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1988-098-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 88-077 authorize the RESOLUTION NO. 88-098 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 88-077 authorize the execution of a contract with Creek Industries for a Feasibility Study for a Food Processing Plant; and, WHEREAS, said Creek Industries have failed to perform in accordance with the standards established by the Staff Review Committee; and, WHEREAS, the Staff Review Committee recommends the appointment of Dr. Donald A. Duchesneau & Associates of Dallas, Texas, as successor consultant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the contract heretofore entered into with Creek Industries is cancelled and held for naught, and BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the professional services contract with Dr. Donald A. Duchesneau & Associates for a feasibility study, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 29t@~tember" 1988. Eric s.~yor ATTEST: ~~. ~~~ attie Cunn~ng am, City er FORM: ity Attorney CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 29th day of September, 1988, by and between DR. DONALD A. DUCHESNEAU & ASSOCIATES, hereinafter called the CONSULTANT and the CITY OF PARIS, Paris, Texas, acting by and through its Mayor, Eric S. Clifford, hereinafter called CITY. WITNESSETH THAT: WHEREAS, the CONSULTANT did on the 28th day of September, 1988, file with the CITY a proposal containing an offer; and WHEREAS, the CITY has heretofore determined that said offer was the lowest and best submitted; NOW, THEREFORE, IT IS AGREED: First: That the CONSULTANT shall comply in every way with the requirements of those certain specifications entitled: U. S. Department of Commerce, Economic Development Adminis- tration Office of Technical Assistance, Special Terms and Conditions, for Technical Assistance Grant under Title 3, Section 301 (a) of the Public Works and Economic Development Act of 1965, as amended, Effective Date: July 1, 1988, Grant No. 08-06-02603, Title: Food Processing Plant Feasibility Study. Second: That in consideration of the faithful compliance with the terms and conditions of this Agreement the CITY shall pay to the CONSULTANT at the times and in the manner provided in said specif- ication the total sum of Twenty Three Thousand Sixty-Four and 75/100 Dollars ($23,064.75), which sum is subject, however, to decrease in such proportion as the quantities named in said proposal are not performed and otherwise as in said specifications and proposal provided. An additional Seven Thousand Eight Hundred and No/100 Dollars ($7,800.00) is to be used for payment to consultants in the areas of engineering, architecture, legal, and accounting, when such need is determined by the Staff Review Committee in conjunction with consultant. Progress statements to be provided to the CITY on the 25th day of each month providing estimated percentage of work completed whereby progress payments can be made to the CONSULTANT on or before the 10th of the following month. Third: That the time of completion is April 1, 1989. Fourth: That the contract documents which are hereby made a part of this Agreement by the actual attachment or by this reference thereto are as follows: 1. The Special Terms and Conditions named above by title. 2. The General Terms and Conditions included in Grant No. 08-06-02601. IN WITNESS WHEREOF, said CONSULTANT and said CITY have caused this Agreement to be executed on the day and year first above written. DR. DONALD A. DUCHESNEAU & ASSOCIATES, CONSULTANT By Donald A. Duchesneau CITY OF PARIS, CITY By Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk BID . .... '". re: Feasibility Study, Food Processing Plant: EDA Grant 08-06-02603 Submitted by: Donald A. Duchesneau & Associates Submitted to: City of Paris, Paris, Texas For work to be performed by Donald A. Duchaneau . . . . . . . . .$23,064.75 (To include overseeing of additional $7,800 expenditure for the payment of consultants in the areas of accounting, engineering, architecture and law in conjunction with the staff review committee of the City of Paris.) 0';,( (,[( rcJl'-( L>}-~- Donald A. Duchesneau / I ~'/...~ ,~ Date 'E){RIBfT A