meeting all environmental clearance procedures required by
Department, including the preparation of a preliminary environmental assessment and
consideration of any historic and flood plain concerns.
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 Request for Release of Funds and certifications to be sent to Department.
5. Assist the City with advertisement, public comments.
6. Assist in maintaining environmental review file.
7. Ensure compliance with EO 11988 for projects in the flood plains.
D. Acquisition (not anticipated)
1. Prepare required acquisition report(s).
2. Assist the City in obtaining documentation of ownership for City-owned property 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.
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6. Assist the City in negotiations with property owner(s).
7. Prepare required acquisition final reports and submit to Department.
E. Labor Standards and Construction Manas�ement
1. Establish procedures to document expenditures associated with local construction of the
project (if force account is applicable).
• Assist the City in determining whether or not it will be necessary to hire
temporary employees to specifically carry out TDHCA contract activities.
• Assist the City in determining whether and/or what contract activities will be
carried out in whole or in part via force account labor.
• Assist the City in maintaining adequate documentation of personnel, equipment
and materials expended/used and their costs.
2. Assist the City in documenting compliance with all federal and state requirements related
to equal employment opportunity.
3. Assist the City in documenting compliance with all federal and state requirements related
to minimum wage and overtime pay requirements.
4. Provide assistance to or act as local labor standards officer.
5. Request wage rates from Department.
6. Assist the City with the advertisement for bids.
7. Make ten-day call to Department.
8. Verify construction contractor eligibility with Department.
9. Submit Notice of Start of Construction Form to Department.
10. Conduct pre-construction conference and prepare minutes.
11. Review weekly payrolls and conduct compliance follow-ups.
12. Conduct employee interviews.
13. Process and submit change orders to Department prior to execution.
14. Maintain Monthly Employment Utilization reports.
15. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit
to Department.
16. Provide sample TxCDBG contract documents to engineer.
17. Review construction contract.
18. Submit any reports of additional classification and rates to Department.
19. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters.
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F. EQUat Opportunitv / Fair Housina
1. Assist the City in developing, implementing and documenting new activities to
affirmatively further fair housing activities.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Ensure compliance with Section 3 and Affirmative Action Plan.
4. Assist the City with Section 504 Self-Evaluation Review Form.
5. Assist the City with newspaper advertisement - Notice on Section 504 Compliance
Requirements.
6. Maintain correspondence concerning Contractor Equal Opportunity compliance.
7. Assist the City with Excessive Force Policy.
G. Relocation (not anticipated)
1. Assist the City in designing local relocation guidelines.
2. Assist the 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 relocates.
8. Ensure that all payments are made in a timely manner.
H. Economic Development Functions (Applicab�e to Texas Capital Fund Projects only)
1. Monitor status of leveraged funds.
2. Oversee execution of local loan contracts
3. Monitor employment creation and job goals.
4. Assist in preparing hiring plan.
5. Assist in developing loan reuse plan.
6. Monitor project compliance with Department requirements as specified in grant
agreement.
I. Rehabilitation of Private Propertv (Applicable to Housing Rehabilitation Projects only)
1. Prepare and submit local rehabilitation guidelines to Department for approval.
2. Assist the City in�establishing escrow account and obtaining Department approval.
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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 Department requirements. �
J. Audit/Close-out Procedures
1. Prepare the final Project Completion Report, including Minority Business Report, Monthly
Employment Utilization Report, Recipient Disclosure/Update Report, documentation of
fair housing activities and Certificate of Completion.
2. Attend and prepare necessary documentation for state monitoring visit.
3. Assist the City in responding to any monitoring findings.
4. Assist the City in resolving any third party claims.
5. Provide auditor with TDHCA audit guidelines.
THE ABOVE SCOPE OF WORK IS INTENDED TO IDENTIFY THE MAJOR ELEMENTS ASSOCIATED
WITH THE MANAGEMENT AND IMPLEMENTATION OF PUBLIC WORK PROJECTS UTILIZING
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS. IT IS OUR INTENTION
AND PRACTICE TO PROVIDE OUR CLIENTS WITH ALL NECESSARY AND REQUIRED
ASSISTANCE TO SUCCESSFULLY COMPLETE THE PROGRAM MANAGEMENT ASPECT OF
THEIR PROJECT.
TERMS AND CONDITIONS
PROFESSIONAL MANAGEMENT SERVICES
Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely
and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the
covenants, agreements, or stipulations of this Contract, the City/City shall thereupon have the
right to terminate this Contract by giving written notice to the Firm 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 Firm under this Contract shall,
at the option of the City/City, become its property and the Firm shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Firm shall not be relieved of liability to the City/City for damages
sustained by the City/City by virtue of any breach of the Contract by the Firm, and the City/City
may withhold any payments to the Firm for the purpose of set-off until such time as the exact
amount of damages due the City/City from the Firm is determined.
2. Termination for Convenience of the Citv/Citv. The City/City may terminate this Contract at any
time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by
the City/City as provided herein, the Firm 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 Firm, Paragraph 1
hereof relative to termination shall apply.
Chanqes. The City/City may, from time to time, request changes in the scope of the services of
the Firm to be performed hereunder. Such changes, including any increase or decrease in the
amount of the Firm's compensation, which are mutually agreed upon by and between the
City/City and the Firm, shall be incorporated in written amendments to this Contract.
4. Personnel.
a. The Firm 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/City.
b. All of the services required hereunder will be performed by the Firm or under his/her
supervision and all personnel engaged in the work 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/City. Any work or services subcontracted hereunder
shall be specified by written contract or agreement and shall be subject to each provision
of this Contract.
5. Assiqnabilitv. The Firm 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/City thereto: Provided, however, that claims for money by the Firm from the City/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/City.
6. Reports and Information. The Firm, at such times and in such forms as the City/City may require,
shall furnish the City/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.
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7. Records and Audits. The Firm shall insure that the City/City maintains fiscal records and
supporting documentation for all expenditures of funds made under this contract in a manner
which 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/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. Findinqs Confidential. All of the reports, information, data, etc., prepared or assembled by the
Firm under this contract are confidential and the Firm agrees that they shall not be made
available to any individual or organization without the prior written approval of the City/City.
9. Copvriqht. 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 Firm.
10. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and
codes of the State and local governments, and the Firm shall save the City/City harmless with
respect to any damages arising from any tort done in performing any of the work embraced by
this Contract.
11. Equal Emplovment Oqportunitv. 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 advertising; layoff or
termination; rates of pay or 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/City setting
forth the provisions of this non-discrimination clause.
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 original.
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.
d. The Firm will include the provisions a. through c. in every subcontract or purchase order
unless exempted.
12. Civil Riqhts 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 subjected to discrimination under any program or activity receiving Federal financial
assistance.
13. Section 109 of the Housinq and Communitv 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.
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14. "Section 3" Compliance in the Provision of Trainin4 Emqlovment and Business Opportunities.
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. 1701 u. 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
person 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 certify 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.
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 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.
c. In the event of the contractor's non-compliance with the requirements of this clause,
actions for non-compliance with the requirements of this clause, actions for non-
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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.
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/Citv. No member of the governing body of the City/City and not
other officer, employee, or agent of the City/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 Firm 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 Firm shall take appropriate steps to assure compliance.
18. Interest of Firm and Emplovees. 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.
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