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Home My WebLink AboutRES 22-163RESOLUTION NO. 22-163 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute a Contract with Public Management, of Cleveland, Texas, for Professional Administration Services relating to the Texas General Land Office (GLO), Community Development Block Grant - Disaster Recovery (CDBG-DR) Program. The meeting at which this resolution was approved was in all things conducted in+ strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2022. gfiAJ�.� - Mayor Robin Mouton - ATTN: Michael Migaud Via Email: mmi 4aud04Publi*cmgt.coi'n Project Manager No. of Pages: 17 Public Management, Inc. PO Box 1827 Cleveland, TX 77328 RE: City of B,eaumoRequest for Proposals, RFP No.: W 522-15 for Administration Professional Services Please be advised your company has been awarded the above referenced contract with the City of 0 * Beaumont. The provisions and requirements of the agreement are stated in RFP No. PW0522-15. The details including pricing, are provictect on the following pages., 0 DATE RFP AWARDED. June 28, 2022 (Resolution No. 22-163) CONTRACT'BEGINS, June 29, 2022 CON TRACTENDS: Upon Completion of Project All orders shall be accompanied by a Purchase Order number. The Purchase Order number must appear on all delivery tickets and invoices. Payment by City to Vendor shall, oe made in accordance with the requirement of Texas Government Code §2251.021. If you need any further information, please contact the Public Work-s Department at (409)1880-3725. 7)UBLIC WORKS T409.880.3725 F 409.880.3732 PO, Box 38271 Beaumont, TX 77704 801 Main St. 12 ND Floor I Beaumont, TX 77701 beau!monttexas.gov WON PUBLIC MANAGEMENT ESM1982 This contract ("Contract�") i's made and entered effective June 29 1 20122 by and between PIUBLIC MANAGEMENT, INC.,, a Texas corporation, of Houston, Harn I s County, Texas ("Consultant") and the ' CITY OF BEAUMONT, ("Client") for thile purpose of retaining Consultant to render Application Preparation and Administration Services to the Clientforthe Community Development Block Grant — Disaster Recovery (CDBG-DR) 2019 Disasters Program associated with Troplical Storm Imeilda (DR- 4466), administered by the Texas Gen�eraill Land Office (GLO) Client and Consultant agree that Consultant will provide services to Client on the terms and conditions outlined in this Contract. L Consultant will prolvide ent with administrative services as follows: _pparation: The Consultant will prepare the application as, directed by the Client to apply for available funding sources adherent to the state and federal agencies guidelines. The Consultant will coordinate all activities and other service providers with regard' to the preparation of the application, including, but not limited to: • Review of proposed project for program compliance and will work with Client staff to provide an overview; • Advise on important deadlines and procedures; • Schedule project meetings with client staff to evaluate proposed project andtimeframes,. • Prepare project description in conjunction with staff and project e riginee r; Evaluate project objective and develop timelines/mileston,es,; Prepare project maps in ArcGIS and PDFfoirmat; • Prepare necessary preliminary Environmental Compliance documentation; • Conduct public hearings (as applicable) for application submission and attend Client meeting to address application development; • Package complete application with all pertinent suppilemental documentation for client to review prior to submission; 0 Identify and document beneficiaries; • Advise client on funding availability, anticipated scoring, selection and award process. Administrative Duties.- The Consultant will coordinate, as necessary, between Client and any other appropriate service providers (Le. Engineer, Environmental, etc.), contractor, subcontract and/or administrative agency to effectuate the services, requested. • Oversee the project and achieve all of the project goals within the constraints given by the funding agency; • Develop and implement project phases to plan, budget, oversee, and document all aspects of the specific project; • Coordinate all activities related' to the project's successful completion with all other professionals and organizations associated with this, project. Public Management, Inc. Administrative Services 1 ll I PUBLIC IN MANAGEMENT EST.1982 Recordkee a n - The Consultant will assist the Client with maintaining all records generated by the program. This includes all records required by the funding agency and the Client (i.e.. program management records). • Complete filing. system will be developed and maintained at Client's office; • Both physical and electronic form of records will' be developed and access,ible, i 0 Records will be updated as necessary to ensure compliance with funding source and administrative agency; • Records will be retained for the appropriate period of time as dictated by the funding agency, with electronic records available for perpetuity. Hnanc.ial Man I _P agement: The Consultant will assist the Client in Keeping the general journal, general ledger, cash receipts journal and all other necessary financial documents, as well as monitor the Client's financial syste m. • Utilize and assist with the agency's system of record to complete milestones, submit documentation,, reports, draws, change requests, etc.; • Request fund expenditure in -line with, project milestones; • Develop a detailedContract Ledger; • Establish, a filing system that accurately and compiletely reflects the financial expenditures of the program and projects). • Keep track of disbursement of funds and ensure that the vendors are paid within the req,uired timeframe set out by the funding agency. ConstrLiCtion Managegym: nt: The Consultant will coordinate and supervise the project to ensure designated activities are realizing the intended outcomes as stated in contract documents. We will oversee specialized contractors and other personnel and allocate necessary resources. • Assist the Client in submitting/setting up project applications in the Agency's system, of record-, • Coordinate the development, completion, and execution of contract documents to ensure supporting documentation is in order; • Conduct regular on -site visitations and assessments; • Development and maintenance of coinstruction management status log; Recommendation and development of scope realignm�ents as prescribed by the project's complexities. Administr,ative Duties: The Consultant will work with the Client's staff to provide the necessary administrative and planning services to see the project to completion. The Consultant will meet with officials on a regular basis to, review progress on the objectives of the project and then take actions to see that those objectives are met. • Act as the Client's liaison to the funding agency in all matters concerning the project; • Colord'inate communication via email, conference call, facsimile, and direct meetings to ensure the project is on schedule and all parties are properly informed; • Prepare and submit any necessary reports required by the funding agency during the course of the project (i.e. Month ly/Quarterly Progress Reports, Project Monitoring Reports,, Project Completion Reports, etc.); Public Management, Inc. Administrative Services 2 .111 PUBLIC RUN MANAGEMENT EST.1982 • Provide Client staff specific instructions on the necessary administrative procedures that will assure a successful project; • Establish and maintain record keeping systems; • Assist with resolving monitoring and auditfin,dings. qp AM a A a. it '0 4a • Coordinate property appraisals ai,nd determine just compensatiow I • Ensure e�asemient/right of way boundaries are in line with propoised project andsurvey; Completion and/or file closure of acquired property. I i .0 a « 1 4 a 4win 1 a As Ali I f All rr a W W W 6 W W a W W V W Ab M a 'Amb W 0 a JL11 I I I K-W • Conduct site -visits as necessary to ensure environmental compliance; • Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies, and/or comments from public or private entities during public comment period; • Provide documentation of clearance foir Parties Known to; be Interested as required by 24 CFI 58.43; Advise and complete environmental re-evaluations, per 24 CFI 58.47 when evidence of further clearance or assessment is required; Assist in compliance with flood plain and wetlands management reviewguidelines; Not included in this service are archeological, engineering, or other special service costs mandated by environmental review record compliance agencies. Public Management, Inc. Administrative Services 3 PiUBLIC MANAGEMENT ESTA982 Clvil_fthts Re ents- The Consultant will struct�ure the program so that all procurement procedures, contracts, and polices will be in accordance with state a nicl federal regulations associated th 'eretoi. Ensure that the contractoirs make affirmative efforts to employ Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises. • Set up Civil Rights & Citizen Participation File; • Designate a Civil Rights Officer (CRo}; • Adopt policies and grievance procedures regarding Citizen Participation, • Adopt Policies and Pass Res,olutioni/Proiclamation/Ordinanc,es regarding Civil Rights; • Publish Citizen Participation and Civil Rights Notices; 0 Place necessary clocumentation in Bid Packets forC'ontriactors; 0 Include required clauses In Construction Contracts bieitween Grant Reent and Contractor; 0 Take action to, Affirmatively Further Fair Housing; 0 The Consultant will be dent and consistent in implementing the project s civil rights I responsibilities and will undertake further action and reporting requiremenitsi. P1`0CUrernen�/q:iMqg' Corttra tin - Procurement is the process through which an entity obtains goods and sieirvices from vendors. 'The Consultant will assist the Client i'n following approlpriate procurement procedures to obtain professional and construction services necessary to complete the project. Provide assistance to ensure coimplianice with Local Government Code Chapter 252 as applicable to goods and services; Provide assistance to ensure compliance with 2, CPR 200.,320 (Methods of Procurement to be Followed). Labor Standards Mlonitorlig: The Consultant will ensure that all labor standards, laws and regulations are observed during the course of the project. The Consultant will structure the program so that all pirocurement procedures and contracts will meet equal opportunity requirements. The Consultant will also ensure that the contractors make affirmative efforts to employ minority persons and minority subcontractors. Ensure compliance with laws regarding Labor Standards, which include: • Davis -Bacon Act (40 USC Chapter 31, Subchapter IV); • Contract Work Hours & Safety Standards Act (CWH SA); • Copeland (Anti -Kickback) Act (18 USC 8,74; 40, USC3145); • Fair Labor Standards Act. F'olrce Account._.(q�_�,p : The Consultant will assist the Client in preparing force accoun-11 documientati'on for the project, if necessary, and will consolidate this information for suitable prieseintation I to funding agen,cy., • Develop and maintain documentation of all assoici'ateid costs; • Using a�ppropriate recordkeeipi'ng forms required by fundingagency; • Su�bmit documentation upon; coon of necessary milestones. Contract Close-out Assista, nice.- The C�oinsultant will preipare a�ny niecessary reports required by the fuln�ding agency to close out the project., The Consultant wil�l work with the Client in preiparin�g the annual audits and necessary actionsi to ensure the project reaches the "Administratively Closed" status. • Ensure projects outcomes are in line with contract documents and funding agency's goals and objectives; • Ensiu�re project beneficiaries are a�pproipriately documented and reported; Pubilic Management,, Inc. Administrative Services 4 PUBLIC 111'OPM MANAGEMENT E�ST.1982 Develop, complete, a,nd submit project completion report(s) and any other necessary I a,dmin,istrative completion documents. It i's speci'fically agreed and understood that Consultant will not provide either plersonal�ly or by contract any professional or technical servi'ces, requiring a license by the State of Texas in any phase or aspect of the foregoing. Rather, Con�su�il't�ant will advise Client of the need of such services in furtherance of the pilanned objectives of Client's Program. Client acl<nowledges that Consult�an' it is providing Administrative Services only to Client and that Consultant is not respoinsiible for any procurement activities for oir on behalf of the Client. That is, Client, not Consultant, will advertise for and procure the services of any third party required to fulfill Program requirements., By way of exampile only, Client, not Consultant, must timely and properly poist any advertisements, necessary to fuilfill Program requirements and Client, not Coinsultant,, will enter i�n�to any required contracts with t�hiird parties neceissa�ry to fulfill Program, requirements. Client Initials Consultant Initials Consultant hereby agrees that in the implementation of th ' is Contract, Consultant will comply with the termsi and conditions of Attachment III, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatimi. Client is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. am It is agreed by the parties hereto that Consultant will, in the disch�arge of services h�erei'n,, be considered as an Independent Contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultant's fees under the Procurement Standards of Title 2 CN P,?,rt 200. For work associiated to Commiunity Development Block Grant — Disaster Recovery (CDBG-DR) and in coinsidera:tion of the foregoing, Client agrees to pay C�oinsultant a fee not to exceed ZERO DOLLARS for Application Preparation Services. For work associated to Community Development Block Gral nt — Diisaster Recovery (CDBG-DR) and in considera�t�ion of the foregoing, Client agrees to piaiy C,ons,ul�tanit a, fee not to exceed the maximurn percentage on the table fib. el�ow for Administrative Services. The fee will be biased on final grant award amount. Consultant reserves the right to renlegioitiate fees based on the type of project beingpursued: Public Management, Inc. Administrative Services 5 .�1] MON PUBLIC MANAGEMENT EST.1982 ARMS= CDBG-DR1 Grant Amount Percenta e Factor .. . ... . ........ . .... . . . . ............ - Fee Not to Exceed . . . . . . . . . ..... .. . ....... .. .. .... $250,000 - $499.,999.99 $72.,500.0,# $500.,000 - 999.99 ...... . . ... . . . . . ...... .... 750,,000 -000. 00 . ..... .. . .......... ... . ......... . . - . . .......... . . ...... .. . . . ..... .. .. . ....... . ... .... $86f $95,000.01, M- It is agreed that upon cletermination of total fun�d�ing requeist amount Consultant and Client wi'll execute the Work Aut�hoirli'zation (Att�al chment 1) that will detail final coin�tract amount and cost for services. It is also agreed that piayme�nts to such Consultant shall be subject to, adjustment where monitoring reviews or audits by the agen�cy indicate that perisional services were compensated at greater Vilan reasona�ble rates. Services thiat fal�l outside the regular scope and/or are not part of the proposed scope will be billed 5 1 Sch a�c�cording to the hourly rate and fee schedule defined in Corporate Hourly Rate and Fee e . dule (Attachment 11). Prior to Consultant performing any services which are not part of the proposed scope, Consultantshallsubmit to Client, perparagraph of this contract, a projected hourly schedule andprojected toltalfe,e for approval. IMM Payment of the feeis associated with ("Part! V. and VI."') - Payment Schedule of this Agreement — shall be contingent upon fu�nding award. in the event that grant funds are not awarded to the Client this agreemein�t shal�l be terminated by the Client., For purposes of this Contract, the Mayor or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for Consultant. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. UO This Contract shall extend and be in full force until the Program has been fully cloised out by th .?genc�y. Notwit�h�standin�g the foregoing, this Contract mlay be terminated by Consultant, with or with�oiu C-ause, on forty-five (45) days' written notice to Client. 0 U Termination for Cause by Client: if Consultant falls to fulfill in a timely and proper manner its obligations under this Con�tr�act, or if Consultant violates any of the covenants, conclitions, contracts, or stipulations; of this Contract, Client shall have the right to termin�ate this Contract by giving written notice to Consultant oe date thereof, which sha�ll be at least five (5) dIys before the effective date of such teration. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, moidels, photographs and reports prepared Public Management, Inc. Administrative Services 6 MR10110111 i PUBLIC MANAGEMENT ESTA982 if; 114111Zi =111" I by Consultant pursuant to this Contract sha�ll, at the option of Client, be turned over to Client and become the property of Client. In the event of termination for cause, Consultant shall be entitled to receive reasonable compensation for a,ny necessary services actually and sat�isfactorily performed prior to the date of termination. •d A V w 0 w UP 0 A A A Am Is ar 1P w A disk a ift dF a S Am a 4P a 001 QM Public Management, Inc. Administrative Services 7 OM PUBLIC MANAGEMENT EST.1982 If, by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, then if such party shall give notice and fullparticulars, of such force majeure in writing to the other party withii'n a reason' able time after the occurrence of the eveint or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended duri'ng the continuance of the inability then c�l'ai'm�ed, but for no longer period, and such party shall endeavor to remove or overcome such in�ability with all reasonabile dispatch. The term "force ma�jeure"' as employed herein shall mean acts of God, acts of public enemy, orders of any governmental entity of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasoinabily within the controil of the party claiming such inability. This document embodies the entire Contract between Consultant and Client. C�l�ient may, from time to time,, request changes in the seirvices Consultant will perform under this Contract. Such changes,, including any increase or decrease in the amount of Con,sul'tant'si compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Contract. If a portion of this Contract is illegal or is declared illegal, the validity of the remainder and balance of the Contract will not be affected thereby. Any provision of this Contract which imposes upon Consultant or Client an obligation after termination or expiration of this Contract will survive termination or, expiration of this Contract and be binding on Consultant or Client., QVA No waiver of any provision of thi's Contract will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a contin,uin�g waiver. No waiver will be binding u�nl�ess, executed in writing by the party making the waiver. This Contract wi�ll be governed by and construed in accordance with the laws of the State of Texas. Any di i sput�e betwe;en Consultant and Client related to this contract which Is not resolved through informal discussi I on will be submitted to a mutually a, greeable mediation service or provider. The parties to the media�ti I on shall bea�r the mediat�ion costs eq�ually. This paragrapih does not preclude a party from seeking equitable relief from a court of competent Jurisdiction. Public Management, Inc. Administrative Services 8 MoMER PIU�BLIC MANAGEMENT EST.1982 r14014 The party who prevails in any legal proceeding related to this, contract is entitled to recove reasonabile attorney fees and all costs of such proceeding. I Consulta�n' t and Client, each after consultation with an attorney of its own seliection (which counsel was not directly or ind'irectly identified, suggested, or selected by the other party), both voluntarily waive a trial by j'ury of any issue arising in an action or proceeding betweein the parties or their successors, under or coin�nected with this contract or its provisions., Consultant and Client acknowledge to ea,ch other that Consultant and Client are not in significantly disparate bargaining positions. PIUBLIC 11 r MANAGEMENT FWAISM-111*41.5 c�, Public Man�agement, Inc. Administrative Services 9 1p PUBiLIC MANAGEME T EST.1982 Attaichment I X1 J o r For work associated with City of.Beaumont C'DBG-DR Contract No. XX�-XXX�-XXX-XXXX,, and i consideration of the foregoing, Cliient agrees to pay Consultant a fee not to exceed. The fees are payable upon receipt of invoice from Consultant in accordance with the following schedule for Administrative Services. ..... ...... .. .... . . .... . . .. .. ...... . . .. ...... . ... . ........ . ... GENERAL ADMINISTRATIVE SERVICES . .... . ... ............. .. .... . MILESTONE PERCENTAGE . .. . . . . ................ Kick-off Meeting & Start-up Package Environmental Notice to Proceed . . . .. ............. ....... . ......... .... . .... . . Authority to Use Grant Funds . ............ . ..... '7Bid Advertise . . ................ . .. . . . .... ... Construction Notic�e o Proceed t . .......... . . . .. ..... ... .. .. .......... ...... .......... .... . ....... .. .. .. As-Builts/COCC/FWCR ELM= . ....... . . . . . .. . .......... Subtotal .. . . . ... ..... — ENVIRONMENTAL, SERVICES Environmental Services See Table 1 . . . . ......... ... Siubtotal See Table 1 r. I It is also agreed that payments to such Coinsulta�nt shall be subject to adjustment where monitoring reviews or audits by the c�lient indicate th,at personal serviceisi were complensiated at greater than reasonable rates. U on execution of this, Work Authorization Public Mana ement, Inc. is issued Notice to p 9 Proceed (NTP) for contract start-up documents and the, environmental review Record. PUBLI�C MANAGEMENT P.Oi o BOX 1827 CLEVELAND, TEXAS 77328-1827 PATRICK K. WILTSHIRE CHIEF ELECTED OFFICAL President ATTEST.: Public, Management, Inc. Administrative Services 10 PUBLIC MANAGIEMEN'T EST.1982 Attachment 11 Corporate Hourly Rate & Feie Schedule PUIBLIC MANAGEMENT, INC. 2022 Hourly Rate Prinic�"pial C'onsullta,nt $275.00 HR Senior Consultant $250.00/1-111 Senior Project Manager $225.00/HR -.4 Environmental Specialist $200.00/1-1 R Project Manager $200.00/HR INN GIS Manager $N0iO.OiO/HR I GIS Technician $185.00/1-111 . ............... $170.00/HR ComIa�nce Specialist $125.00/HR • Travel (vehicle miles traveled) at allowable IRS, rate per mile, or at actual out-of-pocket cost. • Actual cost of subsistence and lodging. • Actual cost of long-distance telephone calls, expenses, charges, delivery charges, and postage. • Actual invoiced cost of materials required for the job and used in drafting and allied activities, including printing and reproduction. This rate schedule will be applicable through December 31, 2022. In January, 2023, if increases are necessary due to increases in wages or other salary related costs, the rates shown will be adjusted accordingly. Public Management, Inc. Administrative Services 11 PUBLIC MANAGEMENT EST.1982 ATTACHMENT 111 TERMS AND CONDITIONS WE= During the performance of this Contract, Consultant agrees as follows: (1), The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all clualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin., (3) The Contractor will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has, inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish, information. (4) The contractor will send: to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers" representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 19,65, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish aill information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the, administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance, with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted' construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contraictor will include the portion of the sentence immediately preceding, paragraph (1), and the provisions, of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, 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 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,, That if the applicant so participating is a, State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering, into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties, for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency orthe Secretary of Labor pursuant to Part 11, Subpart D of the Executive, order. In addition, the applicant Public Management, Inc. Administrative Services 12 PUBLIC M A N1 A G, E M E N T ESTA982 agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice, for appropriate legal proceedings. W Subcontracts., Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportunity clause, may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests,, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. (e) Incorporation by operation of the order. Byoperation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. [43 FR 49240, Oct., 20, 1978, as amended at 62 FR 66971,, Dec. 22, 1997; 79 FR 72993, Dec. 9,, 2014; 80 FR 54934, September 11, 2015] Civil Rights Act of 1964 Under Title V1 of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 109 of the Housing and Community Development Act of 19,74 The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974.No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part with funds, made available under this title. � kyj Section 504 Rehabilitation Act of 1973, as Amended The Contractor agrees that no otherwise qualified individual with disabilities shall', solely by reason of his/her disa,bility, be denied the benefits of, or be subjected to dliscriminatio'n, including discrimination in employment, under any program or activity receiving federal financial assistance. IV Age Discrimination Act of 1975 The Contractor shall compily with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis, of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. M "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities (Limited to contracts greater than $100,( 0) a) The work to be performed under this contract is subject to the requirements of section 3 of the Federal Emergency Management Administration Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by FEMA assistance or FEMA-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of FEMA assistance for housing. b), The parties to this contract agree to comply with FEMA's regulations in 24 CFR part 135, which implement section I As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C) The Contractor agrees to send to each labor organization or representative of workers, with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers" representative of the contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number alnd job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin., d) The Contractor agrees to include this section, 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and: agrees to take appropriate action,, as provided in an Publ'ic Management, Inc. Administrative Services 13 U B LI�C MANAGEMENT EST.11982 MENEM= contracting officer. Such notices shall state the contractor's e) applicable provision of the subcontractor ire tide section obligation, under the law to take affirmative action to employ and' 3 clause, upon a finding that the subcontractor is in violation of the advance in employment qualifiedhandicapped employees and regulations in: 24 CFR part 135. The Contractor will not subcontract applicants, for employment, and the rights of applicants and with any subcontractor where the contractor has notice or employees. knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. f) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR pa rt 135., g) Noncompliance with FEMA's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, aind debarment or suspension from future FEMA assisted contracts. h) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to, the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizatioln,s and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). M1 Section 503 of the Rehabilitation Act (the "Act") - Handicapped Affirmative Action, for Handicapped Workers a) Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer,, recruitment, advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) Consultant agrees to, comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c) In the event of Consultant's non-compliance with requirements of this clause, actions for non-compliance may be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d) Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the director, provided by or through the e) Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,, that the contractor is bound by the terms of Section 5013 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f) Consultant will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules,, regulations, or orders of the Secretary Issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Vill. Interest of Members of Client No member of the governing body of Client and no other officer, employee, or agent of Client who exercises any functions or responsibilities in connection with the planning and carrying out of the Program, shall have any personal financial interest, direct or indirect, in this Contract and Consultant shall take reasonably appropriate steps to assure compliance. a Interest of Other Local Public Officials No, member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsiblilities in connections with the planning and carrying out of the Program, shall have any personal financial interest, direct or indirect, in this Contract; and Consultant shall take appropriate steps to assure compliance. *V4 Interest of Consultant and Employees Consultant covenants, that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. M Debarment and Suspension (Executive Orders 12549 and 12689) The Consultant certifies, by entering into this Agreement,, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from oir ineligible for participation in federally - assisted programs under Executive Orders 12549 (1986) and 12689 Public Management, Inc. Administrative Services 14 hiql PUBLIC MANAGEMENT EST.19i82 (1989). The term "principal" for purposes of this Agreement is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive controll over the operations of the Consultant. The Consultant understands that it must not make any award or permit any award (or contract) at any tier to, any party which is, debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." M1 Copyrights and Rights in Data FEMA has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. FEIVIA requirements, Article 45 of the General Conditions to the Contract for Construction (form FEIVIA- 5370) requires that contractors pay all royalties and license fees. All drawings and specifications prepared bythe Design Professional pursuant to this contract will identify any applicable patents to enable the generalcontractor to fulfill the requirements of the construction contract. om Clean Air and Water. (Applicable to contracts in excess of $100,0100 0) Due to 24 CFR 8,5.36(i)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 13,68), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and sub grants of amounts in excess of $100,000. M Energy Efficiency Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6,321 et. seq.). xmffl"'M�] QTJ Retention and Inspection of Records Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by thie Design Professional to the Owner, FEIVIA, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. Al�l required records shall be retained for three years after the Owner or Design Professional and other sub grantees make final payments and all other pending matters are closed. Public Management, Inc. Administrative Services 15