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08-Move to approve a resolution authorizing an administrative services agreement with Municipal Development Services for administration of the Texas Capital Fund grant for improvements on behalf of the Daisy Brand Operating LLCCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Depattment: Presented By: Agenda Item No.: 2/04/ 10 Council Date: City Manager Kevin Carruth 8. 2/08/ 10 RECOMMENDED MOTION: Move to approve a resolution authorizing an administrative services agreement with Municipal Development Services for administration of the Texas Capital Fund grant for infrastructure improvements on behalf of Daisy Brand Operating LLC and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Grant administration BACKGROUND: The Texas Capital Fund (TCF) grant from the Texas Department of Agriculture includes funds for administration of the grant. Request for proposals for administrative services was advertised and Municipal Development Services (MDS) was the only respondent. MDS wrote the TCF, has been involved in the project for several months, and is familiar with the details of the project. MDS also helps administer other grants for the City and is familiar with the City's procedures. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution; RFP advertisement; Proposal; Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ 60,000 ❑ Department Report Z Resolution Budgeted Amt. $ 1,000,000 ❑ Presentation ❑ Ordinance y'I'D Actual $ -0- ❑ Public Hearing ❑ Other Acct. Name Texas Capital Fund-Daisy Dairy Water Line Acct. Number 25-0357-40-00 FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 L"~~~;3,y DRAFT attorney\reswork\current\TCF-TDA-Daisy Farms - Municipal Dev Serv Agrmt Res 2010 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH MUNICIPAL DEVELOPMENT SERVICES TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTIOIV OF THE TEXAS DEPARTMENT OF AGRICULTURE UIVDER THE TEXAS CAPITAL FUND IIVFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE IMPROVEMENTS TO PROVIDE A SUPPLY OF TREATED WATER FOR A COMMERCIAL DAIRY OPERATION LOCATING I1V LAMAR COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris is a participant in the Texas Capital Funds (TCF) grant from the Texas Department of Agriculture (TDA) under the Infrastructure Grant Program and is a recipient of grant funds for infrastructure improvements to provide a supply of treated water for a commercial dairy operation locating in Lamar Counry, Texas; and, WHEREAS, the City of Paris is in need of management services under the aforesaid TDA - TCF Infrastructure Program; and, WHEREAS, the City of Paris has received a proposal for such services from Municipal Development Services 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 enter into a professional services agreement with Municipal Development Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the proposal of Municipal Development Services to implement a contract administration system under the general direction of the TDA and for certain services in connection with the Texas Capital Fund Infrastructure Grant Program for infrastructure improvements to provide a supply of treated water for a commercial dairy operation locating in Lamar County, Texas as set forth in Exhibit A attached hereto, be and the same is hereby accepted; and, Section 3. That the City Manager be, and he is hereby authorized and directed to execute on behalf of the City of Paris a Professional Management Services Agreement with Municipal Development Services substantially in accordance with the form attached hereto as Exhibit A, and any and all other necessary documents to effectuate this Agreement. ~ Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of February, 2010. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney r ~ r ~ , . C~: °L;R. q~u Publish one time the week of January 13, 2010 Newspaper Advertisement REQUEST FOR MANAGEMENT SERVICES The City of Paris has received a contract award from the Texas Department of Agriculture under the Texas Capital Fund Program for infrastructure improvements to benefit Daisy Brand Operating LLC dba Daisy Farms. The City is seeking to contract with a qualified management consultant to carry out several aspects of overall grant program management for the City. Please submit your proposal for services, statement of qualifications, and proposed cost schedule for each scope of work to Kevin Carruth, City Manager, City of Paris, P. O. Box 9037, Paris, Texas 75461. Proposal packets may be picked up at City Hall. Proposals must be received by the City no later than January 25, 2010 at 2:00 p.m. to be considered. The City reserves the right to negotiate with any and all management consultants or firms that submit proposals, per the Texas Professional Services procurement Act and Office of Management and Budget Circular No. A-102. The City of Paris is an affirmative Action/Equal Opportunity Employer. •;(I r; x ~'vt~~',, ! MUNICIPAL DEVELOPMENT SERVICES P. o. Box 1705 Forney, Texas 75126 (972) 564-9298 (972) 564-5503 (fax) Januarv 21. 2010 Kevin Carruth Ciry Manager City of Paris P.O. Box 9037 Paris. Texas 75461-9037 Re: Texas Capital Fund Project (TCF) Daisy Brand Operating, LLC (d.b.a. Daisy Farms) Dear Mr. Carruth: Thank you for the opportunity to submit our proposal to furnish grant management services on your recent grant award from the Texas Department of Agriculture to benefit Daisy Brand Operating, LLC (d.b.a. Daisy Fanils). T'he directors of Municipal Development Services bring together over 43 years of experience in the grant administration field. Due to the fact that we prepared this application on behalf of the City of Paris and worked with the City and the company to address all issues presented by the Texas Department of Agriculture, we feel we are very familiar with the project. In addition, the directors of Municipal Development Services are currently working with the City of Paris on their Main Street Project. We look forward to the opportunity to work with the City of Paris on this project. If you have any questions regarding our proposal, please feel free to contact me. Sincerely, MI1N IPA DEVELOPMENT SERVICES ~ Kim Lacey Di rector Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS Table of Contents Page No. I. Scope of Services .................................................................................................................................1 ■ Standard Program Management ..........................................................................................................1 ■ Additional Program Requirements .......................................................................................................5 II. Statement of Qualifications .............................................................................................................6 ■ History of Municipal Development Services ......................................................................................6 ■ Qualifications of Firm ............................................................................................................................6 ■ Experience on Federatly Funded Projects 6 III. Resumes ....................................................................................................................................7 ■ Kim Lacey, Director 7 ■ Shelly Green, Director 8 IV. Clients ........................................................................................................................................9 V. Cost of Services 12 VI. Evaluation Criteria 13 ■ Criteria 13 ■ Qualifications of Firm 13 ■ Experience of Firm on State/Federally Funded Projects 13 ■ Experience on Texas Capital Firm and Economic Development Projects 14 ■ Familiarity with Project or City 17 ■ Affirmative Action 17 Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS 1. Scope of Services Municipal Development Services is pleased to offer the following management services to the City of Paris for the management of its grant award from the Texas Department of Agriculture to benefit Daisy Brand Operating, LLC (d.b.a. Daisy Farms). These services will ensure the project can be successfully completed in a timely manner. Our services shall include, but not be limited to: - Standard Program Management A. Record Keeping 1. MDS will assist the City in developing a recordkeeping system consistent with the program guidelines, including the establishment and maintenance of a filing s.ystem. 2. Establish provisions for retaining records for a minimum of three (3) years. B. Financial Management 1. MDS will assist the City in proving its ability in managing the grant to the state's audit division and assist in the establishment of a simple but satisfactory grant accounting system. 2. Prepare the grantee's designated depository/authorization signature form and submit to grantee for review, execution, and submission to Texas Department of Agriculture. 3. Assist the City in establishing a bank account, journals, and ledgers to adequately track grant expenditures. 4. Review surety bonding for individuals having access to project funds, accounting records, or checks related to contract funds. 5. Order all fund drawdowns on behalf of the City as they are needed in order to ensure orderly, timely payments to all contracting parties. 6. Submit all interim financial reports as required. 7. MDS will not be obligated to provide the following services: (a) obtain appropriate surety bond; (b) be responsible for internal control; (c) draft checks; (d) pay invoices; or (e) reconcile bank statements. 1 f.• ` . ` , UCY'~u~, 4 L) Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS C. Environmental Review 1. MDS will assist the City in the designation of an environmental review liaison and environmental certifying officer. 2. Establish and maintain environmental review file records. 3. Prepare an environmental assessment. 4. Coordinate activities with other federal or state agencies responsible for implementing applicable laws. S. Prepare public notices for publication and dissemination. 6. Prepare documentation for the environmental file documenting that all public comments were considered. 7. If the project is amended or changed, re-evaluate the original environmental assessment and update the file to reflect same. 8. Monitor compliance with other applicable laws and authorities. D. Special Conditions Municipal Development Services will review all sections of the special conditions set forth in the contract from the Texas Department of Agriculture and assist the City in compiying with all conditions. E. Acquisition Municipal Development Services will assist the City in compiying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act for the acquisition of real property and easements needed for the grant project including, but not limited to, the following: 1. Prepare for distribution, and documentation of file, the preliminary acquisition notices to be forwarded to property owners informing them of the need to acquire their property and informing them of their rights. 2. Document file regarding evidence of receipt of the notices by property owners. 3. Prepare written offers to purchase property including a Statement of the Basis for Determination of Just Compensation for the offer. 4. Prepare for purchase and payment. 5. Assist in resolving any appeals related to acquisition matters, if applicable, and document file. 6. Maintain documentation of ownership for property and/or rights-of-way. 7. Maintain a separate acquisition file and checklist for each parcel of property acquired. Files shall include all documentation, including a survey, legal description, and the filed deed, for each parcel of real property acquired. 2 ra ~;~.:~t~~ ~tS Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS 8. File reports with Texas Department of Agriculture as required. F. Quarterly Reports MDS will prepare and maintain all required project reports including the Quarterly Progress Reports, Financial Reports, Minority Business Enterprise Reports, Private Business Employment Reports, Employee Summary Reports, and Quarterly Connection Reports. G. Construction i. Provide the engineer/architect with bidding and contract documents, including sample bid advertisement as suggested by Texas Department of Agricuiture. 2. Obtain current wage rates and provide to engineer/architect for inclusion in bid documents. 3. Review construction plans and specifications to verify compliance with Texas Department of Agriculture requirements, including performance statement as set forth in contract with state. 4. Obtain original bid advertisement to verify compliance with minimum requirements. 5. Make ten-day call to state to verify wage rates are current. 6. Attend bid opening. 7. Review bids with City and engineer/architect and make recommendations regarding procedures to be followed if bids are over budget. 8. Obtain bid tabulation to document file. 9. Assist City and Engineer/Architect in determining recommendation for award of contract. 10. Obtain contractor clearance from state prior to awarding bid. 11. Assist City in appointment of Labor Standards Officer. H. Labor Standards Officer l. Schedule preconstruction conference. 2. Conduct preconstruction conference. 3. Provide contractor with forms to be used for preparing payroll. 4. Obtain information on subcontractors and obtain clearance from state on each subcontractor. 5. Prepare minutes of preconstr«ction conference. 6. Obtain copy of Notice to Proceed from engineer/architect for documentation of files. 7. Issue Notice of Start of Construction to Texas Department of Agriculture. 8. Assist the engineer/architect and City in processing change orders. 3 Administrative Services on behaif of Daisy Brand Operating, LLC PARIS, TEXAS 9. Review pay estimates and prepare paperwork for payments. 1. Construction Compliance/Davis Bacon J. 1. Conduct employee interviews. 2. Review weekly payrolls and notify construction contractor in writing of payroll violations and take necessary steps to correct violations. 3. Compare employee interviews with payroll report to verify compliance. 4. Visit construction site to verify placement of required notices. 5. Prepare any necessary reports of overtime violations to HUD including a check from the construction contractor for liquidated damages. J. Construction Completion l. Obtain certificate of constrLir_tion completion and document files. 2. Prepare final wage compliance report and submit to Texas Department of Agriculture. 3. Review final pay estimate and prepare paperwork for payment. 4. Obtain set of as-built plans from engineer/architect for City's file. K. Close-Out Documents I. Prepare the final performance report (Project Completion Report) along with the required close-out documents for submission to Texas Department of Agriculture. 2. Schedule close-out public hearing and prepare close-out public notice for publication. 3. Attend close-out pubiic hearing and prepare summary of citizen comments received. 4. Attend close-out monitoring conducted by Texas Department of Agriculture and/or HUD. 5. Respond to any findings received from Texas Department of Agriculture and/or HUD. L. Audit I. Provide the City's auditor with guidelines for conducting an official audit report of the grant funds. 2. Provide the City's auditor with all records pertaining to the grant. 3. Assist the City in resolving all audit findings, if applicable. 4 F. ~,..I f.. ~ { Y9 C~ E . ~ ~ Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS ii. ADDITIONAL PROGRAM REQUIREMENTS A. Procurement 1. Assist the City in determining the type of procurement required for each service. 2. Prepare written selection criteria for engineering/architectural services and develop the Requests for Proposals (RFP) packets for engineering/architectural services. 3. Prepare the advertisement of RFP for engineering/architectural services. 4. Prepare the RFPs for an adequate number of firms, mail certified, return receipt. B. Fair Housing and Equal Opportunity I. Assist the City with compliance with applicable federal and state laws and regulations related to fair housing and equal employment opportunity. 2. Assist the City in conducting an activity to affirmatively further fair housing and document the files accordingly. 3. Assist the City in incorporating, implementing and documenting compliance with applicable equal employment opportunity provisions including personnel policies and practices, Affirmative Action/Section 3 Plan, and complaint procedures. 4. Assist the City in meeting 504 Requirements. 5. Assure that the construction contractor meets required non-discriminatory and equal opportunity regulations. C. Amendments l. Determine if an amendment is needed and the type required. 2. If a Budget Amendment is required, MDS wili prepare all necessary items including the Revised Performance Statement, Budget Modification form, and letter for the signature of the chief elected official for submission to Texas Department of Agriculture. 3. If a Program Amendment is required, MDS will prepare the Resolution to Authorize the Program Amendment, prepare the Public Notice advertisement for the Public Hearing, attend the public hearing, prepare the Change Order Approval Request forrn, prepare the Amendment Request form, and submit to Texas Department of Agriculture. 5 Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS Ii. Statement of Qualifications History of Municipal Development Services Municipal Development Services is a firm bringing together over 43 years of experience in providing professional consulting services to Texas cities and political subdivisions. The firm was founded in June, 1996 as a partnership of Kim Lacey and Shelly Green. Both partners have extensive grant experience while employed with cities or as grant project consultants. This experience encompasses all phases of grant programs ranging from the preparation of the application to the administration and close-out. Qualifications of Firm Municipal Development Services began its operation concentrating exclusively on economic development. The staff has worked not only on Texas Capital Fund Projects, but also on grant projects including water, wastewater, streets, drainage, housing rehabilitation, other community development programs, and Enterprise Zone and Project Applications. Municipal Development Services has also successfully written the only Defense Reinvestment Zone for a non-entitlement city or county in the State of Texas. The firm presently employs an experienced professional staff of two persons. The project will be under the immediate direction of Ms. Kim Lacey and Ms. Shelly Green, owners and directors of the firm. Ms. Lacey and Ms. Green will be responsible for all phases of the project. The firm maintains a full office for conducting its business affairs which is located in Forney, Texas. The office is fully equipped with the necessary equipment to operate the business. Experience on Federally Funded Projects The directors of Municipal Development Services have been preparing and administering grants since 1986. Since that time, the staff has been directly involved in the writing and/or administration of over one-hundred fifty (150) federally funded projects including Community Development and Texas Capital Fund projects. MDS is proud of the strong professional reputation they have developed at all levels of government - local, state, and federal. The firm strives to provide personal and customized service and client satisfaction. The level of services provided by MDS will ensure that the City's grant program is successfully administered and fully carried out in accordance with the Texas Department of Agriculture rules and regulations. 6 ~ 0 Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS ill. RESUMES Kim Lacey, Director Kim Lacey is an owner and director of the firm. Ms. Lacey's primary responsibifities include the preparation of economic development grant applications under the Texas Capital Fund and assisting in the general administration of funded projects. Prior to opening Municipal Development Services, Ms. Lacey served as a grant specialist with Governmental Service Agency, Inc. She has also served as the Main Street Director for the cities of Daingerfield and Henderson, and owned her own grant consulting firm. Ms. Lacey has a Bachelor of Arts degree in English and Communication from East Texas State University and has completed graduate coursework towards a Master of Business Administration. References: • Kevin Carruth City Manager City of Paris (903) 784-9202 • Marc Maxwell City Manager City of Sulphur Springs (903) 885-7546 • Charlie Smith, Economic Development Director Mt. Pleasant Industrial Foundation City of Mt. Pleasant (903) 575-6602 • Connie Standridge City Manager City of Corsicana (903) 654-4804 • Doug Barnes, Economic Development Director Waxahachie Economic Development Corporation City of Waxahachie (972) 938-2102, Extension 276 7 00~r Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS III. RESUMES Kim Lacey, Director Kim Lacey is an owner and director of the firm. Ms. Lacey's primary responsibilities include the preparation of economic development grant applications under the Texas Capital Fund and assisting in the general administration of funded projects. Prior to opening Municipal Development Services, Ms. Lacey served as a grant specialist with Governmental Service Agency, Inc. She has also served as the Main Street Director for the cities of Daingerfield and Henderson, and owned her own grant consulting firm. Ms. Lacey has a Bachelor of Arts degree in English and Communication from East Texas State University and has completed graduate coursework towards a Master of Business Administration. References: • Kevin Carruth City Manager City of Paris (903) 784-9202 • Marc Maxwell City Manager City of Sulphur Springs (903) 885-7546 • Charlie Smith, Economic Development Director Mt. Pleasant Industrial Foundation City of Mt. Pleasant (903) 575-6602 • Connie Standridge City Manager City of Corsicana (903) 654-4804 • Doug Barnes, Economic Development Director Waxahachie Economic Development Corporation City of Waxahachie (972) 938-2102, Extension 276 7 ~otr) I Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TExas IV. Ciients - Current and Completed The clients of Municipal Development Services are as follows: Year Client 1996 City of Cleburne 1996 City of Weatherford 1996 • City of Keene 1996 City of Olney 1996 City of Olney 1996 Town of Little Elm 1996 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1998 1998 1998 1998 1998 1998 1998 1999 1999 1999 1999 1998 1999 1999 1999 1999 1999 1999 2000 Business James Hardie Building Products SFX Designs, Inc. Brandom Manufacturing Cherrydale Farms, Inc. Air Tractor, Inc. Retractable Technology, Inc. I-C Manufacturing, Inc. Mark's Machine Company, Inc Wenglar-Erwin, Inc. Shoppa Farm Supply, Inc. TCDP Blue Sky DOfidn Tppl J Morco Steve Silver Company General Product Support TCDP TCDP Sterelite Corporation Sterelite Corporation CardinallG CardinallG Tejas Clay CMI Johnson Ross Ferguson Enterprises Excellart Signs TCDP TCDP TCDP TCDP Excellart Sign Products, Inc. Kathy's Kakes Gene James A/C Precision Cable Calling Solutions, Inc. Tower Extrusion, Ltd Hlavinka Equipment TCDP Project Infrastructure Grant Real Estate Development Real Estate Development Real Estate Development Infrastructure Grant Infrastructure Grant and Loan Real Estate Development Real Estate Development Real Estate Development Real Estate Development Sewer Improvements Real Estate Development Real Estate Develc~~ment Real Estate Development Infrastructure Real Estate Development Sewer Improvements Sewer Improvements Infrastructure Grant/Loan Enterprise Project fnfrastructure Grant Enterprise Project Infrastructure Grant Real Estate Development Infrastructure Grant Real Estate Devel~pment Water Improvements Sewer Improvements Water & Sewer Imp. Water Improvements Real Estate Devetopment Real Estate Development Real Estate Deve~opment Infrastructure Grant Real Estate Development Infrastructure Grant Real Estate Development Water & Sewer Imp. City of EI Campo City of EI Campo City of EI Campo City of EI Campo City of Milford City of Forney Wharton County City of Weatherford City of Forney City of Forney City of Milford City of Keene City of Ennis City of Ennis City of Waxahachie City of Waxahachie City of Early City of Early City of McGregor City of Olney City of Ferris City of Milford City of Olney City of Seymour City of Olney City of lowa Park City of lowa Park City of Rockwall City of Kingsville City of Olney Wharton County City of Bardwell 9 ~ ~ ~ ~r ~ Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS 2000 City of Waxahachie TCDP Sewer Improvements 2000 City of Waxahachie Walgreens Infrastructure Grant 2000 City of Waxahachie Walgreens Enterprise Project 2000 City of Sanger Wal-Mart Infrastructure Grant 2000 Eastland County Gorman Milling Infrastructure Grant 2000 Eastland County Birdsong Peanut Infrastructure Grant 2000 City of Bay City Latitude 28 Transport Infrastructure Grant 2000 City of Keene Brandom Manufacturing Real Estate Development 2000 City, of Rockwall Indalloy Texas, Inc. Infrastructure Grant 2000 City of Burleson Birdwell Cleaning Products Infrastructure Grant 2001 City of Milford TCDP Water Improvements 2001 Town of Hackberry TCDP Sewer Improvements 2001 City of lowa Park TCDP Water Improvements 2001 City of Seymour TCDP Water Improvements 2001 City of Kingsville Lowe's Home Centers infrastructure Grant 2001 City of Kingsville Lowe's Home Centers Enterprise Project 2001 City of Hillsboro L. B. Foster Real Estate Development 2001 Eastland County Coil Tubing Real Estate Development 2001 Prairie View McGuffy Industries Infrastructure Grant 2002 City of Van Alstyne Foxworth Galbraith Infrastructure Grant 2002 Austin County Wal-Mart Stores East Infrastructure Grant 2002 Stephens County Ezell Aviation, Inc. Real Estate/Infrastructure 2002 City of Waxahachie Cardinal CG Infrastructure Grant 2002 City of Waxahachie Cardinal CG Enterprise Project 2002 City of Midlothian Target Corporation Infrastructure Grant 2002 City of Van Alstyne MI Home Products Infrastructure Grant 2002 City of Waxahachie Seville Enterprises Infrastructure Grant 2002 City of Comanche Gore Brothers Infrastructure Grant 2002 City of EI Campo New ICM Real Estate Development 2003 Wharton County Silver Streak Bass Infrastructure Grant 2003 City of Wharton Wal Mart Infrastructure Grant 2003 City of Kingsville Yaklin Ford Lincoln Mercury Infrastructure Grant 2003 City of Kingsville Neessen Chevrolet Infrastructure Grant 2003 City of Wharton Jr's Texas Best Infrastructure Grant 2003 Gun Barrell City Lowe's Corporation Infrastructure Grant 2003 Gun Barrell City Lowe's Corporation Enterprise Project 2003 City of Sulphur Lowe's Corporation Infrastructure Grant Springs 2003 City of Sulphur Lowe's Corporation Enterprise Project Springs 2003 City of Olney TCDP Sewer Improvements 2003 City of Seymour TDDP Water Improvements 2004 Kleberg County Circle K Infrastructure Grant 2004 City of Bardwell TCDP Water Improvements 2004 City of Hackberry TCDP Water Improvements 2004 City of Keene TCDP Sewer Improvements 10 W7 f~~%(~k.' f~'.J Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TExas 2004 City of Milford TCDP Water Improvements 2004 City of Waxahachie Lowe's Corporation Infrastructure Grant 2004 City of Waxahachie Lowe's Corporation Enterprise Project 2004 Town of Little Elm Lowe's Corporation Infrastructure Grant 2004 Town of Littie Elm Lowe's Corporation Enterprise Project 2004 City of Kingsville Kingsville Memorial Funeral Home Infrastructure Grant 2004 City of Cleburne Lowe's Home Centers, Inc. Infrastructure Grant 2004 City of Cleburne Lowe's Home Centers, Inc. Enterprise Project 2004 City of Lindale Lowe's Home Centers, Inc. Enterprise Project 2004 City of Lindale Lowe's Home Centers, Inc. Infrastructure Grant 2004 City of Lindale Trinity Mother Frances Hospital Infrastructure Grant 2004 City of Mt. Pleasant Lowe's Home Centers, Inc. Enterprise Project 2004 City of Granbury Lowe's Home Centers, Inc. Enterprise Project 2004 City of Sherman Tyson Fresh Meat, inc. Enterprise Project 2005 City of Milford TCDP Sewer fmprovements 2005 City of Seymour TCDP Water Improvements 2005 City of Corsicana Oil City Iron Works Infrastructure Grant 2005 City of Keene Texas Pocket Sorings InfrastructLire Grant 2005 City of Decatur Landmark Fabrications Infrastructure Grant 2006 City of Olney HyperTec Real Estate Development 2006 City of Mt. Pleasant Newly Weds Foods Infrastructure Grant 2006 City of Mt. Pleasant Newly Weds Foods Enterprise Project 2006 City of Bardwell TCDP Water Improvements 2007 Town of Sunnyvale Marazzi Tile Infrastructure Grant 2007 Town of Alvarado Sabre Communications Enterprise Project 2007 City of Brownwood Barr Fabrications Real Estate Development 2007 City of Corsicana Northrop Grumman Real Estate Development 2008 City of Olney Air Tractor, Inc. Real Estate Development 2008 Town of Little Elm Retractable Technologies, Inc. Infrastructure Grant 2008 Town of Sunnyvale Millard Refrigerated Services, Inc. Infrastructure Grant 2008 City of Alvarado Sabre Communications, Inc. Infrastructure Grant 2008 City of Hillsboro D.W. Distribution Infrastructure Grant 2008 City of McGregor RTLC Windtowers Infrastructure Grant 2008 City of McGregor Brazos Ethanol Infrastructure Grant 2008 City of Corsicana Denny's Infrastructure Grant 2008 City of Lorena TCF Downtown Revitalization 2008 City of Paris Main Street Sidewalks 2008 City of Pilot Point Main Street Sidewalks 2009 City of Corsicana TCDP Sewer Improvements 2009 City of Hackberry TCDP Water Improvements 2009 City of Milford TCDP Water Improvements 2009 City of Olney TCDP Sewer Improvements 2010 City of Milford Kennard Investment Company Infrastructure Grant 2010 City of Corsicana Cinergy Cinema Infrastructure Grant 11 c 0 ei c 15) U'll Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS V. Cost of Services Municipal Development Services proposes to provide the City of Paris administration services according to the following fee schedule: Service Rendered Fee Set up Record Keeping $4,000.00 Environmental Review 8,000.00 Special Conditions Fulfilled 10,000.00 Quarterly Reports 7,000.00 Jobs & Low/Mod Documentation 6,000.00 Bid Letting Award 5,000.00 Construction Compliance/Davis Bacon 9,000.00 TCF Contract Documents 8,000.00 Close Out Documents 3,000.00 TOTAL $60,000.00 These fees shall be billed on a percentage of completion basis and shall be payable upon the receipt of an invoice from MDS. Funds for these administration costs are a part of the approved grant proceeds. 12 Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS VI. Evaluation Criteria The City of Paris' formaf Request for Proposals set for the following evaluation criteria and numerical scoring system for rating grant management proposals: Criteria Qualifications of Firm . Experience of Firm on State/Federally Funded Projects Experience of Firm on Texas Capital Fund and Economic Development Projects Familiarity with Project or City Affirmative Action Total ■ Qualifications of Firm Maximum Points 25 25 30 15 5 100 The staff of Municipal Development Services brings together 43 years of experience in providing grant services to Texas cities and counties. The firm presently employs an experienced staff of two persons. The project will be under the immediate direction of Ms. Kim Lacey and Ms. Shelly Green, owners and directors of the firm. Ms. Lacey and Ms. Green will be responsible for all phases of the project. The firm maintains a full office for conducting its business affairs which is located in Forney, Texas. The office is fully equipped with the necessary equipment to operate the business. ■ Experience of Firm on State/Federally Funded Projects The directors of Municipal Development Services have been preparing and administering grants since 1986, having worked on over one-hundred fifty (150) grant projects. This experience encompasses all phases of grant programs ranging from the preparation of applications to administration and close-out. The staff has worked on grant projects including water, wastewater, streets, drainage, housing rehabilitation, building construction, other community development programs, as well as Enterprise Zone and Project Applications. 13 I~ oi' ~ o eri, l t'1 1~7 L.I Administrative Services on behalf of Daisy Brand Operating, LLC PARfS, TEXAS Year 1996 1996 1996 1996 1996 1996 1996 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1998 1998 1998 1998 1998 1998 1998 1999 1999 1999 1999 1998 1999 1999 1999 1999 1999 Experience of Firm on Texas Capitai Fund and Economic Development Projects The staff of Municipal Development Services has written and/or administered the following Texas Capital Fund Projects: Client City of Cleburne City of Weatherford City of Keene City of Olney City of Olney Town of Little Elm City of EI Campo City of EI Campo City of EI Campo City of EI Campo City of Milford City of Forney Wharton County City of Weatherford City of Forney City of Forney City of Milford City of Keene City of Ennis City of Ennis City of Waxahachie City of Waxahachie City of Early City of Early City of McGregor City of Olney City of Ferris City of Milford City of Olney City of Seymour City of Olney City of lowa Park City of lowa Park City of Rockwall City of Kingsville City of Olney . Business James Hardie Building Products SFX Designs, Inc. Brandom Manufacturing Cherrydale Farms, Inc. Air Tractor, Inc. Retractable Technology, Inc. I-C Manufacturing, Inc. Mark's Machine Company, Inc Wenglar-Erwin, Inc. Shoppa Farm Supply, Inc. TCDP Blue Sky Dorian Tool J Morco Steve Silver Company General Product Support TCDP TCDP Sterelite Corporation Sterelite Corporation Cardinal IG Cardinal IG Tejas Clay CMI Johnson Ross Ferguson Enterprises Excellart Signs TCDP TCDP TCDP TCDP Excellart Sign Products, Inc. Kathy's Kakes Gene James A/C Precision Cable Calling Solutions, Inc. Tower Extrusion, Ltd Project Infrastructure Grant Real Estate Development Real Estate Development Real Estate Development Infrastructure Grant Infrastructure Grant and Loan Real Estate Development Real Estate Development Real Estate Devefopment Real Estate Development Sewer Improvements Real Estate Development Real Estate Development Real Estate Development Infrastructure Real Estate Development Sewer Improvements Sewer Improvements Infrastructure Grant/Loan Enterprise Project Infrastructure Grant Enterprise Project Infrastructure Grant Real Estate Development Infrastructure Grant Real Estate Development Water Improvements Sewer Improvements Water & Sewer Imp. Water Improvements Real Estate Development Real Estate Development Real Estate Development Infrastructure Grant Real Estate Development Infrastructure Grant 14 0 0 05') Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS 1999 Wharton County Hlavinka Equipment Real Estate Development 2000 City of Bardwell TCDP Water & Sewer Imp. 2000 City of Waxahachie TCDP Sewer Improvements 2000 City of Waxahachie Walgreens Infrastructure Grant 2000 City of Waxahachie Walgreens Enterprise Project 2000 City of Sanger Wal-Mart Infrastructure Grant 2000 Eastland County Gorman Milling Infrastructure Grant 2000 Eastland County Birdsong Peanut Infrastructure Grant 2000 City of Bay City Latitude 28 Transport Infrastructure Grant 2000 City of Keene Brandom Manufacturing Real Estate Development 2000 City of Rockwall Indalloy Texas, Inc. Infrastructure Grant 2000 City of Burleson Birdwell Cleaning Products Infrastructure Grant 2001 City of Miiford TCDP Water Improvements 2001 Town of Hackberry TCDP Sewer Improvements 2001 City of lowa Park TCDP Water Improvements 2001 City of Seymour TCDP Water Improvements 2001 City of Kingsville Lowe's Home Centers Infrastructure Grant 2001 City of Kingsville Lowe's Home Centers Enterprise Project 2001 City of Hillsboro L. B. Foster Real Estate Development 2001 Eastland County Coii Tubing Real Estate Development 2001 Prairie View McGuffy Industries Infrastructure Grant 2002 City of Van Alstyne Foxworth Galbraith Infrastructure Grant 2002 Austin County Wal-Mart Stores East Infrastructure Grant 2002 Stephens County Ezell Aviation, Inc. Real Estate/Infrastructure 2002 City of Waxahachie Cardinal CG infrastructure Grant 2002 City of Waxahachie Cardinal CG Enterprise Project 2002 City of Midlothian Target Corporation infrastructure Grant 2002 City of Van Alstyne MI Home Products Infrastructure Grant 2002 City of Waxahachie Seville Enterprises Infrastructure Grant 2002 City of Comanche Gore Brothers Infrastructure Grant 2002 City of EI Campo New ICM Real Estate Development 2003 Wharton County Silver Streak Bass Infrastructure Grant 2003 City of Wharton Wal Mart Infrastructure Grant 2003 City of Kingsville Yaklin Ford Lincoln Mercury Infrastructure Grant 2003 City of Kingsville Neessen Chevrolet Infrastructure Grant 2003 City of Wharton Jr's Texas Best Infrastructure Grant 2003 Gun Barrell City Lowe's Corporation Infrastructure Grant 2003 Gun Barrell City Lowe's Corporation Enterprise Project 2003 City of Sulphur Lowe's Corporation Infrastructure Grant Springs 2003 City of Sulphur Lowe's Corporation Enterprise Project Springs 2003 City of Olney TCDP Sewer Improvements 2003 City of Seymour TDDP Water Improvements 2004 Kleberg County Circle K Infrastructure Grant 2004 City of Bardwell TCDP Water Improvements 15 Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS 2004 City of Hackberry TCDP Water Improvements 2004 City of Keene TCDP Sewer Improvements 2004 City of Milford TCDP Water Improvements 2004 City of Waxahachie Lowe's Corporation Infrastructure Grant 2004 City of Waxahachie Lowe's Corporation Enterprise Project 2004 Town of Little Elm Lowe's Corporation Infrastructure Grant 2004 Town of Little Elm Lowe's Corporation Enterprise Project 2004 City of Kingsville Kingsville Memorial Funeral Home Infrastructure Grant 2004 City of Cleburne Lowe's Home Centers, Inc. Infrastructure Grant 2004 City of Cleburne Lowe's Home Centers, Inc. Enterprise Project 2004 City of Lindale Lowe's Home Centers, Inc. Enterprise Project 2004 City of Lindale Lowe's Home Centers, Inc. Infrastructure Grant 2004 City of Lindale Trinity Mother Frances Hospital Infrastructure Grant 2004 City of Mt. Pleasant Lowe's Home Centers, Inc. Enterprise Project 2004 City of Granbury Lowe's Home Centers, Inc. Enterprise Project 2004 City of Sherman Tyson Fresh Meat, Inc. Enterprise Project 2005 City of Milford TCDP Sewer Improvements 2005 City of Seymour TCDP Water Improvements 2005 City of Corsicana Oil City Iron Works Infrastructure Grant 2005 City of Keene Texas Pocket Springs Infrastructure Grant 2005 City of Decatur Landmark Fabrications Infrastructure Grant 2006 City of Olney HyperTec Real Estate Development 2006 City of Mt. Pleasant Newly Weds Foods Infrastructure Grant 2006 City of Mt. Pleasant Newly Weds Foods Enterprise Project 2006 City of Bardwell TCDP Water Improvements 2007 Town of Sunnyvale Marazzi Tile Infrastructure Grant 2007 Town of Alvarado Sabre Communications Enterprise Project 2007 City of Brownwood Barr Fabrications Real Estate Development 2007 City of Corsicana Northrop Grumman Real Estate Development 2008 City of Olney Air Tractor, Inc. Real Estate Development 2008 Town of Little Eim Retractable Technologies, Inc. Infrastructure Grant 2008 Town of Sunnyvale Mitlard Refrigerated Services, Inc. Infrastructure Grant 2008 City of Alvarado Sabre Communications, Inc. Infrastructure Grant 2008 City of Hillsboro D.W. Distribution Infrastructure Grant 2008 City of McGregor RTLC Windtowers infrastructure Grant 2008 City of McGregor Brazos Ethanol Infrastructure Grant 2008 City of Corsicana Denny's Infrastructure Grant 2008 City of Lorena TCF Downtown Revitalization 2008 City of Paris Main Street Sidewalks 2008 City of Pilot Point Main Street Sidewalks 2010 City of Milford Kennard Investment Company Infrastructure Grant 2010 City of Corsicana Cinergy Cinema Infrastructure Grant 16 ~<r, Es Administrative Services on behalf of Daisy Brand Operating, LLC PARIS, TEXAS ■ Familiarity with Project or City The application for this project was compiled and submitted by Municipal Development Services. The staff worked with the city and business to answer all deficiencies addressed by the Texas Department of Agriculture in order to ensure the successful completion of the application process. In addition, Municipal Development Services is now working with the City on their Main Street project. ■ Affirmative Action It is the priority of Municipal Development Services to afford equal opportunity for employment to all individuals regardless of race, color, creed, religion, sex, national origin, physical or mental disability, marital status, parenthood or age. Municipal Development Services will take affirmative action to insure that it will: 1. Recruit, hire and promote all job classifications without regard to race, color, creed, religion, sex, national origin, physical or mental disability, marital status, parenthood, or age; 2. Base decisions on employment so as to further the principle of equal employment opportunity; and, 3. Insurance that promotion decisions are in accordance with principles of equal employment opportunity. Cooperation between management and employees is the key to the successful; achievement of a nondiscriminatory employment program. The management of Municipal Development Services will insure equal employment opportunity for all. 17 0 Municipal Development Services P.O. Box 1705 Forney, Texas 75126 r~, ~ c~, c ~ h~'~~.°, I AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into by the City of Paris, a home-rule municipal corporation hereinafter called "CITY" and Municipal Development Services, a Texas Corporation, acting herein through a duly authorized officer, hereinafter called "MDS" for Management and Administrative Assistance in the administration of a Texas Capital Fund (TCF) grant from the Texas Department of Agriculture (TDA) for infrastructure improvements on behalf of Daisy Brand Operating LLC dba Daisy Farms. WITNESSETH: For the mutual promises and benefits herein described, the parties agree as follows: 1. Term of Agreement: This Agreement shall become effective on the day it is signed by the last party hereto, and shall continue in effect thereafter until the services provided for herein have been performed, or until terminated as provided herein. 2. Services to be Performed by MDS: MDS sha11 diligently and timely perform the Professional Management and Administrative Assistance in the administration of a Texas Capital Fund (TCF) grant from the Texas Department of Agriculture (TDA) for infrastructure improvements on behalf of Daisy Brand Operating LLC dba Daisy Farms. 3. Compensation of MDS: The CITY sha11 compensate MDS for the services provided and accepted by CITY pursuant to this Agreement and in accordance with the Payment Schedule attached hereto as Exhibit B. Provided, however, total compensation under this Agreement shall not exceed the amount quoted in Exhibit B without prior written authorization from the City Manager of the City of Paris, Texas. 4. Independent Contractor: MDS covenants and agrees that MDS is an independent contractor and not an officer, agent, servant or employee of CITY; that MDS sha11 have exclusive control of and exclusive right to control the details of the work performed hereunder and a11 persons performing same, and sha11 be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and MDSs; that the doctrine of respondeat superior shall not apply as between CITY and MDS, its officers, agents, employees, contractors, subcontractors and MDSs, and nothing herein sha11 be construed as creating a partnership or joint enterprise between CITY and MDS. 5. Indemnification: MDS hereby agrees to release, defend, indemnify and hold the CITY and its elected officials, officers, agents and employees harmless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, includ'mg reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by MDS pursuant to this Agreement, but only to the extent caused by the negligent act of omission or intention wrongful act of omission of MDS, its officers, agents, employees, subcontractars, subconsultants, licensees, invitees or any other third 1 EXHIBITA- ~i~ ~ parties for whom MDS is legally responsible (hereinafter "Claims). MDS is expressly required to defend CITY against a11 such claims and/or lawsuits. 6. Insurance Requirements: NIDS agrees to meet a11 insurance requirements set out below, and to require all subcontractors andlor subconsultants who perform work for MDS on this Project to meet these insurance requirements as well: MDS shall maintain insurance for this Project in accordance with the following required coverages and limits, and shall furnish a copy of said policies or properly executed Accord Certificates to the City upon execution of this Agreement and throughout the Contract term. The City of Paris, its elected officials, officers and employees shall be included and covered as Additional Insured's on a11 policies listed below except the Professional Liability and Workers Compensation policies. General Commercial Liability $500,000 per occurrence/$1,000,000 aggregate Commercial Auto Liability $500,000 per occurrence/$1,000,000 aggregate Professional Liability $1,000,000 per claim and in the aggregate Workers Compensation State required minimum limits 7. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Consultant sha11 violate any of the covenants, agreements, or stipulations of this Contract, the City sha11 thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, a11 finished or unf'uiished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract sha11, at the option of the City, become its property and the Consultant sha11 be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such times as the exact amount of damages due the City from the Consultant is determined. 8. Termination for Convenience of the Citv. The City may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the City as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the ternunation date. If this Contract is terminated due to the fault of the Consultant, Paragraph 1 hereof relative to termination shall apply. 9. Reuse of Documents: All documents prepared by NIDS for City pursuant to this Agreement are instruments of service for the specific project contemplated under this Agreement. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written 2 to ~ (G) ~✓~k, r + J, verification or adaptation by MDS for the specific purpose intended will be at CITY's sole risk and without liability to MDS. 10 11 11 Notices: Any notices to be given hereunder by either party to the other may be effected either by personal delivery, in writing, or by registered or certified mail, to the following address: Directar City Manager Municipal Development Services City of Paris, Texas P.O. Box 1705 P.O. Box 9037 Forney, TX 75126 Paris, Texas 75460 Other Provisions: The parties hereto further agree as follows: (a) Texas Law to Apply; Successors; Construction. This Agreement sha11 be construed under and in accordance with the laws of the State of Texas. It sha11 be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and the remainder of this Agreement sha11 be construed as if such provision had never been contained herein. (b) Non-Assignment. The parties hereto further agree that during the term of this agreement, the services to be provided hereunder sha11 remain the sole responsibility of MDS, and that MDS shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of City Manager of the City of Paris, Texas. (c) No Waiver. No waiver of either party's rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. (d) Sole Parties to Agreement. This Agreement shall not create any rights or benefits to anyone except the CITY and MDS, and contains the entire agreement between the parties. Ora1 modifications to this agreement shall have no force or effect. (e) Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Ageement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement sha111ie in Lamar County, Texas. Any Amendment or Supplement to this Agreement sha11 be in writing, and be signed by the appropriate authorized parties for both CITY and MDS. 3 000060 IN WITNESS WHEREOF, the parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original. CONSULTANT: MUNICIPAL DEVELOPMENT SERVICES By Kim Lacey, Director Date: ATTEST: (Corporate Seal) Mayor Date OWNER: CITY OF PARIS, TEXAS By: Kevin Carruth, City Manger Date: ATTEST: (Seal) Director Date 4 " O~pjrf.li EXHIBIT A SCOPE OF SERVICES Municipal Development Services shall provide the following scope of services as needed: A. Project Mana eg ment l. Develop a recordkeeping system consistent with program guidelines, including the establishment of a filing system 2. Maintenance of filing system 3. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters 4. Assist in the procurement of professional consulting engineering services through the request for proposal process, if applicable, and as required by the TCDP regulations 5. Furnish City with necessary forms and procedures required for implementation of project 6. Assist the City in meeting all special condition requirements that may be stipulated in the contract between the City and TDA 7. Prepare and submit to Office documentation necessary for amending the TCDP contract 8. Conduct re-assessment of environmental clearance for any program amendments 9. Prepare and submit quarterly reports (progress and minority hiring) 10. Prepare Recipient Disclosure Report form for Locality signature and submittal 11. Establish procedures to document expenditures associated with local administration of the project 5 12. Provide guidance and assistance to City regarding acquisition of property: • Submit required reports concerning acquisition activities to Office • 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 TCDP Property Management register for any property/equipment purchased or leased 14. Serve as liaison for the City during any monitoring visit by staff representatives from either TDA or HUD B. Financial Mana eg ment 1. Assist the City in proving its ability to manage the grant funds to the state's audit division. 2. Assist the City in establishing and maintaining a bank account (Direct Deposit account) andlor separate local bank account, journals and ledgers. 3. Assist the City in submitting the required Accounting System Certification letter, Direct Deposit Authorization Form (if applicable), and/or Depository/Authorized Signatory form to Office. 4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly, timely payments to all contracting parties within the allotted time period. 5. Review invoices received for payment and file back-up documentation 6. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters 7. Assist the City in establishing procedures to handle the use of any TCDP program income. 6 ! r) ;,5 0 0 C C. Environmental Review 1. Prepare environmental assessment. 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 any required re-assessment of environmental assessment. 5. Ensure compliance with EO 11988 for projects in the flood plains. 6. Prepare Request for Release of Funds and certifications to be sent to the Office. D. Acquisition 1. Prepare required acquisition reports(s). 2. Obtain documentation of ownership for City-owned property and/or ROWs. 3. Maintain a separate file for each parcel of real property acquired. 4. Determine necessary method(s) for acquiring real property. 5. Prepare correspondence with property owners. 6. Assist City in negotiations with property owner(s). 7. Prepare required acquisition reports and submit to the Office. E. Construction Management 1. Establish procedures to document expenditures associated with local construction of the project (if force account is applicable). • Assist City in determining whether and/or what TCDP contract activities will be carried out in whole or in part via force account labor. 7 , ~ ~',.i 0 • Assist City in determining whether or not it will be necessary to hire temporary employees to specifically carry out TCDP contract activities. • Assist City in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs. 2. Assist City in documenting compliance with all federal and state requirements related to equal employment opportunity. 3. Assist 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. Notify the Office in writing of name, address, and phone number of appointed labor standards compliance officer. 5. Request wage rates from the Office. 6. Provide sample TCDP contract documents to engineer. 7. Advertise for bids. 8. Make ten-day call to the Office. 9. Verify construction contractor eligibility with the Office. 10. Review construction contract. 11. Conduct pre-construction conference and prepare minutes. 12. Submit any reports of additional classification and rates to the Office. 13. Issue Notice of Start of Construction to the Office. 14. Review weekly payrolls, including compliance follow-ups. Conduct employee interviews. 15. Process change orders approved by City and the project engineer and submit to the Office prior to execution with the construction contractor. 8 ~ .J 16. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit to the Office. 17. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters. F. Fair Housing / Equal Opportunity 1. Assist the City in developing, implementing and documenting new activities to affirmatively further fair housing activities during the contract period. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. 3. Prepare Section 3 and Affirmative Action Plan. 4. Prepare all Section 504 requirements. 5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid packet G 1. Prepare and submit local relocation guidelines to Office for approval. 2. Assist 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 relocatees. 8. Ensure that all payments are made in a timely manner. 9 H. Rehabilitation of Private PropertX 1. Prepare and submit local rehabilitation guidelines to the Office for approval. 2. Assist City in establishing escrow account and obtaining Office approval. 3. Develop outreach and 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 Office requirements. 1. Audit / Close-out Procedures l. Prepare the final Project Completion Report, including Minority Business Report, Recipient Disclosure/LJpdate Report, documentation of fair housing activities and Certificate of Completion. 2. Assist City in resolving any monitoring and audit findings. 3. Assist City in resolving any third party claims. 4. Provide auditor with TCDP audit guidelines. 10 F.XHiRiT R COST OF SERVICES The City of Paris shall compensate Municipal Development Services for their professional services as follows: Services Rendered Fee Set Up Record Keeping $4,000.00 Environmental Review 8,000.00 Special Conditions Fulfilled 10,000.00 Quarterly Reports 7,000.00 Jobs & Low/Mod Documentation 6,000.00 Bid Letting Award 5,000.00 Construction Compliance/Davis Bacon 9,000.00 TCF Contract Documents 8,000.00 Close-Out Documents 3,000.00 TOTAL $60,000.00 These fees shall be billed on a percentage of completion basis and shall be payable upon the receipt of an invoice from MDS. Any additional services desired by the City and not associated with the general services outlined in Part II - Scope of Services shall be billed as mutually agreed to by both parties. 11 r J EXHIBIT C TERMS AND CONDITIONS Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant 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 Consultant under this Contract shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant far the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City. The City may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the City as provided herein, the Consultant 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 Consultant, Paragraph 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Consultant 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 ar have any contractual relationship with the City. b. All of the services required hereunder will be performed by the Consultant 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. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 12 ~ 5. Assi n~ ability. The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto: Provided, however, that claims for money by the Consultant from the City 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. 6. Reports and Information. The Consultant, at such times and in such forms as the City may require, shall furnish the City 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. Records and Audits. The Consultant shall insure that the City maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner that 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 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. 8. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Cop.yri~ht. 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 Consultant. 10. Compliance with Local Laws. The Consultant shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity. During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin. The Consultant 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; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available 13 t~~~~~7~ . to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. b. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national original. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will 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 Consultant will include the provisions a. through c. in every subcontract or purchase order unless exempted. 12. Civil Rights 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. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, or sex be excluded 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 Training, 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 Office 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. 1701u. 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 that are located in, or owned in substantial part by persons residing in the area of the project. b. 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 Office 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 that would prevent them from complying with these requirements. 14 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 aYd shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. 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. 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 Office 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. 15. Section 503 Handicapped (if $2 500 or Over) Affirmative Action for Handicapped Workers. a. 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. b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. In the event of the contractor's 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. 15 wo 0 0 0 ct 7 G d. 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. f. 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. Interest of Members of a City. No member of the governing body of the City and no other officer, employee, or agent of the City 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 Consultant shall take appropriate steps to assure compliance. 17. 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 Consultant shall take appropriate steps to assure compliance. 18. Interest of Consultant and Emplovees. The Consultant covenants that he/she presently has no interest and shall not acquire interest, director 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 Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 16