Order No. 28160 APPROVAL OF THE TEXAS COMMUNITY DEVELOPMENT PROGRAM FOR THE KERRVILLE SOUTH WASTEWATER PROJECT On this the 14th day of July, 2003 upon motion made by Commissioner Williams and seconded by Commissioner Baldwin, the Court approved by a vote 4-0-1 with Nicholson voting Nay to approve the Texas Community Development Program Contract # 723095 for the Kerrville South Wastewater Project, Phase 3. ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: July 14, 2003 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss and take appropriate action on Resolution to appoint designated signators for Texas Community Development Program contract #723095 for continuation of the Kerrville South Wastewater Project, phase 3, covering West Loyal Valley, George Muck and Shannon Dr. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 5 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: 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 is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. S~P~ E ~F ~ w ~ F' ~~ t °~nty of ~° bUN7Y JUDGE PAT TINLEY OMMISSIONERS COURT H.A. °BUSTER° BALDW'IN, PCT. I WILLIAM ~~BILL" ~~~ILLIAMS~ PCT. Z JONATHAN LET7~ PCT. 3 DAVE NICHOLSON, PR. ~ THE COUNTY COURT of KERB COUNTY,TEXAS 700 MAIN }:I;RRVU.I.e, TLxns 78028 TI-1.'(830)792-2211 Fnx:(830)792-2218 E-Mna. kerrcocctlktc.com July 17, 2003 GrantWorks, Inc. Attn: Eric Hartzell 1705 West Koenig Lane Austin, Texas 78756 Re: Texas Community Development Program Project/Contract 723095: Ken County Dear Mr. Harzell: Pursuant to your request, I enclose herewith all of the executed originals of the documents furnished to us by your transmittal of July 2, 2003. Once you have reviewed all of such documents for accuracy and completeness, please return to this office the following: 1. An executed original of each of such documents for filing in the office of the County Clerk of Kerr County, Texas; and 2. A true copy each of such documents in order that the same might be maintained in this office. In connection with this project or any other project involving Kerr County in which you may be involved, I would ask that any communications, requirements or requests be directed to this office and that you furnish to this office a fully executed original and a true copy of each and every document which may be generated in connection with such project(s) in order that they may be filed and maintained in the same manner as specified above. Other copies may be furnished to other Kerr County representatives or officials at your discretion. CLeRIc JANNETT PIEPER COURT COORDINATOR THEA SOVIL Yours very truly, Pat Turley County Judge 1VY~ks Planning, Housing, and Community Development Services for Rural Texas Since 1979 1705 West Koenig Lane Austin, Texas 78756 Voice (512) 420-0303 Fax (512) 420-0302 austinC~grantworks. net Eric Hartzell Robin Sisco Dave Tucker Dain Larsen Betty Collier Elizabeth Nguyen Kelly Mullane Tres Davis Kirk Scanlon Martha Arosemena Bruce Spitzengel, President (Houston) Bryan Grimes, Karen W. Allison (Lubbock) Jerry Carvajal, Webbie Carvajal (Alpine) Martha Drake (Gonzales) Justin Epker (McKinney) To: Pat Tinley, County .Judge DATE: 07/02/03 LOCALITY Kerr County ~.,I ~ ~OUAINiIS(C~~~~ PROJECT: 723095 tJV , ~~ i a u,~- s SUBJECT: Project Start-up Forms for County judge's Signature REMARKS: The enclosed forms must be completed so we can begin implementing your new Community Development Program contract. Once these forms are completed as outlined below, please make copies for your files and then return all of the originals to our office using the enclosed stamped self-addressed envelope. 1. Appointment of Fair Housing/Equal Opportunity Standards Officer -Have the appointed person and the County judge sign in the marked spaces. Often the person appointed is the County judge. 2. Direct Deposit Form - If you have an men account that you have used for previous Community Development or Planning grants (not HOME), please write the account number on this form and return to GrantWorks. If you do not have an open account for this type of grant, you must open anon-interest bearing checking account to pass through the grant funds, as required by the State Comptroller. Please complete this form with the new account number, sign and date as appropriate and return to GrantWorks. 3. Appointment of Labor Standards Officer Form -Please have the County Judge sign and return to us. This will allow us to request wage rates and verify that low bidding contractors are allowed to work on federal projects. 4. Report on Real Property Acquisition Activities -Please have the County judge sign and return to us. If this form needs to be updated because of some property acquisition in the future, we'll send you another form. 5. A draft of a resolution adopting signors for the administration of the grant. This will enable occupiers of these offices to sign for draw-down requests. (If you want to appoint different offices to sign these forms instead of those already listed, please give me a call and we'll revise the form.) Please verify that the signors I listed are appropriate, and place this resolution on your agenda for the council or commissioner's court meeting you have scheduled for July 14th` at 9:00 AM. Someone from GrantWorks will attend this meeting to answer any questions you may have. Please note, this is the ONLY item in this start-up packet that requires court or council action. (continued) 6. Signatories Designation Form -These signatures are related to the above resolution. The resolution appoints the offices that are able to sign, and this form appoints the individuals. The offices on this form must match the offices appointed on the above resolution. Please also complete the necessary bank account information before returning to GrantWorks. 7. Citizen Participation Plan -This form is required by ORCA and needs to be in your grant file. Please sign and return it with the rest of the forms. GrantWorks will make sure we follow these rules throughout the project. 8. Policy of Nondiscrimination -this is another form that ORCA required be in the grant file. Please review the form, and if it seems satisfactory, please sign it and return it to GrantWorks. If you want someone besides the County Judge to hold this office, please fill in any Kerr County employee that you think is appropriate for this role. 9. Contractor Local Opportunity Plan -Like numbers 8 and 9, another required form. Please sign and date and return to us. This will be included in the Construction contract. 10.504 Grievance Procedures - By signing this form, these procedures are adopted. This form appoints the County judge as the 504 Coordinator. If another employee of Kerr County is better suited for the job, or if this form has already been filled out for another grant project, please fill in their office instead. By filling in the office and not the individual, this will allow this document to stay in place if a new individual comes into that office. 11.504 Self Evaluation Review Form - Again, a form required by ORCA that needs to be in your file. Its set up now to appoint the County Judge, but if you would prefer someone else, please delete "County Judge" and fill in their name and office. 12.Administration Contract - In one of the last two rounds of TCDP applications, Kerr County went through the RFP process and selected GrantWorks as the grant administrator for this project. I have enclosed a copy of the appropriate resolution for your reference. Because this was already accomplished, the council or court does not have to take further action in order to execute the administration contract with GrantWorks; the County Judge can just sign the contract. I have enclosed two copies, both executed by GrantWorks. Please have the County Judge sign both copies. Keep one for your files and send the other back to us with the rest of the items in this packet. That's it - if you have any questions about these forms, please call me at 512-420-0303. If you need to change any names, addresses, or titles, a disk with the forms is included with this package, so you can change the forms digitally and reprint them instead of using white out. Either that, or you can call me, and I'll change the forms and a-mail or snail-mail them to you. In order to satisfy the State's requirements, we must have these forms completed and returned to us as soon as possible. Also, please fax or mail a copy of ANY AND ALL correspondence you receive from the State regarding this grant to our office. The State does not always automatically send us copies of important forms that must be kept in your grant files. Thanks! RESOLUTION RESOLUTION OF KERB COUNTY AUTHORIZING DESIGNATED SIGNATORS FOR TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT 723095 WHEREAS, the County has received funding under the 2003 Texas Community Development Program; and WHEREAS, it is necessary to designate signators for contractual documents pertaining to these contracts. NOW, THEREFORE, BE IT RESOLVED BY KERR COUNTY, TEXAS: Section 1. That the Commissioners' Court designates the County Judge, County Commissioner, and County Treasurer as authorized signators for State of Texas Purchase Vouchers for the Texas Community Development Program Contract 723095; and, Section 2. That the Commissioners' Court designates the County Judge, County Commissioner, and County Treasurer as authorized signators for Requests for Advance or Reimbursement for the Texas Community Development Program Contract 723095; and, Section 3. That the Commissioners' Court directs and designates the County Judge as the County's Chief Executive Officer and Authorized Representative to act in all matters in connection with the Texas Community Development Program Contract 723095. PASSED AND APPROVED, this 14 day of July , 2003 APPROVED: County Judge ATTEST: unty Clerk APPOINTMENT OF FAIR HOUSING/EQUAL OPPORTUNITY STANDARDS OFFICER Contract No. 723095 Locality: Kerr Coun I, Pat Tinley, County Judge, do hereby appoint the following person as the Fair Housing/Equal ~rtunity Standards Officer for Kerr County: ~.~ I -,x.1.4,., ~ ~.~ ,.1,, ~~ , The Fair Housing/Equal Opportunity Standards Officer shall be responsible for the oversight and compliance of fair housing and equal opportunity activities to be performed as required by the Texas Community Development Program guidelines. The Fair Housing/Equal Opportunity Standards Officer should be familiar with all civil rights laws and regulations pertaining to the Texas Community Development Program, including those described on page 8-3 of this manual and those listed on Exhibit D of the TCDP contract. Fair Housing/Equal Opportunity Standards Officer: _ (Signature) X Check if also acting as Section 504 Coordinator Appointed by: ~, ~ Pat Tinley County Judge July 14, 2003 (Date) APPOINTMENT OF LABOR STANDARDS OFFICER Contract No 723095 Locality: Kerr County I, Pat Tinley, County Judge, hereby appoint David Tucker as the Labor Standards Officer for the aforementioned contract. The appointed Labor Standards Officer is assigned to oversee the labor portion of the contract and will be responsible for assuring compliance with all requirements under CHAPTER 7 of the Texas Community Development Program Project Implementation Manual. Appointed Labor Standards Officer: David Tucker, GrantWorks, Inc. Address: 1705 West Koenig Lane. City: Austin State: TX Zip: 78756 Telephone Number: (512) 420 - 0303 acknowledge the appointment and duties of Labor Standards Officer. ~ `~,d~' Signature: ~ ~'~~U ~ IICI'' Z Date ~` ~ Appointed by: Pat Tinley Title: County Judge Signature: ~~`--~ Date: July 14, 2003 REPORT ON REAL PROPERTY ACQUISITION ACTIVITIES Locality: Kerr County Contract No. Interim Report Q Final Report ^ 723095 Acquisition Description: NONE Method of Acquisition Date.Acquired ' Number of Parce'Is Dollar Amount Paid Accepted "Just Compensation" Amount N/A Acquired by Negotiation N/A Acquired by Condemnation N/A Exempt from U.R.A. Regulations -- Acquired Voluntarily (not site-specific) N/A Acquired by Donation (waived right to just compensation) N/A Acquired from Another Public Agency N/A Justification for change of acquisition plans between original and this Report (if applicable): N/A Prepared by: Name David Tucker Phone 512-420-0303 Title Grant Administrator Date: Approved by: Signature Name: Pat Tinley Title County Judc Date ~~o~ TEXAS COMMUNITY DEVELOPMENT PROGRAM DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM Locality: Kerr County Contract No: 723095 The financial lending institution listed here will serve as the depository for the Texas Community Development Program contract funds: SECURITY STATE BANK & TRUST (Name of Lending Institution) P.0. BOX 29004 (Address) KERRVILLE, TEXAS 78029 (City, State Zip Code) 110-156-7 (Fund Account Number) The individuals listed below are designated by resolution as authorized signators for contractual documents -- (At least two (2) Signatories Required) Pat Tinley (Name) County Judge (Signature) Barbara Nemec (Name) County Treasurer ~ (Title) _ (Signature) (third officer on resolution) Bill Williams (Name) Coun Commissioner / /,, (Title) (Signature) on (Name) (Title) (Signature) 74-176 (4-98) For Comptroller's use only VENDOR DIRECT DEPOSIT AUTHORIZATION INSTRUCTIONS • Use only BLUE or BLACK ink. • Alterations must be initialed. • Financial institution must complete Section 4. • Section 7 must be completed by the paying state agency. • Check all appropriate box(es). For further instructions, see back of this form. TRANSACTION TYPE z ^ New setup (Sections 2, 3, & 4J ^ Change financial institution (Sections 2, 3, & 4J ^ Cancellation (Sections 2 & 3J ^ Change account number (Sections 2, 3, & 4) w ~ ^ Exemption (Sections 2 8 5J ^ Change account type (Sections 2, 3, & 4) PAYEE IDENTIFICATION N 1. Social Security number or Federal Employers Identification (FEI) 74-6001494 2. Mail Code (if not known, will be completed by Paying State Agency) -- Z 3. Name 4. Business Phone number Kerr County (830) 792-2211 W ~' 6. Street Address 6. City 7. State 8. ZIP Code 700 Main Kerrville TX 78028 AUTHORIZATION FOR SETUP. CHANGES OR CANCELLATION 9. Pursuant to Section 403.016, Texas Government Code. I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments owed to me by the State of Texas and, if necessary, debit entries and adjustments for any amounts deposited electronically in error. The Comptroller shall deposit the M payments in the financial institution and account designated below. I recognize that if I fail to provide complete and accurate information on this authorization ZO form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically. U I consent to and agree to comply with the National Automated Clearing House Association of Rules and Regulations and the Comptroller's rules about N electronic transfers as the exist on the date of m si nature on this form or as subsequent) adapted, amended or repealed. 10. Authorized s' . 11. Printed name 12. Date FINANCIAL INSTITUTION (Must be completed by financial institution renresentative_ ) 13. Financial institution name 14. City 15. State SECURITY STATE BANK & TRUST KERRVILLE TEXAS 16. Routing Transit Number 17. Customer Account Number (Dashes required YES) 18. Type of Account o u~ ' ~~~ - 7 156 110 ~ Checking ^ Savings -- - - - _-_ ----_- _ = --.-- F' V 19. Representative name (please print) 20, Tdle W ~' -LINDA SOMMERVILLE 21. Representative Signature (Optional) 22. Phone number 23. Date ( 830) 895-2000 7-17-03 EXEMPTION: I claim exemption and request Davment by state warrant (check)~ecause: ~ I am unable to establish a qualifying account at a financial institution. ~ j 24. /~wthorized Signature 25. Printed name 26. Date W N CANCELLATION BY AGENCY m 27. Reason 28. Date V W fn PAYING STATE AGENCY 29: Signature 30. Printed name Z O 3t. Agency name 32. Agency Number F U W rn 33. Comments 34. Phone number 35. Date KERR COUNTY CITIZEN PARTICIPATION PLAN TEXAS COMMUNITY DEVELOPMENT PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Office of Rural Community Affairs (ORCA) Complaint System, 10 T.A.C. Sec. 1.11 and 1.13. Citizens can obtain a copy of these procedures at the County Courthouse during regular business hours. Below are the formal complaint procedures to allow for investigation of complaints received about the quality of services provided under the Texas Community Development Program (TCDP) project. (1) A person who has a comment or complaint about the quality of services or activities proposed for funding by the TCDP may submit such comment or complaint in writing to the County Judge. (2) A copy of the comment or complaint shall be transmitted by the County Judge to the entity which is the subject of the comment or complaint and to the County Attorney within five (5) calendar days after the date of the comment or complaint was received. (3) The County Judge shall complete an investigation of the comment or complaint within ten (10) days to the person who made the comment or complaint. Or, the person who made the comment or complaint shall be notified by the County Judge, in writing, within ten days of when the investigation should be completed. (4) If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the TCDP for their further review and comment. TECHNICAL ASSISTANCE When requested, the County shall provide technical assistance to groups that are representative of persons of low and moderate income in developing proposals for the use of TCDP funds. The County, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the County, the following public hearing provisions shall be observed: (1) Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. (2) Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the County must make arrangements for individuals who require auxiliary aids or services if contacted at least two days prior to the hearing. A public hearing held prior to the submission of a TCDP application must be held after 5:00 PM on a weekday or at a convenient time on a Saturday or Sunday. (3) When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter will be present to accommodate the needs of the non-English speaking residents. The County shall comply with the following citizen participation requirements for the preparation and submission of an application to the Texas Community Development Program: (1) At a minimum, the County shall hold at least one (1) public hearing prior to developing the application. (2) The County shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the proposed use of funds for a period of one year or until the project, if funded, is closed out. Such records shall be made available to the public in accordance with Chapter 552, Government Code. (3) The public hearing shall include a discussion with citizens as outlined in the applicable TCDP application manual to include but not limited to the development of housing and community development needs, the amount of funding available, all eligible activities under the Texas Community Development Program, and the use of past TCDP contract funds, if applicable. Citizens, with particular emphasis on persons of low and moderate income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may submit their views and proposals should they be unable to attend the public hearing. The County must comply with the following citizen participation requirements in the event that the County receives funds from the Texas Community Development Program: (1) The County shall hold a public hearing concerning any substantial change, as determined by TCDP, proposed to be made in the use of TCDP funds from one eligible activity to another. (2) Upon completion of the community development program activities, the County shall hold a public hearing and review its program pertormance including the actual use of the TCDP funds. (3) The County shall retain documentation of the hearing notices(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three years after the project is closed out. Such records shall be made available to the public in accordance with Chapter 552, Government Code i Pat Tinley County Judge July 14, 2003 Date Kerr County POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS -COUNTY FORM Kerr County does not discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its federally assisted programs or activities. 1. Program Participation The implementing regulations (24 CFR Part 8) indicates that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives federal financial assistance. 2. Communication The County shall furnish appropriate auxiliary aids where necessary to allow an individual with handicaps an equal opportunity to participate in all Texas Community Development Program (TCDP) activities. The County shall implement procedures that allow individuals with handicaps to obtain information concerning the existence and location of accessible services, activities, and facilities. Such procedures must ensure, to the maximum extent possible, that individuals with handicaps receive the benefits and services of the program or activity receiving TCDP assistance. Examples of auxiliary aids include telecommunication devices for the deaf, audiovisual presentations, interpreters, large letter notices, and posting of notices at a level readable by individuals in wheelchairs. See 24 CFR Sec. 8.6 and 24 CFR Sec. 8.3. 3. Handicapped Accessible Facilities For all new public building construction, or rehabilitation, the County shall submit plans and specifications to the Texas Department of Licensing and Regulation for review. The Texas Department of Licensing and Regulation is responsible for ensuring that all plans and specifications to the Texas Department of Licensing and Regulation for clearance is included in the Special Conditions of all TCDP contracts. 4. Employment Employment practices are subject to Section 504. The County shall not use any practices that unreasonably limit employment opportunities for individuals with handicaps. The County must also reasonably accommodate the known needs of handicapped employees and applicants. 6. Designation of Responsible Employee Pat Tinley ,County Judge 700 Main Kerrville, Texas 78028 has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). 6. Grievance Procedures These are the formal complaint procedures to allow for investigation of complaints received about Section 504 regulations under the Texas Community Development Program (TCDP) project. (4) A person who has a comment or complaint about Section 504 regulations in regards to a program, project, or activity funded by the TCDP may submit such comment or complaint in writing to the County. (5) A copy of the comment or complaint shall be transmitted by the County to the entity that is the subject of the comment or complaint and to the County Attorney within five working days after the date of the comment or complaint was received. (6) An investigation of the comment or complaint shall be completed by the County and the findings, in writing, shall be submitted within ten working days to the person who made the comment or complaint. Or, the person who made the comment or complaint shall be notified by the County, in writing, within ten working days of when the investigation should be completed. 7. Notice The County shall notify all participants, applicants and employees, unions, or professional organizations holding collective bargaining or professional agreements with the County that they do not discriminate on the basis of handicap in violation of 24 CFR Part 8. ~ ~_~ Pat Tinley County Judge July 14, 2003 Date SECTION 3 LOCAL OPPORTUNITY PLAN Kerr County agrees to implement the following specific affirmative action steps to increase the utilization of business concerns located within its boundaries. A. Identify eligible business concerns for TCDP assisted contracts through: the Chamber of Commerce, the Urban League, local advertising media including public signage; project area committees, citizen advisory boards; lists available through the local HUD program official; regional planning agencies, and all other appropriate referral sources. B. Maintain a list of eligible business concerns for utilization in TCDP funded procurements, to insure that all appropriate project area business concerns are notified of pending contractual opportunities, and to make available this list for general city/county procurement needs. C. Require all bidders on contracts to submit a written Local Opportunity Plan including utilization goals and the specific steps planned to accomplish these goals. D. Insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than the project area, are also let on a negotiated basis, whenever feasible, when let in the project area. E. Maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. F. Appoint or recruit an executive official of the local government as Equal Opportunity Officer to coordinate the implementation of this plan. As officer and representative of Kerr County, I the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Pat Tinley County Judge July 14, 2003 Date Section 504 Grievance Procedure Kerr County has adopted an internal grievance procedure providing for prompt an equitable resolution of complaints alleging any action prohibiting by the Office of Revenue Sharing's (ORS) regulations (31 CFR 51.55 (d) (2) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794). Section 504 states, in part that "No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to: Office of the County Judge, 700 Main, Kerrville, TX, 78028 which has been designated to coordinate Section 504 compliance efforts. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. A complaint should be filed within ten (10) working days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occumng before this grievance procedure was in place will be considered on a case-by-case basis). An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the office of the County Judge. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 CFR 51.55 (d) (2), Kerr County needs to process complaints from applicants for employment or from applicants for admission to post secondary educational institutions. A written determination as to the validity of the complaint and description of resolution. if any, shall be issued to the office of the County Judge and a copy forwarded to the complainant no later than ten (10) workin days after its filing The Section 504 coordinator shall maintain the files and records of Kerr County relating to the complaints files. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten working days to Kerr County. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U.S. Department of the Treasury. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. ~~ These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that Kerr County complies with Section 504 and ORS regulations. c Pat Tinley County Judge July 14, 2003 Date SECTION 504 SELF-EVALUATION REVIEW FORM -COUNTY Locality: Kerr County TCDP Contract No. 723095 1. Identify Contractor Personnel Responsible for Section 504 Self-Evaluation Pat Tinley 2. Describe Section 504 Nondiscrimination Notification Procedures The policy shall be included in any bid documents or request for proposal documents for the County's federally funded programs, projects, or activities. 3. List Policies that May Limit Participation of Individuals with Handicaps in Contractor Programs, Projects, and Activities There are no local policies that would limit participation of individuals with handicaps. 4. Identify Public Facilities that Limit Accessibility The restroom facilities at the County Courthouse have some limitations for wheelchair bound individuals. A survey of sidewalks without wheelchair access has been completed. The County has prepared a plan to be in conformance with the American Disabilities Act (ADA) within the time frames of ADA. 5. Describe Contractor In-house Section 504 Information Dissemination and Training for Staff ~- On an annual basis, the County shall disseminate a notification to all supervisory personnel, any consultants, and contractors working on federally funded programs, projects or activities regarding the County's policies on Section 504. 6. Identify Section 504 Contractor Complaint Procedures A person may submit complaint in writing to Pat Tinley. A copy of the complaint shall be transmitted to the subject of the complaint, the County Judge and to the County Attorney. An investigation of the complaint shall be completed and the findings, in writing, shall be submitted to the person who made the complaint. 7. Describe Locality's Efforts to Ensure Compliance by Third Party The policy shall be included in any bid documents or request for proposal documents for the county's federally funded programs, projects, or activities. 8. Describe Contractor's Efforts to Mal~p Documents and Publications Available to Individuals with Handicaps (examples: large print, audio tape, Braille, computer disks, etc.) Upon request, the County shall make a reasonable effort to provide any necessary assistance to make documents and publications available to individuals with handicaps in a form suitable to a particular handicap. 9. List Special Information Dissemination Services (examples: telephone listening devices, interpreters, readers, amanuenses, listening devices, audiovisual presentations, automated electronic devices, assisted listening devices, etc.) The County shall make a reasonable effort to contact local agencies, service organizations, support groups, etc. to obtain special information dissemination services for a particular handicap upon request. 10. Identify Emergency Evacuation Procedures Pat Tinley shall be responsible for completing any emergency evacuations as may be necessary in regards to the Section 504 policies of the County. 11. Describe Participation of Individuals with Handicaps and Other Interested Persons in the Self-Evaluation Process Pat Tinley, County Judge conferred with the County Attorney in the development of the self-evaluation process. w.r'~w nMas~ev,ax. 26509 RESOLUTION A RESOLUTION OF KERR COUNTY, TEXAS, AUTHORIZING THE AWARD OF SERVICE 1=ROVIDER CONTRACTS FOR THE TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) CONTINGENT UPON THE RECEIPT OF A PROGRAM YEAR 2001, 2002, OR 2003 TCDP GRANT. WHEREAS, the TCDP has determined that the request-for-proposals (RFP) process used to select service providers may cause a significant delay in the implementation of TCDP grant contracts; WHEREAS, the TCDP shall award five (5) points to TCDP applicants that complete the RFP process for applications submitted under the Community Development Fund prior to the August 24, 2000, deadline for the Program Years 2001/2002 biennial funding competition; WHEREAS, these five (5) points may be vital in determining whether or not the application is selected for funding; and WHEREAS, the TCDP has determined that the RFP process, including selection of service providers will be valid for Program Years 2001, 2002, and 2003; NOW, THEREFORE, BE IT RESOLVED: Section 1 A. That t~9r a~.'~ tIJ s v~ s , 11r.,.c be awarded a contract to provide TCDP project-related administrative services for TCDP Program Year 2001-2003 grant(s); Section That ~ be awarded a contract to provide TCDP project-related planning services for TCDP Program Year 2001-2003 Colonia Planning Fund grant(s); and g ho v~e S d. Section 1 ¢: That ~ a-S Sd CS ~ be awarded a contract to provide TCDP project-related professional engineering services for TCDP Program Year 2001-2003 Community Development Fund grant(s); and Section 2. That any and all contracts or commitments made with the above-named services providers are fully dependent on the actual award and receipt of a Program Year 2001, 2002, or 2003 TCDP grant(s). PASSED AND APPROVED, this 24~' day of July, 2000. ATTEST: County Judge ounty Clerk CONTRACT FOR GRANT ADMINISTRATION SERVICES THIS AGREEMENT, MADE THIS ~~ DAY OF , 2003, BY AND BETWEEN Kerr County hereinafter referred to as the Client, a G antWorks, Inc., of Sugar Land, Texas, hereinafter referred to as the Consultant. I. SCOPE OF BASIC SERVICES Consultant agrees to render Client the professional grant administration services for Client's Texas Community Development Program -Contract Number 723095, as provided by the Office or Rural Community Affairs, hereinafter referred to as the Department, as provided in the provisions titled, "Scope of Basic Services" and attached hereto and incorporated by reference herein. II. TIME OF PERFORMANCE The time of services of Consultant shall commence no earlier than upon receipt by the Client of an executed contract between the Client and the Department. In any event, all services required and performed hereunder shall be completed within either 730 calendar days or project close-out, as defined by Department, whichever is later. III. COMPENSATION AND METHOD OF PAYMENT For and in consideration of the foregoing, Client agrees to pay Consultant a total fee of $26,000.00 in accordance with the following schedule. All payments will be due upon the submittal of invoices by Consultant. The fee schedule shall be based upon satisfactory completion of identified services, as follows: Line Item Amount 1. Establish files, record keeping system, and accounting system $7,800.00 2. Complete Fair Housing/EEO/Section 504, and LSO appointment $2,600.00 3. Submit Environmental Review to Department $2,600.00 4. 25% of Grant funds Requested and Admin. Activities To Date $5,200.00 5. 50% of Grant funds Requested and Admin. Activities To Date $5,200.00 6. File required Close-out Information $1,300.00 7. Programmatic Closure $1,300.00 IV. ADDITIONAL SERVICES If authorized in writing by Client, the Consultant shall furnish Additional Services of the following types which are not considered normal or customary Basic Services; these will be paid for by the Client at an hourly rate of Seventy-five and no/100 Dollars ($75.00): A. Services resulting from significant changes in general scope of project necessitating the revision of previously accepted reports, documents, and studies or requiring programmatic amendments to Client's contract with the Department. B. Reassessment of the environmental assessment procedures and clearance letter from the Department. C. New and/or additional acquisition activities resulting from unknown needs prior to project initiation, site changes, and/or condemnation proceedings. D. Additional services resulting from new or revised program guidelines or regulations as mandated by the state or federal administering agency during the term of this Contract. E. Additional monitoring visits (other than the normal interim and final) which are conducted by the state or federal administering agencies as necessitated by actions or non-actions other than those of the Consultant. Contract for Granf Administrafion Services Page 7 of 9 F. Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or administrative proceeding involving this project. G. Preparation of financial statements and records normally generated by the Client to satisfy project regulations. H. Additional or extended services made necessary by: 1) a significant amount of defective work of any construction contractor, consulting engineer and/or architect; 2) prime construction contractor utilizing more than three (3) sub-contractors; 3) more than two (2) prime construction contracts; 4) default of any construction contractor, consulting engineer and/or architect. V. CHANGES AND AMENDMENTS The Client may, from time to time, request changes in the scope of services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Client and the Consultant, shall be incorporated in written amendments to this Contract. VI. ASSIGNABILITY The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Client thereto; provided, however, that claims for money by the Consultant from the Client under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the Client. VII. RECORDS AND AUDITS The Consultant shall insure that the Client maintains fiscal records and supporting documentation for all expenditures of funds made under this Contract. Such records must include data on racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. Client shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Contract or the period required by other applicable laws and regulations. VIII. MISCELLANEOUS PROVISIONS A. This Contract shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Travis County, Texas. B. This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors and assigns where permitted by this Agreement. C. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursement in addition to any other relief to which such party may be entitled. E. It is agreed that all information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined in this Contract shall be furnished to the Contract for Grant Administration Services Page 2 of 9 Consultant by the Client and its agencies. No charge will be made to Consultant for such information and the Client and its agencies will cooperate with Consultant in every way possible to facilitate the performance of the work described in this Contract. F. The Client's official contact person with the Consultant shall be the County Judge. IX. TERMS AND CONDITIONS This Agreement is subject to the provisions titled, "Part II Terms and Conditions" and attached hereto and incorporated by reference herein. IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the date indicated above. GrantWorks, Inc. Sugar Land, T BY: Bruce~Spitzengel President Kerr County, Texas BY. at Tinley County Judge ATTEST: TITLE: C Confracf for Grant Adminisfration Services Page 3 of 9 CONTRACT FOR GRANT ADMINISTRATION SERVICES PART II -TERMS AND CONDITIONS PERSONNEL. The Consultant represents it has or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Client. All of the services required hereunder will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. All of the work or services covered by this Contract can be subcontracted without prior written approval of the Client. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 2. REPORTS AND INFORMATION. The Consultant, at such times and in such forms as the Client may require, shall furnish the Client periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 3. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Client. 4. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. 5. INDEMNIFICATION. Consultant shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the Client and its agency members from and against them, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws. 6. COMPLIANCE WITH LOCAL LAWS. The Consultant shall comply with all applicable laws, ordinances and codes of the State of Texas and local governments, and the Consultant shall save the Client harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 7. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the Client shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract shall, at the option of the Client, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the Client for damages sustained by the Client by virtue of any breach of the Contract by the Consultant, and the Client may withhold any payments to the consultant for the purpose of set-off until such time as the exact amount of damages due the Client from the Consultant is determined. 8. TERMINATION OF CONTRACT FOR CONVENIENCE. Either the Client or the Consultant may terminate this Contract at any time by providing at least ten (10) days notice in writing to the other party to this Contract. If the Contract is terminated as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Contract for Granf Administration Services Page 4 of 9 the Consultant under this Contract shall, at the option of the Client, become its property. If this Contract is terminated due to the fault of the Consultant, Paragraph 7 herein relative to termination shall apply. 9. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 10. SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Consultant agrees as follows: A. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Client setting forth the provisions of this non-discrimination clause. B. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. D. The Consultant will include the provisions A. through C. in every subcontract or purchase order unless exempted. 12. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Confract for Granf Adminisfrafion Services Page 5 of 9 C. The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of the regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, it successors and assigns. Failure to fulfill these requirements shall subject the applicant, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 13. INTEREST OF MEMBERS OF CLIENT. No member of the governing body of the Client and no other officer, employee, or agent of the Client who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 14. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the Client and no other public official of Client, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. 15. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 16. SECTION 503 HANDICAPPED (IF $2,500 OR OVER) AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: A. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and for training, including apprenticeship. B. The contractor agrees to comply with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Contract for Grant Administration Services Page 6 of 9 C. In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. A. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. B. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ~~0~~ 0 0~~~~~ ~~~~Q~~~ `~ ~o~~~~~~ Contract for Granf Administration Services Page 7 of 9 CONTRACT FOR GRANT ADMINISTRATION SERVICES PART III -SCOPE OF GRANT ADMINISTRATION SERVICES A. General Administration 1. Provide general advice to the Client and its staff with respect to the implementation of the project and regulatory matters. 2. Furnish necessary forms, policies, and procedures for implementation of the project. 3. Provide technical assistance to Client personnel who will be directly involved in the program for routine tasks, using the Texas Community Development Program (TCDP) -Project Implementation Manual (PIM). 4. Assist Client in developing a record keeping system consistent with program guidelines, including the establishment and maintenance of program files. 5. Serve as liaison for the Client during normal monitoring visits by staff representatives from either the Office of Rural Community Affairs (Department) or the U.S. Department of Housing and Urban Development (HUD). 6. Assist Client in meeting all special condition requirements identified in the Department contract. 7. Prepare and submit to Department Client's required Quarterly Progress Report, Minority Business Enterprise Report, and Recipient Disclosure/Update Report. 8. Assist Client in meeting citizen participation, fair housing, personnel, and flood prevention, and Section 504 requirements as may be required for participation in the TCDP. B. Financial Management 1. Assist Client in proving its ability to manage the grant funds to the state's audit division. 2. Assist Client in establishing and maintaining a Direct Deposit account and/or separate local bank account, journals and ledgers. 3. Assist Client in submitting the Direct Deposit Authorization Form and/or Depository/Authorized Signatory form to Department. 4. Assist Client in preparation of drawdown requests from Department and disbursements of funds within the allotted time period. 5. Assist the Client in establishing procedures to handle the use of any TCDP program income. C 1. 2. 3. 4. 5, Environmental Review Prepare environmental assessment. Coordinate environmental clearance procedures with other interested parties. Document consideration of any public comments. Ensure compliance with Executive Order 11988 for projects in the flood plains. Prepare Request for Release of Funds and Certifications. D. Acquisition 1. Prepare required acquisition report(s). 2. Assist Client in obtaining documentation of ownership for Client owned property and/or rights-of--way. 3. Maintain a separate TCDP file for each parcel of real property acquired. 4. Confirm necessary method(s) for acquiring real property. 5. Coordinate with Client to ensure proper and adequate documentation for reimbursement. 5. Prepare required acquisition reports and submit to Department. E. Construction Management-Force Account 1. Assist Client in determining whether and/or what TCDP contract activities will be carried out in whole or in part via force account labor. 2. Assist Client in determining whether or not it will be necessary to hire temporary employees to specifically carry out TCDP contract activities. 3. Assist Client in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs. 4. Assist Client in documenting compliance with all federal and state requirements related to equal employment opportunity. Contract for Granf Adminisfration Services Page 8 of 9 5. Assist Client in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements. 6. Provide assistance to or act as local labor standards officer for this project. 7. Request wage rate from Department. 8. Review bid packet, contract, and advertisement for bid documents prepared by engineer for compliance with TCDP. 9. Make ten-day call to Department. 10. Verify construction contractor and any subcontractors for eligibility with Department. 11. Submit Notice of Start of Construction to Department. 12. Conduct pre-construction conference and prepare minutes. 13. Review weekly payrolls and conduct compliance follow-ups. 14. Conduct employee interviews. 15. Process and submit change orders to Department prior to execution. 16. Maintain Monthly Employment Utilization Reports. 17. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit to Department. F. EgualOpportunity 1. Assist Client in developing, implementing and documenting new activities to affirmatively further fair housing activities. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. 3. Ensure compliance with Section 3 and Affirmative Action Plan. 4. Meet all Section 504 requirements. G. Relocation 1. Assist Client in designing local relocation guidelines. 2. Assist Client in identifying individuals to be relocated and prepare appropriate notices. 3. Interview relocatees and identify assistance needs. 4. Maintain a relocation record for each individual/family. 5. Provide education/assistance to relocatees. 6. Inventory local available housing resources and maintain a referral list. 7. Issue appropriate notices to relocatees. 8. Ensure that all payments are made in a timely manner. H. Service Line Replacement on Private Property 1. Assist Client in establishing local program guidelines. 2. Prepare proposed guidelines for review by Client and Department. 3. Prepare resolution for Client adopting local program guidelines. I. Audit/Close-out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Monthly Employment Utilization Report, Recipient Disclosure/ Update Report, documentation of fair housing activities and Certificate of Completion. 2. Assist Client in responding to any monitoring findings and resolving any third party claims. 3. Provide auditor with TCDP audit guidelines. ~ ~~~ oa o ~~ as 0 ~ p O~~ ~~ d ~~~ a Q~ 4 ~~ ~~~ Contract for Grant Administration Services Page 9 of 9 )UMTY JUDGE PAr TuvLEY )MMISSIONERS COURT H.A. "BUSTER BALDWUV, PCT. 1 WILLIAM uBiLL~ WILLIAMS, PCT. 2 .IONATHAN LETZ, PCT. 3 DAVE Nlcxolson, Pcr. 4 THE COUNTY COURT of KERRCOUNTY,TEXAS 7OO MAIN KEiRRVILLE, Tl:xns 78028 TeL:(830)792-2211 FAx:(830)792-2218 E-Maa. kertcocc rr ctc.com August 5, 2003 5~~~ E ~~ ~ w OoUnry of ~g~ Steve Swango, Assistant Director Office of Rural Community Affairs Texas Community Development Program P.O. Box 12877 Austin, Texas 78711-2877 Re: TCDP Contract No. 723095 Dear Mr. Swango: Enclosed please find two executed contracts between the Office of Rural Community Affairs and Kerr County. After the Executive Director has signed these two contracts, we ask that one original be returned to Kerr County to be filed of record in our Commissioners' Court records. Thank you for your continued cooperation. Very truly yours, Pat Tinley County Judge ~~~IGC CLERK JAMVETT PIEPER COURT COORDINATOR THEA SOVIL 5~A ~~~ w S Y` OFFICE OF RURAL COMMUNITY AFFAIRS Rick Perry EXECUTIVE COMMITTEE MEMBERS Governor William M. Jeter, III, Chairman Robt. J. "Sam" Tessen, MS David Alders Lydia Range/ Saenz Executive Director Carol Harrell Nicki Harle Wallace Klussmann Patrick Wallace Jim Roberts Michael Waters August 4, 2003 The Honorable Pat Tinley County Judge, Kerr County 700 Main Kerrville, TX 78028 Re: TCDP Contract No. 723095 Dear Judge Tinely: I would like to congratulate your locality on its recent contract award under the Texas Community Development Program. Enclosed are two (2) copies of Contract No. 723095 between Kerr County and the Office of Rural Community Affairs, for your review and signature. Please read the contract carefully, with special attention to the Reporting Requirements, Environmental Clearance Requirements and Special Conditions (Sections 8, 20 and 22) of this contract (as these restrict your allowance to incur project costs and our ability to release contract funds to your local government), as will as Exhibit A, Performance Statement; Exhibit B, Budget; Exhibit C, Project Implementation Schedule; Exhibit D, The Applicable Laws and Regulations, and Exhibit E, Certifications. (You may want to consider having your city/county attorney review the enclosed contract). These Exhibits must be adhered to during the contract period. All fiscal and administrative staff should be familiar with the budget categories and amounts. The program staff should be aware of the Performance Statement, and Project Implementation Schedule. Fiscal and program staff should be familiar with the Applicable Laws and Regulations. Copies of these Exhibits should be distributed to appropriate staff members. Please review, sign and return both copies to this office at your earliest convenience. Also, please sign Exhibit E on page 1 and page 2. These are the local Certifications that are required for local TCDP recipients. If the name of the authorized person signing this contract is different from the name typed, please correct the name appearing in the three places provided in the contract. Erica Leos is your TCDP Representative and will be in contact with you to schedule a visit and/or provide technical assistance, as needed. Should you have any questions or need additional information, please do not hesitate to contact Erica Leos at (512) 936-7875. Sincerely, c C Jr~'ll~~'~n,~ Fo r Steve Swango, Assistant Director Texas Community Development Program SS:mam Enclosures cc: Contract File wlopscon Visit us on the world w¢~ w~(! at wrvw.orca.state.tx.us 1700 N. CONGRESS, SUITE 220, AUSTIN, TEXAS 78701 P.O. BOX 12877, AUSTIN, TEXAS 78711-2877 512-936-6701 Printed on recycled paper OFFICE OF RURAL COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS STATE OF TEXAS ] COUNTY OF TRAVIS ] SECTION 1 PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Office of Rural Community Affairs, an agency of the State of Texas, referred to as the "Office", and Kerr County, referred to as the "Contractor". The parties have severally and collectively agreed and by the execution are bound to the mutual obligations and to the performance and accomplishment of the described tasks. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on June 6, 2003, and shall terminate on June 5, 2005, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE The Contractor shall conduct, in a satisfactory manner as determined by the Office, a community development program, 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.), referred to as the Act. The Contractor shall perform all activities in accordance with the terms of the Performance Statement, referred to as Exhibit A; the Budget, referred to as Exhibit B; the Project Implementation Schedule, referred to as Exhibit C; the Applicable Laws and Regulations, referred to as Exhibit D; the Certifications, referred to as Exhibit E; the assurances, certifications, and all other statements made by the 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. OFFICE OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, the Office shall be liable for actual and reasonable costs incurred by the Contractor during the contract period for performances rendered under this contract by the Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties that the Offrce's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Office's liabilities under this contract. If adequate funds are not available to make payments under this contract, Office shall notify the Contractor in writing within a reasonable time after such fact is determined. Office shall terminate this contract and will not be liable for failure to make payments to the Contractor under this contract. 2. The Office shall not be liable to the Contractor for any costs incurred by the Contractor, or any portion thereof, which has been paid to the Contractor or is subject to payment to the Contractor, P-age 1 of 13 or has been reimbursed to the Contractor or is subject to reimbursement to the Contractor by any source other than the Office or the Gontractor. 3. The Office shall not be liable to the Contractor for any costs incurred by the Contractor which are not allowable costs, as set forth in Section 6 (A) of this contract. 4. The Office shall not be liable to the Contractor for any costs incurred by the Contractor or for any performances rendered by the 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. The Office shall not be liable to the Contractor for any costs incurred by the Contractor in the performance of this contract which have not been billed to the Office by the 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. The Office shall not be liable for costs incurred or performances rendered by the Contractor before commencement of this contract or after termination of this contract, unless the Contractor receives prior written approval from the Office and they are specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this contract. 7. The Office shall not be liable for costs incurred and reserved on the Cert~cate of Expenditures if such costs are not billed to the Office within ninety days after the contract's termination date. An exception will be made for the reserved funds for the final 5% administrative drawdown for programmatic closure. 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 Office within twelve months after the end of the Contractor's fiscal year that follows the termination date of this contract. The Office shall deobligate all reserved funds not requested under this subsection. B. Excess Payments The Contractor shall refund to the Office any sum of money which has been paid to the Contractor by the Office, which the Office determines has resulted in overpayment to the Contractor, or which the Office determines has not been spent by the Contractor strictly in accordance with the terms of this contract. Such refund shalt be made by the Contractor to the Office within thirty {30) working days after such refund is requested by the Office. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by the Office under this contract shall not exceed the sum of Five Hundred Thousand and No/Dollars ($500,000). SECTION 5. METHOD OF PAYMENT A. The Contractor shall submit to the Office at its offices in Travis County, Texas, a properly completed Request for Advance or Reimbursement Standard Form 270, as specified by the Office, as often as actually needed. The Office shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until the Office has reviewed and approved such Request. B. The Contractor's requests for advances rather than reimbursements shall require prior written approval by the Office and be limited to the minimum amounts needed for effective operation of programs under this contract, and shat( be timed as Gosely as possible to be in accord with actual Page 2 of 13 r cash requirements. The Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from the Office to the Contractor and shall ensure that such funds are disbursed as soon as administratively possible. C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agreed by the parties that payments under this contract are contingent upon the Contractor's full and satisfactory performance of its obligations under this contract. D. It is expressly understood and agreed by the parties 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 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, the 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" (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; referred to as "UGCMS.°), in performing this contract. The allowability of costs incurred for performances rendered shall be determined in accordance with Office of Management and Budget (OMB) Circular A-87, as supplemented by UGCMS and this contract. B. The Contractor shall comply with the requirements set forth in 24 C.F.R. 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. The 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 the Contractor shall provide reports of program income to the Office with each form submitted by the Contractor in accordance with Section 5 of this contract, and at the termination of this contract. 2. Program income earned by the Contractor during the period of this contract shall be retained by the Contractor and utilized by the Contractor to fund performances specified in this contract, in the manner specified, prior to requesting additional funds from the Office. 3. At least sixty (60) days prior to the termination of this contract, the Contractor shall submit a plan to the Office for its approval which specifies the manner in which the Contractor proposes to use any unexpended program income earned under this contract to continue the performance specified in this contract in the manner specified. Any program income earned by the Contractor from this contract, prior to the establishment and approval of a Revolving Loan Fund plan by the Contractor must be returned to the Office. In the event the Office does not approve the plan submitted by the Contractor, the Contractor shall return such program income to the Office within thirty (30) working days after receipt of the Office's notification of disapproval. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. The 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, 24 C.F.R. Section 570.490 of the Regulations, and this contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the Page 3 of 13 funds provided under this contract. The 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. B. The 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 the Office, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the Contractor pertaining to this contract. Such rights to access shall continue as long as the records are retained by the Contractor. The 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 Act. C. The Contractor shall include the substance of this Section 7 in all subcontracts SECTION 8. REPORTING REQUIREMENTS A. The Contractor shall submit to the Office such reports on the operation and performance of this contract as may be required by the Office including but not limited to the reports specified in this Section 8. B. The Contractor shall submit to the Office no later than the twentieth (20th) 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,tn narrative form, of al! 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 the Office and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. The Contractor shall submit a Certificate of Expenditures to the Office no later than sixty (60) days after the contract termination date or at the conclusion of afl contract activities as detemlined by the Office. The Certificate of Expenditures shall be in a format prescribed by the Office and shall be accompanied by 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 that if the Contractor fails to submit to the Office in a timely and satisfactory manner any report required by this contract, the Office may, at its sole option and in its sole discretion, withhold any or all payments othenrvise due or requested by the Contractor. If the Office withholds such payments, it shall notify the Contractor in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by the Office until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. SECTION 9. MONITORING The Office reserves the right to pertorm periodic on-site monitoring of the Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of the Contractor's performances under this contract. After each monitoring visit, the Office shall provide the Contractor with a written report of the monitor's findings. If the monitoring reports notes deficiencies in the Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by the Contractor. Failure by the 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. Page 4 of 13 SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties that the Office is contracting with the Contractor as an Independent Contractor, and that the Contractor, as such, agrees to the extent allowed by law to hold the Office harmless and to indemnify the Office from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by the Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, the Contractor may subcontract for performances described in this contract without obtaining the Office's prior written approval. The Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after the Contractor has submitted a Subcontractor Eligibility form, as specified by the Office, for each such proposed subcontract, and the Contractor has obtained the Office's prior written approval, based on the information submitted, of the Contractor's intent to enter into such proposed subcontract. The Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, the Office is in no way liable to the Contractor's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that the Contractor obtain the Office's prior written approval of a subcontractor's eligibility, be construed as relieving the 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 the Contractor. The Office's approval under Section 11 does not constitute adoption, ratification, or acceptance of the Contractor's or subcontractor's performance. The Office maintains the right to insist upon the Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, the Office does not waive any right of action which may exist. or which may subsequently accrue to the Office under this contract. C. The Contractor shall comply with Section 85.36 of the Common Rule, this contract and alt applicable federal, state and local laws, regulations, and ordinances for making procurements under this contract. D. The Contractor shall maintain a retainage in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by the Contractor until the Office determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. The Contractor shall ensure that no employee, officer, or agent of the Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided 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. The Contractor shall comply with Chapter 171, Texas Local Government Code and 24 C.F.R. 570.489(h) of the federal regulations. 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 Page 5 of 13 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. 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 the Contractor or of a subcontractor of the Contractor. D. The Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. The 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. 6. None of the performances rendered by the Contractor under this contract shall involve, and no portion of the funds received by the 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. The Contractor shall comply with the 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. The Contractor assures and guarantees that the Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services the Contractor has obligated itself to perform. B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves as signing and executing this contract on behalf of the Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to validly and legally bind the Contractor to all terms, performances, and provisions set forth. C. The Office shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either the Contractor or the person signing this contract to enter into this contractor to render performances. The Contractor is liable to the Office for any money it has received from the Office for performance of the provisions of this contract, if the Office has suspended or terminated this contract for reasons enumerated in this Section 14. SECTION 15. LITIGATION AND CLAIMS The Contractor shall give the Office immediate notice in writing of 1) any action, •ihcluding any proceeding before an administrative agency, filed against the Contractor arising out the performance of any subcontract; and 2) any claim against the Contractor, the cost and expense of which the Contractor may be entitled to be reimbursed by the Office. Except as otherwise directed by the Office, the Contractor shall furnish immediately to the Office copies of all pertinent papers received by the Contractor with respect to such action or claim. Page 6 of 13 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 in writing and executed by both parties to this contract. B. It is understood and agreed by the parties that performances under this contract must be rendered in accordance with the Act, the Regulations of the Office, assurances and certifications made to the Office by the Contractor, and the assurances and certifications made to the United States 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 that the performances under this contract are amended by the provisions of the TCDP Proiect Implementation Manual and any amendments thereto and may further be amended in the following manner: The Office 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 the Contractor, as if written herein, provided however that the policy directives and any amendments to the TCDP Proiect Implementation Manual shall not alter the terms of this contract so as to release the Office of any obligation specified in Section 4 of this contract to reimburse costs incurred by the Contractor prior to the effective date of the 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, and shall become effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section 16, the 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 the Office'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); 2. The transfer will not change the scope or objective of the projects funded under this contract; and 3. The Contractor submits a budget revision report to the Office, on a form specified by the Office, simultaneously with the submission of the 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 the Contractor fails to comply with any term of this contract, the Office may, upon written notification to the Contractor, suspend this contract in whole or in part and withhold further payments to the Contractor, and prohibit the Contractor from incur-ing additional obligations of funds under this contract. SECTION 18. TERMINATION A. The Office 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 the Office determines that the Contractor has failed to comply with any term of this contract. The Office shall notify the Contractor in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the Page 7 of 13 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 parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, the 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. The Office shall not be liable to the Contractor or to the Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by the Office of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, the Contractor shall not be relieved of any liability to the Office for damages due to the Office by virtue of any breach of this contract by the Contractor. The Office may withhold payments to the Contractor until such time as the exact amount of damages due to the Office from the Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. The 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. (a) Audit Required-Federal Awards. Contractors expending $300,000 or more in Federal financial assistance for any fiscal year ending on or after June 30, 1997, shall have a single audit conducted in accordance with the Office's supplemental audit guide, the Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB Circular No. A-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. (b) Audit Required-State Awards. Contractors that expended $300,000 or more in State Awards for any fiscal year ending on or after June 30, 1997, shall have a single or program specific audit conducted for that year in accordance with provisions of the Texas .Single Audit Circular. For purposes of this Section 19, "State Award" means state financial or cost reimbursement contracts received directly from state awarding agencies or indirectly from pass- through entities under a federal block grant. State award does not mean state financial assistance and state cost-reimbursement contracts received directly or indirectly under~the terms of other federal awards. State awards do not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. State awards also do not include federal awards as defined by OMB Circular A-133. 2. Notwithstanding Section 4(A)(5) and Section 4(A)(6), the 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 the Office under this contract, provided however that the Office shall not make payment for the cost of such audit services until the Office has received a satisfactory audit report, as determined by the Office, from the Contractor, Page 8 of 13 - ~.i 'si'' 3. The Contractor shall submit two (2) copies of the report of such audit to the Office within thirty (30) days after the completion of the audit, but no later than nine (9) months after the end of the audit period. The 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 the Office or its authorized representative. Failure by the Contractor to submit a completed single audit package as described in the audit requirements by the required due date could affect funding for current contracts and eligibility for future funding. 4. Notwithstanding the requirements in paragraphs "A 1 through 3" of this Section 19, the Contractor shall submit within 60 days of its fiscal year end an Audit Certification Form (ACF) or a similar statement. The ACF or statement will include information indicating if the Contractor has or has not met the $300,000 expenditure threshold that will require a Single Audit Report in accordance with the Uniform Grant Management Standards, Subpart C-Post Award Requirements. Failure by the Contractor to submit an ACF or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date could affect funding for current contracts and eligibility for future funding. B. Notwithstanding Subsection A of this Section 19, the Office reserves the right to conduct an annual financial and compliance review of funds received and performances rendered under this contract. The Contractor agrees to permit the Office or its authorized representative to audit the Contractor's records and to obtain any documents, materials, or information necessary to facilitate such review. C. The Contractor understands and agrees that it shall be liable to the Office for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. The Contractor further understands and agrees that reimbursement to the Office of such disallowed costs shall be paid by the Contractor from funds which were not provided or otherwise made available to the Contractor under this contract. D. The Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as the Office may require of the Contractor. E. The 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 the Office 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. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. The Contractor understands and agrees that by the execution of this contract the Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to the Office 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, the Contractor further understands and agrees that the 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; Page 9 of 13 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. The 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. The 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, the 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, the Contractor must then prepare an Environmental Impact Statement in 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. The 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 {NOI/RROF). In the first part of this notice, the 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. The Contractor shall then provide the public with at least fifteen (15) calendar days to comment on this 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, the Contractor must then concurrently submit to the Office the following documents: 1. Transmittal Letter 2. RROF/Certification Form 3. Published RROF 4. Publisher's Affidavit 5. Project Site Description Upon receipt of such documents, the Oftce must allow a fifteen (15) calendar day comment period to expire before it can formally release any project funds which are subject to the environmental review regulations. The Contractor must comply with all other applicable environmental requirements as specified in Exhibit D of this contract. The Contractor shall document its compliance with such other requirements in its environmental review file. SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS A. The 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. The Contractor shall hold a public hearing concerning any activities proposed to be added, deleted, or substantially changed, as determined by the Office, from the activities specified in Exhibit A, Performance Statement, of this contract; C. Prior to the termination of this contract, the Contractor shall hold a public hearing to review its performance under this contract; Page 10 of 1.3 .~:~~~;. D. For each public hearing scheduled and conducted by the Contractor under this section, the 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 the 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. The Office shall accept articles published in such newspapers which satisfy the content and timing requirements of this subsection. In addition, the Contractor shall prominently post such notices in public buildings and distributed to interested community groups. 2. If any substantial changes are being requested concerning 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, the Contractor shall provide an interpreter to accommodate the needs of the non-English speaking residents. E. Notwithstanding the provisions of Section 7 of this contract, the 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. The Contractor shall make such records available to the public in accordance with TEX. GOVT. CODE ANN. Chapter 552. F. Complaint Procedures. The Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall comply with the Office's requirements. The Contractor shall ensure that its citizens are aware of the location and hours at which they may obtain a copy of the written procedures and the address and phone number for submitting complaints. SECTION 22. SPECIAL CONDITIONS A. The Office shall not re{ease any funds for any costs incurred by the Contractor under this contract until the Office has received a copy of the Contractor's previous fiscal year audit report or certification from the 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. The Office shah specify the content and form of such certification. B. The Office shall not be liable to the Contractor for any costs incurred by the Contractor under this contract until the Office receives a properly completed Depository/Authorized Signators Form, as specified by the Office, from the Contractor. C. The Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assisted with funds provided under this contract until the Contractor has received the applicable prevailing wage rates from the Office. 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 specified in Section 20 or listed under Section 22 funded under this contract have begun by such date. Page 11 of 13 E. The Contractor shall provide a report to the Office one year after the contract termination date which indicates the additional benefits (mentioned in the city's application on page 3 of the Project Summary), to the city/county government that resulted from the CDBG investment. F. Public buildings, facilities, centers, constructed with Office of Rural Community Affairs (ORCA) Community Development Block Grant (CDBG) assistance shall have permanent signage placed in a prominent visible public area with the wording provided below. The formatting of such signage will be at local discretion to best fit the architectural design of the facility constructed but should be legible from at least three feet distance. Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, etc. utilizing ORCA CDBG funding shall have temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality as directed by the owner. Project Sign Wording: "This project is funded by the Office of Rural Community Affairs of the State of Texas, to strengthen and enhance the quality of life in smaller and rural communities with funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." G. Prior to the Office's release of funds for the construction of the sewer system improvements described in Exhibit A, Performance Statement, of this contract, the Contractor shall provide certification to the Office 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 Commission on Environmental Quality review requirements described in Title 30 of the Texas Administrative Code, Chapter 317 (30 TAC 317.1 et. seq.). SECTION 23. DEBARMENT By signing this contract, the 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.. The Contractor shall receive the certification provided by the Office 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 the 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 the Contractor, the State of Texas, or the government of the United States. Page 12 of 13 SECTION 25. ORAL AND WRITTEN AGREEMENTS A. 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. B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by the Contractor in accordance with Section 3 of this contract: 1. Exhibit A, Performance Statement, 1 Page 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 June 6, 2003. Rat-~finley, County Judge Kerr County Approved and accepted on behalf of the Office of Rural Community Affairs. Root. J. "Sam" Tessen, MS, Executive Director Office of Rural Community Affairs This contract is not effective unless signed by the Executive Director of the Office of Rural Community Affairs or by the Executive Director's authorized designee. Page 13 of 13 EXHIBIT A PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2003 Colonia Construction Fund application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first-time sewer service for eighty-eight (88) residents in the western Loyal. Valley area of Kerrville South. Contractor shall install approximately five thousand. nine hundred. linear feet (5,900 I.f.) of eight-inch (8") and six-inch (6") sewer line with trench safety, nine (9) manholes, eighty-seven. (87) four-inch (4") service laterals to property line, relocate water lines to meet state requirements. and cut and replace asphalt. These activities shall benefit two hundred sixty-eight (268) persons, of which two hundred fifty-one (251) yr ninety-four percent (94%) are of low to moderate income. Rehabilitation of Private Properties (Sewer Service). Contractor shall provide first-time public sewer service to sixty-four (64) households, of which sixty- four (64) are of low-to-moderate income. Construction shall. consist of the installation of sixty-four (64) new residential service connections with yardlines in the Loyal Valley neighborhood including the mitigation. of existing septic systems for the low-to-moderate income households. TCDP funds may not be utilized to pay for the cost of sewer connections on properties occupied by households. that do not qualify as low-to- moderate income households.. These activities. shall. benefit two hundred. fifty-one (251) persons,. of which. two hundred. fifty-one (251) or one hundred percent (100%) are of low to moderate income. Engineering. Contractor shall ensure that the amount of the Office funds expended. for alt 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 the Office 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 1 of 1 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. Neighbofiood Facilities/ Community Centers 7. Senior Centers 8. Centers for the Handicapped/ Sheltered Workshops 9. Parks, Playgrounds, and Other Recreational Facilities 10. Fire Protection Facilities and Equipment 11. Parking Facilities 12. Pedestrian Malls and Walkways 13. Specialty Authorized Assistance to Privately Owned Utilities 14. Specially Authorized Public Facilities and Improvements 15. Public Services (LIMITED TO 15% OF REQUEST) 16. Interim Assistance EXHIBIT B BUDGET Kerr County CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $362,000 $ -0- $362,000 $ $ $ $ $ $ $~ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 1 of 2 LINE CATEGORIES 17. Rehabilitation of Private Properties (Housing) 17a. Rehabilitation of Private Properties (V1/ater 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 ('Upper Guadalupe River Authorify, Cash} CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $ $ $ $112,000 $ -0- $112,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -0- $ 70,000' $ 70,000 $ $ $ $ 26,000 $ -0- $ 26,000 $500,000 $ 70,000 $570,000 Page 2 of 2 EXHIBIT C ON SCNE~ULE PROJECT IMPLEMENT pTl -Cerr County 17 18 19 20 21 1~ 15 16 _ ti a a 10 11 12 13 Sewer of Professional Services Review is & gpeciftcations ;aranCe of Special Gond~tions e uestlDeCisionl14-DaY Call age Rate R Q ward .id Advertlsemen~Contract A ~ Final InsPectians 31 Administration X X X X & Close-out DATE CDN~ ENDING CT START DATE 2pQ5 CONTRA June 5, June 6, 2003 23 xl X EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS The Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB Circular 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 the activities and performances rendered by the 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 the 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 the 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.); Section 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, the Contractor understands and agrees that the activities funded 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. 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 the Office thereunder. Page 1 of 3 /. ENVIRONMENTAL LAW AND AUTHORITIES nvironmental Review Procedures for Recipients assuming HUD Environmental Responsibilities, 24 CFR 'art 58, 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 regulations 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 (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) ef.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 uaii (1) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended, particularly sections 176(c) and (d) (42 U.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 ef.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 {1) 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. V(. ACQU(SITiON/RELOCATION The Uniform Relocation Assistance and Rea! 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 570.606. Page 3 of 3 EXHIBIT E CERTIFICATIONS I, Pat Tinley. County Judge, Kerr County CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY Kerr County, 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 THE OFFICE; (3) IT WILL PROVIDE .FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY THE OFFICE; (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, THE 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 OFFICE. (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 lS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION. ame Date Page 1 of 2 CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS THE UNDERSIGNED Kerr County CERTIFIES, 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 IN CONNECTION WITH 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", IN 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: TITLE (MAY R/ UDGE) Page 2 of 2