1990-061-RES WHEREAS, the City of by storms occurring from which must be addressed property; and,
RESOLUTION NO. 90-061
WHEREAS, the City of
by storms occurring from
which must be addressed
property; and,
Paris has
April 1,
in order
identified damages caused
1990 through May 9, 1990
to safeguard lives and
WHEREAS, the City of Paris d'oes 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 Section 403, Agriculture
Credit Act of 1978, for the purpose of making temporary
emergency repairs to bridges and crossings and to safeguard
lives and property from an eminent hazard of flood, water and
erosion; and,
WHEREAS, the City Manager of the City of Paris, Michael
E. Malone, did heretofore on June 14, 1990, make application
for 1,960 tons of rock at a total cost of $24,500.00; and,
WHEREAS, if said grant is offered to and accepted by the
City of Paris, the City's obligation will be to manage the
project and to acquire any real rights and permits required
for the project; 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 A; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of Paris that such grant be accepted and that said
project agreement 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 making
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, that the grant offered and
described in Project Agreement attached hereto as Exhibit A,
is hereby accepted.
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 project.
be and he is hereby
is hereby authorized to
the City of Paris all
and documents necessary
BE IT FURTHER RESOLVED, that Eric S, Clifford, Mayor of
the City of Paris, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the
Project Agreement in the form attached hereto as Exhibit A,
Passed and adopted this the
1990.
ATTEST:
Mattie Cunningham,
~,
FORM:
ity Attorney
AGREEMENT NO.
STATE TEXAS
UNITED STATE DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT, made this ___ day of __________, 19___, by and
between the City of Pa~is, Sponso~, and Cont~acting Local
O~ganization, called the City; and the Sol I Conse~vation Se~vice,
United States Depa~tment of Ag~icultu~e, cal led SCS.
WITNESSETH THAT:
WHEREAS, unde~ the p~ovision of the Title IV of the
Ag~icultu~al C~edit Act of 1978, Public Law 95-334, the City and
SCS ag~ee to a plan which p~ovides fo~ ~esto~ation of ce~tain wo~ks;
NOW THEREFORE, in conside~ation of the p~emjses and of the
seve~al p~omjses to be faithful Iy pe~fo~med by the pa~ties he~eto as
set fo~th, the County and SCS do he~eby ag~ee as fol lows:
A. It is ag~eed that the fol 10wing-desc~lbed wo~k is to be
pe~fo~med at an estimated cost of $30,000:
Fu~nlshing and placement of ~ock mate~ials at an estimate
cost of $30,000 on identified sites.
B. The City will:
1. Pe~fo~m the wo~k desc~ibed in A. In acco~dance with
specifications fu~nished by SCS and specifications
fu~nished by the City when concu~~ed in by the Assistant
State Conse~vationist (Adm).
2. P~ovide ce~tification (sign SCS-ADS-78) that ~eal p~ope~ty
~ights have been obtained fo~ installation of planned
measures.
3. Accept al I financial and othe~ ~esponsibi I ity fo~ excess
costs ~esulting f~om its fai lu~e to obtain, o~ its delay in
obtaining, adequate land and wate~ ~ights, pe~mits, and
I icenses needed fo~ wo~ks of imp~ovement desc~ibed in A.
4. Appoint a Cont~acting Office~, and an autho~ized
~ep~esentative who shall have autho~ity to act fo~ the
Cont~acting Office~, I isting thei~ duties,
~esponsibj I ities, and autho~lties. Fu~njsh such
info~mation in w~iting to the Assistant State
Conse~vationist (Adm).
,
~I,[A
;
5. Ca~~y out the wo~k in acco~dance with the plan of
ope~ations he~etofo~e p~epa~ed by the City and concu~~ed
in by the Assistant State Conse~vationist (Adm). Secu~e
the Assistant State Conse~vationist's (Adm) concu~~ence
befo~e changing the plan of ope~ations.
6. Be ~esponsible fo~ al I administ~ative expenses necessa~y to
a~~ange fo~ and ca~~y out the const~uction of the wo~ks of
imp~ovement desc~ibed in A. These administ~ative expenses
include but shal I not be I imited to faci I ities, cle~ical
pe~sonnel, and legal counsel including such atto~neys
deemed necessa~y by SCS to ~esolve any legal matte~s.
7. Administe~ thei~ actions unde~ this ag~eement in acco~dance
with 7 CFR 3015, OMB Ci~cula~s A-102, A-87, A-128, and
othe~ ~ules ~efe~enced in 7 CFR 3015.
8. Secu~e the mate~ials necessa~y to ca~~y out the wo~k in
acco~dance with specifications fu~nished by SCS and
specifications fu~nished by the City when concu~~ed in by
the Assistant State Conse~vationist (Adm). P~otect al I
mate~ials to be used in the wo~k and maintain a cu~~ent
~eco~d of disbu~sement and use of such mate~ial.
9. P~ocu~e mate~ials as fol lows:
a. Open Ma~ket - Items not exceeding $10,000 (unless
I imited to a lesse~ amount by State Law) fo~ like o~
simi la~ items afte~ a ~easonable p~ice inqui~y, as
concu~~ed in by the Assistant State Conse~vationist
(Adm) .
This p~ocu~ement wi I I be made as follows:
(1) P~epa~e and issue w~itten ~equests fo~ quotations.
O~al ~equests fo~ quotations may be made if this
method is concu~~ed in by the Assistant State
Conse~vationist (Adm).
(2) Rece i ve and p~otect quo tat ions. Dete~m i ne the
lowest qual ified vendo~ and, with w~itten
concu~~ence of the Assistant State Conse~vationist
(Adm) make such p~ocu~ement.
b. Fo~mal adve~tisement - This p~ocu~ement wi I I be made
as follows:
(1) Issue an invitation fo~ bids which wi II include
SCS ~equi~ements and City ~equi~ements when
concu~~ed in by the Assistant State
Conse~vationist (Adm).
(2) Receive, protect, and open bids. Determine the
lowest qual ified bidder, and with written
concurrence of the Assistant State Conservationist
(Adm) make suoh proourement.
(3) Secure written concurrence of the Assistant State
Conservationist (Adm) before waving the
requirement for any material oertifioation.
10. Pay suppl iers as required to oarry out the work. Submit
bi I I ings to SCS on Form SF-270.
11. Maintain, as a minimum, the following data to support the
City's request for reimbursement:
a. Invoices oovering aotual costs of materials.
b. Reoords showing materials actually used on the work,
and disposition of excess materials.
12. Employ competent personnel to oarry out the work.
13. Arrange for and conduot final inspeotion on oompleted works
of improvement with SCS to determine whether al I work has
been performed in acoordance with specifications and the
plan of operations.
14. Upon determination of teohnioal aoceptabi I ity of the
oompleted works of improvement, assume responsibil ity for
operation and maintenance in acoordance with the operation
and maintenance agreement.
15. Upon completion of emergency protection measures and the
el imination of the threat, the City wi II 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 reasonab I e standards, the City will not be
el igible for future funding under the emergenoy watershed
protection program.
16. Hold and save SCS free from any and al I olaims or causes of
action whatsoever resulting from the obi igations undertaken
by it under this agreement or resulting from the work
provided for in this agreement.
17. Retain al I records deal ing with materials used in the work
for 3 years from the date of the City's submission o( the
final request for payment or unti I 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 unti I the I itigation is resolved
or unti I 3 years whichever is longer. Make such records
avai lable 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.
18. If applicable, complete the attached "Clear Air and Water
Certification" and comply with the attached "Clear Air and
Water Clause."
C . SCS w i I I :
1. Provide 100 percent of the cost of rock material used to
perform the work work described in A. This cost to SCS is
estimated to be $24,000.
2. Provide authorized assistance such as results of tests and
studies as avai lable, 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 SCS's share of the cost upon
receipt and approval of Form SF-270.
6. Audit 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 10 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 works of improvement. No adjustment
sha II change the cost-shar i ng ass i stance to be prov i ded 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 p~ocu~ement of mate~ials necessa~y fo~ accompl ishing
the wo~ks of imp~ovement desc~jbed in A. wi I I not be made
f~om the City o~ fi~ms in which any official of such
o~ganization o~ any membe~ of such official's immediate
fami Iy has di~ect o~ indi~ect financial inte~est in the
pecunia~y p~ofits of such fi~m.
4. In the event of default of any vendo~, any excess costs
collected f~om the defaulting vendo~ a~e to be p~o~ated
between the City and SCS in the same ~atio as funds a~e
cont~jbuted unde~ the te~ms of this ag~eement.
5. SCS may te~minate this ag~eement in whole o~ in pa~t if it
is dete~mined by SCS that the City has fai led to comply
with any of the conditions of this ag~eement. SCS shal I
p~omptly notify the City in w~iting of the dete~mination
and ~easons fo~ the te~mination, togethe~ with the
effective date. Payments made by o~ ~ecove~ies made by SCS
unde~ this te~mination a~e to be in acco~d with the legal
~ights and I iabi I ities of SCS and the City.
6. This ag~eement may be tempo~a~i Iy suspended by SCS if it
dete~mines that co~~ective action by the City is needed
to meet the p~ovisions of this ag~eement. Fu~the~, SCS may
suspend this ag~eement when it is evident that a
te~mination is pending.
7. SCS, at its sole disc~etion, may ~efuse to cost sha~e
should the City elect to p~oceed without obtaining
concu~~ence as set out in Section B. of this ag~eement.
8. No membe~ of o~ delegate to Cong~ess o~ Resident
Commissione~ shal I be admitted to any sha~e o~ pa~t of this
ag~eement, o~ to any benefit that may a~ise the~ef~om: but
th i s p~ov i s i on sha II not be const~ued to extend to th is
ag~eement if made with a co~po~ation fo~ its gene~al
benefit.
9. The fu~nishing of the administ~ative and technical se~vices
by SCS as set out inC. 2. th~ough C. 4. is conti ngent upon
the continuing avai labi I ity of app~op~iations by the
Cong~ess f~om which payment may be made and shal I not
obi igate SCS upon fai lu~e of the Cong~ess to so
app~op~iate.
10. The program or activities conducted under this agreement
wi I I be in compl iance with nondiscrimination provisions
contained in the Titles VI and VII of the Civi I Rights Act
of 1964, as amended: the Civi I Rights Restoration Act of
1987 <Publ ic Law 100-259): and other nondiscrimination
statues: namely, Section 504 of the Rehabi I itation Act of
1973, Title IX of the Education Amendments of 1972, and the
Age Discrimination Act of 1975. They wi I I 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 shal I on the grounds of race, color,
national origin, age, sex, rei igion, 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.
<Appl icable to agreements of $100,000 or more)
11. The program or activities conducted under this agreement
wi I I be in compl iance with Section 319 of Publ ic Law No.
101-121, The Department of the Interior and Related
Agencies Appropriations Act. The act prohibits the use of
appropriated funds to pay for lobbying activities. The law
also requires the disclosure of lobbying activities paid
with non-appropriated funds. The attached certification
titled Certification for Contracts, Grants, Loans and
Cooperative Agreements is made a part of this agreement and
al I provisions therein wil I be appl icable to the recipient
of federal funds under this agreement.
CITY OF PARIS
This action authorized at an
official meeting of
By:__________________________
-----------------------------------
on the ____ day of _________, 19___
at
-------------------------------
Title:
----------------------
-----------------------------------
Date:
-----------------------
<Signature)
-----------------------------------
<Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By:
------------------------------------------
Title: ASSISTANT STATE CONSERVATIONIST <ADM)
Date:
----------------------------------------