Planning, Housing, and Community Development Services for Rura! Texas Since 1979 1705 West Koenig Lane Austin, Texas 78756 ~ ~ i ~- Voice (512) 420-0303 Fax (512) 420-0302 dave@grantworks.net To: Pat Tinley, County Judge Date: 8/29/03 From: Dave Tucker Phone: Project: Original Documents for Startup Fax: Contract # 723095 In reference to your letter dated July 17th (copy attached) please see the find originals and one copy of each document for filing at the County. Thanks! Cc: Bill Williams, Commissioner 5, ~~ , Z F~1 ~ /"~ ~;~ °~nty of ~e COUNTS JUDGE PAT TINLET COMM1I ISSIONERS COURT H.A. "BCSTER" BALDWIN, PCT. I ~~~ILLIAM "BILL ~~'ILLIAMS, PCT. Z JONATHAN LETZ, PCT. 3 DA5 E VICHOISON, PCT. ~ THE COUNTY COURT of KERRCOUNTY,TEXAS 700 MAIN Rexevn.Le, Texns 78028 Tel.: (830)792-2211 Fnx:(830)792-2218 E-Mnu.: kerrcocc aktccom July 17, 2003 GrantWorks, Inc. Attn: Eric Hartzell 1705 West Koenig Lane Austin, Texas 78756 Re: Texas Community Development Program Project/Contract 723095: Kerr County Dear Mr. Harzell: Pursuant to your request, I enclose herewith all of the executed originals of the documents furnished to us by yow 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. Yows very truly, Pat Tinley County Judge CLERK ,IANNETT PIEPER COURT COORDINATOR THEA SOVIL APPOINTMENT OF FAIR HOUSINGIEQUAL OPPORTUNITY STANDARDS OFFICER Contract No. 723095 Locality: Kerr County I, Pat Tinley, County Judge, do hereby appoint the following person as the Fair Housing/Equal Opp rtunity Standards Officer for Kerr County: ~+ i -.,,. I Q.,., ~ ~.~,... ~, ~ ~, . 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 s"m4.._"~-~_ ~~ (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 ..__ ... ... a ~ 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) workin days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring 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) working 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. 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 Make 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. 26509 RESOLUTION A RESOLUTION OF KERR COUNTY, TEXAS, AUTHORIZING THE AWARD OF SERVICE PROVIDER 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 1A. That ~9r o..~.~ lnJ sv`~ s . ~ In-c be awarded a contract to provide TCDP project-related administrative services for TCDP Program Year 2001-2003 grant(s); Section 1 That be awarded a contract to provide TCDP project-related planning services for TCDP Program Year 2001-2003 Colonia Planning Fund grant(s); and 8 Section 1 ¢: That ~ -"~ `r"e S ~+- OI,S SO C~ • 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 Grant Administration Services Page 1 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 pertormable 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 pitzengel President Kerr County, Texas ~_ . ..~ ._ BY: " at Tinley ~ •.~ County Judge ATTEST: B "~f` • /;~ TITLE: ~t~~ ~~ ~-~p Contract for Grant Administration 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 Confract for Grant 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. Contract for Grant Administration 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 Granf 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~~~ o ~Q~~oo~~ o ~~~~Q~~ ~~o~ Contract for Grant 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. Environmental Review 1. Prepare environmental assessment. 2. Coordinate environmental clearance procedures with other interested parties. 3. Document consideration of any public comments. 4. Ensure compliance with Executive Order 11988 for projects in the flood plains. 5. 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 Grant Administration 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. Equal Opportunity 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 0 0~ 00 0 ~ o O~~ ~~ ~ ~~~ ~ ~~ ~ ~~~ ~~ Contract for Grant Administration Services Page 9 of 9 APPOINTMENT OF FAIR HOUSING/EQUAL OPPORTUNITY STANDARDS OFFICER Contract No. 723095 Locality: Kerr County I, Pat Tinley, County Judge, do hereby appoint the following person as the Fair Housing/Equal ~rtunity Standards Officer for Kerr County: ~+ ~ -,~.I.Q,.., ~ r.. ;.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: r Pat Tinley County Judge July 14, 2003 (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 performance 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 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. h i 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 occurring 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) working 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. ~ r % 'J 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 Make 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. 1 26509 RESOLUTION ~ RESOLUTION OF KERR COUNTY, TEXAS, AUTHORIZING THE AWARD OF SERVICE l~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 1A. That t~9r a~.'~ W ~ ~ S~ 11n-c be awarded a contract to provide TCDP project-related administrative services for TCDP Program Year 2001-2003 grant(s); Section 1 That be awarded a contract to provide TCDP project-related planning services for TCDP Program Year 2001-2003 Colonia Planning Fund grant(s); and 8 ro v-e S d. Section 1 ¢'. That ~9- f7l.S id 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 unty Clerk CONTRACT FOR GRANT ADMINISTRATION SERVICES THIS AGREEMENT, MADE THIS ~~ DAY OF , 2003, BY AND BETWEEN Kerr County hereinafter referred to as the Client, an 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 Grant Administration Services Page 1 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 Contract for Granf Administration Services Kerr County, Texas BY. at Tinley County Judge ATTEST: g~ _ ~ ~~ TITLE: l C.CSL~.C/(~- ~/Cr'~- Page 3 of 9 CONTRACT FOR GRANT ADMINISTRATION SERVICES PART II -TERMS AND CONDITIONS 1. 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 Grant 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. Contract for Grant Administration 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~~~ ~Q~~°~~~ °o~ Contract for Grant 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. Environmental Review 1. Prepare environmental assessment. 2. Coordinate environmental clearance procedures with other interested parties. 3. Document consideration of any public comments. 4. Ensure compliance with Executive Order 11988 for projects in the flood plains 5. 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 Grant Administration 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. Equal Opportunity 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. 41~0~ ~~~ ~G~~QG~~~OG~~~~~J ~~b~a~~ Contract for Granf Administration Services Page 9 of 9