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<br />1. Contractor shall subrTl.. certification from Contractor's Independent Auditor that its fiscal control <br />and fund accounting procedures are adequate to assure proper disbursal of and accounting for <br />funds provided under this contract or a copy of Contractor's previous fiscal year single audit report <br />dated with 18 months prior to the effective date of this contract. <br /> <br />2. Department shall not be liable to Contractor for any costs incurred by Contractor under this <br />contract until Department receives a properly completed Depository/Authorized Signatars <br />Designation form, as specified by Department, from Contractor. <br /> <br />3. A copy of the administration contract or a letter signed by the authorized representative clearly <br />stating that Contractor shall perform the administration with its own staff. The administration <br />contract shall specifically define the scope of services to be provided. <br /> <br />4. Receipt, review, and acceptance of a revised Table 2 detailing the total subdivision <br />infrastructure costs, produced and certified by a licensed, third-party engineer. <br /> <br />B. Contractor shall satisfy the following Special Conditions prior to the release of contract funds, <br />excluding funds budgeted for engineering and administration. <br /> <br />1. Contractor shall submit to Department a copy of its executed agreement with Housing <br />j\ssociates, Incorporated, responsible for the housing component under this contract (sometimes <br />hereinafter referred to as "HAl"). Such documents shall detail the terms and conditions, including <br />the following: <br /> <br />a. A provision requiring sixty percent (60%) or more of the housing units constructed be <br />owned and occupied by low and moderate income persons. <br /> <br />b. The activities to be performed by Contractor and HAl, as specified in Exhibit A, <br />Performance Statement, of this contract. <br /> <br />c. Provisions requiring HAl to repay Contractor for contract funds expended in the event HAl <br />does not fulfill its responsibility under the agreement. <br /> <br />d. A condition requiring Contractor to make quarterly on-site visits to the project site to <br />assess/monitor the progress toward the project and requiring HAl to provide to local officials at <br />the time of on-site visits information regarding the housing units and any other information <br />deemed necessary by Contractor to administer this contract. <br /> <br />e. Provisions requiring records to be kept and reports to be made regarding the <br />documentation of low and moderate income benefit and beneficiaries by race, ethnicity, <br />gender, and handicap status in the same manner and to the same extent as Department <br />requires of Contractor; and <br /> <br />f. Any other relevant details of special conditions placed on the contract. <br /> <br />2. Contractor shall not advertise or solicit bids for funded under this contract until Contractor has <br />received the applicable prevailing wage rates from Department. <br /> <br />3. Prior to Department's release of funds for the construction of the water system improvements <br />described in Exhibit A, Performance Statement, of this contract, Contractor shall provide <br />certification to Department that plans, specifications, and related documents for its water system <br />improvements have been prepared by a registered professional engineer and that the review of <br />such plans, specifications, and related documents meet the applicable Texas Natural Resource <br />Conservation Commission review requirements described in Title 30 of the Texas Administrative <br />Code, Chapter 290 (30 TAC 290.39). <br /> <br />Page 11 of 13 <br />