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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.