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R-80-291 - 5/8/1980ATTEST: J NNE LAND, City Secretary RESOLUTION N0. ofii RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE TEXAS DEPARTMENT OF COM- MUNITY AFFAIRS, AN AGENCY OF THE STATE OF TEXAS AND THE CITY OF ROUND ROCK, TEXAS WHEREAS, the Office of the Governor has made available $75,000 in Economic Development Administration (EDA) Section 304 funds,and WHEREAS, the Texas Department of Community Affairs has committed $18,750 to provide to the City the state funds that are_required to match EDA funds, NOW, THEREFORE, be it resolved that the City Council of the City of Round Rock authorizes the Mayor to sign a contract between the Texas Department of Community Affairs and the City of Round Rock, Texas. A copy of the herein mentioned contract being attached hereto and incorporated for all purposes. RESOLVED this 8th day of May, 1980. LARRY L. TONN, Mayor City of Round Rock, Texas STATE OF TEXAS § COUNTY OF TRAVIS TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR EDA SECTION 304 PROJECT WITH CITY OF ROUND ROCK SECTION I. . PARTIES TO CONTRACT This contract and agreement is made and entered into by and between Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department ", and the City of Round Rock , hereinafter referred to as "Contractor ". The Parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performances and accomplishment of the tasks hereinafter described. SECTION II. CONTRACTOR PERFORMANCE The Contractor shall render the performances specified by and in accordance with Attachment I, Work Program, which is attached hereto and hereby made a part of this contract. The Contractor shall render all performances specified hereunder in accordance with the terms of this contract. SECTION III. CONTRACT PERIOD The period for performance of this contract shall commence May 15, 1980 , and shall terminate August 31, 1980 SECTION IV. DEPARTMENT OBLIGATIONS ' A. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments, liabilities, and other obligations made or incurred by the Department hereunder shall not exceed the sum of eighteen thousand seven hundred fiftydollars($ 18,750.00 )• B. Measure of Liability 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 performances rendered hereunder Page 1 of 15 Pages • subject to the provisions and limitations of this Section enumerated below and the amount of maximum TDCA financial responsibility specified in Sub- section A of this Section IV. 1. Department shall not be liable to Contractor for any costs incurred or performances rendered until said performances and costs have been reviewed and approved'by,the,Economic Development Administration. 2. Department shall not be liable for any costs incurred or performances rendered by Contractor i'n the performance of this contract which have not been billed to Department within ninety (90) days following the termination of this contract. • 3. 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. 4. 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. 5. 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 Con- tractor, or (b) has been reimbursed to Contractor or is subject to reimbursement to Contractor, by any source other than Department or Contractor. 6. 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. C. Method of Payment 1. Contractor shall submit no more than one time during any calendar month during the period of the contract, a request for payment for expenditures for which reimbursement is sought. All requests for payment shall include certification of progress to date and shall include documentation of costs incurred. Documentation of costs shall include Contractor's periodic estimates, vouchers, expense . records, payroll records, etc. Said request for payment shall reflect the total actual costs incurred by Contractor for performance rendered hereunder and shall specify that portion which Department Page 2 of 15 Pages is requested to reimburse Contractor. Each such request for payment shall have first been approved by the Economic Development Administra- tion as specified in Subsection B of this Section. Upon receipt and approval of each request for payment, the Department shall pay, subject to the limitations cited below, to Contractor an amount equal to Depart- ment'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 Subsection C, it is expressly understood and agreed by the Parties hereto that payments under this contract are conditioned 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 understood and agreed by the Parties hereto that if the Contractor fails to submit to Department in a timely and satisfactory manner any report required by this con- tract or any other contract the Department has with Contractor, the Department may, at its sole option and in its sole discretion, with -, hold any or all payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify the Contractor in writing of its decision and the reasons thereof. Payments with- held pursuant 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. It is further expressly understood and agreed by the Parties hereto that Contractor's performance upon which final payment is conditional shall include, but not be limited to the following: (a) Contractor's complete and satsifactory performance of its. obligations for which final payment is sought; (b) Timely submission to the Department of the final closeout 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 obligations, 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 determination 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 3 of 15 Pages 5. .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 discretion, offset any amounts with- held or otherwise owing to the Contractor hereunder against any amount owing but unpaid by the Contractor to Department arising from this or any other contract between Department and Contractor. 6. 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 preclude 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. Contractor shall submit progress reports monthly. The progress report shall fully and completely disclose all performances rendered by Contractor under the terms hereof for the period of time specified in Department's request. B. Contractor shall submit a final report which evaluates and reviews the Contractor's performances toward the completion of the project described in Attachment I no later than thirty (30) days after the end of the con- tract period. C. The Contractor shall submit such other reports on the operation and per- formance of this contract 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 funds received from the Department under this contract. Such records shall be adequate to identify (a) the funds made available, (b) the expenditures made out of the funds, and (c) the re- sulting balances of funds. 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 responsibility under any other provision of this contract. Page 4 of 15 Pages 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 accessible condition. SECTION VIII. DEPARTMENT MONITORING The Contractor shall give the Department and the Economic Development Admin- istration, 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 Contractor shall give the Department and the Economic Development Administration the right at all reasonable times to inspect or other- • wise evaluate the work performed or being performed hereunder and 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 Depart- ment 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 shall subcontract for the performances described in this contract only after the Contractor has submitted a subcontract informa- tion summary, on a form prescribed by Department, for each proposed sub- contract 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 approval by Department must be in writing and must be obtained by Contractor prior to the execution of such subcontract(s). The subcontract information summary form is a report required by Department in accordance with Section V, Reporting Requirements, of this contract, and if Contractor fails to submit such report in the manner specified by Department, Contractor will be subject to the sanctions contained in Section IV, Department Obligations, including Subsection C(3) of that Section. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to subcontractors. Page 5 of 15 Pages B. In no event shall any provision of this Section, specifically including the requirement that Contractor obtain the prior approval of Department of 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 pro- vided the subcontractor under the terms of the subcontract 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 subcontract not been executed. D. The Contractor agrees that in all subcontracts it executes for per- formances 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 subcontractor's per- formance 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 con- tract for any performance or partial performance of an 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 reimbursement to subcontractor by any source other than Contractor or subcontractor. SECTION XI. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, ordinances, codes and regu- lations of the state, local, and federal governments. SECTION XII. MAINTENANCE OF EFFORT The Contractor agrees that the funds and resources provided the Contractor 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, Page 6 of 15 Pages i ot.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 covenants 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, subcontractors, 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 functions or responsibilities in the review or approval of the undertaking 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 administra- tive 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 -law, son -in -law, daughter - in -law, mother -in -law, father -in -law, aunt, uncle, niece, nephew, stepparent, stepchild, grandfather, grandmother, grandson, and grand- daughter. 2. For the purposes of this Section, the term "administrative capacity" includes those persons who have overall administrative responsibility for the activities and performances funded under this contract, in- cluding 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 Page 7 of 15 Pages the project director, deputy director, or any persons having selection, hiring, placement, or supervisory responsibilities for the activities and performances 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 con- tract be used for sectarian instruction or as a place of religious worship. SECTION XVII. LEGAL AUTHORITY 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 Contractor's governing board or body giving the Contractor legal authority, to enter into this contract, receive the funds authorized by this contract and to perform the services the Contractor has obligated itself to perform. B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves as signing and executing this con- tract 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 Contractor or the person signing the contract to enter into this contract. The Contractor is liable to Page 8 of 15 Pages • . . 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 contract, the conflicts shall be resolved by giving precedence to the Sections appearing on the first 15 pages of this contract and all amendments thereto, over the attachments to this contract and the amendments thereto. SECTION XX. AUDIT The Contractor shall furnish the 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 audit reports which cover the above specified period of time and which contain separate schedules re- flecting the receipt and expenditure by the Contractor of funds awarded under this contract. This audit shall be in compliance with 13. C.F.R. Section 309.9 and all other statutes and regulations governing this EDA project. 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 its right to terminate, this contract shall terminate in accor- dance with Sections III, IV, or XVII, whichever first results in termina- tion. B. Upon termination or receipt of notice to terminate, whichever occurs first, the Contractor shall cancel, withdraw, or otherwise terminate any outstand- ing 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 Con- tractor's creditors for expenses incurred after the termination date. Page 9 of 15 Pages • D. Upon termination of this contract, the Contractor shall return to the Department within thirty (30) days in the manner prescribed by the • Department that amount of money, if any, received by Contractor from' Department hereunder in excess of the aggregate of Departmental lia- bilities hereunder as computed in accordance 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 participants are treated during employ- ment 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 compen- sation; and selection for training, including apprenticeship. The Con- tractor 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 consideration 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 worker's representative of the Contractor's commitments to equal employment opportunity and affirma- tive action, and shall post copies of the notice in conspicuous places avail- able to participants and applicants for employment. 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 opportunity 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. Page 10 of 15 Pages 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 subcontract as the Department may direct to enforce such provisions, including action for noncompliance. 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 sub- jected to discrimination under any program or activity for which the Con- tractor herein receives financial assistance, and will immedately 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. 9 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. 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 discriminate in employment against any per- son because of his or her age or specify in solicitations or advertise- ments 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 take 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 per- son from doing the job that person would be hired to perform. Such action Page 11 of 15 Pages shall include, but not be limited to, the following: employment, up- grading, 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 Departments 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 if 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). 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 dis- criminate in an employment situation 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. 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). A. Contractor agrees that it shall comply with Section 503 of the Rehabilita -• tion Act of 1973, Pub. L. 93 -112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 92 -516, 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 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. Page 12 of 15 Pages 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 pro- visions will be binding upon each subcontractor or vendor. The Con- tractor shall take such action with respect to any subcontract or pur- chase 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. PATENTS If any discovery or invention arises or is developed in'the course of or as a result of work performed under this contract, the Contractor shall refer the discovery or invention to Department, which will determine: 1. Whether or not patent protection will be sought; 2. How any rights therein, including patent rights, will be disposed of and administered; and, 3. The need other action required to protect the public interest in work supported with public funds. Contractor agrees to transfer such rights in discoveries or inventions, and to otherwise take such action for the purpose of perfecting rights in discoveries or inventions, as Department may direct. In the final narrative report the in shall arising developed contract. SECTION XXVII. CONDITIONS PRECEDENT A. The commencement of performance by either party to this contract shall be contingent upon the execution by Contractor and the Econonic Development Administration (hereinafter referred to as "EDA ") of a grant agreement under Section 304 of the Public Works and Economic Development Act of 1965, 42 U.S.C.A. Section 3153, and pursuant to which EDA obligates itself to reimburse Contractor for amounts expended up to a maximum of not less than seventy five thousand dollars ($75,000.00) for water system improvements to serve two industrial parks and a new regional shopping center, which are the objects of this contract, such grant being of the type for which funds obligated under this contract may be qualified as the "state matching share" as that term is used in 13 C.F.R. Section 312.3 B. Payment by the Department for liabilities accrued hereunder shall be contingent upon certification from EDA that (1) performance pursuant to Attachment I of this contract and for which reimbursement is sought has been satisfactorily accomplished in compliance with requirements, Page 13 of 15 Pages conditions, and limitations applicable to this project and that (2) costs incurred are allowable costs pursuant to the provisions of Contractor's grant agreement with EDA. Upon receipt of such certification the Depart - fient shall pay the Contractor pur'suant'to the provisions of Section IV, provided that all other conditions and obligations of performance pursuant to Attachment I have been fully and satisfactorily met by the Contractor. C. Notwithstanding any other provision of this contract, it is expressly understood and agreed to by the parties to this contract that all liabilities and obligations of Department hereunder are contingent upon the final completion of the water system improvements which are the objects of this contract. In the event that Contractor fails to complete these water system improvements in accordance with the provi- sions of Attachment I of this contract, the Contractor shall promptly return to Department the amount, if any, the Department has paid to Contractor hereunder. SECTION XXVIII. 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 commencement specified in Section III, between the Contractor and the Department have been re- duced 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. Attachment I, Work Program, 1 pages Page 14 of 15 Pages WITNESS OUR HANDS EFFECTIVE THIS day of , 1980. Larry L. Tonn, Mayor City of Round Rock APPROVED AND ACCEPTED ON BEHALF OF THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS, AN AGENCY OF THE STATE OF TEXAS Sidney M. Wieser, Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. REVIEWED: Page 15 of 15 Pages DIVISION DIRECTOR LEGAL COUNSEL FISCAL DIVISION ATTACHMENT I • WORK PROGRAM CITY OF ROUND ROCK Contractor shall cause to be constructed improvements to the City of Round Rock's water system as needed to provide approximately 7,000 linear feet of 12 inch water main. Such performances shall include but not limited to: 1. Preparation of plans and specifications, contract documents and other instruments as needed to design improvements to the City of Round Rock's water system. The pipeline to be constructed shall be approximately 7,000 feet in length and shall be approximately 12 inches in diameter and shall connect two new water wells into the city's distribution system in a manner to boost the pressure in the northwest areas of the city from the • present 12 -20 psi in periods of peak usage to 45 -65 psi in order to meet the needs of the indus- trial and commercial consumers as well as the minimum requirements of the Texas State Board of Insurance. 2. Securing approval from the Economic Development Administration, the Texas Health Department, the Texas State Board of Insurance and any other applicable state or federal agency of said plans and specifications and securing authorization to proceed with construction. 3. Construction of such water pipeline as designed and as required • to assure proper operation. 4. Performing such other requirements as necessary to conform to the Public Works and Economic Development Act of 1965, as amended and any other applicable regulations as set forth by the EDA publica- tion Requirements for Approval of Projects, latest edition.