1995-102-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 95-017

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4. The Department, St. :~troller of Public ACCDlrIts, State Aut .S Office, or any of their duly authorized represent..,ives, shell heve .accesa to any books, doc:uuents, papers, and recorda of the sponsor which Irl pertinent to I specific project for thl pol."..1 of moklng ludits, ......ination. excerpts and transcripts. I. Project Tenafnation ,. Th. Deportment lilY t"""",rlrlly .usperd TRPA I.sisuncl <rod.r the project perding corrective .ction by the sponsor or perding I docilion to t.rminatl the gront by the Deportment. 2. The sponSor may ""neterally teraaiNlte the project at any tf.. prior to the first payment on the project. After the initial payment, the project _y be terminated, llIOC1ified, or emended by the sponsor only by IUtuol Igreement with the Deportlllent. 3. The Deperunent _y tel"lllinate the project in whole, or In part, at any time before the date of coq:tletion, whenever it fa determined that the sponsor has failed to cCIn'f)ly with the conditions of the gront. The Deportlllent will pr~tly notify the sponsor In writing of the determination oncI the reasons for tennination, together with the effective date. Plyment. made to the sponsor or recoveries by the Deperunent Lrlder projects tenainated for cause shall be in accord with the legal right. and liabil Ities of the parties. 4. The Department or sponsor _y te,..inate grants in whole, or in part, at e/T'f thne before the date of e:oq:tletion, when both parties agree that the contin..&ation of the project would not prodJce beneficial results coamensurate with the further expenditure of fU'ds. The two parties shill agree ~ the termination conditions, Including the effective date oncI, In the case of partial termination. the portions to be teminated. The sponsor shall not incur new obl igations for the tenainated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department may allow full credit to the sponsor for the State share of the non-cancelable obliuations, properly incurred by the sponsor. pending written receipt of the detemination and the reasons for tenaination, together with the effective date. Payments In8de to the sponsor or recoveries by the Department U"lder projects teMllinated for cause shill be in accord with the legal rights oncI liabilities of the parties. 5. Termination either for cause or for convenience requires that the project In question be brOUflht to I state of recreational usefulness agreed upon by the sponsor and the Department, or that all funds provided by the Deportllllnt be returned. J. Noncompliance In the event that the sponsor does not cCIq)ly with provisions as set forth in the grant contract Igreement and Procedural Guide regarding both active project CCIrq)lfance and CClII'C)lfance at previously aaalsted grant sites, the following actions /lIlY bt taken: 1. The Department MY withhold paysaent to the sponsor: 2. Th. DeporU*lt moy withhold Ictlon on pending projects proposed by the sponsor: 3. If the above Ictions do not achieve progr_ ccxrplfance, the Depart:lDent IDlY involve the State Attorney General's Office, pursuant to Section 24 of the Parks' Yfldllfe Code. . . . . . . . . . . . I hlv. r..d the General Provisions oncI..-.derstoncl that the project sponsor which I represent will be responsible for ~lfance with the above conditions IS I result of the receipt of grant Issistance frcn the Texas Recreation l Parks Account Program. It is also understood that the General provisions are pert of the grant contract lureement. Signature of Official Authorized in Resolution Michael E. Malone, City Manager of Paris (Name end Tltlel ~ - S'-f)" (Dati) (Page 4 of 4)