Fort Walton Beach Resolution — 80-21-Rehab of Butler Terrace Contracts — reading text

completed up to the time of such termination or "cancellation, and with respect to any" part which shall have been delivered to and accepted by the LOCAL PUBLIC AGENCY there shall be I an equitable adjustment of compensation. IX. CANCELLATION. Irrespective of any default hereunder, the LOCAL PUBLIC AGENCY may also, at any time at its discretion, terminate the APPRAISER~ s employment hereunder and cancel the CON- TRACT, in whole or in part, and in such event, the APPRAISER shall be entitled to receive compensation as specified herein for all work completed and accepted prior to such termination. ' X. ASSIGNMENT OF APPRAISER. The APPRAISER' s obligation and duties under this CONTRACT shall not be assigned in whole or in part unless previously requested by the APPRAISER in writing stating the reason for the request and subsequent approval by the LOCAL PUBLIC AGENCY. This shall not prohibit the assignment of the pro- ceeds due hereunder to a bank or financial institution. This CON- TRACT may be assigned by the LOCAL PUBLIC AGENCY to any corporation, agency, or instrumentality authorized to accept such assignment. XI. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this CONTRACT, the APPRAISER further agrees as follows: A. The APPRAISER will not discriminate against any effi- plouee or applicant for employment because of age" race, color, re- ligion, sex or national origin. The APPRAISER will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their age, color, religion, sex or national origin. Such actions shall include, but are not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or ter- mination, rates of pay or othe~ forms of compensation, and selection for training, including appren~ iceship. The APPRAISER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the LOCAL PUBLIC AGENCY, setting forth the provisions of this non- discrimination clause. B. The APPRAISER will, in all solicitations or advertise- ments for employees placed by or on behalf of the APPRAISER, state that all qualified applicants will receive consideration for em- O-,:"~', . .: 1~>~'.' M. .'-:.-. .- . _~_ ~_'___~__.~.__'_.'_',,__ _'_'_~______--;-__'_"..__~_~:-::.'_"' > 0_.._ 7--.  page 4, _:.~ AGREEMENT & CONTRACT, _ .. t? P~ I. 5ER ployment without regard to age, race, color, religion or national origin. XII. OFFICIALS NOT TO BENEFIT., No member of or delegate to the Congress Resident Commissioner of the United States of America, or or its political subdivisions, shall be admitted to any share or part of this CONTRACT or to any benefit to arise therefrom. XIII. INTEREST BY MEMBERS OF LOCAL PUBLIC AGENCY. No , member, officer: or employee of the LOCAL PUBLIC AGENCY during his/her, tenure of office or for one year ' thereafter shall have any interest, direct or indirect, in this CONTRACT or the proceeds thereof. XIV. INTEREST OF APPRAISER. The APPRAISER covenants that he/ she presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any par- cels therein o~ any other interests, which would conflict in any manner or degree with the performance of his/ her services hereunder. XV . ASSURANCE OF COMPLIANCE. ( SECTION 3, BUD ACT OF 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSIN~ SSES AND LOWER INCOME PERSONS. A. , The project assisted' under this CONTRACT is sUbject to the of SECTION 3 of the Housing and Urban Develop- requirements ment Act of 1968, as amended, 12 U. -' 5. C. 170u.. SECTION 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to busipess concerns which are located in or ,owned in substantial part by persons res1ding in the area of the project. B. Notwithstanding any other provision of this CONTRACT, the APPRAISER shall carry out the provisions of said SECTION 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 ( published in 38 Federal Register 29229, Octo~ r 23, 1973), and all applicable rules and orders of the Secretary L issued thereunder prior to the execution of this CONTRACT. The re- quirements of said regulations include but are not limited to, de- velopment and implementation of an affirmative action plan for uti- lizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment: and business opportunities required by SECTION 3: and incorporation of the SECTION 3 Clause, specified by SECTION 135. 20( b) of the regulations in all contracts for work in connection with the project. The APPRAISER certifies and agrees that he/ she is under no contractual or other disability which' would prevent him/ her from complying with these requirements. ~ . C. Compliance with the provisions of SECTION' 3, the regulations set. forth 135, and all in 24 applicable rules CFR Part and orders of the Secretary issued thereunder prior to approval by . the Government of the application for this CONTRACT, shall be a con- dition of the Federal financial assistance provided to the project binding ~ pon the APPRAISER, his/ her successors and assigns. Failure to fullfill these requirements shall subject the APPRAISER, his/ her contractors and subcontractors, his/ her successors, and assigns to the sanctions specified by the CONTRACT, and to such sanctions as are specified by 24 CFR SECTION 135. 135. D. the APPRAISER agrees and assures the Additionally, LOCAL PUBLIC all activities covered under this CONTIL~CT AGENCY that will be conducted in accordance with regulations pursuant to Title I of the Housing and Community Development Act of 1974 as amended; in- cluding, but not limited to, the applicable sections of SECTION 109 of the Act ( the non- discrimination clause), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Orders l1246 and 11063 and SECTION 3 of the Housing and Urban Development Act of 1968 as they apply through SECTION 570. 303 3) ( 1). 1/ ";.,.~~;.."';~.., -< : i >-' -: i.~':::~_ C,..;~.: ~. 1" t~:~.~~ r ~ f :"_~ If.' c,;.._ l...:;.~ ::~ 11.:.',~~.~."".. r.:~"'::.~ t; i..