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<br />EXHIBIT VIII-J, Cont.
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<br />TERMS AND CONDITIONS OF THE CONTRACT
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<br />1. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Firm shall fail to fulfill in
<br />a timely and proper manner its obligations under this Contract, or if the Firm shall violate any of the covenants,
<br />agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to
<br />terminate this Contract by giving written notice to the Firm of such termination and specifying the effective
<br />date thereof, at least five days before the effective date of such termination. In such event, all records and
<br />data, at the option of the Local Public Agency become its property.
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<br />Notwithstanding the above, the Firm shall not be relieved of liability to the Local Public Agency for damages
<br />sustained by the Local Public Agency by virtue of any breach of the Contract by the Firm, and the Local Public
<br />Agency may withhold any payments to the Firm for the purpose of set-off until such time as the exact amount
<br />of damages due the Local Public Agency from the Firm is determined.
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<br />2. REPORTS AND INFORMATION. The Firm, at such times and in such forms as the Local Public
<br />Agency may require, shall furnish the Local Public Agency such periodic reports as it may request pertaining
<br />to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be
<br />incurred in connection therewith, and any other matters covered by this Contract.
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<br />3. RECORDS AND AUDITS. The Firm shall maintain accounts and records, including personnel,
<br />property and financial records, adequate to identify and account for all costs pertaining to the Contract and
<br />such other records as may be deemed necessary by the Local Public Agency to assure proper accounting
<br />for all project funds. These records will be made available for audit purposes to the Local Public Agency or
<br />any authorized representative, and will be retained for three years after the expiration of this Contract unless
<br />permission to destroy them is granted by the Local Public Agency.
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<br />4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Firm agrees
<br />as follows:
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<br />a. The Firm will not discriminate against any employee or applicant for employment because
<br />of race, color, religion, sex. or national origin. The Firm will take affirmative action to ensure that applicants
<br />are employed and that employees are treated during employment without regard to their race, color, religion,
<br />sex, or national origin. Such action shall include, but not be limited to: employment, upgrading, demotion,
<br />or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
<br />compensation; and selection for training, including apprenticeship. The Firm agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided setting forth the
<br />provisions of this nondiscrimination clause.
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<br />b. The Firm will, in all solicitations or advertisements for employees placed by or on behalf of
<br />the Firm, state that all qualified applicants will receive consideration for employment without regard to race,
<br />creed, color, sex, or national origin.
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<br />c. The Firm will send to each labor union or representative of workers with which it has a
<br />collective bargaining agreement or other contract or understanding, a notice to be provided advising said labor
<br />union or workers' representatives of the Firm's commitments under this section, and shall post copies of the
<br />notice in conspicuous places available to employees and applicants for employment.
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<br />d. The Firm will comply with all provisions of Executive Order 11246 of September 24,1965,
<br />and of the rules, regulations, and relevant orders of the Secretary of Labor.
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<br />e. The Firm will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
<br />will permit access to such books, records, and accounts by the administering agency and the Secretary of
<br />Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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<br />f. In the event of the Firm's non-compliance with the non-discrimination clauses of this contract
<br />or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
<br />in whole or in part and the Firm may be declared ineligible for further Government contracts or federally
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<br />VIII-J-25 (Revised 5/99)
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