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HomeMy WebLinkAboutRES.1484.07-19-1999 � ' , BILL NO. 99-171 RESOLUTION NO. 1 y��l A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BURNS AND MCDONNELL WASTE CONSULTANTS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR AN ALL HAZARD MITIGATION PLAN. 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 enter into a Contract with Burns and McDonnell Waste Consultants, Inc. for professional engineering services for an All Hazard Mitigation Plan. A copy of said Contract is attached to this Resolution and made a part of hereof. PASSED AND APPROVED THIS J9��, DAY OF , 1999. A. . Spradling, III Mayor a �;,�f,P� ""r. ATTEST: p� �—�t,':�';: • �"� � fl'(F=�:;\ G �°''� :.S � ��� ;�"��' � .z_._yr �'j_ � � "�,��'� �c Y-�- .�« �. � �c esr / Gayle Conrad �*` t.� il;-�- ���� �ti City Clerk ;� �� �5 * ��� � . � , , �. � . . , _ � CITY OF CAPE GIRARDEAU CONTRACT FOR PROFESSIONAL ENGINNERING SERVICES FOR THE PREPARATION OF AN ALL HAZARD MITIGATION PLAN THIS AGREEMENT,made and entered into this��day of'July, 1999, by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as "City"with offices at City Hall, 401 Independence St.,P.O. Box 617, Cape Girardeau,MO 63702-0617, and Burns and McDonnell Waste Consultants, Inc. with offices at 17 Cassens Court, Fenton, Missouri 63026, hereinafter referred to as the"Consultant". WIT'NESSETH: THAT, WHEREAS, the City desires to engage the Consultant to render certain professional and technical services hereafter described in E�ibit A "Proposal for Professional Engineering Services,"dated June 25, 1999. WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Consultant for the performance of services by the Consultant. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The City agrees to engage the services of the Consultant to perform the Scope of Services hereinafter set forth in connection with project described in Exhibit A. 2. Additional Services. The City may add to Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and Shall be accepted and countersigned by the Consultant or its agreed representatives. 3. Existing Data. All information, data and reports in the possession of the City as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant at reproduction cost by the City, and the City shall cooperate with the Consultant in every reasonable way in carrying out the scope of services. The consultant shall not be liable for the accuracy of the information furnished by the City. 4. Personnel and Office Space to be provided. The Consultant represents that the Consultant has or will secure at its expense all personnel and office space required to perform the services called for under this contract. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under the state of local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written preapproval of the City. 5. Insurance. During the course of performance of its services, Consultant will maintain Worker's Compensation, Employers' Liability, Commercial General Liability and Automobile Liability insurance coverage. 6. Professional Responsibility. Consultant will exercise reasonable skill, care and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted standards of good professional practices in effect at the time of performance. 7. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule below. 8. Schedule. The Consultant agrees to deliver to the City the completed All Hazard Mitigation Plan in accordance with the schedule shown in E�ibit A. 9. Failure to Perform, Cancellation. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its 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 ternunate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Consultant may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be deternuned. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Consultant. 10. Compensation. The City agrees to pay the Consultant an amount not to exceed $66,600.00 which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the contract. Such compensation will be paid in progress payments billed to the City for documented time and materials spent on the project based on the Consultant's June 25, 1999, fee schedule as provided in E�ibit D. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 11. Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement,though City will attempt to so notify any such assignee. 12. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 13. Egual Employment Opportunity. The Consultant agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, as further defined in Exhibit E, against any employee of Consultant or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Civil Ri ts. The Consultant agrees in the performance of the contract to comply with all civil rights laws and regulations which are suminarized in Exhibit F. 15. Independent Consultant. The Consultant is an independent consultant and nothing herein shall constitute or designate the Consultant or any of its employees as agents or employees of the City. 16. Benefits not Available. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 17. Liabili . The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City arising out of or in any way connected with this Contract. The ma�cimum liability of the City shall be limited to the amount of money to be paid or received by the City under this Contract. b. The Consultant shall defend, indemnify, and hold the City hannless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property to the extent caused by negligent acts of the Consultant in the performance of the work. 18. Documents. Reports, files, sketches,maps,plans, surveys, inspections, digital files prepared or obtained under the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this Contract shall be made available,upon request, to the City without restrictions or limitations on their use. When such copies are requested,the City agrees to pay the Consultant its costs of copying and delivering same. 19. Nonsolicitation. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract. For breach or violation of this warranty, the City shall have the right to a.nnul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission,percentage,brokerage fee, gifts, or contingent fee. 20. Books and Records. The Consultant and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion of the Contract. 21. Delays. The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the Consultant; the Consultant has made no warranties, expressed or implied,which are not expressly set forth in this Contract; and under no circumstances will the Consultant be liable for indirect or consequential damages. 22. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to: For The City of Cape Girardeau For Burns and McDonnell Mr. Ken J. Eftink Mr. Matthew Ballance City of Cape Girardeau, Burns and McDonnell Waste Division of Planning Services Consultants, Inc. 401 Independence Street 17 Cassens Court Cape Girardeau,MO 63702-0617 Fenton,MO 63026 The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED THIS o�0 �� DAY OF JULY, 1999. _„�..-- CI'��OF CAPE G EAU r r -.__--a BY: ' a . 'ller, City Manager ATTEST: � tAf� Gayl Conrad, City Clerk BURNS AND McDONNELL WASTE CONSULTANTS, INC. ,� �,,,-�� , BY: �. _ � Name: �8te�� i���s�,ar�° Title: �'���'���"'�''�g ��/�0��� ATTEST: Name: /�14,�� � - �LG�,� Title: ��/I�/,� - �SST EXHIBIT A i Waste Consultants �� Inc. June 25, 1999 Mr. Ken Eftink Development Services Coordinator City of Cape Girardeau City Hall 401Independence PO Box 617 Cape Girardeau, Missouri 63702-0617 Re: Proposal for Professional Engineering Services All Hazard Mitigation Plan City of Cape Girardeau, Missouri Dear Mr. Eftink: Burns& McDonnell is pleased to present this proposal to the City of Cape Girardeau, Missouri (City)to prepare an All Hazard Mitigation Plan(Plan). We understand the City requires the development of a Plan to address hazards and risks that may affect the City and its residents. We also understand the City will use the recommendations for mitigation actions and projects to pursue available funding to complete such mitigation effort. Burns & McDonnell will work as a partner with the City to produce a Plan that will be used as part of the City's Project Impact program to lead Cape Girardeau toward the goal of being a disaster resistant community, as described in the following scope of services. SCOPE OF SERVICES Burns & McDonnell will prepare a Plan to identify hazards and risks that could impact the City. The Plan will document existing mitigation programs used by the City to respond to hazardous and high-risk scenarios. The Plan will include recommendations for actions/projects to reduce loss of life, reduce property damage, reduce business losses, and minimize the City's recovery time and associated costs. The Plan will also assess and prioritize mitigation actions and projects to best utilize existing funding programs. Burns & McDonnell will dedicate a team of engineering and scientific experts to complete the preparation of the Plan. Burns& McDonnell's team of experts that will be assigned to the Plan project has over 150 years of collective engineering expertise. Our team consists of civil and environmental engineers, structural and seismic engineers, flood and stortnwater experts, planners, scientists, and geologists. Burns& McDonnell's project organization chart and resumes of key project personnel are presented in 17(assens court Attachment A. Fenton,Missouri 63026 Phone:314 305-0071 �C��'� Fax:314 316-8295 K\MKTG\CAPE\PROPOSAL51499.DOC �'Jr hnp://www.burnsmcd.com `'-� � WdSte Consultants �� Inc. Mr. Eftink May 25, 1999 Page 2 Burns & McDonnell plans to establish a field office in Cape Girardeau during the project, making us readily available to work with the City and applicable agencies and public entities. Burns & McDonnell will also be available to attend meetings or other public forums to discuss the Plan and address questions and concerns. Burns & McDonnell will consult with other communities that have implemented similar Plans. We have reviewed Plans prepared by the Town of Westport, Connecticut and St. Clair County, Illinois. Burns& McDonnell maintains an AICP-certified planner who is very familiar with hazard planning efforts performed in southeast Missouri,the St. Louis metropolitan area, and in Illinois. Based on our June 9, 1999 meeting with Mr. Walter Denton of the City and you, we understand the City's original All Hazard Mitigation Plan scope of services has been modified to include the following: • The Plan will only include assessments of the lists of essential City facilities and the American Red Cross evacuation shelters, as provided to Burns& McDonnell by the City. We understand the City plans to obtain hazard and mitigation information from Southeast Missouri State University, as needed. • The Plan will not include detailed flood and stormwater evaluations to meet the requirements of the Community Rating System(CRS) program (sections 450 and 510 of the CRS manual). Burns & McDonnell will only address flood and storm water evaluations, as they pertain to the Plan requirements. • The Plan will only include assessments of City hazards and mitigation efforts. Burns & McDonnell will not address such topics for Cape Girardeau County or surrounding communities. However, any overlap of mitigation efforts to be addressed in the Plan for combined City and County or other community programs will be addressed. • The Plan will only contain assessments of City bridges located along major access routes (e.g. Mississippi River Bridge). Burns & McDonnell will work with the City to identify and assess these bridges. • Burns& McDonnell will provide up to 25 copies (including 8 original copies) of the Plan to the City, following the completion of the project. Task 1 -Project Kickoff Meeting As an initial step in the Plan preparation process, Burns& McDonnell will conduct a project kickoff meeting with the Hazard and Risk Assessment Subcommittee of the Project Impact—Disaster Resistant Community Steering Committee. The meeting will K\MKTG\CAPE\PROPOSAL51499.DOC : Waste Consultants �� Inc. Mr. Eftink May 25, 1999 Page 3 be held to introduce the Burns & McDonnell team to the City. We will review the project goals and objectives with the City, and address any questions or concerns the City may have at that time. Task 2 - Data Gathering and Research Burns & McDonnell will gather and evaluate existing hazard and risk related information to be included in the Plan. Burns& McDonnell will consult with pertinent local, state, and federal agencies regarding the hazards and risks facing the City. We will review the agencies' records regarding the City's historical hazard and risk-related activities. City Information Burns & McDonnell will consult with City personnel to obtain relevant information regarding the community. We will obtain information regarding the following subjects to be included in the Plan: • Population • Schools • Land use • Building code • Government • Communications • Geography • Utilities • Geology • Law& order • Historical buildings/structures • Fire & rescue • Planning& zoning • Medical • Transportation • Public awareness • Weather • Evacuation • Development trends • Temporary shelters • County/local municipality partnerships Hazard and Risk Assessment Burns & McDonnell will evaluate hazards and risks potentially facing the City. We will assess the potential occurrence, subsequent effects and potential mitigation measures of both natural and"man-made" hazards by: • Assembling a brief history of each hazard or risk as it relates to the City, • Performing a vulnerability assessment for each hazard on risk, • Reviewing the City's existing mitigation measures, • Identifying the City's capabilities and resources, and • Identifying mitigation objectives and actions the City should undertake. KuvtKTG\CAPE\PROPOSALS 1499.DOC � WdSte Consultants �� Inc. Mr. Eftink May 25, 1999 Page 4 Hazards and risks to be assessed include: Natural Hazards "Man-made" Hazards • Tornadoes/severe weather • Fires • Floods • Nuclear power plants � Drought • Hazardous materials and other • Heat wave environmental issues • Earthquakes • Mass transportation accidents • Dam failure • Civil disorders • Terrorism • Attacks • Loss of utility services • Loss of communications services Task 3 -Assessment of Essential Facilities Burns & McDonnell will evaluate essential facilities that must remain operational during a disaster or emergency for response and recovery. We will analyze the survivability and functionality of the facilities. However, this proposal does not include a detailed structural analysis of these facilities. We will also identify additional facilities that may be needed, but are not currently available in the community. A list of essential City facilities (provided by the City)to be evaluated in the Plan is presented in Attachment B. A list of American Red Cross evacuation shelters (provided by the City)to be evaluated in the Plan is also presented in Attachment B. Task 4 -Assessment of Communications Systems Burns& McDonnell will assess the City's communications systems used to respond to hazards and risks. We will identify, evaluate, and make recommendations regazding the following: • Local, regional, state, and interstate communication systems • Pre-disaster public information and warning systems • Other post disaster public information systems Task 5 -All Hazard Mitigation Plan Burns & McDonnell will prepare an All Hazard Mitigation Plan documenting the City's mitigation plans in response to hazards and risks. The Plan will include the following minimum components: K�IvIKTG\CAPE\PROPOSAL51499.DOC � Waste Consultants, �� • Inc. Mr. Eftink May 25, 1999 Page 5 • The type of expected hazard or risk, • A description of the hazard or risk, • The historical occunence of the hazard or risk in the Cape Girardeau area, • The probability of future occurrence, severity, and potential impact of hazards and risks on the City, and • Recommended mitigation actions. Our preliminary Plan outline is presented as Attachment C. The Plan will include a listing of applicable agencies contributing to the preparation of the Plan for the City's future reference. The Plan will also contain a detailed explanation of funding programs available to the City. Burns& McDonnell will provide copies of source documents used to prepare the Plan for the City's files. Burns & McDonnell will assist the City with the preparation of cost estimates for recommended mitigation actions, as needed. SCHEDULE Burns & McDonnell will initiate project activities within one week of our receipt of written notification to proceed from the City. We will deliver a preliminary draft Plan to the City within 120 calendar days of the project start date. We will meet with the City's Hazard and Risk Assessment Team to review the preliminary draft Plan. We will deliver a second draft Plan to the City within 30 days of our receipt of the City's written comments. We will deliver the final draft Plan to the City within 30 days of our receipt of the City's written comments to our second draft Plan. Burns & McDonnell will present the final Plan to the City's Project Steering Committee. FEES Burns & McDonnell proposes to complete the project scope of services for the estimated fee of$66,600. We propose to complete the project on a time and materials basis in accordance with our terms and conditions presented in Attachment D. We will not exceed the estimated fee without written approval from the City. Burns & McDonnell will address changes in scope in accordance with the Burns & McDonnell 1999 Schedule of Hourly Professional Service Billing Rates presented in Attachment E. K\MKTG\CAPE�PROPOSAL51499.DOC : Waste Consultants �� Inc. Mr. Eftink May 25, 1999 Page 6 Should you have any questions or require additional information, please feel free to contact us at(888) 805-0077. We look forward to continuing our positive relationship with the City. Thank you for your consideration. Sincerel � Dr. John A. Ruf, P.E. Vice President Curt D. Fahnestock Regional Office Manager Attachments Cc: Walter Denton, City of Cape Girardeau Matt Ballance, Burns & McDonnell Denny Welker, Burns & McDonnell K\MKTG\CAPEIPROPOSAL 5 I 499.DOC EXHIBIT B City Essential Facilities Police Headquarters Fire Station 1 City Hall Fire Station 2 Public Works (Office and Shop Only) Fire Station 3 Airport terminal building Fire Station 4 Airport Runways (general terms only) City EOC (in Fire Station 1) Water Plant 1 Water Storage Tanks (general terms only) Water Plant 2 Flood Pump (1) - Main St. Levee District Sewage Treatment Plant Flood Pump (1) - N. Main Levee District Downtown Floodwall and Levee (general) St. Francis Hospital (general terms only) City Arena Building Southeast Hospital (general terms only) City Osage Community Center County Health Office City Convention and Visitors Office Humane Society Office (animal shelter) Totals 17 Buildings to do walk through inspect and report on. 2 Hospitals to report on in general terms based on information available. 1 Airport runway in general terms. 1 Downtown Floodwall and levee in general terms. 1 City Emergency Operation Center located in Fire Station 1. 7 Water Storage Tanks in general terms (you did the Seismic protect valves) 2 Flood pumps EXHIBIT C Burns & McDonnell Preliminary All Hazard Mitigation Plan Outline Cape Girardeau, Missouri I. Purpose and Introduction A. Introduction � B. Purpose C. Organization Meeting II. Community description A. Cultural Setting 1. History of Development 2. Population Growth 3. Land Use 4. Economy 5. Transportation 6. Utilities 7. Public Facilities 8. Services -Fire, Police, Ambulance, Medical, � 9. Communications. B. Physical Setting 1. Geology 2. Geography 3. Climate 4. Weather III. Hazard Identification A. Natural Hazards 1. Type of Hazard 2. Description of Hazard 3. History of Hazard 4. Probability, Severity and Impact of Hazard 5. Current Mitigation Efforts B. Man-made Hazards 1. Type of Hazard 2. Description of Hazard 3. History of Hazard 4. Probability, Severity and Impact of Hazard 5. Current Mitigation Efforts KUvIKTG1CAPElPAHMPO.DOC IV. Essential Facility Assessment A. Public Buildings B. Utilities C. Transportation Facilities D. Communication Facilities E. Medical Facilities F. Emergency Shelters V. Assessment of Federal, State and Local All-Hazard Mitigation Planning Efforts A. Federal Programs B. State Programs C. Local Governmental/LTniversity Efforts D. Local Industry Efforts VI. Plan Formulation A. Develop Goals and Objectives B. Assessment Summary of R.isk and Hazards C. Assessment of Existing Natural Disaster Planning D. Assessment of Man-made Disaster Planning E. Development of Floodplain/Stormwater Management Strategy F. Prepare Preliminary All Hazard Mitigation Plan G. Hold a series of Public Information Meetings VII. Final Plan Development KUvIKTG1CAPElPAHMPO.DOC EXHIBIT D Schedule of Houriy Professional Service Billing Rates Position Classification Hourly Classification Level Billing Rate General Office' 5 $35.50 Technician'` 6 $37.00 Assistant' 7 $41.00 8 $58.00 9 $66.00 StafF' 10 $73.50 11 $79.50 Senior 12 $86.50 . 13 $95.00 Associate 14 $105.00 15 $108.50 Principal 16 $112.50 17 $115.50 Notes 1. Position classifications Iisted above refer to the firm's internal class�cation system for employee compensation. For example, "Associate,""Senior,"eta,refer to such positions as"Assoaate Engineer,""Senior Archited,"eta 2. The houriy rates shown above are effedive for services through December 31, 1999,and are subjeci to revision thereafter. 3. For any nonexempt personnel in positions marfced with an asterisk('), overtime will be bil�ed at 1.5 times the hourty labor billing rates shown. 4. Projed time spent by corporate officers will be billed at the Principal rate(Level 17)plus 25 percent. 5. For outside expenses incurred by Bums&McDonnell, such as authorized travel and subsistence, and for services rendered by others such as subcontradors,the Gient shall pay the cost to Burns 8�McDonnell plus 10%. 6. Monthly invoices will be submitted for payment covering services and expenses during the preceding month. Invoices are due upon receipt.A late payment charge of 1.5%per month will be added to all amounts not paid within 30 days of the invoice date. Form BMR899 EXHIBIT E Equal Employment Opportunity Equai Emaloyment Opportuni�. During the performancc of this Contract, the Contracior agees as follows: a. The Contractor will not discriminate agains[ any employee or applicant for employment because of race, creed, sex, color or national origin. The Contractor will take affiimative action Io ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action sha11 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 Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. b. The Contrador will, in all solicitarion or advertisements for omployees 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, or national origjn. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions �vill be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercia] supplies or raw materials. d. The Contractor will comply�vith 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 Contractor 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 County's Department of Housing and Community 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 Contractor's noncompiiance�vith the uon-compliance ciauses 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 Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sandions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, rcgulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor 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 Seciion 204 of Executive Order 11246 of Scptember 24, 196�, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the County's Department of Housing and Community Development may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,however, that in the event the Contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the County's Department of Housing and Community Development, [he Contractor may request the United States to enter into such litigation to proiect the interests of the United States. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 19fi4, 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 receiviu<� Federal financial assistance. Section 109 of Ihe I-Iousing and CommunitV Development Act of 1974 a_ No person in the United States shall on lhe ground of race, color, national origin, or sex be excluded from participation in, be denied [he bene5ts of,or be subjected to discrimination under any program or activity funded in whole or in parl with funds made available under this litle. "Section 3" Comnliance in the Provision of TraininQ Emplovment and Business Opportunities 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 and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u_ Section 3 required that to the greatest extent feasible opportunities for training and empioyment be gjven lower income residents of the project area and contracts for work in connection with the project be awarded to business concems which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contrad. 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 or workers' representative of his 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 subcontracior is in violation of regulations issued by the Secrelary of Housing and Urban Development,24 CFR 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 CFR Pari 13�and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability io comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 13�, 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, finding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subjeci the applicant or recipient, its contradors and subcontractors, its successors and assigns to those sandions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanetions as are specified by 24 CFR Part 135. EXHIBIT F Civii Righks Title VI of the Civil RiQhts Act of 1964 provides that no person in the United States shall, on the ground of race, color, or national orign, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federa] financial assistauce. Title VIII of the Civil Rights Act of 1965, as amended, provides that no person shall, on the basis of race, color, rcligon, natioual origin, handicap or familial status, be discriminated against in housing (and related facilities) provided with Federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Govemment. Section 109. Housing and Community Development (HCD) Act of 1974, as amended, provides that no person in � the United States shall, on the ground of race, color, religion or religious affiliation, national origin, or sex be exduded 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 Title I of the Housing and Community Development Act of 1974. Section 3 of the Housing and Urban Development Act of 1965, as amended, provides that, to the greatest extent feasible, opportunities for training and employment shail be �iven to recipients of public housing and lower-income residents of the unit of local govemment or the metropolitau area (or non-metropolitan county)in which the project is localed; contract work in counection wilh such projects sh�11 be awarded to business concems which are owned in substantial pari by petsons residing in the same metropolitan uea (or non-metropolitan county) as the project, employ Section 3 residents in fuli-time positions, or subcontract with businesses which provide economic opportunities to lower-income persons. Section �03 of Rehabilitation Act of 1973, as amended, provides for the nondiscriminatiou in contractor employment. All recipients of Federal funds must cenify to thc following through all contracts issued: Affirmative Action for Handicapped Workers (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap iu reoard 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 othenvise treat qualified handicapped iudividuals without discrimivatiou 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 evenl of the contractor's noncompiiance with the requirements of this clause, actions for noncompliance 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 conspiciious places, available to employees and applicants for employment, notices in a focm to be prescribed by the Director, provided by or lhrough the contracting officer. Such notices shall state the coutractor's obligation under the ]aw to tal:e affirmative action to employ and advauc;e iu employment qualified haudicapped employees and applicants for employmcut, aud the rit�hts of applicants and employees. (e) The contractor will notify each labar uuion or rcpreseutative of workers with which it has a collective bargaining agreemeut or other contract uuderstanding, that the contractor is bound by thc tercus of Scction �03 of the Rchabilitatiou Act of 1973, aud is committed to take affirmative action to employ and advaace in cmploymeiit physically and mcutally handicapped iudividuals. (n 1tic contractor will include thc provisions of this clause in every subcontract or purchasc order of 32,�00 or more, unless exempted by rulcs, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upou 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 5nancial assistance. A11 recipients mnst certify to compliance wiih all provisions of this Section. A�e Discrimination Act of 197�. No person in the United States shall, 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. Execa�tive Order 11063, as amended_ All departments and agencies are directed to take all aciion necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities(includingland to be developed for residential use)of lendinginstitutions,insofar as such practices relate to loans insured or guaranteed by the Federal Government. Executive Order 11246, as amended, provides that no person shall be discriminated against on the basis of race, color, religion,sex, or nationai origin in any phase of employment during the performance of Federal or federally- assisted construction contracts in excess of$10,000. The followingcavil righis requirements also apply to CDBG grantees performance: Grantees shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto(41 CFR Chapter 60)which provide that no person shall be discriminated against on ihe basis of race, color, religjon, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. As specified in Er.ecutive Order 11246 and Ihe implementing regulations,contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recnritment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. Section 106(d)(�)Bl of Title I of the Housing Communitv Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. Sectio❑ 519 of Public Law 101-144 (the 1990 HUD Appropriations Act) requires each unit of general local govemment which receives Title I fiinds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. Section 906 of the Cranston-Gonzales National Affordable Housing,Act amended subsection 104(1)of the HCD Aci of 1974. The provision states that no CDBG funds may be obligated or expended to any unit of genera] local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdidion against any individuals engaged in non-violent civil rights demonstrations, or fails to adopt and enforce a policy of enforcing appiicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdidion. Unlike a similar prohibition in the FY 1990 Appropriation Act, the amendment clearly applies to a11 units of general local govemment, including counties. Section 912 of the Cranston-Gonzales National Affordable Housing Act amended Section 109(a)of the HCD Act of 1974 to prohibit discrimination on the basis of religion or religaous affiliation.