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HomeMy WebLinkAboutRes 27-84 05/15/1984 J '\ ' ¡.~\ , \ , ' RESOLUTION NO. 27-84 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND TRKLA, PETTIGREW, ALLEN, AND PAYNE WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, the Village Comprehensive Plan and the Community Development Plan identify the Central Business District as an area of the Village in need of conservation measures and potential redevelopment in an effort to prevent blight and deterioration; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Trkla, Pettigrew, Allen, and Payne are qualified to assist the Village in preparation for development of a Tax Increment Financing District. NOW, THEREFORE, BE IT RESOLVED BY THE }~YOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village President of the Village of Mount Prospect and the Village Clerk are hereby authorized to execute a contract for Community Development Block Grant Implementation, which contract is between the Village of Mount Prospect and Trkla, Pettigrew, Allen, and Payne, said contract is attached to this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: Arthur, Far ley, Floras, Murauskis, Van Geem, Wattenberg None ABSENT: None PASSED AND APPROVED th is 15th day of May , 1984. (~jU~ II- }:~~ ~ Mayor ATTEST: L.~y~ , Village Clerk r ~ " AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN TRKLA, PETTIGREW, ALLEN & PAYNE, INC. AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS This AGREEMENT made and entered into thisié/h day of ~---, 1984, by and between TRKLA, PETTIGREW, ALLEN & PAYNE, INC.,-~ Illinois corporation with principal offices at 123 West Madison Street, Chicago, Illinois 60602 (hereinafter referred to as the "CONSULTANT") and the VILLAGE OF HOUNT PROSPECT, ILLINOIS (hereinafter referred to as the "CLIENT"), WI TNESSETH THAT: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in con- nection with the preparation of a Tax Increment Financing District for the Village within the Central Business District of Mount Prospect defined in the adopted Comprehensive Plan and Community Development Plan, and the CONSULTANT has signified his willingness to furnish technical and professional services to the CLIENT. NOW, THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant's Services The CONSULTANT agrees to perform in a good and professional manner those services described in Attachment A, a copy of which is attached hereto and incorporated in this AGREEMENT. C! D. ,B. \ .i;;/;;,;;),;,,;V;X'M;i.;?dg',,;;,jl.;:;:;"," ' Services to beProvi~~d bj-~he Client In the event that any information, data, reports, records, and maps are existing and available to the CLIENT and are useful for carrying out the work on this PROJECT, this information shall be promptly furnished to the CONSULTANT. This completion of the services to be performed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the CONSULTANT, of service, data, and reports described above. The CLIENT will -- f assist the CONSULTANT by assembling and promptly making available such information as CLIENT may have pertinent to the PROJECT, including any previous reports and other data relative to the execution of the PROJECT. If, by reason of any fault of CLIENT, materials or services to be provided by the CLIENT are not made available to the CONSULTANT in a timely manner, the CONSULTANT may, at its option, stop work on the PROJECT until such materials or services are provided. C. Changes The CLIENT may, from time to time, require or request changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, including any appro- priate increase or decrease in the amount,of compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this AGREEMENT. Consultant's Compensation The CONSULTANT shall be compensated for services rendered under the terms of this AGREEMENT on the basis of the CONSULTANT'S hourly rates in accordance with Section E, plus - 2 - " < F. - . reimbursem~nt of actual out-of-pocket costs, directly related,job expenses such as travel, subsistence, printing, etc. The maximum cost for CONSULTANT services under this AGREEMENT is $14,000.00. The CONSULTANT will not exceed this sum without specific written authorization from the CLIENT or an amendment to this AGREEMENT. E. Method of Payment The CONSULTANT shall submit monthly invoices for time devoted to and costs incurred on the PROJECT during the billing period. Invoices are due and payable no later than thirty (30) days of invoice date. Total billings for services rendered under this AGREEMENT will be in accordance with Paragraph D (Consultant's Compensation) and will not exceed the authorized sum without express written authori- zation from the CLIENT, or an amendment to this AGREEMENT. Each invoice shall show the total number of hours by classification, supported by employee timesheets. The invoice will also include the total of all direct costs and provide documentation and receipts as necessary. The scheduled hourly rates for the CONSULTANT are described in Attachment A in this AGREEMENT. Time of Performance The services of the CONSULTANT will begin upon execution of this AGREEMENT by both parties. Absent causes beyond the control of the CONSULTANT, the services shall be completed by November 15, 1984. - 3 - , H. , ~ This AGREEMENT will be regarded as a two-part contract. All tasks identified in Section A of the Scop~ of Services shall be completed prior to initiation of any work on Section B. No work shall commence by the CONSULTANT on Section B without written authorization from the CLIENT. G. Termination The CLIENT and the CON~ULTANT shall have the right to terminate the,AGREfMENT by written notice to the other party at least thirty (30) days prior to the specified effective date of such termination. In such event, all finished and unfinished documents and work papers prepared by the CONSULTANT under the AGREEMENT shall become the property of the CLIENT and the CONSULTANT shall receive the compensation to which it is entitled based upon hours of work performèd and expenses incurred in accordance with Paragraph D; upon receipt by the CLIENT of said documents and work papers. Nondiscrimination The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. This contract is subject to and governe~ by the rules and regulations of the Ilinois Fair Employment Practices Act. - 4 - ~,~ . Contract Documents The contract documents which constitute the entire AGREEMENT between the CLIENT and the CONSULTANT shall consist of the following component parts, all of which are attached hereto and shall be deemed to be a part hereof just as though set forth in full in this AGREEMENT: Attachment A - Scope of Services. Attachment B - T An Act to Prohibit Discrimination in Public Contracts, Ill. Rev. stat. Ch. 29, Section 17 et s~ Attachment C - Equal Employment Opportunities Clause included pursuant to Executive Order 11246. J. Excusable Delays The CONSULTANT shall not be in default by reason of any failure in performance of this AGREEMENT in accordance with its terms (including any failure by the CONSULTANT to make progress in the prosectution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted or limited to, acts of God or of the public enemy,. acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negli- gence of the 'CONSULTANT, the CONSULTANT shall not be deemed to be in default. - 5 - " , ~ K. Extra Work If requested and authorized in writing by the CLIENT, the CONSULTANT will be available to furnish, or obtain from others, extra work of the following types: 1 . Extra work due to ,changes in the general scope of the study including, but not limited to, changes in size, complexity or character of the work items. 2. Additional or extended services due to: (a) the prolongation of the AGREEMENT time through no fault of the CONSULTANT, (b) the acceleration of the work schedule involving services beyond normal working hours, or (c) non-delivery of any materials, data, or other information to be furnished by the CLIENT or others not within the control of the CONSULTANT. 3. Other additional services requested and authorized by the CLIENT which are not otherwise provided for under this AGREEMENT. 4. Attendance at additional meetings beyond those made part of this AGREEMENT. The costs and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CLIENT and the CONSULTANT in accordance with the provision of Paragraph C (Changes) and Paragraph E (Method of Payment) of this AGREEMENT. - ~ - \< L. Time for Which Agreement is Valid The terms of this AGREEMENT will become valid upon execution by both parties: IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date and year first above written. CONSULTANT: CLIENT: TRKLA, PETTIGREW, ALLEN & PAYNE, INC. VILLAGE OF MOUNT PROSPECT, ILLINOIS BY: BY, éa"f- ¡/ ¡¿~ Vice President Mayor ATTEST: Lo~ aJ/~dJ . ACCEPTED AND APPROVED BY: ~ 'fk ¡1!j MifL- Title: YI/!~ f/~ø,j~ " . " - 7 - " PROPOSED SCOPE OF SERVICES Section A DOWNTOWN TIP ANALYSIS This first section describes the tasks to be undertaken within the greater downtown area as defined in the Village's Comprehensive Plan. Tasks. proposed are designed to provide Village officials' and! representatives with data, findings and recommendations on the type and estimated cost of revitalization projects and actions that may be appropriate, and on the potentials and benefits of rehabilitation and redevelopment associated with each of the six areas identi- fied as warranting priority cons,ideration. The end product of this phase of the assignment will be an agreed-upon implementation strategy and program for the revitalization of the down town a rea. '- Task 100: PROJECT INITIATION Before actual work will begin, a job initiation conference will be held to set the framework of the study. Basic requirements and policies of the tax increment financing program will be presented and discussed during this confer- ence. The purposes of this conference are to (a) review the overall study objectives; (b) refine, as deemed necessary, the work program for the study; (c) resolve any questions regarding contract interpretation; (d) establish a f~rm basis for all participants working together to complete the assignment in an orderly manner; and (e) to secure available data, plans and studies which will be useful in completing the assignment. The consultant will participate in the job initiation conference. Task 101: FIELD RECONNAISSANCE The existing development pattern and environme'ntal condi- tions within the area will have a major influence on revi- talization and development potentials in the study areas. While a range of information r~lated to the area may already exist, certain new surveys Cind inventories will probably be required both to supplement and update the existing data base. The following field reconnaissance activities will be undertaken by Village staff members as needed. The Consultant will provide land-use and building condi- tion coding manual and will provide general supe~vision ,to Village staff members. , '. " .. \. a. Existing Land-Use. A parcel-by-parcel survey will be undertaken of all landareaswithln the study subareas. Survey personnel ~ill utilize the Standard Land-Use Coding Manual in recording the specific use of each building and parcel in the community. Field data will be mapped and analyzed to identify functional land-use areas, compatible and incompatible relationships, areas of underdevelopment, and apparent oportunity for inten- sification and development.-' b. Building Condition Survey. An exterior survey of the physical condition of all buildings in the study sub- areas will be undertaken, including residential, commer- cial, and industrial construction. Survey personnel will utilize the TPAP Quality Survey Manual system. Field data will be mapped and analyzed to identify basically sound buildings and areas, deterioratiang buildings and are~s, and vacant buildings. c. Environmental Conditions An~sis. Environmental conditions in the area will be identified and evaluated. This analysis will include such factors as: land-use, circulation conflicts, traffic congestion, incompatible land-use relationships, overcrowding of bUildings, parking deficiencies, and deteriorating site improve- ments. This task will also lead to a determination of the eligibi- lity of all or parts of the study area as either "blighted" or "conservation" areas within the definitions set forth in the Illinois tax increment legislation. This will serve as a basis for defining the exact limits of the potential TIF district (or districts) which may be established by the Village of Mount Prospect. Task 102: SYNTHESIS -- NEEDS, OPPORTUNITIES AND CONSTRAINTS The findings and conclusions derived from Tasks 100 and 101 will be brought together into a synthesized statement highlighting needs, opportunities and constraints. The key findings will be highlighted in a manner which will facili- tate local review and discussion. It is essential that agreement be reached on the problems and needs of the study area before any decision has been reached regarding program choices or strategies. Accordingly, this information must 'lead to local working conferences Or forums on the issues-- needs, Opportunities and constraints. The Consultant will assist Village staff member:s in completing this task. Task 103: WORKSHOP This task is designed to create a common inforillational, threshold for all study participants. It is recommended that this involve study team members, local officials and local staff. The Consultant will participate in the <" wor!<shop. , . -2- . . The workshop will cover review and discussion on the appli- cation of tax increment financing within the greater Down- , town Area and will conclude with recommendations on the '"location a~d use of TIF as an implementation technique. Task 104 Based on the local review and" comments derived from Task 103, a report of recommendations on the location of tax increment redevelopment projects and the use of tax incre- ment financing will be delivered to the Village in a form suitable for reproduction. I f. .- ,¡' . " , -. , . -3- Section B \;FIRST PROJECT TIF FEASIBILITY AND PLAN . The second part of the assignment includes the tasks to be undertaken in the preparation for Village review and consideration of the feasibility of a first Tax Increment Financing Plan and Project within the Downtown Area. Task 200: PROJECT ELIGIBILITY SURVEYS, ANALYSIS AND REPORT Surveys and analyses will be undertaken to determine whether conditions exist which would warrant designation of the area as a "blighted area" or "conservation area" or combination thereof in accordance' with provisions of the Illinois Tax Increment Allocation Redevelopment Act. As part of this assignment, the Consultant and Village staff will review existing conditions in areas immediately adjacent and related to the proposed Tax Increment Financing (TIF) District. This review will be for the purpose of determin- ing whether such conditions would warrant designation of the area a~ a TIF District. Factors and conditions to be surveyed and/or evaluated as part of this assignment include: age of buildings; degree of physical deterioration; obsolescence of buildings; use of structures and land, including compatibility of such uses; extent of vacancies; overcrowding of structures and facilities; lack of ventilation, light or sanitary facili- ties; excessive land coverage; underutilized land areas; depreciation of physical maintenance; and presence of struct.ures below minimum code standards. The Consultant and VilÌage staff will work together on all surveys, analy- ses, conclusions and recommendations included within this scope of services. Findings from the survey and analysis; will; be recorded on maps, survey forms, tables and/or charts as requ i red for presentation to officials of the Village. The Consultant will utilize all the data, surveys and analyses in determin- ing whether conditions exist within the proposed Tax Incre- ment Financing District to warrant designation of such ar~a as "blighted area" or "conservation area" or combina- tion thereof in accordance with provisions of the Illinois Tax Inc~ement Allocat1on Redevelooment Act. 0 . .. Following review by the Village, a final report .describing the methodology and criteria used and the findings of the survey and analysis will be prepared and delivered to the Village in a form suitable for reproduction. .' , -, -4- Task 201: TAX INCREMENT FINANCING FEASIBILITY ANALYSIS A, preliminary tax increment financing feasibility analysis \"wil1 be prepared in draft form for review and consideration by the Village. This will include: . A pro forma analysis of tax increment financing, showing anticipated public costs, Sources of financ- ing, anticipated tax increments, and a cash flow model showing the relationship of costs and revenues over time. . A budget for the project execution phase, includ- ing estimates for administration and repayment of planning costs, real e::;tate purchases and related acquisition expenses, temporary operation of acquired property, real estate tax credits, , relocation, demolition and site clearance, project improvements, interest costs, capitalization costs, and contingencies. . A financing plan for the project showing estimated public costs and all anticipated sources of funding and the timing and sequence of receipt of funds. ;This will include, but not he limited to, considera- tion of the tax increment financing, special benefit district financing, federal financing, community development block grant funds and other Sources of local revenues (parking funds, special assessment financing, sales tax constributions, etc.). Task 202: REDEVELOPMENT PLAN A preliminary Redevelopment Plan will be prepared in draft form far review and consideration by the Vil,lage. The preliminary plan will conform to the requirements set forth in the Illinois Real Property Tax Increment Allocation Redevelopment Act and include the following: (a) descrip- tion of the proposed redevelopment project area; (b) state- ment of goals and objectives; (c) summary of conditions found to ex i s t wh lch warrant des ignat ion ,of the proposed project as a "conservation area" or "blighted area"; (d) a description of plan and project objectives and redevelopment activities; (e) a general land-use plan; (f) redevelopment and design controls; (f) summary of redevelopment project costs; and (9) .description of SOurces of funds to pay redevelopment costs, and the types of obligations which may be issued. . Following review by the Village, the Redevelopment Plan will be prepared in final form for reproduction by the Village. ." -5- . -~ \" 1. Meetings The Consultant will participate in the following: A meeting with Village officials and staff members to discuss the tax increment financing program ðnd policies. 2. A meeting with designated Village staff members to review scope of assignment, to confirm Consultant and Village staff responsibilities, to establish a schedule for completion of all required tasks, and to secure -copies of previously completed plans and studies, available data on property ownership and values, deve- lopment plans for the study area, and reproducible base maps for the area. 3. A meeting w~th designated Village staff members and . . . Interested developers to reVIew the tax Increment program and process, and to secure information on the type, scope, and timing of development plans. 4. A meeting with designated Village staff members 'to review findings and draft reports prepared by the Consultant, including: (a) project eligibility report, (bt preliminary tax increment feasibility analysis, and (c) Redevelopment Plan. Based on the results of this meeting a preliminary decision should be made on the feasibiity and desirability of proceeding with the project, and on the scheduling of actions leading to a public hearing. 5. A public hearing on the proposed Redevelopment Plan and Proj e ct. Serviçes To Be Provided by the Village of Mount Prospect The fallowing data and/or services by the Village of Mount Prospect: 1. 2. 3. 4. 5. ,° will be provided Copies of previously completed plans pared for the study area and environs. and stud ies pre- Reproduc ible base map showing block and, if available, building outlines. and parcel lines Property tax maps, real estate tax ownership and v~lue data, if available. Plans for capital improvements and facilities within and adjacent to the area, including construction cost estimates, if available. index numbers, Building Department on age of buildings. inspection records, and data 4 . '. 6. . Department plans for the study area. - -6- .< -'; TIMI N:; AND FEES This assigrm-ent been scheduled for a tirre fraJTe ranging from four to six ITOnths U35 to 180 calenàar days). The estL~ted Consultant Fee for this assignment is $14,000, as shown on the following table. Consul tant Fee Section A. Downtown TIF A~lysis $ 4[000 Section B. First Project TIF Feasibility and Plan $10,000 $14[000 Continuing services to the Village, if required, would be on the basis of current hourly rates for consultant staff members. Current rates are as fo11O'",s: Perscmnel BOt1rly Bate. Ni~~olas V. Trkla John C. Pettigrew 'J}lorras o. Payne' Kenneth R. Berliant . RuèblfÒ J. Visser Associates Cler ical and Technical $80.00 75.00 75.00 75.00 50.00 35.00 25.00 . -7- . ,~ - .~ { '. , '. .' ", ATTACHl-1ENT B \'- DlSCRl~!lKATlOX IN PUBLIC CONTf:^CTS A~ ACT to prohibit di3crimination and intillli,btion on !.ccount of race, creed, co10r, sex, rclit::ion, >h'ysic.a.l or ~ents.l handicap unre1ated to ability, or nati.:mal ongin In employment under contracts for public bui!dinf:'3 or public works. Laws 1933, p. 296, approved and ef!. July E, 1933. Title amended by P,A. 80--336, § 2, approved Aug. 26, 1977, err. Oct. I, 1977. 17. Discrimination in emplo)'ment prohibited . § 1. No person s'hal1 be refused or denied empJoyment In ~ny C!ipadty on t'he ground of .ace, creed, coJor, sex or m.t,lCJns.1 origin, nor be discriminated against in any manner bj" r€:Edon the.eof, in connection with the contracting for or the p-=rformance of any work or service of any kind by :or, o;¡ b.=haJf of, or fo; the benefit of this Slate, or or' an; . èEpa:t:nent, bureau, commÍ5sion, board, or othe. poJiti=1 ~ubd¡v13ion or ag-ency thereo!. . Amended by P.A. 78-8-18, § 1, err. Oct.; I, 1973. 18. Dtemed incorporated in contract' . § 2, The provisions of this Act shan automatical1)' ent~r lnte ar,d b.=come a part of each and every contract or ot}.,-r tgT€ement hereafter entered into by, with, for, on beh3if of, or for the œnefit of this State, or of any department, bureau, commi5Sion, 003.rd, othe. poJitica1 subdivision or ~gency, officer or agent thereof, providing for 0. relating to the t)€rformance of any of the said work or services or o{ any part thereof. 19. Includes independent contnictors, etc. § 3. The provisions of this Act also shan apply to all wntracl5 cntereJ into by or on behalf of all independent wntractors, subcontractors, and any and all other pe;-sons, ~ociation or corporations, providing for or re!ating to the doing of any of the said work or the perfo.mance of any of tne _said services, or any part thereof. 20. D.eduction {.om compenSAtion § 4. No wntractor. subcontractor, nor any person on his or her behalf shaH. in any manner, discriminate against or intimidate any employee hired for the performance of work for the benefit of the State or for any department, bureau, commission, oo3.rd, other political subdivision or agency, officer or agent thereof, on account of race, color, need, sex, religion, pnysical or mental handicap unrelated to ability, or national origin; and there máy be deducted {¡-om the amount payable to the contractor b)' the State o! II1inois or b)' any municipal corporation thereof, under this contract, a penalty of five doJIars fo. each person for each calendar da)' during which such person was discriminated against or intimidated in viobtion of the provisions of this Act. Amended by P.A. 80-336, § I, err. Oct. 1, 1917. . 21. TIecoYèt)' by injured person' § 5. Any person, agency, co:yvr?,tion or 3.s~o-:i3tion w'ho violates any of the provisions of tbis Act, or who aid!, abel5, incites or otherwise partIcipates in the viohtion of any of the provisions, whether the violation or p?rticipation therein occurs through action in a private, public or in f:-ny official capacity, shall be guilty of a petty offense for cadi and every vio1ation or participation therein with rC!i¡>p-ct to each person aggrieved th"reby, to be recov".ed by cf:-CÀ such aggrieved person, or b)' any other pet'Son to whom such aggrieved person shan 2-Ssign his êause of action, in the circuit court in the county in which the plaintiff or t'be defendant shall reside. Amended by P.A. 79-1360, § 2, cU. Oct. I, 1976. 22. Yiohtion~Puni5hment § 6. Any pet'Son who or any agency, corporation or assodation which shall violate any of the provision~ of the foregoing sections, or who or which shall aid, abet, incite or otherwise participate in the violation of Imy of the 53.id provisions, whether the said violation or participation therein sna1J occu. throug'h action in a privalê, in B pubJic:., or in any official capacity, shall also be deemed guilty of a petty offense for each and every said vio1ation or participa- tion or, in the case of non~orporate violators, or partic!pa- tors, of a Class B misdeme;mor. Amended by P.A. 77-2365, § I, err. Jan. I, 1973. 23. To be inscribed in contract § 7. The provisions of this Act shall be printed or otherwise inscribed on the face of each contract to which it shall be applicable, but their absence t'herefrom shan in no wise prevent OJ' affect the application of the said I'rovi~;on~ to the said contract. 24. Partial invalidity-Construction § 8. The invalidity or unconstitutionalit~' of anyone or more p;-ovisions, parts, or sections of this Act shaH not be held or construed to invalidate the whole or any o~'her provision, part, or section thereof. it being intenled th3t , this Act shall be sustained and enforced to the full~t extent possible and that it shall be const.ued as liberally ~ : possib1e to prevent refusals, denials, and discrimination.s of and with reference to the award of cOnt.acts and employ. ment thereunder, on the ground of race, color, creed, sex, religion, pnysical or mental handicap unrelated to ability, or national origin. Amended by P.A, B0--335, § 1, efr. Oct. I, 1977. '. :, -; . ~ ,- -~ '. ; EXECUTIVE ORDER 11246 EQUAL EHPLOYHENT OPPORTUNITY CLAUSE ,- "Durin!: tnc pcrform:mcc of this ccntr:.ct. the contractor agrees riS Tollows: "(1) The contractor will not discrimin;¡te ag-;¡inst any employee' or applicant for' empJoyment bec;mse of race, coJor, rdigion, sex, or na tional origin. Thc contractor .' will t;¡kc ;¡,fiïrm:llive: :lction to ensure that applicant:; :lrc employed, and that cmployccs arc treated during employment, without regard If' their race, color, rdigion, Scx or nationa! origin, Such action shaH include, but not he Iimited to the [oHowing: cmploy- ment, upgrading: demõtion, or transfer; rccruilment or recruitment advcrtising-; byoff or termination; rates of payor other forms of COIn¡,cnsation; and selection for t¡-aining, i:Jduding :.pprcn!ic~hip, The contractor agrees !o post in conspicuous pbces, av;;ibblc . to empJoyees and appJiC:J.nts Tor employm:::nt, notices to be provided by the contracting officer sc~ting forth the provisions of this nondiscrimination c1ause. "(2) Thc contr:lctor will, in :a1l solici!;;~ions 'or advertisements for employecs pbccd by or on bchaH of the:' contr;¡ctor, !;t;¡t,{:: that :aU qualified app}¡cants wi!] rece:ivc consider;:¡tion for cmpJoY;T]ent without r~,!;,'fd to racc:, co]or, rdig-ion, 'sex or n;Úional origin. ' "(3) Thc contractor '\\'iJl send to cdcb I IJor union or rcpresent3ti,,"e of workc;s with which lIe: has a collective bargainin~ ,;¡;reement or other contract or under- standin!:, a notice, to be provided by the ;;['.UJCY contracting officer, advising the Jabor union or wo¡-ke-rs' representative of the contractor's commitments under Section 2œ of Executive Order No- ] J246 of Se:p!cmber 24, ]965, ;¡,nd sh~lJ post copies of the nofjcc: in conspicuous places :lvaiJab e: to empJoye:es and appJicants for empJo.rmenL "(4) The contractor wi1l compJ:r with aJ] provisions of Executive Order No. 11246 of Sept. 24, ]965, :and of the: rules, regulations, 2nd rdcvant orders of the Secretary cl~~ ' ",(5) "The contractor wilI furnish aJI information and reports required by Executive Order No. 11246 of Septe-mber 24, 1965, and by the rules, TeguJat:ons; and orders of the: Secretary of J--3bor, or pursuant thereto, 2nd will permit access to his books, records, :and accounts by thc contracting agency and the Secretary of Labor for - purposes of investigafjon to ascertain compliance with such rules, re:gclations, and orders. "(6) In thc cvcnt of the contractor's noncompliance with the nondiscrimination dauscs of this contract or with any of such rules, regulations, Or orders, this contr.act may be canec!Jed, terminated or suspended in whole or in part :and the contraclor . may bc deduct! incJigiblc: for furthcr Government contracts in 2ccordance with' procedures :a.utnorizc:d in Executive ,Order No. 11246 of Sept. 24, 1965, :and such other-- sanctions may be imposed :a.nd rc:medies invoked as provided in Executive Order No. 11246 of Septcmbcr 24, 1965, or by rule, rcgu1:ation, or order of the Sccrctary of Labor. or as otherwise. pro\-idc:d by law. "(7) The contractor win indude the provisions of pJragraphs (1) through (7) in every subcontract or purchase order un1css exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, ]965, so that such provisions will bc binding upon each !>ubcontractor or vendor. The contractor wiJJ take such action with reSpect to any subcontract or purchasc order 'as may bc directed by the Secretary of Labor as a means of cnfol'cÏng such provisions indudin!: sanctions for noncompliance:: Pnrviåeð, hc;wl7Jc:r, that in the event the contractor becomes invoJvcd in, or is thl'eatened with. litig;¡,tion with :a subcontractor or Yendor as a result ,of such dircct;on, thc contractor may reque.s~ the United States to enter-into such litigation to protect the interests of the United States." {Subparagl'aph 7 reads as :amended by Exe:cuiye Orde:r 12086, signed Octobcr 5, 1978 and drective October 8, 1978.]