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1996-105-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 96-029 AUTHORIZED RESOLUTION NO. 96-105 WHEREAS, the City council of the City of Paris did heretofore, in Resolution No, 96-029, authorize an application to be made to the Texas Department of Housing and Community Affairs for the Community Development Fund Grant under the Texas Community Development Program; and, WHEREAS, the Texas Department of Housing and Community Affairs has issued its Contract Award, entitled, "TCDP CONTRACT NO. 716641 for the year beginning August 23, 1996, ending August 22, 1998, in the amount of $250,000.00 requiring $114,520.00 to be provided by the City of Paris in the form of local funds from the Water and Sewer Fund, and $34,026.00 of in-kind engineering-architectural services and general administration; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant A ward for sanitary sewer mains to serve the residents on FM 79, 18th St. N.W., 19th St. N.W. and Butler Lane, north of Loop 286 N.W. in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O}' PARIS; that the Texas Community Development Program grant award in the amount of $250,000.00 requiring $114,520.00 to be provided by the City of Paris in the form of local funds from the Water and Sewer Fund, and $34,026.00 of in-kind engineering-architectural services and general administration, for sanitary sewer mains to serve the residence on FM 79, 18th St. N.W., 19th St. N.W. and Butler Lane, north of Loop 286 N.W., be, and the same is hereby accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the TCDP Contract NO. 716641 in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 10th day of October, 199 :;:> ---:::> Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City CI APPROVED A , , TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS STATE OF TEXAS] COUNTY OF TRAVIS ] SECTION 1 PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and the City of Paris, hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on August 23, 1996, and shall terminate on August 22, 1998, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Department, a community development program, hereinafter sometimes referred to as CDBG, in a non-entitlement area under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act and the implementing regulations at 24 C.F.R. Part 570, hereinafter, referred to as the Regulations. Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Project Implementation Schedule, hereinafter referred to as Exhibit C: the Applicable Laws and Regulations, hereinafter referred to as Exhibit D; the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liabilitv In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such Page 1 of 12 EXHIBIT A I; , , fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. 2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Department or Contractor. 3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6 (B) of this contract. 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Certificate of Completion referred to in Section 8 (C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract, except as may be specifically set forth in Exhibit B, Budget, of this contract. ' 7. Department shall not be liable for costs incurred and reserved on the Certificate of Completion if such costs are not billed to Department within twelve months after the end of Contractor's fiscal year that follows the termination date of this contract. Funds not requested will be deobligated by Department. B. Excess Payments Contractor shall refund to Department any sum of money which has been paid to Contractor by Department, which Department determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made by Contractor to Department within thirty (30) working days after such refund is requested by Department. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by Department under this contract shall not exceed the sum of Two Hundred Fifty Thousand and No\100 Dollars ($250,000). SECTION 5. METHOD OF PAYMENT A. Contractor shall submit to Department at its offices in Travis County, Texas, a properly completed Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually needed. Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until Department has reviewed and approved such Request. B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in accord Page 2 of 12 i, with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as soon as administratively possible, C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligations under this contract D, It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6, UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES, AND PROGRAM INCOME A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the Regulations and, for matters not addressed therein, with Office of Management and Budget (OMB) Circular A-102, as revised January 1981, in performing this contract The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A-87, as supplemented by the rules promulgated by the Office of the Governor under the Uniform Grant and Contract Management Act of 1981 (TEX. GOV'T. CODE ANN. Chapter 783), and this contract. B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to account for program income related to activities financed in whole or in part with funds provided under this contract. 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract, and Contractor shall provide reports of program income to Department with each form submitted by Contractor in accordance with Section 5 of this contract, and at the termination of this contract. 2. Program income earned by Contractor during the period of this contract shall be retained by Contractor and utilized by Contractor to fund performances specified in this contract, in the manner specified hereunder, prior to requesting additional funds from Department. 3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to Department for its approval which specifies the manner in which Contractor proposes to use any unexpended program income earned under this contract to continue the performance specified in this contract in the manner specified hereunder. Any program income earned by the Contractor from this contract, prior to the establishment and approval of a Revolving loan Fund plan by Contractor must be returned to Department. In the event Department does not approve the plan submitted by Contractor, Contractor shall return such program income to Department within thirty (30) working days after receipt of Department's notification of disapproval. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this contract. Such records must include data on the racial, ethnic, and Page 3 of 12 I, gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three years from closeout of this contract or the period required by other applicable laws and regulations as described in the Regulations. B. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining to this contract. Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Law. C. Contractor shall include the substance of this Section 7 in all subcontracts. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall submit to Department such reports on the operation and performance of this contract as may be required by Department including but not limited to the reports specified in this Section 8. B. Contractor shall submit to Department no later than the twentieth (20th 1 day of the month after the end of each calendar Quarter of the contract period specified in Section 2 a Quarterly Pro&lress Report of the orogress, in narrative form, of all construction and nonconstruction activities by budget categories performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget category made pursuant to Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be in a format prescribed by Department and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. Contractor shall submit a Certificate of Completion to Department no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities as determined by Department. The Certificate of Completion shall be in a format prescribed by Department and shall include a final Project Completion Report of all activities performed under this contract. D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on-site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract, After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings, If the monitoring reports notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Contractor. Failure by Contractor to Page 4 of 12 I. take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way. incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for, subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining Department's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Contractor has obtained Department's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into, such subcontracts, Department is in no way liable to Contractor's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain Department's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor. Department's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. C. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract. D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until Department determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: 1) The employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter 171, Local Government Code, B. In all cases not governed by Subsection (A) of this Section, no persons specified in subsection (C) of this Section who exercise or have exercised any functions or responsibilities with respect to the Page 5 of 12 I, activities assisted under this contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor, D. Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or be denied access to any program or activity funded in whole or in part with funds made available under this contract. 8. None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this contract, shall be used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship, Contractor shall comply with regulations promulgated by the U.S. Department of Housing and Urban Development at 24C.F.R. Sec. 570.2000). SECTION 14. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 14, SECTION 15, LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to be reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. Page 6 of 12 I, SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the Regulations, the assurances and certifications made to Department by Contractor, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operation of the Texas Community Development Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract are amended by the provisions of the TCDP Proiect Imolementation Manual and any amendments thereto and may further be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract Such policy directives shall be promulgated by the Director of the TCDP in the form of TCDP issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein, provided however that said policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of said amendments or policy directives, ~, C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written' amendment hereto, and shall be come effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds between or among budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or otherwise requiring Department's prior written approval provided that: 1. The cumulative dollar amount of all transfers among direct budget categories is equal to or ' less than five percent (5%) of the total amount of this contract as specified in Section 4 (C) herein; 2. The transfer will not change the scope or objective of the projects funded under this contract; and 3. Contractor submits a budget revision report to Department, on a form specified by Department, simultaneously with the submission of Contractor's first Request for Advance Form 270 following any such transfers made in accordance with this Subsection D. SECTION 17, SUSPENSION Notwithstanding the provisions of TEX. GOV'T. CODE ANN. Chapter 2251, in the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this contract in whole or in part and withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations of funds under this contract SECTION 18. TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that Contractor has failed to comply with any term of this contract Department shall notify Contractor in Page 7 of 12 I, writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the continuation of the activities funded under this contract would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold payments to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984,31 U.S.C. Sec. 7501 et. seq., and OMS Circular No. 128, "Audits of State and Local Governments", and the implementing regulations at 24 CFR Part 44, for any of its fiscal years included within the contract period specified in Section 2 and ending before June 30, 1997 of this contract in which Contractor receives more than $25,000 in Federal financial assistance, Contractor shall have such an audit made for any fiscal year included within the contract period and ending on or after June 30, 1997 during which Contractor expended $300,000 or more in Federal financial assistance. For purposes of this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of State and local government; 2. At the option of Contractor, each audit required by this section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise administered federal funds; 3. Notwithstanding Section 4 (a)(5) and Section 4 (a)(6), Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract, provided however that Department shall not make payment for the cost of'such audit services until Department has received a satisfactory audit report as determined by Department, from Contractor. 4, Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department within thirty (30) days after completion of the audit, but no later Page 8 of 12 I, than one (1) year after the end of each fiscal period included within the period of this contract. Contractor shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits performed under Subsection A of this Section 19 are subject to review and resolution by Department or its authorized representative. 5. The audit report must include verification of all expenditures by budget category including local funds, in accordance with Exhibit B, Budget, of this contract. B. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Contractor's records and to obtain any documents, materials, or information necessary to facilitate such audit. C. Contractor understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. D. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as Department may require of qontractor. SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to Department under Section 5304(1) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. B. Funds provided under this contract may be obligated and expended before the actions specified in this Section occur only for the following eligible activities: 1. The payment of reasonable planning and administrative costs related to the project; 2. Environmental studies, including environmental clearance activities required by this Section; and 3. The payment or reimbursement of reasonable project engineering and design costs incurred for this project. C. Contractor shall prepare a written Environmental Assessment of its activities in accordance with 24 C.F.R. Part 58, Subpart F, and the TCDP Project Implementation Manual. Contractor must then follow the steps specified in this subsection to ensure compliance with the National Environmental Policy Act (NEPA). When the Environmental Assessment is completed, Contractor must follow one of the following two (2) procedures. The first is a Finding of Significant Impact, in which the Request for Release of Funds for the project is an action which may significantly affect the quality of the human environment. If this is the case, Contractor must then prepare an Environmental Impact Statement is accordance with Subpart H or Subpart I of 24 C.F.R. Part 58. The second and more common procedure must be followed for all projects not requiring an Environmental Impact Page 9 of 12 I, Statement. Contractor in this instance must publish, in the manner prescribed in 24 C.F.R. Sections 58.43 and 58.44, a combined legal notice in a single publication: A Finding of No Significant Impact, and a Notice of Intent to Request Release of Funds, In the first part of this notice, Contractor certifies that, as a result of the Environmental Assessment, the project is not an action which mayor will significantly affect the quality of the human environment. Contractor shall then provide the public with at least fifteen (15) calendar days to comment on this combined notice following its publication date, unless exceptional circumstances exist as specified in 24 C.F.R. Section 58.46. If no unresolved problems occur, Contractor must then concurrently submit to Department the following documents: 1) a Publisher's Affidavit and Certification form, for the combined legal notice; and 2) a Request for Release of Funds form. Upon receipt of such documents, Department must allow a fifteen (15) calendar days comments period to expire before it can formally release any project funds which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified in Exhibit D of this contract. Contractor shall document its compliance with such other requirements in its environmental review file. SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS A. Contractor shall provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which the funds provided under this contract are used, in accordance with Section 570.486 of the Regulations and this contract; B. Contract shall hold a public hearing concerning any activities proposed to be added, deleted, or substantially changes, as determined by the Department, from the activities specified in Exhibit A, Performance Statement, of this contract; C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance under this contract; D. For each public hearing scheduled and conducted by Contractor under this section, Contractor shall comply with the following requirements: 1. Notice of each hearing shall be published in the non-legal section of a newspaper having general circulation in Contractor's jurisdiction at least seventy-two (72) hours prior to each scheduled hearing. The published notice shall include the date, time, and location of each hearing and the topics to be considered at each hearing. The published notice shall be printed in both English and Spanish, if appropriate, Department shall accept articles published in such newspapers which satisfy the content and timing requirements of this subsection. In addition, Contractor shall prominently post such notices in public buildings and distributed to interested community groups. 2. One of the public hearings shall be held after 5 p.m, on a weekday or on a Saturday and both hearings must be conducted at a location convenient to potential or actual beneficiaries, with accommodation for the handicapped. 3. When a significant number of non-English speaking residents can reasonably be expected to participate in a public hearing: Contractor shall provide an interpreter to accommodate the needs of the non-English speaking residents. E. Notwithstanding the provisions of Section 7 of this contract, Contractor shall retain documentation of the public hearing notices, a list of the attendees at each hearing, and minutes of each hearing Page 10 of 12 I, held in accordance with this section for a period of three (3) years after the termination of this contract. Contractor shall make such records available to the public in accordance with TEX. GOV'T. CODE ANN. Chapter 552. F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall comply with the requirements of the Texas Community Development Program Complaint System, 10 TAC Sec. 1.11 _ 1.13. Contractor shall ensure that its citizens are aware of the location and hours at which they may obtain a copy of the written procedures and the address and phone number for submitting complaints. SECTION 22. SPECIAL CONDITIONS A. Department shall not release any funds for any costs incurred by Contractor under this contract until Department has received a copy of Contractor's previous fiscal year audit report or certification from Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this contract. Department shall specify the content and form of such certification. B. Department shall not be liable to Contractor for any costs incurred by Contractor under this contract until Department receives a properly completed Depository/Authorized Signators Form, as specified by Department, from Contractor. C. Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assisted with funds provided under this contract until Contractor has received the applicable prevailing wage rates from Department. D. In accordance with Section 18 of this contract, this contract shall terminate six (6) months after the commencement date specified in Section 2 unless activities funded under this contract have begun by such date. E. Contractor shall submit a Fair Housing Plan in a format prescribed by Department, within six (6) months of the policy issuance of the Fair Housing Plan requirements by Department. The Plan must document an assessment of Contractor's housing needs; the methods Contractor will utilize to address any inequities identified; a timeframe for resolving any inequities included in the assessment; and an extensive review of conditions surrounding public housing (if applicable). In accordance with Section 18 of this contract, this contract shall terminate if Department does not receive the Plan by the due date. F. Contractor shall provide documentation to Department that the final plans arid specifications for its sewer system improvements have been reviewed, and when applicable approved by the Texas Natural Resource Conservation Commission prior to construction and prior to Department's release of funds for such activities. Such documents shall be sent to the Texas Natural Resource Conservation Commission, Watershed Management Division, P.O. Box 13087, Capital Station, Austin, Texas 78711-3087, and shall be identified as activities being financed through the Texas Department of Housing and Community Affairs. SECTION 23. DEBARMENT By signing this contract, Contractor certifies that it will not award any funds provided under this contract to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Page 11 of 12 I, Contractor shall receive the certification provided by the Department from each proposed subcontractor under this contract and its principals. SECTION 24. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract: 1. Exhibit A, Performance Statement, 1 Page 2. Exhibit B, Budget, 2 Pages 3. Exhibit C, Project Implementation Schedule, 1 Page 4. Exhibit D, Applicable Laws and Regulations, 2 Pages 5. Exhibit E, Certifications, 2 Pages SECTION 25. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. WITNESS OUR HANDS EFFECTIVE August 23,1996. Michael E. Malone, City Manager City of Paris Approved and accepted on behalf of the Texas Department of Housing and Community Affairs. Larry Paul Manley, Executive Director Texas Department of Housing and Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by the Executive Director's authorized designee. Page 12 of 12 I, EXHIBIT A PERFORMANCE STATEMENT City of Paris Contractor shall carry out the following activities in the target area identified on the map in its 1996 Community Development Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall install approximately five thousand linear feet (5,000 I.f.) of eight inch (8") PVC sewer line, three thousand four hundred forty linear feet (3,440 I.f.) of two inch (2") PVC force main, nine hundred linear feet (900 1.1.) of two and one-half inch (2 1/2") PVC force main, twenty-three (23) manholes, thirty-nine (39) simplex grinder pump stations, thirty-nine (39) service connections, backfilling of the existing septic tanks, fifteen inch (15") highway bore and casing, and eight hundred linear feet (800 I.f.) of asphalt street/driveway repair at the following locations: Street From To FM 79 19th NW 18th NW Butler 1900 Block 2400 Block 2600 Block 1800 Block 2900 Block 3200 Block 2700 Block These activities shall benefit one hundred twenty (120) persons, of which one hundred one (101) or eighty-four percent (84%) are of low to moderate income. EnQineerina Contractor shall assume responsibility for all eligible project-related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special' services. Administration Contractor shall assume responsibility for all eligible project-related administrative activities, including the cost associated with the required annual program compliance and fiscal audit. I, Page 1 of 1 EXHIBIT B BUDGET City of Paris CONTRACT OTHER .L.J.ME CATEGORIES FUNDS FUNDS TOTAL 1a. Water Facilities $ $ $ 1b. Sewer Facilities $ 250,000 $ 114,520 $ 364,520 2. Solid Waste Disposal Facilities $ $ $ 3. Other Public Utilities (Gas) $ $ $ 4. Street Improvements $ $ $ 5. Flood and Drainage Facilities $ $ $ 6. Neighborhood Facilitiesl $ $ $ Community Centers 7. Senior Centers $ $ $ 8. Centers for the Handicappedl $ $ $ Sheltered Workshops 9. Parks, Playgrounds, and Other $ $ $ Recreational Facilities 10. Fire Protection Facilities $ $ $ and Equipment 11. Parking Facilities $ $ $ 12. Pedestrian Malls and Walkways $ $ $ 13. Specially Authorized Assistance $ $ $ to Privately Owned Utilities 14. Specially Authorized Public $ $ $ Facilities and Improvements 15. Public Services (LIMITED TO $ $ $ 15% OF REQUEST) 16. Interim Assistance $ $ $ 17. Rehabilitation of Private $ $ $ Properties , , Page 1 of 2 CONTRACT OTHER .L.J.ME CATEGORIES FUNDS FUNDS TOTAL 18. Rehabilitation of Public $ $ $ Residential Structures 19. Public Housing Modernization $ $ $ 20. Clearance Demolition Activities $ $ $ 21. Historic Preservation $ $ $ 22. Removal of Architectural Barriers $ $ $ 23. Code Enforcement $ $ $ 24. Acquisition $ $ $ 25. Relocation Payments & Assistance $ $ $ 26. Economic Development Loan $ $ $ 27. Economic Devel. Interest Subsidy $ $ $ 28. Economic Devel. Loan Guarantee $ $ $ 29. Special Activities by Local Devel $ $ $ Corporations, Etc. 30. Engineering/Architectural Servo $ -0- $ 31,000 $ 31,000 (Total for all construction accounts) 31. Planning & Urban Env. Design $ $ $ (NOT TO EXCEED 16%) 32. General Administration $ -0- $ 3,026 $ 3,026 TOTALS $ 250,000 $ 148,546 $ 398,546 I, Page 2 of 2 U ?- m i: ~ W ..J ::l C W :J: U Ul Z o i= ~ z w :E w ..J D. ~ I- U W ., o II:: D. .. .;: lIS D. ... o ~ U "<t >< >< N l") >< >< N N >< >< N ~ >< N C> >< >< N OJ >< >< >< ~ l() >< >< >< ~ ..... >< >< >< ~ CD >< >< >< ~ ll) >< >< >< ~ "<t >< >< >< ~ l") >< >< >< ~ N >< >< >< ~ ~ >< >< >< ~ '. C> >< >< >< ~ OJ >< >< >< l() >< >< ..... >< >< >< CD >< >< >< ll) >< >< >< "<t >< >< >< >< l") >< >< >< >< N >< >< >< >< ~ >< >< Oi U .. >. Q) III 0 0 '"C '2: , ~ .. C> III Q) c: ~ ~ (/) - 0 c: iU :;::; 0 t5 c: '6 '(ii .. 0 c: '0 ~ c: '(ii 0 Q) - 0 .. ;;: <II U 0 c: :;::; c .S1 0 0 0 Q) c: iU :;:. u Q) :;::; e '> 0 <II a. ~ :;::; '0 Q) :;:. c... Q) c: III Q) ::l c: <II - - c: 0:: III 0 a. C1' Q) <II ::l <II ... c... "" E '2 0 Q) 0 Oi (/) Q) iU , :2 - '0 ... 0:: Q) 'E Q) - Cl Q) c: c: <II c: c: 0 <II 'll Q) Q) c: 0- Q) t 0 u: "lJ 0 III E E '(ii (/) Q) - :;::; <l; () 0 III Q) 0 oil u.. ::l 0:: !!! c: 0 oil c: > ::l ~ oil ~ 0 ~ '"C ~ E Q) ::l ~ J: <II Q) <l; 1ii .;: Q) - ;;: 0 '> ~ c: III Cl c: Q) c: '6 Q) e c: 'm III Q) ~ '"C 0 - Q) ::l (/) c... w u.. c... u C5 u c: C> <l; l() OJ OJ ~ N- N - <II ::l Cl ::l <l; CD OJ OJ ~ ri N - <II ::l Cl ::l <l; I, EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB Circulars specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R. Part 205); and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specified in Section I through VI of this Exhibit D. I. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et.seq.); 24 C.F.R. Part I, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec 3601 et seq.), as amended; , Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U,S.C. Sec. 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. LABOR STANDARDS The Davis-Bacon Act, as amended (40 U.S.C. Sees. 276a - 276a-5); The Contract Work Hours & Safety Standards Act (40 U.S.C. 327 et.seq.); The Copeland "Anti-Kickback" Act (18 U.S.C. Sec. 874), III. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.1701u). IV. LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures established by the Department thereunder. I, Page 1 of 2 V. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Tille I Community Development Block Grant Programs, 24 C.F.R. Part 58; National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 C.F.R. Parts 1500-1508; The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended; particularly Section 106 (16 U.S.C. Sec.470f); Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a-I), as amended by the archeological and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a)); Executive Order 11988, Floodplain Management, May 24, 1977~42 Fed. Reg. 26951), particularly Section 2(a); Executive Order 11990, Protection of Wetlands, May 24,1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d)); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec.300h-303(e)); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536); The Wild and Scenic Rivers Act of 1968, (16 U.S.C, Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c)(16 U.S.C. Sec. 1278(b) and (c)); The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)); 24 C.F.R. Part 51, Environmental Criteria and Standards. VI. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S,C. Sec. 4601 et. seq.), 49 C.F.R. Part 24, and 24 C.F.R. Section 570.496a, II; Page 2 of 2 EXHIBIT E CERTIFICATIONS I, Michael E Malone, Citv Manager. Citv of Paris CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY THE City of Paris, THAT; (1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH SUCH FUNDS; (2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. SEC. 2000a et seq.) AND THE FAIR HOUSING ACT (42 U.S.C. SEC 3901 et. seq.), AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING, AS SPECIFIED BY DEPARTMENT; (3) IT WILL PROVIDE FOR OPPORTUNITIES FO~ CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY DEPARTMENT; (4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVE- MENTS ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME, INCLUDING ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH PUBLIC IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF SUCH FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM REVENUE SOURCES OTHER THAN SUCH FUNDS; OR (B) FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A). (5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL OCCUR IN CONNECTION WITH A PROJECT ASSISTED WITH TCDP FUNDS, IT WILL FOLLOW A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED BY THE DEPARTMENT. (6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION. Name Date Page 1 of 2 I, CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS THE UNDERSIGNED City of Paris CERTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT: (1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM - LLL, "DISCLOSURE FORM TO REPORT LOBBYING", IN ACCORDANCE WITH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT WHICH RELIANCE WAS PLACED WHEN THIS TRANSACTION WAS MADE OR ENTERED INTO. SUBMISSION OF THIS CERTIFICATION IS A PREREQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED BY SECTION 1352, TITLE 31, U.S. CODE. ANY PERSON WHO FAILS TO FILE THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. SIGNED: DATE: NAME Michael E. Malone, City Manager TITLE Page 2 of2