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HomeMy WebLinkAboutRS01-Redevelopment Agency ~VELOPMENT MJIDIC'f.Rl:QUBST FOR ~/COUNCIL ACTION From: Glenda Saul, Executive Director Subject: NATIONAL DEVELOPMENT COUNCIL CONSULTANT AGREEMENT RENEWAL b"Pt: Redevelopment Agency Date: September 3, 1987 Synopsis of Previous Commission/Council action: 5/7/84 - Community Development Commission adopted Resolution No. 4607 which authorized the Commission Chairman and Secretary to enter into and execute an agreement with the National Development Council for consultant services. 8/18/86 - Request to execute new agreement with the National Development Council referred back to Staff. 9/9/86 - Community Development Commission adopted Resolution No. 4923 which authorized the Commission Chairman and Secretary to enter into and execute an agreement with the National Development Council for consultant services. Recommended motion: (COMKll\llITY DEVELOPMENT COMMISSION) MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR CONSULTING SERVICES BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND THE NATIONAL DEVELOPMENT COUNCIL, INC. I , c:::J h '--'.../ LJ a O:(o.-~<..caJ Signature Contact person: Glenda Saul Phone: 383-5081 Supporting data attached: YES Ward: Various FUNDING REQUIREMENTS: Amount: $ 50,000 P . t Various rOJec : Date: September 8, 1987 No edverse Impact on City: (' ,cil Notes: 0642H/JAT/RMM ~//j//jl Aaenda Item No. RS-3 "- - '-' REDEVELOPMENT AGENCY-REQUEST FOR C~ISSION/COUNCIL ACTION ,-,..,,.' STAFF REPORT Staff and the Redevelopment Commi ttee are recommending approval of a one-year extension to the National Development Council (NDC) consultant agreement. The Agency currently contracts with NDC for consultant services in the following areas: (1) Industrial Development (2) Commercial Revitalization (3) Community Development Float Financing (4) Small Business Administration Section 504 Financing (5) Assist in the Preparation and Negotiations of Urban Development Action Grants wi th HUD (6) Hotel Financing Mechanisms (7) Downtown Revitalization (8) Transit/Parking Structure (9) Central City South Study Area CURRENT AGENCY PROGRAMS NDC has served as the Agency's representative in Washington, D.C. - both on EDA and HUD matters. The meetings and contracts required for the EDA grant to construct the Hospitality bridge and the packaging and processing of the UDAG grant for the Westside Shopping Center are examples of their services. They are serving as consultants on our Main Street project and have been involved in examining alternative financing (SBA, IDB and conventional loans) for many small projects. NDC is presently assisting the Agency in examining UDAG funding for the following projects: Project Total Project Costs UDAG Funding Potential Central City Mall Parking Structure/Major Department Store CC Project Area $8,800,000 $1,760,000 Sunwest (Simchowitz) SEIP Project Area (Completion of Bldgs 10 and 11, parking structure and child care center.) $24,800,000 $5,000,000 .,- SP Comm. (Simchowitz) SV Project Area (Expansion of "The Club") $7,300,000 $1,460,000 0642H/JAT/RMM 9/8/87 Central City Business Park (Retail light industrial and multi tenant structure) $6,000,000 $1,200,000 "E" Street Bridge widening (Widen bridge from two to four lanes) $4,000,000 $800,000 The Department of Housing and Urban Development has scheduled December 1, 1987, as the application deadline for the next round of UDAG funding approvals, and Staff hopes to use NDC as its representative in Washington, D.C., and as a developer negotiator on these projects. UDAG approvals appear promising for Merv Simchowitz' projects in South Valle and in the Sunwest Office Park. BACKGROUND NDC, founded in the early 1970's, is a private, non-profit corporation that has been in the forefront of stimulating job creation, small business growth and the revitalization of both large cities and small towns. In NDC' s fifteen years in the field of economic development finance, they have pioneered solutions for a wide spectrum of development finance problems. NDChas worked with federal, state and local governments to develop programs which directly impact job creation and development. NDC's approach is "hands on", as they work directly with Staff to put these development finance techniques to work to make projects happen that result in new jobs and an increased tax base. In the last 15 years, NDC has administered major federal programs under each of the last four Presidents: . In the early 1970's, NDC administered President Nixon's program to increase deposits in minority-owned banks. Over two years, NDC assisted minority banks to expand their deposit base by $250 million. · In 1976, working for President Ford, NDC assisted minority-owned insurance companies to expand their insurance-in-force from $7 billion to more than $15 billion. . From 1977-1981, NDC administered President Carter's Neighborhood Business Revitalization Program which assisted 65 cities to create local economic development financing capacity. During the period, over $3 billion of financing was generated for locally owned businesses needing expansion capital. NDC's responsibilities included training local economic development practitioners and packaging SBA 503, CDBG, UDAG, EDA Title IX, FmIIa B&I loans. In addition, NDC was responsibile for mobilizing private sector ..~"..../ 0642H/JAT/RMM 9/8/87 "....." financial inatitution resources which resulted in over $2 billion of commitments of long-term loans from local banks for local business expansions. San Antonio, Texas, was one of the 10 initial "pilot" cities selected for the program, which then increased to 65 cities due to its success in cities like San Antonio. . From 1982 to the present, NDC has been administering the Reagan administration's Small Business Revitalization Program. It is similar to the Carter program except that it aims to create capacity at the state government and rural community level. NDC has worked in 27 states creating business retention and expansion programs, marketing skills, financial packaging, and loan program design. These include the states of Nebraska, Kansas, Arkansas, Michigan, California, Arizona, Utah, Minnesota, Texas, New Mexico, Ohio and New Jersey where they are developing and implementing state economic development RLF programs for small communities using small city CDBG and state controlled funds. Also under the Reagan program, NDC has been a major catalyst increasing community usage of UDAG. The State of Arizona recently cited their Lender Commitment Program as the key element of their economic development strategy. . NDC has implemented Neighborhood Commercial Revitalization projects in dozens of big city neighborhoods and small city downtowns across the country. Beginning with the Old Town revitalization project in Baltimore, and the restoration of downtown Hudson, New York, NDC pioneered a comprehensive four-point neighborhood commercial revitalization strategy which has been used by both large urban cities and small towns. This program is a unqiue blend of private and public commitment using shopping center technology for maximum reinvestment and economic return. . NDC has created training programs for economic development professionals, local city officials and the private sector. Core courses include: "Economic Development Financing", "Real Estate Financing", "Advanced Deal Structuring", "Commercial Revitalization", "Operating A Certified Development Company", "Revolving Loan Fund Workshop" and "The Development Process", and specially tailored training for public and private organizations. Today, NDC contracts with 70 cities, counties, states, and other non-profit entities using a staff of 30 professionals around the country who have extensive experience in development financing, banking, and local government. NDC's training programs for local communities are recognized nationally as some of the best in the nation; their training is conducted at the Yale Graduate School of Organization and Management. NDC also has been a catalyst for change, working with SBA to create the SBA 503 program, and with BUD to create BUD 108 long-term business financing. NDC is about to undertake a project with several cities in developing mechanisms for expanding pension fund involvement in economic development financing. NDC is also working with several communities in creating small business incubators and with several states in creating state bond programs to replace shrinking federal participation in local economic development activities. In addition, NDC has developed forms of equity financing uniquely suited to economic development projects. 0642H/JAT/RMM 9/8/87 -"<>i" GENERAL SERVICES The National Development Council offers the following services: . Deal Making - NDC finance staff are expert loan packagers - whether it's for a hotel/convention center, shopping mall, local business or industrial plant expansion. They identify lending "gaps". They locate the best possible sources of funding and obtain the commitments. Most important, they close the deal. . Training - NDC has pioneered in creating training programs for economic development staff and the private sector. Core sessions include economic development financing, business credit analysis, real estate financing, advanced deal structuring, commercial revitalization, operating a Certified Development Company and closing the gap with UDAGs. In addition, NDC tailors training to suit the needs of a state or local government or private organization. . Advisers -- NDC helps local and state agencies shape and fine tune their economic development programs. It shows them how to capture and recycle economic development dollars to finance other community development projects - through loan processing fees, interest on Community Development Block Grant interim financing and revolving loan funds. It provides ongoing help with venture capital formation, tax shelter syndications, downtown business revitalization and small business/industrial job creation. . Contact with Federal Agencies -- NDC maintains close relations with the Federal agencies involved in economic and community development, especially SBA's Office of Economic Development, which administers the 502 and 503 programs, HUD's Community Planning and Development Division, and the Urban Development Action Grant unit. NDC helps smooth lending bottlenecks. It helps cities and states respond to changes in Federal programs and administrative rules and affect their economic futures. -""".., 0642H/JAT/RMM 9/8/87 SBEOOOOl-250/2593S/bm 08/17/87 RESOLUTION NO. .,~",..~- A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR CONSULTING SERVICES BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND THE NATIONAL DEVELOPMENT COUNCIL, INC. WHEREAS, on August 1, 1986, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (the "Conunission") entered into an agreement entitled "Contract For Services" ("the Contract") with THE NATIONAL DEVELOPMENT COUNCIL, INC. ("Contractor"); and WHEREAS, the Contract provided for services to be rendered by Contractor to the Conunission in connection with various authorized activities of the Conunission; and WHEREAS, the term of the Contract has lapsed, and the Conunission desires to retain the services of Contractor for an additional one (1) year; and WHEREAS, it is reasonable and appropriate for the Conunission to enter into a new Contract with the Contractor. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: -1- ",",'-' Section 1. The Chairman and the Secretary of the ~< Community Development Commission of the City of San Bernardino are hereby authorized and directed to execute a new Contract For Services, by and between the Commission and Contractor, for the period commencing , 1987, in the form attached hereto as Exhibit "1," which is incorporated herein by reference, together with such nonsubstantive changes as the Chairman and Agency Counsel may agree upon. Section 2. This Resolution shall take effect upon adoption. ADOPTED: Approved as to Form and Legal Content: SABO & DEITSCH A Professional Corporat" n BY:~ Interim Agency ''''-"'' -2- ........"r" SECRETARY'S CERTIFICATE OF ADOPTION AND AUTHENTICATION I, GLENDA SAUL, Secretary of the Community Development Commission, DO HEREBY CERTIFY that the attached Resolution is a true and correct copy of Resolution No. adopted , 19_, by the Community Development Commission of the City of San Bernardino, by the vote set forth below, and that said Resolution has not been amended or repealed. COMMISSION MEMBERS ~ ESTHER R. ESTRADA 1=1 JACK REILLY 1=1 JESS FLORES 1=1 MICHAEL MAUDSLEY 1=1 TOM MINOR 1=1 VALERIE POPE-LUDLAM 1=1 NORINE MILLER 1=1 DATED: , 1987. [SEAL] ...- Check Appropriate Box NAYS ABSENT ABSTAIN 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 Glenda Saul, Secretary of the Community Development Commission of the City of San Bernardino -3- SBEOOOOl-251/2594s/bm 08/17/87 CONTRACT FOR SERVICES THIS CONTRACT, entered into as of the day of , 1987, by and between THE COMMUNITY DEVELOPMENT COMMISSION (the -Commission-) and THE NATIONAL DEVELOPMENT COUNCIL, INC., a not for profit corporation, organized and existing under the laws of the State of New York (-Contractor-). WITNESSETH WHEREAS, the Commission is undertaking economic activities pursuant to the Housing and Development Act of 1974, Public Law 93-383, and General Economic Development Activities (the -Act"); and WHEREAS, pursuant to such Act, the Commission is undertaking certain activities necessary for the planning or execution of an Economic Development Project (the -Project"); and WHEREAS, the Commission desires to engage Contractor to render certain technical advise and assistance in connection with certain undertakings. ",~...' -1- '" NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Services: Contractor shall perform all of the necessary services under this Contract in connection with and respecting the following: 1. Assist in City Industrial Development. 2. Assist in Commercial Revitalization. 3. Assist in Community Development float financing. 4. Assist in Sma 11 Business Administration Section 504 financing. 5. Assist in other creative financing, utilizing federal agencies and other nonprofit vehicles. 6. Assist in the negotiation of UDAG's with HUD. 2. Time of Performance: The services of the Contractor are to commence on ' 1987, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract. 3. Compensation and Method of Pavrnent. The Commission will pay to Contractor the amount of Fifty Thousand Dollars ($50,000.00), which sum shall constitute full and complete compensation for Contractor's services hereunder. Such sum will be paid in the following manner, in every case subject to receipt of a requisition for payment from Contractor: -2- -"'-' -"....,- Q.D~VUUU~-~;JL'''''~~..'JJm OB/17/B7 CORTRA~T POR 8~RVICE8 tall CORtRAct, antared into of the day of as -I 1987, by lnd between THE COMMtmITlC DI!:VELOPM!N'l' {I UU.. (t-. .CommissiOn") and THE NATIONAL DEVlLOPMIlt'1' COUNCIL, .., · 11ft t., profit corporation, organized and edsting under the '-' ., ... tut. of a.w York ("Contractor"). IfITHZB81:TH ....., the Commission is undertaking economic activitie. f" ' ~' .... Rou.ing and Development Act of 1974, Public Law ~ 1lI~1 ,:.1 Economic Development Activities (the .Act.); and ..... fUtluant to .uch Act, the Comminion -- 1~ -.taill acts-viti.. nee.nary for the planning -', L~SdDdomic Development Project (the .Project"); and is or ,. the COmmission desire. to engage Contractor to ...... ~1micl1 advise and alllistance in connection with .......... p l;a_~aE. the l)artiea hereto do mutually agree II, · ~ at Service.: Contractor shall perform all of lie -.cassary .ervices under this Contract in \ -1- - ~... connection with and respecting the following: 1. Assist in City Industrial Development. 2. Assist in Commercial Revitalization. 3. Assist in Community Development float financino. 4. Assist in Small Businels Administration Section 504 financing. 5. As.ist in other creative financing, utilizing lederal agencies and other nonprofit vehicles. 6. Assist in the negotiation of UDAG's with HUD. 2. Time of Performance: The servic.s of the Contractor are to commence on , 1987, and ahall be undertaken and completed in such sequence 88 to assure their expeditious completion in the light of the purposes of this Contract, 3. Com'Oenntion and Method of ~avmt!lnt. The Commission will pay to Contractor the amount of Fifty Thousand Dollars <$50,000.00), which sum shall constitute full and complete compensation for Contractor's services hereunder. Such sum wi 11 be paid in the fallowing manner, in every case subject ta receipt 'Of a requi.ition for payment from Contractor: (II) Faur Thounnd One Hundred Sixty-Six Dollan and Sixty-Seven Cents <$4,166.67) a month payalille at the beginning 'Of each month. """," -2- '-" 4. T~rms and eonditions: This Contract is subject to and incorporates the provisions attached hereto aa Part II - Terms and Conditions (Form H-62iB) and Contract for Profes.ionai Services, Community Development Pro;ram, 'art II, Terms and Conditions FOrm 6/77. s. Termination: This Contract may be terminated by either party upon thirty (30) day. written ~otice. In the event of , termination, the fee payable to Contractor will be prorated to the end of the thirty (30) day period and the Commisaion shall thereafter have no further payment oblioation. IN WITNESS WHEREOF, the CommisaiQn and Contractor have executed this Contract as of the date first 4bove written. THE NATIONAL DEtELOPMENT COUNCIL, INC. lIy: THE COMMUNITY ~EDEVELOPMENT COMMISSION OF THB CITY OF SAN BBRNARDINO. CALIFORNIA By: CHAIRMAN By: SECRETARY Approved as to Form and Legal Content sabO~".h ~ A pr S 0 rpotation By: Interim Agency Counsel -3- 0.. / u. 5. DEPARTMENT OF HOUSING AND URBAN DEV RF.NE".IAL ASSISTANCE ADM1NISTRATION - - - - - - - - - - - - - - - - - - - - - - - -. Part II - Terms and Conditions 1.. Ter.:sinat1on o~ Contract tor Cause. tr, thrcugll ImY cause, the Contrac ahall tail. to t'uU1.ll. 1%1. 't1lllely Imd prolle:- mazmer his obl1pt1cns under this Contrac1;, or it the Contrac'tor sha.ll. Viola'te lIZ1y ot the covenlm'ts, agree=ents, or s't1pula't1ons ot ~s C:m'trac1;, the Local Public Agene)' shall thereUllOI1 have the right 'to 'ter=1na'te this Con'tract 'by s1T1.ng written no't1ce to 'the Contractor ot such ter.:s1.l1at1on Imd spec1rying the ettect1ve date thereot, at least tive days betore the effective date o~ such term1.l:lat1on. In such even't; all t1:lishe or unt1%11shed documen'ts, data, studies, and reports prepued by the Contractor under th1. Contract sha.ll., a't the, cp'tiOJ;1 ot the Local. Pl.Il:ll1c Asency, beecme its prcperty and 'the Contrac'tor ."'." be entitled 'to receive Just Imd equitable cOlllpel1llat1on tor lIZ1y satistac'tor;y work cOlllpleted on such doc\lments., Bo'tY1thatandi:g 'the above, the Con'trac'tor shall. not be relieved ot liablli 'to the Local Public Asency tor damages sua~ed by the Local Public Agency by ~1rtue ot tm7 breach ot the Con'tract b;y the Contrac'tor, Imd the Local Public Agency IIlIl.Y Vithhold lIZ1y par--=nts to 'the Contractor tor the ~oae ot setott' until such 't1=e as 'the exact U101,lllt ot damages due' 'the Local Public Aj;ency trom. the. Contractor is de'te~ed'. 2. 're=1nation tor COZlTen1ence ot Local P..1blic Asency. ~e Local Public Agency IIlIl.Y 'ter.ll:1nate this Con'tract lIZ1y t1llle by a notice 1%1 writing trCIII the Local Public Agency to the Contractor. tr 'the Contract is 'te=iD&ted by tlle L:lcal l'ubl1c: Agencj' as provided here1%1, the Contractor Vill be paid 1m ll:l:CUIlt which beara the S8llle' ratio 'to the total Ccarpensa'tion sa the services actualJ.:r per1"or:Deii bear 'to 'the 'tC'tal se1"'l'1ces ot the Contrac'tor covered by 'this Contract, leu payments ot cOlllpe:lSation PreTioualy lIl&de: Provided, howver, that it' less thlm sixty per cent ot the services COTered by this Contract have been pe:t!o=, upcm the effective date ot such te:"lll1%1at1on, the Contractor ."'." be reilllbu..-:sed (in &4d1't1o%1 'to the aboye paymen't) tor 'that portion ot the actual out-ot-pocket expenses (no't o'therwise re1.lllbursed under this COI:Itract) 1%1CU1":'ed by the C:mtractor dur1ll.g 'the Con'tract period 1lh1ch ue d1rectl;y a't'tr1butable to the, uncOIIIpleted portion ot the services covered by this Coatrac't. It this Cont:-act is ter.:U.nated due to the ~ault ot the Contractor, Section 1 hereot rels.tive to ter.DiZl&tion shall appJ.y. . - 3. ChaZlges. The Local Public Agency lIIay, t'rClll t1llle to 't1.llle, request changes 1%1 the scope ot the services ot the Contractor 'to be performed hereundeI Such changes, lIlcludi:1g ImY lIlcreaae or dec::-eaae 111 the llIIICunt ot the ContrectoI COlllpe:1aation, which ere IllUtually asreed UpOZl by 8Zld betwen the LocBl Public , ~e:1cy Imd the Contn.ctor, sha.ll. be 1%1corporated 1%1 written llIIendmenta to tll1s COI:Itract. ,",,,,,,,,. X.." i "'t;lD~218 .24Q) - 2 - . 4. Personnel. a. 1'he Cem~rac-tor represents t.hat he haa, or v111 secure "'-" at his own expense, all. personnel required 1D perlO1'"lllins the services under 'this C011tract. Suc!!. personnel shall nat be employees 01' or have any contractual. relationship with the Local PUblic Agency. b. All. t.he services required hereunder vUl be perlClr.Ded by t.he Ccmtnctor or under his supervision and all. -personnel enSll6ed 1D the work shall be tully qualified. and shall be authorized or perm:l:tt'ed under State and local law to perlo=. such. servi~.. "- c. 10 -persem who is serviDS sentence 1D L penal or cOrTectional 1nst1tut1on shall. be e::ployed on work under this C011trac~. 5. Anti-Kickback Rules. Saiariea or architects, draft_en, tecbn1cal. ensineers, and teclu1icians -per;torm1ns work under this Contract shall. be paid unconditiemally and not less otten than once a month wit.hout deduction or rebate on eny accoun~ except only such payroll deduct1cns as are- IIIlDdatory by law or pe1'"lllitted by the applicable regulat1cna 1ssued by the Secretary 01' Labor pursumt to t!!.e "Ant1-X1ckbac:k Act" 01' .June 13, 1934 (48 Stat. 948; 62 St&t. 740; 63 Stat. 106; title 18 U.S.C., i1ec~1on 874; and. title 40 U.S.C., section 276c). The Contractor _hall comply with all applicable "Anti-X1ckback" regulations ena sba.ll 1nsert appropriate prov1sicma 1D all. subcontracts ccverins work under t.his Contrsc to 1nsure co=pliance by subcon~rac:tors vith such regulations, and shall be responsible ro:: the submission 01' ~r1davits required 01' subcontrac~ors there- under e:xcep~ as the Secretary of Laber may speci1'ically provide ror Tariations ,,_ Q1' Jr exelllpt10ns 1'rcIIl t.he req~,ire_nts t.hereor. 6. \litbholding ot'Salaries. It', 1D the pert'on:ance 01' this Contr&c't, 'tl::e:'e is eny underpayment 01' salaries by the Contractor or by eny subcontractor there- ~der, the Local Public Agency shall' withhold rrOlll thl!l Contractor out 01' pay:entl ~~e to him en a:oun~ sufficient to pay ~o employees underpaid the d1t1'ere:ce between the salaries required hereby to be paid end the salaries &C~ua.lly paid .s-,:cll. e::ployees tor the ~at&l number or hours vorked. The 8lIIClurits withheld aheJ.l ~ oS1sbursed by the Local Public Agency ror and on account 01' the Con'tractor or eubcontrac:tor to ~he respective employees to whcm they are due. 7. Cla1ms and D1S1'Utes Pertain1ng to Salary Eates. Claims and disputes ~erta1n1ns to salary rates or ~o classifications 01' architects, drartsmen, t.ecl:u:lical eng1neers, end technicians per;tormins york under thia COll'tr&C't shal.l ~ pro::ptly reported in vrit1ns by the Contractor to the Local Public Agency t.:lr the laUer's dec1a1cn which shall be t1nal ~th reapee-'t thereto. .' 8. Ec;.ual E:zrploy:en-e Opportunity. DurinS the per;tormance 01' this Contrac.., !~e Co~tr&Ct.or agrees as tollows; '-" a. The Contractor vUl not discriminAte ~a1nst aJly e::ployee or applicant tor ecplo)'ll:erlt because of race) color) religion) aex) or nat10r.el origin. The Con1:ractar v1lJ. take ~r1rmat1ve action to ensure that appl1can"tS ere e::pl~, end that e::ployees are 'trea'ted dur1ns elllplo~n't, wit:1cut reger to their race) color, religion, sex, or nat101l.l!J. origin. Such action sball include, but not be lhd'ted to, the 1'ollcv1ns: elllP1oyment, Upe;rad1nS, delllotion, o:c. transrer; recruitlllent or recruitment advertis1ng; layot1' or term1naUon; rates 01' payor other 1'orms or ccmpensation; IlJ:d ...0'-,....' (_. . .~ """,..,.. ...."....... . " - 3 - HUO~21E (2." selection :Cor training, including apprenticeship. The Contractor agree to post in conspicuous places, available to employees and applicants :Co employmen't, nat1ces to be- provided by the Lcc:al Public Agency setting torth. the provis ions ~ this nondiscr1lllination clause. b. Tbe CoI1tractor v1ll, in all solicitatiODs or advert1aements tor elllploye, placed by or on. behaU' ot the- Contractor. state- ~t all qual1tied appllcan.ta v111. recelve canaideration. tor e::sployment without regard 1;0 racer color. religlon. sex. or national. origin. ~. C'. The COI1tractor v1ll cause- the- toregoing prov1s1ona to be 1nserted 1:1 al: subcOl1tracta. tor an.y verk covered by this Contract so tha't such proviai. v1ll be l!ind1ng upon each subcontractor. provided that the tore going provision~ fl..." not apply to contracts or subcontracts tor sts:lds..--d cCIlIIlercial s~pplies or raw _terials. 9. D1scr:1Jllination Because ot Certain Labor Matters. Bo person elllployed on the verk covered by this Contract shall be discharged or in eny way discr:1Jllinate< qa1ns"t because he ha.s tiled any cClllpla1nt or instituted or caused to be institu' an:r proceeding or ha.s testi:Cied or is abClU"t to testity in an.y prcceeding under 0: rela't1l:J.o t.o the labor standards applicable hereunder to his elllplo:rer. 10. C=l1ance With Local Laws. The- Con"tractor shall compl:r v1th all applicable- laws. ordinan.ces, and codes or the State and local gove=ents, acd shall. c=it no trespass. on any public or private- property in pe:O:Or.:ll1ng any ot t.~e vcrk e=braced by this Contract. . :" ll. Subcontractin'g. lione 0:(" the- services covered by this Contract shall be subcentract.ed.,vithout the prior wri'tten consent 0:C the Local Public Agency. The Contractor shall. be as t'ull.:r nsponsible to the Local Public Agency tor the &C't5 end omissions ot his subcontractors. end ot persons either a1.-ectly or :.r.direcUy elllplo:recl by the=. as he is tor the acts and OIII1s81ons ot persons directl:r employec1 by h:1Jll. Tbe Contractor shall 1nsert in each subcontract , a;propriate provisions re~u1ring complis:lce- with the labor sts:ldards prOVisions or this Contract. 12. As81gnabllity. The Contractor shall not asd(l;l1 any interes"t in this Ccn"trac't, and shall. not transter any interest 1n 'the seme (whether by assign=ent or novation) without the prior written approval ot the Local Public Agency:" Provided, hovever. that cla1D:s tor 1II0ney due or to becOllle due the Ccntrae"tor trCIII the Local Public AgeDCY under this Contrae't _y be aas1(l;l1ed to a bank, trus't cc::=pany, or o'ther tinancial institution. or to a Trustee in :Bankruptcy, without such approval. lio"tice or any such assignment or trs:lsfer shall be furnished promptly "to the Local Public Agency. " 13. Interest ot Me:bers or Local Public Agency. No lIIe=ber or tbe goveroiIlg bedy or 'the Local Public Agency, and no other or1"icer. employee. or e.eent or the Lccal Public Agen.cy who exercises any tunct.ians or responsibilities 1n connecticr with t.::"e c&rr"Jing out ot the ProJect to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Ct!:ler Local r-.1b1ic O1'1'1ci&1&. lio member' of the goveroiJ:g body of the locality 1n which -the ProJect Area is situated, and no other public ~fticial ot such locality. who exercises any tunctions or responsibilities in ~be review or approval 01" the carrying out of t.he ProJect to vaich this Contract ;e~aL~s, shall have any personal interest. direct or indirect. in tbis Contract. -- -""-"",0' ~-~ 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident. Conmti.ssioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. 16. Illterest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the perfonnance of his services hereunder. The Contractor further covenants that in the perfonnance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, infonnation, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization wi thout the prior written approval of the Local Public Agency. , "-- """,-,, '-'...< ., ~.'" CONTRACT FOR PROFESSION M. SERVICES COMMUNITY DEVELOPMENT PRO CRAM r_ \-_ '.(6.77) ------------------ " Part 11 - Terms and Conditions -, . 1. Labor:Standards. The Consultant understands that this Contract is financed in whole or put with Federal funds and hence ii subject to any applicable labor standards. promulgated by the United States Department or Labor and other Federal o~nces. , , 2. Lower Income Croup Employment Opportunity Requirements. The. work to be perfonneCt under this contract is subject to the requirements of section S of the Housing and Urban D.v.lopm.nt Act oC 1968, u am.ndcd, 12 U.s, C. 1701... S..tion 3 r.quir.s that to the ereatest extent feasible opportunities ror training and employment be given lower income residents or the project area and contracts ror work in connection with the project be awarded to busmess concerns which arc located in. or owned in substantial part by penons ftsjmn, in th~ area of the project. . . .. ..' ~ - '0. . Th..parti.s io this Contract wUl.omply with the provisions oC said ...tion 3 and the '.culations issu.d p......ant th.r.to by the S.cr.tary oC Ho..sing and Urban D.v.lopin.nt , ..t Corth in 24 CFR 135, and all applicabl. rules .and ord.n oC the Department iss...d thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they arc 'Under .no. contractuiJ..or. other disability .'l.l,.hjch would prevent them flom complying with these :requiremenu. . . , . \ The Consultant 'will send to each labor orpnization or representative of ",'orken with which it has a collective bargaining agreement or ather contract or W1dcrstanding. if any, a notice advising the said Jabor organization or workus. representative of hs commitmenu under this section S clause and .hall post copies of notice in conspicuous places available to employees and applicants for employment Dr training. The ConsWtaIlt will include this section 5 dausc in every lubcontraet for 'work In connectiOD with the project and will, at the direction or the applicant for or recipicut of Federal financla1 assistance, take appropriate .actiOD purJUaDt""lO the wbconlraCt .upon a finding wt'th. subconlnctor ia ill violation-oC rcEUlationa iu...d.by..th.~.cr.tary_.oC ..; Ho..sing and U.ban Dev.lopment, 24 CFll..135. Th. Con.wtant will not subcontract, with _ . any....b.ontracto. wh.... It bas notic. or knowl.dge '-that th. latter bas be.n fo..nd ill . violation oC ..culationa und.r 24 CFll.'135 and will notld any ...bconlract unl.ss the , a..bcontnctor bu lint provid.d him with a pr.liminary .tat.m.nt oC ability to comply with the requirements or these regulations. .'. .. Compliance with the provisioJU or .ection 5, the regulations .et forth in 24 CFR J35, and all appUcablc NCS and orden of the Department issued thereunder prior to the execution of this Contract, is a condition of the Federal financial assistance provided to the p'roject, bindine upon the Consultant, ill .uecessOr's, and assigns to those unctions speCified by the crant or loan agreement or contract through which Federal assist.:Lnce is provided. and to such lanctions as arc specified by 24 CFR. 135. 3. Equal Opportunity R.q..ir.m.nta, During the p.rCorman.. oC this Contra.t. the Consultant agrees as follows: L The Consultant will Dot discrimml.!S-apin!!-any cmplo).ec or applicant ror employment because of r.acc, color. rdigion, lex, Dr national ongin. The Consultant wjll take ariumative acti.oa to ensure that applicants arc employed. and that employees arc treated equalJy durin. cmplQyment, without rcprd to their nee, color, relieion, sex, or national DrigiD. S..cb action .hall Includ., b..t not b. limited to, the foUowing: employment, UPl"dinC, demotion, or traJUfcr, recruitment or recruitment advertising; 1ay~~r Dr. te~tioni rate~ of .pay or other fonns Dr compcnsatiofti and Iclection (or tr~&. ancJudinc apprcnticcshiJ:!o The Consultant acree. to post in conspicuous places. av..uabl.. to .mploy..~ and appllC:ants Cor .mploym.nt, notices to b. proviclcd by th. conttaebng orficer lettml Forth the provisions of this nondiscriminuion clause. , ^;..- -_. ..... 2 "..",~.-w' .. .- .0 : b. The Consultant wilt. in a11solicilations or advertisements for employees placed by Dr on behalf of the Consultant, n.le that aU qualified applicants will receive: consideration Cor employment without regard 10 nce, color, I'cliKion. leX, 01' national origin. c~ The Consultant will Icnd to each J.bor union or represcntative of workers with which he has a collective barpininl all'ccmcnt or other contract or understanding. a notice to be provided by the Department's contracting OrrICCJ, advi.inllhc labor union or worKn. representative of the Consultant's commitments under nction 202 of ExcC\uivc Order 11246 of September 24, I96S, and shall post copies of the notice in conspicuous . Places avaUable to employees and applieanu for employment. d. :The Consultant wiD comply.with aU provisions of E:x.ccutivc Order 11246 of September 24. 1965, and o~ the Nics, rcplations, and relevant orders of the Secretary of Labor. ,. : .. c. The Consultant wUJ furnish" aU information and reports required by Executive Order 11246 or September 24, 1965, and by the rules, resulations, and orders of the Secrcu:ry of LabOT, or pursuant thereto. and will ramit access to his books, records. and accounts by the Department and the Secretary 0 Labor for purposes of investigation to ascertain compliance with such rules, uJUlations. and orders. . fa In the event of the Consultant's noncompliance 'with the nondiscrimination clauses of this ConD'act or ~th any of such rules. uJUlations, or orders. this Contract may be canceled, terminated or suspended in who!e or an part and the Contractor may be: ~declared ineligible -for . further .Government contracts in accordance with procedures. authoraed' in Executive Order 11246 of Septembcr.24, 1965, and such other sanetions may .be .imposed and ~J'emedies in~oked .as . provided 'in .Executive Order ..11246 of.. September 24, 1965. or by ".'J'UJe. Tegulation,.or order:of the Secretary of Labor. Of as <ltherwise prov:ided by law. ~- I 'c. The Consultant will include the provisions of parll&raphs (a) through (z) in every subcontract or purchase order unless exempted by rules. regulations, or orders of the Secretary of Labor issued pursuant to .ection 204 of Executive Order 11246 of September 24. 1965,10 that such provisions will be bin dine upon each subcontractor or vendora The Consultant will take such action with respect to any subcontract or purchase: order u the DepU'tmcnt may direct as a muna of enCorciDJ Ncb provisions including . nnctioJ1l for noncompliance, 'provided. .howcver, that.in the event the Consultant becomes involved in, cr is threatened "With, litigation with . IUbconuactcr or vendor as.a result or such direction by the Department.' the Consultant may request the United States , ~o enter into such 'Iltiptiosi 'to, protect the interests or the United States. '.' . : ... :. '.. .~.....~.~ :;. t:;:':.'.' :,.. . . : .' 4. ',Envir';';"'ental Requirements. s. The Consultant.hcrcby a&rees and stipulate..s required by 40 CFR 1 S that any raeUity to be utili1ed by it or any subcontractor in the performance of the .cope"oC lerviccs herein'is not~n the United States Envir-onmcntal Protection Alcncy'. List of Violating FacUities a. of the date of this contr.l.ct or thcreallCfa ' b. The Consultant further.agrees that it wDl obtain similar slipulationslalisfactory to the Municipality from any subcontractors it engages. . . . c. The Consultant agrees to comply with aD the requirements oFscction 114 of the: Clean Air Act (42 US.C. ISS?) and section SOS of the Water Pollution Control Act (33 US.C. 12S1) and all regulations and other requirements issued pursuant thereto. " d. The Consultant acrees and stipulates that this Contract is conditioned upon the: Consultant'. promptly noLif'yin" the Municipality of any communication it receives indicatinl that a facility to be utilized for \his Contract is beme considered for placement On the Environmental Protection Agency', List of Viola~1 Facilities. It. The Conswtant agrees that it will include or cause to be ineluclcd in aU non exempt subcontracts (as provided by 40 CFR IS) the aiteda and rcquiremenu of a, through d. of this paragraph on Environmental Requirements; and the Consultant further agrees th~t.it will take .uch action as the Municipality may direct u a muns of enforcing luch prOV'lSlOns. . , .. "..... ..... " .... 5 .. ,.. I. The Municipality and &he Consultant understand that subcontracts not c:kcccding ONE. HUNDRED THOUSAND DOLLARS ($100,000) are e"empt from these environmental regulations (40 CFR 1 S) but in any ..ent the Con.ultant is responsible for complying with all environmental uplations ,dcvant to this Contract. . g. In no ..ent shaU any amount of the p.yment provided under this Contract be ' used with respect to a facility which has givcn nsc to a conviction undcr section I U(c)(l) of the Clean Air Act or 'e~tion 509(c) of the Fedcral Water PoDution Control Act.. o' 5. Interest of Members, Olficers, Of Employees of MunicipaJity, Members of Local Covcmin.....Body. or Other Public Officials. The Consultant apcs that no officer, member or employee of the Municipality and no members of its ,ovcrning body and no other public o(nci.J 01 the ,OyaNn. body or the Jocality or localities in which the project is situated or bcini carried out who exercises any functions or responsibilities in the review or approval in the undcrtakine or carrying out of this contract shan participate in any decision rdaling to this contract which affects his personal interest or the inhrest of any corporation, putnersbip.or association in which it is. directly or inclircctly,.intereslcd or have any 'personaJ or pecuniary interest, direct or indirect. in this Contract or the proceeds thereof." . ~',. ~ " 6. Interest of Certain "Federal Officials. No member. of or delegates t.o the ConlTess of the United Statcs and no Resident Commissioner shall be admi.tted to any share or part of this Contract or to any bencfit arising from it. ., . " .,"- , '. . ." .. " . ... . ......" .' 7. ProhibitioD Apinst P~ymcDts' of Bonus or Co~~~si~~ ''Ihc.p~Yme'~tJ provided under this Contract lhall not be used in the payment of any bonus or commission for the purpose of obtaining HtlD approval of the .pplic. tion for such usistance, or HtlD approval of applicatiON for adclitional assistance. or any other approval 01' concurrence of HUD required under'thU Contract, 'ntle I of the 'HousinC'md Community Development . Act of 1974 or HUD rc,wltions with respect thereto; provided, however. that Rasonable " fees or bonafidc 'lechnical, consultant, manageriaJ or other such services, other than actual .olicitation, arc DOt hereby prohibited if otherwise eligible as procram costs. 8. DiabW'semeDt of Materials. No informatioD or material rUhcrcd under this Contract shall be made available to any individual or organization without the prior .pproval ohhe Municipality. . 9. Examination of Records. The Munic~aUty. tbe ComptroUer C.n...a1 of tbe United Stalc.. Ibe Federal or St.te .gency provuling lb. funds uncler which Ibis Contract 'Is funded....d my or Ibeir duly .uthorized representative. thaU baye acc..s to my -and all . books, docu.menu, papers, arid records of the - Consultant which in their disaetiOD arc ~ctly p...tin.nt to this Contract.for~. purpose-of .uditing, -caamininr. e"cerpting and transaJbing IUDe. _._ . . .'~ . 10. As.;gnabmty. The Consuli..nt'sh.D not ....;1" any intcrcst in thi. Contraci, and .hall not bansfer any intuest in the a.me (whether by assignment or novation) without the prior written approval of the )4unic;ipaUty: hovidcd. however, that claims for money due or to become due the Consultant from the Municipality under tlUs Contract may be assjpcd to a bank, trust compaDY, or other financial institution, 01' to a Trustee in Bankruptcy, without such approval. Notice or any Ncb assipment or transfer lhall be furnishcd promptly to Ibe Municipality. provided, how.v.... that a merger of the Consultant with another rum or corporation or an acquisition or the Consultant by another corporation 01' f'um aha1l mot be construed as affecting the contractual relation.hip between the Consultant and the Municipality. . JL Insunncc. The Consultant IhaD provide Workman., Compensation Insun.nce for its own pcrsonnelln accordance with statutory requircments. 12. C1lr'Il(CS, Th. Municipality may. from timc to lime, request changes in thc Scope of Serviee. of the Consultant to be pcrfonn.d hereund.r. Such chances, including any inaeue or dca-case .in the amount of the Consultant', compensation, which arc mutually agreed "pon by arid between thc Municipality and the Consultant. shaD bc incorporated in written amendments to this Contr~cL . , " ~ " .' .' . ;~'. . .' " ~ " ." -' '- . '- . ...,..,.;' .. 13. Termination Pro\;.,ions. .. Termination For CaUIE: Jr, for any rason, the: Conlllhant fall> to fulrdl in a timely and proper manner lIS obliption. under this Contract, or If the Conswlant viotates any of the conditions. covenants. ap'ccmcnts or stipulations of this Contract, the MunicipaUly shaU, thereupon ha"c the rilht to tcnninatc this Contract by IMn, written notice to the Consultant of such termlnation and specifyinc the effectiyc elate thcreof, at le..t twenty day. before .ueh date. In th.t ..ent, all or any part DC rmishcd or unfinished materials prepared by the Consultant shall become' the property of the Municipality and the Consultant .haD be entitled to just and equitable compcDSation for said materials. ", :.;. .... ....:. . . . . . ......'. . . . . . ...... b. Tcrmination For The Convenience: ~f The Municipality:: The Municipality may' tcnninalc this Contract at iu convenience at any time by livanl Mitten notice to the Consultant or such termination and spccilyinC the ctreetivc date thereof at least twenty days before the cCrective date of such termination. In that event, all finished or unrmishcd materials prepa;red under this Contract shan become the property or the Municipality. In the event' or termination for the convenience of the Municipality. the: Consultant shan be paid an .mount which bears the Arne ntio to the: total amount provided for in this Contnct as the services actuaUy performed bear to the total services envisioned by this Contnet Jess payments already made:: Provided, howevCl'. that if less' than 60,. of the seMce. covered by this Contract have been performed upon the elfcctive: date of .uch termination. the Consultant shall be reimburscd (in addition to the: above payment) _ for that portion of thc actual out of, pocket expen.e. (not otherwi5e rcimburJcd UDder this Contract) incuned by the Consultant dUflnl thc contract period which are directly attributable to the uncompleted portion of the ..lViee. coyered by this Contract. Jf this Contracl is terminated due to the fault of the Con.ultant, subparacr.ph . a. of, this, acreoment .hall apply. The aboyc proyi.ions of this .cetion .hall not be . appUcablc. in. thc -CUe of '.'co.ntract which providcs for per diem compensation in whjch..' event termination of the Contnet .hall require the Municipality to only eom!J'cnDt~ the Consultant for per diem reel due for work undertaken prior to the time of receipt by the Consultant of a notice of termination. .' " .;, . ~.. ..... '.~..:: . .' ~.. ..... ..' '. ..,' " " :....... -, " '. .... .. . .'. r' -'. ,', ..j. " .' , , "