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2008-100-RES-Approving and authorizing the execution of a professional management services agreement to implementa contract administration system under the general direction of the TX community dev. block grantRESOLUTION NO. 2008-100 Blc Pri A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT STEP PROGRAM; MAKIIVG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBjECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris is a participant in the Texas Community Development Grant Program and is a recipient of grants for the Small Towns Environment m (STEP) Fund; and, WHEREAS, the City of Paris is in need of management services under the aforesaid P (STEP) Program; and, WHEREAS, the City of Paris has received a proposal for such services from Resource Ma agement & Consulting Company in the form attached hereto as Exhibit A; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that the City into a professional services agreement with Resource Management Consulting corppany; L NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PA IS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in ill things approved. Section 2. That the proposal of Resource Management and Consulting Company to mplement a contract administration system under the general direction of the TDCP an for certain services in connection with the Small Towns Environment Program for the Ci of Paris as set forth in Exhibit A attached hereto, be and the same is hereby accepted; an , Section 3. That the City Manager be, and he is hereby authorized and directed to ex cute on behalf of the City of Paris a Professional Management Services Agreement with Re ource Management & Consulting Company substantially in accordance with the form att ched hereto as Exhibit A, and any and all other necessary documents to effectuate this A2 eement. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 24th day of November, 2008. se Jame,A Freelen, Mayor A Ellis, City Clerk AS TO FORM: W. IKent NlcIlyar'; ~ Attorney source Management & Consulting Co. Response to Request For Proposal CITY OF PARIS EXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME PROGRAM OFFICE OF RURAL COMMUNITY AFFAIRS EXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ExHIBITA Resource Management & Consulting Co. Community Development Consultants P.O. Box 6038, Paris, Texas 75461 Phone(903)784-b439 Fax (903) 784-2940 ddority@.neto.com >ctober 20, 2008 hawn Napier, City Engineer :ity of Paris, City Hall Annex 50 1 S` S. E. aris, TX 75460 ;E: Response to Request For Proposal Administration/ManagemenUConsultant Services iear Mr. Napier: hank you for the opportunity to submit this proposai to provide contract management services for our Office of Rural Community Affairs (ORCA) TXCDBG project impiementation and for the Texas >epartment of Housing & Community Affairs (TDHCA) HOME program implementation. Ve operate a small firm that is service oriented. The success of our firm is based on the personal =lationship we have with our clients and the personal service we provide them. Ve believe that we can effectively service your community. We will be responsibie for coordinating ie project, making sure that all state and federal regufations are observed, keeping the project or. timely schedufe, and insuring that the City's interests are pursued and protected. Ve have outlined information provided in this proposal as follows: Professional qualifications and abiiities - A statement of qualifications is pravided in this proposal to emphasize to you that through education and experience we have ail the qualifications and abilities necessary to implement a successful project in a timely manner. cxperience with grant writing and administration of grant programs - We understand and have the capacity to provide the attention to detaifs and timing that these programs require. We have an extensive familiarity with their rules and regulations. Provided is a recent list of cities and counties where TXCDBG and TDHCA funded projects have been successfully completed, as well as projects now in progress. Services and cost estimate - We have provided a sample contract agreement to inciude professional management scope of services and a cosi estimate in this proposal. ase let us know if additional information is required, ar if y°ou rave any questions 'Dincerely, kft~ &It-~ Denise Dority Dwner/Consultant tatement of Qualifications Resource Management & Consulting Co. is a consulting firm practicing in north and northeast fexas. The two principals have been active in the Small Cities Community Development :1rogram as managed by HUD and administered by the State of Texas. The firm specializes in he administration of State and Federal programs in conjunction with or on behalf of local urisdictions. ~source Management & Consulting Co. provides many specialized services, tailored precisely meet the needs of communities such as yours. gement and planning services include: Developing grant and loan applications Administering grant and loan projects Comprehensive plans Land use regulations Enterprise Zone Designation Historic Districts and Main Streets Cost effective studies Utility rate studies Earnings/expense projects iise Dority has extensive experience in the successful writing and administering of nmunity Development Block Grants, during previous employment and as a private sultant. In addition, Denise has experience with funding sources and contract administration other government programs such as USDA Rural Development, TDA, EDA, TxDOT, NRCS, u1A, TP&W and has proven ability to perform in an accurate and timely manner. Denise has vided for the successful implementation and closeout of many Comrnunity Development arams in and around north and northeast Texas. irry Dority has provided audit services for many Community Development Block Grants. His :pertise involved not only the scrutinizing of financial management, but equal opportunity quirements, labor standards requirements, and other federal compliance auditing. Larry ceived his degree in Business Administration in 1973 and became a Certified Public ;countant in 1975. harles Edwards' experience includes successful writing and administering of grant applications cluding the Office of Rural & Community Affairs, Texas Department of Housing & Community ffairs, Texas Municipal Solid Waste and Texas Parks & Wildlife. He has proven successful anaging and organizational skills through various grant projects. Additionally; his extensive )nstruction background has provided him with the organizational skills to complete projects on ne. Charles has a Bachelor of Science degree from Texas A&M - Commerce. Zachel Edward's experience includes working comprehensively with HOME Owner-Occupied iousing Assistance and Homebuyer Assistance programs as well as with the Office of Rural & ;ommunity Affairs. She works in the area of grant writing and project administration. She too, esearches additional funding sources from federal, state and private foundation grants. Rachel ias a Bachelor of Science degree from Texas A& M- Commerce. Relev nt experience with federai Community Development programs, through the Office of Rural Community Affairs and Texas Department of Housing and Comrnunity Affairs include but are not limited to the following: Cit of Alba 2007 TxCDBG Waier Improvements Project Lindy cCarty, City Secretary 2003 TCDP Street Paving & Drainage Project P. 0. ox 197 1998 TCDP Sewer Improvements Project 903/7 5-2396 1993 TCDP Water System improvements Project Cit of Annona 2008 TxCDBG STEP Wastewater System Improvements Project Georg English, Mayor 2006 TDHCA HOME Program Owner-Occupied P.O. ox 107, 75550 2006 TCDP STEP Water Improvements Project Award 903/6 7-3681 2005 TCDP STEP Water Improvements Project 2002 TCDP Wastewater System Improvements Project 1998 TCDP Wastewater System Improvements Project Jaime Morgan, Mayor 2002 TCDP Water System Improvements Project P. O. rawer 68, 75750 1993 TCDP Water System Improvements Project 903/8 9-6131 1989 TCDP Vliastewater Collectior System improvements Cit o Ave 2007 TDHCA HOME Program Owner-Occupied Housing 2007 STEP Water Improvements Bill Tr mm, Mayor 2007 HOME Program Owner-Occupied P. 0. ox 35, 75554 2003 HOME Program Owner-Occupied 903/6 4-3825 2002 TCDP Disaster Relief Project 2002 FEMA Hazard Mitigation Shelter Project 1999 TCDP Wastewater Improvements Project 1995 TCDP Water & Vl/astewater Improvements Cit o Blossom 2004 TCDP Wastewater Improvements Project Tony hance, City Aaministrator 2000 TCDP Wastewater improvemeiits project P. O. ox 297, 75416 _ 1996 TCDP Wastewater Improvements Project 903/9 2-5900 Cit Bonham 2008 TxCDBG STEP Water Improvements - Application Award Corb Alexander, City Manager 2005 HOME American Dream Downpayment Initiative 301 E . Fifth, 75418 2004 HOME !-lomebuyer Assistance Program 903/5 3-7555 2003 HOME Owner Occupied Housing Assistance Program Cit Commerce 2005 TCDP Sewer Imprcvements Project Dion iller, City Manager 2005 HOME American Dream Downpayment Initiative Mart Cunningham, City Sec. 2004 HOME Owner Occupied Housing Assistance Program 1119 lamo, 75428 2003 TCDP Water & Sewer Improvements Project 903/ 86-1100 2001 HOME Homebuyer Assistance Program 2001 HOME Owner Occupied Housing Assistance Program 2000 TCDP Water & Seuver Improvements Project 2000 TDED Texas Capital Fund 2000 TCDP Housing infrastructure Fund 1996 HOME Homebuyer Hssistance Program 1996 HOME Interim Corstruction Program 1996 TCDP Housing De!nonstration Fund 1992 TCDP Water Treatment Plant Project Cit f Coo er 2008 Municipal Solid Waste Grant Scot Stegall. Mayor 2007 TxCDBG Water Improvements Proiect Marg ret Eudy, City Secretary 2006 TDHCA HOME Homebuyer Assistance 91 N Side Square, 75432 2005 TCDP Water Improvemer.ts Project 903/ 95-2217 2004 TDHCA HOME Owner-Occupied Reconstruc±ion 2004 TCDP Wastewater Improvements Praject 2002 TCDP Wastawater System Improvements Project 2001 i CF)P Y vs. N1 - S"reet Paving Projec: 2001 TCDP Disaster Relief Proiect Cit of oo er (con't'd) 1999 TGDF `JVastewater System Improvements Project 1997 TCDP Wastewater Main Project 1996 TCDP Sewer Improvements Project 1995 TCDP Y vs. C- Street Paving Project 1992 TCDP Housing Rehabilitation 1991 TCDP Wastewater Collection Sysiem Improvements Cit of eKalb 2007 TxCDBG STEP Water Project Paul M adows, Mayor 2006 TCDP STEP Water Project Abbi B ker, City Secretary 2003 TCDP iNastewater Improvements Project 110 Gr zzly Street 2003 TCDP Street Paving and Drainage Project DeKal , TX 75559-1800 2003 TCDP STEP Water Project 903/66 -2410 2001 TCDP VVastewater improvements Project 1999 TCDP Disaster Relief Project 1999 TCUP VUater Irnprovements Project 1997 TCDP Wastewater Improvements Project 1995 TCDP YvC - Street Paving & Crainage Project 1994 TCDP ilVastewatet- System Improvements Cit of De ort 2006 TDHCA HOME Owner-Occupied Program Gene oster, Mayor 2005 TCDP STEP Water Project Jackie Dangerfield, City Secretary 2003 TCDP Water Improvements Project P. O. ox 354-A, 75435 2003 TCDP Street Paving Project 903/6 Z-3875 2000 TCDP Water & Wastewater improvements Project 1994 TCDP Sewer & Water Improvements Project 1993 TCDP Sewer Improvements Project 1990 TCDP Water Distribution System Improvements Cit of De#roit 2008 TxCDBG Sewer & Water Improvements Travis Bronner, Mayor 2007 -1 xCDBG S3cP Water Project Stacy aylor, City Secretary 2006 TDHCA HOME Proy;am Owner-Occupied P. O. ox 180, 75436 2004 TCDP Wastewater Improvements Project 903/6 4-4573 2003 TCDP Sewer, Stre2t & Drainage Project 2001 TCDP & TWDB Wastewater Improvements °roject 1998 TCDP Wastewater Improvements Project 1994 TCDP Wastewater Improvements Project Cit o East Tawakoni Patsy arshall, City Secretary 700 B iggs Blvd., 75453 903/4 7-2444 Charli Prater, Mayor Janet cEnturff, City Secretary P.O. ox 377, 75117 Cit o Mineola David Stevenson, City Administrator P.O. ox 179, 75773 903-5 9-6944 2007 TxCDBG STEP Water Improvements Projeci 2000 TCDP Water & Sewer Improvements Project 1998 TCDP Comprehensive Planning Project 20C7 Texas Parks & Wildlife 2006 TDHCA HOME Owner-Occupied Project 2006 TCDP STEP Sewer Improvements Projec± 2005 TCDP Water Sysiem Improvements Project 2004 TCDP STEP Water System Improvements Project 2003 HOME Homebuyer Assistance Project 2003 TCDP Street Paving Project 2001 ORCA STEF Water & Wastewater Improvements 1998 TCDF Water & Wastewater Improvements Project 2005 HOME American Dream Downpayment Initiative 2004 TCDP Housing Rehabilitation/Reconstructiar Project 2002 TCDP Water and Wastewater Improvements Project '1995 TCDP Yvs. C- 5treet Paving Project 1994 TCF Mair. Street Project - Sidewalk & Lighting P.O. Bo 9037, 75461 903-78 7511 uit or ecan va Clarica urns, City Secretary P.O. Bo 69, 903/395-4400 2008 TxCDBG STEP Award 2003 TDHCA Homebuyer Assistance 2006 TCDP Sewer Improvements Project Cit of oint 2008 Texas Parks & Wildlife Charlen Harmon, Mayor 2007 TDHCA Owner-Occupied Assistance P. O. B x 331, 75472 2007 TxCDBG WaterTank Improvements Project 903-59 -3296 2007 TxCDBG STEP Water Improvements Project 2007 TDHCA HOME Owner-Occupied Assistance 2004 TCDP Water Improvements Project 1996 TCDP Disaster Relief Project 1993 TCDP Sewer Improvements Project Cit of oxton 2008 TxCDBG Water & Sewer improvements Jimmy ooper, Mayor 2005 TCDP S7EP Water System Improvements 207 Pe an Street, 75477 2004 TDHCA HOME Owner-Occupied Housing Assistance 903-39 -3535 2004 TCDP Wastewater Improvements Project 1,998 TCDP Comprehensive Planning Project Cit of io a 2008 TxCDBG Wastewater Improvements Stanley Kemp, Mayor 940-43 -2351 Cit of renton 2006 TCDP Street Paving Project Tyler B wman, IVlayor 2004 TCDP Sewer impravements Project P. O. B x 44, 75490 2003 TCDP STEF Water & Sewer Improvements Project 903/98 -2237 1997 TCDP Water & Wastewater Improvements Project Cit of rinidaa 2008 TxCDBG Was#ewater Improvements Chris uinn, Mayor 2004 TCDP STEP Sewer System Improvements Rroject P.O. B x 345, 75163 2004 TDHCA HOME Owner-Occupied Housing Assistance 903/77 -2525 2001 TCDP Wastewater Improvements Project 2000 TCDP Wastewater Improvements Project 1998 TCDP Wastewater Improvements Project 2006 TCDP STEP Water System Improvements Award Nina B wning, City Administrator 501 So th Main Street, 75494 Countv of Delta/Delta Co. MUD Ted C rington, County Judge 200 W. Dallas, Cooper 75432 903/39 -2211 M. C. : 119 Mz 903/73 2007 TxCDBG STEP Water Improvements Project 2004 TCDP Housing Rehabilitation/Reconstruction 1996 TCDP Disaster Relief Water Improvernents Project of Lamar/Lamar Co. WSC 2007 TDHCA HOME Owner-Occupied Housing Assistance uperville, Jr., Co. Judge 2007 TxCDBG STEP LCWS Water Improvements Project in St., Paris 75460 2007 TxCDBG STEP MJC Water improvements Project 7-2410 2007 TDHCA HOME Owner-Occupied Assistance 2006 TCDP STEP Emberson iNater Service Project 2005 TCDP STEP Choctaw Ridge Water Service Project 2003 HOME Program Owner-Occupied Housing Assistance 2003 TCDP STEP MJC/Pinhook Water Service F'soject 2003 TCDP LCWS Water Service Project 2001 TCDP Disaster Relief Fund/NRCS Project 2000 TCDP First TimE Water Service Project Count of Red River Morris Harville, County Judge Kristy ray, Treasurer 200 N Walnut, Clarksville 75426 903/4 7-2680 Count of Smith/Starrville-Friendshi 100 N Broadway, Tyler 75702 121 E~Dallas St., Rm 201 Canton, 75103 Rhita oches, County Judge 2008 TxCGBG VVater improvements 2006 TCDP STEP RRCWS FM114Water ProjECt 2006 TCDP STEP 410 WSC Water Project 2005 Non-Esurder Coionia Fund Water Project 2004 TCDP STEP English - RRC Water Improvements 2003 TCDP STEP RRC1,'VS First-Time Water Project 2001 TCDP STEP 410 WSC - Kanawha Water Project 1998 TCDP STEP First-Time Water Project 2006 TCDP STEP Golden WSC First-Time Water Award 2001 TCDF' STEP Fruitvale WSC Water Improvements Prcject PROFESSIONAL MANAGEMENT SERVICES PARTI - AGREEMENT THIS AGREEMENT, entered into this day of , 2008 by and between the ITY OF PARIS, hereinafter called the "City", acting herein by Kevin Carruth, City Manager hereunto duly uthorized, and Resource Management & Consulting Co., hereinafter cailed "Firm" acting herein by Deni e Dority. WITNESSETH THAT: WHEREAS, the City of Paris desires to implement a contract administration system under the gene al direction of the Texas Community Development program; and Whereas the City desires to enga e Resource Management & Consulting Co. to render certain services in connection with its Texas Com unity Block Grant Contract. NOO THEREFORE, the parties do mutually agree as follows: art Ii, Scope of Services, is hereby incorporated by reference into this Agreement. me of Performance - The services of Resource Management & Consulting Co. shall commence on e day this Agreement is executed. In any event, all of the services required and performed ;reunder shall be completed at the close of the City's TXCDBG Contract. 3. ccess to Information - It is agreed that all information, data reports and records and maps as are existing, available and necessary for the carrying out of the work outlined above shall be furnished to Resource Management & Consulting Co. by the City and its agencies. No charge will be made to Resource Management & Consulting Co. for such information and the City and its agencies will cooperate with Firm for such information and every way possible to facilitate the performance of the work described in the contract. 4. 5. Compensation and Method of Pavment - Compensation and reimbursernent to be paid hereunder shall be in an amount not to exceed administration budget. Payment to Resource Management & Consulting Co. shall be based on satisfactory performance of identified activities in Part II - Scope of Services. City shall pay Firm for additional services requested by the City beyond the scope of services outlined in this contract, at hourly rates upon request, for services rendered by principals and employees assigned to perform such services. Indemnification - Resource Management & Consulting Co. shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members from and against them, and shall assume full responsibility for payments of Federal, Security, worker's compensation and income tax laws. Miscellaneous Provisions a. This agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. b. This Agreement shall be binding upon and insure to the benefit of parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. c. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, iilegal or unenforceable in any respect, such invalidity, iliegality, or unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, e prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary sbursements in addition to any other relief to which such party may be entitled. e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to and incorporated into this Agreement. 7 IN Terms and Conditions - This Agreement is subject to the provisions titled, "Part III Terms and Conditions" and attached hereto and incorporated by reference herein. IITNESSETH HEREOF, the parties have hereunto set their hand and seals on this day of .2008. CIT1( OF PARIS BY Kevin Carruth, City Manager RESOURCE MANAGEMENT & CONSULTING CO. BY: Denise Dority, Owner AttJst: Attest: Witness SCOPE OF SERVICES A. rce Management & Consulting Co. (RMCC) shall provide the following scope of services: Proiect Administration/Contract Manaqement 1. Provide general advice and technical assistance to the City and its staff on impiementation of project and regulatory matters. 2. Furnish necessary forms and procedures for implementation of the project. 3. Assist in the procurement of professional consulting engineering services through the request fior proposal process, if applicable, and as required by the TXCDBGP regulations. 4. Develop and assist the City with a recordkeeping system consistent with program guidelines, including establishment and maintenance of program files. 5. Serve as liaison for the City during any monitoring visits by staff representatives from the Department (ORCA), Texas Department of Housing and Community Affairs (TDHCA), Texas Department of Economic Development or the U.S. Department of Housirg and Urban Development (HUD). 6. Assist the City in meeting all special condition requirements that may be stipulated in the contract between the City and Department. 7. Prepare and submit to Department quarterly reports. (Progress and minority hiring) 8. Prepare and submit to Department documentation necessary for amending the TXCDBGP contract. 9. Conduct re-assessment of environmental clearance for any program amendments. 10. Prepare Recipient Disclosure Report form for City sir,nature and submittai. 11. Establish procedures to document expenditures associated with local administratian of the project. 12. Provide guidance and assistance to City regarding acquisition of property: • Submit required reports concerning acquisi#ion activities to Department. • Establish a separate acquisition file for each parcel of real property acquired. • Determine necessary method(s) for acquiring real property. • Prepare correspondence to the property owners for the City's signature to acquire the property or to secure an easement. • Assist the City in negotiation with property owner(s). 13. Maintain TXCDBGP Property Management register for any property/equipment purchased or leased. 14. Assist in the administration of the funded grant project in accorCance with al; TxCDBGP requirement, including but not limited to the following: • Housing rehab or utility services replacement activity management. • Preparation of program forms, recipient applications, recipient requirements and application priority rating. • Werk write-up, general construction specificaticr.s and inspections. • Forgivable loan processing and tracking, bidding and project closeout. B C D Financial Manaqement 1. Assist the City in proving its ability rc manage the grant funds tc the state's audit division and assist in tne establishment of a satisfactory accounting system. 2. Assist the City in establishing and maintaining a bank account (Direct Deposit accoun#) and/or separate local bank account, journals, and ledgers and a policy to retain all files for a period of not less than three (3) years from closeout. 3. Assist the City in submitting the required Accounting System Certification letter, Direct Deposit Authorization Form (if applicable), and/or the Depository/Authorized Signatory form to Department. 4. Assist the City in submitting and updatiny all necessary financial forms. 5. Preparation of drawdown requests on behalf of the City in order to ensure orderly, timely payments to all contracting parties within the allotted time period. 6. Assist the City to estabiish procedures to handle the use of any TXCDBGP program income as necessary. 7. Review invoices received for payment and file back-up documentation. 8. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matter. Environmental Clearance Procedures 1. Assist the City in meeting all environmental clearance procedures required by Department, including the preparation of a preliminary environmental assessmenz and consideration of any historic and flood plain concerns 2. Coordinate environmental clearance procedures with other federal or state agencies and interested parties responsible for implementing applicable laws. 3. Document consideration of any public comments. 4. Prepare Request for Reiease of Funds and certifications to be sent to Department. 5. Assist the City with advertisement, public comments. 6. Assist in maintaining environmental review file. 7. Ensure compliance with EO 11988 for projects in the flood piains. (not anticipated) 1. Prepare required acquisition report(s). Assist the City in obtaining documen[ation of ownership for City-owned property and/or ROWs. Maintain a separate file for each parcel of real property acquired. Determine necessary method(s) for acquiring real property. Prepare correspondence with property owners. 6. Assist the City in negotiations with property owrer(s). Prepare required acquisition final reports and submit to Department. E. Labor Standards and Construction Manaqement 1. Establish procedures to document expenditures associated with local construction of the project (if force account is applicable). • Assist the City in determining whether or not it will be necessary to hire temporary employees to specifically carry out TxCDBGP contract activities. • Assist the City in determining whether and/or what contract activities vvill be carried out in whole or in part via force account labor. • Assist the City in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs. 2. Assist the City in documenting compliance with all federal and state requirements related to equal employment opportunity. 3. Assist the City in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements. 4. Provide assistance to or act as local labor standards officer, 5. Request wage rates from Department. 6. Assist the City with the advertisement for bids 7. Make ten-day call to Department. 8. Verify construction contractor eligibility with Department. 9. Submit Notice of Start of Construction Form to Department. 10. Conduci pre-construction conference and prepare minutes. 11. Review weekly payrolls and conduct compliancs follow-ups. 12. Conduct employee interviews. 13. Process and submit change orders to Department prior to execution. 14. Maintain Monthly Employment Utilization reports 15. Obtain Certificate of Constructian Completion/Final Wage Compiiance ReporL and submit to Department. 16. Provide sample TxCDBGP contract documents to engineer. 17. Review construction contract. 18. Submit any reports of additional classification and rates to Department. 19. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters. F. G H. Equal Opportunitv I Fair Housinq 1. Assist the City in developing, implementing and documenting new activities to affirmatively further fair housing activities. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. 3. Ensure compliance with Section 3 and Affirmative Action Plan. 4. Assist the City with Section 504 Seif-Evaluation Review Form. 5. Assist the City with newspaper advertisement - Notice on Section 504 Compliance Requirements. 6. Maintain correspondence concerning Contractor Equal Opportunity compliance. 7. Assist the City with Excessive Force Policy. Relocation (not anticipated) 1. Assist the City in designing local relocation guidelines. 2. Assist the City in identifying individuals to be relocated and prepare appropriate notices. 3. Interview relocatees and identify assistance needs. 4. Maintain a relocation record for each individual/family. 5. Provide education/assistance to relocatees. 6. Inventory local available housing resources and maintain a referral list. 7. Issue appropriate notices to relocates. 8. Ensure that all payments are made in a timely manner. Economic Development Functions (Applicable to Texas Capital Fund Projects only) 1. Monitor status of leveraged funds. 2. Oversee execution of local loan contracts 3. Monitor employment creation and joq goals. 4. Assist in preparing hiring plan. 5. Assist in developing loar reuse plan. 6. Monitor project compliance with Department requirements as specified in grant agreement. Rehabilitation of Private Property (Applicable to Housing Rehabilitation Projects only) 1. Prepare and submit local rehabilitation guidelines to Department for approval. 2. Assist the City in establishing escrow account and obtaining Department approval. 3. Develop outreach anu necessary application processing/verification forms. 4. Screen applicants. 5. Prepare work write-ups and cost estimates. 6. Issue Notice to Proceed to construction contractor(s). 7. Conduct interim/final inspections, process final contract documents, and maintain a record of beneficiaries. 8. Maintain client files following Department requirements. J Audit/Close-out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Monthly Employment Utilization Report, Recipient Disclosure/Update Report, documentation of fair housing activities and Certificete of Completion. 2. Attend and prepare necessary documentatior for state monitoring visit. 3: Assist the City in responding to any monitoring findings. 4. Assist the City in resolving any third party claims. 5. Provide auditor with TXCDBGP audit guidelines. TH ABOVE SCOPE OF WORK IS INTENDED TO IDENTIFY THE MAJOR ELEMENTS ASSOCIATEa WI H THE MANAGEMENT AND IMPLEMENTATION OF PUBLIC WORK PROJECTS UTILIZING TE AS COMMUNITY DEVELOPMENT PROGRAM FUNDS. IT IS OUR INTENTION AND PRACTIGE TO PROVIDE OUR CLIENTS WITH ALL NECESSARY AND REQUIRED ASSISTA,NCE TO SU CESSFULLY COMPLETE THE PROGRAM iVIANAGEMENT ASPECT OF THEIR PROJECT. TERMS AND CONDITIONS PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES 3. 5. 6. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fuifill in a timely and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the covenants, agreements, or stipulations of this Contract, the City/County shail thereupon have the right to terminate this Contract by giving written notice to the Firm of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Firm under this Contract shall, at the option of the CitylCounty, become its property and the Firm shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for damages sustained by the City/County by virtue of any breach of the Contract by the Firm, and the City/County may withhold any payments to the Firm for the purpose of set-off until such time as the exact amount of damages due the City/County from the Firm is determined. Termination for Convenience of the Citv/Countv. The City/County may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by the City/County as provided herein, the Firm will be paid for the time provided and expenses incurred up to the termination date. If this contract is terminated due to the fault of the Firm, Paragraph 1 hereof relative to termination shall apply. Chanaes. The City/County may, from time to time, request changes in the scope of the services of the Firm to be performed hereunder. Such changes, including any increase or decrease in the amount of the Firm's compensation, which are mutually agreed upon by and between the City/County and the Firm, shall be incorporated in written amendments to this Contract. PersonneL a. The Firm represents that he/she has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City/County. b. All of the services required hereunder will be performed by the Firm or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City/County. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. Assiqnabilitv. The Firm shall not assign any interest on this Contract, and shail not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City/County thereto: Provided, however, that claims for money by the Firm from the City/County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City/County. Reports and Information. The Firm, at such times and in such forms as the City/County may require, shall furnish the City/County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7 8. 10 11 12 Records and Audits. The Firm shall insure that the City/County maintains fiscal records and supporting documentation for ail expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this Contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. City/County shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Contract or the period required by other applicable laws and regulations. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this contract are confidential and the Firm agrees that they shall not be made available to any individual or organization without the prior written approval of the City/County. Copvriqht. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Firm. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Firm shall save the City/County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. Equal Emplovment Opportunity. During the performance of this Contract, the Firrn agrees as follows: a. The Firm will not discriminate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin. The Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoif or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City/County setting forth the provisions of this non-discrimination clause. b. The Firm will, in all solicitation or advertisements for employees placed by or on behaif of the Firm, state- that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national original. c. The Firm wiil cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions wiii be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The Firm will include the provisions a. through c. in every subcontract or purchase order unless exempted. Civil Riqhts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. 1 Section 109 of the Housinq and Communitv Development Act of 1974 a. No person in the United States shali on the ground of race, color, national origin, or sex be exciuded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 14 "Section 3" Compliance in the Provision of Traininq Employment and Business Opportunities a. The work to be perFormed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by person residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 15 e. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. Section 503 Handicapped (if $2 500 or Over) Affirmative Action for Handicapped Workers. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of labor issued pursuant to the Act. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. The contractor will_ include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 16. 17 18 Interest of Members of a Citv/Countv. No member of the governing body of the City/County and not other officer, employee, or agent of the City/County, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract and the Firm shall take appropriate steps to assure compliance. Interest of Other Local Public Officials. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Firm shall take appropriate steps to assure compliance. Interest of Firm and Emplovees. The Firm covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The Firm further covenants that, in the performance of this Contract, no person having any such interest shall be employed. Administration/Management Services Cost Estimate Financial Mar Recordkeepir Environment~ Equal Emplo, Labor Stande Contract Cloc Total Cost Service gement Requirements Clearance Procedures ient Opportunity Requirements is Monitoring ate: Cost Percent $3,000 15% 4,000 20% 2,000 10% 2,000 10% 4,000 20% 5,000 25% $20,000 100% THE ABOVE SE VICES IS INTENDED TO IDENTIFY THE MAJOR ELEMENTS ASSOCIATED WITH THE MANAGEMENT AND IMPLEME TATION OF PUBLIC WORK PROJECTS UTILIZING TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. IT IS UR INTENTION AND PRACTICE TO PROVIDE OUR CLIENTS WITH ALL NECESSARY AND REQUIRED ASSISTANCE T SUCCESSFULLY COMPLETE THE PROGRAM MANAGEMENT ASPECT OF THEIR PROJECT WITHIN THE C ST ESTIMATE STATED. "THIS COST ES IMATE IS BASED ON A TXCDBG GRANT AWARD. STEP GRANTS ARE BASED ON THE BUDGETED ADMINISTRATI N LINE ITEM. ADMINISTRATIVE COST WILL NOT EXCEED BUDGETED ADMINISTRATION LINE ITEM,