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1992-010-RES WHEREAS, the City Council of recognizes the importance of the Lamar of Education, Business and JOINT RESOLUTION NO. 92-010 WHEREAS, the City of Paris and the County of Lamar did heretofore in Joint Resolution No. 91-117, passed and adopted on the 11th day of November, 1991, authorize a joint application for a United States Department of Housing and Urban Development Infrastructure Grant Program grant; and, and, WHEREAS, said grant has been authorized and offered; WHEREAS, it would be appropriate for the said governmental entities to contract for said grant funding upon the terms and conditions and in the form of the Ark-Tex Council of Governments Contract For Economic Development Infrastructure Grant Program attached hereto as Exhibit A; and, WHEREAS, paragraph three of said Joint Resolution No. 9l-ll7 did fail to include the County of Lamar therein and such resolution should be amended so to do; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, and the County Judge of Lamar County, Deane A. Loughmiller, be, and they are hereby authorized and directed to execute on behalf of the City of Paris and the County of Lamar the Ark-Tex Council of Governments Contract For Economic Development Infrastructure Grant Program attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, that paragraph three of Joint Resolution 91-117 be amended to read as follows: "3. That Joe McCollum, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris and the County of Lamar all reports, communications, assurances, contracts and documents necessary for the completion of said project." Passed and adopted this 10th day of February, 1992. CITY OF PARIS, PARIS, TEXAS ~~~ Ge rge isher, Mayor ATTEST: ~ Collum, Assistant City Clerk ATTEST: "tr! G~ Kathy P , County Clerk "- APPROVED AS TO FORM: if '11IjJJ/~ T~ Wel~ County Attorney ARK-TEX COUNCIL OF GOVERNMENTS CONTRACT FOR ECONOMIC DEVELOPMENT INFRASTRUCTURE GRANT PROGRAM STATE OF TEXAS] COUNTY OF BOWIE] SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into, by and between the Ark-Tex Council of Governments, hereinafter referred to as "ATCOG", and City of Paris and Lamar County, 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 Januarv 15. 1992. and shall terminate on Januarv 14, 1994, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall comply with the terms and conditions set forth in the Grant Agreement between the Ark-Tex Council of Governments and the United States Department of Housing and Urban Development for Special Purpose Grant TX16SPG11. 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, A TCOG shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this Page 1 EXHIBIT A 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 ATCOG's obligations under this Section 4 are contingent upon the actual receipt of federal funds to meet A TCOG' s liabilities under this contract. If adequate funds are not available to make payments under this contract, A TCOG shall notify Contractor in writing within a reasonable time after such fact is determined. ATCOG shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. 2. ATCOG 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 ATCOG or Contractor. 3. ATCOG 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. ATCOG 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 0, and Exhibit E of this contract. 5. ATCOG shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to ATCOG 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. ATCOG shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract. B. Excess Payments Contractor shall refund to A TCOG any sum of money which has been paid to Contractor by ATCOG, which ATCOG determines has resulted in overpayment to Contractor, or which ATCOG determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made by Contractor to ATCOG within thirty (30) working days after such refund is requested by ATCOG. Page 2 C. limit of liabilitv Notwithstanding any other provision of this contract, the total of all p ayments and other obligations incurred by A TCOG under this contract shall not exceed the sum of One Hundred Fiftv Thousand and No/100 Dollars. SECTION 5. METHOD OF PAYMENT A. Contractor shall submit to A TCOG a properly completed Purchase Voucher and Reimbursement Form, as specified by ATCOG, as often as actually needed. ATCOG shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until A TCOG has reviewed and approved such Request. B. 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. 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. COSTS PRINCIPLES. AND PROGRAM INCOME A. Contractor shall comply with Office of Management and Budget (OM B) Circular A-102, as revised January 1981, in administering 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.REV.CIV.STAT.ANN.art4413(32g).), and this contract. B. Contractor shall comply with the standards set forth in Attachment E of OMB Circular A-102 to account for program income related to activities financed in whole Page 3 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 ATCOG 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 ATCOG. 3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to ATCOG for is 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. In the event ATCOG does not approve the plan submitted by Contractor, Contractor shall return such program income to ATCOG within thirty (30) working days after receipt of ATCOG's notification of disapproval. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation of all expenditures of funds made under this contract in a manner which conforms to OMS Circular A-87, OMS Circular A-102 and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in Attachment C of OMS Circular A-102. B. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, the Auditor of the State of Texas, and ATCOG, 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. C. Contractor shall include the substance of this Section 7 in all subcontracts. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall submit to A TCOG such reports on the operation and Page 4 performance of this contract as may be required by ATCOG including but not limited to the reports specified in this Section 8. B. Contractor shall submit to ATCOG no later than the twentieth (20th) dav of the month after the end of each calendar auarter of the contract oeriod soecified in Section 2, a Quarterlv Proaress Reoort of the oroaress. 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 A TCOG 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 Comoletion to ATCOG no later than sixtv 1601 davs after the contract termination date. The Certificate of Completion shall be in a format prescribed by A TCOG and shall include a final Project Completion Report of all activities performed under this contract. D. In addition to the limitations of liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to ATCOG in a timely and satisfactory manner any report required by this contract, A TCOG may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If ATCOG withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefore, Payments withheld pursuant to this paragraph may be held by A TCOG until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING ATCOG 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. ATCOG 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 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 A TCOG is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees Page 5 to hold ATCOG harmless and to indemnify ATCOG 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 ATCOG'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 A TCOG, for each such proposed subcontract, and Contractor has obtained ATCOG'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, ATCOG 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 A TCOG'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. C. ATCOG's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. ATCOG 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, A TCOG does not waive any right of action which may exist or which may subsequently accrue to A TCOG under this contract. D. Contractor shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurement under this contract. E. ATCOG shall retain in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until A TCOG determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. Contractor covenants that neither it nor any member of its governing body Page 6 presently has any interest or shall acquire any interest, direct, or indirect, which would conflict in any manner or degree with the performance of this contract. Contract further covenants that in the performance of this contract, no person having such interest shall be employed or appointed by Contractor. B. 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. C. Contractor's employees, officer, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 13. SECTARIAN ACTIVITY 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 24 C.F.R. Sec. 570.200(j). 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. ATCOG 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 A TCOG for any money it has received from A TCOG for performance of the Page 7 provisions of this contract, if ATCOG has suspended or terminated this contract for reasons enumerated in this Section 14. SECTION 15. 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 laws and regulations identified herein, the assurances and certifications made to ATCOG by Contractor, and the assurances and certifications made to the United States Department of Housing and Urban Development by,the Contractor with regard to the operation of the Economic Development Infrastructure Grant Program. Bases 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 may be amended in the following manner: ATCOG 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 Executive Director of the ATCOG in the form of Economic Development Infrastructure Grant Program issuances, shall have the effect of qualifying the terms of this contract and shall be finding upon Contractor, as if written herein, and shall not alter the terms of this contract so as to release ATCOG 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 A TCOG'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 Page 8 3. Contractor submits a budget reVISion report to ATCOG, on a form specified by ATCOG, simultaneously with the submission of Contractor's first Request for Reimbursement Form 270 following any such transfers made in accordance with the Subsection D. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes Article 601f, in the event Contractor fails to comply with any term of this contract, ATCOG 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. ATCOG 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 A TCOG determines that Contractor has failed to comply with any term of this contract. A TCOG shall notify Contractor in writing prior to the thirtieth (30) 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. ATCOG shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by ATCOG 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 ATCOG for damages due to ATCOG by virtue of any breach of this contract by Contractor. ATCOG may withhold payment to Contractor until such time as the exact amount of damages due to ATCOG from Contractor is agreed upon or is otherwise determined. Page 9 SECTION 19. AUDIT A. Unless otherwise directed by ATCOG, 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, P.L. 98-502, and OMB Circular No. 128, "Audits of State and Local Governments", 50 Fed. Reg. 19114 (May 6, 1985), for any of its fiscal years included within the contract period specified in Section 2 of this contract in which Contractor receives more than $25,000 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 A TCOG under this contract, provided however that ATCOG shall not make payment for the cost of such audit services until ATCOG has received such audit report from Contractor; 4. Unless otherwise specifically authorized by A TCOG in writing, Contractor shall submit the report of such audit to ATCOG within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this contract. Audits performed under Subsection A of this Section 19 are subject to review and resolution by ATCOG or its authorized representative. B. Notwithstanding Subsection A of this Section 19, A TCOG reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. Contractor agrees to permit A TCOG or its authorized representative to audit Contractor's records and to obtain any documents, materials, or information necessary to facilitate such audit. Page 10 C. Contractor understands and agrees that it shall be liable to ATCOG 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 ATCOG 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 action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as A TCOG may require of Contractor. 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 ATCOG under Section 5304(fl of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58. 77(bl 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. In performing this assessment, Contractor shall utilize appropriate review forms provided by ATCOG. Contractor must then follow the steps specified in this subsection to ensure compliance with the National Environmental Policy Act (NEPAl. 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 in accordance with Subpart H or Subpart I or 24 C.F.R. Part 58. The second and more common procedure must be followed for all projects not requiring an Environmental Impact Statement. Contractor in this instance must publish, in the manner prescribed in 24 C.R.F. Sections 58.43 and 58,44, a combined Page 11 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 ATCOG the following documents: 1. Publisher's Affidavit and Certification form, for the combined legal notice (to be provided as described above); and 2. Request for Release of Funds form (to be provided as described above). Upon receipt of such documents, A TCOG 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 0 of this contract. Contractor shall document its compliance with such other requirements in its environmental review file. SECTION 21. CITIZEN PARTICIPATION REQUIRMENTS A. Contractor shall hold a public hearing concerning any substantial change, as determined by the ATCOG, proposed to be made in the use of funds provided under this contract; B. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance under this contract; C. 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. ATCOG 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. Page 12 2. Each public hearing shall be held after 5 p.m. on a weekday or on a Saturday and 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. D. 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 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 Texas Civil Statutes, Article 6252- 17a; E. Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall be in accordance with those Rules. Regulations and Laws identified in Exhibit D of this contract. Contractor shall ensure that its citizens are aware of the location and hours at which they may file a formal complaint. SECTION 22. SPECIAL CONDITIONS A. ATCOG shall not be liable to Contractor for any costs incurred by Contractor under this contract until A TCOG receives a properly completed Depository! Authorized Signatory form, as specified by A TCOG, from Contractor. B. 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 Texas Department of Housing and Community Affairs, C. In accordance with Section 18 of this contract, this contract shall terminated six (6) months after the commencement date specified in Section 2 unless activities funded under this contract have begun by such date. D. Contractor shall provide documentation to ATCOG that the final plans and specifications for its sewer system improvements have been approved by the Texas Water Commission prior to construction and prior to ATCOG's release of funds for such activities. Such documents shall be sent to the Texas Water Commission, Water Utility Division, Plan and Specifications Review Section in Austin, Texas, and shall be Page 13 identified as activities being financed through the Ark-Tex Council of Governments Economic Development Infrastructure Grant Program. SECTION 23. 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, 2 Pages 2. Exhibit B, Budget, 1 Page 3. Exhibit C, Project Implementation Schedule, 1 Page 4. Exhibit D, Applicable Laws and Regulations, 3 Pages 5. Exhibit E, Certifications, 4 Pages SECTION 24. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Bowie County, Texas. Page 14 WITNESS OUR HANDS EFFECTIVE JANUARY 15, 1992. George Fisher, Mayor Paris, Texas Deane A. Loughmiller, Judge Lamar County, Texas Approved and accepted on behalf of the Ark-Tex Council of Governments. James D. Goerke, Executive Director Ark-Tex Council of Governments This contract is not effective unless signed by the Executive Director of the Ark-Tex Council of Government or by his authorized designee. Page 15 EXHIBIT A PERFORMANCE STATEMENT CITY OF PARIS/LAMAR COUNTY Proiect Descriotion The purpose of this Economic Development project is construction of a 12' diameter watermain extending south along 1 st Street SW from West Kaufman Street to the intersection of West Hearne and 1 st SW. Financial Information Constractor shall utilize One Hundred Fiftv Thousand and No/100 Dollars 1 $150.0001 of contract funds and Fiftv Five Thousand Seven Hundred and No/100 Dollars 1$55.7001 of Contractor's funds for construction costs. Three Million Nine Hundred Sixtv Eight Thousand Four Hundred Eightv Four and No/100 Dollars 1$3,968.4841 of Contractor's funds shall be utilized for jail construction. Eiahtv Seven Thousand Three Hundred Dollars and No/100 1 $87.3001 of Contractor's funds shall be utilized for sanitary sewer rehabilitation. Contractor shall provide to ATCOG, upon request, evidence that project funds, were expended as specified in this Exhibit A and in Exhibit B of this contract. Engineerina Thirtv One Thousand Five Hundred and No/100 Dollars 1$31,500) of Contractor's funds shall be utilized for engineering costs. Administrative Three Thousand and No/1 00 Dollars 1 $3,0001 shall be utilized for administrative costs. Proiect Outcomes As a reult of this project Constractor shall ensure that Forty three (43) existing jobs will be retained. In the event more permanent jobs are created, Contractor shall ensure that at least Fifty one persent (51 %) of all jobs created are provided to low and moderate income persons. A low to moderate income person is defined in the TCDP Project Implementation Manuel referenced in Section 16. Page 1 CONTRACT TERM By the end of the 1 st Quarter By the end of the 2nd Quarter By the end of the 3rd Quarter By the end of the 4th Quarter By the end of the 5th Quarter By the end of the 6th Quarter By the end of the 7th Quarter By the end of the 8th Quarter TOTAL Page 2 JOBS CREATED PER QUARTER EXHIBIT B BUDGET CITY OF PARIS/LAMAR COUNTY CATEGORIES EDIGP OTHER TOTAL 1. Acquisition -0- -0- -0- 2. Engineering -0- 31,000 31,000 3. Public Facilities -0- 3,968,484 3,968,484 4. Construction 150,000 87,300 237,300 5. Machinery/Equip -0- -0- -0- 6. Other -0- -0- -0- 7. Administration -0- 3,000 3,000 TOTALS 150,000 4,090,284 4,240,284 Page 1 ~ ;:, "C Q) .r:: (J en c: o .,. .fl c: U Q) ::: E .c Q) :Ei5.. x E w_ - (J Q) '0' .... 0. ~ ~ .~ ~ <'I .' .~ .~ ':!! l--~ ~ . ::! ...~ '. ~ .:: ~ I a, . ..co .... . -. .' CD . '" C') ... Q) :0 <'> ~ <'I .~ . . I :j . '. ~ -" .'" . 2' . I . . . .' -..'" ,... ..;; ~ .. I '1,'i'l <;; q, ,: i ~. , t. . : ' " ..'. ~ . ; '; I' : :'. ~ . .: .~ ~: ,;~,~ ~ ~ I.i.;t ..l~! .. ... ~- ;: :: .. OJ o g '6 c w ti l!! C o o .. OJ o c .Q '5 " .. ill ti l!! - c o o EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the terms and conditions set forth in the Grant Agreement between the Ark-Tex Council of Governments and the United States Department of Housing and Urban Development in the Special Purpose Grant for housing and economic development activities so stated herein; the OMB Circulars specified in Section 6 of this contract; Treasury Circular 1075 (31 C.R.F. 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 VII 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 11246 (Equal Employment Opportunity). and 41 C.F.R. Chapter 60; · 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.); · Secti-on 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,). Page 1 II. LABOR STANDARDS · The Davis-Bacon Act, as amended (40 U.S.C. Secs. 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 · Executive Orders 11625, 12432, 12138, and 24 C.F.R. 85.36(e), concerning Minority Business Enterprise and Women's Business Enterprise respectfully. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701u). IV. LEAD-BASED PAINT · Title IV of the Lead-Based Point Poisoning Prevention Act (42 U.S.C. Sec. 4831). V. ENVIRONMENTAL STANDARDS · Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 C.F.R. Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); · 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; · Floor Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended, particularly Sections 1 02(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a)); Page 2 · 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 sew.), 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. Sec. 570.496a (55 Fed. Reg. 29309 (July 18, 1990)). Page 3 EXHIBIT E CERTIFICATIONS I, GEORGE FISHER, MA YOR OF PARIS, TEXAS DEANE LOUGHMILLER, JUDGE, LAMAR COUNTY, TEXAS CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY CASS COUNTY, THAT; 1. ITWILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH SUCH FUNDS; 2. THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH PUBLIC LAW 88-352 AND PUBLIC LAW 90-284, AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING; 3. IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO THIS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY ATCOG; 4. IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVEMENTS 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 (AI 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 (BI FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME WHO ARE NOT PERSONS OF VERY LOW INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (AI. 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 ANTI DISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED IN THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (42 U.S.C. Sec. 4601 et. seq.I, 49 C.F.R. Part 24, and 24 C.F.R. Sec. Page 1 570.496a (55 Fed. Reg. 29309 (July 18, 1990)). 6. IT HAS ADOPTED OR WILL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUALS ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS IN ACCORDANCE WITH SECTION 519 OF PUBLIC LAW 101-144, (THE 1990 HUD APPROPRIATIONS ACT). Name George Fisher, Hayor City of Paris, Paris, Texas February 10, 1992 Date Name Deane A. Loughmiller, Judge Lamar County, Texas Date Page 2 CERTIFICATION REGARDING LOBBYING FOR CONTRACTS. GRANTS, LOANS AND COOPERATIVE AGREEMENTS THE UNDERSIGNED MA YOR GEORGE FISHER JUDGE DEANE LOUGHMILLER CERTIFIES, TO THE BEST OF HIS 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. Page 3 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 THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A CIVIL PENAL TV OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. Name George Fisher, Hayor City of Paris, Paris, Texas February 10, 1992 Date Name Deane A. Loughmiller, Judge Lamar County, Texas Date Page 4