HomeMy WebLinkAboutResolution #3941 - contract for professional and technical services with western illinois regional councilRESOLUTION NO. 3 9 41
A RESOLUTION APPROVING A CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES
BETWEEN WESTERN ILLINOIS REGIONAL COUNCIL (WIRC) AND THE CITY OF CANTON AND
DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE
CITY OF CANTON, ILLINOIS.
WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary
and in the best interests of the City of Canton to enter into a contract for professional and technical services
agreement with WIRC to act as the program administrator for a grant the City received from the Illinois
Department of Commerce and Economic Opportunity in an amount of $286,020 to implement asingle-family
owner occupied housing rehabilitation program, as set forth in Exhibit "A" attached hereto and incorporated herein;
and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the
Canton City Council.
2. That the Mayor of the City of Canton, Illinois are hereby authorized and directed to execute said
Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19 day of October
2010 upon a roll call vote as follows:
AYES: Aldermen West, Sarff, Schenck, Reed, Hartford, Pickel, Ellis
NAYS:
ABSENT: Alderman Rivero
O
evin R. Meade, ayor
ATTEST:
--'
Diana Tucker, City Clerk
CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES
PART I
AGREEMENT
THIS AGREEMENT, entered into this day of , by and between the City
of Canton, Fulton County, State of Illinois, (hereinafter called the grantee),•and the Western
Illinois Regional Council, (hereinafter called the Program Administrator) a regional council of
public officials organized and existing pursuant to 50 ILCS 10/1 (1992) (hereinafter referred to
as WIRC):
WITNESSETH THAT: WHEREAS, the grantee desires to implement asingle-family owner
occupied housing rehabilitation program and related activities under the general direction of the
Illalois Department of Commerce and Economic Opportunity (DCEO) Community
Development Assistance Program (CDAP); and
WHEREAS, the grantee desires to engage the WIRC to render certain services in connection
with the prog~•am's administration and implementation,
NOW, THEREFORE BE IT AGREED', by and between the grantee and WIlZC as follows:
1. Scope of Services. The WIRC shall perform various services and tasks as might be
required to assist the grantee in implementing its program responsibilities. All tasks
perfw•med by WIRC shall be in accordance with the rules and regulations as established by
DCEO.
Professional and technical services to be provided to the grantee shall include the following:
a. Completion of all necessary environmental review requirements as required by the State
of Illinois including compliance with federal and state regulations concerning historic
preservation and floodplains.
b. Preparation and maintenance of a financial management system including establishing a
•bookkeeping system, maintaining accurate and complete records of all transactions and
issuing periodic financial reports to the grantee.
c. All phases of program administration necessary to ensure expedient and efficient
implementation of the Community Development Assistance Program, including but not
linited to the following:
1) establish and maintain program files;
2) complete and submit to DCEO the necessary paperwork and financial information
needed prior to project start-up;
3) complete and submit to DCEO the necessary payment vouchers and documentation
needed for payment of program funds by the State of Illinois Comptroller;
4) assist the grantee in completing the necessary paperwork to ensure a grant of
$286,020 from DCEO to the grantee for asingle-family owner occupied housing
rehabilitation project as outlined in the grant award documents as executed between
DCEO and the grantee;
5) Provide marketing of the program which will include:
• Set up and conduct an informational meeting after grant award
announcement;
• Development of brochures and informational sheets; '
• Mail notices of meeting to all households in the target area;
6) Schedule appointments for potential applicants;
7) The Program Adtn~inistrator shall determine eligibility of the applicant based on
documentation provided at the time of the application;
8) The Program Administrator shalt be responsible for assessing the housi~lg units and
preparing the bid specifications;
9) The Program Administrator shall provide to the Homeowner, a list of general
contractors for the purpose of bidding the project.
10) The Program Administrator shall conduct partial and final inspections of the project;
11) The Program Administrator shall be responsible for preparing the following
documents;
• Notice to Proceed;
• Owner-Occupied Rehabilitation Construction Contract; '
• Rehabilitation Program Agreement;
• Pre-Construction Form;
• CDAP Recapture Agreement;
• . H'TF Recapture Agreement; and
• Invoices and CDAP Checks; and
• Prepare all lead documents.
12) The Grantee shall ]zerein assign the Program Administrator the rights to sign program
documents including the Recapture Agreements, which shall be filed with the county
clerk's office. This does not give the Program Administrator the right to sign program
checks. The grantee shall have the responsibility to sign all CDAP checks.
,~
2
13) The Program Administrator shall be the interpreter of the requirements in connection
with the work and shall mediate all claims and disputes between the owner and the
contractor;
d. Monitor the project during its completion to ensure that all federal, state, and local
program regulations are adhered to satisfactorily.
e. Monitor equal opportunity activities of the grantee and any construction company
involved in the project to ensure all federal, state, and local regulations are adhered to
satisfactorily. '
f. If required, ensure compliance with all federal and state labor standards, including but
not limited to, securing employee wage decisions, conducting payroll reviews and
employee interviews, and report on wage compliance.
g. Complete program closeout requirements to include preparation of a Grantee
Performance Report and other DCCA close out materials and assisting as necessary in a
program audit. '
2. Time of Performance. The services of the WIIZC shall commence upon the approval of the
Agreement by the me-nbership of the grantee governing body and the WIRC as executed by
the Executive Director, and shall continue until all items listed as part of the Scope of
Services section are completed.
3. Access to Information. It is agreed that all information data, reports, and records, and maps
as are existing, available, and necessary for the carrying out of the work outlined previously
shall be furnished to WIRC by the grantee and its agencies. No charge will be made to
WIRC for such information and the grantee and its agencies will cooperate with WIRC in
every way possible to facilitate the performance of the work described in the Agreement.
4. Compensation and Method of Payment. The maximum amount of compensation and
reimbursement to be paid hereunder shall not exceed $40,000.00 to be paid as follows:
a. The WIRC shall voucher in the following manner:
Direct labor -include personnel and fringe benefit costs; osta a rintin and
Direct Costs -includes specifically defined costs, such as travel, p g , p $~
third party contractual services;
Indirect Costs -includes office supplies, rent, utilities, and other miscellaneous
expenses billed as a percentage of personnel. •
b. All administrative cost invoices will give a brief description of the activities undertaken
in relation to this agreement.
3
c. The grantee may withhold up to 10 percent of the total contractual obligation from the
final payment until such time as all~program close-out requirements leave been met and
an audit the program funds has been conducted.
5. Prior Performance. The grantee hereby accepts any satisfactory performance pursuant to
the Contract which may have occurred prior to the execution date of this Contract provided
such performance meets with the approval of the grantee.
6. Indemnification. WIRC shall comply with the requirements of all applicable laws, rules
and regulations, and shall exonerate, indemnify, and hold harmless the grantee and its
agency members from and against them; and shall assume fiill responsibility for payments
of federal, state, and local taxes on contributions imposed or required under the Social
Security, Workers' Compensation and income tax laws.
~. Miscellaneous Provisions.
a. This Agreement shall be construed under and in accord with the laws. of the State of
Illinois, and all obligations of the parties created hereunder are performable with the
project area of the grantee.
b. This Agreement shall be binding upon and insure to the benefit of flee parties hereto and
their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceabilityahall not affect ally other provision thereof and this
Agreement shall not be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
d. This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
Terms and Conditions. This Agreement is subject to the provision titled,."Terms and
Conditions" and attached hereto and incorporated by reference herein.
9. Nothing iu this Agreement shall be construed to authorize the provision of legal services by
WIRC.
10. Acceptance of this Agreement confers upon the WIRC the authorization to act as signature
authority on behalf of the recipient.
'~
4
IN WITNESS HEREOF, the parties have hereunto set their hands and/or seals.
By:
Ke m Meade
Mayor
~b~j 5 ~i b
Date
By:
F. Mike Kirby, President
Western Illinois Regional Council
By:
Suzan J. Nash, Executive Director
Western Illinois Regional Council
5
PART II
TERMS AND CONDITIONS
. Termination of Contract for Cause. If, through any cause, WIRC shall fail'to fulfill in
timely and proper manner its obligations under this Contract, or if WIRC shall violate any
of the covenants, agreements or stipulations of this Contract, the grantee shall thereupon
have the right to terminate this Contract by giving written notice to WIRC of such .
termination and specifying the effective date thereof, at least five (5~) days before the
effective date of such termination. In such event, all ftnished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports prepared by WIRC
under this Contract shall,'at the option of the grantee, become its property and WIRC shall
be entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, WIlZC shall not be relieved of liability of the grantee for
damages sustained by the grantee by virtue of any breach of the Contract by WIRC, and the
grantee may witl~liold any payments to WIRC for the purpose of set-off until such time as
the exact amount of damages due the grantee from WIRC is detennined. .
2. Termination for Convenience of the Grantee. The grantee may terminate this Contract at
any time by giving at least ten (10) days notice in writing to the WIRC. If the Contract is
terminated by the grantee as provided herein, WIRC will be paid for the time provided and
expenses incurred up to the termination date. If this Contract is terminated due to the fault
of WIRC, paragraph one hereof relative to termination shall apply.
3. Chan es. The grantee may, fi•om time to time, request changes in the scope of the services
of WIRC to be performed hereunder. Such changes, including any increase or decrease in
the amount of WIRC's compensation, which are mutually agreed upon by and between the
grantee and WIRC, shall be incorporated in written amendments to this Contract.
4. Pers nne .
a. The WIRC represents that it has, or will secure at its own expense, alt personnel
required in performing the services under this Contract. Such persoruiel shall not be
employees of or have any contractual relationship with the grantee.
b. All of the services required hereunder will be performed by WIRC or.under its
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under state and local law to perform such services.
c. Any work or services subcontracted hereunder shall be specified by written contract or
agreement and shall be subject to each provision of the Contract.
5. Assi_ ar- a~~ The WIRC shall not assign any interest on this Contract, and shall not
6
transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the grantee.
6. Reports and Information. The WIRC shall fitrnish the grantee periodic reports pertaining to
the work or services undertaken pursuant to this Contract, the costs and obligations incurred
or to be incurred in connection therewith, and any other matters covered by this Contract.
Records and Audits. The WIRC shall maintain accounts and records, including personnel,
property and financial records adequate to identify and account for all costs pertaining to
the Contract and such other records as may be deemed necessary by thb grantee to assure
proper accounting for all project funds, both state and non-state shares. These records will
be made available for audit purposes to the grantee or any authorized representative to
assure proper accounting for all project funds, both state and non-state shares, and will be
retained for five (5) years after the expiration of this Contract unless permission to destroy
them is granted by the grantee.
8. Compliance with Local Laws. WIRC shall comply with all applicable laws, ordinances, and
codes of the state and local governments.
9. Equal Em~lovment OOpportunity. The WIRC agrees that it will comply with state and
federal civil rights laws together with all requirements mandated by the regulations of the
Department of Housing and Urban Development. No person in the United States shall, on
the grounds of race, religion, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any programs or
activities undertaken by the WIRC. The WIRC further agrees to comply with Executive
Order 11246 as amended and subsequent laws, rules and regulations effectuating same,
which prohibits discrimination because of race, color, religion, sex or national origin and
requires that affirmative action betaken; and will require compliance with the above by its
contractors, subcontractors, vendors, and suppliers with whom the WIRC does business.
The WIltC has aBoard-approved Affirmative Action Plan and takes affirmative action by
recruiting, employing, and promoting protected class members, which include women,
minorities, tl~e handicapped, and veterans.
The WIRC therefore provides opportunities for employment and advancement without
regard for race, color, religion, sex, age, national origin, marital status, unfavorable
discharge from military service (excluding dishonorable) or presence of a mental or
physical handicap which does trot impair ability to perform required tasks. This policy
applies to every aspect of employment including, but not restricted to, recruitment, hiring,
placement, promotion, demotion, salary administration, transfer, training, compensation,
reduction in work force and termination.
10. Interest of Members of the Grantee. No member of the governing body of the grantee, and
no other officer, employee or agetrt of the grantee who exercises any functions or
responsibilities in connection with the planning and carrying out of the program shall have
7
i .)
any personal financial interest, director indirect, in this Contract; and WIRC shall take
appropriate steps to assure compliance.
11. Interest of Other Local Public Officials. No member of the governing body of the locality
and no other public off cial of such locality, 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 WIRC shall take appropriate steps
to assure compliance.
12. Interest of WIRC and Employees. WIRC covenants that it 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 airy manner or degree with the performance of its
service hereunder. WIRC further covenants that in the performance of this Contract, no
person having such interest shall be employed.
8
CONTRACT FOR PROFESSIONAL AND TECHNICAL ~5ERVICES
FART I
AGREEMENT
THIS AGREEMENT, entered into this I ~T~day of Ocr:_ ~n- a , by and between the City
of Canton, Fulton County, State of Illinois, (hereinafter called the grantee),'and the Western
Illinois Regional Council, (hereinafter called the Program Administrator) a regional council of
public officials organized and existing pursuant to 50 ILCS 10/1(1992) (hereinafter referred to
as w1RC>:
WITNESSETH THAT: WHEREAS, the grantee desires to implement asingle-family owner
occupied housing rehabilitation program said related activities under the general direction of the
Illinois Department of Commerce and Economic Opportunity (DCEO) Community
Development Assistance Program (CDAP); and
WHEREAS, the grantee desires to engage the WIRC to render certain services in connection
with the program's administration aiid implementation,
NOW, THEREFORE BE IT AGREED, by and between the grantee and WLRC as follows;
1. Scope of Services. The WIItC shall perform val'ious services and tasks as might be
required to assist the grantee in implementing its program responsibilities. All tasks
performed by WIRC shall be in accordance with the rules and regulations' as established by
DCEO.
Professional and technical services to be provided to the grantee shall include the following:
a. Completion of all necessary envirotunental review requirements as required by the State
of Illinois including compliance with federal and state regulations concerning historic
preservation and floodplains.
b. Preparation and maintenance of a financial management system including establishing a
•bookkeeping system, maintainnig accurate and complete records of all transactions and
issuing periodic financial reports to the grantee.
c.
All phases of program administration necessary to ensure expedient and efficieirt
implementation of the Community Development Assistance Program, including but not
]united to the following:
1) establish and maintain program file
2) complete and submit to DCEO the i
needed prior to project start-up;
3) complete and submit to DCEO the necessary payment vouchers and documentation
needed for payment of program funds by the State of Illinois Comptroller;
4) assist the grantee in completing the necessary paperwork to ensure a grant of
$286,020 from DCEO to the grantee for asingle-family owner occupied housing
rehabilitation project as outlined in the grant award documents as executed between
DCEO and the grantee;
5) Provide marketing of the program which will include:
• Set up and conduct an informational meeting after grant award
announcement;
• Development of brochures and informational sheets;
• Maii notices of meeting to all households in the target area;
6) Schedule appointments for potential applicants;
7) The Program Administrator shall determine eligibility of the applicant based on
documentation provided at the time of the application;
8) The Program Administrator shall be responsible for assessing the housing units and
preparing the bid specifications;
9) The Program Administrator shall provide to the Homeowner, a list of general
contractors for the purpose of bidding the project.
10) The Program Administrator shall conduct partial and final inspections of the project;
11) The Program Administrator shall be responsible for preparing the following
documents;
• Notice to Proceed;
• Owner-Occupied Rehabilitation Construction Contract;
• Rehabilitation Program Agreement;
• Pre-Construction Form; .
• CDAP Recapture Agreement;
• ~ HTF Recapture Agreement; and
• Invoices and CDAP Checks; and '
• Prepare all lead documents.
12) The Grantee shall hereui assign the Program Administrator the rights to sign program
documents including the Recapture Agreements, which shall be filed with the county
clerk's office. This does not give the Program Administrator the right to sign program
checks. The grantee shall have the responsibility to sign all CDAP checks.
2
13) The Program Administrator shall be the interpreter of the requirements in connection
with the work and shall mediate all claims and disputes between the owner and the
contractor;
d. Monitor the project during its completion to ensure that all federal, state, and local
program regulations are adhered to satisfactorily.
e. Monitor equal opportunity activities of the grantee and any construction company
involved in the project to ensure all federal, state, and local regulations are adhered to
satisfactorily.
f. If required, ensure compliance with all federal and state labor standards, including but
not limited to, securing employee wage decisions, conducting payroll reviews and
employee interviews, and report on wage compliance.
g. Complete program closeout regttiretnents to include preparation of a Grantee
Performance Report and other DCCA close out materials and assisting as necessary in a
program audit.
2. Time of Performance. The services of the WIIZC shall commence upon the approval of the
Agreement by the membership of the grantee governing body and the WIRC as executed by
the Executive Director, and shall continue until all items listed as part of the Scope of
Services section are completed.
3. Access to Information. It is agreed that all information data, reports, and records, and maps
as are existing, available, and necessary for the carrying out of the work outlined previously
shall be furnished to WIRC by the grantee and its agencies. No charge will be made to
W1RC for such information and the grantee and its agencies will cooperate with WIRC in
every way possible to facilitate the performance of the work described in the Agreement.
4. Compensation and Method of Pavment. The maximum amount of compensation and
reimbursement to be paid hereunder shall not exceed $40,000.00 to be paid as follows:
a. The WIRC shall voucher in the following manner:
Direct labor -include personnel and fringe benefit costs;
Direct Costs -includes specifically defined costs, such as travel, postage, printing, and
third party contractual services;
Indirect Costs -includes office supplies, rent, utilities, and other miscellaneous
expenses billed as a percentage of personnel.
b. All administrative cost invoices will give a brief description of the activities undertaken
in relation to this agreement. .
3
c. The grantee may withhold up to 10 percent of the total contractual obligation from the
final payment until such tithe as all program close-out requirements Dave been met and
an audit the program funds has been conducted.
5. Prior Performance. The grantee hereby accepts any satisfactory performance pursuant to
the Contract which tnay have occurred prior to the execution date of this Contract provided
such. performance meets with the approval of the grantee.
6. Indemnification. WIRC shall comply with the requirements of all applicable laws, rules
and regulations, and shall exonerate, indemnify, and hold harmless the grantee and its
agency members from and against them, and shall assume full responsibility for payments
of federal, state, and local taxes on contributions imposed or required under the Social
Security, Workers' Compensation and income tax laws.
7. Miscellaneous Provisions.
a. This Agreement shall be construed under and in accord with the laws of the State of
Illinois, and all obligations of the parties created hereunder are performable with the
project area of the grantee.
This Agreement shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, executors, administrator ~, legal representatives, successors and
assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall not be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
8. Terms and Conditions. This Agreement is subject to the provision titled,."Terms and
Conditions" and attached hereto and incorporated by reference herein.
9. Nothing in this Agreement shall be construed to authorize the provision of legal services by
WIRC.
10. Acceptance of this Agreement confers upon the WIRC the authorization to act as signature
authority on behalf of the recipient.
4
J
IN WITNESS HEREOF, the pasties Dave hereunto set their hands and/or seals.
By:
Kevin Meade
Maygor~j J~] ~j .
Date
BY: I
F. Mike Kir ,President '
Western Illinois Regional Council
i
By:
Suzari J. Nash, ecuti irec r
Western Illinois Regional Council
' ~
•
5
PART II
TERMS AND CONDITIONS
1. Termination of Contract for Cause. If, through any cause, WIIZC shall fail~to fulfill in
timely and proper manner its obligations under this Contract, or if WIRC shall violate any
of the covenants, agreements or stipulations of this Contract, the grantee shall thereupon
have the right to terminate this Contract by giving written notice to WIRC of such .
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports prepared by WIRC
under this Contract shall, at the option of the grantee, become its property and WIRC shall
be entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, WIRC shall not be relieved of liability of the grantee for
damages sustained by the grantee by virtue of any breach of the Contract by WIRC, and the
grantee may withhold any payments to WIRC for the purpose of set-off until such time as
the exact amount of damages due the grantee from WIRC is determined. .
2. Termination for Convenience of the Grantee. The grantee may terminate this Contract at
any tithe by giving at least ten (10) days notice in writing to the WIRC. If the Contract is
terminated by the grantee as provided Herein, WIRC will be paid for the tune provided and
expenses incurred up to the termination date. If this Contract is terminated due to the fault
of WIRC, paragraph one hereof relative to termination shall apply.
3. Changes. The grantee tnay, from tithe to time, request changes in the scope of the services
of WIRC to be performed hereunder. Such changes, including any increase or decrease iu
the amount of WIRC's compensation, which are mutually agreed upon by and between the
grantee and WIRC, shall be incorporated in written amendments to this Contract.
4. Personnel.
a. The WIRC represents that it has, or will secure at its own expense, all personnel
required in petforming the services under this Contract. Such persoruiel shall not be
employees of or have any contractual relationship with the grantee.
b. All of the services required hereunder will be performed by WIRC or.under its
supervision and all personnel engaged in the work shall be fully qualified and shall be
authot•ized or permitted under state and local law to perfotm such services.
c. Any work or services subcontracted hereunder shall be specified by written contract or
agreement and shall be subject to each provision of the Contract.
5. Assign ability. The WIRC shall not assign any interest ott this Contract, and shall not
6
transfer any interest in the same (whether by assignment or novation), without the priot•
written consent of the grantee.
6. Reports and Information. The WIRC shall furnish the grantee periodic reports pertaining to
the work or services undertaken pursuant to this Contract, the costs and obligations incurred
or to be incurred in connection therewith, and any other matters covered by this Contract.
7. Records and Audits. The WIRC shall maintain accounts and records, including personnel,
property and financial records adequate to identify and account for all costs pertaining to
the Contract and such other records as may be deemed necessary by the grantee to assure
proper accounting for all project funds, both state and non-state shares. These records will
be made available for audit purposes to the grantee or any authorized representative to
assut•e proper accounting for all project funds, both state and non-state shares, and will be
retained for five (5) years after the expiration of this Contract unless permission to destroy
them is granted by the grantee.
8. Compliance with Local Laws. WIRC shall comply with all applicable laws, ordinances, and
codes of the state and local governments.
9. Eaual Employment Opportunity. The WIRC agrees that it will comply with state and
federal civil rights laws together with all t•egtiit•ements mandated by the regulations of the
Department of Housing and Urban Development. No person in the United States shall, on
the grounds of race, religion, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any programs or
activities undertaken by the W1RC. The WIRC further agrees to comply with Executive
Order 11246 as amended and subsequent laws, rules and regulations effectuating same,
which prohibits discrimiuatiotl because of race, color, religion, sex or national origin and
requires that affirmative action betaken; and will require compliance with the above by its
• contractors, subcontractors, vendors, and suppliers with whom the WIRC does business.
The WIRC has aBoard-approved Affirmative Action Plan and takes affirmative action by
recruiting, employing, and promoting protected class members, which include women,
minorities, the handicapped, and veterans.
The WIRC therefore provides opportunities for employment and advancement without
regard for race, color, religion, sex, age, national ot•igin, marital status, unfavorable
discharge from military service (excluding dishonorable) or presence of a mental or
physical handicap which does not impair ability to perform required tasks. This policy
applies to every aspect of employment including, but not restricted to, recruitment, hiring,
placement, promotion, demotion, salary administration, transfer, training, compensation,
reduction in work force and termination.
10. Interest of Membet•s of the Grantee. No member of the governing body of the grantee, and
uo othet• officer, employee or agent of the grantee who exercises any functions or
responsibilities in connection with the planning and carrying out of the program shall have
7
any personal financial interest, direct or indirect, in this Contract; and WIlZC shall take
appropriate steps to assure compliance.
11. 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 responsibilities
in connection with the planning and carrying out of the program, shall have any personal
fina~icial interest, direct or indirect, in this Contract; and WIRC shall take appropriate steps
to assure compliance.
12. Interest of WIlZC and Employees. WIRC covenants that it 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
service hereunder. WIRC further covenants that in the performance of this Contract, no
person having such interest shall be employed.
8