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1985-058-RES WHEREAS, the Texas Department of Community Affairs is administering assistance for the purpose of RESOLUTION NO. 85-058 WHEREAS, the Texas Department of Community Affairs is administering assistance for the purpose of rehabilitation of substandard units in compliance with the Texas Rental Rehabilitation Program; and, WHEREAS, in Resolution No. 84-084 the City Manager of the City of Paris was authorized to execute and process an application for $100,000.00, being a 100% grant; and, WHEREAS, the Texas Department of Community Affairs has offered a contract for a rental rehabilitation program, being Contract No. 00023904585 with an effectiye date of April 15, 1985, and an addendum No. 01 thereto with an effective date of May 1, 1985, being attached hereto as Exhibits A and B; and, WHEREAS, the form of such contract and addendum No. 1 thereto was heretofore approved which approval should be hereby ratified; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. addendum with the hereto as ratified. That the form of contract No. 00023904585 and No.1 thereto for the total amount of $108,878.57, Texas Department of Community Affairs, attached Exhibits A and B, respectively, is in all things 2. That the execution by the City Manager, David H. Doty, of the contract and addendum No. 01 thereto with Texas Department of Community Affairs in the form of Exhibit A and B, respectively, attached hereto is in all things ratified. Passed and adopted this 8th day of July, 1985. ATTEST: ~~'" ~\,~""-~~ Mattie Cunning am, ty C erk APPROVED 'il6'ol'iIU" - ,.. ". .... ~~ ,/ Al1f,NlJt,lI NI NO, 01 I LXf,S Cor'l~lIJN II V IH, VI LOI'l-iU; I I'IWGRM'i CON1R/lCI NO, 0002J904S05 IU/lS IJlPf,RII~INI 01, COHMIJNIfV Mf/llRS /lND CIIY 01 P/lRIS 00 r---r- f" I I I I I , ' 1)'')-' 3 "{ (I If " SI/llL Of I EX/lS COON1Y OF lR/lVIS Section 'I, il1e lexds Department of Community /\ffairs, an agency of tile State of Texas, l1ereinafter referred to as 'Department'. and tile City of Paris, l1ereinafter referred to as 'Contractor', do hereby contract and agree to amend their original contract, as initially executed by tile Executive Director of Department effective /lpril 15, 1985, tl1rough /lpril 14, 1987, for the per-formance of rental rehabilitation activities" Section 2, lhe parlies hereto agree to amend the contract identified in Section 1 above by deleting in its entirety Secllon 4, Subsection C, Llin:U,-,OC!Jil_hili1!L, and r'eplacingit wi Ell the following: Section 4, (C) 1imit.of Lii!lJjJjlY, Notwithstanding any otl1er provision of this contract, tile total of all amounts obligaEed by Department under tl1is contract sl1all not exceed tile sum of One Hundred Eight lhousand Five Hundred Seventy~eight and 51/100 ($108.57lJ,51) , Section ), Ihe parEie', IlCreto al)ree to amend Il1e contract identified in Section 1 above so tl1dt all r'eferences in Section 19 to OHB's Cir'cular No, /1-126 arc hereby correcLed to read 'OMB's Circular No, /1-120', See l.iun If 111c par'lics her'eta agr'l'C to ameno lhe cunLrdct ident.ified in Sect.ion 1 above so U'dl the Schcdulc for Committing I{enldl Hehabililation ['unds, Exhibit D, 'is r'eviscd to rcad hcreafter as given in the Schedule for Committing Rental Hchabi IHation I untis, I.xhibit lJ attached to U,is amcndment, hereinafter ' rdcrred La as ExtlibiL D ami I,ercby lTlade a parL of ltlis amendment. Exhibit D consists of one (1) page, See lion 5, Ihe PM'UC" l1er'eto al)r'ee U'dL this alTlcndnlerll slwll becolTle effective on r~ay I, 1 YB5, "Zz:; c 17010-' pr,GL 'I 01 2 ~E ",,' """ '" "," ,,, ,'" ,,,, "",' ,," of ",' "'~" " ", CO", ,,>c I jd ,,,"" ,,' '" "."" , ...., ,".,, ,.",;. ,. ,I"" .", "011 "..,,,,, ., .,.... ..".' ,. tile extent that l.hey confl'ict vlith l.hc termS of this amendment, ~{. Lion b. Section /, ", w"" """eo .,." ,M' "",,.,,, '" ,," ,meodmeo' .."" ., CO", ".ed "' author'izing any violat'lon aI' federal. state or local laWS or regulations as they pertain to the contract identified in Section 1 above, Section \], By ", ., g'" ". ,I "", "."d,~"" "'" W""' ."",. "p""" "d'" ""d ". "", ,M' U,,, ","dm"" ..,11 ." """ , pO" ,I ", co',,,,, jdeo"" ,d ,.". in section 1 as though it were set forth word for word therein, WIINlSS OUR HAND [{{[CliVE MAY 1, 1985, -------~_._---- David H. DolY City 14anager CitY of Paris ."."., ,md "",,,. " 'el" If .1 U" Ie'"~ ""...meo' ,I ,,,"0'" "k'" -R a 1 ileTQui n tan\1Td:EXCc ut i v e -ili7"ecto r lexas 8epartment 01 Community Ana '\ rs lhis contract amendmenl. is nol. cflecl.ive unlesS signed by the Executive .,."". ,I ,., ".,. ..".,~". ,. """". ,..,1", .. ",. ".".."" designee, ,> PAG[ 2 or 2 .-.....- . "i ~ ~ - _.".."",.....,'"":it("t~"',,,....'.~-,~"" ;;il-""""",,_ - '~!Ii.llB",~ .-r-. Lxii i Ii i l D SCIIEDUU IUI~ COi'll'II'IIING RENTAL REIlAUILlIAll()N fUNDS ConLrdeLor sliall lidve rental reliabilil.dLion funds r'eceived under tlii<; cuntrild cormniLLcd to specific 10Cdl projecLs in accordance wiLh the limelable set oul below, "Commil 1.0 specific local IH'Ojccts" means d legally binding agr'eemcnl beb~een ConLr'deLor and dn Owner under which the Contr'dctor agrees to provide r'enl.dl rch,lbil ildlion funds La the ll\,ner for identifidble n~hdbil itdtion projecL 1I1<lL can reasonably be expected to start consLr'uction within 90 ciays of the agreement and the Owner dgrees to start consLruction within that period, Upon written request by Contractor, Departmenl mdY; at its sole option and in its sole discr'etion, dltcr dnd amend the schedule for' committing rental rehabilitation funds by written letter of notification, This notification procedure shall be an exception to Seclion 16 of this contract requiring all amendments to be in writing dnd executed by both parties thereto, 2nd Quarter FFY 1985 3r'd Quarter FFY 1985 4th Quarter Fry 1985 1st Quarter FFY 1986 January-~1arch April-June July-September October-December -()- $36,192,1J[) $72,3BS,72 1,108,578,57 _~_._._.___".__.___.._',__',_____'_ ___._.__._n..___._.....___._..__.___...__._ --.------------- ,",,' Pilge 1 of ~-'~r.;;;s'....._' r ....,,,,..1 - A, ,;\,.-,, :\ n \.;Y , ,..--- 1Lxr,~; IlLI'Mnl1LNT or Cm\r'lINll'\' AI fAll'S () , r , ., (1 (12- '3 '7' Cl ''t ::> ~ CONTRAC r rOR RENlAL REHABILITAIION PROGRAM STATE OF TEXAS ] COUNTY OF TRAVIS ] SECTION 1. PARlIES_ TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and the City of Paris, hereinafter referred to as "Contractor". The parties hereto nave 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 April 15, 1985, and shall terminate on April 14, 1987, unless otherwise specifically provided by the terms of this contract. SECT! ON 3. CONTRACTOR PI,~FORrMNCE Contractor shall conduct, in a satisfactory manner as determined by Depart- ment, a rental rehabilitation program under Section 17 of the United States Housing Act of 1937, 42 U,S.C, 14370, hereinafter referred to as the Act, Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Certifica- tions, hereinafter referred to as Exhibit B; the Applicable Laws and Regula- tions, hereinafter referred to as Exhibit C; the Schedule for Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit 0; 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. SECT! ON 4, DEPARTMENT OBLIGATIONS A, Me.a,:;ure of Liabi 1 ity In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Oepartmenl shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this 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 Oepart- ment's obligations under this Section 4 ~re contingent upon the actual PAGE 1 OF 11 Et~A , - ~,~, - '-)'j:%I:.-. '-~~T .~..~:' . rill'~,~~~'''''~',t~\;ii'\;\ir,\f*-''l,;'',\,'I' /~;;~,J,,,,,"i., ~~'ki!J~~t,ftl1Ji.t;'~i,.;1t11i\\ .I // /f1 of adequate stale and/or feder'al funds to meet Department's ".,,,1,i lilies under this contract. If ildequate funds arc not avai lable to make payments under this contract, Depilrtment shall notify Contractor in writing wilhin il reasonable time after such fact is determined, Department shall terminate Ulis contract and will nol be liable for failure to make payments to Contractor under this contract, 7, Department Shilll 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 Cont"actor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Oepartment or Contraclor, 3, Department shall not be liable to Contractor for administrative costs, as set forth in Section 6(C) of this contract, and for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6(B) of this contract, 4, Department 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 loJith the terms of this contract, including the terms of Exhibit A, txhibit ~, txhibit C, and Exhibit D of this contract, ~, Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Project Completion Report(s) referred to in Section H(C) of this contract, b. Department shall not be liable for costs incurred or performances rendered by Contr'actor before commencement of this contract or after termination of this contr'act. II. f.1'-c_<:;ss_Pay!~~..!2. Contractor shall refund any sum of money which has been paid to Contractor under this contract, which Department determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract, Such refund shall be made by Contractur to U,S, Department of Housing of Urban Development (HUD) within thirty (30) working days after such refund is requested by Department, C , 11f!liLQ.U- i a bjJjJy Notwithstanding any other provision of this contract, the total of all amounts obligated by Department under this contract shall not exceed the sum of One Hundred Thousand and nollOO Dollars ($100,000,00), SlCl!ON ~, 111 11 to 1l..f2l:" P AY,~.r N T. A, HUD's Cash and Management Information (C/M!) system for the Rental Rehabilitation Program, Notice CPO B4..8, issued September 17, 1984. and any modif'ications thereto. shall be used as the method for disbursement of rental rehabilitation funds obligated to Contractor under this contract, PAGE ;, Of 11 ~ Ir~~~.1l1li''i;;i .~.,-~~' .' - '110- "CIllCflL 'is cOflditioned upon the ,ubmiss " of satisfactory iflfor ,tion ,GOfltrdctUr "builL the pnJject dnd compliance with oLher procedures l(Jecif ied by III1U, IIIJll wi II disbur'se reflLdl r'ehdlJil'itdtion funds obl ,LII(j' Ue~arLmcnt under' Lhis conLracL IJY electronic funds transfer to Ule depos\tol'Y instiLution dcsi(jllaLcd IJY contr'ilctor, AmounLs requesLed by ContracLor will be disbursed by IIUIl as closely as possible to the tiille Lhey are needed by the Owner to pay eli(jible rehdbil"ldtion cosls and suctl aillount shal\immediah~ly be disbursed by Contractor iHld llwnerin ~ayment for eligible cosLs, ConLracLur sball establish a rental rehabilitation deposit account at designdted deposiLory bdnk dnd shall noL commingle any private or public funds, whether or not such funds are to be used to suppleillent Rental Hehabilitation Pro<jram funds, in the saille accounL, Conl.r-acLor expressly understands and agrees thaL lleparLment shall not be liable for any damdges, claiills, or demands which iIlay be dsserLed as a result of any acLion, or failure to act, by IIUIl in discharge of its responsibility under the C/Ml system, B, NotwithsLanding the provlslons of Section 5(A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingenL upon Contractor's full and satisfactory performance of its obl igat'lons under this conLract and that Department may, at its sole option and in its sole discretion, withdraw and reallocate rental rehabilitation funds provided under this contract based on contractor's noncompliance with the terms of this contract, applicable laws or regulations 'including reciVient's failure to meet the schedule for committing rental rehabilitation amounts as set forth in Exhibit D of this contract, C, 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 conLract shall not preclude the exercise of any other right or remedy under this contract or under any provisions 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 consL',tute a waiver' of the right to exercise thaL or any other right or remedy at any time, SECIION 6, ~_NEQ@U\Ilt4] N 1ST ~[lJ]-'LE H E_Q~IJ~EM.EtiI~J_CO~1 1'-RJi,-~li)lL)L ilI'm_~tO\oJAB.lULLQUJ)~-l.2 A, ConLracLor shall comply \-liLh Office of ~\anagement and Budget (or~B) Circular A,102 as supplemented by the rules promulgaLed by the Office of the Governor' aL I lex. I<eg, 31'/2 (August 31, 1982) under the Uniform Grant and Contract ManagemenL Act of 1981 (TEX,REV.CIV,STAT,ANN,art.44l3 (32g) ,), hereinafter referred to as the Management Standards, except to the extent that Department establist,es variations from the Management standards in accordance with section 6 of such Act, B, Ihe allo\-!dbility of costs incurred for performances rendered her'eunder sha 11 be detenn'lnedin accor'dance with Qt.m Circular' {\ 'B7, as supplemented by Sect'lon 5,150 of the r.lanagement standards, subject to the following l'lmi Lation, PAGt;301-11 ~ r r~.{I(l-' .,jible rehabilitation costs shall include only: i, Ihe d"tudl rehdLJiliLdLion cosLs 11l'(e';s,lry to: (i) correct substandard conclitioll', dS ["dorTed to in ;[. CfR 'ill, \O(c)(2); (i i) make essential inlprO'lClllenL\ 'Including energ'i"n,latcd n~pdiT'5 and improvements to ~"~T'mit the uS<' of r'ehabilitated projects by handicapped peT'o;ons; (iii) repair major housing sy<,temsin danger of failure; and 7, Other cost> (soft cos\.5) that are associated with the rehabilitation or' rehabilitation financing and are not for services provided or costs incurred by the Contractor, Such 50ft costs may include (but are not limited to) Lhose cost'; rderred Lo in 24 CrR 5ll,lO(g)(2), C, Contractor shall not use rental rehabilitation funds provided under this contract for administrative costs incurred by Contractor in carrying out its responsibilities under the Rental Rehabilitation Program, Administrative costs prohibited under this subsection include, but are not limited to, staff and consultant salaries and operating expenses of Contractor. SECTION I, 1"l\ll'JJL~ ill'l~LJ_ ~EJJJll! OiL~"~~ E S S lBl1.1 T 1 ilJif2 .1' VllUL.D I ~cJ~l)Sj!BL[)r:.J3 E C OH D~ 1\, Contractor shall ma intain records in SUCll form and such manner as may be prescribed by HUO or Department that clearly. document performance under each prOgT'dm requirement set forth in Subpart 0 of 7t, crR 511 dnd that i"clude, at a minimum, (i) records sufficient to meet HUD requirements for the disburse- ment of rental rehabilitation funds pursuant to 24 CrR 511,74; (ii) data on the racial. ethnic and gender characteristics of tenants, applicants for tenancy, and owners of the rehabilitated projects; and (iii) data indi- cating the race and ethnicity of households displaced as a result of program activities, and, if available, the address and census tract of the housing units to which each displaced household relocated, Records required to be maintained under thIs subsection A shall be retained for a period of three years from the date of final closeout of the rental rehabilitation grant award to the State of Texas under which monies for this contract were made available, ""_~__,.",,,,"""""'0J1~:,,~.,,,,,,,,:.=,~..,,,,",",,:,,,=,-,,,--,, B, Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to HUD requirements, the Management Standards (except to the extent that Department establishes variations from the Management Standards in accordance with Section 6 of such Act), and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in Attachment C of OMB Circular A-102, as supplemented by Section 5.154 of the Management Standards (except to the extent that Department establishes variations therefrom), C, Contractor shall give the United States Department of Housing and Urban Development, tlle Inspector General, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine all bool(s, accounts, records, report', files, and other papers, things, or propert'i 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 mainlain such records in an accessible location and shall affoT'dindependent auditol"S the same right of access to ib ['econh and financidl slate'l1lent<; ilS necessary Lo comply with Section 19 of this contract, PAGE 4 or 11 "uactor shall pro e for full and time ,sc lo~: ,,'c,orl-is and umcllts relatill'l to their rental r'ehabilitati pro'lr'a'" onsistent "with dppJiCdble I'ederal, State Jnd locill lJWS rellJcciin'l perso,:,,1 privacy a[\tl obliYiltions of confidentidlily, Documents relevant to d Contractor"s pCc>!,II"d" strall be made available at ContrJctor's office during normal working !IQurs for ciLlzen review upon request, [, Contractor shall include the subs Lance of this Section 7 in all subcon- tract', , SECTlON C, gEI'9_RJJllG RLQILLRI~];"f\jJS A, Contractor shall submit to Department such reports on the operatIon and performance of its rental rehabilitation program in such format and at such times as may be required by Department including, but not limited to, manage- ment and annual performilnce reports containing such information as Department may prescribe, B, Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each quarter of the contract period speci- fied in Section 2, a Quarterly Progress Report of the progress, in narrative form, of all construcLion and nonconstruction activities performed pursuant Lo Exhibit A, Performance Statement, and of the expenditures and obligations of funds made pursuant to this cuntract, The Quarterly Progress Report shall be in a format prescribed by Department and shall include all such activitles, expenditures, and obligations made or performed under thls contract during the previous quarter, C, Contractor shall submlt a pruject Completion Report to Oepartment no later than sixty (60) days after the completion of each project undertaken pursuant to Exhiblt A o( thls contract, The Project Completion Report shall be in a format prescribed by Department and shall include a (lnal Project Completlon Report of all activities performed under this contract, D, In addition to the limitations on liabillty otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contracL, Department may, at its sole option and in He, sole discretion, cause any or all payments otherwise due hereunder to be withheld by placing a stop payment order with HUU, If OeparLment places a stop payment order. it shall notify Contractor in writing of its decision and Lhe reasons therefore, A sLop payment order placed pursuant to this paragraph shall conLinue ln full force and effect until such time as Department determines that the dellnquent obligations for which funds are withheld are fulfilled by Contractor, SEC! ION 9, ~\ONITORING Oepartment r'eserves the right to perform periodic on-si Le monitor'ing of Contractor's compliance with the terms and condlL10ns of this conLract. and of the adequacy and timel iness of Contractor's performances under this contract, After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings, If Lhe monitor'ing reports notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely PAGE .; OF 11 ( 1 .P"'" - ,.,~ _"""~""''''-'.".~.-,>. --,;::rr -,':1>;:;:::,,'liJ~"'''''''''''"''; \ ...~>-;;lA]"' l r -~,...~ nr "dion of ',uch deficiencic', hV Contractor, [,\ilun' hy Contractor to take ,dion spccifi,'d in the rIIonitorinq report Ol<1Y l1e cause for suspension or tOrlnindtion of thh contrdct, d'; provided in Sections 17 and 18 of this contract. SECTION 10, I NDLte N I),E,i'i.L_c.~mIJ<I\C TOR It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor dS an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may l1e asserted l1y any third party occur- ring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contTact. SECTION 11, SUjlCONTRACTS Contractor may subcontract for the performances described in this contract without obtaining Department's prior written approval, Contractor, in subcontracting for any performances described in this contract, understands and agrees that in entering into such subcontracts. Department is in no way liable to Contractor's subcontractors, Contractor further understands and agrees that it shall ensure that the performances rendered under all sub- contracts are rendered so as to comply with all the terms of this contract, dS if such performances were rendered by Contractor, SECTION 12, C ONFL I CT_Ql_Lr-iJE ReE S I A, Contractor covenants that neither it nor any member of its governing body 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. Contractor further cov~nants that in the performance of this contract no person having such interest shall be employed or appointed by Contractor, 8, No person (i) who is an employee, agent, consultant, officer, or elected or appointed official of Contractor and who exercises or has exercised any functions or responsibilities with respect to assisted rehabilitation activi- ties or (ii) who is in a position to participate in a decision making process or gain inside information with regard to such activities. may obtain a per- sonal or financial interest or benefit, direct or Indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter, C, Contractor's employees, officer's, and/or agents shall neither solicit nor accept yrdtuities, favors, or dnything 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, PAGE 6' OF 11 any facilitit',. used in the performance lhi ontract be us,q,,<,i! for instruction or J\ J place of religious wurship, SECIION 14, !,L~Al flUJ.IlQRL1Y .,. A, Contractor assures and guarantees that Contractor possesses the legal authurity to enter inlo this contract, receive funds authorized by this contract, and to perfOT'l1l th" 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 Contraclor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, perform" ances, and provisions herein set forth, c, Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or lhe person signing this contract to enter into this contract or to render per- formances hereunder, Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Oepartment has suspended or terminated this contract for reasons enumer- ated in this Section 14, c c 7}, '/ )r. SECTION 15. I ITIGATION ~ND CLAIMS 'q I Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Oepartment. Except as otherwise directed by Department, Contraclor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. "q 'I: ~ ( . It S ;' ?<'I ) SECTION 1 (" 1\, Except as specifically provided otherwise in this contract, any alter- ations, additions, or deletions to the terms of this contract shall be by amendment tlereto in ,Jriting ilnd executed by both parties to this contract, CHANGES I\~~~~~UMENTS '; 0, It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to Depart- ment by contractor, and the assuI'ances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with I'egard to the operat ion of the Texas Rental Rehabi 1 i lat ion Program (TRRP). Based on these considerations, and in order to ensure the legal and effective performance of this contl'act by both pal'lies, it is agreed by the parties hereto that the performances under this contract are amended by the provi- s i on5 01 the l~&!'-..J!11JlJ.f~lentatJ on Manua l and any amendments thereto and may further be amended in the following manner: Department may from time to time during the period of performance 01 this contract issue poliCY directives <'15 Qj II VI Sr, ~ ~ :-:" ~, '{ , C / r -, PAGE -, OFII , {/ 't ( ~ , -" ser've to esLltlli'd,inlyrprct, or clar'if'y perforrndnce requircments ,indcr this Luntrdcl, Such polic,! direcLivc~ shall be pr'omulgated by the Director' of CommlJnity Development and 110usinq Division of Oepar'tmentin the fonn of lRRP isslJdnces, shall tldve the effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein, provided however that said policy directivcs and any amendments to said Manual shall nut alter the terms of this contract so as to release Department of any obliqation 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 changcs in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation, StCTION 11, SU;'cPENSJJLII! In the event that Contractor falls to comply with any term of this contract, Department milY, upon wf'itten notification to Contractor, suspend this con- tract in ~JllOle or in part and prohibit Contractor from incurring additional obligations of funds under this contract. Upon suspension of this contract by Department, Department may cause further, payments to Contractor to be withheld by placing a stop payment order with HUO, A stop payment order placed pursuant to this paragraph shall continue in full force and effect until such time as Department determines that the delinquent obligations for which funds are withheld are fulfilled by Contractor, SECTION 18, I E R M lli!l.TjQti A, Department shall have the r'ight to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contr'act whenever Department determines that Contractor has failed to comply with any tcrm of this contract, Department shall notIfy Contractor in writing prior to thc fifteenth (15th) day preceding He 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, 0, 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 continu- ation of the activities funded under this contract would nol produce benefi- c i ill results cornmensura te wi th the further expend i ture of funds; provided that both parties agree, in writing, upon the termination conditions, includ- ing the effective date of such termination; and in the case of partial termi- nation, 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 out- standing 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, Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract, PAGE fi OF 11 "uL>:ilhSlanding any ,J'ni';e llY IkpM'tment (, its r'i~"t of suspension .ndcr Seclion II or thi<; (OnlrilcL, or' of early termination pursuant to this .section 10, COlltr,lctor ,;lla11 nolbe relieved of any lidbility to Department of damage, due to Department by virtue of any breach of this contract by Contractor, Department OldY cause payments to Contractor to be withheld until such time dS the exact amount of damages due to Department from Contractor is agreed upon or is otll(~rwi5e determined. SEC1!DN 19, ilUQH A, Unless otherwise directed by Department, Contractor shall arrange for the pedor'mance of a financial and compliance audit of funds received 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 (hereinafter referred to as "Audit Act"), and OM8's Circular No. A-12&, "Audit Requirements for State and Local Governments," 49 Fed,Reg, 50134 (Dec, 26, 1984), for any of its Fiscal years in which Contractor receives more than $100,000 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, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. It includes awards received directly From Federal agencies, or indirectly through other units of State arid local governments. 2. Contractor shall have an audit made in accordance with the Audit Act and OMB's Circular A-12&, or in accordance with the audit requirements specified in Attdchment P of OMB Circular A-102, as reflected in 24 CFR Part 44 and as supplemented by Section 5,1&7 of the Management Standards, for any fiscal year in which Contractor receives between $25.000 and $100,000 in Federal Financial as,istance, 3, Contractor' shall have an audi t made in accordance with Attachment P of OND Circular A~102, as supplemented by Section 5.1&7 of the Management Standards, for any fiscal year in which Contractor receives less than $25,000 in reeleral fianancial assistance, 4. Nothing in this Section 19 exempts Contractor from maintaining records of assistance provided under this contract or from providing access to such records to a Federal agency or Department, as provided For in Section 7 of this contract:. 5, Where contract, are awareled for audit services, the contracts shall include a reference to the Audit Act and OMS Circular A-126, S, Unless otherwise specifically authorized by Department in writing. Contractor shall NOT utilize funds provided under this contract to pay for the cost of audit services required under subsection A of this Section 19, C, Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department no later than one hundred twenty (120) days after the end of the audit period, Audits performed under this Section 19 are subject to review and resolution by Department or its authorized representative, Resolution of findings shall be made within ,ix (&) months aFter rcceipt'of the auelit report by Department, "AGL 9 OF 11 -'- - Contractor Ilnderstam1~; and ilyrees Ulatit Shilll tilke immediate dppr'opri(llc cC)t~rect iVf: JctioT! dfter iS5udncc of Lhe audit report in .instances of fllcllcrid1 noncornpl-idncl: ..riLh ] (}I...)S , rC9ulitt'ions or this contrdct. but. shall, in any Event, be liable to Oepdrtment for any costs disallowed pursuant to financial and compliance audlt(s) of funds receIved under this contract, COfltrdctor further uf1clerst.dnds dnc1 agrees t.hdt r'cimIJuf'sement to Dep(jr'l.ml:-~nt of such disallowed costs Shilll be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract, E, Contractor shall take such action to facilitate the performance of such audit or dudi ts conducted pursuant to this Sect ion 19 as Department may require of Contractor, SECTION 20, ENV I flQj'JfIEJ!H'LJLE[\RA.NrrJl,LQU I RH1UHS A, Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision-malng, and other actIon which would otherwise apply to Oepartment under Section 5304(f) of the Act, in accordance with and to the extent specified in 24 C,F.R, Part 58. In accordance with Section 58,77(b) of such regulations, Contractor further understands and agrees that Contractor shilll handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certIfications, 0, Contractor shall complete a written Finding of Categorical Exclusion, as applicable under 24 C,F,R, Section 58,35 (a), which cites the subsection of Section 58,35 (a) by which the activities or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C,F,R, Part 58, Contractor shall then publish a Notice of Intent to Request Release of Funds in the manner prescribed in 24 C,F,R, Section 58,43, Contractor shall provIde the public with at least seven (7) calendar days to commcnt on the Notice foll()\oJing its publicatIon date, Finally, Contractor shall concurrently submit to Department the following documents: 'J) a Request for Release of Funds form; 2) the \~rjtten Finding of Categorical Exclusion described above; and 3) a Publisher's Affadavit for the Notice of Intent to Request Release of Funds notice, Upon receipt of such documents, Department: must allow a 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 C of this contract, Contractor shall document its compliance with such other requirements in its environmental review file, SlCllON ;>l, !A~O~~;lA_I'!D AB.l)~ A, All laborers and mechanics (except laborers and mechanics employed by a State or local government acting as the principal contractor on the project) employed in the rehabilitation of a project assisted under the Rental Reha- bilitiltion proyram that contains 12 or more dwelling units shall be paid wages at rates not less than those prevailing on similar rehabilitation in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-8acon Act (40 IJ,S,C, 2'IFjd'276a-5), and contracts involving their employment shall be PAGE 10 OF 11 . '"" Jcct to the provis\ '. as applicable, of the Contr. . Work Hours and ,.rety Stdndards Act (40 U,$,C, 32/-333), Contractors Shall comply with regulations issued under these Acts and with other Federal laws and regu- lations pertaining to labor stdndards, as applicable, ,.l 8, Contractor shall lnclude the su~stance of this Section 21 in all subcon- tracts and shall require Owners to comply with said labor standards, if applicable, as a precondition to receiving rental rehabilitation funds under this contract, SECTION 22. ORAL AND WRITTEN AGREEMENT~ 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, 4 Pages 2. Exhibit B, Certifications, 1 Page 3. Exhibit C, Applicable Laws and Regulations, 2 Pages 4. Exhibit D, Schedule for Committing Rental Rehabilitation Funds, 1 Page WITNESS OUR HANOS EFFECTIVE APRIL 15, 1985. David H. Doty City Manager City of Paris Approved and accepted on behalf of the Texas Department of Community Affairs, Rafael Quintanilla, Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Community Affairs or by his authorized designee. PAGE 11 OF 11 Exhibit 1\ PU!llJl!Mi\NCL STi\TU~ENI Contractor shall use rental rehabilitation funds to help support the rehabiliLation of privaLely owned real property to be used for primarily residential rental purposes in order to help provide affordable, standard housing for lower income families and to increase the availability of housing units for the use of voucher and certificate holders under Section 0 of the united States Housing Act of 1931, Contractor shall carry out eligible rehabilitation activities under the Texas Rental RehabiliLation Program ("TRRP") in a manner which shall comply with the requirements of this contract. including this Exhibit A, Section I. REUil.~jlJ.IMIm:LOF PRIVATE PROPERTY Contractor shall rehabilitate substandard rental units by providing rental rehabilitation funds to each Owner for the project specified in Owner's rental rehabilitation program application. The amount of rental rehabili- tation funds for any project shall not exceed an average of $5.000 per unit. and shall not exceed 50% of the total cost of eligible rehabilitation costs with respect to itle project unless Contractor applies for, and Department approves in writing, a higher amount for a project, The minimum level of rehabilitation of projects to be required for participation in the rental rehabilitation program shall not be less than an average of $600 per dwelling unit per project for eligible rehabilitation costs, For purposes of this contract, including this Exhibit A, "Owner" means one or more individuals, corporations, partnerships, or other legal entities that hold valid legal Litle to the property to be rehabilitated, Section II. LQ~1R-I~COME BENEfIT Al least 10% of the amount of rental rehabilHation funds provided under this contract shall be used for the benefit of lower income families, for purposes of this Section II, benefit for lower income families will be considered to occur only where dwelling units in projects rehabilitated with rental rehabilitation funds are initially occupied by such families after rehabilitalion, "Lower income family. means a lower income family, as defined in 2~ crR 013,102, Section III. fBjMAJ<I1L!,-r;.?lQENTIAL RENTAL USE Rental rehabilitation funlis shall only be used to n~habilitate projects to be used for primarily residential rental uses, For purposes of this Section III, a project is used for pr'imarily residential rental purposes if al least 51% of the renlable floor space of the project is used for residential rental purposes after rehabilitalion, except that in the case of a two-unit building, aL least 50% of the rentable floor space after rehabililation must be used for residential renlal purposes, Section IV, !=9HJ!.tCnQtLQL_S_llB51flNOA~ COl1QJ T ION;;' Rental rehabilitation funds shall only be used to rehabilitate projects Pf,GF 1 or 4 cll. bcron~ rehallil iL ,on, tldV" one or more ,istalld"., condilic,}/;ls, A.,f;er rctldhilitdtion, "dch ullit in the pr'oject musl, ell. a minimum, meet the S.ection n Housiny Qualil.y Standanh for Ixisting lIousing contained in 2~ CFR IHlt,109, fo,' pu,'poses of Ihis Seclion tV. substalld"rd conditions are those Ilou',ing conditiolls that do nol. meet. applicdble Stale or local housing codes or' do nol. meet the Section 1I110using Qualily Stdlldards, Sec lion V, S,EJJ;"(:Tl ()f>l,()EIL ill IftLLJiCI GliBOIHIQOD~ Rental rehabilitation funds shall only be used to assist the rehabilitation of pr'ojects located in neighborhoods (a) where the med'ian income does Lot exceed 80% of the median income for the area. and (b) which meet the rent affordabilily slandard set forth in 24 erR 51L10(d)(2), Section VI, DISPL,\CEMENI OF LOWER INCor~E FAMILIES Rental rehabilitation fonds may be used to rehabilitate structures only if the rehabilitation of the structur'e will nol cause the displacement of very low--income families by families who are not very low-income families. Displacement results if a lower income family is forced to move premanently from a project as a direct consequence of rehabilitation assisted under this contract. A lower income family may not be displaced without financial and advisory assislance sufficient to enable the family to obtain decent, safe, and sanitary housing at an affordable rent (as defined in 24 CrR 511,1 O( h) (1) (i i) (8)), Secl.ion VII. ilD_QPTlON..JlLLENANT ASSISTAN.cLE9LIC'( Uefore the establishment of a program account on behalf of Contractor under the C/MI system is authorized by Department, Contractor shall adopt and submit to Department a written tenant assistance policy (which shall be made available to the public upon request) concerning displacement, relocation assistance, and other assistance to tenants who reside or will reside in projects to be rehabilitated with funds provided under this contract, The tenant assislance policy shal I be developed in accordance with the guidelines specified in 24 CrR 511 ,10(h)(2) and shall be subject to Department's appr'ova 1, Seclion VIII, PROHIBITION AGAINST,CONDOMINIUM CONVERSION Priur to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees not to convert the unils in the project rehabilitated Hith rental rehabilitation funds to condominium ownership or any form of cooperative ownership not eligible to receive rental rehabilitation funds (as provided in 24 eFR 511 ,IO(c)) for at least ten (10) years beginning on the date on which the rehabilitation of the ullits in the project is completed, Sectioll IX, !lJ~CHIMINAT!ON AGAINST SUBSIDIZED TENANTS Prior to the time Contractor agrees to provide rental rehabilitation funds to an OHner for all Identifiable rehabilitation project, COlllractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its PAGE 2 OF ~ ~'--------.~_'n"~,,"" "..!':~~:~;'~;J~~~~iitL,""" lsiollS, with t.he Owner' under which the O,nll'r agrees not to discriminate aCjdinsL pro',pect.ive tenanl', [I!l t.he tJa',is of their receipt of. or eliCjibility (or, hOlJ';;ln'] (t,;;'.,isldrlCe under' any l-f'drr'dl. Stat.e ur 10ed1 housiny d<)sistdnC:t~ pru~Jram or. except for' d !tous-inq project hH' elderly persons. on the bJ.sis Lhat the te!lants have a minor child or chi Idren who will be rcsidinCj with them, for at ledst ten (10) years beginning on the date on which the rehabilitation of Lhe units in the project is completed, Section );, USE _QLJl! NT ^L r;Clt^ B f-LLI[I]J..QN_J, UN..Q_~~.LQ!L.llQlb';ll'1ii_J.:9!l F Af~,W E S ContracLol" shall ensure Lhat an equitable share of rental rehabilitation funds provided under this contract will be used to assist in the provision of housing designed for occupancy by families, Including large families with children. This requirement will be deemed satisfied if at least 10% of the renLal rehabilitation funds made available to Contractor is used to rehabilitate units conLainin,1 two or more bedrooms, Section XI, fRIORITY FOR USE or RENTAL REHABILITATION FUNOS Contractor shall ensure that a priorIty will be given to rehabilitating projects containing uniLs with substandard conditions that are occupied by very low-income families before rehabilitation. Sect i on X I 1. NONDISCRIMINATION AND [QUAL QPPORTUNITY Contractor agrees that renLal rehabilitation funds will be made available in conformity with the nondiscrimination and equal opportunity requirements contained in applicable laws and regulations which are set out in Sections I and III of Exhibit C of this contract, Failure of Contractor to meet the requirements of <,uch appl ie,ltlle Idw', ilnd regulat ion'; wi 11 n~sult in appropriate correct ive or rf'llIed lal ilction as provided for in this contract, in addition t.o any oLher sanctions authorized by law, Sect ion XIII, AFLU<J~AI1YJ:"'_fl:i[lB_I;r:1JNG Or._UNITS A, Before the establishment of a program account on behalf of Contractor under the CIMI system is authorized by Department, Contractor shall adopt and submit to Oepartment writLen procedures and requirements for affirmatively marketing units in rehabilitated projects through the provisions of information regar'ding the availability of units that are vacant afLer rehabilitation or thaL later' become vacant. Affirmative marketing stl'pS consist of good faith efforts to provide information and otherwise to attract l'ligible persons from all racial. ethnic and gender groups in the housing market area to the available housing, At a minimum, the affirmative marketing requirements and procedures adopted must. be in conformity with 24 CFR 511 ,10(m)(2)(i), ConLractor shall establish assessment procedures and criteria for its affirmative marketing program and shell1 annually assess suct, program Lo determine whether good faith efforts have been made to carry out such procedures and requirements, what objectives have been met, and what corrective actions are required, B, Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable n,habilitation project, ConlTactor shall execute a leCjally enforceable agreement, cont.aining remedies adequate to enforce its provisions, with the Ownpr under which the 0\1ner agr'ees to I'llGt :3 OF 4 --_.~,~ ,,"V with the con<1it 5 of Cootra~tor', , "1~lti~t' ,fkOLlI\~ """4Iu'h'I'HWlt.S <111<1 procedure" adopted under' sllhsectlOn (A) u1 th15 SectIon XIII t.h,),t; '>,hil11 1,(' applicable lor a period 01 ,even year', [",ginnin'l on the date on wl>\kl~: all the uoiL', 'in the project ar'e completed, Section XIV, SLLECTION or PROPOSALS AND EVIDENCE Ot FINANCIAL fEASIBILI1Y, Before the establishment of a program account on behalf of Contractor under the C/r~1 system is duLhoril.cd by Depart.ment, Contractor shall develop and submit to Department written standards and procedures governing Contractor's selection of proposals of Owner, which include buL are not limited to, (i) the extent to which the proposal represents the efficient use of rental rehabilitation amounts and voucher and certificate dssistance in connection therewith, and (ii) the extent to which the dwell'ing units involved will be adequately maintained and operated with rents at the levels proposed, Moreover, before selection of a proposal by Contractor occurs, Contractor must have evidence demonstrating the financial feasibility of the proposed rental rehabilitation project, inclUding the availability of non-Federal governmental and privdte resources, PAGE 4 OF 4 :'r'...'~,;,,'1""'-'I,o", "'.""J_... f.xh\blt !\ cr IHIFlCAT lOW; I, 1)_"\ljP'~ _Dor:- ,(_____ (Name) 0\''( MI:\I.lAGoEJ{. ------ (nt'iej--- 'Pp,t<,I$ (C i ty/CouflLy)-- CERTIIY OY THE WI1H RESPECT TO THE EXPENDITURE OF FUNDS 61T'1' OF PARI< , THAT: (City/Counly) PROVIDED UNDER THIS CON1RACT 1, It will not subject projects rehabilitated with rentaT rehabilitation monies to Slate or local rent controT unless the renl control requirements or agreements (i) were entered into under State law or local ordinance of gener- al applicability that was enacted and in effect in the jurisdiction before November 30, 1983, and (ii) apply generally to projects not assisted under the Rental Rehabilitation Program, 2. It wilT not provide rental rehabilitation grant amounts to projects assisted, or for which a commitment for assistance has been entered into, under the United States Housing Act of 1937 (except projects assisted under the Rental Rehabilitation Program or the Section 8 Existing Housing Program under 24 CFR Part 882, Subparts A and 0), or projects assisted under Sections 221(d)(3) or 236 of the National Housing Act, or Section 202 of the Housing Act of 1959, 3, It will not employ, engage the services of, award contracts to, or fund any contractors or subcontractors duri ng any per'i od of debarment, suspens ion or placemenl in ineligibility status, as provided by 24 CFR 24, 4, It shall not displace lower income families without financial and advisory assistance sufficient to enable the family to obtain decent, saFe, and sanitary housing at an affordable rent. S, It will adopt appropriate procedures and requirements for affinnatively marketing uni ls in rehabili lated projects which must include those elements listed in 24 eFR 511 ,lO(m)(2)(i)(A) through (E), 6, It will enter into legally enforceable agreements with Owners of selected projects under which the Owner agrees to comply with the prohibition against condominium conversion, as set forth in Section VIII of Exhibit A, the prohibition against discrimination, as set forth in Section IX of Exhibit A, and the conditions of Contractor's affirmative marketing requirements and pro- cedures, as adopted pursuant to Section XIII of Exhibit A, ----_._--_.__.~----_.,---_._---_._--~._-- Name of Authori zed ~iigna tor for Contractor ____?i','1' _M"'N~<Stel<. Title G ITV Or P"'~l~ i-fameoT-con t ra c tor--------------- -------------..- Date PAGE 1 01- '"--- ~ '~".', ~~... LxhibiL C TIlE APPLICABLE LAWS AND IlLGULATlONS Contractor shall comply with the Act specit ied in Sect ion 3 of this cont.ract and with the rules and regulations promulgated thereunder pertaining to the Hental HchalJilitation Progrdmin 24 C.f.R. Part 511, as amended; the ONS Circulars and the Management Standards specified in Section 6 of this contract; and with all other federal, state, and local laws and regulations appl icab Ie to the act i vi ties and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgat.ed thereunder specitied in Sections I through VI of this Exhibit C. 1 . I:1Y.ILJUli1il5 Title VI of the Civil Hights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24 C.F.Il. 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 VIII of the Civil Hights Act of 1968, 'The fair Housing Act of 1968" (42 U.S.C. Sec. 3601 et seq.); Executive Order ll063, as amended by Executive Order 12249, 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 requirement.s 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; Ihe Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and 'Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activit if" of the Department of Housing and Urban Development,' 48 Fed. Reg. 22470 (May 18, 1983) and 48 fed. Reg. 27528 (June 15, 1983); and Section 502 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 792); and The Architectural Barriers Act at 1968 (42 U.S.C. Sec. 4151 et seq.). II. ~AB.9B...STANO^RDS The Davis-Bacon Act, as amended (40 U.S.C. Sees. 276a - 276a-5) as appllcable.* The Contract Work Ilours and Safety Standards Act (40 U.S.C. 327 et seq.) as applicable.* *See Section 21 of th-is contract. [ II. f}~.!'l.0_'(f1fHI..9-')1l(J1!...f]i'JJIJ[2 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701 u). Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R. Chapt.er' 60). PAGE 1 Of 2 J.. '-, '> ,. ; ~"'(Ji~,~"j. . ~," . ~'2~__..,,~~;..tI.Q;L,'lll-.H" ...... ..........,....- -~ ~-~""- --j ...;utive Orders 11625, 12432, and 1213H. IV. !J.~)~llflSJJ).PAINJ. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sees. 4821-4846) and implementing regulations at 2~ C.f.R. 35. V. fNVIRONNENlAL STANDARDS AND HISTORIC PRESERVATIO~ Section 104(f) of the Housing dnd Community Oevelopment Act of 1974 and 24 C.F.R. Part 58, as amended. National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). 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 Hod Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Heg. 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-l), as amended by the Archeological and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a(a) and Section 4106(a)); Executive Order ll988, Floodplain Nanagement, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a); Executive Order ll990, Protection of Wetlands, r1ay 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; lhe 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. 1~56(c) and (d)); Ihe Safe Drinking Water Act. of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), 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); lhe 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 (e)); The Clean Air Act (~2 U.S.C. Sec. 1401 et seq.) as amended, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)); and, 24 C.f.R. Part 51, Environmental Critl~ria and Standards. VI. liSE QF.uJlJJJ~RI~[JlL:;;lI.SI'~NOJ.Q~!lKlJ'!.f.IJ(JIBLE ~J}!'!.IEtlC10R2 24 CFH Part 24, Debarment, Suspension and Ineligibility of Contractors and Grantees; Administrative Sanctions. PAGE 2 01 2 ~~.;~" , o~. , "~~ -' 1 Exhibit 0 SCHEOULE fOR COMMITTING RENTAL REHABILIlATION FUNDS Contractor shall have rental rehabilitation funds received under this contract committed to specific local projects in accordance with the timetable set out below. "Commit to specific local projects" means a legally binding agreement between Contractor and an Owner under which the Contractor agrees to provide rental rehabilitation funds to the Owner for identifiable rehabilitation project that can reasonably be expected to start construction within 90 days of the agreement and the Owner agrees to start construction within that period. Upon written request by Contractor, Department may, at its sole option and in its sole discretion, alter and amend the schedule for con~itting rental rehabilitation funds by written letter of notification. This notification procedure shall be an exception to Section 16 of this contract requiring all amendments to be in writing and executed by both parties thereto. 2nd Quarter HY 1985 3rd Quarter TTY 1985 4th Quartf~r FLY 1985 1st Quarter' FFY 1986 January-March April-June July-September October-December -0. $35,000.00 $70,000.00 $100,000.00 Page 1 :of 1