1991-117-RES WHEREAS, funding is available through a special purpose grant to Ark-Tex Council of Governments

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Breach of Contract The local governing body shall be ultimately responsible for the creation of the jobs proposed in the application. In the case of default of the business for job creation, the local governing bOdy shall make every effort to ensure that the proposed jobs are created. These efforts must be approved by ATCOG during the contract period. ATCOG shall deem the local governing body to have breached its contract, regardless of the fact that the breach was precipitated by the business, to the extent that the jobs specified in its contract with A TCOG were not created and the local government therefore failed to perform its contractual obligations. Minoritv Particioation ATCOG encourages minority participation and will assist communities to identify potential minority contractors and subcontractors. Citizen Particioation The applicant must comply with the following citizen participation requirements in the event that the applicant receives funding from the EDIGP. 1. The applicant must hold a public hearing concerning any activity and any substantial change to that activity, as determined by ATCOG, proposed to be made in the use of the EDIGP funds. 2. Upon completion of the EOIGP activities, the applicant shall hold a public hearing and review its program performance including the actual use of the EDIGP funds. 3. The applicant must retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three years after the project is closed out. Such records must be made available to the public in accordance with Texas Civil Statutes, Article 6252-17a. Public Hearina Provisions For each public hearing scheduled and conducted by an EDIGP applicant, the following public hearing provision shall be observed: 1. Public notice of all hearings must be published at least three (3) calendar days prior to the scheduled hearing. The public notice must be published in a non-legal section of a local newspaper. Each public notice must include the date, time, location and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings. 9