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area and contracts for work in connection with the project be awarded to business concerns which are <br />located in, or owned in substantial part by persons residing in the areas of the project." <br />Consultant certifies and agrees that no contractual or other disability exists which would prevent compliance <br />with the requirements. <br />(2) Notifications. Consultant agrees to send to each labor organization or representative <br />of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice <br />advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall <br />post copies of the notice in conspicuous places available to employees and applicants for employment or training. <br />(3) Subcontracts. Consultant will include this Section 3 clause in every subcontract <br />and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of <br />regulations issued by the grantor agency. Consultant will not subcontract with any subcontractor where it has notice <br />of knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any <br />subcontract unless the sub - contractor has first provided it with a preliminary statement of ability to comply with the <br />requirements of these regulations. <br />e. Standard of Performance Consultant shall perform all services required pursuant to this <br />Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is <br />engaged. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be <br />reasonably necessary to meet the standard of performance and to satisfy Consultant's obligations hereunder. <br />(1) Professional Seal. Where applicable in the determination of the Contract Officer, the <br />first page of a technical report, first page of design specifications, and each page of construction drawings shall be <br />stamped /sealed and signed by the licensed professional responsible for the report /design preparation. The <br />stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with Report /Design <br />Responsibility." <br />f. Assignment of Personnel Consultant shall assign only competent personnel to perform <br />services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this <br />Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from <br />City of such desire of City, reassign such person or persons. <br />g. Facilities and Equipment Except as set forth herein, Consultant shall, at its sole cost and <br />expense, provide all facilities and equipment that may be necessary to perform the services required by this <br />Agreement. City shall make available to Consultant only the facilities and equipment listed hereunder, and only <br />under the terms and conditions set forth herein. <br />(1) Facilities and Equipment Provided. City shall furnish physical facilities such as <br />desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting <br />with City employees and reviewing records and the information in possession of City. The location, quantity, and <br />time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish <br />any facility that may involve incurring any direct expense, including but not limited to computer, long- distance <br />telephone or other communication charges, vehicles, and reproduction facilities. <br />2.6 Environmental Requirements. <br />a. Lead Based Paint In accordance with 24 CFR Part 570.608, Consultant shall be prohibited <br />from using lead -based paint in residential structures rehabilitated with CDBG Funds. Lead -based paint is any paint <br />containing more than five - tenths of one percent (5/10 of 1 %) lead by weight in the total non - volatile content of liquid <br />paints or in the dried film of paint already applied. <br />b. Use of Recycled Materials Consultant shall prepare and submit all reports, written studies <br />and other printed material on recycled paper to the extent that it is available at equal or less cost than virgin paper. <br />-4- <br />CDBG Consulting Services Agreement <br />for Neighborhood Solutions FY12 -13 <br />