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R-80-275 - 1/24/1980with the Texas Department of Community Affairs for a HUD "701" Planning Sub - Grant, and WHEREAS, said application has been approved, and WHEREAS, the Texas Department of Community Affairs has submitted a contract establishing the terms of the grant and the City's obligations thereunder, and WHEREAS, the Council of the City of Round Rock wishes to enter into the contract with the Texas Department of Commu- nity Affairs, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with the Texas Department of Community Affairs, a copy of such contract being attached hereto and incorporated herein for all pur- poses. RESOLVED this A ti day of ,jiAur , 1980. �j` �� /L�.4.� LARRY L. ' ONN, ayor City of Round Rock, Texas ATTEST: k WHEREAS, the City has previously made an application LAND, i y Secretary RESOLUTION NO. ��R STATE OF TEXAS COUNTY OF TRAVIS § SECTION I. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department," and the City of Round Rock, Texas , hereinafter referred to as "Contractor." The Parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performances and accomplishment of the tasks hereinafter described. .SECTION II. CONTRACTOR PERFORMANCE The Contractor shall render the performances specified by and in accordance with Attachment I, Work Program, which is attached hereto and hereby made a part of this contract. The Contractor shall render all performances specified hereunder in accordance with the terms of this contract. SECTION III. CONTRACT PERIOD The period for performance of this contract shall commence January 1, 1980 , and shall terminate June 30, 1980 SECTION IV. DEPARTMENT OBLIGATIONS A. Limit of Liability B. Measure of Liability TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR COMPREHENSIVE PLANNING ASSISTANCE WITH Round Rock, Texas CPA- TX -06 -16 -2039 Notwithstanding any other provision of this contract, the total of all payments, liabilities, and other obligations made or incurred by the Department hereunder shall not exceed the sum of Nine thousand eight hundred dollars ($ 9,800.00 ). In consideration of full and satisfactory performance hereunder, the Department shall be liable to the Contractor in an amount equal to the actual costs incurred by the Contractor for perfor- mances rendered hereunder subject to the provisions and limita- Page 1 of 16 pages tions of this Section enumerated below and the amount of maximum TDCA financial responsibility specified in Attachment II, Budget. 1. Department's liabilities shall be subject to and measured in accordance with the provisions of Attachment II, Budget, which is attached hereto and hereby made a part of this contract. Department's liability for the satisfactory completion of each Work Program Item specified in Attachment I, Work Program, shall not exceed each respective amount specified in Attachment II, Budget, for such Work Program Items. 2. The Department shall not be liable to the Contractor for expenditures made in violation of Title 24, Code of Federal Regulations, (C.F.R.), Part 600, Comprehensive Planning Assistance, or any other regulations promulgated pursuant to the Housing and Community Development Act of 1974, 42 U.S.C. 5301, et seq. In addition, the Department shall not be liable to the Contractor for expenditures made in violation of HUD Handbook 6042.1 REV. 3. Notwithstanding the provisions of subsection A, above, it is expressly understood and agreed by the Parties hereto that Department's obligations hereunder are contingent upon actual receipt of adequate funds from the United States Department of Housing and Urban Development (HUD) to meet its obligations hereunder. Department will notify Con- tractor in writing if it has not received adequate funds from HUD to make payments to the Contractor under this contract. Under these aforementioned circumstances, Depart- ment will not be legally liable to the Contractor for Depart- ment's failure to make payments to the Contractor under this Contract. The Contractor fully understands and agrees to this provision. 4. Department shall not be liable for any costs incurred or performances rendered by Contractor in the performance of this contract which have not been billed to Department within ninety (90) days following the termination of this contract. 5. Department shall not be liable to Contractor for costs incurred or performances rendered by Contractor before the commencement of this contract or after the termination of this contract. 6. Department shall not be liable to Contractor for any cost incurred or performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including, but not limited to, terms governing Contractor's promised performance and all written amendments hereto signed and agreed to by both Department and Contractor. Page 2 of 16 pages 7. Department shall not be liable to Contractor for any cost incurred by Contractor, or portion thereof which: (a) has been paid to Contractor or is subject to payment to Contractor, or (b) has been reimbursed to Contractor or is subject to reimbursement to Contractor, by any source other than Department or Contractor. S. Department shall not be liable to Contractor for any costs which are not allowable costs to entities receiving funds directly from the federal government pursuant to the terms of a grant or contract from or with the federal government as such allowable costs are determined in accordance with OMB Circular No. A -102, Revised, 42 Fed. Reg. 176,45828- 45891 (1977), and FMC 74 -4. 9. Department shall not be liable to Contractor for expendi- tures for the purchase of capital equipment under this contract. C. Method of Payment 1. In the submission of reports documenting the completion of the work activities specified in Attachment I, Work Program, Contractor shall submit with such reports a request for payment reflecting the total actual costs incurred by the Contractor for performances rendered by the Contractor in the completion of such activities. The costs reflected in this request for payment shall include both Contractor's match (as set forth in Attachment II, Budget) and the amount of such costs for which Contractor seeks payment from Department. Upon receipt of and approval of each request for payment, the Department shall pay, subject to the limitations cited below, to Contractor an amount equal to Department's liabilities as measured by Subsection B of this Section IV which have not been previously billed to and subsequently paid by Department. 2. Notwithstanding the provisions of Paragraph 1 of this Sub- section C, it is expressly understood and agreed by the Parties hereto that payments under this contract are condi- tioned upon Contractor's full and satisfactory performance of its obligations under this contract. 3. In addition to the limitation on payments imposed pursuant to Paragraph 2 of this Subsection C, it is expressly under- stood and agreed by the Parties hereto that if the Con- tractor fails to submit to Department in a timely and satis- factory manner any report required by this contract or any other contract the Department has with Contractor, the Department may, at its sole option and in its sole discre- Page 3 of 16 pages tion, withhold any or all payments otherwise due and owing Contractor hereunder. If Department withholds such pay- ments, it shall notify the Contractor in writing of its decision and the reasons therefor. Payments withheld pur- suant to this Paragraph may be held by the Department until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. 4. In addition to the limitations on payment imposed pursuant to Paragraphs 2 and 3 of this Subsection C, it is expressly understood and agreed by the Parties hereto that Department may, at its sole option and in its sole discretion, withhold from payments to Contractor any amount not exceeding fifteen percent (15%) of each claim by Contractor for reimbursement hereunder which Department would otherwise be obligated to pay to Contractor but for its option to withhold such amounts. Payments withheld pursuant to this Paragraph may be held by Department until such time as all liabilities under this contract or any other contract between Department and Contractor terminating prior to or concurrently with the termination of this contract have been finally determined by the mutual agreement of Department and Contractor or through adiministrative or judicial determination. Within a reason- able time following such determination, Department shall pay to Contractor the amount of Department's remaining liability finally determined. 5. It is further expressly understood and agreed by the Parties hereto that Contractor's performance upon which final pay- ment is conditioned shall include, but not be limited to the following: (a) Contractor's complete and satisfactory performance of its obligations for which final payment is sought; (b) timely submission to the Department of the final close- out or expenditure report required under this contract; and (c) timely submission of the records required under Section XX, Audit, of this contract. Prior to Contractor's performance of the above-listed obli- gations, the Department may, at its sole option and in its sole discretion, withhold the final payment, in whole or in part, until such time as Department has determined from such final report and/or audit the final amount owing under this contract. Within a reasonable time following the determina- tion by the Department of the final amount owing under this contract, the Department shall pay to Contractor the amount determined by Department to be the final amount owing under this contract. Page 4 of 16 pages 6. Notwithstanding any other provision of this contract, it is expressly understood and agreed by the Parties hereto that the Department may, at its sole option and its sole discre- tion, offset any amounts withheld or otherwise owing to the Contractor hereunder against any amount owing but unpaid by Contractor to Department arising from this or any other contract between Department and Contractor. 7. It is expressly understood and agreed by the Parties hereto that any right or remedy provided for in this Subsection C or in any other provision of this contract shall not pre- clude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. D. Excess Payments Contractor shall refund to Department any sum of money which has been paid by Department which Department determines (1) has resulted in overpayment to Contractor or (2) has not been spent strictly in accordance with the terms of this contract within ten (10) working days after the refund is requested by Department. SECTION V. REPORTING REQUIREMENTS A. Department at its election reserves the right to have Contractor submit status reports as required. The status report shall fully and completely disclose all performances rendered by Contractor under the terms hereof for the period of time specified in Depart- ment's request. B. Contractor shall submit a final report which evaluates and reviews the ongoing comprehensive planning activities of the Contractor no later than thirty (30) days after the end of the contract period. C. The Contractor shall submit such other reports on the operation and performance of this Contractor as may be required by the Department. The Department may use any reports submitted by the Contractor to measure accomplishments in achieving objectives stated in this contract. SECTION VI. FINANCIAL MANAGEMENT The Contractor agrees to maintain financial records which will provide accurate, current, separate, and complete disclosure of the status of the funds received from the Department under this contract or expended as Contractor's match. Such records shall be adequate to identify (a) the funds made available for each work activity, (b) the expenditures made out of the funds as they are separately grouped, and (c) the resulting balances Page 5 of 16 pages of funds as they are separately grouped. Such records must be maintained so as to facilitate the tracing of funds to source documentation of the unit transaction. Nothing in this Section shall be construed so as to relieve the Contractor of fiscal accountability and reponsibility under any other provision of this contract. SECTION VII. MAINTENANCE OF RECORDS The Contractor agrees to maintain all books, records, documents, reports, and accounting procedures pertaining to the operation of programs and expenditures of funds under this contract for three (3) years from the date of final payment under this contract or for four (4) years from the termination of this contract, whichever period expires first. Records shall be retained beyond this period if any audit findings have not been resolved. In this event, the records shall be retained by the Contractor for a period of three (3) years from the time when the audit findings are resolved. The Contractor shall keep these records, documents, and reports in good and accessible condition. SECTION VIII. DEPARTMENT MONITORING The Contractor shall give the Department, the Comptroller General of the United States, or the United States Department of Housing and Urban Development (HUD), through their authorized representatives, access to and the right to examine any or all pertinent records, files, books, documents, full papers, or other written materials relating to this contract and maintained by the Contractor or any person or other entity with whom any portion of the performance hereunder has been subcontracted. The Contrac- tor shall give the Department and the Comptroller General and HUD the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder the premises in which it is being performed. The Contractor shall give the access and right to examine provided under this Section for three (3) years from the date of the final payment under this contract. SECTION IX. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both Parties hereto that the Department is contracting with the Contractor as an Independent Contractor and that the Contractor, as such, agrees to hold the Department harmless and to indemnify it from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by the Contractor under this contract. SECTION X. SUBCONTRACTS A. The Contractor may subcontract for the performances described in this contract only after the Contractor has submitted to the Department for its prior review an unexecuted copy of each pro- posed subcontract, and the Department has given Contractor prior written approval, on the basis of the information submitted, of Contractor's intent to enter such proposed subcontract. Such Page 6 of 16 pages approval by Department must be in writing and must be obtained by Contractor prior to the execution of such subcontract(s). Con- tractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to subcontractors. B. In no event shall any provision of this Section, specifically including the requirement that Contractor obtain the prior approval of Department on Contractor's subcontracts, be construed as relieving Contractor of the responsibility for insuring that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the performances rendered were rendered by Contractor hereunder. C. The Contractor agrees that it will not execute any subcontract for performances hereunder pursuant to which the funds and resources provided the subcontractor under the terms of the subcontraFt would be substituted for funds and resources from other sources or would in any way serve to reduce the resources, services, or the benefits which would have been available to, or provided through, the Contractor or subcontractor had such sub- contract not been executed. D. The Contractor agrees that in all subcontracts it executes for performances hereunder the contractual relationship shall be governed by the principles stated in the "Conflict of Interest" and "Nepotism" provisions herein and that all subcontracts shall contractually bind Contractor and its subcontractors to abide by such principles. E. Departmental approval under this Section does not constitute adoption, ratification, or acceptance of Contractor's or subcon- tractor's performance under this contract. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under this Section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. F. Contractor will ensure that its subcontractors, if any, do not contract for any performance or partial performance of any activity or service provided or to be provided through this contract which: 1. has been paid to subcontractor or is subject to payment to subcontractor; or 2. has been reimbursed to subcontractor or is subject to reim- bursement to subcontractor, by any source other than Contractor or subcontractor. Page 7 of 16 pages SECTION XI. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, ordinances, codes, and regulations of the state, local, and federal governments. SECTION XII. MAINTENANCE OF EFFORT The Contractor agrees that the funds and resources provided the Con- tractor under the terms of this contract will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, the Contractor had this contract not been executed. SECTION XIII. CONFLICT OF INTEREST A. The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further coven- ants that in the performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish and enforce safeguards to prevent members of its governing body or its staff members, subcontrac- tors, or employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with which they have family, business, or other ties. C. No officer, member, or employee of Department or Contractor and no member of their governing bodies, and no other public official of the governing body of the State or locality or localities in which the contract is being carried out who exercises any func- tions or responsibilities in the review or approval of the under- taking or carrying out of this contract shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. SECTION XIV. NEPOTISM A. Neither the contractor nor any of its subcontractors shall hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. For the purposes of this Section, the term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother -in -law, sister, sister -in- Page 8 of 16 pages law, son -in -law, daughter -in -law, mother -in -law, father -in- law, aunt, uncle, niece, nephew, stepparent, stepchild, grandfather, grandmother, grandson, and granddaughter. 2. For the purposes of this Section, the term "administrative capacity" includes those persons who have overall adminis- trative responsibility for the activities and performances funded under this contract, including all elected and appointed officials who have any responsibility for the obtaining of and /or approval of this contract, as well as other officials who have influence or control over the administration of the activities or performance funded under this contract, such as the project director, deputy direc- tor, or any persons having selection, hiring, placement, or supervisory responsibilities for the activities and perfor- mances funded under this contract. 3. For the purpose of this Section, the term "staff position" means any employment or position funded under this contract. B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract to confer any monetary or other benefit arising directly or indirectly from this contract upon any member of the immediate family of persons employed in an administrative capacity for the Contractor or any of its subcontractors. C. The Contractor assures that it shall in no way exercise its authority in the performance of this contract in a manner that would violate the state law relating to nepotism (Article 5996a, Tex. Rev. Civ. Stat. Ann.). SECTION XV. POLITICAL ACTIVITY None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for, any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat, or final content of legislation. SECTION XVI. SECTARIAN ACTIVITY None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall'be used for, any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. SECTION XVII. LEGAL AUTIHORITY A. The Contractor assures and guarantees that it possesses the legal authority, pursuant to currently valid and effective articles of incorporation, state law, charter, bylaws, and /or action taken by Page 9 of 16 pages Contractor's governing board or body giving the Contractor legal authority, to enter into this contract, receive the funds autho- rized by this contract and to perform the services the Contractor has obligated itself to perform. B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves as signing and executing this contract on behalf of the Contractor, do hereby warrant and guarantee that he or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and validly and legally to bind the Contractor to all the terms, performances, and provisions herein set forth. C. The Department shall have the right, at its option, either to suspend temporarily or terminate permanently this contract, if there is a dispute as to the legal authority of either the Con- tractor or the person signing the contract to enter into this contract. The Contractor is liable to the Department for any money it has received from the Department for performance of the provisions of this contract, if the Department has suspended or terminated this contract for the reasons enumerated in this Section. SECTION XVIII. AMENDMENTS AND CHANGES Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this contract. SECTION XIX. ORDER OF PRECEDENCE In the event there are conflicts among the provisions of this con- tract, the conflicts shall be resolved by giving precedence to the Sections appearing on the first 16 pages of this contract and all amendments there- to, over the attachments to this contract and the amendments thereto. SECTION XX. AUDIT Contractor shall furnish Department with an audit report prepared by the local government audit staff, a certified public accountant, or an audit firm covering all funds awarded under this contract for the contract period. An audit performed as a part of the Contractor's regular program audit will be accepted by the Department provided that the Department is furnished with audit reports which cover the above specified period oftime and which contain separate schedules reflecting the receipt and expenditure by the Contractor of funds awarded under this contract. Such audit shall be made in accordance with HUD Handbook IG, 6042.2, Audit Guide for Comprehensive Planning Assistance Program, August 1973. This audit report shall be submitted to Department not later than twelve (12) months from the termination date of this contract. SECTION XXI. TERMINATION A. Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of termination. Should neither party exercise Page 10 of 16 pages its right to terminate, this contract shall terminate in accor- dance with Sections III, IV, or XVII, whichever first results in termination. B. Upon termination or receipt of notice to terminate, whichever occurs first, the Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to incur costs hereunder. C. In no event shall the Department be liable to the Contractor or the Contractor's creditors for expenses incurred after the termi- nation date. D. Upon termination of this contract, the Contractor shall return to the Department within thirty (30) days and in the manner pre- scribed by the Department that amount of money, if any, received by Contractor from Department hereunder in excess of the aggre- gate of Departmental liabilities hereunder as computed in accor- dance with Section IV(A). SECTION XXII. NON - DISCRIMINATION AND EQUAL OPPORTUNITY The Contractor agrees that it shall comply with the following Equal Employment Opportunity (EEO) Requirements: A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that partici- pants are treated during employment without regard to their race, religion, color, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The Contractor agrees to post, in conspicuous places available to participants and applicants for employment, notices setting forth the requirements of these non - discrimination provisions. B. The Contractor shall state in all solicitations or advertisements for participants and employees placed by or on behalf of the Contractor that all qualified applicants will receive considera- tion for employment without regard to race, religion, color, sex, age, or national origin. C. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, advising the labor union or workers' representative of the Contractor's commitments to equal employment opportunity and affirmative action, and shall post copies of the notice in conspicuous places available to participants and applicants for employment. Page 11 of 16 pages D. The Contractor shall comply with all applicable equal opportunity laws, other employment laws, rules, regulations and orders, on federal, state, and local levels. E. The Contractor shall furnish all information and reports and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. F. In the event of the Contractor's noncompliance with equal oppor- tunity conditions of this contract, the Department may cancel, terminate, or suspend this contract in whole or in part; the Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise provided by law. G. The Contractor shall include all of subsections (A) through (G) in every eligible subcontract or purchase order so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcon- tract as the Department may direct to enforce such provisions, including action for non - compliance. H. The Contractor covenants that no person with responsibilities in the operation of any program funded under this contract will discriminate with respect to any employee, program participant, or any applicant for participation in such program, because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. I. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000[d]), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants that no person in the United States shall, on the grounds of race, color, sex, national origin, age, handicap, or political affiliation or belief be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimina- tion under any program or activity for which the Contractor herein receives financial assistance, and will immediately take any measures necessary to effectuate this requirement. J. The Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000[e]), as amended, and Executive Orders 11246 and 11375, which are incorporated herein by this reference as if fully rewritten, and covenants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. K. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. §§ 201 through 219), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants that it will not practice wage differentiation in employment based on sex. Page 12 of 16 pages L. The Contractor shall comply with the Age Discrimination In Employment Act (29 U.S.C. §§ 621 through 634), as amended, and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and covenants that it will not practice discrimination against an employee or applicant for employment on the basis of age. The Contractor shall not dis- criminate in employment against any person because of his or her age or specify in solicitations or advertisements a maximum age limit except and unless it is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. M. The Contractor shall tak4 Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, religion, national origin, or condition of physical or mental handicaps, provided, however, in the instance of a handicapped person, that the person's handicap does not prevent that person from doing the job that person would be hired to perform. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor also covenants to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Department's EEO Officer setting forth the provisions of this non - discrimination clause. SECTION XXIII. AFFIRMATIVE ACTION FOR DISABLED VETERANS OF THE VIETNAM ERA [This section is applicable pursuant to 41 C.F.R. §§ 60 -250 (1977) only of the Department's maximum funding obligation under subsection (A) of Section IV is $10,000.00 or more. The application of this section shall be governed by the regulations found at 41 C.F.R. §§ 60 -250.1 A. The Contractor agrees that it shall comply with Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regulations, and orders relating thereto which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified veterans and disabled veterans of the Vietnam era and will not discriminate in an employment situa- tion against mentally or physically handicapped or disabled veterans or against otherwise qualified Vietnam Era Veterans, if such individuals are capable of performing the work involved in the employment situation. B. The Contractor will include the provisions of this Section in every subcontract or purchase order of $10,000.00 or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct to enforce such provisions, including action for noncompliance. Page 13 of 16 pages SECTION XXIV. AFFIRMATIVE ACTION FOR HANDICAPPED (This Section is applicable pursuant to 41 C.F.R. § 60 -741 (1978), if the Department's maximum funding obligation under Subsection (A) of Section IV is $2,500.00 or more. The application of this section shall be governed by the regulations found at'41 C.F.R. § 60 -741.1 A. Contractor agrees that it shall comply with Section 503 of the Rehabilitation Act of 1973, Pub. L. 93 -112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93 -516, and the rules, fegulations, and orders relating thereto, which are incor- porated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified handicapped individuals and will not discriminate in an employment situation against handicapped individuals if such individuals are capable of performing the work involved in the employment situation. B. The Contractor will include the provisions of this section in every subcontract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each subcon- tractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase as the Department may direct to enforce such provisions, including action for non- compliance. SECTION XXV. COPYRIGHT The Contractor and any subcontractor(s) will not assert any rights at common law or in equity or establish any claim to statutory copyright in any material or information developed under this contract. The Department shall have the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining any permission from Contractor without expense or charge. SECTION XXVI. CONTRIBUTION BY CONTRACTOR A. Contractor agrees that it shall provide a matching contribution in the amounts specified for Contractor Financial Responsibility in Attachment II, Budget. Contractor agrees that these amounts shall be devoted exclusively to the performance of Contractor's obligations hereunder and shall be expended in accordance with the terms of this contract. The Contractor may increase its matching contribution at any time during the contract period, however, such an increase will not change the maximum obligation of Department under this contract. B. The Contractor must have completely fulfilled its obligation under this Section to provide its matching contribution specified above by the end of the contract period specified in Section III of this contract. Page 14 of 16 pages C. If the ratio of Department's total actual payments to the Con- tractor's total actual matching contribution is greater than the ratio of Department's total obligation as specified in Attachment II to the Contractor's total contribution as specified in Attach- ment II, at the termination of the contract, then the Contractor must return to Department an amount of money which will reduce the total actual payments made by Department under this contract to a sum which will result in a ratio of Department's total actual payments to the Contractor's total actual contribution which is equal to the ratio of Department's total obligation as specified in Attachment II to the Contractor's total contribution as specified in Attachment II at the termination of the contract period. SECTION XXVII. ORAL AND WRITTEN AGREEMENTS A. All oral or written agreements, relating to the subject matter of this contract and which were made prior to the date of commence- ment specified in Section III, between the Contractor and the Department have been reduced to writing and are contained herein. B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract. 1. Attachment I, Work Program, 6 pages 2. Attachment II, Budget, 1 pages 3. Attachment III, Assurances, 1_ pages Page 15 of 16 pages WITNESS OUR HANDS EFFECTIVE THIS 1st day of January , 1980 REVIEWED: Larry L. Tonn, Mayor City of Round Rock, Texas APPROVED AND ACCEPTED ON BEHALF OF THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS, AN AGENCY OF THE STATE OF TEXAS. Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. DIVISION DIRECTOR LEGAL COUNSEL FISCAL DIVISION Page 16 of 16 pages A. GENERAL REQUIREMENTS ' ATTACHMENT •I WORK PROGRAM City of Round Rock CPA- TX -06 -16 -2039 1. The Contractor shall prepare or cause to have prepared, elements of a general comprehensive plan which shall serve as a guide in the develop- ment of the City. Contractor's preparation of this plan shall include Contractor's complete and satisfactory pdrformance of the activities specified in this Attachment I. 2. The Planning Area shall be in the City's corporate area; it shall also include that area outside the corporate boundaries defined in Section 3 of Article 970a, V.T.C.S. as the City's extent of extraterritorial jurisdiction. 3. Plans and programs prepared under the provisions of this work program shall be coordinated with similar plans and programs prepared, being prepared, and /or in the possession of the CAPITAL AREA PLANNING COUNCIL 4. The Contractor shall review maps, materials and reports as available in the offices of the CAPITAL AREA PLANNING COUNCIL in order to avoid duplication of services and /or work, and to ascertain the feasibility of using such data as supportive documentation in the preparation of these planning elements. •5. The Contractor shall review all maps, materials, plans and reports which were developed for or about the City and its planning area as elements of a general comprehensive plan and which were prepared to guide the development of the Municipality. All such work shall be cited and any applicable and salient points mentioned in documents developed under this contract. 6. The Contractor shall comply with the special requirements of the Code of Federal Regulations, Title 24, Part 600, Subpart B, which are listed as follows: 600.65 Environmental Requirements 600.66 Historic Preservation Requirements 600.67 Comprehensive Planning Requirements 600.70 Required Housing Element 600.72 Required Land Use Element 600.73 Land Use and Housing Elements - Review and Approval Process 600.75 Equal Opportunity Requirements 600.77 Handicapped Requirements 600.80 Citizen Involvement Each of these special requirements shall be addressed and included within the planning document. The Contractor shall state briefly how each of these special requirements have been met, or how they are anticipated to be met by the local unit of government to satisfy Federal Requirements. 7. The Contractor shall include, at the beginning of the report(s), a summary of the major findings and any proposals made concerning each of the contractual elements. Page 1 of 6 pages B. CENTRAL BUSINESS DISTRICT 1. Commercial Area Inventory a. A survey shall be made of the Central Business District (CBD) and its area of immediately adjacent influence to include but not necessarily limited to the following: (1) The existing land use of the Central Business District; (2) Street rights -of way and pavement widths, where applicable; 3 Locations and condition of sidewalks, curbs and gutters; 4) On and off - street parking; (5) Condition of buildings; (6) Location of traffic controls by types; (7) Traffic volumes and turning movements for major streets, where available. b. The above inventory will be shown on a symbol -coded map at a 1" =200' scale. c. A sketch drawing shall be prepared to show the relationship of the CBD to other supportive and competitive development within the community. 2. Analysis a. An analysis shall be made of'the Central Business District and its relationship to community development to determine if improvements or rearrangement of commercial facilities are needed. b. To assist in the formulation of goals and objectives related to the physical arrangement of commercial development within the municipality, conceptual studies shall be prepared and presented in graphic form. These studies shall include as a minimum the following: (1) A ratio of existing and projected commercial acreage; (2) A ratio of used and vacant commercial floor area in the Central Business District; (3) A ratio of potential comercial acreage within the Central Business District and the outlying commercial areas as determined by past trends; (4) A ratio of a desirable arrangement of commercial acreage in relation to: Central Business District; other commercial locations; (5) Alternatives in the arrangement of commercial acreage and possible solutions in the development or redevelop- ment of the Central Business District. c. Graphics shall be prepared to illustrate the results of the Central Business District study and analysis. Page 2 of 6 pages 3. Central Business District Plan a. In relation to the foregoing commercial area analysis, formulate specific goals regarding the physical arrangement of commercial development. b. Both short and long -range objectives to accomplish stated goals shall be prepared. c. In relation to recognized commercial area problems and goals - and objectives, prepare recommendations that visually will improve the aesthetic values of the Central Business District to include but not necessarily limited to: (1) Improvement to facades and alleyways; (2) Pedestrian walk -ways; (3) Landscape treatment of street medians, pedestrian ways and rest areas; (4) Removal of obsolete buildings and overhead utility lines. d. Review and recommend a program for acquiring and improving off - street parking. e. Review and make recommendations to improve on- street parking. f. Illustrate by graphics the treatment of areas of special importance which will uplift the public image of the Central Business District, thereby giving it a more competitive position such as: open space projects, landscape treatment, parking area; face - lifting of buildings, etc. Prepare a Central Business District map at a scale of 1" -200' to graphically illustrate the redevelopment of the area in relation to the formulated goals and objectives. The Central Business District Plan map (s) shall, as a minimum include but not necessarily limited to: (1) Any necessary rearrangement of land uses to improve compatibility; (2) Any necessary building relocation or reorientations in order to improve their usefulness; (3) On and off - street parking areas; (4) Vehicular and pedestrian circulation; (5) Necessary traffic controls. g. h. Recommendations shall be supplemented with graphics. C. ZONING ORDINANCE REVISION 1. The contractor shall review, analyze, and make recommendations pertaining to the existing Zoning Ordinance and Zoning District Map. Sections of the Ordinance that may be inadequate in content or sections exhibiting difficulties in interpretation and administration are to be studied. Page 3 of 6 pages 2. Recommendations shall be prepared as additions, deletions, or corrections to specific definitions, paragraphs, or sections to the zoning ordinance. 3. The Zoning District Map shall be reviewed in light of emerging Land use through the preparation of a new Zoning District Map. adjustments of zoning districts boundaries shall be explained to clarify or recognize conflicts of districts with the Land Use Plan. 4. A zoning report shall be prepared to include the revised ordinance in a form suitable for adoption following the Municipal Attorney's review of the technical material. The revised zoning District Map shall be at an appropriate scale and be included in the report. D. SUBDIVISION ORDINANCE REVISION 1. The contractor shall review, analyze, and where appropriate, make recommendations to the existing Subdivision Ordinance. Sections of the ordinance that are determined to be inadequate in content or sections exhibiting difficulties in interpretation and /or adminis- tration are to be studied. 2. The contractor shall affect appropriate additions, deletions or corrections to specific definitions, paragraphs, or sections to the Subdivision Ordinance. 3. The Contractor shall affect appropriate additions, deletions or corrections to specific definitions, paragraphs, or sections to the Subdivision Ordinance. 4. Any and all technical materials prepared shall be based on sound platting and planning principles and not,be inconsistent with Vernon's Annotated Civil Statues, Articla 970a and 974a as amended. 5. Following development of the technical material and prior to adoption, the City Council is advised by this contract to seek counsel and advice from the City's Attorney regarding the legal aspects and implications of subdivision controls. 6. The technical material on the subdivision ordinance shall be prepared in a report form and submitted to the Department as provided for in the Reports and Publications section of this contract. E. SIDEWALK STUDY AND PLAN 1. Sidewalk Inventory a. A survey shall be made of the City's Corporate area to determine the extent of sidewalk surface in existence to include, as a minimum, the following: (1) Location; (2) Condition; Page 4 of 6 pages b. The above inventory shall be shown on mapping of an appropriate scale. 2. Sidewalk Analysis a. An analysis shall be made to determine the adequacy of existing sidewalks and where and to what extent improvements are needed; and, as a minimum, consideration shall be given to the following: (1) Pedestrian flow; (2) Priorities; (3) Estimated costs; (4) Financing 3. Sidewalk Plan a. In relation to the foregoing inventory and analysis, formulate specific goals regarding sidewalk facilities for the purpose of providing overall guides to the planning process. b. Both short and long -range objectives to accomplish the stated goals shall be prepared. c. In relation to recognized problems and goals and objectives, prepare recommendations for the improvement and extention of sidewalks. d. The Contractor shall prepare a sidewalk plan to provide for the elimination of existing deficiencies and improvements for forecasted needs during the planning period. e. The proposed sidewalk system shall be illustrated on a map of an appropriate scale. Improvements shall be in accordance with accepted municipal standards and shall be shown by phases. F. ENVIRONMENTAL ASSESSMENT In accordance with the Code of Federal Regulations, Title 24, Section 600.65, an Environmental Assessment Element shall be prepared of the aforementioned studies. The Contractor should consider Part (a) of Section 600.65 in developing planning studies and shall consider and address Part (b) of Section 600.65 of the Environmental Requiement. The assessment shall: 1. Include the following: a. A summary or abstract of the proposed plan(s) or policies; b. The environmental impact (beneficial as well as• adverse) of the proposed plan(s) or policies, if they are carried out; c. Any adverse environmental effects which cannot be avoided should the proposed plan(s) or policies, if they are carried out; Page 5 of 6 pages 4j Work Program Item d. Alternatives to the proposed plan(s) or policies and an analysis of those alternatives; e. The relationship, under the proposed plan)s or policies between local short -term uses of man's environment and the maintenance and enhancement of long -term productivity; f. Any irreversible and irretrievable commitments of resources which would be involved if the proposed plan(s) or policies should be implemented; and g. A statement setting forth applicable Federal, State, and local environmental controls. 2. Be appended to the resulting proposed plan and accompany the plan through all deliberations leading to approval and subsequent amend- ment; and 3. Be available to the public on a timely basis, including availability prior to any public hearings regarding the plan. G. REPORTS AND PUBLICATIONS 1. The Contractor shall prepare the following reports and deliver the stated number of copies to the Department no later than the date specified. The reports shall be sized no larger than 81/2" X 11" and be bound at the left -hand margin. Title Copies to TDCA Work Due • Date A &F General Requirements (A) and Environmental Assessment(F) 10 June 30, 1980 B Central Business District Study 10 June 30, 1980 C Zoning Ordinance Revision 10 June 30, 1980 D Subdivision Ordinance Revision 10 June 30, 1980 E Sidewalk Study and Plan 10 June 30, 1980 2. Each report prepared under the provisions of this Work Program shall contain an abstract of the report on the first page after the front cover. The abstract shall be short and unambiguous and shall comply with the National Technical Information Services Form NTIS -35 (10 -70). The NTIS Form shall be used. 3. Reduced in size legible prints of all maps, except color -coded maps, shall be prepared and included in each appropriate report. Two (2) 8" X 10" photographs of color -coded maps may be submitted in lieu of full -scale prints to the Department. Page 6 of 6 pages The Budget specified hereunder shall be used as the basis of payment to the Contractor as specified by the provisions of this contract. Should it become necessary to terminate this contract, the budget items shall be used to determine the value of services rendered. Budget Financial Responsibility Total Item TDCA Contractor Cost A & F General Requirements (A) and Environmental - ATTACPMERT II' BUDGET City of Round Rock CPA- TX -06 -16 -2039 B Central Business District Study 4,200 2,100 6,300 C Zoning Ordinance Revision 2,200 1,100 3,300 D Subdivision Ordinance Revision 2,000 1,000 3,000 . E Sidewalk Study & Plan 400 200 600 $9,800 $4,900 $14,700 1 of 1 pages $1,000 $ 500 $1,500 1. It possesses legal authority to apply for the grant; that a resolution, motion of similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understand- ings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infor- mation as may be required. 2. It will 'comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with Title VI of that Act no person in the United States shall, on ground of race, color, of national origin, be excluded from parEicipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) pfohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. HUD - 7026.4 (12 -73) ATTACHMENT III PART V ASSURANCES Form Approved OMB No. 63R -1418 The Applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines, and requirements including OMB -A -95, FMC -74 -4 and FMC -74 -7 as they relate to the application, acceptance and use of Federal funds for this Federally assisted project. Also the Applicant assures and certifies with respect to the grant that: Page 1 of 1 page 4. It will comply with requirements of the provisions of the Uniform Relo- cation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assis- ted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educa- tional institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being moti- vated by a desire for private gain for themselves or others, particu- larly those with whom they have family, business, or other tics. 8. It will give the grantor agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents ,related to the grant. 9. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with FMC 74 -7.