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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: ----------------------------------------