1933 RES CITY COUNCIL AUTHORIZED IN RES NO 1895 PROCESSING OF GRANT APPLICATIONRESOLUTION N0. 1933 ,
WHEREAS, the City Council of the City of Paris did heretofore
authorize, in Resolution No. 1895, the processing of a grant applica-
tion under the Public Works and Economic Development Act of 1965,
as amended, and did thereafter in Resolution No, 1913 authorize said
application to be increased; and,
WHEREAS, an Offer of Grant has been tendered by the United
States Department of Commerce, Economic Development
Administration, under Project No. 08 -Ol -02074, in an amount not to
exceed $300, 000. 00; and,
WHEREAS, the City Council of the City of Paris finds it to be
in the best interest of the citizens of Paris to accept such Offer of
Grant; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Offer of Grant, made by the United States
Department of Commerce, Economic Development Administration,
attached hereto as Exhibit A, is in all things accepted; and,
BE IT FURTHER RESOLVED, That Robert W. Sokoll, City
Manager of the City of Paris, be, and he is hereby authorized and
directed, on behalf of the City of Paris, to execute said Offer of
Grant indicating the City of Paris' acceptance of the same.
Passed and adopted this 1.5th day of May, 1979.
.
.
Michael E. Malone, ayor
ATTEST:
.
H. . reene, City Clerk
APPROVED S TO FORM:
.
. K. ynes, City Attorney
' ,a'o~Mr ar Cpy` .
• : UNITED S3'ATES D`"'3ARTMEN7 OF COMMERCE
• ~ • Econornic t]evelopn t Administration
Washing;.on, D.C. 20230
' ~'•>,►.,w~'~ Pro j ect Mo.: 08-01-02074
Offer Date : tIAY 10 1979
Public Works and Development Facilities
OFFER OF GRANT
Pursuant to its authority under the Public 4lorks and Economic Development Act of
1965, as amended, (P.L. 89-136) and subject to the Special Conditions (Exhibit "A")
and the Standard Terms and Conditions (Exhibit "B", dated October l, 1978), both
incorporated by reference herein,"the Economic Development Administration, U. S.
Department of Commerce (hereinafter the "Government"), offers a Grant not to exceed
$300,000 t0 the City of Paris, Lamar County, Texas
(hereinafter the "Grantee") in order to aid in the construction or equipping of
public works or development facilities presently estimated to cost $ 500,000
and Cottslsting of water system improvements `
(hereinafter the "Project") provided that in no event sha11 this Grant exceed
whichever is the lower of $300,000 or 60 per cent of the actual cost of
the Project as determined by the Government.
This Offer, the Acceptance, the Special Condi'tions, and the Standard Terms and
Conditions including any addenda shall constitute the "Grant Agreement". .
Acceptance of this Grant Offer must be returned to the Econoinic Development
Administration prior to f,?Ay 2 5 1979
ECQNQMIC JEVELOPMENT ADMINISTRATION . By: .
Rppr png 0 i ial (Title) Director . .
Southwestern Region, EDA
The above Offer af Grant is hereby accepted.
Date:
(Name of Grantee
By:
Signature and Printed Name Title of Accepting Official
CERTIFICATION (By Official other than Accepting Official)
The person signing this Acceptance is so authorized by the Governing Body or Board
of the recipient.
Signature
1111
(PrTnted Name)
FOFtM ED-1019 (REV. 3-69)
EXHIBIT A
USCOMM-DC 53054-P79
Title of Certifying Official
(Date)
•
' U. S. DEPART:2EhT OF COrMERCE .
Economic Development Administration
EXHIBIT "A" .
" Public Works and Develogment Facilities Project No. 08-01-02074
GRANTEE: City of Paris •
Lamar County, Texas
SPECIAL CONDITIONS .
1. TEre Grantee hereby covenants and agrees, as an essenti4l condition of ' this Agreement, that it shall diligently pursue the development.of this
Project to insure completion within the length of time proposed in the
application. It.is expressly understood and agreed that the Grantee
shall noti.fy the Government in the event delays occur which substantially
affect the accomplishment of the Project within the schedule embraced
,
in this Agreement.
. The Grantee agrees to the Project development time scheduZe required .
a£ter approval for the following:
Completion of Fina1 Plans--------------------°'--- 30 days
Advertise for the Purpose of Competitive Bidding--- .60 days
Award of Construction Cantract------------------"- gd days
Start of Construction------------------------------ 120 days ~
, Construction Period--------------------------°"-- Six months ' 2. Department of Labor regulations set forth at 41 CFR 60-4 establish goals
and timetables for participation of minorities and women in the construc-
tion industry. These regulations apply to a11 Federally assisted con- .
' struction contracts in excess of $10,000. Grantee/Borrower shall comply
with these regulations and shall obtain compliance with 41 CFR 60-4 from
contractors and subcontractors employed in the completion of the Project
by*inclucling such notices, clauses and provisions in the Solicitations
for Offers or Bids as required by 41 CFR 60-4. Goals and timetables for
the participation of women in each trade area sha11 be as follows:
Goals -
~ Timetable (pexcent) ~
From April 1, 1978 until March 31, 1979 3.1 ~
From April 1, 1979 until March 31, 1980 5.0 :
From April. 1, 1980 until March 31, 1981 6.9 _
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SPECIAL CONDZTYONS
Project No. 0$-01-02074
Page 2
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Goals for minority participation shall be as prescribed by Appendix B,
Federal Register, Vol. 43, No. 68, April 7, 1978, or subsequent publi-
cations. Grantee/Borrower shall include the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" (or cause
Chem to be included if appiopriate) in all Federally assisted contracts
and subcontracts. The goals and timetables for minority and female par-
ticipation may not be less than those published pursuant to 41 cFx 60-4.6.
3. Prior to advertisement for construction bids, the Grantee shall submit
satisfactory evidence to the Government that the final plans and speci-
fications have been received and approved by the Texas State Health ,
- Department. .
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• October 1, 1978
U. S. DEPARTh'ENT OF COMh1ERCE
ECONOMIC DEVELOPh1ENT ADI•1INISTRATIOfd '
Public 4lorks and Dedelopment Facilities _
. STANDARD 7ERMS AND CONDITIONS .
t~rm (a) "Government "
For the purpose of these Standard Terms and Conditio~}, thtnee term "Assistant
refers to the Economic Development Administration; (
Secretary" refers to the Commerce
and (c) the term "Grantee/Qorro~•1er an, Governmental funds whether receiSi~s apGattac . f~mentamaderaapartnthereof.LoThe ~rork,
under the agreement to i•lhich th
the facilities and/or the property, real or personal, which is financed wholly or
in Part by the Government here5y tirill be referred to as "the Project."
The Public Works and Economic Development Act o-F 1965 and its amendments.are
hereinafter referred to as P.. L. 89-136.
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( Some of the terms and conditions f reference
of
~ summary of the pertinent statutes or
Federa7 Regulations. 7c the extent that it is a summar~h~sre~ulatmonrissued
fi condition is not in deAllastatutes or regulat~onst~vhto, ether or not referenced
y by a Federal agency.
. herein are to be applied as amended on the date they are administered.
i A. Statutory Requirements
. The Govei°nment shall be under no obligation to di'sbur'e u~rdmentsess the
; Grantee/Borrot•rer is in compiiance with the follohing q
r 1. The Grantee/Qorroti•rer shall comply, and require each of its contractors
and subcontractors emp1oyed in the completion of the project to
, comply with all applicable Federal, State,
~ 1 aars-, and i n parti cul ar the fo11 o4~n ng Fede
• . issue0 thereunder:
.a. The Public tdorks and Economic DevelopmSetAndoregulatians,
amended, P. L. 89-736, 42 U.S.C. 3121, e a, a
13 CFR, Chapter III; .
r b. The Davis-aacon Act as amended (40 U.S.C. 276a-276a (5); 42
1
! U.S.C. 3222, as amended)), .
c. The Contract ldork Hours Standards Act, as amended (40 U.S.C.
327-333) ; • .
d. 7hQ Copeland "{1n87~Kickback" Act, as amended (40 U.S.C.
~ 276 (c); (18 U.S.C
° e. Title VI of the Civil~u~live Orde~s 11114, a112~16nand 11375,
U.S.C. 2000d-2000d-4), Exe
41 CFR Pa1"t 60--4, P. L. 92-65, Section 112, 13 CFR 311.40-43
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as amended, regulations issued pursuant to the Age Discrimination Act
of 1975, 42 U.S.C. 6101, et se iqhen they become effective on or
after January l, 1979, and such other civil rights legislation as is
applicable; f. 7he Clean Air Act as amended (42 U.S.C. 7401, et se
g. 7f1e Federal 4Jater Pollution Control Act, as amended (33 U.S.C.
1251, et seq.);
. h. The Endangered Species Act, as amended (16 U.S.C. 1531, et seq.);
i. The Coastal ZQne Management Act of 1972, as amended (16 U.S.C.
1451, et se j. The Safe Drinking Irlater Act of 1972, as amended (42 U.S.C.
300f-j9);
k. The Energy Conservation and Production Act (applicable to con-
structian of new residential and commercial structures) (42 U.S.C.
6801, et se .
1. 'The Wi1d and Scenic Rivers Act, as amended (16 U.S.C. 1271, et
se
m. The Historical and Archeologicai Data Preservation Act, as
amended (16 U.S.C. 469);
n. -Executive Order 11990, Protection of 4letlands (h1ay 24> 1977);
. o. Public Law 90-480, as amended, (42 U.S.C. 4151, et se and the
regulations issued or to be issued thereunder, prescribing standards
for the design and construction of any building or facility intended
to be accessible to the public or which may.result in the employment
of handicapped persons therein; .
p. Sectiorr-504 of P. L. 93-112 (29 U.S.C. 794), and the implementing
regulations in 15 CFR Part 15 as soon as such regulations become
effective prohibiting discrimination against the handicapped under
programs or activities receiving Federal financial assistance;
q. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P. L. 91-646, as amended), (42 U.S.C. 4601, et
seq.) and 13 CFR Part 310, as amended;
r. The Flood Disaster Protection Act of 1973, P. L. 93-234, as
amended, (42 U.S.C. 4002, et se and regulations and guidelines
issued thereunder by the U. S. Department of tlousing and Urban
Dq~velopment and/or the Economic Deve7opment Administration;
~
s. Office of Management and 6udget Circular A-102 or A-110 as
. applicable (A-102 is applicable to Governmental Grantees. A-110 is
applicable to non-governmental grantees); :
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t. E.O. 11988, Floodplain h1anagement,
and guidelines issued thereunder by the
Administration;
May 24, 1977, and regulations
Economic Development
u. National Environmental Policy Act of 1969 (P. L. 90-190); the
National Historic Preservation Act of 1966 (16 U.S.C. 470); and
Executive Order No. 11593 of htay 13, 1971, and all pertinent rules
and regulations issued thereunder; v. The Lead-based Paint Poisoning Prevention 29t (42 U.S.C. 4831)
and the implementing regulation in 13 CFR 309.
2. Tf the Project includes sewer or other waste disposal facilities,
• EDA t•aill not approve final plans and specifications, authorize
, advertising for bids, or disburse funds until the Environmentai .
Profiection Agency has issued a certificate as required by Section 106, P..L. 89-136 (42 U.S.C. 3136).
3. The Grantee/Borrower shall file the certification and agreements
required by Section 711, P. L. 89-136, as amended, (42 U.S.C. 3221)
13 CFR 309.7, as amended.
~ 14. Prior to the disbursements by the Government of any loan funds
, pursuant to this agreement, the Grantee/6orrower must demonstrate to
the satisfaction of the Government that funds are not othervlise
• available on terms which will permit the completion of the project
as required by Section 201, P. L. 89-136 (42 U.S.C. 3141).
5. The Grantee/Borrower warrants that the Project will be properly
and effeciently administered, operated and maintained as required
by Section 604, P. L. 89-136 (42 U.S.C. 3204). Prior to construc-
tion completion, the Grantee/Qorro,,rer shall submit evidence
satisfactory to the Government that sufficient funds are available
for requisite capital expenditures necessary to cammence operations
and to adininister, operate and maintain the Project for its useful
life. B. General-Requirements
'1. The Grantee/Borrovrer shall comply ivith the administrative, pro-
cedural and policy requirements contained in the current edition of
the Economic Development Administration bool:let, "Requirements for
Approved Public 4lorks Projects", and the applicable regulations of
the Economic Development Administratian.
2. 7he Gavernment reserves the right to suspen;? the grant or loan,
and ti•rithiiold further payments, or prohibit the Grantee/Qorrower
from incurring additional obligations, pending corrective action by
the Grantee/'D orroiier or a decision by the Government to terminate
the grant or loan unless the Project is completed to the satisfac-
tion of the Governrnent.
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3. The Government shall have the right to terminate for cause all
or any part of its obligation hereunder if:
a. Any representation made by the Grantee/Borro4•ier to the
Governnient in connection with the application for Government
, assistance shall be incorrect or incomplete in any material
respect.
b. The Grantee/Borrower fails to comp1y tivith the essential
condition of this Agreement, that it shall diligently pursue
the development of this Project to ensure completion vlithin
the 1ength of time proposed in the'Offer. Failure to m°et
the schedule in the Offer may cause the Government to ter-- ,
minate the Offer of Grant. It is expressly unclerstood and
agreed that the Grantee/Borrower shall notify the Regional
Director in the event delays occur which substantially
affect the accomplishment of the Project.
c. The intent and purpose of the Project is changed sub-
stantially so as to significantly affect the accomplishment
..of the Project as intended.
d. The Grantee/Borrower has violated commitments made by
it in its application and supportina documents or has ;
violated any of tfie terms oi- conditions of this Agreement. :
e. Any official, employee, architect, attorney, engineer
. or inspector of or for the Grantee/Borrower or any Federal,
State or local official or represenl:ative, becomes direct1y
or indirectly int.erested financially in the acquisition of
• any materials or equipment, or in any construction for the
. Project, or in the furnishings of any service to or in
connection with the Project, or in any b2nefit arising
therefrom. .
f.`'The Grantee/Borrower fails to report immediately to
the*Government any change of authorized representative(s)
' acting in lieu of or in behalf of the Grantee/Borrower.
4. The ob7igations hereunder may be terminated for convenience
if: a. 8oth the Grantee/Borrower and the Government agree that-
continuation of the Project would not produce heneficial
results commensurate with the further expenditure of funds.
b. Both the Grantee/Borroiier and the Government shall agree
~ upon the termination conditions, including the effective
ri date and, in ihe case of partial terminations, the partion
° to be terminated.
c. 7he Grantee/Borrower agrees to incur no new obl i gati ons
for the terminated.portion after the effective da-te and to
cancel or satisfy all outstanding obligations as of that date.
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5. The Grantee/6orrotiqer shall have the sole authority and full
responsibility, without recourse to the Federal Government or any
' cf its agencies, for the settlement and satisfaction of all
contractual and administrative issues arising out of this grant
and/or loan.
6. Except for such aspects as, but not 7imited to, zoning,
building permits, and recording requirements, this Grant, Loan or
Grant and Loan shall be governed by and ccnstrued under Federal
1 alv. .
By acceptance of the Offer of Government assistance, the
Grantee/Borrower represents that it has not oaid, and also,
- agrees not to pay, any bonus or commission for the purpose of
. obtaining an approval of its application for this assistance. :
C. Loan (Bond and/or «ote) Requirements
1. Qonds and/or Notes
a. The Grantee/Borrower shall initiate and prosAcute to
completion all proceedings necessary to the authorization, ' issuance, and sale of the Bonds and/or Notes to the
. security ther-eof. bJhen said proceedings have been completed
to the point of, but not including, the delivery of the
Bonds and/or Notes to the Government, the Grantee/Qorrovrer
rnay file a requisition requesting the Government to purchase
the Bonds and/or Notes. 7he requisition shall be supported ~
' by such data as the Government shall require to determine ' whether the Government is obligated under the provisions of
this Agreement to honor such requisition. If the Government '
, is so obligated, it will purchase the Bonds and/or Notes ~
covered by such requisitions, vrithin the limitations,
hoivever, specified in -lhis agreement. ~
. b.- The Grantee/Borrower shall furnish the Government a '
transcript of proceedings for the authorization, issuance,
sal~e and security of the Bonds and/or Notes evidencing that
' the Bonds and/or Notes, when delivered and paid for wi71
constitute binding and legal obligations payable and secured
in accordance t•ri th thei r tenor and that al l proceedi rigs for the financing and the acquisition, construction and develop-
ment of the project preliminary to the delivery of the Bonds andJor hates to the Government have occurred in due time,
form, and manner, as required by lativ.
c. In 1:he event that the Government, pursuant to its bid,
is requested to purchase all or any part of the Qonds and/or
Notes, the Grantee/Borrower sha17 deliver upon closing one
~ or more Bonds and/or Notes in principal amount(s) satisfac-
tory to the Government, registered as to principal and
interest in the name of the Governmeni;.
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d. 7he GranteeJ3orro.,rer agrees that upon ninety (90) days
written notice it tvill, at its own expense, issue in exchange
for the Bonds held by the riovernment, coupon bonds of equal
aggregate principal amount in denominations satisfactory to
the 6overnment maturing as provided in the Bond Specification
which Bonds shall be substantially in the form required by
the Government.
e. Simultaneously with the delivery of any Bonds and/or
Notes to the Government, the Grantee/6orrciver shall furnish
' to the Governm2nt from Bond and/or Note Counsel satisfactory
to the Government an opinion t•ahich shall express its general.
approval of all of the Bonds and/or Notes, and specifically and unqualifiedly the Bonds and/or Notes then being delivered
to the Government and shall state that said Bonds and/or
hotes have been issued pursuant to all requirem'ents of law
and that said Bonds and/or Notes, when delivered and paid for,
will constitute binding and legal obligations payable and
secured in accordance with the tenor thereof and the terms and
conditions of this Agreement.
f. The Grantee/Qorro,•;er shall include in the proceedings for
the authorization, issuance, sale and security of the Bonds
and/or Notes, provisions for the payment of the principal of
and interest on the Bonds and/or Notes and for the security
thereof of the nature required to assure such payment and to
safeguard the loan hereunder, including, in case the Bonds
and/or Notes are payable in whole or in part from any special
sources of revenues, provisions designed to assure the pro-
duction of such revenues and the app1ication tnereof to the
extetit required for the payment and security of the Bonds
and/or Notes and interest thereon, including the maintenance
of reasonable reserves.
g.So long as the Government holds any of the Bonds and/or
Notes, the Grantee/6orroti•ier shall furnish operating statements
' for the Project, and any facilities, the revenues of whicfi are
pledged to payment of the Bonds and/or Notes, in such form and
substance for such periods as may be requested by the Govern-
ment. . .
h. The Grantee/Borrower sha11 during construction and i:here-
after so long as the Government holds any Bonds and/or Notes,
carry insurance, and during construction require each contrac-
tor and subcontractor to carry insurance, of such types and in
such amounts as the Government may specify with insurance
carriers acceptable to the Government.
` -i. If required by the Government, the Grantee/Borrot•ier will
' enter into a Trust Agreement designating a bank acceptable to
the Governn:ent as Trustee and containing such other terms and
provisions as may be satisfactory to the Government.
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The 7rust Agreement shall provide for the payment of all
revenues fron the Project into an account with the Trustee
with provisions far the payrnent of current expenses there-
from and the transfer of the net remaining funds into
. appropriate additional accounts for the purpose of provid-
ing a rnaintenance reserve, funds for current bond and/or
note service, reserves for bond and/or note service and
bond and/or note redemption, all in a manner and form
acceptable to the Government. The funds in all such
accounts shall be held in trust and shall be secured as
reo;uired by law for deposit of Government funds.
j. In the event a Trust Agreement is not required by the -
Government, the Grantee/gorrower may be required by the Govern-
ment to establish such accounts, perform such duties and,comply trrith such terms and conditions as the Government might .
ordinarily require of a 7rustee in a Trust Agreement.
k. The Grantee/Borrower shall establish such accounts and
maintain such accounting procedures as may be necessary or
helpfttl in the accurate accounting for and segregation of
Project revenues and for the allocation of expenses, costs of
maintenance and overhead.
1. Moneys on deposit to.the credit of accounts and funds
established and maintained in conformity with tF►e provisions of
this Ayreement or to fund payments from net revenues may be
invested upon request by the Borrower, in direct obl'igations of,
or obligations, the principal of and the interest on Urhich are
guaranteed by the U. S. Government. Any interest earned on
deposits of grant funds in advance af costs incurred shall inure
to the benefit of the Government.
m. So long as the Government holds any of the Bonds and/or
Notes, it tivi 11 wai ve for such Sonds and/or Notes the noncal l abl p
provisions,- r.edemption premiums, and publications and notice of
ca11 applicable thereto Hrith respect to the Bonds and/or Notes
held by the.Government.
n. This Agreement is not for the benefit of third parties,
including the holders in due course from time to time of any
of the Qonds and/or Notes, and the Government shall be under na
obligation to any such parties, whether or not indirect:ly interested in said Ayreement, to pay any charges or expenses
inci dent to compl i ance by the Borrower tvi th any of i ts duti es or
obligations thereunder. o r As long as the Bonds and/or Notes are held by the Government,.
ithe Grantee/Qorror:er sha11 not dispose of its title to the Pro-
ject or to any useful part thereof without first obtaining the
- written consent of the Governm2nt. .
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p. To the extent of its interest in the outstanding principal
amount of the Bonds and/or Notes and the accrued interest thereon
the Government shall have a lien on the net revenues of the Pro-
ject in addition to sucii other security as is specified in this
• Agreement.
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