R-98-05-28-11A2 - 5/28/1998RESOLUTION NO. R- 98- 05- 28 -11A2
WHEREAS, the City of Round Rock ( "City ") has previously
adopted Resolution No. 97- 09- 25 -13R establishing an Economic
Development Program to promote local economic development and to
stimulate business and commercial activity in the City, as
authorized by Section 380.001 of the Texas Local Government Code,
and
WHEREAS, the City entered into an Economic Development
Program Agreement with Columbia /St. David's Round Rock Hospital
( "Round Rock Hospital "), and
WHEREAS, the City entered into a contract with the Texas
Department of Economic Development ( "TDED ") for an economic
development project within the City limits, and
WHEREAS, the City desires to enter into an agreement with
Round Rock Hospital to carry out said economic development project
pursuant to the contract between the City and TDED, 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 an agreement between the City of Round Rock,
Texas and Round Rock Hospital, a copy of said agreement being
attached hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
K:\ WPOOCS \R65OLUTI \R80528A2.WPD /acg
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 28th day of May, 199
ATTEST:
LAND, City Secretary
2
CHARLES CULPEPER Mayor
City of Round Rock, Texas
C: \TEXT \ECOOVLP.NPO /jkg
ECONOMIC DEVELOPMENT PROJECT AGREEMENT
The Project includes:
ARTICLE I.
PARTIES TO AGREEMENT
r`ffv
1.01 This Agreement is entered into on this the � _
8 day of the month of
l y/ , 1998, by and between the CITY OF ROUND ROCK, a Texas home -rule
municipality (hereinafter referred to as CITY) and COLUMBIA /ST. DAVID'S ROUND ROCK
HOSPITAL, a company duly incorporated under the laws of the State of Texas (hereinafter referred
to as COMPANY).
ARTICLE I1.
AGREEMENT PERIOD
2.01 Commencement date for this Agreement shall be fixed as December 30, 1997, and
termination date shall be December 29, 2000, and this Agreement shall be completed in accordance
with the contract by and between CITY and the Texas Department of Economic Development
(formerly Texas Department of Commerce), said contract having been executed on May 28, 1998,
and said contract being incorporated herein by reference for all applicable purposes.
ARTICLE III.
PURPOSE OF AGREEMENT
3.01 The purpose of this Agreement is to carry out an economic development project
(hereinafter referred to as the Project) between the Texas Department of Economic Development
(hereinafter referred to as Department) and CITY. Said Project shall be carried out pursuant to the
contract referenced in Article II.
3.02 Purchase by COMPANY of new machinery and equipment.
3.03 Construction by CITY of infrastructure improvements in the form of water lines and
street construction, such infrastructure improvements being more specifically detailed in Article V
herein.
ARTICLE IV.
OBLIGATIONS OF COMPANY
COMPANY shall perform the following obligations:
4.01 COMPANY shall expend the sum of Six Million Five Hundred Eighty-seven
Thousand Eight Hundred Thirty -one and No /100 Dollars ($6,587,831.00) of its funds in cash for
the Project for the purchase of new machinery and equipment.
RECEIVED
JUN 8 - 1998
CITY OF ROUND ROCK
PLANNING DEPARTMENT
4.02 COMPANY shall create a minimum of fifty -eight (58) full -time equivalent,
permanent jobs prior to the expiration date of the contract. Of such fifty -eight (58) jobs, thirty (30)
of same (representing fifty -one percent of the total number of jobs) shall be held by "low and
moderate income persons" as that term is defined in the most recent version of the TCF Project
Implementation Manual and any amendments thereto. In the event that more than fifty -eight (58)
permanent jobs are created hereunder, COMPANY shall ensure that at least fifty -one percent of the
jobs created are held by low and moderate income persons. All holders of such jobs for low and
moderate income persons shall be paid a minimum weekly salary of Three Ilundred Twelve and
70/100 Dollars ($312.70). Exhibit "A" attached hereto shall contain a delineation of the types,
number, wage scales, and minimum skill levels of such positions.
4.03 To establish a beginning benchmark for verifying number of jobs created,
COMPANY shall submit to CITY a copy of its payroll indicating the number of persons employed
at the Round Rock location as of December 30, 1997. At a minimum, the payroll report shall
provide the following information for all employees: full name of employee, Social Security number
of employee, and status of employee as either full -time or part-time. To establish an ending
benchmark for verifying number of jobs created during the contract term, COMPANY shall submit
to CITY a copy of its payroll report in the identical format described herein, and submission of same
shall be with the close -out of the contract.
4.04 During the contract period, COMPANY shall maintain records and make quarterly
reports to CITY in form, content, and number to satisfy the requirements of Paragraphs 4.02, 4.03,
4.04, and 4.05 herein. Such records and reports shall document low and moderate income benefit
and beneficiaries by race, ethnicity, gender, and handicap status as is made available to COMPANY
by their employees, in the same manner and to the same extent as Department requires of CITY.
COMPANY shall submit to CITY all such reports no later than the 15th day after the end of each
calendar quarter of the contract period specified herein. Additionally, COMPANY shall submit to
CITY the Private Business Employment Report and Employee Summary Report no later than the
15th day after the end of each calendar quarter of the contract period specified herein.
4.05 COMPANY shall implement the hiring plan set forth in Exhibit `B" attached hereto
and incorporated herein by reference, which plan sets forth methods of identifying and training
potential low and moderate income job applicants.
4.06 COMPANY shall submit to CITY detailed documentation delineating and verifying
COMPANY's purchase of new machinery and equipment for this project in the amount of Six
Million Five Hundred Eight -seven Thousand Eight Hundred Thirty -one and No /100 Dollars
($6,587,831.00). Documentation shall include but not be limited to invoices, receipts, and canceled
checks which document COMPANY's matching expenditures to CITY's satisfaction.
4.07 COMPANY shall be liable to CITY in an amount not to exceed Department's
maximum obligation under the Texas Department of Economic Development contract, and
COMPANY shall be required to repay CITY for contract funds expended in the event COMPANY
does not fulfill its responsibilities under this Agreement.
2
4.08 During the contract period, COMPANY is hereby restricted from transferring assets
out of the COMPANY (except during the normal course of business, i.e. cash, fixed assets used in
the production process, and accounts receivable) without the express written consent of Department.
4.09 COMPANY hereby certifies that all taxes are current and that future taxes will be
paid when due. CITY may, at its option, require COMPANY to provide proof of timely payment.
4.10 COMPANY shall permit CITY to make on -site inspections, at least on a quarterly
basis, to assess /monitor the progress toward job creation. At the time of such on -site visits,
COMPANY shall provide to CITY's local officials or representatives information regarding job
creation and any other information deemed necessary by CITY to administer this Agreement.
4.11 COMPANY shall maintain records and reports, including completed Family
Certification Form attached hereto as Exhibit "C ", regarding documentation of low and moderate
income benefit and beneficiaries by race, ethnicity, gender and handicap status.
4.12 COMPANY shall satisfy any other relevant details or special conditions embodied
in the contract between the Texas Department of Economic Development and CITY.
4.13 COMPANY shall provide documentation to CITY that the final plans and
specifications for construction of its manufacturing facility have been approved by the appropriate
division director of the Texas Department of Licensing and Regulation. Such documentation shall
include director's assurance that improvements or renovations will be in compliance with
requirements for the elimination of architectural barriers encountered by persons with disabilities
as specified in TEX.REV.CIV.STAT.ANN. art. 9102 and the rules promulgated thereunder.
4.14 COMPANY shall notify CITY immediately in writing of any legal action filed
against it, or of any proceeding filed under the federal bankruptcy code, or of any action filed against
it arising out of the performance under this Agreement or any subcontract thereof, or of any
proceeding before an administrative agency, or of any claim against it of which the cost and expense
may be entitled to reimbursement by Department. In no event shall any such notices fail to be
given to CITY within three (3) working days of receipt by COMPANY. COMPANY shall provide
CITY within three (3) working days all copies of pertinent papers received by it with respect to any
such action or claim. No funds provided under the contract may be used in the payment of any costs
incurred from violations or settlements of or failure to comply with federal and state regulations.
ARTICLE V.
OBLIGATIONS OF CITY
CITY shall perform the following obligations:
5.01 CITY shall expend the sum of Five Hundred Thirty-five Thousand and No /100
Dollars ($535,000.00) of Texas Department of Economic Development contract funds to provide
for the following infrastructure:
3
5.01.01 Sixty Thousand and No /100 Dollars ($60,000.00) to construct approximately
two thousand four hundred linear feet (2,400 1.f.) of eight -inch distribution
line to loop water system for proposed Park Valley Drive from Wyoming
Springs Drive to Oakwood Boulevard.
5.01.02 Four Hundred Forty Thousand and No /100 Dollars ($440,000.00) to con-
struct approximately two thousand four hundred linear feet (2,400 l.f.) of
street improvements in the form of the construction of forty feet (40 ft.)
width of asphalt road with curb and gutter, to include subgrade preparation,
flexible base and drainage and culverts.
5.01.03 Thirty -five Thousand and No /100 Dollars ($35,000.00) of Texas Department
of Economic Development contract funds to carry out project administration
activities. A copy of the administration contract will be forwarded by CITY
to Department.
5.02 CITY shall ensure that COMPANY expends the sum of Six Million Five Hundred
Eighty -seven Thousand Eight Hundred Thirty -one and No /100 Dollars ($6,587,831.00) for the
purchase of new machinery and equipment for the Project.
5.03 CITY shall expend Thirty-two Thousand Four Hundred Forty -eight and No /100
Dollars ($34,448.00) of CITY's funds to complete the Project.
ARTICLE VI.
RECITATION BY CITY OF ITS
CONTRACTUAL OBLIGATIONS TO DEPARTMENT
CITY hereby recites that it has contractually agreed to do or provide the following :
6.01 CITY shall provide Department, upon request, evidence that project funds (both
private and contract) are expended as specified in the Texas Department of Economic Development
contract.
6.02 CITY shall provide Department a copy of the contractual agreement between CITY
and COMPANY.
6.03 CITY certifies that its fiscal control and fund accounting procedures are adequate to
assure the proper disbursal of contract funds and the proper accounting of contract funds.
Form.
6.04 CITY shall submit to Department a completed Depository /Authorized Signators
6.05 CITY shall not advertise or solicit bids for construction or rehabilitation of the
Project assisted with funds provided under the contract until CITY has received the applicable
4
prevailing wage rates from the Texas Department of I-Iousing and Community Affairs Iabor
Standards Specialist, P.O. Box 13941, Austin, Texas, 78711-3941.
6.06 CITY shall follow state and federal laws pertaining to the solicitation of bids for
construction or rehabilitation of the Project.
6.07 CITY shall provide documentation to Department that the final plans and
specifications for its water system improvements have been reviewed, and when applicable,
approved by the Texas Natural Resources Conservation Commission prior to construction and prior
to Department's release of Texas Department of Economic Development contract funds for such
activities.
6.08 CITY shall ensure that all acquisition of real property, easements and /or rights -of-
way for this proposed Project is in compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.Sec. 4601 et. seq.) and HUD implementing
regulations (49 C.F.R.Part 24). CITY shall maintain easements and ensure public access to such
easements to the same extent the public would be entitled to access in a similar improvement or
facility. CITY shall impose all usual governmental requirements on such easements and shall
include the easements on all public documents as public land.
6.09 CITY shall provide Department with an assessment which identifies the businesses
located or expected to locate in the area to be served by the proposed infrastructure improvements,
and such assessment shall be provided prior to Department's release of project funds. Such
assessment shall include, for each identified business, a projection of the number of jobs to be
created or retained as a result of the public improvements within a period of three (3) years
following the completion of the public improvements.
6.10 At the close -out of the contract, CITY shall submit to Department a copy of
COMPANY's payroll verifying the number of persons employed.
6.11 CITY shall provide Department with a copy of the flood insurance policy which
covers COMPANY's project site, or an original signed statement which indicates that the site does
not require flood insurance.
6.12 CITY shall provide Department with a copy of the site survey used to award the
construction contract for the proposed public infrastructure improvements identified in the
Performance Statement attached hereto as Exhibit "D." Such survey shall depict the dimensions of
the public infrastructure, easements, encroachments, ingress and egress, including the location of
COMPANY's facilities, flatwork, driveways and the connections to the public infrastructure. If not
detailed in the site survey, CITY shall provide Department with a plat identifying the names of the
property owners adjacent to the public infrastructure improvements, including the name and location
of any other business that could utilize the proposed infrastructure improvements.
5
6.13 Upon completion of construction, CITY shall provide Department with a copy of
the site survey for the completed public infrastructure improvements identified in the Performance
Statement attached hereto as Exhibit "D." Such survey shall depict the dimcnsions of the public
infrastructure, easements, encroachments, ingress and egress, including the location of
COMPANY's facilities, flatwork, driveways and the connections to the public infrastructure.
6.14 CITY shall submit to Department a ledger with supporting documentation to include
invoices or receipts and canceled checks documenting CITY's matching expenditures in the amount
of Thirty -two Thousand Four Hundred Forty -eight and No /100 Dollars ($32,448.00) for street
improvements.
6.15 CITY shall submit to Department a ledger with supporting documentation to include
invoices or receipts and canceled checks documenting COMPANY's matching cxpenditures in the
amount of Six Million Five Hundred Eighty -seven Thousand Eight Hundred Thirty -one and No/ 100
Dollars ($6,587,831.00) for the purchase of new machinery and equipment for this Project.
6.16 CITY shall maintain fiscal records and supporting documentation for all expenditures
of funds made under the Texas Department of Economic Development contract in a manner which
conforms to the specifications delineated in such contract. Such records shall include data on the
racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or
beneficiaries of the funds provided under such contract. CITY shall retain such records, and any
supporting documentation, for the greater of three years from close -out of the contract or the period
required by other applicable laws and regulations.
CITY shall give the United States Department of Housing and Urban Development (HUD),
the Inspector General, the General Accounting Office, the Auditor of the State of Texas, and
Department, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, and other papers, things, or property belonging to or in use
by CITY pertaining to the Texas Department of Economic Development contract including records
concerning the past use of CDBG funds. Such rights to access shall continue as long as the records
are retained by CITY. CITY agrees to maintain such records in an accessible location and to
provide citizens reasonable access to such records consistent with the Texas Public Information Act.
6.17 CITY shall ensure that no employee, officer, or agent of CITY shall participate in the
selection, or in the award or administration of a subcontract supported by funds provided hereunder
if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise
when: 1) the employee, officer, or agent; 2) any member of his or her immediate family; 3) his or
her partner; or, 4) any organization which employs, or is about to employ any of the above, has a
financial or other interest in the firm or person selected to perform the subcontract. CITY shall
comply with Chapter 171, Local Government Code.
In all cases not govemed by the above paragraph of this section 6.17, and except for eligible
administrative or personnel costs, no persons specified in the below paragraph of this section 6.17
who exercise or have exercised any functions or responsibilities with respect to the activities under
6
the Texas Department of Economic Development contract or any other CDBG contract or who are
in a position to participate in a decision - making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from the activity, or have an interest or
benefit from the activity, or have any interest in any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or
business ties during their tenure or for one year thereafter.
The conflict of interest provisions of section 6.17 apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of CITY or of a subcontractor of
CITY.
6.18 CITY shall ensure that no person shall on the ground of race, color, national origin,
religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, be
subjected to discrimination under or be denied access to any program or activity funded in whole
or in part with funds made available under the Texas Department of Economic Development
contract.
None of the performances rendered by CITY under such contract shall involve, and no
portion of the funds received by CITY under such contract shall be used in support of any sectarian
or religious activity, nor shall any facilities used in the performance of such contract be used for
sectarian instruction nor as a place of religious worship. CITY shall comply with regulations
promulgated by HUD at 24 C.F.R. Sec. 570.200(j).
6.19 CITY shall give Department immediate notice in writing of 1) any action, including
any proceeding before an administrative agency, filed against CITY arising out of the performance
of any subcontract hereunder; and 2) any claim against CITY, the cost and expense of which CITY
may be entitled to be reimbursed by Department. Except as otherwise directed by Department,
CITY shall furnish immediately to Department copies of all pertinent papers received by CITY with
respect to such action or claim. CITY shall require COMPANY to notify Department immediately
of any legal action filed against it or of any proceeding filed under the federal bankruptcy code.
CITY shall submit a copy of such notice to Department within 30 days after receipt. No funds
provided under the Texas Department of Economic Development contract may be used in the
payment of any costs incurred from violations or settlements of or failure to comply with federal and
state regulations.
ARTICLE VII.
MONITORING
7.01 CITY shall have the right to make, at a minimum, quarterly on -site visits to
COMPANY and COMPANY's project site to assess/monitor COMPANY's compliance with the
terms of this Agreement, including access to records regarding hiring practices related to jobs
created, and including access to COMPANY's facilities and operations that are used and carried out
pursuant to the terms of this Agreement. After each monitoring visit, CITY shall provide
7
COMPANY with a written report of the monitoring findings. In the event that CITY notes
deficiencies in COMPANY's performance under this Agreement, then the monitoring report shall
include requirements for the timely correction of such deficiencies by COMPANY.
ARTICLE VIII.
WAIVER OF RIGHTS AND REMEDIES
8.01 No waiver by either party hereto of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same
term or condition.
8.02 It is expressly understood and agreed by and between the parties hereto that waiver
of any right or remedy provided under this Agreement shall not preclude the exercise of any other
right or remedy under this Agreement or any provision of law, nor shall any action taken in the
exercise of any right or remedy be deemed a waiver of any other rights or remedies.
ARTICLE IX.
ASSIGNMENT
9.01 This Agreement shall not be assignable by COMPANY without prior express written
consent of CITY. In the event of an assignment by COMPANY to which CITY has consented, then
and in that event the assigned or its legal representative shall be bound to agree in writing with CITY
to personally assume, perform, and be bound by all covenants, obligations and agreements contained
herein.
ARTICLE X.
SUCCESSORS AND ASSIGNS
10.01 Subject to Article IX herein regarding assignment, this Agreement shall be binding
on the successors and assigns of the respective parties.
ARTICLE XI.
ENTIRE AGREEMENT
11.01 This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement, or promise relating to the subject matter of this Agreement which is not contained herein
shall be valid or binding.
11.02 If any conflict exists between this Agreement and the Texas Department of Economic
Development contract, as amended, then and in that event the Texas Department of Economic
Development contract shall govem.
8
ARTICLE XII.
CHANGES AND AMENDMENTS
12.01 Except as specifically provided otherwise in this Agreement, any alteration, addition
or deletion to its terms shall be by amendment hereto in writing, and shall be executed by both
parties to this Agreement.
12.02 Any alteration, addition or deletion to the terms of this Agreement that are required
by changes in federal or state law or regulations, including specifically those set forth in the various
sections and exhibits to the Texas Department of Economic Development contract, are automatically
incorporated into this Agreement without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
ARTICLE XIII.
NON - PERFORMANCE BY COMPANY
13.01 In the event that COMPANY should default in any of its obligations or covenants
imposed by this Agreement, then and in that event COMPANY shall be liable to CITY, in addition
to any other damages suffered by CITY by virtue of such default, for reimbursement of any and all
monies which CITY shall be obligated to reimburse Department or any other agency as a result of
such default by COMPANY.
ARTICLE XIV.
TERMINATION
14.01 CITY shall have the right to terminate this Agreement, in whole or in part, at any
time before the date of completion specified in Article II herein, whenever CITY determines that
COMPANY has failed to comply with any terms. CITY shall notify COMPANY in writing prior
to the twentieth (20th) day preceding the intended effective date of such termination of the reasons
thereof and the portion or portions of the Agreement to be terminated in the event of partial
termination.
14.02 Either of the parties to this Agreement shall have the right to terminate this
Agreement, in whole or in part, provided that both parties agree in writing to the conditions of such
termination.
14.03 In the event of early termination of this Agreement, COMPANY shall not be relieved
of any liability to CITY for damages due CITY by virtue of any breach of this Agreement by
COMPANY.
ARTICLE XV.
INDEMNIFICATION
15.01 COMPANY shall comply with the requirements of all applicable laws, rules and
regulations, and shall indemnify and hold harmless CITY, its officers, agents and employees from
9
and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs,
and attorney's fees, for injury to or death of any person, or for damage to any property, arising out
of or in connection with work done by COMPANY under this Agreement.
ARTICLE XVI.
RELEASE
16.01 COMPANY assumes full responsibility for the work to be performed hereunder, and
hereby releases, relinquishes and discharges CITY, its officers, agents and employees, from all
claims, demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to, including death, of any person (whether that be a third person, contractor.
or employee of either of the parties hereto) and any loss of or damage to property (whether the same
be that of either of the parties hereto or of third parties) caused by or alleged to have been caused
by, arising out of, or in connection with COMPANY's work to be performed hereunder whether or
not said claims, demands and causes of action in whole or in part are covered by insurance.
ARTICLE XVII.
VENUE
17.01 This Agreement shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
ARTICLE XVIII.
ATTORNEY'S FEES
18.01 In the event that any action at law or in equity is necessary to enforce or interpret the
terms of this Agreement, then and in that event the prevailing party shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such party
may be entitled.
ARTICLE XIX.
NOTICE
19.01 Notice shall be mailed to the addresses designed hereunder, or as may be designated
in writing by the parties from time to time, and shall be deemed received when sent postage- prepaid
U.S. mail to the following:
CITY:
10
City of Round Rock
Att: Mayor Charles Culpepper
I\ �l Offo B x 127 e�al 6, MAIO STREET
Round Rock, TX 48602-
18144
of
ATTEST:
COMPANY: Columbia/St. David's Round Rock Hospital
Att: Malcolm Belisle
48 Sa,..7.Qc ' 3e.(,z1800
R kL TX 78602 IN 870
ptiv
WITNESS WHEREOF, this Agreement is executed on this the 7D day of the month
, 1998.
COLUMBIA/ST. DAVID'S ROUND ROCK HOSPITAL
By:
Malcolm Belisle, Gltie€- Financial Officer
J� P. cofpe ..71'e See e
J� nne Land, City Secretary Charles Culpepper, 'ayor
CITY OF J OUND ROCK, TEXAS
11
EXHIBIT A
BUSINESS INFORMATION FOR COLUMBIA/ST. DAVID'S
Job Title Skill Level ## of Jobs Rate of Pay
Licensed Vocational Technical 24 $628.40/wk
Nurses
Pharmacy Tcch Technical 1 $380.80 /wk
Radiology Tech Technical 8 $616.40/wk
Laboratory Tech Technical 4 $642.40/wk
Food Service Unskilled 8 $333.20/wk
Environmental Unskilled 2 $295.60/wk.
Service
Laundry Unskilled 2 $304.00/wk
Plant Operations Technical 1 $418.40/wk
Mechanic
Medical Records Clerical 6 $364.80/wk
Admitting Re Clerical 2 $366.00/wk
9 CS 1995 1 : SSAM FROM P_ 2
EXHIBIT B
Columbia/St. David's Round Rock Hospital is an equal opportunity employer. Columbia/St.
David's Round Rock Hospital has a formalized affirmative action program on file in the office of
the Equal Employment Opportunity Coordinator.
Columbia/St. David's Round Rock Hospital will ensure that fifty -one percent (51 %) of the
newly created jobs will be held by low and moderate incomc persons. Referrals from outside
agencies will be utilized in filling the newly created job openings including, but not limited to, the
local Texas Employment Commission Office and the Private Industry Council. Columbia/St.
David's Round Rock Hospital may advertise position openings in local newspapers of general
circulation in the City of Round Rock, Williamson County and the region. Such advertisement will
carry the statement that Columbia/St. David's Round Rock Hospital is an equal opportunity
employer.
All applicants will be evaluated without regard to race, sex, age, ethnic background, or
religion.
Training will be done by authorized Columbia/St. David's Round Rock Hospital
representatives either through on- the -job instruction, classroom training at the Columbia/St. David's
Round Rock Hospital facility, or hands -on training at another Company- affiliated facility with like
equipment. Training capabilities of the Private Industry Council will be utilized to the extent
practical and appropriate.
`AFFIRM.AT VE. .: :
•. ',. 'Answers,to't fol questions are_vdluntary Your cooperation jsapprec1a>,ed ,_ :'. „.
Date of Birth:
Veteran Status:
Veteran 0 Vietnam Era Vet 0 Disabled Vet 0
month day
_
year
Handicapped: ❑Yes
ONo
Sex: 0 Male 0 Female
RaceJEthnic Origin:
❑Caucasian
°American Indian ❑Black
OHispanic ❑Other
Family Size
One Person
Two Persons
Three Person
Four Person
Five Person
Six Person
Seven Person
Eight Person
Income Limit
$28,450
$32,500
$36,600
$40,650
$43,900
$47,150
$50,400
$53,650
9 —CS -1995 1:SSAM FROM P.3
County Name
Signature
Revised April 1997
Williamson
EXHIBIT C
FAMILY INCOME /SIZE CERTIFICATION
City of Round Rock Columbia /St. David's Round Rock Hospital
Applicant Business
Please print all information below.
1. Employee Name
First
2. Social Security Number
3. Current Job Title 4. Date Hired
5. Including yourself, your spouse, and all dependents living with you, how many people are in your
family?
6. Combined total family income for the past twelve (12) months, starting this month, was (circle one)
AT ABOVE BELOW
the income limit for a family with persons.
(answer from question its)
20
Date
For Of60 Use Only
Lyr(MOd,
Middle Last
1997 Program Year
Contractor shall carry out the following activities in the target area(s) identified on the map in its 1997
Economic Development application:
Project Description
The purpose of this Economic Development project is to provide infrastructure improvements in the form
of water, sewer, and road in support of Columbia /St. David's Healthcare System, L.P. (hereinafter referred to
as the Company). The infrastructure improvements will allow the Company to expand its operations in the
City of Round Rock. The Company operates a full service hospital and clinic.
Financial Information
Contractor shall expend a total of Five Hundred Thirty -two Thousand Four Hundred Forty -eight and No /100
Dollars ($532,448.00) for the following infrastructure activities:
revised 1115/98
Sixty Thousand and No /100 Dollars ($60,000.00) of contract funds for water improvements.
Contractor shall specifically install two thousand four hundred linear feet (2,400 I.f.) of eight -inch (8 ")
distribution line to loop system. Proposed water line to be located as follows:
Street From To Distance
proposed Park Valley Dr. Wyoming Springs Dr. Oakwood Blvd. 2,400 ff.
A total of Four Hundred Seventy -two Thousand Four Hundred Forty -eight and No /100 Dollars
($472,448.00) to construct road improvements, as follows: Four Hundred Forty Thousand and No /100
Dollars ($440,000.00) of contract funds and Thirty -two Thousand Four Hundred Forty -eight and No /100
Dollars ($32,448.00) of Contractor's funds. Contractor shall use Contractor's funds prior to contract funds.
Contractor shall specifically construct two thousand four hundred linear feet (2,400 I.f.) of forty (40) feet
wide of asphalt road, with curb and gutter, to include subgrade preparation, flexible base and drainage and
culverts at the following location:
Street
Park Valley Dr.
Engineering
From
Wyoming Springs Dr.
EXHIBIT D
PERFORMANCE STATEMENT
City of Round Rock
Page 1 of 2
To Distance
Oakwood Blvd. 2,400 I.f.
Contractor shall ensure that the Company expends Six Million Five Hundred Eighty-seven Thousand Eight
Hundred Thirty -one and No /100 Dollars ($6,587,831.00) of its funds for the purchase of machinery and
equipment.
Contractor shall provide to Department, upon request, evidence that project funds, both private and
contract, were expended as specified in this EXHIBIT A and in EXHIBIT B of this contract.
Contractor shall not expend contract funds for project - related engineering services, including preliminary
and final design plans and specifications, interim and final inspections. Contractor agrees to fund any
engineering expenses with Contractors funds.
Administration
Contractor shall expend Thirty -five Thousand and No /100 Dollars ($35,000.00) of contract funds to carry
out project administration activities, including the cost associated with the required program fiscal and compli-
ance audit,
Project Outcomes
As a result of this project, Contractor shall ensure that the Company creates fifty -eight (58) jobs of which
fifty -one percent (51 %), or thirty (30), shall be held by low and moderate income persons prior to the
expiration date of this contract. In the event more than fifty -eight (58) permanent jobs are created, Contractor
shall ensure that at least fifty -one percent (51 %) of all jobs created, during the contract period, are held by low
and moderate income persons.
Contractor shall also ensure that the Company pays a minimum of thirty (30) of the permanent positions
created a minimum weekly wage of Three Hundred twelve and 70/100 Dollars ($312.70).
revised 1/15/98
Page 2 of 2
STATE OF TEXAS ]
COUNTY OF TRAVIS ]
SECTION 1. PARTIES TO CONTRACT
This contract and agreement is made and entered into by and between the Texas Department of Economic
Development, 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 performance and
accomplishment of the tasks described herein.
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on December 30, 1997, and shall terminate on December 29,
2000, unless otherwise specifically provided by the terms of this contract.
SECTION 3. CONTRACTOR PERFORMANCE
A. Contractor shall conduct, in a satisfactory manner as determined by Department, an economic
development program, hereinafter sometimes referred to as Community Development Block Grant (CDBG),
in a non - entitlement area under Title I of the Housing and Community Development Act of 1974, as amended
(42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act and the implementing regulations at 24
C.F.R. Part 570 and 57 Fed. Reg. 53388 et seq. (Nov. 9, 1992), hereinafter, referred to as the Regulations.
Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter
referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Project Implementation Schedule,
hereinafter referred to as Exhibit C; the Applicable Laws and Regulations, hereinafter referred to as Exhibit D;
the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements
made by Contractor in its application for the project funded under this contract; and with all other terms,
provisions, and requirements set forth in this contract.
B. In the event Contractor fails to satisfy any special condition of this contract, fails to implement the project
described in Exhibit A, Performance Statement, of this contract, including ensuring the creation or retention of
the number of permanent jobs specified therein, or fails to comply with any provision of this contract, in
addition to the remedies specified elsewhere in this contract, Contractor may be liable to Department for an
amount not to exceed Department's maximum obligation under this contract, and may be barred from
applying for or receiving additional Texas Community Development Program (TCDP) contracts until
repayment to the Texas Department of Housing and Community Affairs (TDHCA) is made and any other
compliance or audit finding is resolved.
levieed 1!15/90
TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT
CONTRACT FOR
THE TEXAS CAPITAL FUND
Page 1 of 14
SECTION 4. DEPARTMENT OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract,
Department will be liable for actual and reasonable costs incurred by Contractor during the contract period for
performances rendered under this contract by Contractor, subject to the limitations set forth in this Section.
revised 1/15/98
1. It is expressly understood and agreed by the parties hereto that Department's obligations under this
Section are contingent upon the actual receipt of adequate state or federal funds to meet Department's
liabilities under this contract. If adequate funds are not available to make payments under this contract,
Department will notify Contractor in writing within a reasonable time after such fact is determined.
Department may terminate this contract and will not be liable for failure to make payments to Contractor
under this contract.
2. Department will not be liable to Contractor for any costs incurred by Contractor, or any portion
thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been
reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than
Department or Contractor.
3. Department will not be liable to Contractor for any costs incurred by Contractor which are not
allowable costs, as set forth in Section 6 (A) of this contract.
4. Department wit not be liable to Contractor for any costs incurred by Contractor or for any
performances rendered by Contractor which are not strictly in accordance with the terms of this contract,
including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract.
5. Department may not be liable to Contractor for any costs incurred by Contractor in the performance
of this contract which have not been billed to Department by Contractor within sixty (60) days following
termination of this contract unless otherwise provided for in the Certificate of Completion referred to in
Section 8 (C) of this contract.
6. Department will not be liable for costs incurred or performances rendered by Contractor before
commencement of this contract or after termination of this contract, except as may be specifically set
forth in Exhibit B, Budget, of this contract.
7. Department will not be liable for costs incurred and reserved on the Certificate of Completion if
such costs are not billed to Department within twelve months after the end of Contractor's fiscal year that
follows the termination date of this contract. Funds not requested will be deobligated by Department.
B. Excess Payments
Contractor will refund to TDHCA any sum of money which has been paid to Contractor by TDHCA or
Department, which Department determines has resulted in overpayment to Contractor, or which Department
determines has not been spent by Contractor strictly in accordance with the terms of this contract. No refund
payment(s) may be made from local, state, or federal grant funds unless repayment with grant funds is
specifically permitted by statute or regulation. Such refund will be made by Contractor to TDHCA within thirty
(30) working days after such refund is requested by Department.
C. Limit of Liability
Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred
by Department under this contract shall not exceed the sum of Five Hundred Thirty -five Thousand and
No /100 Dollars ($535,000.00).
Page 2 of 14
SECTION 5. METHOD OF PAYMENT
A. Contractor shall submit to Department at its offices in Travis County, Texas, a properly completed
Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually needed.
Department will determine the reasonableness of each amount requested and will not make disbursement of
any such payment until Department has reviewed and approved such Request. Request for reimbursement
must be supported by documentation as referenced in the 1994 version of the TCF Project Implementation
Manual and subsequent policy updates.
B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective
operation of programs under this contract, and shall be timed as closely as possible to be in accord with
actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the
transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as soon as
administratively possible.
C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agreed by
the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory
performance of its obligations under this contract.
D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this
Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy
under this contract or under any provision of law, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy
hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND PROGRAM INCOME
A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the
Regulations and, for matters not addressed therein, with Office of Management and Budget (OMB) Circular
A -102, as revised January 1981, in performing this contract. The allowability of costs incurred for
performances rendered hereunder shall be determined in accordance with OMB Circular A -87, as
supplemented by the rules promulgated by the Office of the Governor under the Uniform Grant and Contract
Management Act of 1981 (TEX. GOVT CODE ANN. Chapter 783), and this contract.
B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to
account for program income related to activities financed in whole or in part with funds provided under this
contract. Program income is defined as the gross income received by Contractor that was generated from
the use of CDBG funds.
,ew,ed / 5/98
1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in
the same manner as required for all other funds under this contract, and Contractor shall provide reports
of program income to Department with each form submitted by Contractor in accordance with Section 5
of this contract, and at the termination of this contract. Contractor shall report the amount of program
income recaptured to Department with updates concerning the status of outstanding loans or leases,
including but not limited to payments received and amendments to the original loan or lease agreement,
as required by this contract.
2. Contractor hereby agrees not to participate in program income recapture and understands that
program income earned by Contractor from this contract will be utilized by Department in a statewide
revolving loan fund for other eligible economic development projects. Program income earned by
Contractor from this contract shall be sent to TDHCA by Contractor within ten days after receipt by
Contractor. By agreeing to this measure, Contractor will be eligible to apply for as many Texas Capital
Fund awards during the 1997 Texas Capital Fund program year as it has eligible projects, however
Page 3 of 14
revised 1/15 /99
Contractor must be in compliance with the thirty-six (36) month threshold requirement as specified in the
1997 TCDP Program Action Plan.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds
made under this contract in a manner which conforms to OMB Circular A -87, Section 570.490 of the
Regulations, and this contract. Such records shall include data on the racial, ethnic, and gender
characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under
this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three
years from close -out of this contract or the period required by other applicable laws and regulations as
described in the Regulations.
B. Contractor shall give the United States Department of Housing and Urban Development (HUD), the
Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department, or any
of their duly authorized representatives, access to and the right to examine all books, accounts, records,
reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining to this
contract including records concerning the past use of CDBG funds. Such rights to access shall continue as
long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible
location and to provide .citizens reasonable access to such records consistent with the Texas Public
Information Act.
C. Contractor shall include the substance of this Section 7 in all subcontracts.
SECTION 8. REPORTING REQUIREMENTS
A. Contractor shall submit to Department such reports on the operation and performance of this contract as
may be required by Department including but not limited to the reports specified in this Section 8.
B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of
each calendar Quarter of the contract period specified in Section 2. a Quarterly Progress Report. a Minority
Business Enterprise Report (MBE). a Private Business Employment Report (PBE). an Employee Summary
Report and a Quarterly Connection Report. if applicable, The Quarterly Progress Report shall identify the
progress, in narrative form, of all construction and non - construction activities by budget categories performed
pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget
category made pursuant to Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be in a
format prescribed by Department and shall include all such activities. expenditures, and obligations made or
performed under this contract during the previous quarter.
C. Contractor shall submit a Certificate of Completion to Department no later than sixty (60) days after the
contract termination date or at the conclusion of all contract activities as determined by Department. The
Certificate of Completion shall be in a format prescribed by Department and shall include a final Project
Completion Report of all activities performed under this contract.
D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and
agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory
manner any report required by this contract. Department may, at its sole option and in its sole discretion,
withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds
such payments, it will notify Contractor in writing of its decision and the reasons therefor. Payments withheld
pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which
funds are withheld are fulfilled by Contractor.
Page 4 of 14
SECTION 9. MONITORING
Department reserves the right to perform periodic on -site monitoring of Contractor's compliance with the
terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under
this contract. After each monitoring visit, Department will provide Contractor with a written report of the
monitors findings. If the monitoring report notes deficiencies in Contractor's performances under the terms of
this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by
Contractor. Failure by Contractor to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor as
an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to
indemnify Department from and against any and all claims, demands, and causes of action of every kind and
character which may be asserted by any third party occurring or in any way incident to, arising out of, or in
connection with the services to be performed by Contractor under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may
subcontract for performances described in this contract without obtaining Department's prior written approval.
Contractor shall only subcontract for performances described in this contract to which the federal labor
standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by
Department, for each such proposed subcontract, and Contractor has obtained Department's prior written
approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract.
Contractor, in subcontracting for any performances described in this contract, expressly understands that in
entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain
Departments prior written approval of a subcontractor's eligibility, be construed as relieving Contractor of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to
comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor.
Department's approval under Section 11 does not constitute adoption, ratification, or acceptance of
Contractor's or subcontractor's performance hereunder. Department maintains the right to insist upon
Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11,
Department does not waive any right of action which may exist or which may subsequently accrue to
Department under this contract.
C. Contractor shall comply with all applicable federal, state and local laws, regulations, and ordinances for
making procurements under this contract.
D. Department will maintain an escrow retainage in the amount of five percent (5 %) of each construction or
rehabilitation subcontract entered into by Contractor until Department determines that the Federal labor
standards requirements applicable to each such subcontract have been satisfied.
SECTION 12. CONFLICT OF INTEREST
A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the
selection, or in the award or administration of a subcontract supported by funds provided hereunder if a
conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: 1) the
employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any
organization which employs, or is about to employ any of the above, has a financial or other interest in the
revised 1 553
Page 5 of 14
firm or person selected to perform the subcontract. Contractor shall comply with Chapter 171, Local
Government Code.
B. In all cases not governed by Subsection (A) of this Section and except for eligible administrative or
personnel costs, no persons specified in Subsection (C) of this Section who exercise or have exercised any
functions or responsibilities with respect to the activities assisted under this contract or any other CDBG
contract or who are in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or
benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto,
or the proceeds thereunder, either for themselves or those with whom they have family or business ties
during their tenure or for one year thereafter.
C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor.
D. Contractor shall include the substance of this section in all subcontracts.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion, sex,
age, or handicap be excluded from participation in, be denied the benefits of, be subjected to discrimination
under or be denied access to any program or activity funded in whole or in part with funds made available
under this contract.
B. None of the performances rendered by Contractor under this contract shall involve, and no portion of the
funds received by Contractor under this contract, shall be used in support of any sectarian or religious
activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as
a place of religious worship. Contractor shall comply with regulations promulgated by HUD at 24 C.F.R. Sec.
570.200(j).
SECTION 14. LEGAL AUTHORITY
A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this
contract. receive funds authorized by this contract, and to perform the services Contractor has obligated itself
to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Contractor, or representing
themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee
that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor
and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth.
C. Department will have the right to suspend or terminate this contract if there is a dispute as to the legal
authority of either Contractor or the person signing this contract to enter into this contract, any amendments
hereto or to render performances hereunder. Contractor is liable to Department for any money it has
received from Department for performance of the provisions of this contract, if Department has suspended or
terminated this contract for reasons enumerated in this Section 14.
SECTION 15. LITIGATION AND CLAIMS
Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding
before an administrative agency, filed against Contractor arising out the performance of any subcontract
hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to
be reimbursed by Department. Except as otherwise directed by Department, Contractor, shall furnish
immediately to Department copies of all pertinent papers received by Contractor with respect to such action
,.vi..d vis,se
Page 6 of 14
or claim. Contractor shall require the business funded under this contract to notify the Department
immediately of any legal action filed against the business or of any proceeding filed under the federal
bankruptcy code. Contractor shall submit a copy of such notice to Department within 30 days after receipt.
No funds provided under this contract may be used in the payment of any costs incurred from violations or
settlements of or failure to comply with federal, state, and regulations.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the
terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract must be
rendered in accordance with the Act, the Regulations, the assurances and certifications made to Department
by Contractor, and the assurances and certifications made to HUD by the State of Texas with regard to the
operation of the Texas Community Development Program. Based on these considerations, and in order to
ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto
that the performances under this contract are amended by the provisions of the most recent version of the
TCF Project Implementation Manual and any amendments thereto and may further be amended in the
following manner: Department may from time to time during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance requirements under this contract.
Such policy directives shall be promulgated by Department in the form of TCF issuances, shall have the
effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein,
provided however that said policy directives and any amendments to said Manual shall not alter the terms of
this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse
costs incurred by Contractor prior to the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in
Federal or state law or regulations are automatically incorporated into this contract without written
amendment hereto, and shall be come effective on the date designated by such law or regulation.
D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds between or
among budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or otherwise
requiring Department's prior written approval provided that:
revised 1/15 /913
1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less
than five percent (5 %) of the total amount of this contract as specified in Section 4 (C) herein;
2. The transfer will not change the scope or objective of the projects funded under this contract; and
3. Contractor submits a budget revision report to Department, on a form specified by Department,
simultaneously with the submission of Contractor's first Request for payment following any such
transfers made in accordance with this Subsection D.
SECTION 17. SUSPENSION
Notwithstanding the provisions of Tex. Gov't Code Ann. Chapter 2251, in the event Contractor fails to comply
with any term of this contract, Department may, upon written notification to Contractor, suspend this contract
in whole or in part and withhold further payments to Contractor, and prohibit Contractor from incurring
additional obligations of funds under this contract.
SECTION 18. TERMINATION
A. Department will have the right to terminate this contract, in whole or in part, at any time before the date
of completion specified in Section 2 of this contract whenever Department determines that Contractor has
Page 7 of 14
failed to comply with any term of this contract. Department will notify Contractor in writing upon a termination
determination; the reasons for such termination; the effective date of such termination; and in the case of
partial termination, the portion of the contract to be terminated.
B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part,
when both parties agree that the continuation of the activities funded under this contract would not produce
beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in
writing, upon the termination conditions, including the effective date of such termination; and in the case of
partial termination, the portion of the contract to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel,
withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this
contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department
will not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract.
D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract,
or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to
Department for damages due to Department by virtue of any breach of this contract by Contractor.
Department may withhold payments to Contractor until such time as the exact amount of damages due to
Department from Contractor is agreed upon or is otherwise determined.
E. In accordance with Section 18 of this contract, this contract will terminate six (6) months after the
commencement date specified in Section 2 unless the project funded under this contract has begun by such
date. Minimum documentation required for compliance shall consist of the following: completion of Section
20, Environmental Clearance Requirements and Section 22, Special Conditions A.1., A.2., and B.1.
SECTION 19. AUDIT
A. Contractor shall arrange for the performance of an annual financial and compliance audit of funds
received and performances rendered under this contract, subject to the following conditions and limitations:
1. Contractors expending $300,000 or more in Federal financial assistance for any fiscal year ending on
or after June 30, 1997, shall have an audit made in accordance with Department's supplemental audit
guide, the Single Audit Act Amendments of 1996, 31 U.S.C. 7507, and OMB Circular No. 133 - Revised
June 30, 1997, "Audits of States, Local Governments, and Non - Profit Organizations." For purposes of
this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the
form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies,
insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The
term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly
through other units of State and local government;
2. Notwithstanding Section 4(a)(5) and Section 4(a)(6), Contractor shall utilize funds budgeted under
this contract to pay for that portion of the cost of such audit services properly allocable to the activities
funded by Department under this contract, provided however that Department shall not make payment for
the cost of such audit services until Department has received a satisfactory audit report, as determined by
Department, from Contractor,
3. Contractor shall submit two (2) copies of the report of such audit to Department within thirty (30) days
after the completion of the audit, but no later than nine (9) months after the end of the audit period.
However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and
submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after the end of the
audit period. Contractor shall ensure that the audit report is made available for public inspection within
thirty (30) days after completion of the. audit. Audits performed under Subsection A of this Section 19 are
subject to review and resolution by Department or its authorized representative;
revised insure
Page 8 of 14
4. The audit report must include verification of all expenditures by budget category including matching
funds, in accordance with Exhibit B, Budget, of this contract.
B. Notwithstanding Subsection A of this Section 19, Contractors expending less than $300.000 in Federal
financial assistance, may arrange for the performance of an annual financial statement audit. Such audit
should include verification as requested on Subsection (A)(4) of this Section 19.
C. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual
financial and compliance audit of funds received and performances rendered under this contract. Contractor
agrees to permit Department or its authorized representative to audit Contractor's records and to obtain any
documents, materials, or information necessary to facilitate such audit.
D. Contractor understands and agrees that it shall be liable to Department for any costs disallowed pursuant
to financial and compliance audit(s) of funds received under this contract. Contractor further understands and
agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds
which were not provided or otherwise made available to Contractor under this contract.
E. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant
to this Section 19 as Department may require of Contractor.
F. Contractor shall procure audit services through an open, competitive process at least once every four
years. The auditor shall retain working papers and reports for a minimum of three years after the date of
issuance of the auditor's report to the auditee. Audit working papers shall be made available upon request to
Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry
out oversight responsibilities consistent with the purposes of this part. Access to working papers includes the
right to obtain copies of working papers, as is reasonable and necessary.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the
responsibilities for environmental review, decision making, and other action which would otherwise apply to
Department under Section 5304(0 of the Act, in accordance with and to the extent specified in 24 C.F.R. Part
58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that
Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to
environmental reviews covered by approved certifications.
B. Funds provided under this contract may be obligated and expended before the actions specified in this
Section occur only for the following eligible activities:
1. The payment of reasonable planning and administrative costs related to the project;
2. Environmental studies, including environmental clearance activities required by this Section; and
3. The payment or reimbursement of reasonable project engineering and design costs incurred for
this project.
C. Contractor shall prepare a written Environmental Assessment of its activities in accordance with 24
C.F.R. Part 58, Subpart E, and the most recent version of the TCF Project Implementation Manual.
Contractor must then follow the steps specified in this subsection to ensure compliance with the National
Environmental Policy Act (NEPA). When the Environmental Assessment is completed, Contractor must
follow one of the following two (2) procedures. The first is a Finding of Significant Impact, in which the
Request for Release of Funds for the project is an action which may significantly affect the quality of the
human environment. If this is the case, Contractor must then prepare an Environmental Impact Statement in
revised 1 /s5 /98
Page 9 of 14
accordance with Subpart F or Subpart G of 24 C.F.R. Part 58. The second and more common procedure
must be followed for all projects not requiring an Environmental Impact Statement. Contractor in this instance
must publish, in the manner prescribed in 24 C.F.R. Sections 58.43 and 58.45, a combined legal notice in a
single publication: A Finding of No Significant Impact, and a Notice of Intent to Request Release of Funds.
In the first part of this notice, Contractor certifies that, as a result of the Environmental Assessment, the
project is not an action which may or will significantly affect the quality of the human environment. Contractor
shall then provide the public with at least fifteen (15) calendar days to comment on this combined notice
following its publication date, unless exceptional circumstances exist as specified in 24 C.F.R. Section 58.46.
If no unresolved problems occur, Contractor must then concurrently submit to Department the following
documents:
1. A Publisher's Affidavit and Certification form, for the combined legal notice; and
2. A Request for Release of Funds form.
Upon receipt of such documents, Department must allow a fifteen (15) calendar days comment period to
expire before it can formally release any project funds which are subject to the environmental review
regulations. Contractor must comply with all other applicable environmental requirements as specified in
Exhibit D of this contract. Contractor shall document its compliance with such other requirements in its
environmental review file..
SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS
A. Contractor shall provide for and encourage citizen participation, particularly by low and moderate
income persons who reside in slum or blighted areas and areas in which the funds provided under this
contract are Used, in accordance with Section 570.486 of the Regulations and this contract;
B. Contractor shall hold a public hearing concerning any activities proposed to be added, deleted, or
substantially changed, as determined by the Department, from the activities specified in Exhibit A,
Performance Statement, of this contract;
C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance
under this contract;
D. For each public hearing scheduled and conducted by Contractor under this section, Contractor shall
comply with the following requirements:
re vie ed 1115,98
1. Notice of each hearing shall be published in the non -legal section of a newspaper having general
circulation in Contractor's jurisdiction at least seventy-two (72) hours prior to each scheduled hearing.
The published notice shall include the date, time, and location of each hearing and the topics to be
considered at each hearing. The published notice shall be printed in both English and Spanish, if
appropriate. Department shall accept articles published in such newspapers which satisfy the content
and timing requirements of this subsection. In addition, Contractor shall prominently post such notices
in public buildings and distribute them to interested community groups.
2. Public hearings shall be held on a Saturday or after 5 p.m. on a weekday and hearings shall be
conducted at a location convenient to potential or actual beneficiaries, with accommodation for the
disabled.
3. When a significant number of non - English speaking residents can reasonably be expected to
participate in a public hearing, Contractor shall provide an interpreter to accommodate the needs of the
non - English speaking residents.
Page 10 of 14
E. Notwithstanding the provisions of Section 7 of this contract, Contractor shall retain documentation of the
public hearing notices, a list of the attendees at each hearing, and minutes of each hearing held in
accordance with this section for a period of three (3) years after the termination of this contract. Contractor
shall make such records available to the public in accordance with TEX. GOVT CODE ANN. Chapter 552;
F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a
timely written response to complaints and grievances. Such procedures shall comply with the requirements
of the Texas Community Development Program Complaint System, 10 TAC Sec. 1.11 -1.13. Contractor shall
ensure that its citizens are aware of the location and hours at which they may obtain a copy of the written
procedures and the address and phone number for submitting complaints.
SECTION 22. SPECIAL CONDITIONS
A. Contractor shall submit to Department the following Special Conditions prior to release of contract funds,
hereinafter defined as any funds provided by Department under this contract:
revised 1/15/98
1. A properly completed Depository/Authorized Signators Designation form, as specified by
Department, and a copy of the resolution authorizing the signators from Contractor.
2. A copy of the administration contract, if applicable. The administration contract shall conform with
guidelines established by the Department and in effect as of the commencement date of this contract.
B. Contractor shall satisfy the following Special Conditions prior to release of contract funds, excluding
funds budgeted for architecture/engineering and administration:
1. Contractor shall submit to Department a copy of its executed contract agreement with Columbia /St.
David's Healthcare System, L.P. (or the "Company" hereafter). Such document shall detail the terms
and conditions, including the following:
a. The types of positions, number, wage scales and minimum skill levels of all permanent
positions to be created /retained as a result of this project, including a provision requiring the
following: fifty-one percent (51 %) or more of all jobs created are provided to low -to- moderate in-
come persons; a minimum of 30 jobs created be paid a minimum weekly salary of Three Hundred
Twelve and 70/100 Dollars ($312.70);
b. A condition requiring Company submit to Contractor a copy of the Company's payroll verifying
the number of persons employed at the Round Rock, Texas location as of the commencement date
identified in Section 2, to establish a starting benchmark. At the minimum, the payroll report shall
provide the following information for all employees: Full name of employee, Social Security Number,
and indicate whether employee is full time or part time as defined in the most recent version of the
TCF Implementation Manual. In addition, a payroll report in the same format described above shall
be submitted with the close -out of this contract, to determine the number of jobs created.
c. A condition requiring Company submit to Contractor the Private Business Employment Report
and Employee Summary Report by the 15' day after the calendar quarter end;
d. A hiring plan that includes methods of identifying and training potential low /moderate income job
applicants;
e. The activities to be performed by Contractor and the Company, as specified in Exhibit A, Perfor-
mance Statement, of this contract;
f. A condition stating that Company will be liable to Contractor for an amount not to exceed
Department's maximum obligation under this contract and requiring the Company to repay
Page 11 of 14
revised 1/15/99
Contractor for contract funds expended in the event the Company does not fulfill its responsibilities
under the agreement;
g. A condition which states that assets are restricted from being transferred out of the Company
without the written consent of Department except during the normal course of business (i.e. cash,
fixed assets used in the production process and accounts receivable) during the contract period;
h. A condition which states that the Company certifies that all taxes are current and future taxes
will be paid when due and that allows Contractor to require at anytime, at its option, that company
provide timely proof of payment;
A condition requiring Contractor to make quarterly on -site visits to the Company to as-
sess /monitor the progress toward job creation and requiring the Company to provide to local
officials at the time of on -site visits information regarding job creation and any other information
deemed necessary by Contractor to administer the Texas Capital Fund contract and the agreement
between the Company and the Contractor;
j. Provisions requiring records to be kept and reports to be made regarding the documentation of
low and moderate income benefit and beneficiaries by race, ethnicity, gender, and handicap status in
the same manner and to the same extent as Department requires of Contractor; and
k. Any other relevant details or special conditions placed on the contract/lease between
Department, Contractor and Company.
2. Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assisted
with funds provided under this contract until Contractor has received the applicable prevailing wage rates
from the Texas Department of Housing and Community Affairs Labor Standards Specialist, PO Box
13941, Austin, Texas, 78711 -3941.
3. Contractor shall submit to Department a copy of the Company's payroll verifying the number of
persons employed as described in Special Condition B.1.b.
4. Contractor shall ensure that all acquisition of real property, easements and /or rights -of -way, for this
proposed project, be in compliance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. Sec. 4601 et.seq.), HUD implementing regulations (49 CFR Part 24) and
submit a real property acquisition report. Contractor shall submit to Department certification from the chief
elected official or designee, that all warranty deeds, easements and/or rights -of -way, have been recorded.
This requirement applies to both private and public real property.
5. Contractor shall provide Department with a copy of a "certificate of insurance" verifying flood
insurance which covers the Company's property or an original signed statement from Contractor's chief
elected official, which indicates the Company's property does not require flood insurance.
6. Contractor shall provide Department a copy of the site survey used to award the construction
contract(s) for the proposed public infrastructure improvements identified in the Performance Statement,
Exhibit A. Such survey(s) shall depict the dimensions of the public infrastructure, easements,
encroachments, ingress and egress, including the location of the company's facilities, flatwork, driveways
and the connections to the public infrastructure. If not detailed in the site survey, provide a plat identifying
the names of the property owners adjacent the public infrastructure improvements, including the name and
location of any other business that could utilize the proposed infrastructure improvements.
Page 12 of 14
C. Contractor shall satisfy the following Special Conditions prior to completion or termination of this contract;
and failure to submit these special conditions shall constitute noncompliance with the terms of this
contract.
1. Contractor shall provide to Department a plan approval letter or evidence that the plans and
specifications for construction of improvements to, or the renovation of buildings, described in Exhibit A of
this Contract, have been received by the Texas Department of Licensing and Regulation (TDLR)
concerning the elimination of architectural barriers encountered by persons with disabilities as specified in
TEX.REV.CIV.STAT. ANN.art.9102 and the rules promulgated thereunder. In lieu of a plan approval
letter, evidence of TDLR receipt may be in the form of a copy of a canceled check and return receipt. The
plans and specifications shall be sent to the Texas Department of Licensing and Regulations,
Architectural Barriers Division, P.O. Box 12157, Austin, Texas 78711.
2. Contractor shall provide Department a copy of the site survey for the completed public
infrastructure improvements identified in the Performance Statement, Exhibit A, upon completion of
construction. Such survey(s) shall depict the dimensions of the public infrastructure, easements,
encroachments, ingress and egress, including the location of the Company's facilities, flatwork,
driveways and connections to the public infrastructure.
3. Contractor shall_ submit to Department a copy of the Company's payroll verifying the number of
persons employed at the Round Rock, Texas location for the close -out of this contract as described in
Special Condition B.1.b.
5. Contractor shall submit to Department a ledger with support documentation to include invoices or
receipts and canceled checks documenting Contractor's match expenditures in the amount of Thirty -two
Thousand Four Hundred Forty -eight and No /100 Dollars ($32,448.00) for street improvements.
6. Contractor shall submit to Department a ledger with support documentation to include invoices or
receipts and canceled checks documenting Company's match expenditures in the amount of Six Million
Five Hundred Eighty -seven Thousand Eight Hundred Thirty -one and No /100 Dollars ($6,587,831.00) for
the purchase of machinery and equipment
SECTION 23. DEBARMENT
By signing this contract, Contractor certifies that it will not award any funds provided under this contract to
any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549 and 24 CFR Part 24. Contractor shall receive the
certification provided by the Department from each proposed subcontractor under this contract and its
principals.
SECTION 24. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this contract relating to the subject matter of this
contract that were made prior to the execution of this contract have been reduced to writing and are contained
in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this contract, and
constitute promised performances by Contractor in accordance with Section 3 of this contract:
revised 1/15199
1. Exhibit A, Performance Statement, 2 Pages
2. Exhibit B, Budget, 1 Page
3. Exhibit C, Project Implementation Schedule, 1 Page
4. Exhibit D, Applicable Laws and Regulations, Pages
5. Exhibit E, Certifications, 2 Pages
Page 13 of 14
SECTION 25. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas.
WITNESS OUR HANDS:
This contract and agreement shall commence on December 30, 1997, and shall terminate on December 29,
2000, unless otherwise specifically provided by the terms o this co tract, and is accepted and executed on
behalf of the City of Round Rock on this date /
raised 1115 /9
Charles Culpeppe , Mayor
City of Round Rock
Accepted and executed on behalf of the Texas Department of Economic Development on this date
Rick Thrasher, Executive Director
Texas Department of Economic Development
This contract is not effective unless signed by the Executive Director of the Texas Department of Economic
Development or by his authorized designee.
Page 14 of 14
Contractor shall carry out the following activities in the target area(s) identified on the map in its 1997
Economic Development application:
EXHIBIT A
PERFORMANCE STATEMENT
City of Round Rock
Project Description
The purpose of this Economic Development project is to provide infrastructure improvements in the form
of water, sewer, and road in support of Columbia /St. David's Healthcare System, L.P. (hereinafter referred to
as the Company). The infrastructure improvements wit allow the Company to expand its operations in the
City of Round Rock. The Company operates a full service hospital and clinic.
Financial Information
Contractor shall expend a total of Five Hundred Thirty -two Thousand Four Hundred Forty -eight and No /100
Dollars ($532,448.00) for the following infrastructure activities:
Sixty Thousand and No /100 Dollars ($60,000.00) of contract funds for water improvements.
Contractor shall specifically install two thousand four hundred linear feet (2,400 I.f.) of eight -inch (8')
distribution line to loop system. Proposed water line to be located as follows:
Street From To Distance
proposed Park Valley Dr. Wyoming Springs Dr. Oakwood Blvd. 2,400 I.f.
A total of Four Hundred Seventy-two Thousand Four Hundred Forty -eight and No /100 Dollars
($472,448.00) to construct road improvements, as follows: Four Hundred Forty Thousand and No /100
Dollars ($440,000.00) of contract funds and Thirty-two Thousand Four Hundred Forty -eight and No /100
Dollars ($32,448.00) of Contractor's funds. Contractor shall use Contractor's funds prior to contract funds.
Contractor shall specifically construct two thousand four hundred linear feet (2,400 I.f.) of forty (40) feet
wide of asphalt road, with curb and gutter, to include subgrade preparation, flexible base and drainage and
culverts at the following location:
Street
Park Valley Dr.
revised 1/15/95
From
Wyoming Springs Dr.
Contractor shall ensure that the Company expends Six Million Five Hundred Eighty-seven Thousand Eight
Hundred Thirty-one and No /100 Dollars ($6,587,831.00) of its funds for the purchase of machinery and
equipment.
Contractor shall provide to Department, upon request, evidence that project funds, both private and
contract, were expended as specified in this EXHIBIT A and in EXHIBIT B of this contract.
Engineering
Contractor shall not expend contract funds for project- related engineering services, including preliminary
and final design plans and specifications, interim and final inspections. Contractor agrees to fund any
engineering expenses with Contractor's funds.
Page 1 of 2
To Distance.
Oakwood Blvd. 2,400 I.f.
Administration
Contractor shall expend Thirty-five Thousand and No /100 Dollars ($35,000.00) of contract funds to carry
out project administration activities, including the cost associated with the required program fiscal and compli-
ance audit.
Project Outcomes
As a result of this project, Contractor shall ensure that the Company creates fifty -eight (58) jobs of which
fifty -one percent (51 %), or thirty (30), shall be held by low and moderate income persons prior to the
expiration date of this contract. In the event more than fifty -eight (58) permanent jobs are created, Contractor
shall ensure that at least fifty-one percent (51 %) of all jobs created, during the contract period, are held by low
and moderate income persons.
Contractor shall also ensure that the Company pays a minimum of thirty (30) of the permanent positions
created a minimum weekly wage of Three Hundred twelve and 70/100 Dollars ($312.70).
revised 1115/95
Page 2 of 2
EXHIBIT B
Budget
City of Round Rock
CATEGORIES CODE TCF OTHER TOTAL
Public Facilities
Water Improvements E2B $60,000 $0
Road Improvements E2A $440,000 $32,448 $532,448
Machinery Equipment
Acquisition $0 $6,587,631 $6,587,831
SUBTOTALS $500,000 $6,620,279 $7,120,279
Administration E09 $35,000 $0 $35,000
TOTALS $535,000 $6,620,279 $7,155,279
revised 1/15/98
1. $32,448 Match expenditures by Contractor.
2. $6,587,831 Match expenditures from the Company.
Page 1 of 1
Activity
1
2
3
4
5
b
7
8
9
TO
13
1
T3
Td
15
T6
17
18
T9
20
21
22
23
24
- 25 - 2E
27
Z3
2'9
30
31
32
33
3 - 4 -
3T
'
1. Contract
x
x
x
Negotiation
2. Environmental
x
x
x
Review
3. Real Estate:
Acquisition
NIA
Equity
N/A
4, Infrastructure
x
x
x
x
x
x
x
x
x
x
xx
x
x
x
5. Bldg. Const.
N A
6. Working Capital
N A
7. Mach. 8 Equip.:
Acquisition
x
x
x
x
x
x
x
xx
x
x
x
x
Equity
N A
8. Engineering
xx
x
x
x
x
x
x
xx
x
x
x
x
xx
x
x
x
x
9. Administration
x
x
x
x
x
x
x
x
xx
x
x
x
x
xx
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
10. Audit 1 Closeout
x
xx
xx
xx
11. Other
N/A
NUMBER OF JOBS:
CREATED PER QTR
10
10
10
10
10
8
RETAINED PER QTR
sevlaed 1/15/98
Exhibit C
City of Round Rock
CONTRACT BEGINNING DATE: December 30, 1997
CONTRACT ENDING DATE: December 29, 2000
Page 1 of 1
I. CIVIL RIGHTS
EXHIBIT D
THE APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB
Circulars specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R. Part
205); and with all other federal, state, and local laws and regulations applicable to the activities and performances
rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated
thereunder specified in Section 1 through VI of this Exhibit D.
Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et.seq.); 24 C.F.R. Part 1, "Nondiscrimination in
Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of
the Civil Rights Act of 1964 ";
Title VIII of the Civil Rights Act of 1968, 'The Fair Housing Act of 1968" (42 U.S.C. Sec 3601 et seq.), as
amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and
Equal Opportunity in Housing under Executive Order 11063 ". The failure or refusal of Contractor to comply with
the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of
sanctions specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec, 794.) and "Nondiscrimination Based on Handicap in
Federally- Assisted Programs and Activities of the Department of Housing and Urban Development ", 24 C.F.R.
Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et.
seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective
communication system.
II. LABOR STANDARDS
The Davis -Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a -5);
The Contract Work Hours & Safety Standards Act (40 U.S.C. 327 et.seq.);
The Copeland "Anti- Kickback" Act (18 U.S.C. Sec. 874).
III. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.1701u).
IV. LEAD -BASED PAINT
Section 302 of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures
established by the Department thereunder.
revised (/16/98
Page 1 of 3
V. ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities, 24 CFR Part
58, as amended.
In accordance with the provisions of law cited in §58.1(b), the responsible entity must assume the
environmental responsibilities for projects under programs cited in §58.1(b), and in doing so must comply with
the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental
Quality regulations contained in 40 CFR parts 1500 through 1508. This includes responsibility for compliance
with the applicable provisions and requirements of the Federal laws and authorities specified in §58.5 [below].
The responsible entity must certify that it has complied with the requirements that would apply to HUD under
these laws and authorities and must consider the criteria, standards, policies and regulations of these laws and
authorities.
(a) Historic Properties
(1) The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et. seq.), particularly
sections 106 and 110 (16 U.S.C. 470 and 470h -2), except as provided in §58.17 for Section 17
projects.
(2) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36
FR 8921), 3 CFR 1971 -1975 Comp., p. 559. particularly section 2(c).
(3) Federal historic preservation regulations as follows:
(i) 36 CFR part 800 with respect to HUD programs other than Urban Development Action Grants
(UDAG) and
(ii) 36 CFR part 801 with respect to UDAG.
(4) The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act
of 1974 (16 U.S.C. 469 et. seq.), particularly section 3 (16 U.S.C. 469a -1).
(b) Floodplain management and wetland protection
(1) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp.,
p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the order
(For an explanation of the relationship between the decision - making process in 24 CFR part 55 and
this part, see §55.10 of this subtitle A.)
(2) Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 CFR, 1977 Comp.,
p. 121 particularly sections 2 and 5.
(c) Coastal Zone Management
(1) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et.seq.), as amended, particularly
sections 307(c) and (d) (16 U.S.C. 1456(c) and (d)).
(d) Sole source aquifers
(1) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et.seq., and 21 U.S.C. 349) as
amended; particularly section 1424(e)(42 U.S.C. 300h -3(e).
(2) Sole Source Aquifers (Environmental Protection Agency -40 CFR part 149.)
(e) Endangered species
(1) The Endangered Species Act of 1973 (16 U.S.C. 1531 et.seq.) as amended, particularly section 7
(16 U.S.C. 1536)
(f) Wild and scenic rivers
(1) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et.seq.) as amended, particularly sections
7(b) and (c) (16 U.S.C. 1278(b) and (c)).
revised 1/15/98
Page 2 of 3
(g) Air quality
(1) The Clean Air Act (42 U.S.C. 7401 etseq. ) as amended, particularly sections 176(c) and (d) (42
U.S.C. 7506(c) and (d)).
(2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental
Protection Agency -40 CFR parts 6, 51, and 93).
(h) Farmland protection
(1) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et.seq.) particularly sections 1540(b) and
1541 (7 U.S.C. 4201(b) and 4202).
(i)
(2) Farmland Protection Policy (Department of Agriculture -7 CFR part 658).
HUD environmental standards
(1) Applicable criteria and standards specified in HUD environmental regulations (24 CFR part 51)(other
than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3)
(2) HUD Notice 79 -33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and
Radioactive Materials, September 10, 1979).
(j) Environmental justice
(1) Executive Order 12898 of February 11, 1994 — Federal Actions to Address Environmental Justice
in Minority Populations and Low - Income Populations, (59 FR 7629), 3 CFR, 1994 Comp. p. 859.
(k) Other requirements
See 24 CFR Part 58.6.
VI. ACQUISITION /RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et.
seq.), 49 C.F.R. Part 24, and 24 C.F.R. Section 570.496a.
,eyed 1115/98
Page 3 of 3
EXHIBIT E
CERTIFICATIONS
I, Charles Culpepper as Mayor of the City of Round Rock certify with respect to the
expenditure of funds provided under this contract by the City of Round Rock that;
(1) It will minimize displacement of persons as a result of activities assisted with such funds.
(2) The program will be conducted and administered in conformity with the Civil Rights Act of 1964 (42
U.S.C. Sec. 2000a et seq.) and the Fair Housing Act (42 U.S.C. Sec. 3901 et seq.), and that it will
affirmatively further fair housing, as specified by TDHCA.
(3) It will provide for opportunities for citizen participation, hearings and access to information with respect
to its community development programs, as specified by Department and TDHCA.
(4) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with
such funds by assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of obtaining access to
such public improvements unless (a) such funds are used to pay the proportion of such fee or
assessment that related to the capital costs of such public improvements that are financed from revenue
sources other than such funds; or (b) for purposes of assessing any amount against properties owned
and occupied by persons of moderate income, contractor certifies that it lacks sufficient funds under this
contract to comply with the requirements of clause (a).
(5) In the event that displacement of residential dwellings will occur in connection with a project assisted
with TCDP funds, it will follow a residential antidisplacement and relocation assistance plan, as specified
by TDHCA and Department.
(6) It shall adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations and a
policy of enforcing applicable state and local laws against physically barring entrance to or exit from a
facility or loc•tion which is the subject of such nonviolent civil rights demonstration within its jurisdiction.
revised 1/15/98
Charles Culpepper
Mayor, City of Round Rock
Page 1 of 2
Date
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned, Charles Culpepper as authorized representative of the
Texas certifies, to the best of his knowledge and belief, that:
City of Round Rock
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress, an
officer or employee of congress, or an employee of a member of congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard
form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(3)
The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than 5100,000 for each
such failure.
Signed:
revised 1115/98
Charles Culpepper
Mayor, City of Round Rock
Page 2 of 2
Date:
Date:
Subject:
Item:
May 22, 1998
City Council Meeting - May 28, 1998
11.A.2. Consider a resolution authorizing the Mayor to execute an
Economic Development Project Agreement with
Columbia/St. David's Round Rock Hospital. The purpose
of this agreement is to carry out an economic development
project for infrastructure improvements in the form of
water lines and street construction. This agreement is in
conjunction with the Texas Captial Fund grant. Applicant:
Columbia /St. David's Round Rock Hospital. Agent:
Langford Community Management Services. Staff
Resource Person: Joe Vining, Planning Director.