1994-061-RES WHEREAS, the City Council of the City of Paris did Resolution No. 93-094 authorize an application to be
,~
r.
RESOLUTION NO. 94-061
WHEREAS, the City Council of the City of Paris did heretofore in
Resolution No. 93-094 authorize an application to be made to the Texas Department
of Housing and Community Affairs for the Community Development Fund Grant
under the Texas Community Development Program; and,
WHEREAS, the Texas Department of Housing and Community Affairs has
issued its Contract Award, entitled, "TCDP CONTRACT NO. 703669" for the year
beginning April 11, 1994, ending April 10, 1996 amount of $250,000 requiring
matching funds of $111,063.00; and,
WHEREAS, it is deemed to be in the best interest of the citizens of Paris that
the City of Paris accept said Grant Award for the Booker T. Washington Phase III,
street curb and gutter, paving and drainage improvements in the City of Paris;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Texas Community Development Program grant award for the
Booker T. Washington Phase III, street curb and gutter, paving and drainage project,
be, and the same is hereby accepted; and
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris,
Michael E. Malone, be, and he is hereby authorized and directed to execute on
behalf of the City of Paris, the TCDP Contract No. 703669 in the form of Exhibit
A attached hereto.
PASSED AND ADOPTED this 13th day of June, 1994.
ATTEST:
~~~
Mattie Cunningham, City rk
APPROVED AS TO FORM:
/
/
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT FOR
COMMUNITY DEVELOPMENT PROGRAMS
STATE OF TEXAS ]
COUNTY OF TRAVIS]
SECTION 1
PARTIES TO CONTRACT
This contract and agreement is made and entered into by and between the Texas Department of
Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as
"Department", and the City of Paris, hereinafter referred to as "Contracto~'. 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 April 11, 1994, and shall terminate on April 10, 1996,
unless otherwise specifically provided by the terms of this contract.
SECTION 3.
CONTRACTOR PERFORMANCE
Contractor shall conduct, in a satisfactory manner as determined by Department, a community
development program, hereinafter sometimes referred to as CDBG, in a non-entitlement area under
Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et
seq.), hereinafter referred to as the Act and the implementing regulations at 24 C.F.R. Part 570,
hereinafter, referred to as the Regulations. Contractor shall perform all activities in accordance YIith 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 0; 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 Liability
In consideration of full and satisfactory performance of the activities referred to in Section 3 of this
contract, Department 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 Department's obligations under
this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet
Page 1 of 12
EXHIBflA .;
Department's liabilities under this contract. If adequate funds are not available to make payments
under this contract, Department shall notify Contractor in writing within a reasonable time after such fact
is determined. Department shall terminate this contract and will not be liable for failure to make
payments to Contractor under this contract.
2. Department 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
Department or Contractor.
3. Department 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. 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 with the terms of this
contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract.
5. 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 Certificate of Completion
referred to in Section 8 (C) of this contract.
6. Department shall not be liable for costs incurred or performances rendered by Contractor before
commencement of this contract or after termination of this contract, except as may be specifically set
forth in Exhibit B, Budget, of this contract.
B. Excess Payments
Contractor shall refund to Department any sum of money which has been paid to Contractor by
Department, 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 Contractor to Department within thirty (30) working days after
such refund is requested by Department.
C. Limit of Liability
Notwithstanding any other provision of this contract, the total of all payments and other obligations
incurred by Department under this contract shall not exceed the sum of Two Hundred Fifty Thousand
and No/100 Dollars ($250,000).
SECTION 5.
METHOD OF PAYMENT
A. Contractor shall submit to Department at its offices in Travis County, Texas, a property completed
Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually
needed. Department shall determine the reasonableness of each amount requested and shall not
make disbursement of any such payment until Department has reviewed and approved such Request. .
B. Contracto~s requests for advance shall be limited to the minimum amounts needed for effective
operation of programs under this contract, and shall be timed as closely as possible to be in accord with
actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between
Page 2 of 12
the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as
soon as administratively possible.
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 Contracto(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, COST
PRINCIPLES, AND PROGRAM INCOME
A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with
the Regulations and, for matters not addressed therein, with Office of Management and Budget (OMB)
Circular A-102, as revised January 1981, in performing 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 Govemor under the Uniform Grant and
Contract Management Act of 1981 (TEX. GOV'T. CODE ANN. Chapter 783), and this contract.
B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to
account for program income related to activities financed in whole 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 Department 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 Department.
3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to
Department for its 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. Any program income earned by the Contractor from this
contract, prior to the establishment and approval of a Revolving Loan Fund plan by Contractor must be
returned to Department. In the event Department does not approve the plan submitted by Contractor,
Contractor shall return such program income to Department within thirty (30) working days after receipt
of Department's notification of disapproval.
SECTION 7.
RETENTION AND ACCESSIBILITY OF RECORDS
A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds
made under this contract in a manner which confonns to OMS Circular A-87, Section 570.490 of the
Regulations, and this contract. Such records must indude data on the racial, ethnic, and gender
Page 3 of 12
characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided
under this contract. Contractor shall retain such records, and any supporting documentation, for the
greater of three years from doseout of this contract or the period required by other applicable laws and
regulations as described in the Regulations.
B. Contractor shall give the United States Department of Housing and Urban Development, the
Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department,
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 and to provide
citizens reasonable access to such records consistent with the Texas Open Records Act.
C. Contractor shall include the substance of this Section 7 in all subcontracts.
SECTION 8.
REPORTING REQUIREMENTS
A. Contractor shall submit to Department such reports on the operation and performance of this
contract as may be required by Department including but not limited to the reports specified in this
Section 8.
B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the
end of each calendar Quarter of the contract period specified in Section 2. a Quarterly Proaress Report
of the prOQress, 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 Department 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 Completion to Department no later than sixty (60) days after
the contract tennination date or at the conclusion of all contract activities as determined by Department.
The Certificate of Completion shall be in a format prescribed by Department and shall include a final
Project Completion Report of all activities performed under this contract.
D. In addition to the limitations on liability 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 contract, Department may, at its sole option and in its
sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If
Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons
therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as
the delinquent obligations for which funds are withheld are fulfilled by Contractor.
SECTION 9.
MONITORING
Department reserves the right to perform periodic on-site monitoring of Contractors compliance with the
terms and conditions of this contract, and of the adequacy and timeliness of Contractors performances
under this contract. After each monitoring visit, Department shall provide Contractor with a written
report of the monitors findings. If the monitoring reports notes deficiencies in Contractors
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
Page 4 of 12
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 Department is contracting with
Contractor as 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 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 Departmenrs 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 Department, for each such proposed subcontract, and Contractor has obtained
Department'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, Department 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
Department'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. Department's approval under Section 11 does not constitute adoption, ratification, or
acceptance of Contractor's or subcontractor's performance hereunder. Department 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. Department does not waive any right of action which may exist or which may
subsequently accrue to Department under this contract.
C. Contractor shall comply with all applicable federal. state, and local laws, regulations, and ordinances
for making procurements under this contract.
D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each
construction or rehabilitation subcontract entered into by Contractor until Department determines that
the Federal labor standards requirements applicable to each such subcontract have been satisfied.
SECTION 12.
CONFLICT OF INTEREST
A. 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 anse 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. Contractor shall comply with Chapter
171, Local Government Code.
Page 5 of 12
B. In all cases not govemed by Subsection (A) of this Section, no persons specified in subsection (C)
of this Section who exercise or have exercised any functions or responsibilities with respect to the
activities assisted under this contract or any other CDBG contract or who are in a position to participate
in a decision making process or gain inside information with regard to such activities, may obtain a
financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any
interest 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. The conflict of interest provisions of Subsection (8) apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of
Contractor.
D. Contractor shall include the substance of this section in all subcontracts.
SECTION 13.
NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion,
sex, age, or handicap be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under or be denied access to any program or activity funded in whole or in part with
funds made available under this contract.
B. None of the perfonnances 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 perfonnance 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. 570.2000).
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 perfonn hereunder.
8. 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 tenns, perfonnances, and
provisions herein set forth.
C. Department shall have the right to suspend or tenninate 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 perfonnances hereunder. Contractor is liable to Department for any money it has received from
Department for perfonnance of the provisions of this contract, if Department has suspended or
tenninated this contract for reasons enumerated in this Section 14.
SECTION 15.
LITIGATION AND CLAIMS
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
Page 6 of 12
may be entitled to be reimbursed by Department. Except as otherwise directed by Department,
Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor
with respect to such action or claim.
SECTION 16.
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 Act, the Regulations, the assurances and certifications made to
Department by Contractor, and the assurances and certifications made to the United States
Department of Housing and Urban Development by the State of Texas with regard to the operation of
the Texas Community Development Program. Based 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 are amended by the provisions of the TCDP Proiect
Implementation Manual and any amendments thereto and may further be amended in the following
manner. Department 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 Director of the TCDP in the form of TCDP
issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon
Contractor, as if written herein, provided however that said policy directives and any amendments to
said Manual shall not alter the terms of this contract so as to release Department 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 Department'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
3. Contractor submits a budget revision report to Department, on a fonn specified by Department.
simultaneously with the submission of Contractors first Request for Advance Form 270 following any
such transfers made in accordance with this Subsection D.
SECTION 17.
SUSPENSION
Notwithstanding the provisions of TEX. GOYT. CODE ANN. Chapter 2251, in the event Contractor fails
to comply with any term of this contract, Department 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.
Page 7 of 12
SECTION 18.
TERMINA TIQN
A. Department 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 Department determines that
Contractor has failed to comply with any term of this contract. Department shall notify Contractor in
writing prior to the thirtieth (30th) 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.
8. 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, induding 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.
Department shall not be liable to Contractor or to Contractors creditors for costs incurred after
termination of this contract.
D. Notwithstanding any exercise by Department 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 Department for damages due to Department by virtue of any breach of this contract by
Contractor. Department may withhold payments to Contractor until such time as the exact amount of
damages due to Department from Contractor is agreed upon or is otherwise determined.
SECTION 19. AUDIT
A. Unless otherwise directed by Department, 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. 31 U.S.C.
Sec. 7501 et. seq., and OMS Circular No. 128, "Audits of State and Local Governments", and the
implementing regulations at 24 CFR Part 44, 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 indude
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 Department under this contract, provided however that Department shall not make
Page 8 of 12
payment for the cost of such audit services until Department has received a satisfactory audit report as
determined by Department, from Contractor;
4. Unless otherwise specifically authorized by Department in writing, Contractor shall submit the
report of such audit to Department 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. Contractor
shall ensure that the audit report is made available for public inspection within thirty (30) days atter
completion of the audit. Audits performed under Subsection A of this Section 19 are subject to review
and resolution by Department or its authorized representative.
5. The audit report must include verification of all expenditures by budget category including local
funds, in accordance with Exhibit B, Budget, of this contract.
B. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered under this
contract. Contractor agrees to permit Department or its authorized representative to audit Cootracto~s
records and to obtain any documents, materials, or information necessary to facilitate such audit.
C. Contractor understands and agrees that it shall be liable to Department for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract. ContractQ(' further
understands and agrees that reimbursement to Department 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 such action to facilitate the performance of such audit or audits conducted
pursuant to this Section 19 as Department 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 Department under Section 5304(D 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 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, and the TCDP Project Implementation Manual. Contractor must then follow
the steps specified in this subsection to ensure compliance with the National Environmental Policy Act
(NEPA). 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
Page 9 of 12
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 is
accordance with Subpart H or Subpart I of 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.F.R. Sections 58.43 and 58.44. a combined
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 Department the following documents:
1) a Publishers Affidavit and Certification form, for the combined legal notice; and
2) a Request for Release of Funds form.
Upon receipt of such documents, Department 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 D of this contract. Contractor shall document its compliance with such other
requirements in its environmental review file.
SECTION 21.
CITIZEN PARTICIPATION REQUIREMENTS
A. Contractor shall provide for and encourage citizen participation, particularly by low and moderate
income persons who reside in slum or blighted areas and areas in which the funds provided under this
contract are used, in accordance with Section 570.486 of the Regulations and this contract;
B. Contract shall hold a public hearing concerning any activities proposed to be added. deleted. or
substantially changes, as determined by the Department, from the activities specified in Exhibit A.
Performance Statement. of this contract;
C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its
performance under this contract;
D. 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 Contractors 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. Department 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 and distributed to interested community groups.
2. One of the public hearings shall be held after 5 p.m. on a weekday or on a Saturday and both
hearings must be conducted at a location convenient to potential or actual beneficiaries, with
accommodation for the handicapped.
Page 10 of 12
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.
E. 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 TEX. GOV'T. CODE
ANN. Chapter 552.
F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a
timely written response to complaints and grievances. Such procedures shall comply with the
requirements of the Texas Community Development Program Complaint System, 10 T AC Sec. 1.11 -
1.13. Contractor shall ensure that its citizens are aware of the location and hours at which they may
obtain a copy of the written procedures and the address and phone number for submitting complaints.
SECTION 22.
SPECIAL CONDITIONS
A. Department shall not release any funds for any costs incurred by Contractor under this contract until
Department has received a copy of Contractors previous fiscal year audit report or certification from
Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper
disbursal of and accounting for funds provided under this contract. Department shall specify the
content and form of such certification.
B. Department shall not be liable to Contractor for any costs incurred by Contractor under this contract
until Department receives a properly completed Depository/Authorized Signators Form. as specified by
Department, from Contractor.
C. 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 Department.
D. In accordance with Section 18 of this contract, this contract shall terminate six (6) months after the
commencement date specified in Section 2 unless activities funded under this contract have begun by
such date.
SECTION 23.
DEBARMENT
By signing this contract, Contractor certifies that it will not award any funds provided under this contract
to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Contractor shall
receive the certification provided by the Department from each proposed subcontractor under this
contract and its principals.
SECTION 24.
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.
Page 11 of 12
B. The attachments enumerated and denominated below are hereby made a part of this contract, and
constitute promised perfonnances by Contractor in accordance with Section 3 of this contract
1. Exhibit A, Perfonnance Statement, 2 Pages
2. Exhibit B, Budget, 2 Pages
3. Exhibit C. Project Implementation Schedule. 1 Page
4. Exhibit 0, Applicable Laws and Regulations, 2 Pages
5. Exhibit E, Certifications, 2 Pages
SECTION 25. VENUE
For purposes of litigation pursuant to this contract, venue shaUlie in Travis County, Texas.
WITNESS OUR HANDS EFFECTIVE April 11, 1994.
Michael Malone, City Manager
City of Paris
Approved and accepted on behalf of the Texas Department of Housing and Community Affairs.
Henry Flores, Executive Director
Texas Department of Housing and Community Affairs
This contract is not effective unless signed by the Executive Director of the Texas Department of
Housing and Community Affairs or by his/her authorized designee.
Page 12 of 12
EXHIBIT A
PERFORMANCE STATEMENT
City of Paris
Contractor shall carry out the following activities in the target area identified on the map in its 1993
Community Development Fund application. The term "contract funds" means funds provided by
Department to Contractor under this contract.
Street Improvements
Contractor shall install eight thousand one hundred linear feet (8,100 I.f.) of curb/gutter, asphalt
surface, and concrete driveway approaches at the following locations:
STREET FROM !Q
Henderson St. 3rd N.E. 5th N.E.
Garrett St. 3rd N.E. 5th N.E.
5th N.E. Garrett St. MLK Drive
6th N.E. MLK Drive Hickory St.
7th N.E. T.G. Givens School Hickory St.
Williams St. 6th N.E. dead end
These activities shall benefit ninety-nine (99) persons, of which eighty-eight (88) or eighty-nine
percent (89%) are of low to moderate income. Contractor shall utilize One Hundred Eighty-six Thousand
Nine Hundred Sixty-eight and No/100 Dollars ($186,968) of contract funds to complete these construction
activities.
Flood and Drainaoe Facilities
Contractor shall install one thousand two hundred sixty linear feet (1,260 I.f.) of forty-eight inch
(48") storm sewer on 6th N.E. from Martin Luther King Jr. Drive to Hickory Street with nine (9) storm sewer
inlets.
These activities shall benefit ten (10) persons, of which ten (10) or one hundred percent (100%)
are of low to moderate income. Contractor shall utilize Sixty-three Thousand Thirty-two and No/100
Dollars ($63,032) of contract funds and Seventy-four Thousand Six Hundred Sixty-eight and No/100
Dollars ($74,668) of local funds to complete these construction activities.
Enoineerina
Contractor shall utilize Thirty-three Thousand Eight Hundred Fifty-six and No/100 Dollars ($33,856)
of local funds to pay for all eligible project-related engineering services, including preliminary and final
design plans and specifications, all interim and final inspections, and all special services.
Page 1 of 2
. Administration
Contractor shall utilize Two Thousand Five Hundred Thirty-nine and NoI1oo Dollars ($2,539) of
local funds to carry out all project administration activities, induding the cost associated with the required
annual program compliance and fiscal audit. It is further understood that any costs above the amount of
contract funds incurred by Contractor for these activities shall be paid for with local funds.
Page 2 of 2
EXHIBIT B
BUDGET
City of Paris
CONTRACT OTHER
LINE CATEGORIES FUNDS FUNDS TOTAL
1a. Water Facilities $ $ $
1b. Sewer Facilities $ $ $
2. Solid Waste Disposal Facilities $ $ $
3. Other Public Utilities (Gas) $ $ $
4. Street Improvements $ 186.968 $ -0- $186.968
5. Flood and Drainage Facilities $ 631032 $ 74.668 $ 137,700
6. Neighborhood Facilities! $ $ $
Community Centers
7. Senior Centers $ $ $
8. Centers for the Handicapped! $ $ $
Sheltered Workshops
9. Par1<s. Playgrounds, and Other $ $ $
Recreational Facilities
10. Fire Protection Facilities $ $ $
and Equipment
11. Par1<ing Facilities $ $ $
12. Pedestrian Malls and Walkways $ $ $
13. Specially Authorized Assistance $ $ $
to Privately Owned Utilities
14. Specially Authorized Public $ $ $
Facilities and Improvements
15. Public Services (LIMITED TO $ $ $
15% OF REQUEST)
16. Interim Assistance $ $ $
17. Rehabilitation of Private $ $ $
Properties
Page 1 of 2
LINE CATEGORIES
CONTRACT
FUNDS
OThc;r{
FUNDS
TOTAL
18. Rehabilitation of Public $ $ $
Residential Structures
19. Public Housing Modernization $ $ $
20. Clearance Demolition Activities $ $ $
21. Historic Preservation $ $ $
22. Removal of Architectural Barriers $ $ $
23. Code Enforcement $ $ $
24. Acquisition $ $ $
25. Relocation Payments & Assistance $ $ $
26. Economic Development Loan $ $ $
27. Economic Devel. Interest Subsidy $ $ $
28. Economic Devel. Loan Guarantee $ $ $
29. Special Activities by Local Devel $ $ $
Corporations. Etc.
30. Eng ineering/ Architectural Serv. $ -0- $ 33.856 $ 33,856
(Total for all construction accounts)
31. Planning & Urban Env. Design $ $ $
(NOT TO EXCEED 16%)
32. General Administration $ -0- $ 2,539 $ 2,539
TOTALS
$ 250,000
$111.063
$ 361,063
Page 2 of 2
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EXHIBIT 0
THE APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB
Circulars specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R.
Part 205); and with all other federal, state, and local laws and regulations applicable to the activities and
perfonnances 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, "Nondiscnmination
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 Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. See 3601 et seq.), as
amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscnmination
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 Discnmination 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 "Nondiscnmination 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.), induding the use of a telecommunications device for deaf persons
(TDDs) or equally effective communication system.
II. LABOR STANDARDS
The Davis-Bacon Act, as amended (40 U.S.C. Sees. 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
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.1701u).
IV. lEAD-BASED PAINT
Section 302 of the lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures
established by the Department thereunder.
Page 1 of 2
V. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 C.F.R. Part
58'
,
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;
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 Sec. 4106(a));
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(n 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);
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. AQQUISITION/RELOCA TION
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. Section 570.496a.
Page 2 of 2
EXHIBIT E
CERTIFICATIONS
I, Michael Malone, City Manaoer, City of Paris
CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY
THE City of Paris, THAT;
(1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES
ASSISTED WITH SUCH FUNDS;
(2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH
THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. SEC. 2000a at seq.) AND THE FAIR HOUSING ACT
(42 U.S.C. SEC 3901 et. seq.), AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING,
AS SPECIFIED BY DEPARTMENT;
(3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS
AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT
PROGRAMS, AS SPECIFIED BY DEPARTMENT;
(4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVE-
MENTS 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 (A) 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 (B) FOR PURPOSES OF ASSESSING ANY
AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE
INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS
CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A).
(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
BY THE DEPARTMENT.
(6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE
FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY
INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY
OF ENFORCING APPLICABLE STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING
ENTRANCE TO OR EXIT FROM A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH
NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION.
Name
Date
Page 1 of 2
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS. LOANS, AND COOPERATIVE AGREEMENTS
THE UNDERSIGNED City of Paris
CERTIFIES, TO THE BEST OF ITS 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 A TTEMPT.ING 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.
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 TO FILE THE REQUIRED CERTIFICATION
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN
$100,000 FOR EACH SUCH FAILURE.
SIGNED:
DATE:
NAME
TITLE (MAYOR/JUDGE)
Page 2 of 2