8.3 Right-of-Way Acquisition Services for East Magnolia
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
3/28/11
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
ITEM
NO:
Page 1
DEPARTMENT OF
PUBLIC WORKS
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
8
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BY: Daniel R. Stack
BY:
ITEM:
Right-of-way acquisition services agreement with Land Company Real Estate Services, Inc. for the
East Magnolia Road Improvements, City Project No.1 0-2808.
BACKGROUND:
Right-of-way appraisal and acquisition will soon begin for the East Magnolia Road Improvements
project. This process must follow the "Uniform Relocation Assistance and Real Property Acquisition
Policies act of 1970." City staff solicited qualifications and estimated costs from three right-of-way
acquisition companies who were pre-approved by the Kansas Department of Transportation for
acquisition on federally funded projects. The East Magnolia Road project includes $1.4 million dollars
of federal funding.
City staff then interviewed the three firms and chose Land Company Real Estate Services, Inc. of
Bonner Springs, Kansas, whose estimate was also the most cost-effective of the three proposals.
This company submitted the best proposal and has very good experience and references for both the
acquisition and appraisal services for the 27 tracts on East Magnolia. William (Bill) Flatt, licensed
Kansas appraiser with 20 years experience, will perform the appraisal services. John T. Amrein,
licensed real estate agent and firm owner, will perform the acquisition services. The City Attorney,
who has been involved to varying degrees with the City's right-of-way acquisition in the past, will
provide general acquisition oversight and assist City staff with document preparation. The City
Attorney has reviewed the attached professional services agreement.
FISCAL NOTE:
The 2010-2014 Capital Improvement Program includes selling bonds to finance the balance of the
project costs above the $1.4 million. These costs include the consultant design fee, construction
services, right-of-way and easement acquisition, utility relocations, testing, financing and construction
costs. The total project costs are currently estimated at $4.5 million.
CONFORMANCE WITH STRATEGIC PLAN:
Goal #3: The city will provide the highest quality of services, consistent with governing body direction,
available resources and staff commitment to quality.
Goal #6: The city will work to make Salina a city that has connectivity physically and socially.
RECOMMENDED ACTION:
Staff recommends that the City Commission approve the Agreement with Land Company Real Estate
Services, Inc. of Bonner Springs, Kansas for right-of-way acquisition services for the East Magnolia
Road Improvements in an amount not to exceed $29,950, City Project No.1 0-2808.
Cc: John Amrein, Land Company Real Estate Services, Inc.
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
Land Company Real Estate Services, Inc.
for
ENGINEERING SERVICES
This Agreement is entered into on the latest date of execution shown on the
signature page by and between the City of Salina, Kansas, (the "CITY") and Land
Company Real Estate Services, Inc., a Kansas corporation, (the "CONSUL TANT").
Recitals
A. The CITY owns and operates the City of Salina Street network which
specifically pertains to the East Magnolia Street Improvement Project.
B. The CITY desires to contract for the Appraisal and Easement Negotiation
services necessary to assure Acquisition of Rights of Way and Temporary Construction
Easements in compliance with all federal and state regulations.
C. The CONSULTANT has the requisite qualifications and experience to
perform the services desired by the CITY and desires to perform those services
pursuant to the terms of this Agreement.
The parties therefore agree and covenant:
1. Scope of Services. The CONSULTANT agrees to perform the services
outlined in the attached and incorporated Exhibit A.
2. Term. The CONSULTANT agrees to perform the services according to
the timeframe described in Exhibit B, subject to prior termination pursuant to the terms
of this Agreement.
3. Compensation. The CITY agrees to compensate the CONSULTANT on
the basis of the actual hourly rates and reimbursable expenses shown on the
CONSULTANT's fee schedule attached and incorporated as Exhibit C, in an amount not
to exceed $29,950.00.
4. Non-appropriation. In the event that this Agreement anticipates work
spanning multiple budget years for the City, it is subject to further appropriation by the
CITY's governing body for future fiscal budget years. If the CITY's governing body does
not appropriate the funds necessary to compensate the CONSULTANT for services to
be provided pursuant to this Agreement in the future fiscal years, the CITY shall so
notify the CONSULTANT and this Agreement shall be null and void for purposes of the
fiscal budget year(s) affected by the decision of the governing body not to appropriate.
5. Invoices. CONSULTANT agrees to submit to the CITY detailed
invoices at least monthly for work performed and reimbursable expenses actually
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incurred. The invoices shall identify the personnel performing the work, the date of the
work, the work performed and the time required to the one-tenth of an hour. Charges
for subcontracted work will be supported with similar documentation. Charges for
reimbursable expenses will specifically identify the type and amount of each expense in
a manner consistent with the classifications of reimbursable expenses set forth in
Exhibit C.
6. Payment. Invoices will be due and payable within 45 days of receipt by
the CITY. If the CITY disputes any items in CONSULTANT's invoice for any reason, the
CITY may temporarily delete the disputed item and pay the remaining amount of the
invoice. The CITY will promptly notify CONSULTANT and request clarification and/or
correction. Following resolution of any dispute, CONSULTANT will include the disputed
item as resolved on a subsequent invoice. The CONSULTANT retains the right to
assess the CITY interest at the rate of up to one percent (1 %) per month on undisputed
invoices which are not paid within 45 days of receipt by the CITY.
7. Nonperformance. If either party fails to comply with any term of this
Agreement within 10 days after written notice to comply has been mailed by the non-
defaulting party to the defaulting party, such failure shall be deemed an immediate
breach of this Agreement. In such case, the non-defaulting party may pursue against
the defaulting party such remedies as provided by law or in equity, including without
limitation, the right to specifically enforce this Agreement. In addition, the non-defaulting
party may recover its costs and reasonable attorneys' fees incurred in any action related
to such breach. In the event of such termination upon the default of the
CONSULTANT, the CONSULTANT shall not be entitled to further compensation from
the CITY for work performed or costs sustained following the date of termination.
8. Termination. Either party may terminate this Agreement, with or without
cause, upon 30 days advance written notice to the other party. In the event of such
termination, the CONSULTANT shall be compensated for such services as have been
performed through the date of termination.
9. Relationship. It is expressly understood that CONSULTANT in
performing services under this Agreement, does so as an independent contractor. The
City shall neither have nor exercise any control or direction over the methods by which
CONSULTANT performs its services hereunder. The sole interest and responsibility of
the City is to see that the services covered by this Agreement are performed and
rendered in a competent, efficient, and satisfactory manner. CONSULTANT shall be
exclusively responsible for all taxes, withholding payments, employment-based benefits,
deferred compensation plans, including but not limited to its workers compensation and
social security obligations, and the filing of all necessary documents, forms, or returns
pertinent to the foregoing.
10. Iniury to Persons or Damaae to Property. CONSULTANT acknowledges
responsibility for any injury to person(s) or damage to property caused by its employees
or agents in the performance of its duties under this Agreement and shall immediately
notify the City's Risk Management Department at (785) 309-5705 in the event of such
injury to person(s) or damage to property.
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11. Indemnification. CONSULTANT agrees to indemnify and save harmless
the City, its officials, agents, servants, officers, directors and employees from and
against all claims, expenses, demands, judgments and causes of action for personal
injury or death or damage to property where, and to the extent that, such claims,
expenses, demands judgment or causes or action arise from CONSULTANT's negligent
acts.
12. Insurance Reauirements. CONSULTANT shall maintain the following
insurance coverage without interruption from the date of the commencement of this
agreement until date of final payment and termination of any coverage required to be
maintained after final payment
Professional Liability - Errors and Omissions
The CONSULTANT shall provide Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the CONSULTANT and any
and all consultants, agents or independent contractors which are employed or
retained by the CONSULTANT. The insurer must be acceptable to the City of
Salina. In the event coverage provided is a claims made coverage, the
insurance shall be maintained for a period of not less than three (3) years after
completion of the contract or in lieu thereof purchase of tail coverage (extended
reporting period) under which the City of Salina shall be afforded protection.
In lieu of the above coverage, the CONSULTANT may provide the described
coverage for his own firm in the above amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Commercial General Liability Insurance
CONSULTANT shall provide public liability insurance coverage in an amount no
less than $500,000 covering the liability of CONSULTANT and any and all
consultants, agents or independent contractors which are employed or retained
by CONSULTANT on an occurrence basis.
In lieu of the above coverage, CONSULTANT may provide coverage for its own
firm in the above amount or an additional amount and submit proof all its
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Automobile Liability
CONSULTANT shall provide coverage protecting CONSULTANT against claims
for bodily injury and/or property damage arising out of the ownership or use of
any owned, hired and/or non-owned vehicle. Required minimum limits: $500,000
each accident, combined single limits, bodily injury and property damage.
Worker's Compensation
Before beginning any work, CONSULTANT shall furnish to the City satisfactory
proof that he has taken out, for the period covered by the work under this
contract, full workers' compensation coverage as required by state law for all
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persons who he may employ directly, or through subcontractors, in carrying out
the work contemplated under this contract, and shall hold the City free and
harmless for all personal injuries of all persons who the CONSULTANT may
employ directly or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed with the City at the
time this Agreement is executed. These certificates shall contain a provision that
coverage afforded under the policies will not be cancelled or substantially
changed until at least thirty (30) days prior written notice has been given to the
City and acknowledged.
Notice of Claim
CONSULTANT, upon receipt of notice of any claim in excess of $1,000 in
connection with this Agreement shall promptly notify the Risk Management
Department, (785) 309-5705, providing full details thereof, including an estimate
of the amount of loss or liability.
13. EaualOpportunity. In conformity with Chapter 13 of the Salina Code,
the CONSULTANT and its subcontractors, if any, shall:
a. Observe the provision of Chapter 13 of the Salina Code and shall not
discriminate against any person in the performance of work under this
Agreement;
b. Include in all solicitations, or advertisements for employees, the phrase
"equal opportunity employer," or a similar phrase to be approved by the
city's human relations director; and
c. Not discriminate against any employee or applicant for employment in
the performance of this Agreement; and
d. Include similar provisions in any subcontract under this Agreement.
14. Affirmative Action. The CONSULTANT agrees to abide by the Salina
Code Sections 13-132 and 133 relating to affirmative action and affirmative action
plans, attached and incorporated herein as Exhibit D.
15. Compliance with Applicable Law. CONSULTANT shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
16. Non-assianable. Due to the unique qualifications and circumstances of the
parties, neither the rights nor the responsibilities provided for under this Agreement shall
be assignable by either party, either in whole or in part.
17. Feminine-Masculine. Sinaular-Plural. Wherever used, singular shall
include the plural, plural the singular, and use of any gender shall include all genders.
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18. Kansas Law Applies. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. This Agreement shall be
interpreted according to its fair meaning, and not in favor of or against any party.
19. Severability. The unenforceability, invalidity, or illegality of any provision of
this Contract shall not render the other provisions unenforceable, invalid, or illegal.
20. Time. Time is of the essence of this Agreement. No extension will be
granted unless in writing and signed by the parties. Should the end of a time period fall on
a legal holiday, that time period shall extend to 5:00 p.m. of the next full business day.
21. Persons Bound-Copies. This Agreement shall extend to and bind the
successors and assigns of the parties hereto, and may be executed in any number of
counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
22. Notices. All notices and demands shall be given in writing either by
personal service or by registered or certified mail, postage prepaid, and return-receipt
requested. Notice shall be considered given when received on date appearing on the
return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48)
hours after deposit in the mail. Notices shall be addressed as appears below for each
party, provided that if any party gives notice of a change of name or address, notices to
the giver of that notice shall thereafter be given as demanded in that notice.
CITY:
Daniel R. Stack, P.E.
300 Ash, P.O. Box 736
Salina, KS 67402
CONSULTANT:
John T. Amrein
14799 Woodend Road
Bonner Springs, Kansas 66012-7721
23. Typewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
24. Meraer Clause. These terms are intended by the parties as a complete,
conclusive and final expression of all the conditions of their Agreement. No other
promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties
and attached hereto. Any amendment to this Contract, including an oral modification
supported by new consideration, must be reduced to writing and signed by both parties
before it will be effective.
25. Attachments: The following Exhibits and other documents are attached to
and made a part of this Agreement:
a. Exhibit A: Scope of Services.
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b. Exhibit B: Schedule.
c. Exhibit C: Estimate of Costs.
d. Exhibit D: Salina Code Sections 13-132 and 13-133.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officials.
Executed by the CONSULTANT this
day of
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Executed by the CITY this
day of
20
CITY OF SALINA, KANSAS ("CITY')
Land Company Real Estate Services,
Inc., ("CONSULTANT")
By:
By:
Aaron Peck, Mayor
ATTEST:
Title:
ATTEST:
By:
By:
Lieu Ann Elsey, City Clerk
Title:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
By:
Title:
Title:
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Exhibit "A"
SCOPE OF SERVICES
DESCRIPTION OF CONSULTANT'S APPROACH TO
REAL ESTATE APPRAISAL
AND
LAND ACQUISITION SERVICES.
Proiect Management Meeting
A. Prior to beginning the work, the LAND COMPANY and the City of Salina would review
general requirements of work elements such as appraisal approaches for the project.
Public Information
A. A letter describing the project and introducing the LAND COMPANY as agent for City of
Salina is mailed to property owners along the project route.
Research Legal Descriptions and Current Title
A. Research legal descriptions to check for accuracy and conformance with the Deeds of record,
plats, and certificates of survey.
B. Research public records to ascertain current ownership. Attention is directed to those tracts
which appear to present the potential of becoming problems which may take considerable time to
process and clear. (Mortgage releases are prepared and inserted into each parcel file as needed).
Initiate Landowner Contact
A. Appointments are arranged by telephone to meet landowners in person and on the site, and
discuss the general scope of the project and how it will affect their individual parcel.
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B. The LAND CaMP ANY will name the appraiser assigned to this project and will disclose it
to each landowner, and an inspection of the property is scheduled; if the appraisal is waived in the
case of a nominal payment parcel or a donation, the appropriate landowner waiver will be obtained.
Appraisals
A. The appraisal status of, and requirements for, each parcel is confirmed at the project
management conference identified by the problem statement. Is an appraisal necessary? Can the
short form be used? In the event of a complex situation, should a complete "before and after" (full
narrative) report be prepared?, etc.
B. Nominal payment parcels, which do not require an appraisal, are listed in a report showing the
estimated value of the land and improvements based on sales contained in the project data book for
each parcel. The report prepared by the appraiser is submitted to the LAND CaMP ANY's
principals or other designated appraiser to determine the consistency of the suggested offering price
of each nominal parcel in relation to the sales data collected. Nominal offering price values are then
established.
C. An appraisal is performed in an appropriate format for each parcel with appraised damages
exceeding the minimum limits of value. Appraisal reports will conform to the standards set forth by
the Federal Highway Administration Guidelines and the state or local reviewing agency guidelines.
D. Upon completion, each appraisal is vigorously reviewed internally by the LAND
CaMP ANY'S principals to assure:
· The use of the proper appraisal format.
· The completeness of each appraisal report.
· The accuracy of each appraisal and its mathematical calculations are checked. Corrective
actions are taken, where necessary, to complete the process.
E. Offerings of compensation are developed for the entire project, and offering price reports are
submitted to City of Salina, for their review and approval. Upon approval of the offering price,
an offer letter is generated to hand deliver to the property owner. The offer letter contains the total
amount of the compensation and the itemized square footage or acreage of the proposed taking.
Allocations of damages are provided where needed, in each appraisal report where it applies.
Negotiations
A. The land acquisition agent is ultimately responsible for condensing a vast amount of
information from various project factions and adapting it to his discussions with the
landowner. The agent must be prepared to answer a wide range of landowner questions, as
well as recognize the limits of his knowledge and the need to obtain accurate answers.
Rapport with the landowner is facilitated by extending common courtesies and building a
credible relationship based on trnst throughout the negotiation process.
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B. The initial function of the land acquisition agent is to provide factual information concerning the
project at this primary acquisition interview. During subsequent negotiations, the owner is supplied
project related data necessary to fit into the knowledge he has previously acquired, and in sufficient
amount to make an effective positive decision concerning the project. The LAND CaMP ANY
and City of Salina, would review general requirements of work elements such as title research,
appraisals approaches, negotiation procedures, offers of landowner compensation, and relocation
and property management for each project.
I. This requires that the agent explain the general process by which the compensation was
formulated for the project. Typical discussion would include the guidelines used by land
value specialists, and the variables that make each acquisition unique.
II. The agent reiterates the location of the property and fee taking relative to property lines,
physical features, and strnctures. This land description review also provides the agent with
an opportunity to verify the accuracy of the title report included in the parcel file.
III. Attention is directed to the rights granted to the grantee by the instrnment at hand.
Items such as ingress and egress, maintenance of an right way on partial takings, land usage,
and damage payments, which are typical points needing to be discussed.
IV. The landowner is provided with an offer letter, including a specific price, date, and
signature of the authorized land acquisition agent. When presented, the offer of
compensation is stated in a brief and straight forward manner. Justification for the offer, or
a detailed explanation of the appraisal specifically prepared for the property is appropriate at
this time and, if necessary, may be discussed in the meeting.
V. Upon landowner acceptance of the offering price, releases, easement, grants, deeds, and
any other pertinent conveyance documents are executed for each parcel. Once the
Grantor(s) have executed the documents, the agent will arrange for compensation according
to procedures adopted by the acquiring agency for this particular project.
VI. In an event of a negative reaction to the offer, the agent will note specific objections to
the offer and assure the owner that more detailed information is available to discuss, includ-
ing appraisal(s) prepared for the property. Recommendations for administrative settlements
for amounts greater than the original offering price are submitted with requisite documents
for the consideration of the acquiring agency.
VII. If the landowners objections concern areas other than the offer of compensation, and
the agent is unable to solve the problem with the information provided, the objections will
be written down and sent in as well as telephoned in to City of Salina as discovered.
C. If amicable settlement is not reached through at least three in person negotiations with each
individual property owner. Then all files and documentation containing pertinent information
relative to each property, including information gathered by the land acquisition agent, facts
concerning the constrnction of the project as they relate to the property in question, and its effect on
the taking, the merits and weaknesses of the proposed taking, evaluated on a parcel by parcel basis,
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all information is then forwarded to the City for further evaluation. To clarify in person
negotiations such as email, faxes, teleconferences, texts, and voice mails these do not constitute an
in person negotiation. Even though several forms of communication exist today in all avenues of
communication are open to each property owner to respond effectively. As mentioned above, if the
property owner does not wish to reach an amicable settlement during the course of negotiations, for
whatever reason. The land acquisition agent will forward all of the negotiation information to the
City. Subsequently the information is evaluated at a settlement conference prior to filing legal
actions to acquire the property.
D. Reports of the negotiator's contacts with each property owner are maintained to document
negotiations, including: the names and identity of all present owners of record, specific landowner
needs, concerns, unanswered inquires, objections, etc.; offer to compensation and response; content
and nature of discussion; requests for unanswered inquiries, objections, etc.; offer of compensation
and response; content and nature of discussion; requests for assistance; date for future meetings;
opinion of prospects for voluntary agreement.
E. Project logs are maintained to track status for each parcel; biweekly or monthly project status
reports are provided if needed, or on a as needed basis to the acquiring agency unless otherwise
specified.
The LAND CaMP ANY will establish and maintain a professional working relationship with
any and all of the city's designees, and direct our company field personnel to establish and maintain
professional conduct in our contacts with landowners and the general public which will promote a
positive public image as representatives of City of Salina, and strongly adhere to specified time
frames and critical dates.
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Exhibit "B"
Project Schedule
Our firm is available to perform this project in 120 days.
Starting April 15TH
Project Initiation and Mobilization
Week
Initiate Landowner Contact
Research and Gather Area Comparable Sales Data
Correlate Comparable Market Sales Data
Forward Appraisal & Valuation Data to City
City Reviews Valuation Data and Authorizes Offers
Any Corrections or Modifications of Valuations
Make Written Offers to Landowners
Meeting with Landowners and Review Offers
1
1 Weeks
2 Weeks
2 Weeks
1 Week
1 Week
2 Weeks
2 Weeks
4 Weeks
Project Completed on August 15th
120 Days or 16 Weeks
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Exhibit "c"
Estimate of Costs
Fees On a Per Parcel Basis
List of Professional Fees for services as outlined in request for proposal.
Real Estate Appraisal
$425.00 per parcel
27 Parcels X $425.00 = $11,475.00
Land Acquisition and Negotiation Services $425.00 per parcel
27 Parcels X $425.00 = $11,475.00
*1 Eminent Domain Parcel (Estimated) X $7,000.00 = $7,000.00
Total Project Cost = $29,950.00
Additional Eminent Domain driven meetings are billed at the hourly rate below.
Real Estate Appraiser
Land Acquisition Agent
$95.00 / Per Hour
$75.00/ Per Hour
*Eminent Domain driven meetings, Administrative Settlements, and Settlement Conferences with
the Legal Department and Public Works Department are considered additional work. This is after
the initial scope of services has been fulfilled. Based on our firms past experience street
improvement projects that require additional right of way acquisition are acquired usually with a
high degree of success. Anywhere from 5 to 20 percent of those tracts just require this extra work.
Our experience tells us that an additional 60 to 80 hours of work should be budgeted for such
additional work. This work is subsequent to the original scope and is utilized to exhaust all efforts
to acquire the right of way and all necessary easements. This additional work is utilized to insure
the projects time line and integrity is protected. This additional hourly work will not be utilized if
possible but should be available for special circumstances to secure and protect the City of Salina
towards this project. ($6,000 to $7,000)
**Review Appraisal Fee does not appear to be applicable to this project.
***With the information that has been supplied to our firm, no easement acquisition or permanent
takings appear to exceed the $10,000 dollars threshold as set out in the KDOT guidelines, therefore
not requiring a Review Appraisal. No Review appraisal process was included in this bid proposal
but is available upon request.
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Exhibit D
Sec. 13-132. Affirmative action by contractors required.
(a) Any contractor entering into a contract with the city and such person's subcontractor shall take
affirmative action to insure that employees are treated equally without regard to their race, sex,
religion, age, color, national origin, ancestry or disability. Such affirmative action shall include, but not
be limited to, the following: Employment, upgrading, demotion or transfer, recruiting or recruitment,
advertising, layoff or termination, rates of payor other forms of compensation and selection for
training, including apprenticeship. The contractor and subcontractor shall agree to post, in
conspicuous places available to employees and applicants for employment, notices to be provided by
the director setting forth provisions of this article. The contractor and such person's subcontractors
shall provide all affirmative action information and necessary documents to implement the compliance
with the requirements of all federal, state and local laws and ordinances.
(b) It shall be no excuse that the employer has a collective bargaining agreement with any union
providing for exclusive referral or approval systems. The failure of the contractor or subcontractors to
comply with the requirements of this article shall be grounds for cancellation, termination, or
suspension of the contract, in whole or in part, by the board of commissioners with the contractor or
subcontractors until satisfactory proof with intent to comply will be submitted to and accepted by the
board of commissioners.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-133. Affirmative action plans.
Every contractor and subcontractor prior to entering into a contract with the city shall submit to the
director of human relations an acceptable written affirmative action plan which shall:
(1) Identify areas of employment, employment policies, and employment practices which require
action by the contractor or subcontractor to assure equal employment opportunity;
(2) Analyze these areas, policies and practices to determine what actions by said contractor or
subcontractor will be most effective;
(3) Establish a plan with goals and timetables designed to achieve equal employment opportunity;
and
(4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure that
it continues to be a valid plan.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-134. Exemptions.
The provisions of this article shall not apply to:
(1) Contractors or suppliers who would not be considered as an "employer" as defined in section
13-2;
(2) Contracts and subcontracts not exceeding twenty thousand dollars ($20,000.00); and
(3) Call type or purchase order agreements which do not exceed twenty thousand dollars
($20,000.00) in total per calendar year; provided, vendors, contractors and suppliers who will
supply or expect to supply the city with goods or services exceeding twenty thousand dollars
($20,000.00) during the subsequent calendar year not be exempt from the requirements of this
article;
provided, the above exemptions shall not conflict with applicable state or federal laws.
(Ord. No. 92-9493, ~ 1, 2-3-92)