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HomeMy WebLinkAbout2023-4129DocuSign Envelope ID: C196376A-C6DE-4C46-9642-2C372D1B8F4E CONTRACT #2023-4129 MASTER SERVICES AGREEMENT THIS Master Services Agreement effective this 9th day of January 2023, by and between the City of Columbia Heights, MN (hereinafter referred to as the "Client"), and RESPEC Company, LLC a limited liability company organized and existing under the laws of the state of Minnesota with an office at 1935 County Road B2 W, Suite 230, Rosevile, MN 55113 (hereinafter referred to as the "Consultant"). WITNESSETH: The Client is a city in need of ongoing Geographic Information Science (GIS) services and consulting. This Master Services Agreement is agreed such that the Consultant can provide technical support, GIS services (the "Services") and other related services in support of Client's operations and in providing services to Client's staff and citizens. NOW, THEREFORE, the parties hereby agree as follows: Performance of the Work. a. The Consultant shall provide all labor and materials necessary to provide GIS services as more fully described in any Task Orders referencing this Master Services Agreement and signed by the parties (hereinafter referred to as the "Work" or "Work Product"). Any change in the Work shall be authorized in writing by a Separate Task Order or Change Order and the adjustment to the consideration to be paid Consultant and/or the time for completion of the Work as determined by mutual acceptance. b. Any Work associated with associated Task Orders shall identify specific schedules of the related work activities. The Consultant is expected to perform the Work in conformance with the specifications provided by the Task Order and the Client. c. Consultant may, at Consultant's own expense, employ such persons as Consultant deems necessary to complete the Work; provided that prior to employing such persons, Consultant enters into written agreements with each, containing terms that are substantially similar to those in this Master Services Agreement, or certain Task Orders (if applicable) and all terms necessary for both Consultant and its personnel to comply with this Master Services Agreement, including but not limited to, ownership of Work and Confidentiality. Consultant assumes full and sole responsibility for the payment of all compensation and expenses of Consultant's personnel, and for all national, provincial, state and federal income tax, unemployment insurance, Social Security, social welfare, disability insurance and other applicable withholdings. Consultant is responsible for all acts and omissions of its personnel as if performed by Consultant. Consultant will indemnify and/or compensate Client for any claim based on amounts owed to Consultant's personnel. d. In the event Consultant believes, in its sole discretion, that the Work goes beyond the scope of Services originally contemplated in this Agreement, Consultant and Client shall request an amendment to the Agreement in writing and executed by both Parties. e. Upon Consultant's completion of Work or delivery of Work Product as set forth in the Task Orders, Client shall have thirty (30) days to notify Consultant in writing of any nonconformance of the Work or Work Product under this Agreement. If Client does not notify Consultant in Master Services Agreement (DTS) // 1 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1 B8F4E writing within thirty (30) days of completion or delivery of the Work or Work Product of any nonconformance, the Client shall have accepted delivery of the Work or Work Product. In the event Client notifies Consultant of nonconformance within thirty (30) days of completion or delivery of the Work or Work Product, Consultant shall have thirty (30) days to remedy the nonconformance. 2. Commencement and Term. a. The Master Services Agreement shall commence on the Effective Date and shall end one (1) year thereafter unless otherwise terminated as specified herein. The Master Services Agreement will automatically renew annually unless either party notifies the other in writing of its intention not to renew this Master Services Agreement in writing at least 30 days prior to the end of the then -current term. Client may terminate any Task Order for its convenience on thirty (30) days prior written notice ("Notification Period") to Consultant. In the event of termination for convenience by Client, Client shall pay all outstanding invoices, including invoices for Work performed by Consultant during the Notification Period, immediately upon the effective termination date. b. Either party may terminate this Master Services Agreement if the other party: (i) fails to cure any breach of this Master Services Agreement within thirty (30) days of the non -breaching party's written notice of such breach, (ii) ceases to do business in the ordinary course; or (iii) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within ninety (90) days). c. Upon the expiration or termination of this Master Services Agreement or any Task Order for any reason: (i) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration; and (ii) Consultant will promptly notify Client of all (i) Confidential Information and (ii) materials, data, and information arising as a result of the Work ("Work Product") in Consultant's possession (regardless of state of completion) and, at the expense of Consultant and in accordance with Client's instructions, will promptly deliver to Client all such Confidential Information and/or Work Product (or at Client's request, securely destroy such information). Any obligations and duties which by their nature extend beyond the expiration or termination of this Master Services Agreement shall survive such expiration or termination. Consideration. a. For the successful completion of the Work, the Consultant shall be paid amounts on a time and materials basis or on a fixed -price lump sum basis as more fully described in the related Task Orders. Consultant will receive no royalty or other remuneration on the production or distribution of any products developed by Client in connection with or based on the Work performed or Work Product created. All fees are in U.S. dollars and are inclusive of taxes. b. Unless otherwise specified in a Task Order, hourly rates for will be invoiced based on the price list attached as Appendix C. Client shall reimburse Consultant for reasonable, out of pocket expenses incurred by Consultant on behalf of Client in performing the Work provided that such expenses are pre -approved in writing by Client or are described in the Task Order. All airline travel shall be in accordance with Client's then -current travel policy (e.g., economy class). Supporting documentation (e.g., copies of receipts) shall accompany any invoice for reimbursement of expenses (including air, taxi, hotel, rental car and meals). Master Services Agreement (DTS) // 2 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1B8F4E c. Payment to the Consultant shall be thirty (30) days after receipt of an invoice from the Consultant. Invoices will be submitted monthly or as otherwise specified in the Task Order. The invoice will be in the format as specified by the Client and shall contain at a minimum, the time period, and description of services provided. The invoice shall be submitted to the Client's Delegated Representative. Client may withhold payment on any disputed amounts (which Client identifies to Consultant) and the parties will work in good faith to resolve such disputes promptly. d. Client's payment of an invoice to Consultant shall be deemed an acceptance of the services provided in such invoice. In the event Client wishes to inform Consultant of any nonconformance of the Work or Services, Client must do so in writing prior to payment of the relevant invoice. e. Consultant shall maintain complete and accurate accounting records in accordance with sound accounting practices and all applicable laws so as to substantiate the fees and performance under this Master Services Agreement. Such records may include payroll records, job cards, attendance cards and job summaries. Consultant shall preserve such records for a period of at least five (5) years after completion of the pertinent SOW. Client shall have access to such records for purposes of audit through an accounting firm selected and paid for by Client. Any such review of Consultant's records shall be conducted at reasonable times, and not more than once annually, during normal business hours. 4. Delegation of Authorit . The following personnel are hereby authorized to act as official representatives for the specific purposes shown. Additional personnel may be authorized in individual Task Orders. Clients Contracting Representative Jim Hauth 637 38th Ave. NE Columbia Heights, MN 55421 763.706.3711 J Hauth(o)columbiaheigiitsmn.gov Consultant's Contracting Representative Patrick Baldwin 1935 County Road B2 West Roseville, MN 55113 612.964.4425 Patrick.Baldwin res ec.com Authori Approve and issue change orders. Assign work, approve invoices, and time records, inspect and accept work in process or completed, furnish technical operating procedures and liaison Authori Approve and issue change orders. Assign work, approve invoices, and time records, inspect and accept work in process or completed, furnish technical operating procedures and liaison. 5. Safety Precautions. In performing the Work, the Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful authorities or any public authority having jurisdiction for the safety of persons or property. 6. Confidentiality. a. "Confidential Information" means that information and know-how (including but not limited to all code, inventions, algorithms, ideas, and all other business, technical, and financial information) of Client or its customers or vendors which is disclosed to Consultant pursuant to this Master Services Agreement or which is created by Consultant in connection with its performance of Master Services Agreement (DTS) // 3 DocuSign Envelope ID: C1 96376A-C6DE-4C46-9B42-2C372D1 B8F4E the Work. Consultant shall maintain the confidentiality of the Confidential information using at least the same efforts as it uses to maintain the confidentiality of its own Confidential Information, but no less than reasonable care. Consultant shall ensure that access to the Confidential Information shall only be provided to those individuals who need to know such information and who have signed a non -disclosure agreement with terms no less restrictive than those herein. Consultant agrees not to copy, alter, decompile, disassemble, reverse engineer, or otherwise modify (except with Client's prior written consent) any Confidential Information. The mingling of the Confidential Information with Consultant's information shall not affect the confidential nature or ownership of the same as stated hereunder. The confidentiality restrictions and obligations imposed by this Section 6 shall terminate five (5) years after the expiration of the termination or expiration of this Master Services Agreement, except with respect to trade secret information, in which event such obligation shall remain until such information is no longer deemed a trade secret. Confidential Information shall not be used by Consultant other than in connection with the performance of Consultant's obligations hereunder. All Confidential Information is and shall remain the property of Client. Nothing herein shall be construed as granting or conferring any right by license or otherwise in the Confidential Information except as specifically provided for herein. b. Confidential Information shall not include information that: (i) is in or enters the public domain without breach of this Master Services Agreement, (ii) Consultant receives from a third party who is entitled to disclose such information without restriction on disclosure and without breach of a nondisclosure obligation, (iii) Consultant develops independently without reference to or use of the Confidential Information. Nothing in this Master Services Agreement shall prevent Consultant from disclosing Confidential Information to the extent Consultant is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction; provided, however, that prior to any such disclosure, Consultant shall (x) assert the confidential nature of the Confidential Information to the agency; (y) immediately notify Client in writing of the agency's order or request to disclose (to the extent lawfully permitted); and (z) cooperate fully with Client in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. c. In accordance with performing Work hereunder, Consultant may receive access to Client's or its customers' computers and electronic communications networks and systems ("Systems"), including but not limited to voicemail, email, databases, and internet and intranet systems. Access to such Systems are intended for legitimate business use and or related to the fulfillment of this Master Services Agreement and each Task Order. Consultant acknowledges that Consultant has no expectation of privacy regarding the use of such Systems and that all use of or access to such Systems made by or on behalf of Consultant are subject to Client's scrutiny. Client reserves the right, for business purposes, to monitor, review, audit, intercept, access, and/or archive materials sent over, received by or from, or stored in any of its Systems. Client reserves the right to override any security passwords to obtain access to voicemail, email, computer (and software or other applications) and/or computer disks on its Systems. Consultant also acknowledges that Client reserves the right, for any business purposes, to search all work areas and all personal items brought onto Client's property including but not limited to items used to access such Systems to the extent permitted by law. Publications. The Consultant shall not publish or publicly disseminate any information or data derived or obtained from or in connection with any services rendered hereunder, except with the prior written consent of the Client. Master Services Agreement (DTS) // 4 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372DiB8F4E Proprietary Information. The Consultant shall not directly or indirectly disclose to any third person or use for the benefit of the Consultant or any other party, either during or after the term of the Contract, any secret or proprietary information of the Client, whether relating to the work performed hereunder or to the business and affairs of the Client, or any client of the Client, including the Client's manuals or procedures, without the prior written consent of the Client. "Technical Data" shall include all evaluations, reports, records, and other work products relating hereto or produced by the Consultant pursuant to this Contract shall be considered technical data and subject to this Section. 9_ Intellectual Property Rights. The Consultant is and will be the sole and exclusive owner of all right, title, and interest throughout the world in and to all Pre -Existing Materials, including Intellectual Property Rights therein. All Work Product shall become the property of Client, provided that Client performs all duties and obligations under this Agreement, including but not limited to prompt payment of all sums due under this Agreement. For purposes of this Agreement: a. "Intellectual Property Rights" means any and all rights arising in the US or any other jurisdiction throughout the world in and to (a) patents, patent disclosures, and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, and other similar designations of source or origin, together with the goodwill symbolized by any of the foregoing, (c) copyrights and works of authorship (whether copyrightable or not), including computer programs, and rights in data and databases, (d) trade secrets, know-how, and other confidential or proprietary information, and (e) all other intellectual property, in each case whether registered or unregistered, and including all registrations and applications for such rights and renewals or extensions thereof, and all similar or equivalent rights or forms of protection in any part of the world. The parties acknowledge and agree that Consultant shall retain ownership of all preexisting Intellectual Property Rights, inclusive of but not limited to all materials, proprietary methodologies and other creative tangible forms of expression created or owned by Consultant prior to commencement of this Agreement and used in connection with this Agreement and/or incorporated into the services the "Pre -Existing Materials" including but not limited to drawings, specifications, calculations, maps, reports, photographs, samples and other documents whether existing in tangible or electronic form. Consultant retains ownership of its Pre -Existing Materials processes, procedures, know-how and other Intellectual Property Rights pertaining to its ability to continue the same or similar work with existing and future clients and customers. b. "Work Product" means the deliverables and all other writings, technology, inventions, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, modified, conceived, or reduced to practice by, or on behalf of, Client solely orjointly with the Company or others (i) in the course of performing the Services or other work performed by or on behalf of Client in connection with the Services, the Work, or this Agreement or (ii) at any time during the Term or the six month period after expiration or termination of this Agreement based on, derived from, or otherwise using the Client's Confidential Information or Client Materials or resulting from any use of the Client's facilities, personnel, or other resources, and all printed, physical, and electronic copies and other tangible embodiments of any of the foregoing. Consultant shall be entitled to retain copies of such materials for its files and records. c. "Work Product Indemnity" Client agrees to waive any and all claims against the Consultant and to defend, indemnify and hold the Consultant harmless from and against any and all claims, losses, liabilities and damages arising out of or resulting from the unauthorized use, reuse or Master Services Agreement QTS) // 5 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1 B8F4E alteration of the Consultant's designs, drawings and specifications constituting the Work Product hereunder. 10. Standard of Care. Consultant shall provide professional services necessary to complete the Work consistent with that level of skill and care ordinarily exercised by members of the Consultant's profession for a project of a similar size, scope, and complexity in a similar geographic location at the time the services are provided and consistent with all applicable local, state, and federal laws and regulations. No other warranty or representation about the performance of the Work, express or implied, is intended or included in this Agreement or in any other document or report furnished by Consultant. 11. Insurance. If the Task Order includes work to be performed on the premises of the Client or the project site(s), then the Consultant shall purchase and maintain such insurance as will protect it from the following claims which may arise out of or result from its operations hereunder (whether by itself, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable): claims under workmen's compensation, disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease, or death, of its employees or any other person; claims coverage which are sustained by any person as a result of the Consultant; and claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. The insurance requirements are shown in Attachment A. For Work at a customer of Client's location, additional requirements may be required as described in a Task Order. 12. Limitation of Liability. Consultant's total liability to Client for all claims or suits of any kind, whether based upon contract, tort (including negligence), warranty, strict liability, or otherwise, for any losses, damages, costs or expenses of any kind whatsoever arising out of, resulting from, or related to the performance or breach under a Task Order of this Agreement shall, under no circumstances, exceed the fees paid and/or due and payable under such Task Order. Consultant shall not, under any circumstances, be liable for any special, exemplary, indirect, incidental, cover, punitive, or consequential losses or damages, costs, or expenses whatsoever, including loss of use, revenue or profit, arising in contract, warranty or in tort (including negligence) or any other legal theory, even if Company has been advised of the possibility of same. Notwithstanding the foregoing, nothing herein shall limit or exclude Consultant's liability for losses or damages that cannot be limited as a matter of law. 13. Indemnification. a. Indemnification of Consultant. The Client agrees to indemnify Consultant and hold Consultant harmless from any claims, judgments, costs and expenses (including reasonable attorney's fees where recoverable by law), to the extent caused by: i. any claim asserted by any third party against Consultant relating to the Work, provided however such indemnity shall not apply where Consultant has deliberately or willfully caused such damage or is found to be grossly negligent in the delivery of the Work; ii. any personal injury, including death, or property damage to the extent caused by the negligence and/or willful misconduct of the Client or its employees or agents; and/or iii. breach of this Agreement by the Client or its employees or agents. b. Indemnification of Client. Consultant agrees to indemnify Client and hold Client harmless from any third party claims, judgments, losses and damages (including reasonable attorneys fees where recoverable by law), to the extent caused by: Master Services Agreement (DTS) // 6 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1B8F4E L any personal injury, including death, or property damage to the extent caused by the negligence and/or willful misconduct of Consultant or its employees or agents; and/or ii. breach of this Agreement by Consultant or its employees or agents. 14. Non -Solicitation of Employees. Client hereby agrees that during the Term and for a period of one (1) year after the expiration or earlier termination of the Term, without obtaining the prior written consent of the Consultant, Client, nor any of Client's affiliates or representatives shall directly or indirectly, for itself or on behalf of another person or entity ("Restricted Person"), solicit for employment or otherwise induce, influence, or encourage to terminate employment with the Client or any of its affiliates or subsidiaries, any of Consultant's employees with whom the Restricted Person had contact or who became known to the Restricted Person in connection with this Agreement. 15. Disputes. A Any dispute arising hereunder shall first be resolved by taking the following steps where a successive step is taken if the issue is not resolved at the preceding step: (1) by the technical and contractual personnel for each party performing this Master Services Agreement, (2) by executive management of each party, (3) by mediation, or (4) by litigation. Notwithstanding the dispute, Consultant shall continue to perform its obligations and shall be entitled to payment therefor, unless Client terminates or otherwise suspends performance hereunder. The foregoing shall not apply to disputes where injunctive or other equitable relief may be sought. Each party shall be responsible for its own attorney fees and court costs. 16. Force Ma-eure. Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. 17. Conflicts of Interest. Consultant represents that it has full authority to enter into this Master Services Agreement, and that Consultant has no contractual obligation with third parties in conflict herewith. 18. Time. The performance of this Work is required on a timely basis to meet the Client's time schedule. 19, Applicable Law. This Master Services Agreement shall be governed by the laws of the state of Minnesota, excluding its conflict of laws rules. Consultant has no authority to enter into any agreement or to incur any obligation on behalf of Client or commit Client in any manner. As an independent contractor, the Consultant is responsible to provide Client with a valid Federal Tax Identification. 20. Integration. The Consultant shall perform the work in accordance with the specific requirements and any specifications set forth in any Task Order and the clauses and provisions listed below, attached hereto, incorporated herein, and considered a firm part of this Master Services Agreement. 1. Attachment A —Insurance Requirements 2. Attachment B—General Provisions Master Services Agreement (DTS) // 7 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1B8F4E 21. Entire Agreement. This Master Services Agreement, including all Task Orders, constitutes the entire understanding between the parties with respect to the subject matter hereof. This Master Services Agreement may be modified by subsequent written addenda mutually agreeable to both parties. In the event of a conflict between this Master Services Agreement and the General Provisions, the terms of this Master Services Agreement shall control. 22. AS ai) ent. Neither party shall assign this Master Services Agreement without the written consent of the other, provided, however, that Client may assign this Agreement in connection with a merger or other business combination or sale of substantially all of the assets of Client where Client is not the surviving entity. 23. Notices. All notices, requests and other communications hereunder shall be in writing, and shall be considered given when (a) delivered personally, (b) sent by confirmed facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail, to the contacts specified in Section 4. IN WITNESS WHEREOF, the parties hereto have signed their respective names on the date first above written. City of Columbia Heights RESPEC Company, LLC 5�1-5 uS3gned by: Docu$igned by:+ J By k R - ll ByFatyu�jA�wa . d=BE98e7EF144)5 Signature 71AEMEW3041D Signature Printed Name: James M Hauth Title Public works superintendent Date 1/11/2023 Printed Name Patrick Bal dwi n utilitiefttle GIs Analyst Date 1/9/2023 Master Services Agreement (DTS) // 8 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1 B8F4E ATTACHMENT INSURANCE REQUIREMENTS Consultant must furnish Client with a Proof of Insurance with the following coverage. 1. General Liability of not less than $1,000,000 each occurrence 2. Automobile Liability of not less than $1,000,000 each occurrence 3. Bodily Injury and Property Damage Liability of not less than $1,000,000 each occurrence 4. Workers Compensation and Employers Liability Insurance of $1,000,000 each accident 5. Professional Liability of $2,000,000 in the aggregate. Master Services Agreement (DTS) // A-1 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1 B8F4E ATTACHMENT R GENERAL PROVISIONS The price or prices in this Agreement are not subject to change by the Consultant, and no additional charges may be added to the price or prices in this Agreement unless agreed to by the Client in writing. All material, equipment, merchandise, and services furnished under this Agreement shall be subject to the approval of the Client, and the Consultant shall furnish any required submittal data, material, and equipment for such approval. All material, equipment, merchandise, and services furnished hereunder shall be in accordance with the contract documents, including plans, specifications, general and special conditions, applicable to the Client, and such specifications or technical data shall be deemed incorporated herein by this reference as if fully set forth. Consultant will comply with said specifications and technical data and agrees to be bound thereby in furnishing the material, equipment, merchandise, and services under this Agreement. The Consultant shall, upon the Client's request, promptly submit a copy of all drawings, data, and specifications to the Client. 3. If the Consultant for any reason does not substantially comply with the Client's delivery schedule, the Client, at its option, may either approve a revised schedule or terminate this Agreement without liability to Consultant on account thereof except for services previously performed by the Consultant and without prejudice to any other rights the Client may have on account of the Consultant's default. The Client reserves the right to suspend or cancel services under this Agreement in the event of fire, strikes, or accidents at the Client's plants, discontinuance or substantial reduction in funding or work effort related to this Agreement from the Client's contracting agency or entity, or any other contingency of like or different nature beyond the Client's control. The Consultant will comply with all federal, state, county, and municipal laws, regulations, ordinances, and enactments in connection with its performance under this Master Services Agreement. 6. If the Consultant ceases to conduct its operations in the normal course of business, including liability to meet its obligations as they mature, or if any proceeding under the bankruptcy or insolvency laws is brought by or against the Consultant, or a receiver for the Consultant is appointed or applied for, or an assignment for the benefit of creditors is made by the Consultant, the Client may terminate this Agreement without liability except for services previously performed by the Consultant. It is expressly understood that the Consultant is an independent contractor. The actual performance and superintendence of all work hereunder shall be by the Consultant and its Professional Associates, provided, however, the Client, being interested in the results to be obtained, is authorized to designate a representative or representatives, who shall at all times have access to the location where the work is to be performed for the purposes of observing and inspecting same and provided further that such work shall be performed in accordance with this Agreement. Master Services Agreement (DTS) // B-1 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1B8F4E EQUAL EMPLOYMENT OPPORTUNITY. Unless exempt by the provisions of Executive Order 11246, as amended, and FAR Section 22.810, the Consultant shall comply with paragraphs (1) through (7) of Section 202 of Executive Order 11246 and the clause set forth in FAR Section 52.222-26. AFFIRMATIVE ACTION FOR REPORTING FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS. Consultant agrees to comply with the rules regulations and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, and the clauses set forth in FAR Sections 52.222-35 and 52.222-37. 10. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. Consultant agrees to comply with the rules regulations and relevant orders of the Secretary of Labor issued under the Rehabilitation Act of 1973, as amended, and the clause set forth in FAR Section 52.222-36. Master Services Agreement (DTS) // B-2 DocuSign Envelope ID: C196376A-C6DE-4C46-9B42-2C372D1 B8F4E ATTACHMENT C HOURLY RATES RESPEC RATE CARD Role Description / Responsibilities Hourly Rate Responsible for implementing the strategic technical objectives of the project. Principal Consultant Leads a team of consultants and developers who may be required during the $125 project. Senior level Billing Expert with excellent technical skills written and verbal communication skills and strong attention to detail. Master Services Agreement (DTS) H C-1