ORDER N0. X8101 APGROVAL OF AMENDMENT N0. 1 TO CONTRACT N0. 701075 BETWEEN F;ERR COUNTY AND THE OFFICE OF RURAL COMMUNITY AFFAIRS On this tt~e 27th day of May 20@3, ~_~pon motion made by Commissioner, Lets, seconded by Cmm~Tissioner• Williams, the Co~_Tr•t unanimously approved by a vote of 4-0-0, of Amendment PdO. 1 to Contract Nn. 721075, between F:err Co~_~nty and the Office of R~_Tr~al Comm~_mity Affairs and author•i~e the Cn~anty J~_idge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE F[TR1yISH ONE ORIGINAL AND NINE COPIES OF THI5 REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley MEETING DATE: MaY 27, 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge / ., TIME PREFERRED: Consider and discuss approval of Amendment No. 1 to Contract No. 721075, between Kerr County and the OfFice of Rural Community Affairs and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Jude Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. OFFICE OF RURAL COMMUNITY AFFAIRS Rick Peny EXECUTIVE COMMITTEE MEMBERS GovEmOr Willfam_M..-Jeier, ltl, Chair Robt J. "barn" Tessen, Arts David Alders J'Im Roberts Executive IIirector ~ Nicki Harle Lydia Rangel Saenz Carol htarrell ~ Patrick Wallace Wallace Kfussmann ~ Michael Waters May 8, 2003 The Honorable Pat Tiniey County Judge, Kerr County . 700 Main Kerrville, TX 78028 Re: Texas Community Development Program (TCDP) Contract No. 721075 Amendment No. 1 Dear Judge Tinley: Enclosed are two (2) copies of Amendment No. 1 to Contract No. 721075, between Kerr County and the Office of Rural Community Affairs for your review and signature.. Please sign and return both copies of this amendment to our oft•ice at your earliest convenience. Should 'you have any questions concerning this amendment, please do not hesitate to contact Erica Leos, Regional Coordinator, at (512) 936-7875. Sincerely, Oralia Cardenas, Director Texas Community Development Program OC:mam Enclosures .cc: Contract File w\opsamd ' Visif us on the world wide web at www.orca.state.tx.us~ 1700 N. CONGRESS, SUITE 220 • AUSTIN, TX 78701 • P.O. Box 12877, AUSTIN, TX 7871.1 •512-936-6701 • FAX 512-936-6776 Prinfed on recycled paper ~~~ ~ ~~ OFFICE OF RURAL COMMUNITY AFFAIRS Rick Perry Governor Robt. J. "Sam" Tessen, MS Executive Director June 3, 2003 The Honorable Pat Tinley County Judge, Kerr County 700 Main Kerrville, TX 78028 Re: Texas Community Development Program (TCDP) Contract No. 721075 Amendment No. 1 EXECUTIVE COMMITTEE MEMBERS William M. Jeter, ill, Chairman David Alders Lydia Rangel 5aenz Carol Harrell Nicki Harle Wallace Klussmann Patrick Wallace Jim Roberts Michael Waters Dear Judge Tinley: Enclosed is an executed copy of Amendment No. 1 to Contract No. 721075 between Kerr County and the Office of Rural Community Affairs, effective May 7, 2003. Should you have any questions or need additional information concerning this amendment, please do not hesitate to contact Erica Leos at (512) 936-7875. Sincerely, c Oralia Cardenas, Director Texas Community Development Program OC:mam Enclosure cc: Contract File w\examd.doc Visit us on the world wide web at www.orca.state.tx.us 1700 N. COtYGRESS, SUITE 220, AUSTIN, TEXAS 78701 P.O. Box 12877, AUSTIN, TEXAS 78711-2877 512-936-6701 Printed on recycled paper AMENDMENT NO. 1 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT N0.721075 OFFICE OF RURAL COMMUNITY AFFAIRS AND THE KERR COUNTY STATE OF TEXAS COUNTY OF TRAVIS Section 1. The Office of Rural Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and Kerr County, hereinafter referred to as "Contractor", do hereby contract and agree to amend their original contract, as initially executed by the Executive Director of the Department effective May 8, 2001, through May 7, 2003, for the performance of community development activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above by deleting in its entirety Section 2, CONTRACT PERIOD, and replacing it with the following: Section 2. CONTRACT PERIOD This contract and agreement shall commence on May 8, 2001, and shall terminate on December 7, 2003, unless otherwise specifically provided by the terms of this contract. Section 3. The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is revised to read hereafter as given in the Performance Statement attached to this amendment, hereinafter referred to as Exhibit A, and hereby made a part of this amendment. Exhibit A consists of two (2) pages. Section 4 The parties hereto agree that this amendment shall become effective on May 7, 2003. Section 5. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 Section 6. The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in effect and shall continue to govern except to the extent that they conflict with the terms of this amendment. Section 7. The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above. Section 8. By the signing of this amendment, the parties hereto expressly understand and agree that this amendment shall become a part of the contract identified above in Section 1 above as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE MAY 7, 2003. Kerr County Approved and accepted on behalf of the Office of Rural Community Affairs. '~6a~fi" Tessen, MS, Executive Director Rural Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorized designee. Page 2 of 2 AMENDMENT NO. 1 PERFORMANCE STATEMENT Kerr County Contractor shall cant' out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities EXHIBIT A Contractor shall provide first-time public sewer service to fifty-four (54) households in the colonia Kerrville South. Construction shall consist of the installation of approximately one thousand five hundred twelve linear feet (1,512 I.f.) of ten-inch (10") sewer line, one thousand one hundred eighty linear feet (1,180 I.f.) of eight-inch (8") sewer line, one thousand six hundred thirty linear feet (1,630 I.f.) of six-inch (6") sewer line, fourteen (14) manholes, seventy (70) service laterals to the property line, right-of-way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place at the following locations: STREET FROM TO Green Meadow Sweetwater Ripplewood Wood cross country River Hill golf course Ranchero Ranchero Ranchero SH 16 SH 16 Rolling Green lift station Wood Wood Wood Camp meeting creek (existing 10" line) SH 173 Birkdale lift station These activities shall benefit one hundred thirteen (113) persons, of which ninety-five (95) or eighty-four percent (84%) are of low to moderate income. Rehabilitation of Private Properties (Sewer Service) Contractor shall provide first-time public sewer service to fifty-four (54) households in the colonia Kerrville South. Construction shall consist of the installation of fifty-four (54) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on-site sewage systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shall benefit ninety-five (95) persons, of which ninety-five (95) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements for the sewer line. Contractor shall carry out all acquisition of needed real property, easements, and/or rights-of-way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F.R. Part 42). Page 1 of 2 Enclineerinq Contractor shall ensure that the amount of Department funds expended for all eligible project- related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project- related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS STATE OF TEXAS J COUNTY OF TRAVIS ] SECTION 1 PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and Kerr County, hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on May 8, 2001, and shall terminate on May 7, 2003, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE "~ntractor shall conduct, in a satisfactory manner as determined by Department, a community avelopment program, hereinafter sometimes referred to as CDBG, in anon-entitlement area under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act. Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Project Implementation Schedule, hereinafter referred to as Exhibit C; the Applicable Laws and Regulations, hereinafter referred to as Exhibit D; the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable "" time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. Page 1 of 12 2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other ~' than Department or Contractor. 3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6 (A) of this contract. 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Certificate of Expenditures referred to in Section 8 (C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract, except as may be specifically set forth in Exhibit B, Budget, of this contract. 7. Department shall not be liable for costs incurred and reserved on the Certificate of Expenditures if such costs are not billed to Department within ninety days after the contract's termination date. Audit funds reserved on the Certificate of Expenditures eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the Department within twelve months after the end of Contractor's fiscal year that follows the termination date of this contract. Department shall deobligate all reserved funds not requested under this subsection. B. Excess Payments Contractor shall refund to Department any sum of money which has been paid to Contractor by Department, which Department determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made by Contractor to Department within thirty (30) working days after such refund is requested by Department. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by Department under this contract shall not exceed the sum of Five Hundred Thousand and No/100 Dollars ($500,000). SECTION 5. METHOD OF PAYMENT A. Contractor shall submit to Department at its offices in Travis County, Texas, a properly completed Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually needed. Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until Department has reviewed and approved such Request. B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective '^ aeration of programs under this contract, and shall be timed as closely as possible to be in accord ..ith actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as soon as administratively possible. Page 2 of 12 C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's fu11 "^ ~ satisfactory performance of its obligations under this contract. D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES, AND PROGRAM INCOME A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the Regulations and, for matters not addressed therein, with 24 C.F.R. Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" (hereinafter referred to as the "Common Rule") as modified by the rules promulgated by the Office of the Governor under the Uniform Grant and Contract Management Act (TEX. GOVT. CODE ANN. Chapter 783; hereinafter referred to as "UGCMS."), in performing this contract. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A-87, as supplemented by UGCMS and this contract. B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to account for program income related to activities financed in whole or in part with funds provided under this contract. .-.. 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract, and Contractor shall provide reports of program income to Department with each form submitted by Contractor in accordance with Section 5 of this contract, and at the termination of this contract. 2. Program income earned by Contractor during the period of this contract shall be retained by Contractor and utilized by Contractor to fund performances specified in this contract, in the manner specified hereunder, prior to requesting additional funds from Department. 3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to Department for its approval which specifies the manner in which Contractor proposes to use any unexpended program income earned under this contract to continue the performance specified in this contract in the manner specified hereunder. Any program income earned by the Contractor from this contract, prior to the establishment and approval of a Revolving Loan Fund plan by Contractor must be returned to Department. In the event Department does not approve the plan submitted by Contractor, Contractor shall return such program income to Department within thirty (30) working days after receipt of Department's notification of disapproval. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which 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 ''^" haracteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided ander this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three years from closeout of this contract or the period required by other applicable laws and regulations as described in the Regulations. Page 3 of 12 B. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine all books, accounts, ^^,ords, reports, files, and other papers, things, or property belonging to or in use by Contractor staining to this contract. Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Law. C. Contractor shall include the suk~stance of this Section 7 in all subcontracts. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall submit to Department such reports on the operation and performance of this contract as may be required by Department including but not limited to the reports specified in this Section 8. B. Contractor shall submit to Department no later than the twentieth (20th1 day of the month after the end of each calendar Quarter of the contract period specified in Section 2, a Quarterly Progress Report of the progress, in narrative form, of all construction and nonconstruction activities by budget categories performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget category made pursuant to Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be in a format prescribed by Department and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. Contractor shall submit a Certificate of Expenditures to Department no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities as determined by -Department. The Certificate of Expenditures shall be in a format prescribed by Department and shall :,lude a final Project Completion Report of all activities performed under this contract. D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on-site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. If the monitoring reports notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Contractor. Failure by Contractor to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. SECTION 10. INDEPENDENT CONTRACTOR ~t is expressly understood and agreed by the parties hereto that Department is contracting with ontractor as an Independent Contractor, and that Contractor, as such, agrees to the extent allowed by law to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any Page 4 of 12 third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. °"r;TION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining Department's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Contractor has obtained Department's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain Department's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor. Department's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. C. Contractor shall comply with Section 85.36 of the Common Rule, this contract and all applicable federal, state and local laws, regulations, and ordinances for making procurements under this ^ ntract. D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until Department determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: 1) The employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter 171, Local Government Code. B. In all cases not governed by Subsection (A) of this Section, no persons specified in subsection (C) of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. .-, Page 5 of 12 C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor. .-~ Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or be denied access to any program or activity funded in whole or in part with funds made available under this contract. B. None of the performances rendered by Contractor under this contract shall involve, and no portion of the~unds received by Contractor under this contract, shall be used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. Contractor shall comply with regulations promulgated by the U.S. Department of Housing and Urban Development at 24 C.F.R. Sec. 570.200(j). SECTION 14. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and "~'•arantee that he, she or they have been duly authorized by Contractor to execute this contract on half of Contractor and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 14. SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to be reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. .-.. .. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the Regulations, the assurances and certifications made to Department by Contractor, and the assurances and certifications made to the United States Page 6 of 12 Department of Housing and Urban Development by the State of Texas with regard to the operation of the Texas Community Development Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto "',t the performances under this contract are amended by the provisions of the TCDP Project . alementation Manual and any amendments thereto and may further be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of the TCDP in the form of TCDP issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein, provided however that said policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds between or among budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or otherwise requiring Department's prior written approval provided that: 1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less than five percent (5%) of the total amount of this contract as specified in Section 4 (C) herein; 2. The transfer will not change the scope or objective of the projects funded under this contract; and 3. Contractor submits a budget revision report to Department, on a form specified by Department, simultaneously with the submission of Contractor's first request for payment following any such transfers made in accordance with this Subsection D. SECTION 17. SUSPENSION Notwithstanding the provisions of TEX. GOVT. CODE ANN. Chapter 2251, in the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this contract in whole or in part and withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations of funds under this contract. SECTION 18. TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that Contractor has failed to comply with any term of this contract. Department shall notify Contractor in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the continuation of the activities funded under this contract would not produce beneficial results commensurate with the further expenditure of funds; provided that both ^~~rties agree, in writing, upon the termination conditions, including the effective date of such ,rmination; and in the case of partial termination, the portion of the contract to be terminated. Page 7 of 12 C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. °~~partment shall not be liable to Contractor or to Contractor's creditors for costs incurred after . urination of this contract. D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold payments to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractors expending $300,000 or more in Federal financial assistance for any fiscal year ending on or after June 30, 1997, shall have an audit made in accordance with Department's supplemental audit guide, the Single Audit Act Amendments of 1996, 31 U.S.C. 7507, and OMB Circular No. 133 -Revised June 30, 1997, "Audits of States, Local Governments, and Non-Profit Organizations." For purposes of this Section 19, "Federal financial assistance° means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of "-' State and local government; 2. Notwithstanding Section 4(a)(5) and Section 4(a)(6), Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract, provided however that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report, as determined by Department, from Contractor; 3. Contractor shall submit two (2) copies of the report of such audit to Department within thirty (30) days after the completion of the audit, but no later than nine (9) months after the end of the audit period. However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after the end of the audit period. Contractor shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits performed under Subsection A of this Section 19 are subject to review and resolution by Department or its authorized representative; 6. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual financial and compliance review of funds received and performances rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Contractor's records and to obtain any documents, materials, or information necessary to facilitate such review. C. Contractor understands and agrees that it shall be liable to Department for any costs disallowed '"' ~~rsuant to financial and compliance audit(s) of funds received under this contract. Contractor further _nderstands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. Page 8 of 12 0. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as Department may require of Contractor. ,-, .. Contractor shall procure audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor's report to the auditee. Audit working papers shall be made available upon request to Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 20. ENV4RONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to Department under Section 5304(f) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. B. Funds provided under this contract may be obligated and expended before the actions specified in this Section occur only for the following eligible activities: 1. The payment of reasonable planning and administrative costs related to the project; 2. Environmental studies, including environmental clearance activities required by this Section; '^ and 3. The payment or reimbursement of reasonable project engineering and design costs incurred for this project. C. Contractor shall prepare a written Environmental Assessment of its activities in accordance with 24 C.F.R. Part 58, Subpart E, and the TCDP Project Implementation Manual. Contractor must then follow the steps specified in this subsection to ensure compliance with the National Environmental Policy Act (NEPA). When the Environmental Assessment is completed, Contractor must follow one of the following two (2) procedures. The first is a Finding of Significant Impact, in which the Request for Release of Funds for the project is an action which may significantly affect the quality of the human environment. If this is the case, Contractor must then prepare an Environmental Impact Statement is accordance with Subpart F or Subpart G of 24 C.F.R. Part 58. The second and more common procedure must be followed for all projects not requiring an Environmental Impact Statement. Contractor in this instance must publish, in the manner prescribed in 24 C.F.R. Sections 58.43 and 58.45, a combined legal notice in a single publication: A Finding of No Significant Impact (FONSI), and a Notice of Intent to Request Release of Funds (NOIIRROF). In the first part of this notice, Contractor certifies that, as a result of the Environmental Assessment, the project is not an action which may or will significantly affect the quality of the human environment. Contractor shall then provide the public with at least fifteen (15) calendar days to comment orrthis combined notice following its publication date, unless exceptional circumstances exist as specified in 24 C.F.R. Section 58.46. If no unresolved problems occur, Contractor must then concurrently submit to Department the following documents: 1. a Publisher's Affidavit and Certification form, for the combined legal notice; and 2. a Request for Release of Funds form. Page 9 of 12 Upon receipt of such documents, Department must allow a fifteen (15) calendar days comments period to expire before it can formally re{ease any project funds which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as ... ~cified in Exhibit D of this contract. Contractor shall document its compliance with such other _auirements in its environmental review file. SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS A. Contractor shall provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which the funds provided under this contract are used, in accordance with Section 570.486 of the Regulations and this contract; B. Contract shall hold a public hearing concerning any activities proposed to be added, deleted, or substantially changes, as determined by the Department, from the activities specified in Exhibit A, Performance Statement, of this contract; C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance under this contract; D. For each public hearing scheduled and conducted by Contractor under this section, Contractor shall comply with the following requirements: 1. Notice of each hearing shall be published in the non-legal section of a newspaper having general circulation in Contractor's jurisdiction at least seventy-two (72) hours prior to each scheduled hearing. The published notice shall include the date, time, and location of each hearing and the topics to be considered at each hearing. The published notice shall be printed in both English and Spanish, if appropriate. Department shall accept articles published in such newspapers which satisfy the content and timing requirements of this subsection. In addition, Contractor shall prominently post such notices in public buildings and distributed to interested community groups. 2. If any substantial changes are being requested conceming the activities included in this contract, the public hearings shall be held after 5 p.m. on a weekday or on a Saturday or Sunday. The hearings must be conducted at a location convenient to potential or actual beneficiaries, with accommodation for the handicapped. 3. When a significant number of non-English speaking residents can reasonably be expected to participate in a public hearing, Contactor shall provide an interpreter to accommodate the needs of the non-English speaking residents. E. Notwithstanding the provisions of Section 7 of this contract, Contractor shall retain documentation of the public hearing notices, a list of the attendees at each hearing, and minutes of each hearing held in accordance with this section for a period of three (3) years after the termination of this contract. Contractor shall make such records available to the public in accordance with TEX. GOVT. CODE ANN. Chapter 552. F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall comply with the requirements of the Texas Community Development Program Complaint System, 10 TAC Sec. 1.11 - 1.13. Contractor shall ensure that its citizens are aware of the location and hours at which they may '" stain a copy of the written procedures and .the address and phone number for submitting complaints. Page 10 of 12 SECTION 22. SPECIAL CONDITIONS A. Department shall not release any funds for any costs incurred by Contractor under this contract "`il Department has received a copy of Contractor's previous fiscal year audit report or certification .n Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this contract. Department shall specify the content and form of such certification. B. Department shall not be liable to Contractor for any costs incurred by Contractor under this contract until Department receives a properly completed Depository/Authorized Signators Form, as specified by Department, from Contractor. C. Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assisted with funds provided under this contract until Contractor has received the applicable prevailing wage rates from Department. D. In accordance with Section 18 of this contract, this contract shall terminate six (6) months after the commencement date specified in Section 2 unless activities funded under this contract have begun by such date. E. Prior to Department's release of funds for the construction of the sewer system improvements described in Exhibit A, Performance Statement, of this contract, Contractor shall provide certification to Department that plans, specifications, and related documents for its sewer system improvements have been prepared by a registered professional engineer and that the review of such plans, specifications, and related documents meet the applicable Texas Natural Resource Conservation Commission review requirements described in Title 30 of the Texas Administrative Code, Chapter 317 (30 TAC 317.1). .-,. _CTION 23. DEBARMENT By signing this contract, Contractor certifies that it will not award any funds provided under this contract to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Contractor shall receive the certification provided by the Department from each proposed subcontractor under this contract and its principals. SECTION 24. POLITICAL AID AND LEGISLATIVE INFLUENCE PROHIBITED A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Contractor, the State of Texas, or the government of the United States. SECTION 25. ORAL AND WRITTEN AGREEMENTS .. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. Page 11 of 12 B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract: ,._.. 1. Exhibit A, Pertormance Statement, 2 Pages 2. Exhibit B, Budget, 2 Pages 3. Exhibit C, Project Implementation Schedule, 1 Page 4. Exhibit D, Applicable Laws and Regulations, 3 Pages 5. Exhibit E, Certifications, 2 Pages SECTION 26. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. WITNESS OUR HANDS EFFECTIVE May 8, 2001. 1=red Ffenneke, County Judge Kerr County Approved and accepted on behalf of the T Daisy Texa: of Housing and Community Affairs. ~tiner, Executive Director partment of Housing and Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by the Executive Director's authorized designee. Page 12 of 12 EXHIBIT A PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first-time public sewer service to sixty-nine (69) households in the Colonia Kerrville South. Construction shall consist of the installation of approximately four thousand linear feet (4,000 I.f.) of six-inch (6") sewer line, seven hundred twenty linear feet (720 I.f.) of four-inch (4") sewer line, one (1) six-foot by fourteen foot (6' x 14') wet well, two (2) one hundred fifty gallon per minute (150 gpm) submersible pumps, sixteen (16) manholes, sixty-nine (69) service laterals to the property line, right-of-way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place at the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood Green Meadow SH 16 -- cross country SH 16 SH 173 These activities shall benefit one hundred fifty-eight (158) persons, of which one hundred thirty-two (132) or eighty-three percent (83%) are of low to moderate income. Rehabilitation of Private Properties (Sewer Service) Contractor shall provide first-time public sewer service to fifty-eight (58) households in the colonic Kerrville South. Construction shall consist of the installation of fifty-eight (58) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on-site sewage systems, including filling of tankage. Construction shall take place at the locations specified above. These activities shat( benefit one hundred thirty-two (132) persons, of which one hundred thirty-two (132) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire all necessary easements for the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, andlor rights-of-way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F.R. Part 42). Page 1 of 2 ~EnpineerinA Contractor shall ensure that the amount of Department funds expended for all eligible project-related er~eering services, including preliminary and final design plans and specifications, all interim and final in. coons, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Page 2 of 2 EXHIBIT B BUDGET Kerr County LINE CATEGORIES 1 a. Water Facilities 1 b. Sewer Facilities 2. Solid Waste Disposal Facilities 3. Other Public Utilities (Gas) 4. Street Improvements 5. Flood and Drainage Facilities 6. Neighborhood Facilities/ Community Centers 7. Senior Centers 8. Centers for the Handicapped/ Sheltered Workshops Parks, Playgrounds, and Other Recreational Facilities 10. Fire Protections Facilities and Equipment 11. Parking Facilities 12. Pedestrian Malls and Walkways 13. Specially Authorized Assistance to Privately Owned Utilities 14. Specially Authorized Public Facilities and Improvements 15. Public Services (LIMITED TO 15% OF REQUEST) 16. Interim Assistance CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $ 402,760 $ -0- $ 402,760 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 1 of 2 L,,,, INE CATEGORIES i 7. Rehabilitation of Private Properties (Housing) 17a. Rehabilitation of Private Properties (V1later Service) 17b. Rehabilitation of Private Properties (Sewer Service) 18. Rehabilitation of Public Residential Structures 19. Public Housing Modernization 20. Clearance Demolition Activities 21. Historic Preservation 22. Removal of Architectural Barriers 23. Code Enforcement 24. Acquisition 25. Relocation Payments & Assistance 26. Economic Development Loan 27. Economic Devel. Interest Subsidy 28. Economic Devel. Loan Guarantee 29. Special Activities by Local Devel Corporations, Etc. 30. Engineering/Architectural Serv. (Total for all construction accounts) 31. Planning & Urban Env. Design (NOT TO EXCEED 16%) 32. General Administration TOTALS CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $ $ $ $ 55,000 $ -0- $ 55,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 20,240 $ -0- $ 20,240 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 22,000 $ 40,000 $ 62,000 $ $ $ $ -0- $ 35,000 $ 35,000 $ 500,000 $ 75,000 575,000 Page 2 of 2 EXHIBIT G gCHE~ULE CT IMpLEME`~TATION PRpJE Kerr GountY 20 21 .~ ~F 17 18 19 11 f ica lities ..--~ $eNices __.ont of Professional mental Review X X X X x & Specifications X X X ecial Cand~tions X X .ante of Sp Call X X X ecisionl'ip-paY X !e Rate RequestlD X X Ward X dvertisemen~Gontract A 7 X X X A X X _..~ ~rt10n _ ., Y X X X X X X ect-ons " ' ' I & Final lnsP al Administration TRACT ENOINO GATE & Glose-out cON START pp,TE cONTRAOT May 7, 2003 May 8, 200'l X X X Pagel°f~ EXHIBIT D -- THE APPLICABLE LAWS AND REGULATIONS :ontractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB ~ircular and federal regulations specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R. Part 205); and with all other federal, state, and local laws and regulations applicable to he activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specified in Section I through VI of this Exhibit D. CIVIL RIGHTS Title VI of tfie Civil Rights Act of 1964, (42 U.S.C. Section 2000d et.seq.); 24 C.F.R. Part I, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development -Effectuation of Title VI of the Civil Rights Act of 1964"; Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec 3601 et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); .,-, Sec 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. 11. LABOR STANDARDS The Davis-Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a-5); The Contract Work Hours & Safety Standards Act (40 U.S.C. 327 et.seq.); The Copeland "Anti-Kickback" Act (18 U.S.C. Sec. 874). III. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.1701 u). IV. LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures established by Department thereunder. ,.- Page 1 of 3 ~. ENVIRONMENTAL LAW AND AUTHORITIES :nvi~mental Review Procedures for Recipients assuming HUD Environmental Responsibilities, 24 CFR 'art as amended. n accordance with the provisions of law cited in §58.1(b), the responsible entity must assume the environmental responsibilities for projects under programs cited in §58.1(b), and in doing so must comply with he provisions of the National Environmental Policy Act of 1969, as amended and the Council on nvironmental Quality regulations contained in 40 CFR parts 1500 through 1508. This includes responsibility or compliance with the applicable provisions and requirements of the Federal laws and authorities specified n §58.5 [below]. The responsible entity must certify that it has complied with the requirements that would apply to HUD under these laws and authorities and must consider the criteria, standards, policies and -egulations of these laws and authorities. ;a) Historic Properties (1) The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 ef. seq.), particularly sections 106 and 110 (16 U.S.C. 470 and 470h-2), except as provided in §58.17 for Section 17 projects. (2) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 CFR 1971-1975 Comp., p. 559, particularly section 2(c). (3) Federal historic preservation regulations as follows: (i) 36 CFR part 800 with respect to HUD programs other than Urban Development Action Grants --1 (UDAG) and (ii) 36 CFR part 801 with respect to UDAG. (4) The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et. seq.), particularly section 3 (16 U.S.C. 469a-1). (b) Floodplain management and wetland protection (1) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the order (For an explanation of the relationship between the decision-making process in 24 CFR part 55 and this part, see §55.10 of this subtitle A.) (2) Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 CFR, 1977 Comp., p. 121 particularly sections 2 and 5. (c) Coastal Zone Management (1) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et.seq.}, as amended, particularly sections 307(c) and (d) (16 U.S.C. 1456(c) and (d)). (d) Sole source aquifers (1) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et.seq., and 21 U.S.C. 349) as -- amended; particularly section 1424(e)(42 U.S.C. 300h-3(e). (2) Sole Source Aquifers (Environmental Protection Agency-40 CFR part 149.) Page 2 of 3 e) Endangered species ~1 The Endangered Species Act of 1973 (16 U.S.C. 1531 et.seq.) as amended, particularly section 7 (16 U.S.C. 1536) ;f) Wild and scenic rivers (1) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et.seq.) as amended, particularly sections 7(b) and (c) (16 U.S.C. 1278(b) and (c)). ;g) Air quality (1) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended, particularly sections 176(c) and (d) (42 t:1.S.C. 7506(c) and (d)). (2} Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51, and 93). (h) Farmland protection (1) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et.seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202). (2) Farmland Protection Policy (Department of Agriculture-7 CFR part 658). (i) HUD environmental standards ..--. Applicable criteria and standards specified in HUD environmental regulations (24 CFR part 51)(other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3) (2) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979). (j) Environmental justice (1) Executive Order 12898 of February 11, 1994 --- Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR 7629), 3 CFR, 1994 Comp. p. 859. (k) Other requirements See 24 CFR Part 58.6. VI. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), 24 C.F.R. Part 42, and 24 C.F.R. Section 570.60fi. Page 3 of 3 EXHIBIT E CERTIFICATIONS I, Fred Henneke, Countv Judge, Kerr Countv CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY Kerr Countv, THAT; (1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH SUCH FUNDS; (2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. SEC. 2000a et seq.) AND THE FAIR HOUSING ACT (42 U.S.C. SEC 3901 et. seq.), AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING, AS SPECIFIED BY DEPARTMENT; (3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY DEPARTMENT; (4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVE- MENTS ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME, INCLUDING ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH PUBLIC IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF SUCH FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM REVENUE SOURCES OTHER THAN SUCH FUNDS; OR (B) FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A). (5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL OCCUR IN CONNECTION WITH A PROJECT ASSISTED WITH TCDP FUNDS, IT WILL FOLLOW A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED BY THE DEPARTMENT. (6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION. ~~ Name Da Page 1 of 2 CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS THE UNDERSIGNED Kerr County CC.RTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT: (1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IP(CONNECTION W{TH THE AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM - LLL, "DISCLOSURE FORM TO REPORT LOBBYING", 1N ACCORDANCE WITH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT WHICH RELIANCE WAS PLACED WHEN THIS TRANSACTION WAS MADE OR ENTERED INTO. SUBMISSION OF THIS CERTIFICATION IS A PREREQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED BY SECTION 1352, TITLE 31, U.S. CODE. ANY PERSON WHO FAILS TO FILE THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. SIGNED: DATE: ~-~- ~ NAME TITLE (MAYOR/) GE) Page 2 of 2 `~' Texas Department of Housing and Community Affairs (TONGA) Audit Requirements for Fiscal Years Ending on or after 6130!1997 Based upon revisions to OMB Circular A-133 (6130/1997), subredpients expending $300,000 or more in total Federal awards (from TDHCA and other funding sources) during their fiscal year shalt obtain eithec an annual single audit or an annual program specific audit (OME A-133 Subpart B Sec. 200). subredpients may have a program specific audit in accordance with OMB Circular A-133 1f they expended funds for only one Federal program (as listed in the Catalog of Federal Domestic Assistance). If funds were spent for more than one Federal program, a single audit is required. subredpients expending less than 3300,000 in Federal funds are exempt from Federal audit requirements for that year and may not charge any audit costs to Federal awards (OMB A-133 Subpart B Sec. 2301b)(2)). The audited time period is the subredpient's fiscal year, and not THDCA's funding period. OMB Cicculac A-133, issued pursuant to the Single Audit Ad of 1984, P.L 98-502, and the Single Audit Ad Amendments of 1996, P.L 104-156, sets forth standards for obtaining consistency and uniformity among Federal agendes for the audits of States, local governments, and non-profit organizations expending Federal awards. The audit shall be conducted by a Certified Public Accountant (CPA) who is licensed by the Texas State Board of Public Accountancy. The CPA shall meet all of the general standards concerning qualifications, independence, due professional care and quality control as required by Government Auditing Standards, 1994 Revision, Chapter 3, inducting the requirements for continuing professional education and external peer reviews. Auditor selection should adhere to federal and state ,,,., procuremerrt requirements. The independent auditor's report should indude all the relevant items listed on the Single Audit Report Submission Checklist (other side). Additional guidance on the conduct and reporting of these audits is contained in the latest issuance of the following publicafions: • Gov~emment Auditing Standards issued by the Comptroller General of the United States, 1994 • OMB Citcular A-133, revised 6!30/1997 • OMB Circular A-133 Compliance Supplement • AICPA's audit guides for State & Local Governmental Units orNon-for-Profrt Organizations • AICPA's Audit Risk Alerts'State and Local Governmental Developments` • AICPA's Audit Risk Alerts'Not-for-Profd Organizations Industry Developments' If the subredpient is subject to OM6 Circular A-133, the following items should be submitted to TDHCA's Compliance Division within nine (9) months after the end of the audited fiscal year. • Audt Cerfification Form (next page); _ • Sing/e Audit Report Submission, Chest completed and signed by~the independent CPA (other sldeJ• _ .. _ . ..._ _. _. . ~~ -,s. .... • 2 copies of the entire audit report tssued by the CPA; ~ ~ ,. ~ ~~ • 2 copies of any management letter Issued in conjunction with the'audit report; and ~,.~~~~ • 2 copies of management's response `and planned corrective"'adiari ~on ~ all findings, recommendations, and questioned costs contained In the audit report and management letter. If the subredpient did not exceed the 3300,000 threshold, records must still be kept available for review or audit by TDHCA staff (OMB A-133 Subpart B Sec. 200(4)). ~-. If additional information is needed concerning the audit requirements, call (512) 475-2550 in Austin or (800) 643-8204 In Texas only. CMCM/Re:olution Submissioa pkdcrist Revisod 3x261'99 Texas Department of Housing and Community Affairs (TDHCA) -~ Audit CerEification Form ,brecipient: Fiscal Year Ending: Federal/State Expenditure Disclosure We have exceeded the federaVstate expenditure threshold of $300,000. We have or wi(1 contract with (CPA Firm) to complete our Single Audit or Program Speafic Audit. We antiapate completion of the audit by and will submit the audit report within nine (9) months after the end of the audited fiscal year. We did not exceed the $300,000 federatlstate expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. ~Il out schedule below) Must be filled ouf if less than X300.000 of federaUstate Pass-through Program Name ~ Contract Federal Grantor Grantor CFDA Number umber . Total Federal Expenditures for this Fiscal Year r.. ... i r}Y........ -:: v:y• ..: xx wv .. -+++.•i. .. +x '.+ aH. s...'.i::Fi{++x :+} ~ .... ~:i1Fi.M~.: Jv~:~7 Pass-through ~ F Contract . State Grantor Grantor cif any) ProgramName l~i~mber Tote! State Expenditures_for thls Fiscal Year rinted Name Submit thls foam to TDHCA was exnenared: Exaendifures $ . i H ~. . v •Y. v: .n~C.JV:.v: F_zperiditures' - Title year to: ~~+~e, ..... _. .uthorizedSigtature Phoie;.NutYif;.er• Date ATTACHMENT 3-E INSTRUCTIONS FOR COMPLETION OF REQUEST FOR PAYMENT FORM The following information needs to be complete. Xerox conies of this form will not be honored. This form replaces BOTH of the following forms. -~ Request Summary Form (TCDPl0884, 2 pages) ~ Request for Advance or Reimbursement (TCDP Form 270.) PLEASE COMPLETE ALL THE FOLLOWING SECTIONS! FAILURE TO COMPLETE ALL SECTIONS WILL RESULT IN A DELAY IN PAYMENT. Name of Contractor. Type the name of the locality requesting payment This should be the same as Line 1, Section 14; and d, Section 20 of the State of Texas Purchase Voucher. Request #: This should be next in numerical order after the last request Contract Number. This should be the six digit number assigned to the locality's contract. This should be the same as e, Section 20 of the State of Texas Purchase Voucher. (''~ -act Period: This is the total contract period assigned to the contract including any approved contract extensions. Period Covered by This Report: List the beginning and ending date for the period of time in which the costs were incurred. This period of time does not necessarily have to start up after the period of time in your last request. _ These periods may overlap or leave gaps from previous payment requests. ~ This period should fall within the contract period except for any .audit costs that were reserved on the Certificate of Completion. This period should coincide with the service delivery dates in Section 19 of the State of Texas Purchase Voucher. . The next section should be completed using the shaded listing in the middle of the form. This section replaces the two page request summary form. List each TCDP line item number and name in Column A regardless if there is any activity on this request. -- Column B should reflect the current TCDP budget including any amendments and budget modifications. The total of Column B should always equal the total TCDP budget of the contract. Column C should reflect this requests activity by line item. If there is not any activity leave the space blank The total of Column C should equal Box B located below the listing of line items on the Request for Payment form and Section 13 and Section 23 of the State of Texas Purchase Voucher. Column D should reflect the total of all prior requests 6y line item. The total of Column D should equal Brr"' located below the listing of line items. Column E should equal Column B less Column C less Column D for all line items including the totals. The total of column E should also equal the TCDP balance of all line items added together. 3-2s .--. ~x A should equal the total of Column D. aox B should equal the tots! of Column C. Box C should equal Box A plus Box B. Local Match Amount Spent to date should equal any local funds expended to date for this contract Certification: Enter the name and the title of the individual previously authorized to sign the Request for Advance or Reimbursement -Form 270. It must contain an original authorized signature which is different from the original authorized signature used on the State of Texas Purchase Voucher. Please include the date signed and a telephone number, where this individual can be reached. You may note anything you wish to in the Remarks section. Please DO NOT sign in the last section for the TOHCA Accounting Department Approval. 3-27 Contract Number TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOUSING DEMONSTRATION AND HOUSING INFRASTRUCTURE FUND Contract Period: -^ REQUEST FOR PAYMENT From TO me of contractor Period Covered by this Report: quest # From TO Column A Column B Column C Column D Column E Nt1M6ERANQNAMEOFtruDGETEIILINI::ITEMS:::: ... .. SEELIST9EL0 •' :~' .: ::::: :.:.::::.::: tlUl~E'F :.: ::::.:::: 'LN15: ::: . . :' . RE EST: :...: TOTAIFBIO.R' ; RE VESTS :.:.. i'. BAU~NC£ : 9-GD ~TALS ••`•••~s ~ ~ ~-"f~~ -~.:e ~~ ~- ]s able .t .t s:i~ig:t#ie::~all:owirig;t~sf esicter:iri:Caliumit:A:~}ie:iine:item. -:tha:.•.ar•.-.:..•pP.•.•.---.-.•.-.-.-.•.-..•.•.• ......... .............•.-g.-...-...-.•..:. •.-.- ~li~~arm:ta #~e:~tsed•by•#~Qu~ini~ ~emvnsfrativn.:and ~Housinl?•~tnfrastiYu~cti~re Funl~~:contrac~s~.b :, ~: ~~:H05:~`Flood ~and:~i:aina .i )1:~:~Wattzi;fttipiovt:menfs:::::::::-: ::::::::::.:.:.:.::.:.:.:.:.:•:-:~:-:~:•:-:-:-:•:-:-:-: .-.•.g.•.•.mP-.-.•.~.-.•.•.-..... - ........................ - ......... . ...... ...e ..• t7~•:. eT•Connectlons :.:.:.:::.:.:::::::::::::.:.:.:.~.~.:.:.:.~.:.~.~.-.:•:•:-:-:•:•:-:-:•:•:•:-:HQ6:•:•Gas/.Eie,ctnc:S:jrstem:~mpro~• mentS~:~::~:~:~:~:~:~:~:~:~:~::~:~:~:~:~:~:~:=:~:~:~:~::~:~::~:~:=:~:~ '~--'S:~:~:~:~:~:~:~:~:~:::~:~:~:::~:~:::::::~ :::::::::::::::::::::::::::::;::::::: :i~:C••~~•ital~~m•-act:Fees:~:~:=:~::~:~::~:~:~:~:~:~:=:~:~:~:~:~:~:~:~:~:~:~: ~:~:1-i08:~:~CtearancelDeinolition~Acti~itl~e .. 16 :~ ...aP.. - . - ...P ... . ............................................ . ............. . ............. . ...............•.-.•..•.---..-.•....•..... - - . - . - .. - ... . •-•••-v'~ - •~• -~-ts:::~:~:::::::;::::::::::::::::::::::::::::::::::::~:~:~:~:~:~:~:~:~:~:~:HQJ:~:~iAichitecturallE.n la~.erin :F,ees:-::-:•:-:-:~:-:-:•:•:-:-:~:•:•:-:•:-:•:~::-:-:•:-::•:•:•::~::•:.~.-.•.~ ~2:~:~5„>,rer:irripra...emen_ . ... & ... - ... t~ ........................ . ................... . ., :~:.. . S •:S..• ..•. . - .'..~••` is i~ -:~: A :~•' .:.:.:...:.....:• •e•~tioits:~:~:~:~:=:-:~:~:~:~:~:=:~:~:~:~:~:~:~:~:~:~:~:=:~:~:~:~:~:=:~:~:~:~:~:~:~:~:k1~0:~:~f~rchitettitrat«,tl In..etth .. t3a......ervlce:•:•:~:=:~:~:~:~:~:~:~:~:=:~:~:~:~:~:~:~::~:~:~:~:=:~:= .. - ~e~rtet~.~C~att. ~ .........................................................•.•.•.•.-.•.-..... ~ ....... ~ ........ - ......................-...,.-...•.•.....•.-.•.-...-.-.•. ;' • :~: ~: _~:=H- ~ ~:~=aeltc •i ctuta~tffi • iiteeiiq-• :::$- ecial~~ei'i-ite,:::.::~::;:::;>:::::::::;:_:.:_:.>:.:.:.:.:.:< .6.:::5ewc~: ~a~i~al::im:pact:i: ees :::::::::::::::::_:_:;:~::::::_:::::::_:_:::::::;::.-.•.•...•].1..•....• h. to ..... - . - .. g .. - .... g ... p ..................... -:.-.---...-...•.•.•.... - . - . . )q::::5tre~t:rrii : roveni~Rts:::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::;:::::::::H]~~::::GgtiaCat:Adm•.n~st..•.t.•.~.~.•.•.•.•.-.~.-.•.•.•.-.•.•.•.-.•.•.•.•.-.•.•.•-•.•.•.•.•.•.-.~.•..~.-.~.•.•.•.-..-.•.•...•. . ..............p------............-...-.-...... )TAL PRIOR REQUESTS Box A Note: Boz A should a wl total of Column D atwve AOUNT NOW REQUESTED Box B Note: Boz B should ual total M Column C about )TAL Box C~- Nate: Boz C should egwl Boz M Bo: B )CAL MATCH AMOUNT SPENT TO DATE: CERTIFICATION: vrtlly that to the bast of my knowledge and bsRet the a shore are eorred and that all outlays wen made Si`nature of Authorized CertityineOtlicial DATE: accordance with tM terms of the contract and that ~ment Is due and has not been prerlously drawn Typed or printed Nama and TAN Telephoee (Area Code) Number _ EXPENO(TURES RELATED TO THIS CONTRACT MUST BE CONSISTENT W17H THE UNIFORM GRANT AND CONTRACT STANDARDS DEVELOPED UNDER THE DIRECTIVE THE W°~dRM GRANT AND CONTRACT MANAGEMENT ACT Of 1981, TEXAS CIYIL STATUTES, ARTICLE 4413 (32G), MARL Approrsl of TONCA -lkcouetlrK Department Date of TDHCA Accounting Approral ATTACHMENT 3-F fNSTRUCTiONS FOR COMPLETION OF STATE OF TEXAS PURCHASE VOUCHER The following information needs to be complete. Xerox conies of this form will not be honor ~. The numbers on this page coincide with the number typed on the sample form. Only eomplete the sections described in these instructions. All other sections not mentioned here should be left blank. Section 9: Payee Identification Number -List the 14-digit Vendor l.D. number issued by the State Comptrollers Office. This number is extremely important. Failure to insert this number or the entry of an erroneous one will result in the delay of the voucher. If you do not know what your Vendor I.D. number is or the one you have does not consist of 14 digits, please contact the Accounting Department at TDHCA at (512) 475-3920. Please refer to the Community Development Program. Section 13: Total Document Amount -Enter the total amount you are requesting. This amount is also reflected in the total in Column C and Box B of the Request for Payment form. Section 14: Locality's Address -Type the name and address of the locality requesting payment as follows: Line 1: Locality Name -Acronyms cannot be used. The official name of the locality must be spelled out as shown on the articles of incorporation, charter, or contract. Any change from what has been established will lead to confusion and delay in receiving payment. Line 2: Street Address or P.O. Box -Please note this is the address used to mail the warrants and/or notifications. Line 3: Cityt, State and Z'ip Code Section 18: This is the section where the state fiscal year (AY), Comptroller object code (COBJ) and amount requested (Amount) are shown. (a) State fiscal year (AY) -The state fiscal year begins September 1 and ends August 31. AY - Enter 94 for services rendered between 9/1193 and 8131194 AY -Enter 95 for services rendered between 9/1!94 and 8131195 AY - Enter 96 for services rendered between 9h195 and 8131196 AY -Enter 97 forservices rEndered between 9Mf96 and 8131197 NOTE: If the service dates start:.before September. 1 and .end after September 1, the :amount. of the request must~be~prorated. Prvratron~>;s very~important.. Failure to prorate willresuft in a~delay of processing.. Please.note.that if you.are.prorating a request, for example, between two state:fiscai years (AY), you willbe~using two sections of Section.l8 (see Sample: Purchase Voucher): These two sections must equal the total amount~requested in Section 13=and Section 23. 3 29 (b) Enter the Comptroller object code (COBJ) which appropriately reflects the locality's agency classification. 7611 -City 7612 -County 7621 -Council of Government, Regional Planning Commission, Development Council (c) Enter the amount requested which con'esponds with the amount expended during the state fiscal year shown in corresponding AY (a). Section 19: Service or Delivery Dates -List the beginning and ending date for the period of time in which the costs were incun'ed. This period of time does not necessarily have to start up after the period of time in your last request. These periods may overlap or leave gaps from previous payment requests. This period should coincide with the period covered by this report at the top of the Request for Payment Form. Section 20: Description of Goods or Services - (d) Enter the locality name as it appears in Line 1 of Section 14 of this form. (e) Enter the contract number assigned to the locality's contract This should be the same as the contract number on the top of the Request for Payment Form. (f) Local Certification: Enter the name and the title of the individual authorized to sign this form. It must contain an original authorized signature which is different from the original °~ authorized signature used on the Request for Payment Form. Section 23: Enter the total amount requested (see Section 13). Section 24: Locality Contact Name -This is the person who will be contacted concerning problems with the request This person will also be the person who will be contacted for notification of direct deposit This does not have to be someone who has signature authority on the contract Please be sure to include the phone number where the contact person can be reached. 3-30 STATE OF TEXAS 2CHASE VOUCHER P,q. ,~ ....~«...o...ano.t AQaftCy twntor s ~Y nrtr . ttooutut~ i..,o.. ,.- 332 TEXAS DEPT. OF HOUSING ANO COMMUNITY AFFAIRS s. Elr~cstra w 6 Otor eoa~ttr~ ew Otn Mr s. Poc Ap«tclr • Yrt~ttO~On It1+11er tYttY W to bpHl 10. POT t 1 P'GG 12 R~01~Htt7tt ~ttt)r 17 OOOIRMttI rnWt[ 17400152452000 S2,5oo.00 w ttarta , pptt/Y 1 S GSC roar ttu,pr r 7 AGflVCY USE of ABC -SAMPLE- ....~'~` ~. Box 123 :. Texas 12345 ~ nN ] X M ... uta~ AY n ATpftl ~Fx 001 96 7611 7611 S~,oao.oo )01 APPN F,K+a tu~Ctl80 Grra nunww Grrtt ~Qtw Propct nurnr ~tq~a Gonna nuntor lhaol+vo+a oow ~~p Phew ttuntor ~ y Y10{t AY A Mpy~ ;Fx ~ 002 97 7611 761 i s1,fi00.0~ APPN f ta+a tiACUBO cxrtt nnto.t Gtan nrr»• PTgr,a tumor ~*wq conr.a nurror rAr~pavow ooos St#uta Phew n~oa.>, tumor AY ~ ~„~~ .O. wN ~rX M v ~~>' ~Fx 003 ~3 APPN Ftoq gACU60 Gtart tturttor Gtrt TtrttONw Fko~a ttutnr ?rqq GotYtr~a tunwr ΅tppupoa~ OOOa Su?fine Plrw ~ao~ twnor t9. SERAEL DATE 20.OESCRIPTION OF GOOOS OR SERVICES 21. pUIVJTiTY 22. UNfT PRICE 21 ALAOIrN AdvanceJrcimburserrtent of sen~ce to assist bw-+ncome and moderate- 0710i /93 income areas within the Community Devebpmertt Bbcit Grant ti'1rU Program rendered in accordance with an agreement between the 10131 /93 Texas Department of Housing and Community Affairs and -City of ABC as funded through the Department of Housing and Urban Uevebpment (HUD) ConVact No. _7tYl541 a on file ana availatrie for mspeeaon. L.t]CAL CERTIFICATION I OMM/ fHl M ellettl Mt1~a wn nr+er~e x 0~~ neMNC: NIK ~Y oorA~OOro n Mry Per M' tNet eN mrMfa Y1Or Oit1Rl1 MY Hr~ OtOafK etw M tnvotw ~ YU~ ens tetpre: art0 flit ti ae.n wY et..r+w b er f'~rr atetn M ~oo~ernt~ r.wwrr e«we. Joff1 COQ. 1~tlyef N~tr (TfO~ a Pttnt rd StOttl Tina x~ury va name Petorto ,AYw oow rw rvrorl ntereo aY le Smith, City Secretary (123) 456-7890 approve this voucher for payment The at»ve goods or services correspond m every particular with the contract under which they wero )urchF" The invoice for the goods or seances is correct. This payment complies with the General Appropnations Act. sign Phan. IAM mo. ens rK+ro+rf o.r xea hen awA Plan rAM ooo. ane rwrne.n Der 7veo han -- 3-32 Contract Number TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT Contract Period: ~-,. REQUEST FOR PAYMENT From TO Te o! Contractor Period Covered by this Report: . wst M From TO Column A Column B Column C Column D Column E NUMBER AND NAME OF BUDGETED LINE ITEMS THIS 70TAL PRIOR BALANCE SEE LIST BEL BUDGET RE VEST RE VESTS B-C-D JTALS :ing#he following list enter in Column A the line items that are applicable to the contract budget. onomic Development contracts°DO NOT use this form. wabr Fadiwes fewer FacUW~s talid yf.rlirDisposal fadllUes OLIN : UtIltUec StreL awmants flood aIW Oraina~ Fadlities Nelsllborhood FadllUes/Co11TIIR+nity Canners felllor CettbTs "Centers for tM Hantllapped/Sheltend Workshops Par1a; 4laypalnds aRd_Otinr Reenatianal iadliUes flrrTTOfictlon facllifi~saeid EquipRNUIt 11. Parkltq Fadllties iZ Pedestrian Malls and Walkways 13. Spedally Authorized Assistance to Privately Owned Utilities 14. Spedaily Authorized Public Fadllties and Improrements 15. Public Serrias (Limped l015gf, of Request) 16.. Interim Assistanp 17, RshabBitation of Private Properties 17a. RehabllltaUon of Prlrate Properties (Water Service) 17b. Rehabilitation of PrlvaN Properties (Sevwr Servip) 18. Rehab111taUaR of Publle Residential'8trucwns 19. Public Housllq ModemlzaUon or AHordabN New Hauslll` Z0. gearance DeRgUUon AcUrlUes 21. Historic PreserraUon 22. Remora) of Archltectunl8arriers 23. Cods Entorament 24. Acquisition 25. Reloation Payments and Assistance 30. EnSineeHtta/Archltectual Serrias 31. PtannillY and Urhan Environmental Ded`II 32. General AdminlstraUvn ' )TAL PRIOR REQUESTS Box A - --. Note: Box A should enuN total d caham D ahe..e JIOUNT NOW REQUESTED Box B )TAL Box C Note: Box C should eQual Box M Box B KAL MATCH AMOUNT SPENT TO DATE: CERTIFICATION: IsiLnawre of artily that to tfie best of my ktawledYe and belie) the a abore are correct and that all ouUavs were made rccadancs with the terms of the contract and that Typed or pri nllent Is due and has not been previously drawn . E]IrENDITURES RELATED TO THIS CONTRACT MUST BE CONSISTENT WITH THE UNIiORM GRANT ANO CONTRACT LTIYIOAROS DEVELOPED UNDER THE DIRECTIVE Tll[ LRpr'ORM GRANT AND CONTRACT MANAGEMENT ACT OF )eel, TE2A5 dVIL STATlrTES, ARTICLE 4411(320} Approral al TOHI:A • Aawntini Department Date M TDHCA Acoountilq Approral STATE OF TEXAS URP"'1SE VOUCHER Pape tctave n~...noa nunWr 2 . Apervry rantper 4 ~. AQetxy rvsme . ctrl dowmeM ntxrWer 332 TEXAS DEPT. OF HOUSING AND COMMUNITY AFFAIRS s . t_M.cby. date e. order document Bete ~. cue aaM e . Doc Apenry 'ayee idenoR~cation number (Must W 14 dipils) 50. PDT 11. PCC 12. Requisition number 1 ~. DoaanerM amoraM PayN runre ~ addnu 1 5. GSC order rwmWr 7 7. AGENCY USE ease x Intlea AY A BJ Amotnt R sFx 001 001 APPN FurW NACUHO Gnxn rwmber GrarN year/phase Propct rwntber Projers Contract numWr Multipurposs code Sutrftad ~~ nvau et X M kWetc AY A Arrglall R sFX 002 002 APPN fund NACU(30 Grant nuntbet Gnnl year/phew ProjsQ raarwer Project CorltraU raanber Multipurpose code Sub-Fund ~~ scnption X AY A ArtqurH sFx 003 003x'^ APPN Fund NACU80 Grant ntrnber Grarq Y+adphase Project number Project Coroaa rxeMer Multipurpose code SubFund ~~ nrorce 19. SERlDEL DATE ZO. DESCRIPTION OF GOODS OR SERVICES 21. QUANTITY 22. UNR PRICE 23. AMOUNT Advancelreimbutsement of service to assist low-income and moderate- income areas within the Community Development Blodc Grant Program rendered in accordance with an agreement between the Texas Department of dousing and Community Affairs and as funded through the Department of Housing and Urban Development (HUD) Contract No. a on 61e and avaUable for inspection. LOCAL CERTIFICATION 1 cutlrY Must Mw arrow eervkee wen rendered a goods received; Mutt Mrey oorrespord n every P~+r waY with MM corkraet order whidt heY wen Dnct+b: Hurt M» invokes k tote and unpaid; ant Mal the Haim was pnsetMed b tlw State wiUritr Mw eppiubN frNlalions peeiod. Name (type or PdM and Sign) T+~+ 4. Ct name Pha» tAr++ code and nunrberl rater '6. I approve this voucher for payment. The above goods or services correspond in every particular with the contract under which tney were eurdtased. The invoice for the goods or services is correct. This payment complies with the General Appropriations Ad. slyn ~ooroved hen styn lrwrwrwA h..i. tAr+a lade ttnd raatlba4 (Area node and nuslDer)