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

have the right, by prior written notice, to terminate the ATTORNEY' s employment hereunder and cancel this CONTRACT and have the work called for hereby otherwise performed, without prejudice to any other rights or remedies of the LOCAL PUBLIC AGENCY. The LOCAL PUBLIC AGENCY shall have the benefit of such work as may have been 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 shall be an equitable adjust- ment of compensation.  page 3 AGREEMENT & CONTRACT/ ATTORNEY IX. CANCELLATION. Irrespective of any default hereunder, the LOCAL PUBLIC AGENCY may also, at any time at its discretion, terminate the ATTORNEY' s employment hereunder and cancel the CONTRACT, in whole or in part, and in such event, the ATTORNEY shall be entitled to receive compensation as specified herein for all work completed and accepted prior to such termination or can- cellation, and in addition an equitable adjustment shall be made, as compensation for any substantial amount of work or service performed by the ATTORNEY to the date of such termination or cancellation, but not accepted by the LOCAL PUBLIC AGENCY. X. ASSIGNMENT OF ATTORNEY. The ATTORNEY' s obligation and duties under this CONTRACT shall not be assigned in whole or in part unless previously requested by the ATTORNEY in writing, stating the reason for the request and subsequent approval by the LOCAL PUBLIC AGENCY. This shall not prohibit the assignment of the proceeds due hereunder to a bank or financial institution. This CONTRACT may be assigned by the LOCAL PUBLIC AGENCY to any corpo- ration, agency, or instrumentality authorized to accept such assignment. XI. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this CONTRACT, the ATTORNEY further agrees as follows: A. The ATTORNEY will not discriminate against any em- ployee or applicant for employment because of age, race, color, religion, sex ' or national origin. The ATTORNEY will take affirma- em;;:"-' tive' action to ensure applicants are employed, and that tbat during. without regard to their uploye .s . are ~ reated--:,.employment, age, race, 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 adver- tising, layoff or termination, rates of payor other forms of com- pensation, and selection for training, including apprenticeship. The ATTORNEY agrees to post in conspicuous places, available to f employees and applicants for employment, notices to be provided by the LOCAL PUBLIC AGENCY setting forth the provisions of this non- di~crimination clause. B. The ATTORNEY will, in all solicitations or advertise- ments employees placed by or on behalf of the ATTORNEY, state for that all qualified applicants will receive consideration for em- ployment without ~ egard to age, race, color, religion or national origin. XII. OFFICIALS NOT TO BENEFIT. No member of or delegate to the Congress or Resident United States of Commissioner of the America, or its political sub- divisions, shall be admitted to any share or part of this CONTRACT or to any benefit to arise there- from. XIII. INTEREST BY MEMBERS OF LOCAL PUBLIC AGENCY. No mem- ber, 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 ATTORNEY. The ATTORNEY covenants that he presently has no interest and shall not acquire any interest, direct or indirect, the above described project or any in parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. xv. ASSURANCE OF COMPLIANCE. ( SECTION 3, HUD ACT OF 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS. project assisted under this CONTRACT is subject A. The to requirements of SECTION 3 of the Housing and Urban Develop- the ment Act of 1968, as amended, 12 U. S. C. 170u. SECTION 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in conncetion with the project, be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. page 4 AGREEMENT & CONTRACT/ ATTORNEY B. Notwithstanding other provision of this CONTRACT, any the ATTORNEY 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 292220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this CONTRACT. The requirements of said regulations include but are not limited to, development and implementation of an affirmative action plan for utilizing 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 ATTORNEY certifies and agrees that he is under no contractual or other disability which would prevent him from complying with these requirements. C. SECTION 3, Compliance with the provisions of the set forth 135, and in all 24 applicable CFR Partrules regulations and orders of the Secretary issued thereunder to approval by the Government of the application for this CONTRACT, shall be a condition of the Federal financial assistance provided to the project, binding upon the ATTORNEY, his successors and assigns. Failure to fulfill these requirements shall subject the ATTORNEY, his contractors and rs',' and- assignees to the subcontractorsi" M-g, succes'so- sanctions--,.-~':-"-"."" c- specified by this CONTRACT, , and to such sanctions as are specified by 24 CFR SECTION 135. 135. D. Additionally, the ATTORNEY agrees and assures the LOCAL PUBLIC AGENCY that all activities covered under this CONTRACT will be conducted in accordance with regulations pursuan~, to TITLE I of the Housing and Community Development Act of 1974 as .~ mended, including 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 11246 and 11063 and SECTION 3 of the Housing and Urban Act of 1968 as they apply through SECTION 570. 303 Development e) ( 1) . IN WITNESS WHEREOF, the LOCAL PUBLIC AGENCY and the ATTORNEY have executed this AGREEMENT and CONTRACT as of the date first above written. CITY OF FORT WALTON BEACH by k~~ City Manager yZ A?4. / J, c?~ City Clerk ' WITNESS: ith Att ney at Law P. O. Box 2379 Fort Walton Beach, FL 32548  AGREEMENT and CONTRACT THIS AGREEMENT and CONTRACT for professional services entered into as of this ~ day of ~~ . 1980, by and between the CITY of FORT WALTON BEACH, 0 OOSA COUNTY, STATE of FLORIDA, hereinafter referred to as the " LOCAL PUBLIC AGENCY" and FORT WALTON ABSTRACT and TITLE COMPANY of the CITY of FORT WALTON BEACH, OKALOOSA COUNTY, STATE of FLORIDA, hereinafter referred to as the " TITLE COMPANY." WITNESSETH THAT: WHEREAS, the LOCAL PUBLIC AGENCY has entered into a Community Development Grant Agreement under Title I of the Housing and Community Act of 1974 as amended with the United States