1993-068-RES WHEREAS, the City of Paris has identified damages caused by flood water erosion which must be
RESOLUTION NO. 93-068
WHEREAS, the City of Paris has identified damages caused
by flood water erosion which must be addressed in order to
safeguard lives and property; and,
WHEREAS, the City of Paris does not have budgeted funds
available to address such needs; and,
WHEREAS, the United States Department of Agriculture
Soil Conservation Service has made available federal
assistance under provisions of the Title IV of the
Agricultural Credit Act of 1978, Public Law 95-334, for the
purpose of restoring certain drainage works known as Phase I
and Phase II and shown on Exhibit A and B respectively; and,
WHEREAS, the City of Paris did heretofore make
application for assistance for said drai~ge projects; and,
WHEREAS, if said grant is offered to and accepted by the
City of Paris, the City's obligation will be to provide
twenty percent (20%) of constructing works cost estimated to
be $5,697.10 in Phase I and $14,262.30 in Phase II; and,
WHEREAS, the United States Department of Agriculture
Soil Conservation Service has offered a grant upon the terms
and conditions contained in Project Agreement attached hereto
as Exhibit C and Project Agreement attached hereto as Exhibit
D; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of Paris that such grants be accepted and that said
project agreements be approved and executed by the City of
Paris; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the City Manager of the City of Paris' action in
authorizing application for United State Department of
Agriculture Soil Conservation Service, Title IV of the
Agriculture Credit Act of 1978 grant, be, and the same is in
all things ratified.
BE IT FURTHER RESOLVED,
described in Project Agreements
and D, is hereby accepted.
that the grant offered and
attached hereto as Exhibits C
BE IT FURTHER RESOLVED, that:
1. That Michael E. Malone,
appointed as Project Director and
execute and deliver on behalf of
reports, communications, assurances
for the completion of said projects.
be and he is hereby
is hereby authorized to
the City of Paris all
and documents necessary
? ThAr W. F.. Anrler~on. Director of Finance. be. and
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^ U. s. DEPARTMENT OF AGRICULTURE
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V SOn.. CONSERVATION SERVICE
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EXHIBIT B
AGREEMENT NO.
STATE_______________________________
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT, made this _!~~~ day of __~~!~_______, 199~, by and
between the City of___tq~i~____, Sponsor, and Contracting Local
Organization, called the City; and the Soil Conservation Service, United
States Department of Agriculture, called SCS.
WITNESSETH THAT:
WHEREAS, under the provision of the Title IV of the Agricultural
Credit Act of 1978, Public Law 95-334, the City and SCS agree to a plan
which provides for restoration of certain works;
NOW THEREFORE, in consideration of the premises and of the several
promises to be faithfully performed by the parties hereto as set forth, the
City and SCS do hereby agree as follows:
A. It is agreed that the following-described work is to be performed at an
estimated cost of $28,788.40
Site 4-4 Phase 1 -
Removal of silt from channel bottom.
grading and placement of Rock Rip-Rap
and side slope of existing ditch.
Shaping,
on bottom
B. The City will:
1. Provide 20 percent of the cost of constructing works of improvement
in A. This cost to City is estimated to be $5,697.10
2. Install the works of improvement described in A by Force Account in
accordance with specifications furnished by SCS and specifications
furnished by the City when concurred in by the Assistant State
Conservationist (Adm).
3. Provide certification (sign SCS-ADS-78) with accompanying attorney's
opinion that real property rights have been obtained for performing the
items of work described in ~.
4. Accept all financial and other responsibility for excess costs
resulting from its failure to obtain, or its delay in obtaining,
adequate land and water rights, permits, and licenses needed performing
the work described in A.
5. Appoint a Contracting Officer, and an authorized representative who
shall have authority to act for the Contracting Officer, listing their
duties, responsibilities, and authorities. Furnish such information in
writing to the Assistant State Conservationist (Adm).
EXHIBfT C
Page 2 of 6
6. Carry out the work in accordance with the attached plan of operations
heretofore prepared by the City and concurred in by the Assistant
State Conservationist (Adm). Secure the Assistant State
Conservationist's (Adm) concurrence before changing the plan of
operations.
7. Se responsible for all administrative e~penses necessary to arrange
for and carry out the work described in A. These administrative
expenses include but shall not be limited to facilities, clerical
personnel, and legal counsel including such attorneys deemed necessary
by SCS to resolve any legal matters.
8. Administer their actions under this agreement in accordance with 7 CFR
3015, OMS Circulars A-102, A-87, A-128, and other rules referenced in 7
CFR 3015.
9. Secure the materials necessary to carry out the work in accordance with
specifications furnished by SCS and specifications furnished by the
City when concurred in by the Assistant State Conservationist (Adm).
Protect all materials to be used in the work and maintain a current
record of disbursement and use of such material.
10. Procure materials as follows:
a. Open Market - Items not exceeding $10,000 (unless limited to a
lesser amount by State Law) for like or similar items after a
reasonable price inquiry, as concurred in by the Assistant State
Conservationist (Adm). This procurement will be made as follows:
(1) Prepare and issue written requests for quotations. Oral
requests for quotations may be made if this method is
concurred in by the Assistant State Conservationist (Adm).
(2) Receive and protect quotations. Determine the lowest
qualified vendor and, with written concurrence of the
Assistant State Conservationist (Adm) make such procurement.
b. Formal advertisement - This procurement will be made as follows:
( 1 )
Issue an invitation for bids which will
requirements and City requirements when
Assistant State Conservationist (Adm).
include SCS
concurred in by the
(2) Receive, protect, and open bids. Determine the lowest
qualified bidder, and with written concurrence of the
Assistant State Conservationist (Adm) make such procurement.
(3) Secure written concurrence of the Assistant State
Conservationist (Adm) before waving the requirement for any
material certification.
Page 3 of 6
11.
Pay suppliers as required to carry out the work.
SCS on Form SF-270.
Submit billings to
12. Maintain, as a minimum, the following data to support the City's
request for reimbursement:
a. Invoices covering actual costs of materials.
b. Records showing materials actually used on the work, and
disposition of excess materials.
c. Daily time records for each employee showing name, classification,
wage rate, hours, and dates actually employed on the work.
d. Equipment operating records showing the rate, hours, and dates
actually used on the work.
13. Employ competent personnel to carry out the work.
14. Maintain all equipment used on the work in good operating condition
without cost to SCS.
15. Arrange for and conduct final inspection on completed works of
improvement with SCS to determine whether all work has been performed
in accordance with specifications and the plan of operations.
16. Upon determination of technical acceptability of the completed work,
assume responsibility for maintenance.
17. Upon completion of emer~ency protection measures and the elimination
of the threat, the city will take action, if needed, to bring the
measures up to reasonable standards by other means and/o,- authority.
Unless the measures are brought up to reasonable standards, the City
will not be eligible for future funding under the emergency watershed
protection program.
18. Hold and save SCS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by it under this
agreement or resulting from the work provided for in this agreement.
19. Retain all records dealing with direct supervision, labor, equipment
and materials used in the work for 3 years from the date of the
City's submission of the final request for payment or until final
audit findings have been resolved, whichever is longer. If any
litigation is started before the expiration of the 3 year period, the
records are to be retained until the litigation is resolved or until 3
years whichever is longer. Make such records available to the
Comptroller General of the United States or his duly authorized
representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit,
examination, excerpt and transcripts.
Page 4 of 6
20. If applicable, complete the attached "Clear Air and Water
Certification" and comply with the attached" Clear Air and Water
Clause."
C. 5C5 will:
1. Provide 80 percent of the cost of constructing the works of improvement
described in A. This cost to 5C5 will not exceed $ 22.788.40
2. Provide authorized assistance such as results of tests and studies as
available, design and layout, and specifications, needed in carrying
out the plan of operations.
3. Provide the services of a Government Representative.
.
4. Provide the services of Government Inspectors, as necessary.
5. Make payment to the City for 5C5's share of the cost upon receipt and
approval of Form 5F-270.
6. Review the City's records prior to final payment under this
agreement.
D. It is mutually agreed that:
1. This agreement shall become null and void 30 calendar days after the
date 5CS has executed this agreement in the event the work has not been
commenced.
2. The Assistant State Conservationist (Adm) may make adjustment in the
estimated cost to 5C5 set forth in C. 1. for performing the work. No
adjustment shall change the cost-sharing assistance to be provided by
5C5 as set forth in C. 1. nor reduce funds below the amount required to
pay 5C5's share of the work.
3. The procurement of materials necessary for accomplishing the items of
work described in A will not be made from the City or firms in which
any official of StJch organization or any member of such official's
immediate family has direct or indirect financial interest in the
pecuniary profits of such firm.
4. In the event of default of any vendor, any excess costs collected from
the defaulting vendor are to be prorated between the City and 5C5 in
the same ratio as funds are contributed under the terms of this
agreement.
5. 5C5 may terminate this agreement in whole or in part if it is
determined by 5C5 that the City has failed to comply with any of the
conditions of this agreement. 5C5 shall promptly notify the City in
writing of the determination and reasons for the termination, together
Page 5 of 6
with the effective date. Payments made by or recoveries made by SCS
under this termination are to be in accord with the legal rights and
liabilities of SCS and the City.
6. This agreement may be temporarily suspended by SCS if it determines
that corrective action by the City is needed to meet the provisions
of this agreement. Further, ses may suspend this agreement when it is
evident that a termination is pendlng.
7. SCS, at its sole discretion, may refuse to cost share should the City
elect to proceed without obtaining concurrence as set out in Section B.
of this agreement.
B. No member of or delegate to Congress or Resident Commissioner shall be
admitted to any share or part or this agreement, or to any benefit that
may arise therefrom; but this provision shall not be construed to
extend to this agreement if made with a corporation for its general
benefit.
9. The furnishing of the administrative and technical services by ses as
set out in C. 2. through C. 4. is contingent upon the continuing
availability of appropriations by the Congress from which payment may
be made and shall not obligate SCS upon failure of the Congress to so
appropriate.
10. The program or activities conducted under this agreement will be in
compliance with nondiscrimination provisions contained in the Titles VI
and VII of the Civil Rights Act of 1964, as amended; the Civil Rights
Restoration Act of 1987 (Public Law 100-259); and other
nondiscrimination statues; namely, Section 504 or the Rehabilitation
Act of 1973, Title IX of the Education Amendments of 1972, and the Age
Discrimination Act of 1975. They will also be in accordance with
regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B),
which provide that no person in the United States shall on the grounds
of race, color, national origin, age, sex, religion, marital status, or
handicap be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or
activity receiving federal financial assistance from the Department of
Agriculture or any agency thereof.
Page 6 of 6
_____________________CITY OF PARIS - PARIS CITY COUNCIL
_____________________PARIS, TEXAS
By:________________________________________________
George Fisher
Title: _____~~O~---------------------------------
Date: _______~~~_~~~_~~~~_________________________
This action authorized at
an official meeting of _~~~___
___~a~ia___City Council on the
~~ay of _~~____, 1993, at
_____,__I'~.r1:.s______, Texas.
-----------------------------------
(Signature)
-----------------------------------
<Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By:
--------------------------------------------
Title:
-----------------------------------------
Date:
------------------------------------------
AGREEMENT ~_. ______________________
STATE_______________________________
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT, made this _~~~~ day of __~~~_______, 1993, by and
between the City of____~ari~___, Sponsor, and Contracting Local
Organization, called the City; and the Soil Conservation Service, United
States Department of Agriculture, called SCS.
WITNESSETH THAT:
WHEREAS, under the provision of the Title IV of the Agricultural
Credit Act of 1978, Public Law 95-334, the City and SCS agree to a plan
which provides for restoration of certain works;
NOW THEREFORE, in consideration of the premises and of the several
promises to be faithfully performed by the parties hereto as set forth, the
City and SCS do hereby agree as follows:
A. It is agreed that the following-described work is to be performed at an
estimated cost of $71,311.50
Excavation and placement of loose rock riprap along bottom and both
sides of existing channel.
B. The City will:
1. Provide 20 percent of the cost of constructing works of improvement
in A. This cost to City is estimated to be $14,262.30
2. Install the works of improvement described in A by Force Account in
accordance with specifications furnished by SCS and specifications
furnished by the City when concurred in by the Assistant State
Conservationist (Adm).
3. Provide certification (sign SCS-ADS-78) with accompanying attorney's
opinion that real property rights have been obtained for performing the
items of work described in A.
4. Accept all financial and other responsibility for excess costs
resulting from its failure to obtain, or its delay in obtaining,
adequate land and water rights, permits, and licenses needed performing
the work described in A.
5. Appoint a Contracting Officer, and an authorized representative who
shall have authority, to act for the Contracting Officer, listing their
duties, responsibilities, and authorities. Furnish such information in
writing to the Assistant State Conservationist (Adm).
. EXHIBIT 0
Page 2 of 6
6.
Carry out the work in accordance with the attached plan of operations
heretofore prepared by the City and concurred ln by the ASslstant
State Conservationist (Adm). Secure the Assistant State
Conservationist's (Adm) concurrence before changing the plan of
operations.
Be responsible for all administrative expenses necessary to arrange
for and carry out the work described in A. These administrative
expenses include but shall not be limited to facilitles, clerical
personnel, and legal counsel including such attorneys deemed necessary
by SCS to resolve any legal matters.
7.
8. Administer their actions under this agreement in accordance with 7 CFR
3015, OMS Circulars A-102, A-87, A-128, and other rules referenced in 7
CFR 3015.
9. Secure the materials necessary to carry out the work in accordance with
specifications furnished by SCS and specifications furnished by the
City when concurred in by the Assistant State Conservationist (Adm).
Protect all materials to be used in the work and maintain a current
record of disbursement and use of such material.
10. Procure materials as follows:
a. Open Market - Items not exceeding $10,000 (unless limited to a
lesser amount by State Law) for like or similar items after a
reasonable price inquiry, as concurred in by the Assistant State
Conservationist (Adm). This procurement will be made as follows:
(1) Prepare and issue written requests for quotations. Oral
requests for quotations may be made if this method is
concurred in by the Assistant State Conservationist (Adm).
(2) Receive and protect quotations. Determine the lowest
qualified vendor and, with written concurrence of the
Assistant state Conservationist (Adm) make such procurement.
b. Formal advertisement - This procurement will be made as follows:
(I)
Issue an invitation for bids which will
requirements and City requirements when
Assistant State Conservationist (Adm).
include SCS
concurred in by the
(2) Receive, protect, and open bids. Determine the lowest
qualified bidder, and with written concurrence of the
Assistant State Conservationist (Adm) make such procurement.
(3) Secure written concurrence of the Assistant State
Conservationist (Adm) before waving the requirement for any
material certification.
Page 3 of 6
11.
Pay suppliers as required to carry out the work.
SCS on Form SF-270.
Submit billings to
12. Maintain, as a minimum, the following data to support the City's
request for reimbursement:
a. Invoices covering actual costs of materials.
b. Records showing materials actually used on the work, and
disposition of excess materials.
c. Daily time records for each employee showing name, classification,
wage rate, hours, and dates actually employed on the work.
d. Equipment operating records showing the rate, hours, and dates
actually used on the work.
13. Employ competent personnel to carry out the work.
14. Maintain all equipment used on the work in good operating condition
without cost to SCS.
15. Arrange for and conduct final inspection on completed works of
improvement with SCS to determine whether all work has been performed
in accordance with specifications and the plan of operations.
16. Upon determination of technical acceptability of the completed work,
assume responsibility for maintenance.
17. Upon completion of emergency protection measures and the elimination
of the threat, the city will take action, if needed, to bring the
measures up to reasonable standards by other means and/or authority.
Unless the measures are brought up to reasonable standards, the City
will not be eligible for future funding under the emergency watershed
protection program.
18. Hold and save SCS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by it under this
agreement or resulting from the work provided for in this agreement.
19. Retain all records dealing with direct supervision, labor, equipment
and materials used in the work for 3 years from the date of the
County's submission of the final request for payment or until final
audit findings have been resolved, whichever is longer. If any
litigation is started before the expiration of the 3 year period, the
records are to be retained until the litigation is resolved or until 3
years whichever is longer. Make such records available to the
Comptroller General of the United States or his duly authorized
representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit,
examination, excerpt and transcripts.
Page 4 of 6
20. If applicable, complete the attached "Clear Air and Water
Certification" and comply with the attached" Clear Air and Water
Clause. II
C. SCS will:
1. Provide 80 percent of the cost of constructing the works of improvement
described in A. This cost to SCS will not exceed $ 57.049.20
All costs in excess of $ 57.049.20 will be the responsibility of
the Sponsor.
2. Provide authorized assistance such as results of tests and studies as
available, design and layout, and specifications, needed in carrying
out the plan of operations.
3. Provide the services of a Government Replesentative.
4. Provide the services of Government Inspectors, as necessary.
5. Make payment to the City for SCS's share of the cost upon receipt and
approval of Form SF-270.
6. Review the City's records prior to final payment under this
agreement.
D. It is mutually agreed that:
1. This agreement shall become null and void 30 calendar days after the
date SCS has executed this agreement in the event the work has not been
commenced.
2. The Assistant State Conservationist (Adm) may make adjustment in the
estimated cost to SCS set forth in C. 1. for performing the work. No
adjustment shall change the cost-sharing assistance to be provided by
SCS as set forth in C. 1. nor reduce funds below the amount required to
pay SCS's share of the work.
3. The procurement of materials necessary for accomplishing the items of
work described in A will not be made from the City or firms in which
any official of such organization or any member of such official's
immediate family has direct or indirect financial interest in the
pecuniary profits of such firm.
4. In the event of default of any vendor, any excess costs collected from
the defaulting vendor are to be prorated between the City and SCS in
the same ratio as funds are contributed under the terms of this
agreement.
5. SCS may terminate this agreement in whole or in part if it is
determined by SCS that the City has failed to comply with any of the
conditions of this agreement. SCS shall promptly notify the City in
writing of the determination and reasons for the termination, together
Page 5 of 6
with the effective date. Payments made by or recoveries made by SCS
under this termination are to be in accord with the legal rights and
liabilities of SCS and the City.
6. This agreement may be temporarily suspended by SCS if it determines
that corrective action by the City is needed to meet the provisions
of this agreement. Further, SCS may suspend this agreement when it is
evident that a termination is pending.
7. SCS, at its sole discretion, may refuse to cost share should the City
elect to proceed withcut obtaining concurrence as set out in Section B.
of this agreement.
8. No member of or delegate to Congress or Resident Commissioner shall be
admitted to any share or part or this agreement, or to any benefit that
may arise therefrom; but this provision shall not be construed to
extend to this agreement if made with a corporation for its general
benefit.
9. The furnishing of the administrative and technical services by SCS as
set out in C. 2. through C. 4. is contingent upon the continuing
availability of appropriations by the Congress from which payment may
be made and shall not obligate SCS upon failure of the Congress to so
appropriate.
10. The program or activities conducted under this agreement will be in
compliance with nondiscrimination provisions contained in the Titles VI
and VII of the Civil Rights Act of 1964, as amended; the Civil Rights
Restoration Act of 1987 (Public Law 100-2591; and other
nondiscrimination statues; namely, Section 504 or the Rehabilitation
Act of 1973, Title IX of the Education Amendments of 1972, and the Age
Discrimination Act of 1975. They will also be in accordance with
regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & BI,
which provide that no person in the United States shall on the grounds
of race, color, national origin, age, sex, religion, marital status, or
handicap be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or
activity receiving federal financial assistance from the Department of
Agriculture or any agency thereof.
. .
Page 6 of 6
CITY OF ___~a~ia_____________________
~____Lamar___________COUNTY, TEXAS
By:________________________________________________
George Fisher
Title: ____~~YQI___________________________________
Date: _____~~lY_l~L_l~~~___________________________
This action authorized at an
official meeting of ___~i~_Qf__
___~g~i~___ on the l~thday of
___~~~_______, 19i1, at __________
_________~a~i~____, Texas.
-----------------------------------
(Signature)
-----------------------------------
(Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By:
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Title:
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Date:
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