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;
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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.. ~
{
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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.
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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.
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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
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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.
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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.
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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.
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