HomeMy WebLinkAboutRes.2778.09-09-2013BILL NO. 13-125 RESOLUTION NO. C�)'7 IV
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMUNITY DEVELOPMENT BLOCK GRANT
ADMINISTRATION CONTRACT WITH THE SOUTHEAST
MISSOURI REGIONAL PLANNING AND ECONOMIC
DEVELOPMENT COMMISSION IN PERRYVILLE,
MISSOURI, FOR ADMINISTRATIVE SERVICES
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute a Community Development Block Grant (CDBG)
Administration Contract with the Southeast Missouri Regional
Planning and Economic Development Commission in Perryville,
Missouri, for administrative services. The Agreement shall be
in substantially the form attached hereto as Exhibit A, which
document is hereby approved by the City Council, with such
changes therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OFA` 2013.
ATTEST:
yle% . Conrad, City Clerk
H ry E. Rediger, Mayor
COMMUNITY DEVELOPMENT BLOCK GRANT
ADIVRNISTRATION CONTRACT
BY AND BETWEEN
TEE CITY OF CAPE GiRARDEAU, IVIISSOURI
"39K
THE SOUTHEAST MISSOURI REGIONAL PLANNING
AND ECONOMIC DEVELOPMENT COMMISSION
PERRYVILLE, MISSOURI.
THIS AGREEMENT in the amount of Thirty Thousand Dollars ($30,000.00) by and between the City of
Cape Girardeau, Missouri, hereinafter referred to as the "City," and the Southeast Missouri. Regional Planning and
Ecoriomic Development Commission, with principal offices located in Perryville, Missouri, hereinafter referred to
as the "Commission," witness that:
WHEREAS, the City of Cape Girardeau has selected the Commission to provide professional assistance in
the administration of a Community Development Block. Grant (CDBG), contingent upon receipt of this grant i
through the Missouri Deparinient of Economic Development, for provision of funds to construct infrastructure
improvements to assist a new business in locating to the area; and,
WHEREAS, the Southeast Missouri Regional Planning and Economic Development Commission has the
technical capabilities to provide such administrative assistance and has in its employ planners who are qualified to
participate in and direct planning projects consistent with the requirements of Title VII, Section 701, of the Housing
Act of 1954, as amended;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements
hereinafter set forth, the parties, hereto, and legally intending to be bound thereby, do covenant and agree for
themselves and their respective successors and assigns as follows:
ARTICLE I
EMPLOYMENT AND DUTIES OF COMMISSION
(a) The City hereby agrees to engage the Commission and the Commission hereby agrees to do, perform,
and carry out, in a professional mamier as set forth in the "Scopes of Services" as defined in the attached Appendices
A and B, which are appended hereto and made a part of this contract, in connection with the CDBG grant for
provision of funds to construct infrastructure improvements to assist anew business in locating to the area.
(b) The Commission will furnish a professionally qualified person who shall furnish personal services and
time in the amount necessary to accomplish effectively the administrative wort: proposed in this contract, The
Commission shall secure at its own expense all personnel required to perform the services under this contract,
Personnel performing or supervising the performance of engineering, architectural, legal, or other similar pro-
fessional services, who by statute are required to meet state qualifications, shall be registered or licensed when so
required. The staff person overseeing the work. program covered by this contract shall be Chauncy Buchheit, In the
event that this person shall die or otherwise become unavailable for any cause, the Commission shall furnish another
individual to oversee the work program.
(c) The work done by the Commission's staff shall be under the supervision of the Executive Director of the
Commission or such a qualifiedperson as shall be designated by the Executive Director of the Commission and with
concurrence of City.
(d) None of the work or services covered by this contract shall be subcontracted without pi�or written
approval from the City.
(e) The scopes of the work. to be done under this contract shall be subject to modification and
supplementation upon the written agreement of the duly authorized representatives of the contracting parties. No
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modification of the terms of this contract shall be made that would change the total contract price, unless such
changes, including any increase or decrease in the amount of the Commission's compensation, are mutually agreed
to by and between the Commission and the City and incorporated in written amendments to this contract.
(f) The activities of the Commission's staff and associates shall be fully coordinated with the activities of the
City. The City Engineer shall serve as the City's principal contact for administrative purposes of the project. As the
work of the Com_m.ission's staff progresses, the Commission's advice on matters of immediate concern to the City's
officials and related to the specific program covered by this contract shall be trade available to the appropriate
officials during the period of the contract, but such advice shall not be required to be given if the time consumed in
the giving thereof would impede progress of the specific work program covered by this contract.
(g) The work accomplished by the Commission under this contract shall be reviewed by the City
periodically. The approval, disapproval, or suggestions of the City shall be reported to the City at such times as the
City may request.
(h) The Commission shall provide copies of all interim and final reports, including progress reports, to the
City.
(i) The Corm nission shall not assign any interest in this contract and shall not transfer any interest,
whatsoever, in the same (whether by assignment or novation), without the prior written consent of the City;
provided, however, that claims for money due, or to become due, to the Commission from the City under this
contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of
any such. assigiunent or transfer shall be furnished promptly to the City,
0) Any reports, data, et cetera, prepared or assembled by the Commission under this contract, which the
officials of the City request to be kept confidential shall not be made available to any individual or organization by
the Commission without the prior written approval of the City.
(k) The Commission shall save harmless the City from all suits, actions, or claims brought on account of
any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the
Commission or any employee, or on account of any claims or amount recovered for any infringement of patent,
trademark, or copyright. The Commission shall not be released from such responsibility until all claims have been
settled and suitable evidence to the effect furnished to the City.
(1) The Commission will repay any payments made to the Commission which, at the time the project is
audited or at the time of final audit, are determined to be ineligible under this contract by the Commission's auditing
fn -in.
(m) The representative of the Commission., authorized by the Commission to execute and administer the
terms and conditions of this contract, shall be Chauncy Buchheit, Executive Director, or if the position of Executive
Director be vacated, the person authorized by the Commission as Acting Executive Director,
ARTICLE 1I.
CITY
(a) The City agrees to make available to the Commission all fiscal records and data on file that will assist
the Comuii.ssion in the discharge of the services herein contracted.
(b) The City, its officials and employees shall cooperate with the Commission in the discharge of their
responsibilities under this contract and will be available for consultation with the Commission at such reasonable
periods as not to conflict with their own responsibilities.
(c) The City agrees and understands that neither the Coumiission, nor its staff, will complete any engineer-
ing as a part of this administrative services contract and that the Project Engineer wilt be available to consult with
the Commission's staff should engineering data be required to complete any progress reports required. No charges
for the Project Engineer's time shall be charged to this contract.
(d) It is agreed between the patties that the City shall cause to be paid to the Commission the amounts
indicated on monthly invoices, and that the monthly payments shall be considered as payment in full for Cotruznis-
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sion staff time, travel and per diem, overhead costs, costs for materials furnished for the project or other associated
project costs. It is explicitly understood that payment to the Commission is to be paid by the City in accordance
with this contract. The Commission agrees to provide the necessary administrative services under this contract on a
flat fee basis. This contract will not include the cost of the program audit as required by the Missouri Department of
Economic Development, not the cost for a cultural resource study. The costs for any public advertising, including
any required public notices, advertising of bids, fair housing compliance, or environmental findings shalt be paid by
the City.
ARTICLE III
EQUAL EMPLOYMENT OPPORTUNITY
In carrying out the project work, the Commission shalt not discriminate against any employee or applicant
for employment because of disability, age, race, sex, religion, color or national origin. The Commission will take
affirmative action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their disability, age, race, sex, religion, color or national origin. Such action shall include, but not
be limited to, the following; employment, upgrading, demotion, or transfer; rates of pay or other forms of
compensation; the selection for training, including apprenticeship. The Commission agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. The Commission will, in all solicitations or advertisements, state that all qualified
applicants will receive consideration for employment without regard to disability, age, race, sex, religion, color or
national origin. The Commission shall include similar provisions in all subcontracts for services covered by this
contract.
ARTICLE IV
INTEREST OF MEMBERS AND EMPLOYEES OF THE COMMISSION
AND CITY OFFICIALS AND EMPLOYEES
No officer or employee of the Commission or member of its governing body who exercises any functions of.
responsibility in connection with the undertaking or carrying out of the project shall, prior to the completion of the
project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in
connection with the project. If any such member, officer, or employee presently has, or in the future voluntarily
acquires, any such personal interest, he shall immediately disclose such interest to the City. Upon such disclosure,
such member, officer or employee shall not participate in ally action by the Commission affecting the carrying out of
the project.
No official or employee of the Commission and no official or employee of the City or its governing body
and no other public official of the locality or localities in which the project is situated or being carried out who
exercises any functions of responsibility in the review or approval of the undertaking or carrying out of the project
shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any
contract or proposed contract in connection with the project.
ARTICLE V
OFFICIALS NOT TO BENEFIT
No mernber of, or delegate to, the Congress of the United States of America nor the Legislature of the State
of Missouri shall be admitted to any share or part hereof or to any benefit to arise herefrorn.
ARTICLE VI
COPYRIGHT
No reports or 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 Commission.
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ARTICLE VII
TERMINATION OF CONTRACT
(a) The Commission shall have completed all wort: covered by this contract and this contract shall terminate
as specified in the contract unless extended by mutual consent of the City and the Commission. In the event that
work is not completed by that date and mutual consent of the ttivo parties for extension of the contract is not
obtainable, then either paragraph (c) or (d) of this section shall apply.
(b) This contract may be terminated prior to the expiration of the contract period mentioned by unanimous
written agreement by the two parties of this contract; or,
(c) If, through any cause, the Commission shall fail to fulfill in timely and proper manner its obligations
under this contract, or if the Commission shall violate any of the covenants, agreements, or stipulations of this
contract, the City thereupon shall have the right to terminate this contract by giving written notice to the Com-
mission of such termination. In such event, all finished and unfinished documents, data studies, surveys, drawings,
nrraps, models, reports, photographs, et cetera, prepared by the Commission shall become the City's property and the
Commission shall be entitled to receive just and equitable compensation for any satisfactory work cotnpleted on
such documents.
(d) Either party may terminate this contract at any time by giving a written five (5) day notice to the other
party. Such written notice shall detail specific causes for terminating this contract. If the contract is terminated by
the Commission as provided herein, the City shall be refunded any payments made to the Commission that were in
excess of actual services performed. If the contract is terminated by the City as provided herein, the Commission
will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear
to the total services of the Commission covered by this contract, less payment of compensation previously made.
ARTICLE VIII
OFFICE SPACE
The City hereby agrees to make available to the Commission, without charge to the Commission, the space
needed for compiling data from the City's records and the City hereby agrees not to include any charge for such
space. The space shall be furnished only with available furniture and shall not include special equipment, Such
space will be utilized by the Comini.ssion's staff on a periodic basis where there is a need to work on administrative
matters and shall be for short periods of time. Nothing in this article shall be misconstrued to imply that the City is
responsible for provision of permanent, nor full -tune, use of the City's office space.
ARTICLE IX
TIME OF PERFORMANCE
(a) The services of the Commission are to commence upon the date of execution of this contract by the City
and shall be undertalcen in such sequence as to assure their expeditious completion in the light of the purpose of this
contract, but in any event, all of the services required hereunder shall be completed and submitted to the City on or
before the expiration twenty -foto' (24) calendar months, excepting that if work remains to be completed in order to
close out the project, then the contract continues to be a valid instrument until such time as the required work is
completed,
(b) In addition to charges for staff time required for carrying out the intent and purposes of the contract,
other charges such as those for administration and bookkeeping, auditing, supplies, telephone charges, general
overhead costs, and the like shall be considered to be eligible cost chargeable to the contract. Eligible costs shall in-
clude payment for all travel and subsistence expenses incurred in the perf'ot7nance of said services.
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ARTICLE X
COMPENSATION TO THE COMMISSION
(a) It is agreed between the parties that the City shall pay to the Commission a fee of Thirty Thousand
Dollars ($30,000.00). Requests for payment under the terms of this contract shall be submitted from time to time as
work progresses, which requests for payment will approximate the percentage of work done for the period indicated
on the request. Requests for payment will be submitted to the City in writing.
(b) Requests for payment rendered to the City by the Commission shall be paid within thirty (30) days of
issuance by the Commission. Should the City fail to pay invoices submitted within a forty-five(45) day period,then
the Commission shall have the right to assess an interest charge in accordance with the adopted policy for late
payment. The interest charge shall be in the amount of one percent (1%) per month. Interest shall accrue on bills
owed more than ninety (90) days at a rate of 1.5% per month. Interest charges shall not be considered as a part of
the total contract cost and will be assessed separately.
(c) Costs incurred prior to the execution of this contract may be considered as eligible project costs,
provided they are incurred in conformity with the provisions of this contract.
(d) In addition to the fee identified at X(a) above, extraordinary expenses incurred by direction of the City's
officials shall be paid by the City. Extraordinary expenses shall include travel directed by officials of the City, or
their authorized representative, or any staff time, which would not be carried out as a part of the normal
responsibilities of the Commission.
(e) When the specified work is completed, either before, after or within the basic period of the contract, the
Commission shall notify the City of final billing in writing and the City shall acknowledge completion of the work
and termination of the contract in writing submitted to the Commission with the final payment.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates shown below,
with the date of signature by the City to be the beginning date of this contract.
CITY OF CAPE . 'A'JEAU, MISSOURI SOUTHEAST MISSOURI REGIONAL PLANNING
AND ECONOMIC DEVELOPMENT COMMISSION
By/. By
SCOT MEY ', CHAU "Y BUCHHEIT,
Cit anaG Executive Director
Attest Attest /•-ecAptc"... ht
GAYLE CONRAD, KATHLEEN M. HALL,
City Clerk Executive Assistant
Date Date (
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APPENDIX A
Scope of Services
This Scope of Services is appended to and made a part of a contract by and between the City of Cape Girardeau and
the Sout].least Missouri Regional Planning and Economic Development Commission for provision of administrative
services in conjunction with a Community Development Block Grant pursuant to the teens hereof.
The Commission's staff will. provide assistance in the area of financial management concerning the Community
Development Block Grant, This will include such services as assistance from the Commission's staff in
compiling accounting records necessary to provide for a clear audit trail; assistance in establishing the
necessary checking accounts; assistance in preparation of Requests for Funds, documentation and the filing of
all receipts, bills and purchase orders. The Commission's staff will also be available to assist in the
development of necessary forms and reports including periodic progress reports required by the Missouri
Department of Economic Development in conjunction with Circulars A-102 and A-87 of the U. S. Office of
Management and Budget.
2. The Con
uni.ssion's staff will be available to assist in conducting any environmental review required as a part of
this project and in ensuring that the City's project meets with the National. Environmental Policy Act of 1969,
as amended, and other related laws. The Commission's staff will prepare the necessary Excessive Force
Resolution, Fair Housing Actions, CDBG required policies and ordinances, and an Analysis of Impediments to
Fair Housing on behalf of the City.
3. The Cornmission's staff will assist the City in ensuring that the Authority and the construction contractor
conduct all of their affairs with regards to the Davis Bacon Act, civil rights compliance requirements and
ensuring that nondiscrimination and equal opportunity, as well as affirmative action activities, are carried out in
accordance with federal law. The staff will be available to assist the City in the preparation of various
checklists and completion of forms in this regard.
4. The Commission's staff will prepare various public notices required to be published, establish and maintain an
updated City project file structure, assist in soliciting proposals fi•om various consulting engineering firms, if
required, assist in publication and soliciting proposals for auditing of the contract for final close-out, and
provide general management assistance to the City. Audit costs for the project are not included as a part of the
Connmission's administrative fees. The staff will be available to monitor progress for the project and to work
with the City in ensuring that the project moves ahead as scheduled.
5. The Commission's staff will assist the City in carrying out any other reasonable contract requirements and in
ensuring that the City faithfully carries out the intent and purpose of the Community Development Block Grant
Progrann under the terms and conditions of the Office of Management and Budget's Circulars A-102 and A-87
and other pertinent regulations and laws, Additionally, the Commission will assist in preparing any
correspondence, completion reports, and progress reports.
6. Specifically excluded from the contract is the preparation of, or payment for, a cultural resources study. Also
excluded are any personnel or travel costs for the developer and any equipment purchased by the City.
Advertising costs for various required public notices and bidding are excluded from this contract and shall be
paid by the City.
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APPENDIX B
Terms and Conditions
This Scope of Services is appended to and made a part of a contract by and between the City of Cape Girardeau and
the Southeast Missouri Regional Planning and Economic Development Commission for provision of. administrative
services in conjunction with a Community Development Block Grant provided to the City; pursuant to the terms
hereof.
Equal Employment Opportunity. During the performance of this contract, the Commission agrees as follows:
a. The Commission will not discriminate against any employee or applicant for employment because of
disability, race, creed, sex, color or national origin. The Commission will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their disability, race,
creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment,
upgrading, dernotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Commission agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the City
setting forth the provisions of this non-discrimination clause.
b. The Commission will, in all solicitation or advertisements for employees placed by or on behalf of the
Commission, state that all qualified applicants will receive consideration for employment without regard to
disability, race, creed, color, sex, or national origin,
c. The Commission 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 Commission will comply with all provisions of Executive Order .11246 of September 24, 1965, and
of the rules, regulations and relevant orders of the Secretary of Labor.
e. The Commission will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the Department of Housing and Urban Development. and the
Secretary of. Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f In the event of the Commission's noncompliance with the non-compliance clauses of this Agreement or
with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or
in part and the Commission may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be unposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
g. The Commission will include the provisions of paragraphs (a) through (g) in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section
2D4 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Commission wilt take such action with respect to any subcontract or purchase order as
the City may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,
however, that in the event the Commission becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the City, the Commission may request the United States
Government to enter into such litigation to protect the interests of the United States,
Title Vt of the Civil Rights Act of 1.964 provides that no person in the United States shall, on the ground 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.
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Title VIII of the Civil R ehts Act of 1968, as amended.
Title VIII of the Civil Rights Act of 1968 provides that no person shall, on the basis of race, color, religion, national
origin, handicap or familial status, be discriminated against in housing (and related facilities) provided with Federal
assistance or leading practices with respect to residential property when such practices are connected with loans
insured or guaranteed by the Federal Government.
Section 109 Housing and Community Development Act of 1974, as amended, provides that no person in the United
States shall, on the ground of race, color., religion, national origin, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any prob'arn or activity funded in whole or in part
with funds made available under Title I of the Housing and Community Developmeut Act of 1947.
"Section 3" Compliance in the Provision of Training_ Employment and Business Qpportunities
a) The work to be performed under this contract is on a project assisted under a program providing direct
Housing and Urban Development and is subject to the requirements of Section 3 of the Housing an
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 provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all
applicable rules and orders of the City 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 has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 clause and shall
post copies of the notice hr conspicuous place 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 CFR Part 135. The
contractor will not subcontract with any subcontract where it has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract runless 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 CFR Part 135, and all
applicable rules and orders of the City issued hereunder prior to the execution of the contract, shall be a
condition of the federal financial assistance provided project, binding upon the applicant or recipient for
such assistance, its successors or assigns. Failure to fulfill these requirements shall subject the applicant
or recipient, its contractors and subcontractor's, 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 CFR Part 135,
Section 503 of Rehabilitation Act of 1973, as amended provides for the nondiscrimination in contractor
employment. All recipients of Federal funds must certify to the following through all contracts issued:
Affirmative Action for Handicapped Workers
a)The contractor will not discriminate against any employee or 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
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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 noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the Arles, 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 subcontractor 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 or vendor. The contractor
will take such action with respect to any subcontractor or purchase order as the Director of the Office of
Federal Contract Compliance Programs may direct to enforce such provisions, including action for
noncompliance,
Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified
individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal
financial assistance. All recipients must certify to compliance with all provisions of this Section.
Age Discrimination Act of 1975.
No person in the United States, on the basis of age, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under, any program or activity receiving Federal financial assistance,
Interest of City. Not the City not any 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 Commission shall take appropriate steps to assure compliance.
Interest of City or Local Public Officials. Not the City or 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
Commission shall take appropriate steps to assure compliance.
Interest of Commission and Employees. The Commission covenants that it presently has on 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 its services hereunder, The Commission further covenants that in
the performance of this contract, no person having any such interest shall be employed.
Executive Order 11063, as amended. All departments and agencies are directed to take all action necessary and
appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Govermnent
or provided with Federal financial assistance and in the lending practices with respect to residential property and
related facilities (iricluding land to be developed for residential uses) of lending institutions, insofar as such practices
related to loans insured or guaranteed by the Federal Government.
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