HomeMy WebLinkAbout1987-11-23 88-27 ORDER88-2)
Introduced by Councilor Tilley, November 23, 1987
_Hp CITY OF BANGOR
(TITLE.) Orbert __Ruch g Ezep, a f„Agreement for Consulting
Services,School Build Lag. Utilization Study ___ .
By the City CmvIoU of City of Baa .*
ORDERED,
THAT WHEREAS, the City Council is desirous of retaining a
qualified consultant to assist the City in the evaluation of the
present school facilities as part of the Comprehensive Plan Revision;
and
WHEREAS, after the solicitation of proposals and the
review of the suite in accordance with the City's Purchasing Regulations,
the City Council hereby determines that The Research and Evaluation
Center, College of Education, University of Maine, should be retained to
provide the desired analysis;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF BANGOR THAT the City Manager, on behalf of the City of Bangor,
s hereby authorized to execute a Consulting Agreement by and between
the City of Bangor and The Research and Evaluation Center, College of
Education, University of Maine, a copy of which is on file in the Office
of the City Clerk.
In city council NOVaMer
Passed
Hs.d7
az
ORDER
Title,
Authorising Execution of Agr
.......................................
for Consulting Services - school Building
............. .................. :......
Utiliz@"'.bnc-Study
Introduced and filed by
...
a e-40�7 Councilman
88-27
1:Itl;1461M�k
ARTICLES OF AGREEMENT, made and entered into this day of
1987, by and between THE CITY OF BANGOR, hereinafter
called the CITY and THE RESEARCH AND EVALUATION CENTER, College of
Education, University of Maine, Orono, Maine, hereinafter called the
CONSULTANT.
WHEREAS, the CITY desires to engage CONSULTANT to render pro-
fessional services, advice and make recommendations as hereinafter
set forth in connection with the preparation of a School Building
Utilization Study.
WHEREAS the parties have reached an understanding with each
other regarding professional services
ices to be performed and the amount
to be paid therefore; and desire to set forth their understanding in
the form of a written agreement.
NOW, THEREFORE, in consideration of the promises and mutual
understanding of the Parties hereto, it is agreed as follows:
ARTICLE I: STATEMENT OF PURPOSE
Assist the CITY by the preparation of a School Building
Utilization Study to include evaluation of existing
school plants and recommendations for the future space
needs of the Bangor School System.
ARTICLE II: BUILDINGS TO BE INCLUDED
Me proposed study will include seven elementary school
buildings, two junior high schools ("middle schools")
and one high school presently owned by the City of Bangor.
ARTICLE III: SCOPE OF WORK
The CONSULTANT shall do, perform, and carry out in a
satisfactory manner the following tasks:
1. Review existing documentation available from the
Superintendent of Schools' Office relative to the
buildings, their current staffing, curricular offerings
and any other related materials.
2.. Conduct an on-sitephysical examination of each
school building; including:
A. A review of the current activities undertaken in
each room in the building.
B. Based on State recommendations/standards identifica-
tion of the estimated design capacity of each room
and building.
ARTICLE IV:
G1S4441 WR
ARTICLE VI:
C. Based on Board policies, identificationofthe
estimated design capacity of each room and building.
D. A review of current usage of each room on per .day
and per week basis.
3. Review the current curriculum/program to assess the
extent to which current usage of facilities is efficient
and effective.
4. Make recommendations concerning more effective use of
facilities for current programs.
5. Make recommendations relative to educational faciliites
and space needs in response to anticipated enrollment
changes and program/curriculum (such anticipated changes
and the related data to be provided by the Bangor
Superintendent of Schools).
In addition to the above, the CONSULTANT may be retained
to meet with the CITY's Planning Staff or Planning Board
and with the Bangor School Board to discuss its findings.
The method of professional services shall be subject to the
CITY's approval, provided, however, the CONSULTANT shall
assume full responsibility for the adequacy and sufficiency
of his services. Professional services shall be performed
under the direction of Dr. John Skehan, Associate Professor
of Education.
FEE
Consideration of the performance of the work provided by
this AGREEMENT, the CONSULTANT shall be paid the sum of
Six Thousand Five Hundred Dollars ($6,500.00) which
shall constitute complete payment for all professional
services required to be performed hereunder. CONSULTANT
shall furnish at its cost all labor, equipment, forms,
materials, etc. to perform the services as required herein.
REPORTS - PROPERTY OF THECITY
No reports, maps, graphic materials, recommendations or other
documents produced, in whole or in part, under this AGREEMENT
shall be subject of an application for copyright b or on
behalf of the CONSULTANT, or its agents or assigns. All
such materials furnished to the CITY under this AGREEMENT
shall be the sole property of the CITY, and CITY shall be
free to use the same inany manner it deems appropriate.
The CONSULTANT will provide ten copies of preliminary
reports and materials, and twenty copies of the final
report to the City.
ARTICLE VII: PROJECT PROCEDURES AND ADMINISTRATION
The CONSULTANT'S activities under this AGREEMENT will be
supervised and coordinated by the CITY'S Superintendent of
Schools'Office. The Superintendent of Schools' Office Staff
will assist the CONSULTANT in organizing necesssary meetings
with various groups involved in the various phases of the
project and will meet periodically with the CONSULTANT to
provide information, review progress, and provide input
into the work product.
ARTICLE VIII: TIME AND PERFORMANCE
The CONSULTANT shall commence work within ten (10) days
after the date of this AGREEMENT and will complete no
later than January 15, 1988.
ARTICLE IX: ASSIGNMENT
The CONSULTANT shall not assign, sublet, or transfer its
interest in the AGREEMENT without the written consent of
the CITY.
ARTICLE X: GOVERNING LAW
This AGREEMENT shall be construed in accordance with the
Laws of the State of Maine, Any disputes arising out of o
in the course of this Agreement which are not resolved by
mutual agreement of the parties hereto shall be resolved
by litigation in the Maine SuperiorCourt for Penobscot
County.
ARTICLE XI: NOTICE
Any notice which either party desires or is required to
give to the other in connection with this AGREEMENT shall
be in writing and shall be sent postage prepaid, certified
mail, return receipt requested, as follows:
If to CITY:
If to CONSULTANT:
James F. Doughty
Superintendent of Schools
City Hall
73 Harlow Street
Bangor, Maine 04401
Dr. John Skehan
312 Shibles Hall
Center for Research and Evaluation
University of Maine
Orono, ME 04469
or such other person or address as may be designated by
the parties.
ARTICLE XII: ADDITIONAL SERVICES
The parties agree that CITY shall have the option to
retain CONSULTANT to provide such additional services as may
be mutually agreed upon, in accordance with the rates set
Forth in Exhibit A attached hereto and incorporated herein
by reference. Prior to the provision of such additional
services, the parties shall execute a written amendment
to this Agreement, which amendment shall specify the
additional services to be provided and the fees therefor.
ARTICLE XIII: INDEMNIFICATION
CONSULTANT shall indemnify and hold the CITY and its
designated representatives and employees harmless from
and against all costs, fees, expenses (including reasonable
attorney's fees and expenses), obligations, damages,
liabilities, claims, judgments and the like arising out
of the performance of the services contemplated hereunder,
other than in regard to CONSULTANT"s professional judgments,
analyses and reports and except to the extent any of the
foregoing arises out of (I) an act or omission solely of
the CITY or its designated representatives or employees,
(ii) an error in any. information, data, records, materials
or similar items provided to CONSULTANT which is not
apparent in the exercise of reasonable judgmentand review,
or (iii) an error in any public records obtained and relied
on by CONSULTANT which is not apparent in the exercise of
reasonable judgment and review.
ARTICLE XIV: CONFIDENTIALITY
Except as is necessary for the staff of CONSULTANT to
perform the services contemplated herein, all reports and
recommendations prepared hereunder and all information,
data, records, materials and similar items provided to or
obtained by CONSULTANT, other than matters of public record,
shall remain confidential and shall not be transmitted to
any person or entity other than the CITY, unless authorized
in writing by the CITY.
ARTICLE XV: SUPPLEMENTAL TERMS AND CONDITIONS
The CONSULTANT agrees that this AGREEMENT is subject to,
and the CONSULTANT hereby agrees to abide by, the provisions
set forth in Exhibit B, attached hereto and incorporated
herein by reference.
"CONTRACT FOR PROFESSIONAL SERVICES, PART II - TERMS
AND CONDITIONS"
IN WITNESS WHEREOF, the CITY OF BANGOR and THE CENTER FOR
RESEARCH AND EVALUATION, having executed this AGREEMENT in duplicate
counterparts as of the day and year first above written.
Witness
THE CENTER FOR RESEARCH AND
EVALUATION
CITY OF BANGOR
BY
Thomas
Interim City Manager
CONTRACT FOR PROFESEIONit, SERVICES 88
PJ
Part II - Tures and Conditions
1. Termination of Contract for Cause. If, through any cause, the
ul
consultant shall fail to ffill in a timely and proper manner his obliga-
tions under this Contract, or if the Consultant shall violate any of the
covenants, agreements, or stipulation, of chis Contract, the Municipality
shall, thereupon, have the right to telminat' this Contract by giving.
wri
]ftten n¢tice to the Consultant of such termination and specifying the
eeet the date thereof, at least five day, before the effective date of
such termination. In such event, all fiui.Nhed or unfinished documents, data,
studies, and leparte nropored by the Consultant Under this Contract shall,
at the optical of the cclMunicipality, beconu its property and the Consultant
ed to roc si
spall be entail just and equitable Compensation for any satis-
factory work nupleted on such documents.
NOtwithsnandieg the absve, the Consultant shall not be relieved of
ifab it i:y tO it-' Municipality for Lklgca sustained by the Municipality by
virtue of any breach of the Contract by Cita Crn,sultant, and the Municipality
ray vLth^alj any raynanra to the Consultant for the purpose Of sCtoff until
sulc
ch timesas terhe exact amount of'damagos due the Municipality from the Con-
2Termination for cOnveninnce of Municipality. The Municipality may
terminate this COntrict at any. time by a notice in Writing from the launicipality
to the Consultant. If the Contract as tierinated by the Municipality. as
prcv:d,d herein, the Consu Itant '111 be ['4'd annot which hears the Con¢
nt:o to the tOtQ comae cation as the :; tactually performed bear to
the total services of the Consultant coverodby this Contract, less payments
Of Compensation previously made: provided, however.
that if less than sixty
PercentOf the se[ Ces covered by tide have been .performed upon
the effective date
of
such termination, the Consultant shall be relmbursed
firs addition to the alcove payment) for that particle of the actual out-of-
pocket expenses flet itherwis¢ reimbursed under this Contract) incurred by
the Consultant dining the Cantract period which are directly attributable to
the uncompleted portiea Of the services covered by this Contract. If this
Contract r oted due to the fault of the Consultant, section l hereof,
relative to t-tvunatien, stall apply.
J. Changan. The Municipality may, from time to time, request changes
in the scope of the s s' a of e COLIcultnnt to be performed hereunder.
such changes, i ludingvany th
increase
r decrease in the amount of the Con-
sultant's ce pensati,s, which 1arenutually agreed upon by and between the
Municipality and the Consultant, shall bra incorporated in written amendments
to this Contract.
EMIBIT 8
F
a. Personnel
a. The Consultant represents that he has, or will secure at his
own
ns expense, all o onoel required in performing the services
under Such personnel shall not he employees
of or have any couc.actual relacfunship with the Municipality.
b. all the services required, hereunder, will be performed by The
Consultant Or under his supervision and all personnel engaged in
the Work shall be fully qualified and shall be authorized o
Permitted under State and local taw to perform such services.
C. No person who is serving sentence in a penal Or Correctional
institution shall be employed on work under this Contract.
9. ,Mti-Kickback Rules. Salaries of architects, draftsmen, technical"
engiineer$, and technicians performing Work under this Contract shall be paid
=Conditionally and not less oftenthan once amonth without deduction o
rebate on any account except only such payroll deductions as are mmxle[ed
by law or permitted by the applicable regulations issued by the Secretary of
62 Stat. 740, tpinStac, loge title US d`. section 8]C; laM titleRiOtU. 9446.
eecfen 376Cl. The Consultant shall comply
regulations and s 11 with all Mckb
. applicable •[i-Kiack"
'fn ca he appropriate provisions i all statement use
covering Work unLar thfssi re Contract to ecompliance by subcontrectocs
with such regale tions, and shall be responsible for the submission of
affidavits r qu iced ofsubcontractorsthereunder a cept as the Secret", of
reqladuirements r any ny provide for variations s o[ or exemptions from the
6. withholding of Salaries. -11, in the parfo[manee Of this Contract,
there is any underpayment of salaries by the Consul Cant or by any sub- ntractor thereunder, the municipality shall withhold from the Consultant
Out of payments due to him an amount sufficient t0 pay Co employees underpaid
difference between the salaries required hereby as be paid and the salaries
actually paid such employees for the total number of hours worked. The
eolmetswithheld shall be disbursed by tiro municipality for and o account
Of the Consultant or subcontractor to the mspecelve employees towholeare due.
]. Claims and Disputes pertaining to Salary Rates. Claims and dis-
putes pertaining to salary rates or to classifications of architects, drafts-
men, technical engineers, and technicians Performing work under this Contract
shall be a anptty reported in writing by the Covul[ant to the Municipality
for the latter's decision which shall be final asmlwith respect he Manic
tract. RtheEConsul Calqual c sent Opportunity. During the parse and man of this Con-
grees as follows:
a. The Consultant will not discriminate against any employee o
applicant for employment because of race, taloa, religion, s
national origin. The Consultant will take ffirmative ex
action to e Nat applicants are employed, and that
employees Ire treated during employment, without regard to
their race, color, religion, sex or national origin Such
action shall include, but Fiat be limited tO, the following:
emPoynenc, upgrading, demotion, of transfer; recruitment Or
recruitment advertising; layoff at teredletion: rates of pay
iother farms of compensation. and selection for training,
ncluding apprenticeship. The COnsultant agrees to Past in
conspicuous Places, available to employees and applicants
for employment, notices to be Provid d by the Municipality
setting forth the provisions of this nondiscrimination
clause.
I. The Consultant will, in all solicitations or advertisements
for employee.•, Placed by or an buhalf of the Consultant, state
that all qualified applicants will receive consideration for
aill'onational Ymenwithout regard to race, color, religion, se
Origin.
C. The Consultant will cause the foregoing provisions to be in-
serted in all subcontracts for any work covered by this Con-
tract sothat such Provisions will be binding upon each
subcontractor.
9. Discrimination Because of Certain labor Matters. No person
employed on the perk covered by this Contract shall be discharged Or in
any 1dv sty utetldiscor riminated against because he bas filed any complaint or in -
It
o be instituted any proceedings or has testified o
`cut to testify m'any Proceedings under o relating to the labor [
starmardS applicable hereunder to his employer.
W. Compliance 'dirh Local Lw:: Thr Conelltant sboll
comall s,pbl
d..a Ste
all lav �OillesiCea, and Cudes of too State aryl ocaly•r
goeh _
ce a any public or Private
performing any of the work embraced by this Contract. property
in
11. Subcontracting, Mone of the ss s vices red by this Contract
shall to subcontract ad 'without the priorwritten Consent of the Muni -
C iFal ity, The Consultant shall be as fully responsible to the Municipality
for theazts and o s of his subcontractors, and of Persons either
directivc ildirectivte:mployed by him. Thy Consul tan[ shall insert i
each Subcontract ons o this provisions [eSuiring compliance with the labor
each cde ntractionsrofrchie Contract.
1:. Assignability. The Consultant sholl not assign any interest i
this Contract and sSall net transfer any interest in the same (whether by
assignment or novation) without the, prior written pproval of the
'Murl"Pality: Providd, however, that claims for money due or to become
due the Consultant from the Municipality under this Contract may be assigned
to a Sank, trust [ any, or ocher Financial institution, Or TO a Trustee
in 9ackruptcy, without such approval. Notice of any such assignment o
transfer shall be S-nished promptly to the Municipality. r
13. Interest of Manber of the Municipality, xo member of the govern
-
Ing body of the Munfefpalicy, and n other pebiic official, officer, employee, or agent of tle Municipality who castor
-c- any functions o espoesibilieies
- - connection with the carrying outoftile Community Development flock 'rant
program activity to which this Contract pert'uils, shall have any personal
interest, direct o: indirect, in this Coni -act.
14. Interest
the Congress Ofathe UnitedaStates, and foe hesident Comnissioneer Or r,e1
admitted to any share or part of thistall bio
Contract or to any benefit to arise
hereftom.
15. Interest of Consultant. The Consultant covenants that be presently
has n interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or elegies with the performance of his
services hereunder. The Consultant further covenants that in the performance
of this Contract n person having any such interest shall be employed.
16, dccues t0 Records. The Municii'altty, the Federal granter agency,
the Comptroller General of the United StatesrcP, o any of their duly authorized
: e'v ta[ives shall have access to any Wuks, rdocuments, papers, And re -
the
ortls soE Consultant which tare directly pertinent to this Agreement for
the Cons ultantesof laorryv
3 audit examination excerpts, and transcriptions . The
eserve all such race rdsfor the period identified in the
Community Development Block Grant program regulations,
17. Section 3 Compliance in the Provision of Training, Employment
a:.d Easiness Dppar[unitios.
a. The work+e performed under this Contrast is on a projfrt
as isteel under a program' oroviaing direct Federal financial assist-
ance from tiDepartment e Dartment of Housing S Urban :Development is subject
to therecu'Lement5 Of section 3 of the Housing 6 Urban Development
Act of 1963, as amoruled, 13 U.S.C. 170o. Section 3 requires that
o the greatest extent feasible opportunities for training and
mployment be given lower i residents of the project area
slid contracts for work in connection with the project he awarded
to business concerns
which are located i n
Or owned i substantial
Pitt by peraensresiding in the area of the project.
I. The parties to this Contract will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the
Secrutary ef Housing and Urban Development set forth in 39 CFR
part 135, and all applicable rules and Orders of the Department
issued tnereunder prior to the execution of this Contract. The
Parties to this Contract Certify and agree that they are Under no
u,rl or Other disability which would: prevent them from
complying with Mese -requirements.
C. The contractor will send to each lI, Organi mclass Or'represents-
tive of Workers With which he has' a col active bargaining agreement
said dateer ror
a [act or m -castes IP14. If any, a notice advising the
5Posts °rganivtCWn or rerusesof his c
aide: nsspi ce cion 1 clause antl all post copies of them
for em in conspicuous facttraining.
ava'tabIs to employees and applicants
for employment or training.
d. The Contractor will include this section 1 clause in every sub-
contract for work in con action with the Project and will, at -
direction of the applicant for o cipient of Federal will,
finat
assistance, take aPPropriats actionepursuant W rho subcontract
upon a finding that the subcontractor Ls in violation of cegule-
.ions issued by the Secretary of housing and Urban pevelopnea4
24 CFR Par[ 115. 'fie Contractor will cot subcontract with any
Subcontractor where It hasdo notice or knowledge that the latter
Me been found i violation of regulations under 24 CFA Part 135
first
11 net let rany ni subcontract unless the subcontractor has
Gro[ida 't a preliminary statement COM -01 y wi h thv r auitbments of these of abll ity to
regulations.
30, Flndlnie :;onfiiential. All of the reports, Information, data,
etc., prepared o sConluJ by the Consultant under this Contract a
cent iy individual
all [dua tar organ, agrees that the shall POL
n i dividual o[ orI ra cion withour the Prior writtebe
approval made weft the
city.
or
:9. eopvrighti o report, maps, o Other
in P.atc under this (b,arnct $hall he u;e spdot encs Produced i whale
eopyriq!:t b rile of Lm mn.be ul tall
011 legit of an application f,:r
2di SPteion 501, handicapped
.or HaadicaPped walkers.
(if 52,5Uo or Over). Affirmative Action
a. The Concrac tar will not d' inatc against .any emPloyen o
ppl scant fur empioymon[ becauso of F, sical o mental nand ices In
a�eleplaQ
qa rd to say cm"ton for which tim a ployee oe applicant for
mtinm[nt 1 cwla find, The Contractor agrees to take affirmative
actionmoloy, dvanec En employment an otherwise treat
qua3i fiN F,antlacdppcd indiIII tlIsola of cnout diacrtmination based
upontn..t_ pPollovingsic r menta l hand i<ap in all employment practices
a
:. .p Employment, Upgrading, demotion or crass-
re- ut cnrnq adverttSirg, layoff or tetminatton, races Of
Lay [s° her forms of compensation, and selection for training,
ncludln9 apnrtnttcea iP.
b. The contractor agrees to comply with the rules, regulations,
and artrelavanc orders of the Secretary of labor issued pursuant to
rhe ,
A. In the event of the Contractor's noncompliance with the re-
quirements f this clause, actionsfor noncompliance may be
- - taken in
Accordance with the tulac, regulations, and relevant
orders of the Secretary of Laborissued pursuant to the Act.
d. The Contractor agrees to post inconspicuous places, available
to a ployee$ and applicants for employment, notices i v
be prescribed by the Director, provided by a through a fore Co
Ne ops-
-
tract i he officer. Such sellers shall state the contractor's
obligation Under the law to take of firma tive action and advance i employment n to employ
qualified handicapped ooto
Applicants for employment, and the e P yeeand and
employees. rights of applicants
e. The contractor will notify car" 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 pehabtlitation Act of 1973, and
is COW i cted to take afflmativa aceion to employ and advance in
employment physically and mentally handicapped individuals.
11. Section 401 Veterans of the vieenam Era (if $10.000 or Over).
Affirmative Action for Disabled Veterans and Veterans Of the Vietnam Era.
a. The Contractor will not tlt scrimim ce against any employee o
applicant for employment because he or she is a disabled veteran
Or veteran of the Vietnam era in regard to any position for which
the employee O applicant for employment is qualified. The Con-
tractor liteesrto take affiractive action [O employ, advance in
emplogmnc and otherwise treat qualified disabled veterans and
ns Of the vintners era without discrimination based upon
theiveter disability or veteran status in all employment practices
such as the following. Employment upgrading, demotion or transfer,
ecm
uienc, advertising, layoff "rminatlon, rates of pay
otFar forst of compensation, anor d selection for training, Ln -
eluding apprenticeship.
D. The CanetactOl agrees that all suitable employment openings of
the Contractor which exist at the Lima of the execution of this
Contract and those which.occur during this
of the performance
Contract, including those not genContract of And in-
erated by this m
comr
Cling chose occurring at an As.
ocher t' n the one wherein the Cby
of the Contractor
ontract is being performed but
excluding those of independently Operated mrporatad affiliates,
hall be listed at an appropriate local Office of the State
plolmant service system wherein the opening occurs. The Con-
tractor further agrees to provide such reports to such local
office regarding employment openings and hires as may be required.
of
and local government agenci¢5 holding federal contrecbn
! $10,000 or more shall also list all their suitable Openings
butre at ragY3aea to Pre id lU of b1 taro emploNeene service
but a e
Patagraphs a. and O Brcvide UaAe reports •. forth in
C. Listing of employment Openings with the employment service system
pursuant to this clause shall be made at least a concurrently with
the use of any otdi recrui Client Source or effort and shall in-
lvesche normal obligations whichattacksre the Placing of a
hone fide job Order, including the acceptance of Oeferral, of
vdoes net reuire eterans and nonveterans. The listing of m ant Openings
from any particular¢ hoop o of any particularl
job applicant o
's intended to relieve the conoil i rtfrmes. and notning herein
Executequirements in
eemploytve Orders or reoulatloss regarding nandiseutminatlon in
d. The rePort$ required by Paragraph b. Of this clause shall include,
but
t be limited cd, periodic reports which shall be filed at
quarterly with the approprlaee. local office Oq wAere the
Centra to[ as npr0 [Asn one hiring location in State, with the
central office of Chet State employment c [vice. Such rePert,
shall indicate for eacA Airing lecattdN 11 acne numb¢i oP in-
dividuals Airetl tlu[ing the vapor ctng petlol, 121 tra numpat of
nonaisabletl veterans of thsahle Vie come era ntned, 131 Cha nwMer o£
numberetl veterans of the Vie beam c a hired, and 141 the total
cover¢ of disabled vecerans hired r Tne reports ahOutd include
covered v s hired for an-chc-jab seining under 38 U.S.C.
the]. rho Cen[mccor shall submit a ort within JO lora ager
one era of •sh [elwrt in9 17Period vberei� on Y Performance la made
eros con react identifying d,w foz ¢ach hirfn9 location. The
report$tSo shall matnfain at eacM1 hBtng location roBias of Che
ports submitted un Cil ynenc under [ the expiration Ot one yeas after final
he Contract, tlurinq whbcn time [have reports antl
relatea duramenea tion spall Ge made available, upon request,
for erc,mination by any authorized representatives oP [he Cont[ac[-
i g office- o of the Secretary of tabor. Documentation would
nt lulu personnel re Cords respecting jdG openings restaSWent
antl placement.
Iglenever the Contractor bocomos contractually bound to th¢ listing
Provisions of this clause, it shall advise the employment service
systam in each State where is has establishment, of the na evic
alocation of each hiring location in [ne State. as long as the
dvised th is atecontractuallyssm bound to these provisions and has s
sussed ho Stare system Ne[a is m need to advise the State o
system OF subsequent contracts. The Contractor may advise the
State system viten is is no longer bound by this contract clause.
!. This clause Goes not apply to the listing of employment open-
vn95 which a and are fill eJ outside of the 50 States,
District Of Columbia, pueft0 uIcu Guam the aM the Virgin Islands.
9. The Provisions Of paragraphs b., c., d, and e. of this clause
do net apply m openings which till' Contractor proposes re fill
from vithiv his own organization or fe Pill pursuant to a
customtry and traditional . itional employer -union hiring arracepmeent
This exclusion c • not apply to particular g
once employer decides o to Consider applicants Outside pofihis o
wn
Organization O: emPlOYer-unial arrangement for that opening•
Is. As used in this clausal (1) "All suitable employment openings'•
includes, but is not limited to, openings wbicM1 occur in the
following job categories, Production and nonproduction; plant
arxi office; laWrers and aecbanics; uupOrvisory and nonsuporvisory;
technical; and executive, ads! nis t:.1 five, atm Profess open-
lomat
ings a compensated On a salary basis of bass than $ional per
Year'. This term incl odes full time aspic less, temporary employ -
men,
of mor
a cban three tlaYe' dura cion, and Part time employment.
It Eae 5 net include openings which the Contractor proposes to
III r u-; within hie own organization or re fill Pursuant to a
cuss
Oustomary, slid traditional eni;loye:-union hiring arrangement nor
Openings in an educational institution which are restricted to
students of that institution. Under the mase compelling c
LoPloYment aManin9 may not be Suitable for listing,
incst o neeluding sSuch Situations here the needs of the gover,wenb rennet
acably be Otherwise suoplied, listing where listing would be contrary
toL
national security, or. where the requirement of sting mould
Otheav'is0 'lot he far the best isU.rest of theernm
goo enc.
the local aipic PofathOff
ffice Of the Ste employment service system' means
effices l of assigned geed r State national system of public employment
s eeponsibiti[y, for serving the area where the employ-
ment opening to ba filled, including the District of Columbia, Guam, Puerto
Rico, and the Virgin islands
"C -en wbicll the Contractor Proposes to fill from within his
Own organization,- employment openings' fur which me Gensideration will
be given to PercOnsoutside the Contractor's organization (including any
affiliates, $ateldiariez, and the Parent cemp.anies(
which the Contractor P and includes any openings
.es to fill from regularly established "recall"
rScall"
'Oeenings which the Contractor proposes
cos tto fill pursuant to a
<mary and c: adi C..nal employer -union hiring arrangement- mesas employment
cpenings which Ne Contractor proposes to fill from union halls, which is
Part of No customary and traditional hiring relationship which exists
between the Cantnctor and representatives of his employees.
I. The Contractor agrees
es to comply with the rules, regulations, and
relevant trusts of the Secretary of Labor
act. issued pursuant to the
i. In theevent of the contractor's noncompliance with the regales.
. menta of this clause, actions for noncompliance may be taken in
accordance with the rules, regulations, and relevant orders of
thesecretary of labor issued pursuant to the act,
a e Contractor agrees to post i nspicuous places, available
eCPloyees and applicant for emelaymsnd, aotices in a form me
btoe Prescribed by the Director, or vided by or through the
out roc ti ng office[. Such noticeshallstate the ContractoYe
Obligation under the lav to take affirmative action be employ
and advance in employment qualified disabled veterans and veterans
of tF3
Vietnam era for employment. an
of.- WIP.
d the rights of applicants
1. The Contractor will notify each labor union or representative of
workers
contract wunderstan1dingit l'athat ltbe tCentive ractorn15 houMebynthe orEdof the Vietnam Era Veterans Readlu5lment Assistance Act, and two
In
t b
committed co ke affirmative actors to employ and advance in
employment qualified disabled vt-cram and veterans of the
vietnom Fra.
a. The Contractor will include tic provisions of this clause In every
subcontract or purchase order of 110,000 o more unless exempted
aY Nies, regulation, or ufde[s or the Secretary issued pursuant
o the Actcntracfor o O
s that such provtsi ons will be binding upon each sab-
cor vendor. The contractor will take such action with
respect to any Ea centract or purchase order a$ the Director of
the office or Federal Contract compliance Programs enforce such provisions, including actors ec[ to
for gun3 s mmaay y ditdin.
=•. General. The Com;ulcant shall cwnply with all the requirements
binding open nt and
icipality as part of the community oteeloprent Block
Gran[ Agreement amanfound in the federal Regulations, 24 CFR Part 5]0. The
Consul cant still mal found
all records identified therein, and make chem
available to the rwnicipality and the Secretary of HUD.
23. Provisions Required by Law Deemed Inserted, Each and
every provision of law and clause required by law to be inserted
in this contract shall be dcegmd to be inserted herein and the
contract shall be read and enforced as though it were included
herein, and If through mistake or otherwise any such provision
is not inserted, or is not correctly inserted, then upon the
application o£ either party the contract shall forthwith be
physically amended to make such insertion or correction.
24. Amendment to Paragraph No. 0 herein. Subparagraph (c)
shall be deleted iron Paragraph No. d and the Following shall be
added to Paragraph No. a as subparagraphs (c) through (g);
C. The Consultant will send to each labor union or repre-
sentative of workers with which he has a collective
bargaining agreement or other contract or understanding,
a notice to be provided by the Department's contracting
Office, advising the labor union or workers' repre-
sentative of the Consultant'u commitmentsunder section
202 of Executive Older 11246 of September 24, 1.965, and
shall post copies of the notice in conspicuous places
available to employees and 'applicants for employment.
d. The Consultant 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 tabor.
e. The Consultant will furnish all information and reports
required by Execution Order 11.246 of September 24, 1965,
and by the rules, n'egulatimbs, and orders of the
Secretary of Labor, or pursuant thereto, and will
Permit access to his books, records, and accounts by
the Department and the Secretary of Labor for Purposes
of investigation to ascertain compliance with such rules,
regulations, and orders.
f. Inn
the event
of
fthe Collsoli'.ant'a noncompliance with
tile Of
any of such rules. regulations or orders, this Contract
May be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible £er
further Government contracts in accordance with procedures
authorized in rxecutive order 11246 of September 24, 1965,
and such other sanctions may be imposed and ramedies
invoked no provided i.n Ibzocntive Order 11246 of September
2a, 1966, or by rule, regulation, or order of the Secretary
Of Labor, or as otherwise provided by law.
9. The consultant will include the provisions of paragraphs
(a) through (g) in every subcontract or purchase order
unless exempted by rules, regulation. or orders of the
Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor
or vendor. The Consultant will take such action with
reent
respect
to any subcontract or purchase order as the
may direct as a means Of enforcing such
Previsions including sanctions for noncompliance, provided,
eL
hos thnc in the event the Consultant becomes involved
In, o is threatened with, litigation with a subcontractor
or ueniior as a result of such direction by the Department,
theConsultant may request the United States to enter
into such litigation to protect the interests of the
United States.