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<br />e)Consultant will notify each labor union or Consultant understands that it must not make any award or permit
<br />representative of workers with which it has a collective bargaining any award (or contract) at any tier to any party which is debarred
<br />agreement or other contract understanding, that the contractor is or suspended or is otherwise excluded from or ineligible for
<br />bound by the terms of Section 503 of the Rehabilitation Act of 1973 participation in Federal assistance programs under Executive Order
<br />and is committed to take affirmative action to employ and advance 12549, “Debarment and Suspension.”
<br />in employment physically and mentally handicapped individuals.
<br />XII.
<br />f)Consultant will include the provisions of this clause in
<br />Copyrights and Rights in Data
<br />every subcontract or purchase order of $2,500 or more unless
<br />exempted by rules, regulations, or orders of the Secretary Issued
<br />pursuant to Section 503 of the Act, so that such provisions will be FEMA has no regulations pertaining to copyrights or rights in data
<br />binding upon each subcontractor with respect to any subcontract as provided in 24 CFR 85.36. FEMA requirements, Article 45 of the
<br />General Conditions to the Contract for Construction (form FEMA-
<br />or purchase order as the director of the Office of Federal Contract
<br />Compliance Programs may direct to enforce such provisions, 5370) requires that contractors pay all royalties and license fees.
<br />All drawings and specifications prepared by the Design Professional
<br />including action for non-compliance.
<br /> pursuant to this contract will identify any applicable patents to
<br />VIII. enable the general contractor to fulfill the requirements of the
<br /> construction contract.
<br />Interest of Members of Client
<br /> XIII.
<br /> No member of the governing body of Client and no
<br />Clean Air and Water.
<br />other officer, employee, or agent of Client who exercises any
<br />functions or responsibilities in connection with the planning and (Applicable to contracts in excess of $100,000)
<br />carrying out of the Program, shall have any personal financial
<br />Due to 24 CFR 85.36(i)(12) and federal law, the Design Professional
<br />interest, direct or indirect, in this Contract and Consultant shall
<br />shall comply with applicable standards, orders, or requirements
<br />take reasonably appropriate steps to assure compliance.
<br /> issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4
<br />transferred to 42 USC § 7607, section 508 of the Clean Water Act
<br />IX.
<br />(33 U.S.C. § 1368), Executive Order 11738, and Environmental
<br />
<br />Interest of Other Local Public Officials Protection Agency regulations (40 CFR part 15), on all contracts,
<br />subcontracts, and sub grants of amounts in excess of $100,000.
<br />
<br /> No member of the governing body of the locality and no other
<br />public official of such locality, who exercises any functions or XIV.
<br />responsibilities in connections with the planning and carrying out
<br />Energy Efficiency
<br />of the Program, shall have any personal financial interest, direct or
<br />indirect, in this Contract; and Consultant shall take appropriate
<br />steps to assure compliance. Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal
<br />law, except when working on an Indian housing authority Project
<br />
<br />on an Indian reservation, the Design Professional shall comply with
<br />X.
<br /> the mandatory standards and policies relating to energy efficiency
<br />which are contained in the state energy conservation plan issued in
<br />Interest of Consultant and Employees
<br />compliance with the Energy Policy and Conservation Act (Pub. L.
<br />
<br />Consultant covenants that he presently has no interest and shall 94-163 codified at 42 U.S.C.A. § 6321 et. seq.).
<br />not acquire interest, direct or indirect, in the study area or any
<br />XV.
<br />parcels therein or any other interest which would conflict in any
<br />manner or degree with the performance of its services hereunder.
<br />Consultant further covenants that in the performance of this Retention and Inspection of Records
<br />Contract, no person having any such interest shall be employed.
<br /> Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by
<br />XI. the Design Professional to the Owner, FEMA, the Comptroller
<br />General of the United States, or any of their duly authorized
<br />
<br />Debarment and Suspension (Executive Orders 12549 and 12689) representatives, to any books, documents, papers, and records of
<br /> the Design Professional which are directly pertinent to that specific
<br />Contract for the purpose of making an audit, examination,
<br />The Consultant certifies, by entering into this Agreement, that
<br />excerpts, and transcriptions. All required records shall be retained
<br />neither it nor its principals are presently debarred, suspended, or
<br />otherwise excluded from or ineligible for participation in federally-for three years after the Owner or Design Professional and other
<br />sub grantees make final payments and all other pending matters
<br />assisted programs under Executive Orders 12549 (1986) and 12689
<br />are closed.
<br />(1989). The term “principal” for purposes of this Agreement is
<br />defined as an officer, director, owner, partner, key employee, or
<br />other person with primary management or supervisory
<br />responsibilities, or a person who has a critical influence on or
<br />substantive control over the operations of the Consultant. The
<br />Public Management, Inc. Administrative Services 16
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